Ark. Code Ann. § 17-100-101 Short title.
This chapter may be cited as the “Licensure Act of Speech-Language Pathologists and Audiologists”.
Speech-Language Pathologists and Audiologists
Ark. Code Ann. tit. 17, ch. 100
in effectArk. Code Ann. § 17-100-102 Public policy.
It is declared to be a policy of the State of Arkansas that, in order to safeguard the public health, safety, and welfare; to protect the public from being misled by incompetent, unscrupulous, and unauthorized persons and from unprofessional conduct on the part of qualified speech-language pathologists and audiologists; and to help to assure the availability of the highest possible quality speech-language pathology and audiology services to individuals with disabilities that are communicative in nature who reside in this state, it is necessary to provide regulatory authority over persons offering speech- language pathology and audiology services to the public.
Ark. Code Ann. § 17-100-103 Definitions.
As used in this chapter:
(1) “Audiologist” means an individual who practices audiology by any title or description of services incorporating the words “audiologist”, “hearing clinician”, “hearing therapist”, or any similar title or description of services;
(2)(A) “Audiology” means the application of principles, methods, and procedures of measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, or rehabilitation related to hearing and balance disorders of the auditory system for the purpose of evaluating, identifying, preventing, ameliorating, or modifying such disorders and conditions in individuals and groups of individuals, including:
(i) Evaluating, diagnosing, managing, and treating auditory or vestibular conditions in the human ear;
(ii) Prescribing, ordering, selling, dispensing, or fitting hearing aids to an individual for the correction or relief of a condition for which hearing aids are worn; and
(iii) Prescribing, ordering, selling, dispensing, or externally fitting a sound processor to:
(a) An osseointegrated device for the correction or relief of a condition for which osseointegrated devices are worn; or
(b) A cochlear implant for the correction or relief of a condition for which cochlear implants are worn.
(B) "Audiology" includes:
(i) Conducting health screenings;
(ii) Removing a foreign body or cerumen from the external auditory canal;
(iii) Ordering but not interpreting cultures and bloodwork testing solely as relating to the auditory or vestibular conditions in the human ear;
(iv) Ordering and performing in-office nonradiographic testing of the external auditory canal solely for the evaluation of hearing and balance disorders; and
(v) Ordering but not interpreting radiographic imaging solely as relating to the auditory or vestibular conditions in the human ear.
(C) "Audiology" does not include:
(i) Surgery using an instrument, including a laser, scalpel, needle, cautery, cryoprobe, or suture, in which human tissue is cut, burned, vaporized, removed, or otherwise permanently altered by mechanical means, laser, ionizing radiation, ultrasound, or other means;
(ii) Osseointegrated device surgery;
(iii) Cochlear implant surgery;
(iv) The preparation, operation, or performance of radiographic imaging; or
(v) The use or interpretation of cultures, bloodwork testing, or radiographic imaging to diagnose or treat;
(3) “Person” means any individual, organization, or corporate body, except that only an individual may be licensed under this chapter;
(4) “Speech-language pathologist” means an individual who practices speech-language pathology by any title or description of services incorporating the words “speech-language pathologist”, “speech therapist”, “speech correctionist”, “speech clinician”, “language pathologist”, “language therapist”, “logopedist”, “communicologist”, “voice therapist”, “voice pathologist”, or any similar title or description of service;
(5) “Speech-language pathology” means the application of principles, methods, and procedures for the measurement, testing, evaluation, prediction, counseling, instruction, habilitation, or rehabilitation related to the development and disorders of speech, voice, or language, and dysphagia for the purpose of evaluating, preventing, ameliorating, or modifying such disorders and conditions in individuals and groups of individuals;
(6) “Speech-language pathology support personnel” or any variation, synonym, or coinage of the term means an individual who holds a bachelor's degree in speech language pathology or an individual who meets minimum qualifications established by the Board of Examiners in Speech-Language Pathology and Audiology, which are less than those established by this chapter as necessary for licensing as a speech-language pathologist, and who provides services as prescribed, directed, and supervised by a speech-language pathologist licensed under this chapter;
(7) “Telepractice” means telespeech, teleaudiology, teleSLP, telehealth, or telerehabilitation when used separately or together; and
(8) “Telepractice service” means the application of telecommunication technology equivalent in quality to services delivered face-to-face to deliver speech-language pathology or audiology services, or both, at a distance for assessment, intervention or consultation, or both.
(9) "Sound processor" means a nonsurgical, external unit that attaches to an internal osseointegrated device or cochlear implant.
Ark. Code Ann. § 17-100-104 Exemptions.
Nothing in this chapter shall be construed as preventing or restricting:
(1) A physician or surgeon from engaging in the practice of medicine in this state;
(2) A hearing aid dealer from engaging in the business of fitting and selling hearing aids in this state in accordance with § 17-84-101 et seq.;
(3) Any person licensed in this state by any other law from engaging in the profession or occupation for which he or she is licensed;
(4)(A) A person from performing speech-language pathology or audiology services solely within the confines or under the jurisdiction of a public school system if that person holds a valid and current certificate as a speech therapist or speech-language pathologist issued by the Division of Elementary and Secondary Education.
(B) However, without obtaining a license under this chapter, such a person may consult with or disseminate his or her research findings and other specific information to speech-language pathologists and audiologists outside the jurisdiction of the school district by which he or she is employed. Such a person may also offer lectures to the public for a fee, monetary or other, without being licensed under this chapter.
(C) The person may additionally elect to be subject to this chapter;
(5) The activities and services of persons pursuing a course of study leading to a degree in speech-language pathology or audiology at a college or university, if the activities and services constitute a part of a supervised course of study and if the persons are designated as speech-language pathology interns, speech-language pathology trainees, audiology interns, audiology trainees, or by other such titles clearly indicating the training status appropriate to their level of training;
(6)(A) The performance of speech-language pathology or audiology services in this state by any person not a resident of this state who is not licensed under this chapter, if the services are performed for no more than five (5) days in any calendar year and in cooperation with a speech-language pathologist or audiologist licensed under this chapter and if the person meets the qualifications and requirements for application for licensure described in § 17-100-302(b).
(B) The performance of speech-language pathology or audiology services in this state by a person not a resident of this state who is not licensed under this chapter, but who is licensed under the law of another state which has established licensure requirements at least equivalent to those established by § 17-100-302(b), or who is the holder of the American Speech-Language-Hearing Association certificate of clinical competence in speech-language pathology or audiology or its equivalent, if such services are performed in the state for no more than thirty (30) days in any fiscal year and are performed in cooperation with a speech-language pathologist or audiologist licensed under this chapter;
(7) A person from performing speech-language pathology or audiology services solely within the confines of the person's duties as an employee of the State of Arkansas, provided that the person was an employee of the State of Arkansas on January 1, 1993, and, furthermore, this exemption applies to such state employees who subsequently transfer to another agency of the state; or
(8)(A) A person from performing speech-language pathology services solely within the confines of the person's duties as an employee of any entity licensed or certified as a developmental disability services community provider by the Division of Developmental Disabilities Services, if that person holds a minimum of a bachelor's degree in speech-language pathology and is supervised by a licensed speech-language pathologist.
(B) The supervision of the bachelor's level personnel shall be in accordance with the rules adopted by the Board of Examiners in Speech-Language Pathology and Audiology.
(C) The board shall adopt rules that set forth the scope and restrictions relating to bachelor's level personnel.
(D) These persons shall be required to comply with state rules as speech-language pathology support personnel no later than January 1, 1997.
Ark. Code Ann. § 17-100-105 Criminal penalties.
Any person who violates any provision of this chapter shall upon conviction be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisoned in the county jail for a period not exceeding six (6) months, or both.
Ark. Code Ann. § 17-100-106 Civil penalties.
(a) Any person who, after notice and hearing, is found by the Board of Examiners in Speech-Language Pathology and Audiology to have violated any provision of this chapter or any rule of the board may be assessed a civil penalty not to exceed one thousand dollars ($1,000) for each violation.
(b) The penalty provided for in this section, plus interest at ten percent (10%) per annum, shall be paid to the board before the speech-language pathologist or audiologist can be issued a license to engage in practice in this state.
(c) The board shall have the authority to withhold approval for up to six (6) months of any application for any person who before approval of the application has been found in violation of this chapter.
(d) The board shall have the authority to file suit in the Pulaski County Circuit Court or the circuit court of the county in which the person resides to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service on the person of the order assessing the penalty, unless the circuit court enters a stay pursuant to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Ark. Code Ann. § 17-100-107 Injunction against unlawful practice.
When any person not licensed by the Board of Examiners in Speech-Language Pathology and Audiology, or any licensee, engages in the practice of speech-language pathology or audiology as defined in § 17-100-103 in violation of this chapter or the rules of the board, the board may go into the Pulaski County Circuit Court or the circuit court of the county in which the person resides and, upon affidavit, secure a writ of injunction, without bond, restraining and prohibiting the person from the practice of speech-language pathology or audiology in violation of this chapter.
Ark. Code Ann. § 17-100-108 Billing.
(a) Services provided by speech-language pathology support personnel which are prescribed, directed, and supervised by a speech-language pathologist licensed under this chapter may be billed to third parties as speech-language services or therapies.
(b) The billings may be in the name of the licensed speech-language pathologist or clinic of a licensed speech-language pathologist or a developmental disability day treatment clinic services community provider licensed or certified by the Division of Developmental Disabilities Services of the Department of Human Services that employs the speech-language pathology support personnel.
Ark. Code Ann. § 17-100-201 Creation — Members.
(a) There is established the Board of Examiners in Speech-Language Pathology and Audiology within the Department of Health.
(b)(1)(A) The board shall be composed of seven (7) members appointed by the Governor to three-year terms.
(B) The members of the board shall be residents of this state for at least two (2) years immediately preceding their appointments.
(2)(A)(i) Five (5) members of the board shall be appointed by the Governor after consulting the Arkansas Speech-Language-Hearing Association, Inc., the American Academy of Audiology, and other professional groups or individuals and subject to confirmation by the Senate.
(ii) The Governor shall appoint a new member of the board if a vacancy occurs.
(B) The board shall have the following professional members:
(i) Two (2) speech-language pathologists;
(ii) Two (2) audiologists; and
(iii) A fifth member who shall be either a speech-language pathologist or an audiologist.
(C) There shall be one (1) consumer member who shall not be actively engaged in the practice of speech-language pathology or audiology.
(3)(A) One (1) member of the board shall represent the elderly.
(B) The representative of the elderly shall:
(i) Be sixty (60) years of age or older;
(ii) Not be actively engaged in or retired from the practice of speech-language pathology or audiology;
(iii) Be appointed from the state at large, subject to confirmation by the Senate; and
(iv) Be a full voting member but shall not participate in the grading of examinations.
(4) The consumer representative position and the representative of the elderly position may not be filled by the same person.
(c) A person shall not be eligible to serve more than two (2) full consecutive terms.
(d) Board members may receive expense reimbursement in accordance with § 25-16-901 et seq.
Ark. Code Ann. § 17-100-202 Powers and duties.
(a) The Board of Examiners in Speech-Language Pathology and Audiology shall administer, coordinate, and enforce the provisions of this chapter and evaluate the qualifications and supervise the examinations of applicants for licensure under this chapter. The board may issue subpoenas, examine witnesses, and administer oaths and, at its discretion, shall investigate allegations or practices violating the provisions of this chapter.
(b)(1) The board shall adopt rules relating to professional conduct commensurate with the policy of this chapter, including, but not limited to, rules which establish ethical standards of practice necessary to the enforcement and orderly administration of this chapter and, for other purposes, may amend or repeal the same in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(2) The board shall promulgate rules regarding the use of speech-language pathology support personnel by practitioners of speech-language pathology.
(3)(A) All rules promulgated pursuant to this section shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.
(B) Following their adoption, the rules shall govern and control the professional conduct of every person who holds a license to practice speech-language pathology or audiology in this state.
(c) The Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall apply to the authority and procedure of the board.
(d) The board shall conduct hearings and keep records and minutes necessary to the orderly dispatch of its functions. The board shall provide notice to the appropriate persons in a manner it considers appropriate of the times and places of all hearings authorized by this subsection.
(e) The conferral or enumeration of specific powers elsewhere in this chapter shall not be construed as a limitation of the general functions conferred by this section.
Ark. Code Ann. § 17-100-203 Organization and proceedings.
(a)(1) The Board of Examiners in Speech-Language Pathology and Audiology shall meet during the first sixty (60) days of each fiscal year to select a chair and other officers for other appropriate purposes. At least one (1) additional meeting shall be held before the end of each calendar year.
(2) Further meetings may be convened at the call of the Chair of the Board of Examiners in Speech-Language Pathology and Audiology or the written request of any two (2) board members.
(3) All meetings of the board shall be open to the public, except that the board may close sessions to prepare, approve, grade, or administer examinations or, upon request of an applicant who fails an examination, to prepare a response indicating any reason for his or her failure.
(b) Four (4) members of the board shall constitute a quorum for all purposes, but in no instance shall a meeting of four (4) board members which does not include both a speech-language pathologist and audiologist be considered a certain quorum.
(c) The board shall adopt a seal by which it shall authenticate its proceedings. Copies of the proceedings, records, and acts of the board and records and acts signed by the chair or the Executive Secretary of the Board of Examiners in Speech-Language Pathology and Audiology and authenticated by the seal shall be prima facie evidence in all courts of this state.
Ark. Code Ann. § 17-100-204 Director.
(a) The Board of Examiners in Speech-Language Pathology and Audiology may employ and discharge, in consultation with the Secretary for the State Board of Health, a Director of the Board of Examiners in Speech-Language Pathology and Audiology as may be necessary to carry out the duties of the board.
(b) The board shall outline duties and fix compensation of the director in accordance with law.
(c) The amount of per diem and mileage and expense moneys paid to the director shall be in accordance with applicable law.
Ark. Code Ann. § 17-100-206 Disposition of funds — Reports.
(a) All fees and other funds received by the Board of Examiners in Speech-Language Pathology and Audiology shall be deposited into a bank account in the name of the board in one (1) or more banks in this state and shall be used by the board exclusively for payment to the Department of Health of reasonable and necessary salaries, maintenance, and operating expenses in the performance of duties imposed on the board under the provisions of this chapter or the payment of the salary of the Director of the Board of Examiners in Speech-Language Pathology and Audiology.
(b) The board shall report monthly to the Department of Health and the Department of Finance and Administration the amount and source of all revenue received by it pursuant to this chapter during the preceding month.
(c) All appropriate expenses incurred by the board in the administration of the provisions of this chapter shall be paid when vouchers relating to such expenses are exhibited as having been approved by the board.
(d)(1) The board shall be financed from income accruing from fees, licenses, and other income collected by the board.
(2) All expenses, which may include full or partial financing of continuing professional education programs adopted by the board under § 17-100-306, and the salary of the director shall be paid as budgeted after budgets are approved or within the limitations of any appropriation for that purpose that may be included in any appropriate Arkansas appropriations law.
(3) All employee salary reimbursement amounts shall be determined by the Department of Health and shall be paid as budgeted after budgets are approved or within the limitations of any appropriation for that purpose that may be included in any appropriate Arkansas appropriations law.
(e) The board will have the authority to establish and change fees for application, examination, renewal, inactivation, reactivation, and delinquency purposes.
Ark. Code Ann. § 17-100-207 Audiologists — Licensing.
(a) Notwithstanding § 17-84-101 et seq. or any other law to the contrary, a person who is licensed by the Board of Examiners in Speech-Language Pathology and Audiology under § 17-100-301 et seq. as an audiologist in this state shall not be required to be licensed by the Arkansas Board of Hearing Instrument Dispensers.
(b) The Board of Examiners in Speech-Language Pathology and Audiology shall promulgate rules governing the dispensing of hearing aids by audiologists licensed by the Board of Examiners in Speech-Language Pathology and Audiology, provided that such rules shall be no less stringent than the rules adopted by the Arkansas Board of Hearing Instrument Dispensers for the dispensing of hearing aids.
Ark. Code Ann. § 17-100-208 Outside investigators.
(a)(1) The Board of Examiners in Speech-Language Pathology and Audiology shall contract with an outside investigator as needed to perform investigations and conduct inspections of alleged wrongdoing.
(2) An outside investigator contracted with under subdivision (a)(1) of this section shall have expertise or background in the subject matter in which he or she is being contracted to investigate.
(b) The duties of an investigator hired under this section shall include without limitation investigation and inspection of all complaints, as determined by the board, to determine whether a person has:
(1) Practiced his or her profession in such a way as to endanger the general health and welfare of the public; or
(2) Otherwise violated this chapter or rules of the board. (c)(1) The board shall file a report annually on or before December 1 with the Senate Committee on State Agencies and Governmental Affairs and the House Committee on State Agencies and Governmental Affairs for the committees' review.
(2) The report shall include:
(A) The number of complaints that have been filed;
(B) A list of who has been investigated and the purported violation; and
(C) A summary of the findings of each investigation.
Ark. Code Ann. § 17-100-301 License required.
(a) No person shall practice or represent himself or herself as a speech-language pathologist or audiologist in this state unless he or she is licensed in accordance with the provisions of this chapter.
(b) A license shall be granted either in speech-language pathology or audiology independently. A person may be licensed in both areas if he or she meets the respective qualifications.
Ark. Code Ann. § 17-100-302 Eligibility.
(a) The Board of Examiners in Speech-Language Pathology and Audiology shall issue a license to a person who meets the requirements of this chapter and pays to the board the application for initial license fee prescribed in § 17-100-308.
(b) To be eligible for licensure by the board as a speech-language pathologist or audiologist, a person shall:
(1) Possess at least a master's degree in the area of speech- language pathology or a master's degree in audiology obtained on or before December 30, 2006, or a doctoral degree obtained after January 1, 2007, from an educational institution recognized by the board;
(2) Submit evidence of the completion of the educational, clinical experience, and employment requirements, which shall be based on appropriate national standards and prescribed by the rules adopted under this chapter;
(3) Apply for a criminal background check and meet the qualifications for issuance of a license under § 17-100-309 if he or she affirmatively indicates that he or she intends to participate in the Audiology and Speech-Language Pathology Interstate Compact; and
(4) Pass an examination approved by the board before the board approves a license.
(c) The board shall issue a provisional license to a person who meets the requirements of this chapter, submits the appropriate application, and pays to the board the application for initial license fee prescribed in § 17-100-308.
(d) To be eligible for provisional licensure by the board as a speech-language pathologist or audiologist, a person shall:
(1) Possess at least a master's degree in the area of speech-language pathology or audiology, as the case may be, from an educational institution recognized by the board;
(2) Be in the process of completing the postgraduate professional experience requirement; and
(3) Pass an examination approved by the board.
(e) The purpose of a provisional license is to permit a person to practice speech-language pathology or audiology while completing the postgraduate professional experience as required by this chapter. A person holding a provisional license is authorized to practice speech-language pathology or audiology only while working under the supervision of a person fully licensed by this state in accordance with this chapter.
(f) The board shall have the authority to adopt rules regarding the term and conditions for which a provisional license is granted.
Ark. Code Ann. § 17-100-303 Licensure — Examination.
(a)(1) A person eligible for licensure under § 17-100-302 and desirous of licensure shall make application to the Board of Examiners in Speech-Language Pathology and Audiology upon a form and in such a manner as the board shall prescribe.
(2) Any application shall be accompanied by the fee prescribed by § 17-100-308, which shall in no case be refunded.
(b)(1) Each applicant for licensure under this chapter shall be examined by the board in a written examination if the board deems a written examination to be appropriate.
(2) Standards for acceptable performance shall be established.
(3) Applicants shall be examined at a time and place and under such supervision as the board may determine. Examinations shall be given at such places within this state as the board may determine at least two (2) times each year, and the board shall make public, in a manner it considers appropriate, and shall appropriately notify all individual applicants of, the time and place of the administration of examinations.
(4) The board may examine in whatever theoretical or applied fields of speech pathology and audiology it considers appropriate and may examine with regard to a person's professional skills and judgment in the utilization of speech language pathology or audiology techniques and methods.
(5) The board shall maintain a permanent record of all examination results.
Ark. Code Ann. § 17-100-304 Reciprocity.
(a) The Board of Examiners in Speech-Language Pathology and Audiology may waive the examination and grant a license to any applicant who shall present proof of current licensure in another state, the District of Columbia, or territory of the United States which maintains professional standards considered by the board to be equivalent to those set forth in this chapter.
(b) The board may waive the examination and grant a license to any person certified as clinically competent by the American Speech-Language-Hearing Association, the American Academy of Audiology, or the American Board of Audiology in the area for which the person is applying for licensure.
(c) A person certified by the American Speech-Language-Hearing Association, the American Academy of Audiology, or the American Board of Audiology or licensed under the law of another state, a territory of the United States, or the District of Columbia and that has requirements at least equal to those of Arkansas as a speech language pathologist or audiologist who has applied for a license and paid the appropriate fees may perform speech language pathology and audiology services in this state.
Ark. Code Ann. § 17-100-306 Continuing education.
The Board of Examiners in Speech-Language Pathology and Audiology shall require the applicant for license renewal to present evidence of the satisfactory completion of continuing education requirements as determined and published by the board.
Ark. Code Ann. § 17-100-307 Denial, suspension, revocation, or other disciplinary action — Reinstatement.
(a) The Board of Examiners in Speech-Language Pathology and Audiology may refuse to issue or renew a license or may suspend or revoke a license when the licensee or applicant for license has been guilty of unprofessional conduct which has endangered or is likely to endanger the health, welfare, or safety of the public. Such unprofessional conduct may result from, but not necessarily be limited to:
(1) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts;
(2) Being guilty of unprofessional conduct as defined by the rules established by the board or violating the code of ethics adopted and published by the board;
(3)(A) Being convicted of a felony listed under § 17-3-102.
(B) At the direction of the board, and after due notice and an administrative hearing in accordance with the provisions of applicable Arkansas laws, the license of the person so convicted shall be suspended or revoked or the board shall decline to issue a license when:
(i) The time for appeal has elapsed;
(ii) The judgment of conviction has been affirmed on appeal; or
(iii) An order granting probation has been made suspending the imposition of sentence, without regard to a subsequent order under the provisions of state law allowing the withdrawal of a guilty plea and the substitution of a not guilty plea, or the setting aside of a guilty verdict, or the dismissal of the acquisition, information, or indictment;
(4) Violating any lawful order or rule rendered or adopted by the board; or
(5) Violating any provision of this chapter.
(b) The board shall deny any application for, or issue a letter of reprimand, or censure, suspend, revoke, or impose probationary conditions upon, the license or licensee as ordered by the board in any decision made after a hearing as provided in this chapter.
(c)(1) No sooner than five (5) years after the date of revocation of a license under this section, an applicant may again apply for licensure.
(2) The board may accept or reject an application for licensure under this section and may impose additional requirements.
Ark. Code Ann. § 17-100-308 Fees.
(a) The Board of Examiners in Speech-Language Pathology and Audiology shall prescribe and publish in a manner that it deems appropriate fees in amounts determined by the board for the following purposes:
(1) Application for initial license;
(2) Renewal of license;
(3) Late penalty per month;
(4) Inactivation; and
(5) Reactivation.
(b) The board may by rule provide for the waiver of all or part of the renewal fee if the license is issued less than one hundred twenty (120) days before the date on which it will expire.
Ark. Code Ann. § 17-100-309 Criminal background checks.
(a) Each applicant or licensee for a license issued by the Board of Examiners in Speech-Language Pathology and Audiology under the Audiology and Speech-Language Pathology Interstate Compact is required to apply for a state and national criminal background check, to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation.
(b) The criminal background check shall conform to the applicable federal standards and shall include the taking of fingerprints.
(c) The applicant or licensee shall sign a release of information to the board and shall be responsible for the payment of any fee associated with the criminal background check.
(d) Upon completion of the criminal background check, the Identification Bureau of the Division of Arkansas State Police shall forward to the board all releasable information obtained concerning the applicant or licensee.
(e) For purposes of this section, the board shall follow the licensing restrictions based on criminal records under § 17-3-102.
(f)(1) Information received by the board from the Identification Bureau of the Division of Arkansas State Police under this section shall not be available for examination except by the affected applicant or licensee for licensure or his or her authorized representative or the person whose license is subject to revocation or his or her authorized representative.
(2) A record, file, or document shall not be removed from the custody of the division.
(g) Information made available to the affected applicant or licensee for licensure or the person whose license is subject to revocation shall be information pertaining to that person only.
(h) Rights of privilege and confidentiality established in this section do not extend to any document created for purposes other than the criminal background check under the Audiology and Speech-Language Pathology Interstate Compact.
(i) The board shall adopt the necessary rules to fully implement the provisions of this section.
Ark. Code Ann. § 17-100-401 Text of compact.
The Audiology and Speech-Language Pathology Interstate Compact is enacted into law and entered into by this state with all states legally joining therein and in the form substantially as follows: Audiology and Speech-Language Pathology Interstate Compact SECTION 1: PURPOSE The purpose of this Compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient/client/student is located at the time of the patient/client/student encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This Compact is designed to achieve the following objectives:
1. Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;
2. Enhance the states’ ability to protect the public’s health and safety;
3. Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice;
4. Support spouses of relocating active duty military personnel;
5. Enhance the exchange of licensure, investigative and disciplinary information between member states;
6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards; and 7. Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services. SECTION 2: DEFINITIONS As used in this Compact, and except as otherwise provided, the following definitions shall apply:
A. “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 and 1211.
B. “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual’s license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.
C. “Alternative program” means a non-disciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.
D. “Audiologist” means an individual who is licensed by a state to practice audiology.
E. “Audiology” means the care and services provided by a licensed audiologist as set forth in the member state’s statutes and rules.
F. “Audiology and Speech-Language Pathology Compact Commission” or “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact.
G. “Audiology and speech-language pathology licensing board,” “audiology licensing board,” “speech-language pathology licensing board,” or “licensing board” means the agency of a state that is responsible for the licensing and regulation of audiologists and/or speech-language pathologists.
H. “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient/client/student is located at the time of the patient/client/student encounter.
I. “Current significant investigative information” means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech- language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.
J. “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege and adverse action.
K. “Encumbered license” means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB).
L. “Executive Committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
M. “Home state” means the member state that is the licensee’s primary state of residence.
N. “Impaired practitioner” means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.
O. “Licensee” means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech- language pathologist.
P. “Member state” means a state that has enacted the Compact.
Q. “Privilege to practice” means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state.
R. “Remote state” means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.
S. “Rule” means a regulation, principle or directive promulgated by the Commission that has the force of law.
T. “Single-state license” means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.
U. “Speech-language pathologist” means an individual who is licensed by a state to practice speech-language pathology.
V. “Speech-language pathology means the care and services provided by a licensed speech-language pathologist as set forth in the member state’s statutes and rules.
W. “State” means any state, commonwealth, district or territory of the United States of America that regulates the practice of audiology and speech- language pathology.
X. “State practice laws” means a member state’s laws, rules and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.
Y. “Telehealth” means the application of telecommunication technology to deliver audiology or speech-language pathology services at a distance for assessment, intervention and/or consultation.
Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.17.htmlFetched: 11/8/2026