Title 201 | Chapter 017 | Regulation 120E


201 KAR 17:120REG
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STATEMENT OF EMERGENCY
201 KAR 17:120E

Pursuant to KRS 13A.190(1)(a)3. and KRS 334A.188. SECTION 15.B.1, this emergency amendment is being promulgated to comply with the statutory requirements of the Board of Speech-Language Pathology and Audiology to review any rule adopted by the Audiology and Speech-Language Pathology Interstate Compact pursuant to SECTION 10 of KRS 334A.188 within sixty (60) days of adoption for the purpose of filing the rule as an emergency administrative regulation pursuant to KRS 13A.190 and for filing the rule as an accompanying ordinary administrative regulation pursuant to KRS Chapter 13A. This administrative regulation incorporates by reference the rules adopted by the Audiology and Speech-Language Pathology Interstate Compact.

KRS 334A.188. Section 15.B.1. requires that this emergency regulation be promulgated, and therefore the filing of an ordinary administrative regulation alone is not sufficient. This emergency administrative regulation will be replaced by an ordinary administrative regulation. The ordinary administrative regulation filed with this emergency administrative regulation is identical.

JENNIFER LUTES, M.S., SLP, Board Chair
ANDY BESHEAR, Governor

BOARDS AND COMMISSIONS
Board of Speech-Language Pathology and Audiology
(Emergency Amendment)

201 KAR 17:120E.Audiology and Speech-Language Pathology Interstate Compact.

Section 1.

The Board of Speech-Language Pathology and Audiology shall comply with all rules of the Audiology and Speech-Language Pathology Interstate Compact, which includes the Audiology and Speech-Language Pathology Interstate Compact Rules as of June 30, 2025.

Section 2.

Incorporation by Reference.

(1)

The following material is incorporated by reference: "The Audiology and Speech-Language Pathology Interstate Compact Rules", June 30, 2025, and as revised.

(a)

Chapter 1 – Rule on Definitions, adopted April 17, 2023;

(b)

Chapter 2 – Rule on Data System Reporting Requirements, adopted April 17, 2023; and

(c)

Chapter 3 – Rule on Implementation of Criminal Background Check Requirement, adopted October 7, 2023.

(d)

Chapter 4 – Rulemaking on Fees, adopted June 30, 2025.

(2)

 

(a)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Speech-Language Pathology and Audiology, 500 Mero Street, 2 SC 32, Frankfort, Kentucky 40602, Monday through Friday, 8 a.m. to 4:30 p.m.; or

(b)

This material may also be obtained on the Board of Speech-Language Pathology and Audiology Web site at https://slp.ky.gov/.

(3)

This material may also be obtained at:

(a)

The Audiology and Speech-Language Pathology Interstate Compact Commission, 1776 Avenue of the States, Lexington, Kentucky 40511; or

(b)

https://aslpcompact.com/commission/commission-governance-documents/.

HISTORY: COMPILER'S NOTE: 2025 RS HB 6, enacted by the General Assembly on March 27, 2025, altered the information to be provided at the time an administrative regulation is filed. Aside from formatting changes necessary to upload the regulation into the LRC's publication application, this regulation has been published as submitted by the agency.

JENNIFER LUTES, M.S., SLP, Chair
APPROVED BY AGENCY: August 26, 2025
FILED WITH LRC: August 26, 2025 at 4:25 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 29, 2025, at 2:00 p.m. Eastern Time, at the Mayo-Underwood Building, 500 Mero Street, Frankfort, Kentucky in PPC Conference Room 127CW. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through October 31, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to https://ppc.ky.gov/reg_comment.aspx or the contact person.
CONTACT PERSON: Sara Boswell Janes, Staff Attorney III, Department of Professional Licensing, Office of Legal Services, 500 Mero Street, 2 NC WK#2, Frankfort, Kentucky 40601; phone (502) 782-2709 (office), fax (502) 564-4818, email Sara.Janes@ky.gov. Link to public comment portal: https://ppc.ky.gov/reg_comment.aspx.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Sara Boswell Janes
Subject Headings:
Speech-Language Pathology, Audiology, Compacts, Interstate
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation implements KRS 334A.188, the Audiology and Speech-Language Pathology Interstate Compact (“ASLP-IC”).
(b) The necessity of this administrative regulation:
This administrative regulation is necessary because KRS 334A.188, SECTION 15.B.1. requires rules adopted by the Audiology and Speech-Language Pathology Interstate Compact to be promulgated as administrative regulations pursuant to KRS Chapter 13A.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the specific requirements of the authorizing statute, KRS 334A.188, SECTION 15.B.1. which requires rules adopted by the ASLP-IC to be promulgated as administrative regulations pursuant to KRS Chapter 13A.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation conforms to the content of KRS 334A.188 which requires this promulgation.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment will add a new rule on fees, as adopted by the ASLP-IC on June 30, 2025.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to meet the statutory requirements of KRS 334A.188, SECTION 15.B.1. which requires rules adopted by the ASLP-IC to be promulgated as administrative regulations pursuant to KRS Chapter 13A.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment conforms with the authorizing statute by being filed within the sixty (60) day period after adoption of the new rule by the ASLP-IC.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment will put all licensees who wish to participate in the ASLP-IC the cost of the application for the privilege to practice.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
Yes. 2021 Ky. Acts ch. 45, sec. 1, effective June 29, 2021.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation will affect the 4021 active and 102 inactive licensees in some capacity, and will also affect new applicants for licensure.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
No action is necessary.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There is no additional cost imposed by this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
They will be in compliance with the regulation.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no additional cost.
(b) On a continuing basis:
There is no additional cost.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The board’s operations are funded by fees paid by credential holders and applicant.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in state fees or funding will be required.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish fees or directly or indirectly increase any fees in Kentucky. However, if a Kentucky licensee wishes to obtain the privilege to practice in another compact state, they will be required to pay an application fee to the ASLP-IC to obtain the privilege.
(10) TIERING: Is tiering applied?
Tiering was not applied as the changes apply to all equally.

FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
(1) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation: KRS 334A.080(3), 334A.188. Interstate compacts are specifically authorized under the federal constitution (Article 1, Section 10, Clause 3- the Compacts Clause) and take precedence over any conflicting state law pursuant to the Compacts Clause and the Con-tracts Clause, U.S. Constitution, Article 1, Section 10, Clause 1.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This administrative regulation is expressly authorized by KRS 334A.188, Section 15.B.1.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
(a) The Kentucky Board of Speech-Language Pathology and Audiology is the promulgating agency and the only affected state unit, part or division.
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
The compact may become operational in 2025, however, the expenditures needed in the first year are currently indeterminable. There will likely be some state expenditures necessary for data system programming, administering applications for compact privileges within and without the Commonwealth, as well as administering complaint and enforcement actions for those with the privilege to practice in Kentucky, and possibly for Kentucky licensees with the privilege to practice in other states.
For subsequent years:
The expenditures needed in subsequent years are currently indeterminable. There will likely be some state expenditures necessary for data system programming, administering applications for compact privileges within and without the Commonwealth, as well as administering complaint and enforcement actions for those with the privilege to practice in Kentucky, and possibly for Kentucky licensees with the privilege to practice in other states.
2. Revenues:
For the first year:
The board will establish a fee for licensees in other states who wish to obtain a privilege to practice in Kentucky under the ASLP-IC to cover the cost of administration. However, at this time potential revenues are indeterminable.
For subsequent years:
The board will also establish a renewal fee for out of state licensees who obtain the privilege to practice in Kentucky. However, at this time potential revenues are indeterminable.
3. Cost Savings:
For the first year:
Indeterminable.
For subsequent years:
Indeterminable.
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None anticipated.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
(5)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts): None anticipated.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A (6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (6)(a):
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
The fiscal impact is currently indeterminable since there are no known duties outlined for the state in relation to the compact. It is possible there will be a fiscal impact for administering applications for compact privileges for in-state licensees who apply for the privilege to practice in another state, and for out of state licensees who apply for the privilege to practice in Kentucky. The ASLP-IC remains in its infancy and the work to be conducted by the state board as a result of the compact is yet to be determined.
(b) Methodology and resources used to reach this conclusion:
Methodology and resources used are the fiscal department within the Public Protection Cabinet, Department of Professional Services.
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(13): There are no known duties outlined for the state in relation to the compact; however, given the number of licensees, current budget and anticipated number of applications for in-state licensees to practice in another state and out of state licensees to obtain the privilege to practice in Kentucky, this administrative regulation will not have a major economic impact to the entities identified.
(b) The methodology and resources used to reach this conclusion:
Methodology and resources used are the fiscal department within the Public Protection Cabinet, Department of Professional Services.

Emergency Effective: 8/26/2025

7-Year Expiration: 6/18/2032

Last Updated: 8/28/2025


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