reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 99 - RESPIRATORY CARE PRACTITIONERS (§§ 17-99-101 — 17-99-310) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-99-101 — 17-99-103) › Section 17-99-102 - Definitions

As used in this chapter:
(1)
"Licensed allied health practitioner" means any person formally trained and tested in an allied health field qualified to deliver medical care to the public and licensed in the State of Arkansas;
(2)
"Qualified medical director" means a licensed physician who is the medical director of any inpatient or outpatient respiratory care service, department, home care agency, or long-term care facility;
(3)
(A)
"Respiratory care" means the practice of the principles, techniques, psychology, and theories of cardiopulmonary medicine under the verbal or written direction or prescription of a licensed physician or under the supervision of a qualified medical director, or both.
(B)
Respiratory care shall include, but not be limited to, the following:
(i)
Evaluation and treatment of individuals whose cardiopulmonary functions have been threatened or impaired by developmental defects, the aging process, physical injury or disease, or anticipated dysfunction of the cardiopulmonary system;
(ii)
Evaluation techniques, including cardiopulmonary function assessment, gas exchange evaluation, the need and effectiveness of therapeutic modalities and procedures, and assessment and evaluation of the need for extended care and home care procedures and equipment; and
(iii)
(a)
The professional application of techniques, equipment, and procedures involved in the administration of respiratory care, such as:
(1)
Therapeutic gas administration;
(2)
Prescribed medications;
(3)
Emergency cardiac, respiratory, and cardiopulmonary resuscitation measures;
(4)
Establishing and maintaining artificial airways;
(5)
Cardiopulmonary function tests;
(6)
Testing and obtaining physiological evaluation of arterial and venous blood samples;
(7)
Exercises designed for the rehabilitation of individuals with disabilities that are cardiopulmonary in nature;
(8)
Maintaining postural drainage, vibration and chest percussion, aerosol administration, breathing exercises, and artificial and mechanical ventilation; and
(9)
Cleaning and sterilization of cardiopulmonary function equipment and its maintenance.
(b)
Those techniques may be applied in the treatment of the individual or patient in groups or through healthcare facilities, organizations, or agencies; and
(4)
"Respiratory care practitioner" means a licensed person who practices respiratory care as defined in this chapter under the prescription and direction of a licensed physician.
Amended by Act 2023, No. 503,§ 2, eff. 8/1/2023.
Amended by Act 2019, No. 386,§ 55, eff. 7/24/2019.
Acts 1969, No. 168, § 1; A.S.A. 1947, § 72-1601; Acts 1987, No. 952, § 1; 1995, No. 1094, § 1; 2001, No. 1049, § 2.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 99 - RESPIRATORY CARE PRACTITIONERS (§§ 17-99-101 — 17-99-310) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-99-101 — 17-99-103) › Section 17-99-103 - Penalty - Injunction

(a)
Any person violating the provisions of this chapter shall be guilty of a misdemeanor. Upon conviction, that person shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or by imprisonment in the county jail for a period of not less than one (1) month nor more than six (6) months, or by both fine and imprisonment. Each day of violation shall constitute a separate offense.
(b)
The courts of record in this state having general equity jurisdiction are vested with jurisdiction and power to enjoin the unlawful practice of respiratory care in the county in which the alleged unlawful practice occurred or in which the defendant resides. The issuance of an injunction shall not relieve a person from criminal prosecution for violation of this chapter, but the remedy of injunction shall be in addition to liability for criminal prosecution.
Acts 1969, No. 168, §§ 15, 16; A.S.A. 1947, §§ 72-1615, 72-1616; Acts 1987, No. 952, §§ 13, 14.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 99 - RESPIRATORY CARE PRACTITIONERS (§§ 17-99-101 — 17-99-310) › Subchapter 2 - REGULATORY AGENCIES (§§ 17-99-201 — 17-99-205) › Section 17-99-201 - Medical board - Powers and duties

(a)
The Arkansas State Medical Board shall administer the provisions of this chapter.
(b)
The board, with the advice and assistance of the Arkansas State Respiratory Care Examining Committee, shall:
(1)
Pass upon the qualifications of applicants for licensure;
(2)
Provide for a nationally standardized examination;
(3)
Determine the applicants who successfully pass the examinations; and
(4)
License those applicants who meet the qualifications provided in this chapter.
(c)
In addition to the other powers and duties set out elsewhere in this chapter, the board shall:
(1)
Adopt and put into effect rules to carry this chapter into effect;
(2)
Investigate reported violations of this chapter, and take such steps as may be necessary to enforce the chapter;
(3)
(A)
Keep a record of its proceedings and a record of all persons registered under this chapter.
(B)
The register shall show:
(i)
The name of every registrant;
(ii)
His or her last known place of business;
(iii)
His or her last known place of residence; and
(iv)
The date and number of his or her license;
(4)
(A)
Compile a list, which shall be printed annually, of all respiratory care practitioners who are licensed to practice respiratory care in the State of Arkansas.
(B)
It shall furnish a copy of the list to all persons requesting it upon the payment of such fee as may be fixed by the board to compensate for the cost of printing the list;
(5)
(A)
With the advice and assistance of the committee, adopt rules for the issuance of temporary permits for students and graduates of approved training programs to practice limited respiratory care under the supervision of a respiratory care practitioner or physician.
(B)
Rules shall be adopted defining for the purposes of this chapter the terms "students", "limited", "supervision", and "approved training programs"; and
(6)
With the advice and assistance of the committee, adopt rules for the issuance of licenses for respiratory care practitioners and put them into effect.
Amended by Act 2019, No. 315,§ 1644, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 1643, eff. 7/24/2019.
Acts 1969, No. 168, §§ 2, 6; A.S.A. 1947, §§ 72-1602, 72-1606; Acts 1987, No. 952, §§ 2, 4; 1995, No. 1094, § 2.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 99 - RESPIRATORY CARE PRACTITIONERS (§§ 17-99-101 — 17-99-310) › Subchapter 2 - REGULATORY AGENCIES (§§ 17-99-201 — 17-99-205) › Section 17-99-202 - Medical board - Meetings

(a)
The Arkansas State Medical Board shall hold its regular meetings on the fourth Thursday in November and the fourth Thursday in June and shall have the power to call special meetings at such times as it deems necessary.
(b)
It may meet at such places as a majority may agree upon, consulting the convenience of the board and applicants for examination and certificates.
Acts 1969, No. 168, § 4; A.S.A. 1947, § 72-1604.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 99 - RESPIRATORY CARE PRACTITIONERS (§§ 17-99-101 — 17-99-310) › Subchapter 2 - REGULATORY AGENCIES (§§ 17-99-201 — 17-99-205) › Section 17-99-203 - Arkansas State Respiratory Care Examining Committee

(a)
There is created the Arkansas State Respiratory Care Examining Committee to assist the Arkansas State Medical Board in carrying out the provisions of this chapter.
(b)
The committee shall consist of five (5) members appointed by the Governor for a term of three (3) years:
(1)
(A)
One (1) member shall be a board-certified anesthesiologist and appointed by the Governor subject to confirmation by the Senate.
(B)
The Governor shall appoint that member after consulting the board;
(2)
(A)
One (1) member shall be a member of the American College of Chest Physicians and appointed by the Governor subject to confirmation by the Senate.
(B)
The Governor shall appoint that member after consulting the board; and
(3)
(A)
Three (3) members shall be licensed under this chapter and appointed by the Governor subject to confirmation by the Senate.
(B)
The Governor shall appoint those members after consulting the Arkansas Society for Respiratory Care, Inc.
(c)
(1)
The committee shall meet with the board at its regular meetings and assist in conducting all examinations and shall have the power to call special meetings at such times as it deems necessary.
(2)
A majority of the committee shall have the power to call a special meeting.
Amended by Act 2015, No. 1100,§ 42, eff. 7/22/2015.
Acts 1969, No. 168, §§ 3, 5; A.S.A. 1947, §§ 72-1603, 72-1605; Acts 1987, No. 952, § 3; 1995, No. 1094, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 99 - RESPIRATORY CARE PRACTITIONERS (§§ 17-99-101 — 17-99-310) › Subchapter 2 - REGULATORY AGENCIES (§§ 17-99-201 — 17-99-205) › Section 17-99-204 - Board responsibility for finances - Compensation for committee

(a)
All fees and penalties provided for in this chapter shall be received by the Arkansas State Medical Board and shall be expended by it in furtherance of the purposes of this chapter and in accordance with the provisions of §
17-95-305
.
(b)
The members of the Arkansas State Respiratory Care Examining Committee may receive expense reimbursement in accordance with §
25-16-901
et seq.
(c)
It shall not be lawful for the board or any member of the board, in any manner whatever or for any purpose, to charge or obligate the State of Arkansas for the payment of any money whatever.
Acts 1969, No. 168, § 17; A.S.A. 1947, § 72-1617; Acts 1987, No. 952, § 15; 1997, No. 250, § 171.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 99 - RESPIRATORY CARE PRACTITIONERS (§§ 17-99-101 — 17-99-310) › Subchapter 2 - REGULATORY AGENCIES (§§ 17-99-201 — 17-99-205) › Section 17-99-205 - Continuing education

The Arkansas State Medical Board, in cooperation with the Arkansas Society for Respiratory Care, shall develop and implement rules for continuing education.
Amended by Act 2019, No. 315,§ 1645, eff. 7/24/2019.
Acts 1969, No. 168, § 20, as added by Acts 1987, No. 952, § 16; 2001, No. 1049, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 99 - RESPIRATORY CARE PRACTITIONERS (§§ 17-99-101 — 17-99-310) › Subchapter 3 - LICENSING (§§ 17-99-301 — 17-99-310) › Section 17-99-303 - Issuance and recording

(a)
The Arkansas State Medical Board shall register as a respiratory care practitioner each applicant who provides evidence of his or her fitness for licensure under the terms of this chapter.
(b)
It shall issue to each person registered a license, which shall be prima facie evidence of the right of the person to practice respiratory care, subject to the conditions and limitations of this chapter.
(c)
Proof of licensure must be made upon request.
(d)
(1)
Whenever the board determines for any reason not to issue a license, it shall enter an order denying the application.
(2)
Whenever the board determines for any reason to suspend, revoke, or refuse to renew a license, it shall enter an order taking that action.
(e)
All review proceedings shall be governed by the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Acts 1969, No. 168, § 8; A.S.A. 1947, § 72-1608; Acts 1987, No. 952, § 6; 1995, No. 1094, § 6.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 99 - RESPIRATORY CARE PRACTITIONERS (§§ 17-99-101 — 17-99-310) › Subchapter 3 - LICENSING (§§ 17-99-301 — 17-99-310) › Section 17-99-304 - Reciprocity

(a)
A legally licensed practitioner who has been issued a license to practice respiratory care in another state or territory whose requirements for registration and licensure were at the time of his or her registration or licensure equal to the requirements contained in this chapter may be registered and issued a license by the Arkansas State Medical Board if the state or territory from which the applicant comes accords a similar privilege of registration and licensure to persons registered and licensed in the State of Arkansas by the board.
(b)
The issuance of the license by reciprocity by the board shall be at the sole discretion of the board, and the board may provide rules governing such admission as it may deem necessary or desirable.
Amended by Act 2019, No. 315,§ 1646, eff. 7/24/2019.
Acts 1969, No. 168, § 11; A.S.A. 1947, § 72-1611; Acts 1987, No. 952, § 9.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 99 - RESPIRATORY CARE PRACTITIONERS (§§ 17-99-101 — 17-99-310) › Subchapter 3 - LICENSING (§§ 17-99-301 — 17-99-310) › Section 17-99-305 - Temporary permits

(a)
In cases of emergency, the Executive Director of the Arkansas State Medical Board may issue a temporary permit without examination to practice respiratory care to persons who are not licensed in other states, but who otherwise meet the qualifications for licensure set out in this chapter.
(b)
Such emergency temporary license shall expire at the date of the next Arkansas State Medical Board meeting, unless the board ratifies or extends the action of the executive director.
Amended by Act 2017, No. 69,§ 7, eff. 8/1/2017.
Acts 1969, No. 168, § 9; A.S.A. 1947, § 72-1609; Acts 1987, No. 952, § 7; 1995, No. 1094, § 7.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 99 - RESPIRATORY CARE PRACTITIONERS (§§ 17-99-101 — 17-99-310) › Subchapter 3 - LICENSING (§§ 17-99-301 — 17-99-310) › Section 17-99-306 - Annual registration - Failure to reregister

(a)
(1)
A license or reregistration fee not to exceed fifty dollars ($50.00) shall be paid to the Arkansas State Medical Board by each respiratory care practitioner who holds a license to practice respiratory care in the State of Arkansas.
(2)
The reregistration fee shall be paid before or during the birth month of the license holder beginning in 1998, and each year thereafter. During the implementation year of 1998, fees shall be prorated.
(3)
Failure to reregister and pay the fee by the last day of the birth month of the license holder shall cause the license of any person so failing to reregister to expire automatically.
(b)
(1)
Any delinquent license of less than five (5) years may be reinstated by paying all delinquent fees and a penalty not to exceed fifty dollars ($50.00) for each year or part of a year it has been delinquent.
(2)
Any person who shall fail to reregister and pay the annual license fee for five (5) or more consecutive years shall be required to be reexamined by the board before the license may be reinstated.
(c)
(1)
The board shall not increase or set assessed fees exceeding the amounts in this section.
(2)
If the board determines in its discretion that a reduction is in the best interest of the state, the board may reduce fees below the amounts in this section through the administrative rule process and by the approval of the Governor and either the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
Amended by Act 2023, No. 79,§ 7, eff. 8/1/2023.
Acts 1969, No. 168, § 12; A.S.A. 1947, § 72-1612; Acts 1987, No. 952, § 10; 1995, No. 1094, § 8; 1997, No. 313, § 3.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 99 - RESPIRATORY CARE PRACTITIONERS (§§ 17-99-101 — 17-99-310) › Subchapter 3 - LICENSING (§§ 17-99-301 — 17-99-310) › Section 17-99-307 - Denial, suspension, or revocation - Grounds

The Arkansas State Medical Board, after due notice and hearing, may revoke, suspend, or refuse to renew any license or permit or place on probation or otherwise reprimand a licensee or permit holder or deny a license to an applicant who:
(1)
Is habitually drunk or who is addicted to the use of narcotic drugs;
(2)
Is, in the judgment of the board, guilty of immoral or unprofessional conduct;
(3)
[Repealed.]
(4)
Is guilty, in the judgment of the board, of gross negligence in his or her practice as a respiratory care practitioner;
(5)
Has obtained or attempted to obtain registration by fraud or material misrepresentation;
(6)
Has treated or undertaken to treat ailments of human beings other than by respiratory care and as authorized by this chapter or who has undertaken to practice independently of the prescription and direction of a licensed physician; or
(7)
Has been found to have violated any provisions of this chapter or rules of the Arkansas State Respiratory Care Examining Committee or board.
Amended by Act 2019, No. 315,§ 1647, eff. 7/24/2019.
Amended by Act 2019, No. 990,§ 116, eff. 7/24/2019.
Acts 1969, No. 168, § 13; A.S.A. 1947, § 72-1613; Acts 1987, No. 952, § 11; 1995, No. 1094, § 9.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 99 - RESPIRATORY CARE PRACTITIONERS (§§ 17-99-101 — 17-99-310) › Subchapter 3 - LICENSING (§§ 17-99-301 — 17-99-310) › Section 17-99-308 - Denial, suspension, or revocation - Procedure

(a)
The procedure on all refusals, revocations, and suspensions of registration shall be prescribed by the Arkansas Medical Practices Act, §
17-95-201
et seq., §
17-95-301
et seq., and §
17-95-401
et seq.
(b)
(1)
Any person may file a complaint with the Arkansas State Medical Board against any person having a license to practice respiratory care in this state charging the person with having violated the provisions of §
17-99-307
.
(2)
The complaint shall set forth a specification of charges in sufficient detail so as to disclose to the accused fully and completely the alleged acts of misconduct for which he or she is charged.
(3)
When the complaint is filed, the Executive Director of the Arkansas State Medical Board shall mail a copy to the accused by registered mail at his or her last address of record, with a written notice of the time and place of hearing, advising him or her that he or she may be present in person and by counsel, if he or she so desires, to offer evidence and be heard in his or her defense.
(c)
(1)
At the time and place fixed for a hearing before the board, the board shall receive evidence upon the subject matter under consideration and shall accord the person against whom charges are preferred a full and fair opportunity to be heard in his defense.
(2)
The board shall not be bound by strict or technical rules of evidence but shall consider all evidence fully and fairly. However, all oral testimony considered by the board must be under oath.
(d)
(1)
Appeal may be had by either of the parties from the decision of the board as now provided by law.
(2)
All evidence considered by the board shall be reduced to writing and available for the purposes of appeal.
(e)
Nothing in this section shall be construed so as to deprive any person of his or her rights without full, fair, and impartial hearing.
Acts 1969, No. 168, §§ 13, 14; A.S.A. 1947, §§ 72-1613, 72-1614; Acts 1987, No. 952, § 12.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 99 - RESPIRATORY CARE PRACTITIONERS (§§ 17-99-101 — 17-99-310) › Subchapter 3 - LICENSING (§§ 17-99-301 — 17-99-310) › Section 17-99-309 - Out-of-state licenses

(a)
A legally licensed practitioner who has been issued a license to practice respiratory care in another state or territory whose requirements for licensure were equal at the time of his or her licensure to the requirements contained in this chapter may be licensed by the Arkansas State Medical Board, provided that the state or territory from which the applicant comes accords a similar privilege of registration and licensure to persons licensed in the State of Arkansas by the board.
(b)
The issuance of a license by reciprocity by the board shall be at the sole discretion of the board.
Acts 1995, No. 1094, § 10.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 99 - RESPIRATORY CARE PRACTITIONERS (§§ 17-99-101 — 17-99-310) › Subchapter 3 - LICENSING (§§ 17-99-301 — 17-99-310) › Section 17-99-310 - Medical director - Powers and duties

A qualified medical director shall:
(1)
Be readily available to respiratory care practitioners employed by or providing services for the organization he or she directs; and
(2)
Establish a policy that prohibits any person from ordering respiratory care for a patient, except a physician who has medical responsibility for the patient.
Acts 1995, No. 1094, § 11.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 100 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 17-100-101 — 17-100-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-100-101 — 17-100-108) › Section 17-100-101 - Short title

This chapter may be cited as the "Licensure Act of Speech-Language Pathologists and Audiologists".
Acts 1975, No. 277, § 1; A.S.A. 1947, § 72-1801; Acts 1993, No. 121, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 100 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 17-100-101 — 17-100-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-100-101 — 17-100-108) › Section 17-100-102 - Public policy

It is declared to be a policy of the State of Arkansas that, in order to safeguard the public health, safety, and welfare; to protect the public from being misled by incompetent, unscrupulous, and unauthorized persons and from unprofessional conduct on the part of qualified speech-language pathologists and audiologists; and to help to assure the availability of the highest possible quality speech-language pathology and audiology services to individuals with disabilities that are communicative in nature who reside in this state, it is necessary to provide regulatory authority over persons offering speech-language pathology and audiology services to the public.
Amended by Act 2023, No. 503,§ 3, eff. 8/1/2023.
Acts 1975, No. 277, § 2; A.S.A. 1947, § 72-1802; Acts 1993, No. 121, § 2.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 100 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 17-100-101 — 17-100-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-100-101 — 17-100-108) › Section 17-100-103 - Definitions

As used in this chapter:
(1)
"Audiologist" means an individual who practices audiology by any title or description of services incorporating the words "audiologist", "hearing clinician", "hearing therapist", or any similar title or description of services;
(2)
"Audiology" means the application of principles, methods, and procedures of measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, or rehabilitation related to hearing and balance disorders of the auditory system for the purpose of evaluating, identifying, preventing, ameliorating, or modifying such disorders and conditions in individuals and groups of individuals;
(3)
"Person" means any individual, organization, or corporate body, except that only an individual may be licensed under this chapter;
(4)
"Speech-language pathologist" means an individual who practices speech-language pathology by any title or description of services incorporating the words "speech-language pathologist", "speech therapist", "speech correctionist", "speech clinician", "language pathologist", "language therapist", "logopedist", "communicologist", "voice therapist", "voice pathologist", or any similar title or description of service;
(5)
"Speech-language pathology" means the application of principles, methods, and procedures for the measurement, testing, evaluation, prediction, counseling, instruction, habilitation, or rehabilitation related to the development and disorders of speech, voice, or language, and dysphagia for the purpose of evaluating, preventing, ameliorating, or modifying such disorders and conditions in individuals and groups of individuals;
(6)
"Speech-language pathology support personnel" or any variation, synonym, or coinage of the term means an individual who holds a bachelor's degree in speech language pathology or an individual who meets minimum qualifications established by the Board of Examiners in Speech-Language Pathology and Audiology, which are less than those established by this chapter as necessary for licensing as a speech-language pathologist, and who provides services as prescribed, directed, and supervised by a speech-language pathologist licensed under this chapter;
(7)
"Telepractice" means telespeech, teleaudiology, teleSLP, telehealth, or telerehabilitation when used separately or together; and
(8)
"Telepractice service" means the application of telecommunication technology equivalent in quality to services delivered face-to-face to deliver speech-language pathology or audiology services, or both, at a distance for assessment, intervention or consultation, or both.
Amended by Act 2013, No. 219,§ 1, eff. 8/16/2013.
Acts 1975, No. 277, § 7; A.S.A. 1947, § 72-1807; Acts 1993, No. 121, § 3; 1995, No. 826, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 100 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 17-100-101 — 17-100-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-100-101 — 17-100-108) › Section 17-100-105 - Criminal penalties

Any person who violates any provision of this chapter shall upon conviction be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or imprisoned in the county jail for a period not exceeding six (6) months, or both.
Acts 1975, No. 277, § 20; A.S.A. 1947, § 72-1820.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 100 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 17-100-101 — 17-100-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-100-101 — 17-100-108) › Section 17-100-106 - Civil penalties

(a)
Any person who, after notice and hearing, is found by the Board of Examiners in Speech-Language Pathology and Audiology to have violated any provision of this chapter or any rule of the board may be assessed a civil penalty not to exceed one thousand dollars ($1,000) for each violation.
(b)
The penalty provided for in this section, plus interest at ten percent (10%) per annum, shall be paid to the board before the speech-language pathologist or audiologist can be issued a license to engage in practice in this state.
(c)
The board shall have the authority to withhold approval for up to six (6) months of any application for any person who before approval of the application has been found in violation of this chapter.
(d)
The board shall have the authority to file suit in the Pulaski County Circuit Court or the circuit court of the county in which the person resides to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service on the person of the order assessing the penalty, unless the circuit court enters a stay pursuant to the provisions of the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Amended by Act 2019, No. 315,§ 1649, eff. 7/24/2019.
Acts 1993, No. 121, § 5.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 100 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 17-100-101 — 17-100-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-100-101 — 17-100-108) › Section 17-100-107 - Injunction against unlawful practice

When any person not licensed by the Board of Examiners in Speech-Language Pathology and Audiology, or any licensee, engages in the practice of speech-language pathology or audiology as defined in §
17-100-103
in violation of this chapter or the rules of the board, the board may go into the Pulaski County Circuit Court or the circuit court of the county in which the person resides and, upon affidavit, secure a writ of injunction, without bond, restraining and prohibiting the person from the practice of speech-language pathology or audiology in violation of this chapter.
Amended by Act 2019, No. 315,§ 1650, eff. 7/24/2019.
Amended by Act 2019, No. 386,§ 56, eff. 7/24/2019.
Acts 1993, No. 121, § 5.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 100 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 17-100-101 — 17-100-402) › Subchapter 1 - GENERAL PROVISIONS (§§ 17-100-101 — 17-100-108) › Section 17-100-108 - Billing

(a)
Services provided by speech-language pathology support personnel which are prescribed, directed, and supervised by a speech-language pathologist licensed under this chapter may be billed to third parties as speech-language services or therapies.
(b)
The billings may be in the name of the licensed speech-language pathologist or clinic of a licensed speech-language pathologist or a developmental disability day treatment clinic services community provider licensed or certified by the Division of Developmental Disabilities Services of the Department of Human Services that employs the speech-language pathology support personnel.
Acts 1995, No. 826, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 100 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 17-100-101 — 17-100-402) › Subchapter 2 - BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY (§§ 17-100-201 — 17-100-208) › Section 17-100-201 - Creation - Members

(a)
There is established the Board of Examiners in Speech-Language Pathology and Audiology within the Department of Health.
(b)
(1)
(A)
The board shall be composed of seven (7) members appointed by the Governor to three-year terms.
(B)
The members of the board shall be residents of this state for at least two (2) years immediately preceding their appointments.
(2)
(A)
(i)
Five (5) members of the board shall be appointed by the Governor after consulting the Arkansas Speech-Language-Hearing Association, Inc., the American Academy of Audiology, and other professional groups or individuals and subject to confirmation by the Senate.
(ii)
The Governor shall appoint a new member of the board if a vacancy occurs.
(B)
The board shall have the following professional members:
(i)
Two (2) speech-language pathologists;
(ii)
Two (2) audiologists; and
(iii)
A fifth member who shall be either a speech-language pathologist or an audiologist.
(C)
There shall be one (1) consumer member who shall not be actively engaged in the practice of speech-language pathology or audiology.
(3)
(A)
One (1) member of the board shall represent the elderly.
(B)
The representative of the elderly shall:
(i)
Be sixty (60) years of age or older;
(ii)
Not be actively engaged in or retired from the practice of speech-language pathology or audiology;
(iii)
Be appointed from the state at large, subject to confirmation by the Senate; and
(iv)
Be a full voting member but shall not participate in the grading of examinations.
(4)
The consumer representative position and the representative of the elderly position may not be filled by the same person.
(c)
A person shall not be eligible to serve more than two (2) full consecutive terms.
(d)
Board members may receive expense reimbursement in accordance with §
25-16-901
et seq.
Amended by Act 2019, No. 910,§ 4905, eff. 7/1/2019.
Amended by Act 2017, No. 540,§ 34, eff. 8/1/2017.
Amended by Act 2015, No. 1100,§ 43, eff. 7/22/2015.
Amended by Act 2013, No. 219,§ 4, eff. 8/16/2013.
Amended by Act 2013, No. 219,§ 3, eff. 8/16/2013.
Acts 1975, No. 277, §§ 3, 6; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; A.S.A. 1947, §§ 6-623 -- 6-626, 72-1803, 72-1806; Acts 1993, No. 121, § 6; 1997, No. 250, § 172; 2001, No. 1553, § 27.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 100 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 17-100-101 — 17-100-402) › Subchapter 2 - BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY (§§ 17-100-201 — 17-100-208) › Section 17-100-202 - Powers and duties

(a)
The Board of Examiners in Speech-Language Pathology and Audiology shall administer, coordinate, and enforce the provisions of this chapter and evaluate the qualifications and supervise the examinations of applicants for licensure under this chapter. The board may issue subpoenas, examine witnesses, and administer oaths and, at its discretion, shall investigate allegations or practices violating the provisions of this chapter.
(b)
(1)
The board shall adopt rules relating to professional conduct commensurate with the policy of this chapter, including, but not limited to, rules which establish ethical standards of practice necessary to the enforcement and orderly administration of this chapter and, for other purposes, may amend or repeal the same in accordance with the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
(2)
The board shall promulgate rules regarding the use of speech-language pathology support personnel by practitioners of speech-language pathology.
(3)
(A)
All rules promulgated pursuant to this section shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees thereof.
(B)
Following their adoption, the rules shall govern and control the professional conduct of every person who holds a license to practice speech-language pathology or audiology in this state.
(c)
The Arkansas Administrative Procedure Act, §
25-15-201
et seq., shall apply to the authority and procedure of the board.
(d)
The board shall conduct hearings and keep records and minutes necessary to the orderly dispatch of its functions. The board shall provide notice to the appropriate persons in a manner it considers appropriate of the times and places of all hearings authorized by this subsection.
(e)
The conferral or enumeration of specific powers elsewhere in this chapter shall not be construed as a limitation of the general functions conferred by this section.
Amended by Act 2019, No. 315,§ 1651, eff. 7/24/2019.
Acts 1975, No. 277, § 4; A.S.A. 1947, § 72-1804; Acts 1993, No. 121, § 7; 1995, No. 826, § 2; 1997, No. 179, § 16.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 100 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 17-100-101 — 17-100-402) › Subchapter 2 - BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY (§§ 17-100-201 — 17-100-208) › Section 17-100-203 - Organization and proceedings

(a)
(1)
The Board of Examiners in Speech-Language Pathology and Audiology shall meet during the first sixty (60) days of each fiscal year to select a chair and other officers for other appropriate purposes. At least one (1) additional meeting shall be held before the end of each calendar year.
(2)
Further meetings may be convened at the call of the Chair of the Board of Examiners in Speech-Language Pathology and Audiology or the written request of any two (2) board members.
(3)
All meetings of the board shall be open to the public, except that the board may close sessions to prepare, approve, grade, or administer examinations or, upon request of an applicant who fails an examination, to prepare a response indicating any reason for his or her failure.
(b)
Four (4) members of the board shall constitute a quorum for all purposes, but in no instance shall a meeting of four (4) board members which does not include both a speech-language pathologist and audiologist be considered a certain quorum.
(c)
The board shall adopt a seal by which it shall authenticate its proceedings. Copies of the proceedings, records, and acts of the board and records and acts signed by the chair or the Executive Secretary of the Board of Examiners in Speech-Language Pathology and Audiology and authenticated by the seal shall be prima facie evidence in all courts of this state.
Acts 1975, No. 277, §§ 3, 5; A.S.A. 1947, §§ 72-1803, 72-1805; Acts 1993, No. 121, § 8.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 100 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 17-100-101 — 17-100-402) › Subchapter 2 - BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY (§§ 17-100-201 — 17-100-208) › Section 17-100-204 - Director

(a)
The Board of Examiners in Speech-Language Pathology and Audiology may employ and discharge, in consultation with the Secretary for the State Board of Health, a Director of the Board of Examiners in Speech-Language Pathology and Audiology as may be necessary to carry out the duties of the board.
(b)
The board shall outline duties and fix compensation of the director in accordance with law.
(c)
The amount of per diem and mileage and expense moneys paid to the director shall be in accordance with applicable law.
Amended by Act 2019, No. 910,§ 4906, eff. 7/1/2019.
Acts 1975, No. 277, § 5; A.S.A. 1947, § 72-1805.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 100 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 17-100-101 — 17-100-402) › Subchapter 2 - BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY (§§ 17-100-201 — 17-100-208) › Section 17-100-206 - Disposition of funds - Reports

(a)
All fees and other funds received by the Board of Examiners in Speech-Language Pathology and Audiology shall be deposited into a bank account in the name of the board in one (1) or more banks in this state and shall be used by the board exclusively for payment to the Department of Health of reasonable and necessary salaries, maintenance, and operating expenses in the performance of duties imposed on the board under the provisions of this chapter or the payment of the salary of the Director of the Board of Examiners in Speech-Language Pathology and Audiology.
(b)
The board shall report monthly to the Department of Health and the Department of Finance and Administration the amount and source of all revenue received by it pursuant to this chapter during the preceding month.
(c)
All appropriate expenses incurred by the board in the administration of the provisions of this chapter shall be paid when vouchers relating to such expenses are exhibited as having been approved by the board.
(d)
(1)
The board shall be financed from income accruing from fees, licenses, and other income collected by the board.
(2)
All expenses, which may include full or partial financing of continuing professional education programs adopted by the board under §
17-100-306
, and the salary of the director shall be paid as budgeted after budgets are approved or within the limitations of any appropriation for that purpose that may be included in any appropriate Arkansas appropriations law.
(3)
All employee salary reimbursement amounts shall be determined by the Department of Health and shall be paid as budgeted after budgets are approved or within the limitations of any appropriation for that purpose that may be included in any appropriate Arkansas appropriations law.
(e)
The board will have the authority to establish and change fees for application, examination, renewal, inactivation, reactivation, and delinquency purposes.
Amended by Act 2019, No. 910,§ 4907, eff. 7/1/2019.
Amended by Act 2013, No. 219,§ 5, eff. 8/16/2013.
Acts 1975, No. 277, §§ 5, 17; A.S.A. 1947, §§ 72-1805, 72-1817.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 100 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 17-100-101 — 17-100-402) › Subchapter 2 - BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY (§§ 17-100-201 — 17-100-208) › Section 17-100-207 - Audiologists - Licensing

(a)
Notwithstanding §
17-84-101
et seq. or any other law to the contrary, a person who is licensed by the Board of Examiners in Speech-Language Pathology and Audiology under §
17-100-301
et seq. as an audiologist in this state shall not be required to be licensed by the Arkansas Board of Hearing Instrument Dispensers.
(b)
The Board of Examiners in Speech-Language Pathology and Audiology shall promulgate rules governing the dispensing of hearing aids by audiologists licensed by the Board of Examiners in Speech-Language Pathology and Audiology, provided that such rules shall be no less stringent than the rules adopted by the Arkansas Board of Hearing Instrument Dispensers for the dispensing of hearing aids.
Amended by Act 2019, No. 315,§ 1652, eff. 7/24/2019.
Amended by Act 2013, No. 219,§ 6, eff. 8/16/2013.
Acts 1991, No. 1171, § 1.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 100 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 17-100-101 — 17-100-402) › Subchapter 2 - BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY (§§ 17-100-201 — 17-100-208) › Section 17-100-208 - Outside investigators

(a)
(1)
The Board of Examiners in Speech-Language Pathology and Audiology shall contract with an outside investigator as needed to perform investigations and conduct inspections of alleged wrongdoing.
(2)
An outside investigator contacted under subdivision (a)(1) of this section shall have expertise or background in the subject matter in which he or she is being contracted to investigate.
(b)
The duties of an investigator hired under this section shall include without limitation investigation and inspection of all complaints, as determined by the board, to determine whether a person has:
(1)
Practiced his or her profession in such a way as to endanger the general health and welfare of the public; or
(2)
Otherwise violated this chapter or rules of the board.
(c)
(1)
The board shall file a report annually on or before December 1 with the Senate Committee on State Agencies and Governmental Affairs and the House Committee on State Agencies and Governmental Affairs for the Senate Committee on State Agencies and Governmental Affairs and the House Committee on State Agencies and Governmental Affairs' review.
(2)
The report shall include:
(A)
The number of complaints that have been filed;
(B)
A list of who has been investigated and the purported violation; and
(C)
A summary of the findings of each investigation.
Added by Act 2023, No. 859,§ 53, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 17 - PROFESSIONS, OCCUPATIONS, AND BUSINESSES (§§ 17-1-101 — 17-107-311) › Subtitle 3 - MEDICAL PROFESSIONS (§§ 17-80-101 — 17-107-311) › Chapter 100 - SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS (§§ 17-100-101 — 17-100-402) › Subchapter 3 - LICENSING (§§ 17-100-301 — 17-100-309) › Section 17-100-301 - License required

(a)
No person shall practice or represent himself or herself as a speech-language pathologist or audiologist in this state unless he or she is licensed in accordance with the provisions of this chapter.
(b)
A license shall be granted either in speech-language pathology or audiology independently. A person may be licensed in both areas if he or she meets the respective qualifications.
Acts 1975, No. 277, § 8; A.S.A. 1947, § 72-1808; Acts 1993, No. 121, § 9.