Stricken language would be deleted from and underlined language would be added to present law.
Act 301 of the Regular Session
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State of Arkansas As Engrossed: S3/2/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 91 3
4
By: Senators K. Hammer, J. Boyd, F. Love 5
By: Representatives C. Fite, L. Johnson, Pilkington, Eubanks, D. Garner 6
7
For An Act To Be Entitled 8
AN ACT TO ESTABLISH THE AUDIOLOGY AND SP EECH-LANGUAGE 9
PATHOLOGY INTERSTATE COMPACT IN ARKANSAS; AND FOR 10
OTHER PURPOSES. 11
12
13
Subtitle 14
TO ESTABLISH THE AUDIOLOGY AND SPEECH -15
LANGUAGE PATHOLOGY INTERSTATE COMPACT IN 16
ARKANSAS. 17
18
19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20
21
SECTION 1. Arkansas Code Title 17, Chapter 100, is amended to add an 22
additional subchapter to read as follows: 23
Subchapter 4 — Audiology and Speech -Language Pathology Interstate Compact 24
25
17-100-401. Text of compact. 26
The Audiology and Speech -Language Pathology Interstate Compact is 27
enacted into law and entered into by this state with all states le gally 28
joining therein and in the form substantially as follows: 29
30
Audiology and Speech -Language Pathology Interstate Compact 31
32
SECTION 1: PURPOSE 33
The purpose of this Compact is to facilitate interstate practice of audiology 34
and speech-language pathology with the goal of improving public access to 35
audiology and speech -language pathology services. The practice of audiology 36 As Engrossed: S3/2/23 SB91
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and speech-language pathology occurs in the state where the 1
patient/client/student is located at the time of the patient/client/student 2
encounter. The Compact preserves the regulatory authority of states to 3
protect public health and safety through the current system of state 4
licensure. This Compact is designed to achieve the following objectives: 5
1. Increase public access to audiology and sp eech-language 6
pathology services by providing for the mutual recognition of other member 7
state licenses; 8
2. Enhance the states’ ability to protect the public’s health and 9
safety; 10
3. Encourage the cooperation of member states in regulating 11
multistate audiology and speech-language pathology practice; 12
4. Support spouses of relocating active duty military personnel; 13
5. Enhance the exchange of licensure, investigative and 14
disciplinary information between member states; 15
6. Allow a remote state to hold a provider of services with a 16
compact privilege in that state accountable to that state’s practice 17
standards; and 18
7. Allow for the use of telehealth technology to facilitate 19
increased access to audiology and speech -language pathology services. 20
21
SECTION 2: DEFINITIONS 22
As used in this Compact, and except as otherwise provided, the 23
following definitions shall apply: 24
A. “Active duty military” means full -time duty status in the active 25
uniformed service of the United States, including members of the National 26
Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapter 1209 27
and 1211. 28
B. “Adverse action” means any administrative, civil, equitable or 29
criminal action permitted by a state’s laws which is imposed by a licensing 30
board or other authority aga inst an audiologist or speech -language 31
pathologist, including actions against an individual’s license or privilege 32
to practice such as revocation, suspension, probation, monitoring of the 33
licensee, or restriction on the licensee’s practice. 34
C. “Alternative program” means a non -disciplinary monitoring process 35
approved by an audiology or speech -language pathology licensing board to 36 As Engrossed: S3/2/23 SB91
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address impaired practitioners. 1
D. “Audiologist” means an individual who is licensed by a state to 2
practice audiology. 3
E. “Audiology” means the care and services provided by a licensed 4
audiologist as set forth in the member state’s statutes and rules. 5
F. “Audiology and Speech -Language Pathology Compact Commission” or 6
“Commission” means the national administrative body whose memb ership consists 7
of all states that have enacted the Compact. 8
G. “Audiology and speech -language pathology licensing board,” 9
“audiology licensing board,” “speech -language pathology licensing board,” or 10
“licensing board” means the agency of a state that is r esponsible for the 11
licensing and regulation of audiologists and/or speech -language pathologists. 12
H. “Compact privilege” means the authorization granted by a remote 13
state to allow a licensee from another member state to practice as an 14
audiologist or speech -language pathologist in the remote state under its laws 15
and rules. The practice of audiology or speech -language pathology occurs in 16
the member state where the patient/client/student is located at the time of 17
the patient/client/student encounter. 18
I. “Current significant investigative information” means investigative 19
information that a licensing board, after an inquiry or investigation that 20
includes notification and an opportunity for the audiologist or speech -21
language pathologist to respond, if required by state law, has reason to 22
believe is not groundless and, if proved true, would indicate more than a 23
minor infraction. 24
J. “Data system” means a repository of information about licensees, 25
including, but not limited to, continuing education, examination, lic ensure, 26
investigative, compact privilege and adverse action. 27
K. “Encumbered license” means a license in which an adverse action 28
restricts the practice of audiology or speech -language pathology by the 29
licensee and said adverse action has been reported to t he National 30
Practitioners Data Bank (NPDB). 31
L. “Executive Committee” means a group of directors elected or 32
appointed to act on behalf of, and within the powers granted to them by, the 33
Commission. 34
M. “Home state” means the member state that is the license e’s primary 35
state of residence. 36 As Engrossed: S3/2/23 SB91
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N. “Impaired practitioner” means individuals whose professional 1
practice is adversely affected by substance abuse, addiction, or other 2
health-related conditions. 3
O. “Licensee” means an individual who currently holds an aut horization 4
from the state licensing board to practice as an audiologist or speech -5
language pathologist. 6
P. “Member state” means a state that has enacted the Compact. 7
Q. “Privilege to practice” means a legal authorization permitting the 8
practice of audiology or speech-language pathology in a remote state. 9
R. “Remote state” means a member state other than the home state where 10
a licensee is exercising or seeking to exercise the compact privilege. 11
S. “Rule” means a regulation, principle or directive promulg ated by the 12
Commission that has the force of law. 13
T. “Single-state license” means an audiology or speech -language 14
pathology license issued by a member state that authorizes practice only 15
within the issuing state and does not include a privilege to practic e in any 16
other member state. 17
U. “Speech-language pathologist” means an individual who is licensed by 18
a state to practice speech -language pathology. 19
V. “Speech-language pathology means the care and services provided by a 20
licensed speech-language pathologist as set forth in the member state’s 21
statutes and rules. 22
W. “State” means any state, commonwealth, district or territory of the 23
United States of America that regulates the practice of audiology and speech -24
language pathology. 25
X. “State practice laws” means a member state’s laws, rules and 26
regulations that govern the practice of audiology or speech -language 27
pathology, define the scope of audiology or speech -language pathology 28
practice, and create the methods and grounds for imposing discipline. 29
Y. “Telehealth” means the application of telecommunication technology 30
to deliver audiology or speech -language pathology services at a distance for 31
assessment, intervention and/or consultation. 32
33
SECTION 3. STATE PARTICIPATION IN THE COMPACT 34
A. A license issued to an audiologist or speech -language pathologist by 35
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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state as authorizing an audiologist or speech -language pathologist to 1
practice audiology or speech -language pathology, under a privilege to 2
practice, in each member state. 3
B. A state must implement or utilize procedures for considering the 4
criminal history records of applicants for initial privilege to practice. 5
These procedures shall include the submission of fingerprints or other 6
biometric-based information by applicants for the purpose of obtaining an 7
applicant’s criminal history record information from the Federal Bureau of 8
Investigation and the agency responsible for retaining that state’s criminal 9
records 10
1. A member state must fully implement a criminal background 11
check requirement, within a time frame established by rule, by receiving the 12
results of the Federal Bureau of Investigation record search on criminal 13
background checks and use the results in making licensure decisions. 14
2. Communication between a member state, the Commission and among 15
member states regarding the verification of eligibility for licensure through 16
the compact shall not include any information received from the Federal 17
Bureau of Investigation re lating to a federal criminal records check 18
performed by a member state under Public Law 92 -544. 19
C. Upon application for a privilege to practice, the licensing board in 20
the issuing remote state shall ascertain, through the data system, whether 21
the applicant has ever held, or is the holder of, a license issued by any 22
other state, whether there are any encumbrances on any license or privilege 23
to practice held by the applicant, whether any adverse action has been taken 24
against any license or privilege to pract ice held by the applicant. 25
D. Each member state shall require an applicant to obtain or retain a 26
license in the home state and meet the home state’s qualifications for 27
licensure or renewal of licensure, as well as, all other applicable state 28
laws. 29
E. For an audiologist: 30
1. Must meet one of the following educational requirements: 31
a. On or before, Dec. 31, 2007, has graduated with a 32
master’s degree or doctorate in audiology, or equivalent degree regardless of 33
degree name, from a program that is accredi ted by an accrediting agency 34
recognized by the Council for Higher Education Accreditation, or its 35
successor, or by the United States Department of Education and operated by a 36 As Engrossed: S3/2/23 SB91
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college or university accredited by a regional or national accrediting 1
organization recognized by the board; or 2
b. On or after, Jan. 1, 2008, has graduated with a doctoral 3
degree in audiology, or equivalent degree, regardless of degree name, from a 4
program that is accredited by an accrediting agency recognized by the Council 5
for Higher Education Accreditation, or its successor, or by the United States 6
Department of Education and operated by a college or university accredited by 7
a regional or national accrediting organization recognized by the board; or 8
c. Has graduated from an aud iology program that is housed 9
in an institution of higher education outside of the United States (a) for 10
which the program and institution have been approved by the authorized 11
accrediting body in the applicable country and (b) the degree program has 12
been verified by an independent credentials review agency to be comparable to 13
a state licensing board -approved program. 14
2. Has completed a supervised clinical practicum experience from 15
an accredited educational institution or its cooperating programs as requir ed 16
by the Commission; 17
3. Has successfully passed a national examination approved by the 18
Commission; 19
4. Holds an active, unencumbered license; 20
5. Has not been convicted or found guilty, and has not entered 21
into an agreed disposition, of a felony relat ed to the practice of audiology, 22
under applicable state or federal criminal law; 23
6. Has a valid United States Social Security or National 24
Practitioner Identification number. 25
F. For a speech-language pathologist: 26
1. Must meet one of the following educa tional requirements: 27
a. Has graduated with a master’s degree from a speech -28
language pathology program that is accredited by an organization recognized 29
by the United States Department of Education and operated by a college or 30
university accredited by a r egional or national accrediting organization 31
recognized by the board; or 32
b. Has graduated from a speech -language pathology program 33
that is housed in an institution of higher education outside of the United 34
States (a) for which the program and institutio n have been approved by the 35
authorized accrediting body in the applicable country and (b) the degree 36 As Engrossed: S3/2/23 SB91
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program has been verified by an independent credentials review agency to be 1
comparable to a state licensing board -approved program. 2
2. Has completed a su pervised clinical practicum experience from 3
an educational institution or its cooperating programs as required by the 4
Commission; 5
3. Has completed a supervised postgraduate professional 6
experience as required by the Commission 7
4. Has successfully passe d a national examination approved by the 8
Commission; 9
5. Holds an active, unencumbered license; 10
6. Has not been convicted or found guilty, and has not entered 11
into an agreed disposition, of a felony related to the practice of speech -12
language pathology, under applicable state or federal criminal law; 13
7. Has a valid United States Social Security or National 14
Practitioner Identification number. 15
G. The privilege to practice is derived from the home state license. 16
H. An audiologist or speech -language pathologist practicing in a member 17
state must comply with the state practice laws of the state in which the 18
client is located at the time service is provided. The practice of audiology 19
and speech-language pathology shall include all audiology and speech -language 20
pathology practice as defined by the state practice laws of the member state 21
in which the client is located. The practice of audiology and speech -language 22
pathology in a member state under a privilege to practice shall subject an 23
audiologist or speech -language pathologist to the jurisdiction of the 24
licensing board, the courts and the laws of the member state in which the 25
client is located at the time service is provided. 26
I. Individuals not residing in a member state shall continue to be able 27
to apply for a member state’s single -state license as provided under the laws 28
of each member state. However, the single -state license granted to these 29
individuals shall not be recognized as granting the privilege to practice 30
audiology or speech-language pathology in a ny other member state. Nothing in 31
this compact shall affect the requirements established by a member state for 32
the issuance of a single -state license. 33
J. Member states may charge a fee for granting a compact privilege. 34
K. Member states must comply with t he bylaws and rules and regulations 35
of the commission. 36 As Engrossed: S3/2/23 SB91
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1
SECTION 4. COMPACT PRIVILEGE 2
A. To exercise the compact privilege under the terms and provisions of 3
the compact, the audiologist or speech -language pathologist shall: 4
1. Hold an active license in the home state; 5
2. Have no encumbrance on any state license; 6
3. Be eligible for a compact privilege in any member state in 7
accordance with Section 3; 8
4. Have not had any adverse action against any license or compact 9
privilege within the previous 2 ye ars from date of application; 10
5. Notify the commission that the licensee is seeking the compact 11
privilege within a remote state(s); 12
6. Pay any applicable fees, including any state fee, for the 13
compact privilege; 14
7. Report to the commission adverse ac tion taken by any non -15
member state within 30 days from the date the adverse action is taken. 16
B. For the purposes of the compact privilege, an audiologist or speech -17
language pathologist shall only hold one home state license at a time. 18
C. Except as provided in Section 6, if an audiologist or speech -19
language pathologist changes primary state of residence by moving between 20
two-member states, the audiologist or speech -language pathologist must apply 21
for licensure in the new home state, and the license issued by the prior home 22
state shall be deactivated in accordance with applicable rules adopted by the 23
commission. 24
D. The audiologist or speech -language pathologist may apply for 25
licensure in advance of a change in primary state of residence. 26
E. A license shall not be issued by the new home state until the 27
audiologist or speech -language pathologist provides satisfactory evidence of 28
a change in primary state of residence to the new home state and satisfies 29
all applicable requirements to obtain a license from the new home state. 30
F. If an audiologist or speech -language pathologist changes primary 31
state of residence by moving from a member state to a non -member state, the 32
license issued by the prior home state shall convert to a single -state 33
license, valid only in t he former home state. 34
G. The compact privilege is valid until the expiration date of the home 35
state license. The licensee must comply with the requirements of Section 4A 36 As Engrossed: S3/2/23 SB91
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to maintain the compact privilege in the remote state. 1
H. A licensee providing audio logy or speech-language pathology services 2
in a remote state under the compact privilege shall function within the laws 3
and regulations of the remote state. 4
I. A licensee providing audiology or speech -language pathology services 5
in a remote state is subje ct to that state’s regulatory authority. A remote 6
state may, in accordance with due process and that state’s laws, remove a 7
licensee’s compact privilege in the remote state for a specific period of 8
time, impose fines, and/or take any other necessary action s to protect the 9
health and safety of its citizens. 10
J. If a home state license is encumbered, the licensee shall lose the 11
compact privilege in any remote state until the following occur: 12
1. The home state license is no longer encumbered; and 13
2. Two years have elapsed from the date of the adverse action. 14
K. Once an encumbered license in the home state is restored to good 15
standing, the licensee must meet the requirements of Section 4A to obtain a 16
compact privilege in any remote state. 17
L. Once the requirements of Section 4J have been met, the licensee must 18
meet the requirements in Section 4A to obtain a compact privilege in a remote 19
state. 20
21
SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH 22
Member states shall recognize the right of an audiologist or sp eech-language 23
pathologist, licensed by a home state in accordance with Section 3 and under 24
rules promulgated by the commission, to practice audiology or speech -language 25
pathology in any member state via telehealth under a privilege to practice as 26
provided in the compact and rules promulgated by the commission. 27
28
SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES 29
Active duty military personnel, or their spouse, shall designate a home state 30
where the individual has a current license in good standing. T he individual 31
may retain the home state designation during the period the service member is 32
on active duty. Subsequent to designating a home state, the individual shall 33
only change their home state through application for licensure in the new 34
state. 35
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SECTION 7. ADVERSE ACTIONS 1
A. In addition to the other powers conferred by state law, a remote 2
state shall have the authority, in accordance with existing state due process 3
law, to: 4
1. Take adverse action against an audiologist’s or speech -5
language pathologist’s privilege to practice within that member state. 6
2. Issue subpoenas for both hearings and investigations that 7
require the attendance and testimony of witnesses as well as the production 8
of evidence. Subpoenas issued by a licensing board in a mem ber state for the 9
attendance and testimony of witnesses or the production of evidence from 10
another member state shall be enforced in the latter state by any court of 11
competent jurisdiction, according to the practice and procedure of that court 12
applicable to subpoenas issued in proceedings pending before it. The issuing 13
authority shall pay any witness fees, travel expenses, mileage and other fees 14
required by the service statutes of the state in which the witnesses or 15
evidence are located. 16
3. Only the home state shall have the power to take adverse 17
action against a audiologist’s or speech -language pathologist’s license 18
issued by the home state. 19
B. For purposes of taking adverse action, the home state shall give the 20
same priority and effect to reported condu ct received from a member state as 21
it would if the conduct had occurred within the home state. In so doing, the 22
home state shall apply its own state laws to determine appropriate action. 23
C. The home state shall complete any pending investigations of an 24
audiologist or speech-language pathologist who changes primary state of 25
residence during the course of the investigations. The home state shall also 26
have the authority to take appropriate action(s) and shall promptly report 27
the conclusions of the investigati ons to the administrator of the data 28
system. The administrator of the coordinated licensure information system 29
shall promptly notify the new home state of any adverse actions. 30
D. If otherwise permitted by state law, the member state may recover 31
from the affected audiologist or speech -language pathologist the costs of 32
investigations and disposition of cases resulting from any adverse action 33
taken against that audiologist or speech -language pathologist. 34
E. The member state may take adverse action based on t he factual 35
findings of the remote state, provided that the member state follows the 36 As Engrossed: S3/2/23 SB91
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member state's own procedures for taking the adverse action. 1
F. Joint Investigations 2
1. In addition to the authority granted to a member state by its 3
respective audiology or speech-language pathology practice act or other 4
applicable state law, any member state may participate with other member 5
states in joint investigations of licensees. 6
2. Member states shall share any investigative, litigation, or 7
compliance materials in furtherance of any joint or individual investigation 8
initiated under the compact. 9
G. If adverse action is taken by the home state against an 10
audiologist’s or speech language pathologist’s license, the audiologist’s or 11
speech-language pathologist’s pri vilege to practice in all other member 12
states shall be deactivated until all encumbrances have been removed from the 13
state license. All home state disciplinary orders that impose adverse action 14
against an audiologist’s or speech language pathologist’s lice nse shall 15
include a statement that the audiologist’s or speech -language pathologist’s 16
privilege to practice is deactivated in all member states during the pendency 17
of the order. 18
H. If a member state takes adverse action, it shall promptly notify the 19
administrator of the data system. The administrator of the data system shall 20
promptly notify the home state of any adverse actions by remote states. 21
I. Nothing in this compact shall override a member state’s decision 22
that participation in an alternative progra m may be used in lieu of adverse 23
action. 24
25
SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH -LANGUAGE 26
PATHOLOGY COMPACT COMMISSION 27
A. The compact member states hereby create and establish a joint public 28
agency known as the audiology and speech -language pathology compact 29
commission: 30
1. The commission is an instrumentality of the compact states. 31
2. Venue is proper and judicial proceedings by or against the 32
commission shall be brought solely and exclusively in a court of competent 33
jurisdiction where the principal office of the commission is located. The 34
commission may waive venue and jurisdictional defenses to the extent it 35
adopts or consents to participate in alternative dispute resolution 36 As Engrossed: S3/2/23 SB91
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proceedings. 1
3. Nothing in this compact shall be construed to be a waiver of 2
sovereign immunity. 3
B. Membership, voting and meetings 4
1. Each member state shall have two (2) delegates selected by 5
that member state’s licensing board. The delegates shall be current members 6
of the licensing board. One shall be an audio logist and one shall be a 7
speech-language pathologist. 8
2. An additional five (5) delegates, who are either a public 9
member or board administrator from a state licensing board, shall be chosen 10
by the executive committee from a pool of nominees provided by the commission 11
at large. 12
3. Any delegate may be removed or suspended from office as 13
provided by the law of the state from which the delegate is appointed. 14
4. The member state board shall fill any vacancy occurring on the 15
commission, within 90 days. 16
5. Each delegate shall be entitled to one (1) vote with regard to 17
the promulgation of rules and creation of bylaws and shall otherwise have an 18
opportunity to participate in the business and affairs of the commission. 19
6. A delegate shall vote in person or by other means as provided 20
in the bylaws. The bylaws may provide for delegates’ participation in 21
meetings by telephone or other means of communication. 22
7. The commission shall meet at least once during each calendar 23
year. Additional meetings shall be he ld as set forth in the bylaws. 24
C. The commission shall have the following powers and duties: 25
1. Establish the fiscal year of the commission; 26
2. Establish bylaws; 27
3. Establish a Code of Ethics; 28
4. Maintain its financial records in accordance with t he bylaws; 29
5. Meet and take actions as are consistent with the provisions of 30
this compact and the bylaws; 31
6. Promulgate uniform rules to facilitate and coordinate 32
implementation and administration of this compact. The rules shall have the 33
force and effect of law and shall be binding in all member states; 34
7. Bring and prosecute legal proceedings or actions in the name 35
of the commission, provided that the standing of any state audiology or 36 As Engrossed: S3/2/23 SB91
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speech-language pathology licensing board to sue or be sued unde r applicable 1
law shall not be affected; 2
8. Purchase and maintain insurance and bonds; 3
9. Borrow, accept, or contract for services of personnel, 4
including, but not limited to, employees of a member state; 5
10. Hire employees, elect or appoint officers, fix compensation, 6
define duties, grant individuals appropriate authority to carry out the 7
purposes of the compact, and to establish the commission’s personnel policies 8
and programs relating to conflicts of interest, qualifications of personnel, 9
and other related personnel matters; 10
11. Accept any and all appropriate donations and grants of money, 11
equipment, supplies, materials and services, and to receive, utilize and 12
dispose of the same; provided that at all times the commission shall avoid 13
any appearance of impropriety and/or conflict of interest; 14
12. Lease, purchase, accept appropriate gifts or donations of, or 15
otherwise to own, hold, improve or use, any property, real, personal or 16
mixed; provided that at all times the commission shall avoid any appea rance 17
of impropriety; 18
13. Sell convey, mortgage, pledge, lease, exchange, abandon, or 19
otherwise dispose of any property real, personal, or mixed; 20
14. Establish a budget and make expenditures; 21
15. Borrow money; 22
16. Appoint committees, including stan ding committees composed of 23
members, and other interested persons as may be designated in this compact 24
and the bylaws; 25
17. Provide and receive information from, and cooperate with, law 26
enforcement agencies; 27
18. Establish and elect an executive committe e; and 28
19. Perform other functions as may be necessary or appropriate to 29
achieve the purposes of this Compact consistent with the state regulation of 30
audiology and speech -language pathology licensure and practice. 31
D. The Executive committee 32
The executive committee shall have the power to act on behalf of the 33
commission according to the terms of this compact: 34
1. The Executive Committee shall be composed of ten (10) members: 35
a. Seven (7) voting members who are elected by the 36 As Engrossed: S3/2/23 SB91
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commission from the curre nt membership of the commission; 1
b. Two (2) ex-officios, consisting of one nonvoting member 2
from a recognized national audiology professional association and one 3
nonvoting member from a recognized national speech -language pathology 4
association; and 5
c. One (1) ex-officio, nonvoting member from the recognized 6
membership organization of the audiology and speech -language pathology 7
licensing boards. 8
E. The ex-officio members shall be selected by their respective 9
organizations. 10
1. The commission may remove any member of the executive 11
committee as provided in bylaws. 12
2. The executive committee shall meet at least annually. 13
3. The executive committee shall have the following duties and 14
responsibilities: 15
a. Recommend to the entire commission chang es to the rules 16
or bylaws, changes to this compact legislation, fees paid by compact member 17
states such as annual dues, and any commission compact fee charged to 18
licensees for the compact privilege; 19
b. Ensure compact administration services are appropri ately 20
provided, contractual or otherwise; 21
c. Prepare and recommend the budget; 22
d. Maintain financial records on behalf of the commission; 23
e. Monitor compact compliance of member states and provide 24
compliance reports to the commission; 25
f. Establish additional committees as necessary; and 26
g. Other duties as provided in rules or bylaws. 27
4. Meetings of the commission 28
All meetings shall be open to the public, and public notice of meetings 29
shall be given in the same manner as required under the rulemaking provisions 30
in Section 10. 31
5. The commission or the executive committee or other committees 32
of the commission may convene in a closed, non -public meeting if the 33
commission or executive committee or other committees of the commission must 34
discuss: 35
a. Non-compliance of a member state with its obligations 36 As Engrossed: S3/2/23 SB91
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under the compact; 1
b. The employment, compensation, discipline or other 2
matters, practices or procedures related to specific employees or other 3
matters related to the commission’s internal p ersonnel practices and 4
procedures; 5
c. Current, threatened, or reasonably anticipated 6
litigation; 7
d. Negotiation of contracts for the purchase, lease, or 8
sale of goods, services, or real estate; 9
e. Accusing any person of a crime or formally censuri ng any 10
person; 11
f. Disclosure of trade secrets or commercial or financial 12
information that is privileged or confidential; 13
g. Disclosure of information of a personal nature where 14
disclosure would constitute a clearly unwarranted invasion of personal 15
privacy; 16
h. Disclosure of investigative records compiled for law 17
enforcement purposes; 18
i. Disclosure of information related to any investigative 19
reports prepared by or on behalf of or for use of the commission or other 20
committee charged with responsibi lity of investigation or determination of 21
compliance issues pursuant to the compact; or 22
j. Matters specifically exempted from disclosure by federal 23
or member state statute. 24
6. If a meeting, or portion of a meeting, is closed pursuant to 25
this provision, the commission’s legal counsel or designee shall certify that 26
the meeting may be closed and shall reference each relevant exempting 27
provision. 28
7. The commission shall keep minutes that fully and clearly 29
describe all matters discussed in a meeting and s hall provide a full and 30
accurate summary of actions taken, and the reasons therefore, including a 31
description of the views expressed. All documents considered in connection 32
with an action shall be identified in minutes. All minutes and documents of a 33
closed meeting shall remain under seal, subject to release by a majority vote 34
of the commission or order of a court of competent jurisdiction. 35
8. Financing of the commission 36 As Engrossed: S3/2/23 SB91
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a. The commission shall pay, or provide for the payment of, 1
the reasonable expense s of its establishment, organization, and ongoing 2
activities. 3
b. The commission may accept any and all appropriate 4
revenue sources, donations, and grants of money, equipment, supplies, 5
materials, and services. 6
c. The commission may levy on and collec t an annual 7
assessment from each member state or impose fees on other parties to cover 8
the cost of the operations and activities of the commission and its staff, 9
which must be in a total amount sufficient to cover its annual budget as 10
approved each year fo r which revenue is not provided by other sources. The 11
aggregate annual assessment amount shall be allocated based upon a formula to 12
be determined by the commission, which shall promulgate a rule binding upon 13
all member states. 14
9. The commission shall not incur obligations of any kind prior 15
to securing the funds adequate to meet the same; nor shall the commission 16
pledge the credit of any of the member states, except by and with the 17
authority of the member state. 18
10. The commission shall keep accurate acc ounts of all receipts 19
and disbursements. The receipts and disbursements of the commission shall be 20
subject to the audit and accounting procedures established under its bylaws. 21
However, all receipts and disbursements of funds handled by the commission 22
shall be audited yearly by a certified or licensed public accountant, and the 23
report of the audit shall be included in and become part of the annual report 24
of the commission. 25
F. Qualified immunity, defense, and indemnification 26
1. The members, officers, execu tive director, employees and 27
representatives of the commission shall be immune from suit and liability, 28
either personally or in their official capacity, for any claim for damage to 29
or loss of property or personal injury or other civil liability caused by o r 30
arising out of any actual or alleged act, error or omission that occurred, or 31
that the person against whom the claim is made had a reasonable basis for 32
believing occurred within the scope of commission employment, duties or 33
responsibilities; provided tha t nothing in this paragraph shall be construed 34
to protect any person from suit and/or liability for any damage, loss, 35
injury, or liability caused by the intentional or willful or wanton 36 As Engrossed: S3/2/23 SB91
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misconduct of that person. 1
2. The commission shall defend any member , officer, executive 2
director, employee or representative of the commission in any civil action 3
seeking to impose liability arising out of any actual or alleged act, error, 4
or omission that occurred within the scope of commission employment, duties, 5
or responsibilities, or that the person against whom the claim is made had a 6
reasonable basis for believing occurred within the scope of commission 7
employment, duties, or responsibilities; provided that nothing herein shall 8
be construed to prohibit that person f rom retaining his or her own counsel; 9
and provided further, that the actual or alleged act, error, or omission did 10
not result from that person’s intentional or willful or wanton misconduct. 11
3. The commission shall indemnify and hold harmless any member, 12
officer, executive director, employee, or representative of the commission 13
for the amount of any settlement or judgment obtained against that person 14
arising out of any actual or alleged act, error or omission that occurred 15
within the scope of commission em ployment, duties, or responsibilities, or 16
that person had a reasonable basis for believing occurred within the scope of 17
commission employment, duties, or responsibilities, provided that the actual 18
or alleged act, error, or omission did not result from the intentional or 19
willful or wanton misconduct of that person. 20
21
SECTION 9. DATA SYSTEM 22
A. The commission shall provide for the development, maintenance, and 23
utilization of a coordinated database and reporting system containing 24
licensure, adverse action, and investigative information on all licensed 25
individuals in member states. 26
B. Notwithstanding any other provision of state law to the contrary, a 27
member state shall submit a uniform data set to the data system on all 28
individuals to whom this compact is appli cable as required by the rules of 29
the commission, including: 30
1. Identifying information; 31
2. Licensure data; 32
3. Adverse actions against a license or compact privilege; 33
4. Non-confidential information related to alternative program 34
participation; 35
5. Any denial of application for licensure, and the reason(s) for 36 As Engrossed: S3/2/23 SB91
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denial; and 1
6. Other information that may facilitate the administration of 2
this compact, as determined by the rules of the commission. 3
C. Investigative information pertaining to a licensee in any member 4
state shall only be available to other member states. 5
D. The commission shall promptly notify all member states of any 6
adverse action taken against a licensee or an individual applying for a 7
license. Adverse action information pertaining to a licensee in any member 8
state shall be available to any other member state. 9
E. Member states contributing information to the data system may 10
designate information that may not be shared with the public without the 11
express permission of the contributing state. 12
F. Any information submitted to the data system that is subsequently 13
required to be expunged by the laws of the member state contributing the 14
information shall be removed from the data system. 15
16
SECTION 10. RULEMAKING 17
A. The commission shall exerci se its rulemaking powers pursuant to the 18
criteria set forth in this section and the rules adopted thereunder. Rules 19
and amendments shall become binding as of the date specified in each rule or 20
amendment. 21
B. If a majority of the legislatures of the member states rejects a 22
rule, by enactment of a statute or resolution in the same manner used to 23
adopt the compact within 4 years of the date of adoption of the rule, the 24
rule shall have no further force and effect in any member state. 25
C. Rules or amendments to the rules shall be adopted at a regular or 26
special meeting of the commission. 27
D. Prior to promulgation and adoption of a final rule or rules by the 28
commission, and at least thirty (30) days in advance of the meeting at which 29
the rule shall be considered a nd voted upon, the commission shall file a 30
notice of proposed rulemaking: 31
1. On the website of the commission or other publicly accessible 32
platform; and 33
2. On the website of each member state audiology or speech -34
language pathology licensing board or ot her publicly accessible platform or 35
the publication in which each state would otherwise publish proposed rules. 36 As Engrossed: S3/2/23 SB91
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E. The notice of proposed rulemaking shall include: 1
1. The proposed time, date, and location of the meeting in which 2
the rule shall be considered and voted upon; 3
2. The text of the proposed rule or amendment and the reason for 4
the proposed rule; 5
3. A request for comments on the proposed rule from any 6
interested person; and 7
4. The manner in which interested persons may submit notice to 8
the commission of their intention to attend the public hearing and any 9
written comments. 10
F. Prior to the adoption of a proposed rule, the commission shall allow 11
persons to submit written data, facts, opinions and arguments, which shall be 12
made available to the public. 13
G. The commission shall grant an opportunity for a public hearing 14
before it adopts a rule or amendment if a hearing is requested by: 15
1. At least twenty-five (25) persons; 16
2. A state or federal governmental subdivision or agency; or 17
3. An association having at least twenty -five (25) members. 18
H. If a hearing is held on the proposed rule or amendment, the 19
commission shall publish the place, time, and date of the scheduled public 20
hearing. If the hearing is held via electronic means, the commission shall 21
publish the mechanism for access to the electronic hearing. 22
1. All persons wishing to be heard at the hearing shall notify 23
the executive director of the Commission or other designated member in 24
writing of their desire to appear and test ify at the hearing not less than 25
five (5) business days before the scheduled date of the hearing. 26
2. Hearings shall be conducted in a manner providing each person 27
who wishes to comment a fair and reasonable opportunity to comment orally or 28
in writing. 29
3. All hearings shall be recorded. A copy of the recording shall 30
be made available on request. 31
4. Nothing in this section shall be construed as requiring a 32
separate hearing on each rule. Rules may be grouped for the convenience of 33
the commission at heari ngs required by this section. 34
I. Following the scheduled hearing date, or by the close of business on 35
the scheduled hearing date if the hearing was not held, the commission shall 36 As Engrossed: S3/2/23 SB91
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consider all written and oral comments received. 1
J. If no written notice of intent to attend the public hearing by 2
interested parties is received, the commission may proceed with promulgation 3
of the proposed rule without a public hearing. 4
K. The commission shall, by majority vote of all members, take final 5
action on the proposed rule and shall determine the effective date of the 6
rule, if any, based on the rulemaking record and the full text of the rule. 7
L. Upon determination that an emergency exists, the commission may 8
consider and adopt an emergency rule without prior notice, o pportunity for 9
comment, or hearing, provided that the usual rulemaking procedures provided 10
in the compact and in this section shall be retroactively applied to the rule 11
as soon as reasonably possible, in no event later than ninety (90) days after 12
the effective date of the rule. For the purposes of this provision, an 13
emergency rule is one that must be adopted immediately in order to: 14
1. Meet an imminent threat to public health, safety, or welfare; 15
2. Prevent a loss of commission or member state funds; or 16
3. Meet a deadline for the promulgation of an administrative rule 17
that is established by federal law or rule. 18
M. The commission or an authorized committee of the commission may 19
direct revisions to a previously adopted rule or amendment for purposes of 20
correcting typographical errors, errors in format, errors in consistency, or 21
grammatical errors. Public notice of any revisions shall be posted on the 22
website of the commission. The revision shall be subject to challenge by any 23
person for a period of thirt y (30) days after posting. The revision may be 24
challenged only on grounds that the revision results in a material change to 25
a rule. A challenge shall be made in writing and delivered to the chair of 26
the commission prior to the end of the notice period. If no challenge is 27
made, the revision shall take effect without further action. If the revision 28
is challenged, the revision may not take effect without the approval of the 29
commission. 30
31
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT 32
A. Dispute resolution 33
1. Upon request by a member state, the commission shall attempt 34
to resolve disputes related to the compact that arise among member states and 35
between member and non -member states. 36 As Engrossed: S3/2/23 SB91
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2. The commission shall promulgate a rule providing for both 1
mediation and binding dispute resolution for disputes as appropriate. 2
B. Enforcement 3
1. The commission, in the reasonable exercise of its discretion, 4
shall enforce the provisions and rules of this compact. 5
2. By majority vote, the commission may initiate legal action in 6
the United States District Court for the District of Columbia or the federal 7
district where the commission has its principal offices against a member 8
state in default to enforce compliance with the provisions of the compact and 9
its promulgated rules and bylaws. The relief sought may include both 10
injunctive relief and damages. In the event judicial enforcement is 11
necessary, the prevailing member shall be awarded all costs of litigation, 12
including reasonable attorney’s fees. 13
3. The remedies herein shall not be the exclusive remedies of the 14
commission. The commission may pursue any other remedies available under 15
federal or state law. 16
17
SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR 18
AUDIOLOGY AND SPEECH -LANGUAGE PATHOLOGY P RACTICE AND ASSOCIATED 19
RULES, WITHDRAWAL, AND AMENDMENT 20
A. The compact shall come into effect on the date on which the compact 21
statute is enacted into law in the 10th member state. The provisions, which 22
become effective at that time, shall be limited to t he powers granted to the 23
commission relating to assembly and the promulgation of rules. Thereafter, 24
the commission shall meet and exercise rulemaking powers necessary to the 25
implementation and administration of the compact. 26
B. Any state that joins the com pact subsequent to the commission’s 27
initial adoption of the rules shall be subject to the rules as they exist on 28
the date on which the compact becomes law in that state. Any rule that has 29
been previously adopted by the commission shall have the full force and 30
effect of law on the day the compact becomes law in that state. 31
C. Any member state may withdraw from this compact by enacting a 32
statute repealing the same. 33
1. A member state’s withdrawal shall not take effect until six 34
(6) months after enactment of the repealing statute. 35
2. Withdrawal shall not affect the continuing requirement of the 36 As Engrossed: S3/2/23 SB91
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withdrawing state’s audiology or speech -language pathology licensing board to 1
comply with the investigative and adverse action reporting requirements of 2
this act prior to the effective date of withdrawal. 3
D. Nothing contained in this compact shall be construed to invalidate 4
or prevent any audiology or speech -language pathology licensure agreement or 5
other cooperative arrangement between a member state and a non -member state 6
that does not conflict with the provisions of this compact. 7
E. This compact may be amended by the member states. No amendment to 8
this compact shall become effective and binding upon any member state until 9
it is enacted into the laws of all member states. 10
11
SECTION 13. CONSTRUCTION AND SEVERABILITY 12
This compact shall be liberally construed so as to effectuate the 13
purposes thereof. The provisions of this compact shall be severable and if 14
any phrase, clause, sentence or provision of this compact is de clared to be 15
contrary to the constitution of any member state or of the United States or 16
the applicability thereof to any government, agency, person or circumstance 17
is held invalid, the validity of the remainder of this compact and the 18
applicability thereo f to any government, agency, person or circumstance shall 19
not be affected thereby. If this compact shall be held contrary to the 20
constitution of any member state, the compact shall remain in full force and 21
effect as to the remaining member states and in fu ll force and effect as to 22
the member state affected as to all severable matters. 23
24
SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS 25
A. Nothing herein prevents the enforcement of any other law of a member 26
state that is not inconsistent with the compact. 27
B. All laws in a member state in conflict with the compact are 28
superseded to the extent of the conflict. 29
C. All lawful actions of the commission, including all rules and bylaws 30
promulgated by the commission, are binding upon the member states. 31
D. All agreements between the commission and the member states are 32
binding in accordance with their terms. 33
E. In the event any provision of the compact exceeds the constitutional 34
limits imposed on the legislature of any member state, the provision shall be 35
ineffective to the extent of the conflict with the constitutional provision 36 As Engrossed: S3/2/23 SB91
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in question in that member state. 1
2
17-100-402. Administration of compact — Rules. 3
(a) The Board of Examiners in Speech -Language Pathology and Audiology 4
is the Audiology and Speech -Language Pathology Interstate Compact 5
administrator for this state. 6
(b) The board may adopt rules that are consistent with the Audiology 7
and Speech-Language Pathology Interstate Compact necessary to implement this 8
subchapter. 9
(c) The board is not requir ed to adopt the rules of the Audiology and 10
Speech-Language Pathology Interstate Compact Commission for those rules to be 11
effective in this state. 12
(d) For the purposes of the member state’s ability to reject a rule 13
under Section 10(B) of the Audiology and Speech-Language Pathology Interstate 14
Compact, Arkansas delegates its authority in this provision to the General 15
Assembly or the Legislative Council. 16
17
SECTION 2. Arkansas Code § 17 -100-302(b), concerning the eligibility 18
criteria for licensure as a speech-language pathologist or audiologist, is 19
amended to read as follows: 20
(b) To be eligible for licensure by the board as a speech -language 21
pathologist or audiologist, a person shall: 22
(1) Possess at least a master's degree in the area of speech -23
language pathology or a master's degree in audiology obtained on or before 24
December 30, 2006, or a doctoral degree obtained after January 1, 2007, from 25
an educational institution recognized by the board; 26
(2) Submit evidence of the completion of the educatio nal, 27
clinical experience, and employment requirements, which shall be based on 28
appropriate national standards and prescribed by the rules adopted under this 29
chapter; and 30
(3) Apply for a criminal background check and meet the 31
qualifications for issuance of a license under § 17 -100-309 if he or she 32
affirmatively indicates that he or she intends to participate in the 33
Audiology and Speech -Language Pathology Interstate Compact; and 34
(4) Pass an examination approved by the board before the board 35
approves a license. 36 As Engrossed: S3/2/23 SB91
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1
SECTION 3. Arkansas Code § 17 -100-305, concerning annual renewals for 2
speech-language pathologists and audiologists, is amended to add an 3
additional subsection to read as follows: 4
(f) If a person affirmatively indicates on his or her renewal t hat he 5
or she intends to participate in the Audiology and Speech -Language Pathology 6
Interstate Compact, then he or she shall apply for a criminal background 7
check and meet the qualifications for issuance of a license under § 17 -100-8
309. 9
10
SECTION 4. Arkansas Code Title 17, Chapter 100, Subchapter 3, is 11
amended to add an additional section to read as follows: 12
17-100-309. Criminal background checks. 13
(a) Each applicant or licensee for a license issued by the Board of 14
Examiners in Speech-Language Pathology and Audiology under the Audiology and 15
Speech-Language Pathology Interstate Compact is required to apply for a state 16
and national criminal background check, to be conducted by the Identification 17
Bureau of the Division of Arkansas State Police and the Fede ral Bureau of 18
Investigation. 19
(b) The criminal background check shall conform to the applicable 20
federal standards and shall include the taking of fingerprints. 21
(c) The applicant or licensee shall sign a release of information to 22
the board and shall be r esponsible for the payment of any fee associated with 23
the criminal background check. 24
(d) Upon completion of the criminal background check, the 25
Identification Bureau of the Division of Arkansas State Police shall forward 26
to the board all releasable inform ation obtained concerning the applicant or 27
licensee. 28
(e) For purposes of this section, the board shall follow the licensing 29
restrictions based on criminal records under § 17 -3-102. 30
(f)(1) Information received by the board from the Identification 31
Bureau of the Division of Arkansas State Police under this section shall not 32
be available for examination except by the affected applicant or licensee for 33
licensure or his or her authorized representative or the person whose license 34
is subject to revocation or h is or her authorized representative. 35
(2) A record, file, or document shall not be removed from the 36 As Engrossed: S3/2/23 SB91
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custody of the division. 1
(g) Information made available to the affected applicant or licensee 2
for licensure or the person whose license is subject to re vocation shall be 3
information pertaining to that person only. 4
(h) Rights of privilege and confidentiality established in this 5
section do not extend to any document created for purposes other than the 6
criminal background check under the Audiology and Spee ch-Language Pathology 7
Interstate Compact. 8
(i) The board shall adopt the necessary rules to fully implement the 9
provisions of this section . 10
11
/s/K. Hammer 12
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APPROVED: 3/16/23 15
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