Arkansas 2023 Regular Session

Arkansas Senate Bill SB91 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 301 of the Regular Session
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4	3
5	4		State of Arkansas As Engrossed: S3/2/23 1
6	5		94th General Assembly A Bill 2
7	6		Regular Session, 2023 SENATE BILL 91 3
8	7		4
9	8		By: Senators K. Hammer, J. Boyd, F. Love 5
10	9		By: Representatives C. Fite, L. Johnson, Pilkington, Eubanks, D. Garner 6
11	10		7
12	11		For An Act To Be Entitled 8
13	12		AN ACT TO ESTABLISH THE AUDIOLOGY AND SP EECH-LANGUAGE 9
14	13		PATHOLOGY INTERSTATE COMPACT IN ARKANSAS; AND FOR 10
15	14		OTHER PURPOSES. 11
16	15		12
17	16		13
18	17		Subtitle 14
19	18		TO ESTABLISH THE AUDIOLOGY AND SPEECH -15
20	19		LANGUAGE PATHOLOGY INTERSTATE COMPACT IN 16
21	20		ARKANSAS. 17
22	21		18
23	22		19
24	23		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
25	24		21
26	25		SECTION 1. Arkansas Code Title 17, Chapter 100, is amended to add an 22
27	26		additional subchapter to read as follows: 23
28	27		Subchapter 4 — Audiology and Speech -Language Pathology Interstate Compact 24
29	28		25
30	29		17-100-401. Text of compact. 26
31	30		The Audiology and Speech -Language Pathology Interstate Compact is 27
32	31		enacted into law and entered into by this state with all states le gally 28
33	32		joining therein and in the form substantially as follows: 29
34	33		30
35	34		Audiology and Speech -Language Pathology Interstate Compact 31
36	35		32
37	36		SECTION 1: PURPOSE 33
38	37		The purpose of this Compact is to facilitate interstate practice of audiology 34
39	38		and speech-language pathology with the goal of improving public access to 35
40	39		audiology and speech -language pathology services. The practice of audiology 36 As Engrossed: S3/2/23 SB91
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43	42
44	43
45	44		and speech-language pathology occurs in the state where the 1
46	45		patient/client/student is located at the time of the patient/client/student 2
47	46		encounter. The Compact preserves the regulatory authority of states to 3
48	47		protect public health and safety through the current system of state 4
49	48		licensure. This Compact is designed to achieve the following objectives: 5
50	49		1. Increase public access to audiology and sp eech-language 6
51	50		pathology services by providing for the mutual recognition of other member 7
52	51		state licenses; 8
53	52		2. Enhance the states’ ability to protect the public’s health and 9
54	53		safety; 10
55	54		3. Encourage the cooperation of member states in regulating 11
56	55		multistate audiology and speech-language pathology practice; 12
57	56		4. Support spouses of relocating active duty military personnel; 13
58	57		5. Enhance the exchange of licensure, investigative and 14
59	58		disciplinary information between member states; 15
60	59		6. Allow a remote state to hold a provider of services with a 16
61	60		compact privilege in that state accountable to that state’s practice 17
62	61		standards; and 18
63	62		7. Allow for the use of telehealth technology to facilitate 19
64	63		increased access to audiology and speech -language pathology services. 20
65	64		21
66	65		SECTION 2: DEFINITIONS 22
67	66		As used in this Compact, and except as otherwise provided, the 23
68	67		following definitions shall apply: 24
69	68		A. “Active duty military” means full -time duty status in the active 25
70	69		uniformed service of the United States, including members of the National 26
71	70		Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 27
72	71		and 1211. 28
73	72		B. “Adverse action” means any administrative, civil, equitable or 29
74	73		criminal action permitted by a state’s laws which is imposed by a licensing 30
75	74		board or other authority aga inst an audiologist or speech -language 31
76	75		pathologist, including actions against an individual’s license or privilege 32
77	76		to practice such as revocation, suspension, probation, monitoring of the 33
78	77		licensee, or restriction on the licensee’s practice. 34
79	78		C. “Alternative program” means a non -disciplinary monitoring process 35
80	79		approved by an audiology or speech -language pathology licensing board to 36 As Engrossed: S3/2/23 SB91
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84	83
85	84		address impaired practitioners. 1
86	85		D. “Audiologist” means an individual who is licensed by a state to 2
87	86		practice audiology. 3
88	87		E. “Audiology” means the care and services provided by a licensed 4
89	88		audiologist as set forth in the member state’s statutes and rules. 5
90	89		F. “Audiology and Speech -Language Pathology Compact Commission” or 6
91	90		“Commission” means the national administrative body whose memb ership consists 7
92	91		of all states that have enacted the Compact. 8
93	92		G. “Audiology and speech -language pathology licensing board,” 9
94	93		“audiology licensing board,” “speech -language pathology licensing board,” or 10
95	94		“licensing board” means the agency of a state that is r esponsible for the 11
96	95		licensing and regulation of audiologists and/or speech -language pathologists. 12
97	96		H. “Compact privilege” means the authorization granted by a remote 13
98	97		state to allow a licensee from another member state to practice as an 14
99	98		audiologist or speech -language pathologist in the remote state under its laws 15
100	99		and rules. The practice of audiology or speech -language pathology occurs in 16
101	100		the member state where the patient/client/student is located at the time of 17
102	101		the patient/client/student encounter. 18
103	102		I. “Current significant investigative information” means investigative 19
104	103		information that a licensing board, after an inquiry or investigation that 20
105	104		includes notification and an opportunity for the audiologist or speech -21
106	105		language pathologist to respond, if required by state law, has reason to 22
107	106		believe is not groundless and, if proved true, would indicate more than a 23
108	107		minor infraction. 24
109	108		J. “Data system” means a repository of information about licensees, 25
110	109		including, but not limited to, continuing education, examination, lic ensure, 26
111	110		investigative, compact privilege and adverse action. 27
112	111		K. “Encumbered license” means a license in which an adverse action 28
113	112		restricts the practice of audiology or speech -language pathology by the 29
114	113		licensee and said adverse action has been reported to t he National 30
115	114		Practitioners Data Bank (NPDB). 31
116	115		L. “Executive Committee” means a group of directors elected or 32
117	116		appointed to act on behalf of, and within the powers granted to them by, the 33
118	117		Commission. 34
119	118		M. “Home state” means the member state that is the license e’s primary 35
120	119		state of residence. 36 As Engrossed: S3/2/23 SB91
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125	124		N. “Impaired practitioner” means individuals whose professional 1
126	125		practice is adversely affected by substance abuse, addiction, or other 2
127	126		health-related conditions. 3
128	127		O. “Licensee” means an individual who currently holds an aut horization 4
129	128		from the state licensing board to practice as an audiologist or speech -5
130	129		language pathologist. 6
131	130		P. “Member state” means a state that has enacted the Compact. 7
132	131		Q. “Privilege to practice” means a legal authorization permitting the 8
133	132		practice of audiology or speech-language pathology in a remote state. 9
134	133		R. “Remote state” means a member state other than the home state where 10
135	134		a licensee is exercising or seeking to exercise the compact privilege. 11
136	135		S. “Rule” means a regulation, principle or directive promulg ated by the 12
137	136		Commission that has the force of law. 13
138	137		T. “Single-state license” means an audiology or speech -language 14
139	138		pathology license issued by a member state that authorizes practice only 15
140	139		within the issuing state and does not include a privilege to practice in any 16
141	140		other member state. 17
142	141		U. “Speech-language pathologist” means an individual who is licensed by 18
143	142		a state to practice speech -language pathology. 19
144	143		V. “Speech-language pathology means the care and services provided by a 20
145	144		licensed speech-language pathologist as set forth in the member state’s 21
146	145		statutes and rules. 22
147	146		W. “State” means any state, commonwealth, district or territory of the 23
148	147		United States of America that regulates the practice of audiology and speech -24
149	148		language pathology. 25
150	149		X. “State practice la ws” means a member state’s laws, rules and 26
151	150		regulations that govern the practice of audiology or speech -language 27
152	151		pathology, define the scope of audiology or speech -language pathology 28
153	152		practice, and create the methods and grounds for imposing discipline. 29
154	153		Y. “Telehealth” means the application of telecommunication technology 30
155	154		to deliver audiology or speech -language pathology services at a distance for 31
156	155		assessment, intervention and/or consultation. 32
157	156		33
158	157		SECTION 3. STATE PARTICIPATION IN THE COMPACT 34
159	158		A. A license issued to an audiologist or speech -language pathologist by 35
160	159		a home state to a resident in that state shall be recognized by each member 36 As Engrossed: S3/2/23 SB91
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164	163
165	164		state as authorizing an audiologist or speech -language pathologist to 1
166	165		practice audiology or speech -language pathology, under a privilege to 2
167	166		practice, in each member state. 3
168	167		B. A state must implement or utilize procedures for considering the 4
169	168		criminal history records of applicants for initial privilege to practice. 5
170	169		These procedures shall include the submission of fingerprints or ot her 6
171	170		biometric-based information by applicants for the purpose of obtaining an 7
172	171		applicant’s criminal history record information from the Federal Bureau of 8
173	172		Investigation and the agency responsible for retaining that state’s criminal 9
174	173		records 10
175	174		1. A member state must fully implement a criminal background 11
176	175		check requirement, within a time frame established by rule, by receiving the 12
177	176		results of the Federal Bureau of Investigation record search on criminal 13
178	177		background checks and use the results in making licensure decisions. 14
179	178		2. Communication between a member state, the Commission and among 15
180	179		member states regarding the verification of eligibility for licensure through 16
181	180		the compact shall not include any information received from the Federal 17
182	181		Bureau of Investigation re lating to a federal criminal records check 18
183	182		performed by a member state under Public Law 92 -544. 19
184	183		C. Upon application for a privilege to practice, the licensing board in 20
185	184		the issuing remote state shall ascertain, through the data system, whether 21
186	185		the applicant has ever held, or is the holder of, a license issued by any 22
187	186		other state, whether there are any encumbrances on any license or privilege 23
188	187		to practice held by the applicant, whether any adverse action has been taken 24
189	188		against any license or privilege to pract ice held by the applicant. 25
190	189		D. Each member state shall require an applicant to obtain or retain a 26
191	190		license in the home state and meet the home state’s qualifications for 27
192	191		licensure or renewal of licensure, as well as, all other applicable state 28
193	192		laws. 29
194	193		E. For an audiologist: 30
195	194		1. Must meet one of the following educational requirements: 31
196	195		a. On or before, Dec. 31, 2007, has graduated with a 32
197	196		master’s degree or doctorate in audiology, or equivalent degree regardless of 33
198	197		degree name, from a program that is accredi ted by an accrediting agency 34
199	198		recognized by the Council for Higher Education Accreditation, or its 35
200	199		successor, or by the United States Department of Education and operated by a 36 As Engrossed: S3/2/23 SB91
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204	203
205	204		college or university accredited by a regional or national accrediting 1
206	205		organization recognized by the board; or 2
207	206		b. On or after, Jan. 1, 2008, has graduated with a doctoral 3
208	207		degree in audiology, or equivalent degree, regardless of degree name, from a 4
209	208		program that is accredited by an accrediting agency recognized by the Council 5
210	209		for Higher Education Accreditation, or its successor, or by the United States 6
211	210		Department of Education and operated by a college or university accredited by 7
212	211		a regional or national accrediting organization recognized by the board; or 8
213	212		c. Has graduated from an aud iology program that is housed 9
214	213		in an institution of higher education outside of the United States (a) for 10
215	214		which the program and institution have been approved by the authorized 11
216	215		accrediting body in the applicable country and (b) the degree program has 12
217	216		been verified by an independent credentials review agency to be comparable to 13
218	217		a state licensing board -approved program. 14
219	218		2. Has completed a supervised clinical practicum experience from 15
220	219		an accredited educational institution or its cooperating programs as requir ed 16
221	220		by the Commission; 17
222	221		3. Has successfully passed a national examination approved by the 18
223	222		Commission; 19
224	223		4. Holds an active, unencumbered license; 20
225	224		5. Has not been convicted or found guilty, and has not entered 21
226	225		into an agreed disposition, of a felony relat ed to the practice of audiology, 22
227	226		under applicable state or federal criminal law; 23
228	227		6. Has a valid United States Social Security or National 24
229	228		Practitioner Identification number. 25
230	229		F. For a speech-language pathologist: 26
231	230		1. Must meet one of the following educa tional requirements: 27
232	231		a. Has graduated with a master’s degree from a speech -28
233	232		language pathology program that is accredited by an organization recognized 29
234	233		by the United States Department of Education and operated by a college or 30
235	234		university accredited by a r egional or national accrediting organization 31
236	235		recognized by the board; or 32
237	236		b. Has graduated from a speech -language pathology program 33
238	237		that is housed in an institution of higher education outside of the United 34
239	238		States (a) for which the program and institutio n have been approved by the 35
240	239		authorized accrediting body in the applicable country and (b) the degree 36 As Engrossed: S3/2/23 SB91
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245	244		program has been verified by an independent credentials review agency to be 1
246	245		comparable to a state licensing board -approved program. 2
247	246		2. Has completed a su pervised clinical practicum experience from 3
248	247		an educational institution or its cooperating programs as required by the 4
249	248		Commission; 5
250	249		3. Has completed a supervised postgraduate professional 6
251	250		experience as required by the Commission 7
252	251		4. Has successfully passe d a national examination approved by the 8
253	252		Commission; 9
254	253		5. Holds an active, unencumbered license; 10
255	254		6. Has not been convicted or found guilty, and has not entered 11
256	255		into an agreed disposition, of a felony related to the practice of speech -12
257	256		language pathology, under applicable state or federal criminal law; 13
258	257		7. Has a valid United States Social Security or National 14
259	258		Practitioner Identification number. 15
260	259		G. The privilege to practice is derived from the home state license. 16
261	260		H. An audiologist or speech -language pathologist practicing in a member 17
262	261		state must comply with the state practice laws of the state in which the 18
263	262		client is located at the time service is provided. The practice of audiology 19
264	263		and speech-language pathology shall include all audiology and speech -language 20
265	264		pathology practice as defined by the state practice laws of the member state 21
266	265		in which the client is located. The practice of audiology and speech -language 22
267	266		pathology in a member state under a privilege to practice shall subject an 23
268	267		audiologist or speech -language pathologist to the jurisdiction of the 24
269	268		licensing board, the courts and the laws of the member state in which the 25
270	269		client is located at the time service is provided. 26
271	270		I. Individuals not residing in a member state shall continue to be able 27
272	271		to apply for a member state’s single -state license as provided under the laws 28
273	272		of each member state. However, the single -state license granted to these 29
274	273		individuals shall not be recognized as granting the privilege to practice 30
275	274		audiology or speech-language pathology in a ny other member state. Nothing in 31
276	275		this compact shall affect the requirements established by a member state for 32
277	276		the issuance of a single -state license. 33
278	277		J. Member states may charge a fee for granting a compact privilege. 34
279	278		K. Member states must comply with t he bylaws and rules and regulations 35
280	279		of the commission. 36 As Engrossed: S3/2/23 SB91
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285	284		1
286	285		SECTION 4. COMPACT PRIVILEGE 2
287	286		A. To exercise the compact privilege under the terms and provisions of 3
288	287		the compact, the audiologist or speech -language pathologist shall: 4
289	288		1. Hold an active license in the home state; 5
290	289		2. Have no encumbrance on any state license; 6
291	290		3. Be eligible for a compact privilege in any member state in 7
292	291		accordance with Section 3; 8
293	292		4. Have not had any adverse action against any license or compact 9
294	293		privilege within the previous 2 ye ars from date of application; 10
295	294		5. Notify the commission that the licensee is seeking the compact 11
296	295		privilege within a remote state(s); 12
297	296		6. Pay any applicable fees, including any state fee, for the 13
298	297		compact privilege; 14
299	298		7. Report to the commission adverse ac tion taken by any non -15
300	299		member state within 30 days from the date the adverse action is taken. 16
301	300		B. For the purposes of the compact privilege, an audiologist or speech -17
302	301		language pathologist shall only hold one home state license at a time. 18
303	302		C. Except as provided in Section 6, if an audiologist or speech -19
304	303		language pathologist changes primary state of residence by moving between 20
305	304		two-member states, the audiologist or speech -language pathologist must apply 21
306	305		for licensure in the new home state, and the license i ssued by the prior home 22
307	306		state shall be deactivated in accordance with applicable rules adopted by the 23
308	307		commission. 24
309	308		D. The audiologist or speech -language pathologist may apply for 25
310	309		licensure in advance of a change in primary state of residence. 26
311	310		E. A license shall not be issued by the new home state until the 27
312	311		audiologist or speech -language pathologist provides satisfactory evidence of 28
313	312		a change in primary state of residence to the new home state and satisfies 29
314	313		all applicable requirements to obtain a license fro m the new home state. 30
315	314		F. If an audiologist or speech -language pathologist changes primary 31
316	315		state of residence by moving from a member state to a non -member state, the 32
317	316		license issued by the prior home state shall convert to a single -state 33
318	317		license, valid only in the former home state. 34
319	318		G. The compact privilege is valid until the expiration date of the home 35
320	319		state license. The licensee must comply with the requirements of Section 4A 36 As Engrossed: S3/2/23 SB91
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325	324		to maintain the compact privilege in the remote state. 1
326	325		H. A licensee providing audiology or speech-language pathology services 2
327	326		in a remote state under the compact privilege shall function within the laws 3
328	327		and regulations of the remote state. 4
329	328		I. A licensee providing audiology or speech -language pathology services 5
330	329		in a remote state is subject to that state’s regulatory authority. A remote 6
331	330		state may, in accordance with due process and that state’s laws, remove a 7
332	331		licensee’s compact privilege in the remote state for a specific period of 8
333	332		time, impose fines, and/or take any other necessary actions to protect the 9
334	333		health and safety of its citizens. 10
335	334		J. If a home state license is encumbered, the licensee shall lose the 11
336	335		compact privilege in any remote state until the following occur: 12
337	336		1. The home state license is no longer encumbered; and 13
338	337		2. Two years have elapsed from the date of the adverse action. 14
339	338		K. Once an encumbered license in the home state is restored to good 15
340	339		standing, the licensee must meet the requirements of Section 4A to obtain a 16
341	340		compact privilege in any remote state. 17
342	341		L. Once the requirements of Section 4J have been met, the licensee must 18
343	342		meet the requirements in Section 4A to obtain a compact privilege in a remote 19
344	343		state. 20
345	344		21
346	345		SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 22
347	346		Member states shall recognize the right of an audiologist or speech-language 23
348	347		pathologist, licensed by a home state in accordance with Section 3 and under 24
349	348		rules promulgated by the commission, to practice audiology or speech -language 25
350	349		pathology in any member state via telehealth under a privilege to practice as 26
351	350		provided in the compact and rules promulgated by the commission. 27
352	351		28
353	352		SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 29
354	353		Active duty military personnel, or their spouse, shall designate a home state 30
355	354		where the individual has a current license in good stand ing. The individual 31
356	355		may retain the home state designation during the period the service member is 32
357	356		on active duty. Subsequent to designating a home state, the individual shall 33
358	357		only change their home state through application for licensure in the new 34
359	358		state. 35
360	359		36 As Engrossed: S3/2/23 SB91
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365	364		SECTION 7. ADVERSE ACTIONS 1
366	365		A. In addition to the other powers conferred by state law, a remote 2
367	366		state shall have the authority, in accordance with existing state due process 3
368	367		law, to: 4
369	368		1. Take adverse action against an audiologist’s or speech -5
370	369		language pathologist’s privilege to practice within that member state. 6
371	370		2. Issue subpoenas for both hearings and investigations that 7
372	371		require the attendance and testimony of witnesses as well as the production 8
373	372		of evidence. Subpoenas issued by a licensing board in a me mber state for the 9
374	373		attendance and testimony of witnesses or the production of evidence from 10
375	374		another member state shall be enforced in the latter state by any court of 11
376	375		competent jurisdiction, according to the practice and procedure of that court 12
377	376		applicable to subpoenas issued in proceedings pending before it. The issuing 13
378	377		authority shall pay any witness fees, travel expenses, mileage and other fees 14
379	378		required by the service statutes of the state in which the witnesses or 15
380	379		evidence are located. 16
381	380		3. Only the home state shall have the power to take adverse 17
382	381		action against a audiologist’s or speech -language pathologist’s license 18
383	382		issued by the home state. 19
384	383		B. For purposes of taking adverse action, the home state shall give the 20
385	384		same priority and effect to reported cond uct received from a member state as 21
386	385		it would if the conduct had occurred within the home state. In so doing, the 22
387	386		home state shall apply its own state laws to determine appropriate action. 23
388	387		C. The home state shall complete any pending investigations of an 24
389	388		audiologist or speech -language pathologist who changes primary state of 25
390	389		residence during the course of the investigations. The home state shall also 26
391	390		have the authority to take appropriate action(s) and shall promptly report 27
392	391		the conclusions of the investigat ions to the administrator of the data 28
393	392		system. The administrator of the coordinated licensure information system 29
394	393		shall promptly notify the new home state of any adverse actions. 30
395	394		D. If otherwise permitted by state law, the member state may recover 31
396	395		from the affected audiologist or speech -language pathologist the costs of 32
397	396		investigations and disposition of cases resulting from any adverse action 33
398	397		taken against that audiologist or speech -language pathologist. 34
399	398		E. The member state may take adverse action based on the factual 35
400	399		findings of the remote state, provided that the member state follows the 36 As Engrossed: S3/2/23 SB91
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405	404		member state's own procedures for taking the adverse action. 1
406	405		F. Joint Investigations 2
407	406		1. In addition to the authority granted to a member state by its 3
408	407		respective audiology or speech-language pathology practice act or other 4
409	408		applicable state law, any member state may participate with other member 5
410	409		states in joint investigations of licensees. 6
411	410		2. Member states shall share any investigative, litigation, or 7
412	411		compliance materials in furtherance of any joint or individual investigation 8
413	412		initiated under the compact. 9
414	413		G. If adverse action is taken by the home state against an 10
415	414		audiologist’s or speech language pathologist’s license, the audiologist’s or 11
416	415		speech-language pathologist’s pr ivilege to practice in all other member 12
417	416		states shall be deactivated until all encumbrances have been removed from the 13
418	417		state license. All home state disciplinary orders that impose adverse action 14
419	418		against an audiologist’s or speech language pathologist’s lic ense shall 15
420	419		include a statement that the audiologist’s or speech -language pathologist’s 16
421	420		privilege to practice is deactivated in all member states during the pendency 17
422	421		of the order. 18
423	422		H. If a member state takes adverse action, it shall promptly notify the 19
424	423		administrator of the data system. The administrator of the data system shall 20
425	424		promptly notify the home state of any adverse actions by remote states. 21
426	425		I. Nothing in this compact shall override a member state’s decision 22
427	426		that participation in an alternative progr am may be used in lieu of adverse 23
428	427		action. 24
429	428		25
430	429		SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH -LANGUAGE 26
431	430		PATHOLOGY COMPACT COMMISSION 27
432	431		A. The compact member states hereby create and establish a joint public 28
433	432		agency known as the audiology and speech -language pathology compact 29
434	433		commission: 30
435	434		1. The commission is an instrumentality of the compact states. 31
436	435		2. Venue is proper and judicial proceedings by or against the 32
437	436		commission shall be brought solely and exclusively in a court of competent 33
438	437		jurisdiction where th e principal office of the commission is located. The 34
439	438		commission may waive venue and jurisdictional defenses to the extent it 35
440	439		adopts or consents to participate in alternative dispute resolution 36 As Engrossed: S3/2/23 SB91
441	440
442	441		12 03-02-2023 09:13:21 JMB044
443	442
444	443
445	444		proceedings. 1
446	445		3. Nothing in this compact shall be construed to be a waiver of 2
447	446		sovereign immunity. 3
448	447		B. Membership, voting and meetings 4
449	448		1. Each member state shall have two (2) delegates selected by 5
450	449		that member state’s licensing board. The delegates shall be current members 6
451	450		of the licensing board. One shall be an audi ologist and one shall be a 7
452	451		speech-language pathologist. 8
453	452		2. An additional five (5) delegates, who are either a public 9
454	453		member or board administrator from a state licensing board, shall be chosen 10
455	454		by the executive committee from a pool of nominees provided b y the commission 11
456	455		at large. 12
457	456		3. Any delegate may be removed or suspended from office as 13
458	457		provided by the law of the state from which the delegate is appointed. 14
459	458		4. The member state board shall fill any vacancy occurring on the 15
460	459		commission, within 90 days. 16
461	460		5. Each delegate shall be entitled to one (1) vote with regard to 17
462	461		the promulgation of rules and creation of bylaws and shall otherwise have an 18
463	462		opportunity to participate in the business and affairs of the commission. 19
464	463		6. A delegate shall vote in person or by other means as provided 20
465	464		in the bylaws. The bylaws may provide for delegates’ participation in 21
466	465		meetings by telephone or other means of communication. 22
467	466		7. The commission shall meet at least once during each calendar 23
468	467		year. Additional meetings shall be held as set forth in the bylaws. 24
469	468		C. The commission shall have the following powers and duties: 25
470	469		1. Establish the fiscal year of the commission; 26
471	470		2. Establish bylaws; 27
472	471		3. Establish a Code of Ethics; 28
473	472		4. Maintain its financial records in accordance with the bylaws; 29
474	473		5. Meet and take actions as are consistent with the provisions of 30
475	474		this compact and the bylaws; 31
476	475		6. Promulgate uniform rules to facilitate and coordinate 32
477	476		implementation and administration of this compact. The rules shall have the 33
478	477		force and effect of law and shall be binding in all member states; 34
479	478		7. Bring and prosecute legal proceedings or actions in the name 35
480	479		of the commission, provided that the standing of any state audiology or 36 As Engrossed: S3/2/23 SB91
481	480
482	481		13 03-02-2023 09:13:21 JMB044
483	482
484	483
485	484		speech-language pathology licensing board to sue or be sued un der applicable 1
486	485		law shall not be affected; 2
487	486		8. Purchase and maintain insurance and bonds; 3
488	487		9. Borrow, accept, or contract for services of personnel, 4
489	488		including, but not limited to, employees of a member state; 5
490	489		10. Hire employees, elect or appoint officers, fix compensation, 6
491	490		define duties, grant individuals appropriate authority to carry out the 7
492	491		purposes of the compact, and to establish the commission’s personnel policies 8
493	492		and programs relating to conflicts of interest, qualifications of personnel, 9
494	493		and other related personnel matters; 10
495	494		11. Accept any and all appropriate donations and grants of money, 11
496	495		equipment, supplies, materials and services, and to receive, utilize and 12
497	496		dispose of the same; provided that at all times the commission shall avoid 13
498	497		any appearance of impropriety and/or conflict of interest; 14
499	498		12. Lease, purchase, accept appropriate gifts or donations of, or 15
500	499		otherwise to own, hold, improve or use, any property, real, personal or 16
501	500		mixed; provided that at all times the commission shall avoid any appearance 17
502	501		of impropriety; 18
503	502		13. Sell convey, mortgage, pledge, lease, exchange, abandon, or 19
504	503		otherwise dispose of any property real, personal, or mixed; 20
505	504		14. Establish a budget and make expenditures; 21
506	505		15. Borrow money; 22
507	506		16. Appoint committees, inclu ding standing committees composed of 23
508	507		members, and other interested persons as may be designated in this compact 24
509	508		and the bylaws; 25
510	509		17. Provide and receive information from, and cooperate with, law 26
511	510		enforcement agencies; 27
512	511		18. Establish and elect an executive committee; and 28
513	512		19. Perform other functions as may be necessary or appropriate to 29
514	513		achieve the purposes of this Compact consistent with the state regulation of 30
515	514		audiology and speech -language pathology licensure and practice. 31
516	515		D. The Executive committee 32
517	516		The executive committee shall have the power to act on behalf of the 33
518	517		commission according to the terms of this compact: 34
519	518		1. The Executive Committee shall be composed of ten (10) members: 35
520	519		a. Seven (7) voting members who are elected by the 36 As Engrossed: S3/2/23 SB91
521	520
522	521		14 03-02-2023 09:13:21 JMB044
523	522
524	523
525	524		commission from the current membership of the commission; 1
526	525		b. Two (2) ex-officios, consisting of one nonvoting member 2
527	526		from a recognized national audiology professional association and one 3
528	527		nonvoting member from a recognized national speech -language pathology 4
529	528		association; and 5
530	529		c. One (1) ex-officio, nonvoting member from the recognized 6
531	530		membership organization of the audiology and speech -language pathology 7
532	531		licensing boards. 8
533	532		E. The ex-officio members shall be selected by their respective 9
534	533		organizations. 10
535	534		1. The commission may remove any member of the executive 11
536	535		committee as provided in bylaws. 12
537	536		2. The executive committee shall meet at least annually. 13
538	537		3. The executive committee shall have the following duties and 14
539	538		responsibilities: 15
540	539		a. Recommend to the entire commission changes to the rules 16
541	540		or bylaws, changes to this compact legislation, fees paid by compact member 17
542	541		states such as annual dues, and any commission compact fee charged to 18
543	542		licensees for the compact privilege; 19
544	543		b. Ensure compact administration services are app ropriately 20
545	544		provided, contractual or otherwise; 21
546	545		c. Prepare and recommend the budget; 22
547	546		d. Maintain financial records on behalf of the commission; 23
548	547		e. Monitor compact compliance of member states and provide 24
549	548		compliance reports to the commission; 25
550	549		f. Establish additional committees as necessary; and 26
551	550		g. Other duties as provided in rules or bylaws. 27
552	551		4. Meetings of the commission 28
553	552		All meetings shall be open to the public, and public notice of meetings 29
554	553		shall be given in the same manner as required under the rulemaking provisions 30
555	554		in Section 10. 31
556	555		5. The commission or the executive committee or other committees 32
557	556		of the commission may convene in a closed, non -public meeting if the 33
558	557		commission or executive committee or other committees of the commission must 34
559	558		discuss: 35
560	559		a. Non-compliance of a member state with its obligations 36 As Engrossed: S3/2/23 SB91
561	560
562	561		15 03-02-2023 09:13:21 JMB044
563	562
564	563
565	564		under the compact; 1
566	565		b. The employment, compensation, discipline or other 2
567	566		matters, practices or procedures related to specific employees or other 3
568	567		matters related to the commission’s inter nal personnel practices and 4
569	568		procedures; 5
570	569		c. Current, threatened, or reasonably anticipated 6
571	570		litigation; 7
572	571		d. Negotiation of contracts for the purchase, lease, or 8
573	572		sale of goods, services, or real estate; 9
574	573		e. Accusing any person of a crime or formally ce nsuring any 10
575	574		person; 11
576	575		f. Disclosure of trade secrets or commercial or financial 12
577	576		information that is privileged or confidential; 13
578	577		g. Disclosure of information of a personal nature where 14
579	578		disclosure would constitute a clearly unwarranted invasion of person al 15
580	579		privacy; 16
581	580		h. Disclosure of investigative records compiled for law 17
582	581		enforcement purposes; 18
583	582		i. Disclosure of information related to any investigative 19
584	583		reports prepared by or on behalf of or for use of the commission or other 20
585	584		committee charged with respo nsibility of investigation or determination of 21
586	585		compliance issues pursuant to the compact; or 22
587	586		j. Matters specifically exempted from disclosure by federal 23
588	587		or member state statute. 24
589	588		6. If a meeting, or portion of a meeting, is closed pursuant to 25
590	589		this provision, the commission’s legal counsel or designee shall certify that 26
591	590		the meeting may be closed and shall reference each relevant exempting 27
592	591		provision. 28
593	592		7. The commission shall keep minutes that fully and clearly 29
594	593		describe all matters discussed in a meeting and shall provide a full and 30
595	594		accurate summary of actions taken, and the reasons therefore, including a 31
596	595		description of the views expressed. All documents considered in connection 32
597	596		with an action shall be identified in minutes. All minutes and documents of a 33
598	597		closed meeting shall remain under seal, subject to release by a majority vote 34
599	598		of the commission or order of a court of competent jurisdiction. 35
600	599		8. Financing of the commission 36 As Engrossed: S3/2/23 SB91
601	600
602	601		16 03-02-2023 09:13:21 JMB044
603	602
604	603
605	604		a. The commission shall pay, or provide for the payment of, 1
606	605		the reasonable expenses of its establishment, organization, and ongoing 2
607	606		activities. 3
608	607		b. The commission may accept any and all appropriate 4
609	608		revenue sources, donations, and grants of money, equipment, supplies, 5
610	609		materials, and services. 6
611	610		c. The commission may levy on and collect an annual 7
612	611		assessment from each member state or impose fees on other parties to cover 8
613	612		the cost of the operations and activities of the commission and its staff, 9
614	613		which must be in a total amount sufficient to cover its annual budget as 10
615	614		approved each year for which revenue is not provided by other sources. The 11
616	615		aggregate annual assessment amount shall be allocated based upon a formula to 12
617	616		be determined by the commission, which shall promulgate a rule binding upon 13
618	617		all member states. 14
619	618		9. The commission shall not incur obligations of any kind prior 15
620	619		to securing the funds adequate to meet the same; nor shall the commission 16
621	620		pledge the credit of any of the member states, except by and with the 17
622	621		authority of the member state. 18
623	622		10. The commission shall keep acc urate accounts of all receipts 19
624	623		and disbursements. The receipts and disbursements of the commission shall be 20
625	624		subject to the audit and accounting procedures established under its bylaws. 21
626	625		However, all receipts and disbursements of funds handled by the commiss ion 22
627	626		shall be audited yearly by a certified or licensed public accountant, and the 23
628	627		report of the audit shall be included in and become part of the annual report 24
629	628		of the commission. 25
630	629		F. Qualified immunity, defense, and indemnification 26
631	630		1. The members, office rs, executive director, employees and 27
632	631		representatives of the commission shall be immune from suit and liability, 28
633	632		either personally or in their official capacity, for any claim for damage to 29
634	633		or loss of property or personal injury or other civil liability ca used by or 30
635	634		arising out of any actual or alleged act, error or omission that occurred, or 31
636	635		that the person against whom the claim is made had a reasonable basis for 32
637	636		believing occurred within the scope of commission employment, duties or 33
638	637		responsibilities; pro vided that nothing in this paragraph shall be construed 34
639	638		to protect any person from suit and/or liability for any damage, loss, 35
640	639		injury, or liability caused by the intentional or willful or wanton 36 As Engrossed: S3/2/23 SB91
641	640
642	641		17 03-02-2023 09:13:21 JMB044
643	642
644	643
645	644		misconduct of that person. 1
646	645		2. The commission shall defend a ny member, officer, executive 2
647	646		director, employee or representative of the commission in any civil action 3
648	647		seeking to impose liability arising out of any actual or alleged act, error, 4
649	648		or omission that occurred within the scope of commission employment, dutie s, 5
650	649		or responsibilities, or that the person against whom the claim is made had a 6
651	650		reasonable basis for believing occurred within the scope of commission 7
652	651		employment, duties, or responsibilities; provided that nothing herein shall 8
653	652		be construed to prohibit that person from retaining his or her own counsel; 9
654	653		and provided further, that the actual or alleged act, error, or omission did 10
655	654		not result from that person’s intentional or willful or wanton misconduct. 11
656	655		3. The commission shall indemnify and hold harmless any member, 12
657	656		officer, executive director, employee, or representative of the commission 13
658	657		for the amount of any settlement or judgment obtained against that person 14
659	658		arising out of any actual or alleged act, error or omission that occurred 15
660	659		within the scope of comm ission employment, duties, or responsibilities, or 16
661	660		that person had a reasonable basis for believing occurred within the scope of 17
662	661		commission employment, duties, or responsibilities, provided that the actual 18
663	662		or alleged act, error, or omission did not result from the intentional or 19
664	663		willful or wanton misconduct of that person. 20
665	664		21
666	665		SECTION 9. DATA SYSTEM 22
667	666		A. The commission shall provide for the development, maintenance, and 23
668	667		utilization of a coordinated database and reporting system containing 24
669	668		licensure, adverse act ion, and investigative information on all licensed 25
670	669		individuals in member states. 26
671	670		B. Notwithstanding any other provision of state law to the contrary, a 27
672	671		member state shall submit a uniform data set to the data system on all 28
673	672		individuals to whom this compact is applicable as required by the rules of 29
674	673		the commission, including: 30
675	674		1. Identifying information; 31
676	675		2. Licensure data; 32
677	676		3. Adverse actions against a license or compact privilege; 33
678	677		4. Non-confidential information related to alternative program 34
679	678		participation; 35
680	679		5. Any denial of application for licensure, and the reason(s) for 36 As Engrossed: S3/2/23 SB91
681	680
682	681		18 03-02-2023 09:13:21 JMB044
683	682
684	683
685	684		denial; and 1
686	685		6. Other information that may facilitate the administration of 2
687	686		this compact, as determined by the rules of the commission. 3
688	687		C. Investigative information pertaining to a licensee in any member 4
689	688		state shall only be available to other member states. 5
690	689		D. The commission shall promptly notify all member states of any 6
691	690		adverse action taken against a licensee or an individual applying for a 7
692	691		license. Adverse action information pert aining to a licensee in any member 8
693	692		state shall be available to any other member state. 9
694	693		E. Member states contributing information to the data system may 10
695	694		designate information that may not be shared with the public without the 11
696	695		express permission of the cont ributing state. 12
697	696		F. Any information submitted to the data system that is subsequently 13
698	697		required to be expunged by the laws of the member state contributing the 14
699	698		information shall be removed from the data system. 15
700	699		16
701	700		SECTION 10. RULEMAKING 17
702	701		A. The commission sha ll exercise its rulemaking powers pursuant to the 18
703	702		criteria set forth in this section and the rules adopted thereunder. Rules 19
704	703		and amendments shall become binding as of the date specified in each rule or 20
705	704		amendment. 21
706	705		B. If a majority of the legislatures of th e member states rejects a 22
707	706		rule, by enactment of a statute or resolution in the same manner used to 23
708	707		adopt the compact within 4 years of the date of adoption of the rule, the 24
709	708		rule shall have no further force and effect in any member state. 25
710	709		C. Rules or amendments to the rules shall be adopted at a regular or 26
711	710		special meeting of the commission. 27
712	711		D. Prior to promulgation and adoption of a final rule or rules by the 28
713	712		commission, and at least thirty (30) days in advance of the meeting at which 29
714	713		the rule shall be con sidered and voted upon, the commission shall file a 30
715	714		notice of proposed rulemaking: 31
716	715		1. On the website of the commission or other publicly accessible 32
717	716		platform; and 33
718	717		2. On the website of each member state audiology or speech -34
719	718		language pathology licensing bo ard or other publicly accessible platform or 35
720	719		the publication in which each state would otherwise publish proposed rules. 36 As Engrossed: S3/2/23 SB91
721	720
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723	722
724	723
725	724		E. The notice of proposed rulemaking shall include: 1
726	725		1. The proposed time, date, and location of the meeting in which 2
727	726		the rule shall be considered and voted upon; 3
728	727		2. The text of the proposed rule or amendment and the reason for 4
729	728		the proposed rule; 5
730	729		3. A request for comments on the proposed rule from any 6
731	730		interested person; and 7
732	731		4. The manner in which interested persons may submit noti ce to 8
733	732		the commission of their intention to attend the public hearing and any 9
734	733		written comments. 10
735	734		F. Prior to the adoption of a proposed rule, the commission shall allow 11
736	735		persons to submit written data, facts, opinions and arguments, which shall be 12
737	736		made available to the public. 13
738	737		G. The commission shall grant an opportunity for a public hearing 14
739	738		before it adopts a rule or amendment if a hearing is requested by: 15
740	739		1. At least twenty-five (25) persons; 16
741	740		2. A state or federal governmental subdivision or agency; or 17
742	741		3. An association having at least twenty -five (25) members. 18
743	742		H. If a hearing is held on the proposed rule or amendment, the 19
744	743		commission shall publish the place, time, and date of the scheduled public 20
745	744		hearing. If the hearing is held via electronic means, the commission shall 21
746	745		publish the mechanism for access to the electronic hearing. 22
747	746		1. All persons wishing to be heard at the hearing shall notify 23
748	747		the executive director of the Commission or other designated member in 24
749	748		writing of their desire to appear and t estify at the hearing not less than 25
750	749		five (5) business days before the scheduled date of the hearing. 26
751	750		2. Hearings shall be conducted in a manner providing each person 27
752	751		who wishes to comment a fair and reasonable opportunity to comment orally or 28
753	752		in writing. 29
754	753		3. All hearings shall be recorded. A copy of the recording shall 30
755	754		be made available on request. 31
756	755		4. Nothing in this section shall be construed as requiring a 32
757	756		separate hearing on each rule. Rules may be grouped for the convenience of 33
758	757		the commission at he arings required by this section. 34
759	758		I. Following the scheduled hearing date, or by the close of business on 35
760	759		the scheduled hearing date if the hearing was not held, the commission shall 36 As Engrossed: S3/2/23 SB91
761	760
762	761		20 03-02-2023 09:13:21 JMB044
763	762
764	763
765	764		consider all written and oral comments received. 1
766	765		J. If no written notice of intent to attend the public hearing by 2
767	766		interested parties is received, the commission may proceed with promulgation 3
768	767		of the proposed rule without a public hearing. 4
769	768		K. The commission shall, by majority vote of all members, take final 5
770	769		action on the proposed rule and shall determine the effective date of the 6
771	770		rule, if any, based on the rulemaking record and the full text of the rule. 7
772	771		L. Upon determination that an emergency exists, the commission may 8
773	772		consider and adopt an emergency rule without prior notice , opportunity for 9
774	773		comment, or hearing, provided that the usual rulemaking procedures provided 10
775	774		in the compact and in this section shall be retroactively applied to the rule 11
776	775		as soon as reasonably possible, in no event later than ninety (90) days after 12
777	776		the effective date of the rule. For the purposes of this provision, an 13
778	777		emergency rule is one that must be adopted immediately in order to: 14
779	778		1. Meet an imminent threat to public health, safety, or welfare; 15
780	779		2. Prevent a loss of commission or member state funds; or 16
781	780		3. Meet a deadline for the promulgation of an administrative rule 17
782	781		that is established by federal law or rule. 18
783	782		M. The commission or an authorized committee of the commission may 19
784	783		direct revisions to a previously adopted rule or amendment for purposes of 20
785	784		correcting typographical errors, errors in format, errors in consistency, or 21
786	785		grammatical errors. Public notice of any revisions shall be posted on the 22
787	786		website of the commission. The revision shall be subject to challenge by any 23
788	787		person for a period of th irty (30) days after posting. The revision may be 24
789	788		challenged only on grounds that the revision results in a material change to 25
790	789		a rule. A challenge shall be made in writing and delivered to the chair of 26
791	790		the commission prior to the end of the notice period. If no challenge is 27
792	791		made, the revision shall take effect without further action. If the revision 28
793	792		is challenged, the revision may not take effect without the approval of the 29
794	793		commission. 30
795	794		31
796	795		SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 32
797	796		A. Dispute resolution 33
798	797		1. Upon request by a member state, the commission shall attempt 34
799	798		to resolve disputes related to the compact that arise among member states and 35
800	799		between member and non -member states. 36 As Engrossed: S3/2/23 SB91
801	800
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803	802
804	803
805	804		2. The commission shall promulgate a rule providing for both 1
806	805		mediation and binding dispute resolution for disputes as appropriate. 2
807	806		B. Enforcement 3
808	807		1. The commission, in the reasonable exercise of its discretion, 4
809	808		shall enforce the provisions and rules of this compact. 5
810	809		2. By majority vote, the commission may initiate legal action in 6
811	810		the United States District Court for the District of Columbia or the federal 7
812	811		district where the commission has its principal offices against a member 8
813	812		state in default to enforce compliance with the provisions of the compact and 9
814	813		its promulgated rules and bylaws. The relief sought may include both 10
815	814		injunctive relief and damages. In the event judicial enforcement is 11
816	815		necessary, the prevailing member shall be awarded all costs of litigation, 12
817	816		including reasonable attorney’s fees. 13
818	817		3. The remedies herein shall not be the exclusive remedies of the 14
819	818		commission. The commission may pursue any other remedies available under 15
820	819		federal or state law. 16
821	820		17
822	821		SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR 18
823	822		AUDIOLOGY AND SPEECH -LANGUAGE PATHOLOGY PRACTICE AND ASSOCIATED 19
824	823		RULES, WITHDRAWAL, AND AMENDMENT 20
825	824		A. The compact shall come into effect on the date on which the compact 21
826	825		statute is enacted into law in the 10th member state. The provisions, which 22
827	826		become effective at that time, shall be limi ted to the powers granted to the 23
828	827		commission relating to assembly and the promulgation of rules. Thereafter, 24
829	828		the commission shall meet and exercise rulemaking powers necessary to the 25
830	829		implementation and administration of the compact. 26
831	830		B. Any state that joins the compact subsequent to the commission’s 27
832	831		initial adoption of the rules shall be subject to the rules as they exist on 28
833	832		the date on which the compact becomes law in that state. Any rule that has 29
834	833		been previously adopted by the commission shall have the ful l force and 30
835	834		effect of law on the day the compact becomes law in that state. 31
836	835		C. Any member state may withdraw from this compact by enacting a 32
837	836		statute repealing the same. 33
838	837		1. A member state’s withdrawal shall not take effect until six 34
839	838		(6) months after enac tment of the repealing statute. 35
840	839		2. Withdrawal shall not affect the continuing requirement of the 36 As Engrossed: S3/2/23 SB91
841	840
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843	842
844	843
845	844		withdrawing state’s audiology or speech -language pathology licensing board to 1
846	845		comply with the investigative and adverse action reporting requirements of 2
847	846		this act prior to the effective date of withdrawal. 3
848	847		D. Nothing contained in this compact shall be construed to invalidate 4
849	848		or prevent any audiology or speech -language pathology licensure agreement or 5
850	849		other cooperative arrangement between a member state and a n on-member state 6
851	850		that does not conflict with the provisions of this compact. 7
852	851		E. This compact may be amended by the member states. No amendment to 8
853	852		this compact shall become effective and binding upon any member state until 9
854	853		it is enacted into the laws of all member states. 10
855	854		11
856	855		SECTION 13. CONSTRUCTION AND SEVERABILITY 12
857	856		This compact shall be liberally construed so as to effectuate the 13
858	857		purposes thereof. The provisions of this compact shall be severable and if 14
859	858		any phrase, clause, sentence or provision of this compa ct is declared to be 15
860	859		contrary to the constitution of any member state or of the United States or 16
861	860		the applicability thereof to any government, agency, person or circumstance 17
862	861		is held invalid, the validity of the remainder of this compact and the 18
863	862		applicability thereof to any government, agency, person or circumstance shall 19
864	863		not be affected thereby. If this compact shall be held contrary to the 20
865	864		constitution of any member state, the compact shall remain in full force and 21
866	865		effect as to the remaining member states a nd in full force and effect as to 22
867	866		the member state affected as to all severable matters. 23
868	867		24
869	868		SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS 25
870	869		A. Nothing herein prevents the enforcement of any other law of a member 26
871	870		state that is not inconsistent with the compact. 27
872	871		B. All laws in a member state in conflict with the compact are 28
873	872		superseded to the extent of the conflict. 29
874	873		C. All lawful actions of the commission, including all rules and bylaws 30
875	874		promulgated by the commission, are binding upon the member states. 31
876	875		D. All agreements between the commission and the member states are 32
877	876		binding in accordance with their terms. 33
878	877		E. In the event any provision of the compact exceeds the constitutional 34
879	878		limits imposed on the legislature of any member state, the provision shall b e 35
880	879		ineffective to the extent of the conflict with the constitutional provision 36 As Engrossed: S3/2/23 SB91
881	880
882	881		23 03-02-2023 09:13:21 JMB044
883	882
884	883
885	884		in question in that member state. 1
886	885		2
887	886		17-100-402. Administration of compact — Rules. 3
888	887		(a) The Board of Examiners in Speech -Language Pathology and Audiology 4
889	888		is the Audiology and Speech-Language Pathology Interstate Compact 5
890	889		administrator for this state. 6
891	890		(b) The board may adopt rules that are consistent with the Audiology 7
892	891		and Speech-Language Pathology Interstate Compact necessary to implement this 8
893	892		subchapter. 9
894	893		(c) The board is no t required to adopt the rules of the Audiology and 10
895	894		Speech-Language Pathology Interstate Compact Commission for those rules to be 11
896	895		effective in this state. 12
897	896		(d) For the purposes of the member state’s ability to reject a rule 13
898	897		under Section 10(B) of the Audio logy and Speech-Language Pathology Interstate 14
899	898		Compact, Arkansas delegates its authority in this provision to the General 15
900	899		Assembly or the Legislative Council. 16
901	900		17
902	901		SECTION 2. Arkansas Code § 17 -100-302(b), concerning the eligibility 18
903	902		criteria for licensure as a speech-language pathologist or audiologist, is 19
904	903		amended to read as follows: 20
905	904		(b) To be eligible for licensure by the board as a speech -language 21
906	905		pathologist or audiologist, a person shall: 22
907	906		(1) Possess at least a master's degree in the area of speech -23
908	907		language pathology or a master's degree in audiology obtained on or before 24
909	908		December 30, 2006, or a doctoral degree obtained after January 1, 2007, from 25
910	909		an educational institution recognized by the board; 26
911	910		(2) Submit evidence of the completion of the educat ional, 27
912	911		clinical experience, and employment requirements, which shall be based on 28
913	912		appropriate national standards and prescribed by the rules adopted under this 29
914	913		chapter; and 30
915	914		(3) Apply for a criminal background check and meet the 31
916	915		qualifications for issuance of a license under § 17 -100-309 if he or she 32
917	916		affirmatively indicates that he or she intends to participate in the 33
918	917		Audiology and Speech -Language Pathology Interstate Compact; and 34
919	918		(4) Pass an examination approved by the board before the board 35
920	919		approves a license. 36 As Engrossed: S3/2/23 SB91
921	920
922	921		24 03-02-2023 09:13:21 JMB044
923	922
924	923
925	924		1
926	925		SECTION 3. Arkansas Code § 17 -100-305, concerning annual renewals for 2
927	926		speech-language pathologists and audiologists, is amended to add an 3
928	927		additional subsection to read as follows: 4
929	928		(f) If a person affirmatively indicates on his or her renewal that he 5
930	929		or she intends to participate in the Audiology and Speech -Language Pathology 6
931	930		Interstate Compact, then he or she shall apply for a criminal background 7
932	931		check and meet the qualifications for issuance of a license under § 17 -100-8
933	932		309. 9
934	933		10
935	934		SECTION 4. Arkansas Code Title 17, Chapter 100, Subchapter 3, is 11
936	935		amended to add an additional section to read as follows: 12
937	936		17-100-309. Criminal background checks. 13
938	937		(a) Each applicant or licensee for a license issued by the Board of 14
939	938		Examiners in Speech-Language Pathology and Audiology under the Audiology and 15
940	939		Speech-Language Pathology Interstate Compact is required to apply for a state 16
941	940		and national criminal background check, to be conducted by the Identification 17
942	941		Bureau of the Division of Arkansas State Police and the Federal Bureau of 18
943	942		Investigation. 19
944	943		(b) The criminal background check shall conform to the applicable 20
945	944		federal standards and shall include the taking of fingerprints. 21
946	945		(c) The applicant or licensee shall sign a release of information to 22
947	946		the board and shall be responsible for the payment of any fee associated with 23
948	947		the criminal background check. 24
949	948		(d) Upon completion of the criminal background check, the 25
950	949		Identification Bureau of the Division of Arkansas State Police shall forward 26
951	950		to the board all releasab le information obtained concerning the applicant or 27
952	951		licensee. 28
953	952		(e) For purposes of this section, the board shall follow the licensing 29
954	953		restrictions based on criminal records under § 17 -3-102. 30
955	954		(f)(1) Information received by the board from the Identificati on 31
956	955		Bureau of the Division of Arkansas State Police under this section shall not 32
957	956		be available for examination except by the affected applicant or licensee for 33
958	957		licensure or his or her authorized representative or the person whose license 34
959	958		is subject to revoca tion or his or her authorized representative. 35
960	959		(2) A record, file, or document shall not be removed from the 36 As Engrossed: S3/2/23 SB91
961	960
962	961		25 03-02-2023 09:13:21 JMB044
963	962
964	963
965	964		custody of the division. 1
966	965		(g) Information made available to the affected applicant or licensee 2
967	966		for licensure or the person whose license is subj ect to revocation shall be 3
968	967		information pertaining to that person only. 4
969	968		(h) Rights of privilege and confidentiality established in this 5
970	969		section do not extend to any document created for purposes other than the 6
971	970		criminal background check under the Audiology and Speech-Language Pathology 7
972	971		Interstate Compact. 8
973	972		(i) The board shall adopt the necessary rules to fully implement the 9
974	973		provisions of this section . 10
975	974		11
976	975		/s/K. Hammer 12
977	976		13
978	977		14
979		-	~~APPROVED: 3/16/23~~ 15
	978	+	15
980	979		16
981	980		17
982	981		18
983	982		19
984	983		20
985	984		21
986	985		22
987	986		23
988	987		24
989	988		25
990	989		26
991	990		27
992	991		28
993	992		29
994	993		30
995	994		31
996	995		32
997	996		33
998	997		34
999	998		35
1000	999		36