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Committee backs fingerprinting for speech-language pathologists seeking compact privileges

2360826 · February 20, 2025
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Summary

The Senate Government Organization Committee agreed to a committee substitute for SB 443 that authorizes the Board of Examiners for Speech-Language Pathology and Audiology to require criminal background checks only for licensees who seek compact privileges under the SLPA compact and reported the substitute to the full Senate with a recommendation

The Senate Government Organization Committee voted to agree to the committee substitute for Senate Bill 443 and to report the substitute to the full Senate with a recommendation that it pass. The substitute would authorize the Board of Examiners for Speech-Language Pathology and Audiology (SLPA board) to require criminal background checks, including fingerprint checks using FBI and state police channels, but only for licensees who seek compact privileges to practice in other member states under the SLPA compact.

Committee counsel explained the change is specific to compact privileges and that the Board currently does not require criminal background checks for in-state licensure. Counsel said West Virginia is a member state of the SLPA compact, located in Article 32A of Chapter 30 according to the counsel’s description, and that many occupational licensure compacts require such background checks to populate a multistate database of credentialed practitioners. Counsel told the committee the FBI has in recent years required explicit statutory authorization for fingerprint-based background checks, so the committee substitute provides that authorization for compact purposes on request of the SLPA board.

Committee members asked clarifying questions about whether the background check is required for all licensees (counsel: it is not) and whether the requirement would automatically disqualify a licensee (counsel: it would not be automatic). After agreeing to the committee substitute language by voice vote, the vice chair moved to report the substitute to the full Senate with a recommendation that it pass; the committee approved that motion by voice vote. The transcript records only the voice votes and the chair’s ruling that "the ayes have it;" no roll-call tallies were recorded in the transcript.