SECTION 1.
ORGANIZATION AND PROCEDURES OF THE BOARD
1.1 The officers of the Board shall consist
of a Chair, Vice Chair, and Treasurer. Officers shall be elected by members,
with elections to be held annually during the first sixty (60) days of each
fiscal year.
1.2 Committees shall
be appointed by the Chair when such appointments are necessary.
1.3 The Board shall hold at least four (4)
meetings annually, one (1) within sixty (60) days of the beginning of the
fiscal year and one (1) before the end of the calendar year, at a time and
place designated by the Chair. Additional meetings may be called by the Chair
or upon a vote of the majority of the members. The Chair shall designate the
date, time, and place of each meeting of the Board. Notice of the time and
place of each additional meeting shall be transmitted to the Board members and
the press by the Chair at least fifteen (15) days before the meeting is to be
held. When the Chair or a majority of the members calls a meeting under special
circumstances, direct oral or telephone notification shall be given by the
Chair as soon as practical, pursuant to the Arkansas Freedom of Information
Act, before the meeting is to be held.
1.4 Each Board member shall receive per diem
and travel allowance as permitted by applicable state law to attend Board
meetings and to conduct the official business of the Board.
1.5 Ark. Code Ann. §
25-15-201 et
seq. shall govern the Board in all matters in which it is applicable.
1.6 All communications directed to the Board
must be in written form, as a matter of record, before official consideration
will be given to any issue, request, or submission to the Board.
1.7 The Board shall have such forms as are
required for the discharge of its responsibilities.
1.8 Following July 1 each year the Board
shall publish complete lists of the names of all ABESPA licensed
speech-language pathologists and audiologists.
1.9 All applicants shall have access to the
statutes and rules concerning ethical standards of practice and procedures
established by the Board.
SECTION
2.
REQUIREMENTS AND QUALIFICATIONS FOR APPLICATION AND
LICENSURE
2.1 Ark. Code Ann. §
17-100-301
provides for licensure in either Speech-Language Pathology or Audiology
independently.
2.2 To be licensed
in speech-language pathology, an individual must have appropriate academic
training and clinical experience in speech-language pathology; to be licensed
in audiology, an individual must have appropriate academic training and
clinical experience in audiology. Persons in the process of completing the
clinical fellowship experience are eligible for provisional licensure
only.
2.3 To receive licensure in
both areas, an individual must have appropriate academic training and clinical
experience in each area. A degree in "speech-language and hearing" or
"communicative disorders" does not, in itself, qualify an individual for
licensure in both areas.
2.4
Persons desiring licensure or provisional licensure may obtain the necessary
application form from the Arkansas State Board of Examiners in Speech-Language
Pathology and Audiology. The application must be accompanied by the
non-refundable application fee.
2.5
Persons entering the practice of speech-language pathology and/or audiology are
required to submit the application for licensure within the first 30 days of
beginning practice. The Board shall then review and act upon the application at
the next regular Board meeting.
A. Any
applicant who has submitted the completed application form, the application
fee, and a copy of the current American Speech-Language-Hearing Association
(ASHA) certified member card or a letter from ASHA specifying the date of
certification and expiration date may legally practice until action is taken on
the application at the next scheduled Board meeting.
B. Any applicant for provisional licensure
who has submitted the completed application form, the application fee, and the
plan for completion of the clinical fellowship experience signed by a
supervisor who holds a valid Arkansas license in Speech-Language Pathology or
Audiology may legally practice until action is taken on the application at the
next scheduled Board meeting.
C.
Any applicant for a license in Audiology who has submitted the completed
application form, the application fee and either a copy of the current
certified member card or a letter from ASHA specifying the date of
certification and expiration date may legally practice until action is taken on
the application at the next scheduled Board meeting. In addition, any applicant
for a license in audiology who has submitted the completed application form,
the application fee, and either a letter from or The American Board of
Audiology specifying the date of acceptance for certification and expiration
may legally practice until action is taken on the application at the next
scheduled Board meeting.
D. Any
applicant for a license in Audiology who has submitted the completed
application form, the application fee, and letter from the university verifying
completion of the Au.D. may legally practice until action is taken on the
application at the next scheduled Board meeting.
2.6 Applicants for licensure in both
speech-language pathology and audiology shall be required to submit a separate
application for each area with the appropriate fee for each.
2.7 Applicants for licensure must hold a
master's or doctoral degree in communicative disorders (speech language
pathology or audiology) which encompasses the specific educational requirements
equal to those required by a national speech-language pathology and/or
audiology accrediting body recognized by the United States Department of
Education.
A. The applicant shall submit
official transcripts (undergraduate/graduate/doctoral) from one or more
accredited colleges or universities denoting degree conferral. Transcripts
should be sent directly to the Board office from each college or
university.
B. Until the official
transcript is available from the university, the Board will accept a statement
signed by the university program director verifying completion of academic and
clinical practicum requirements for the degree in speech-language pathology or
audiology. The statement must include the date of degree conferral.
2.8 The Board will accept proof of
ASHA Certificate of Clinical Competence granted since January 1, 1993, as
evidence of the required degree (Section 2.7). This may be a letter verifying
the date of certification from the American Speech-Language-Hearing
Association.
2.9 Applicants for a
license in audiology who have not obtained a doctorate in audiology, but hold a
master's degree shall submit evidence of no less than 36 weeks of full-time
professional experience or its part-time equivalent. This experience must be
obtained under the supervision of one or more audiologists who are
licensed.
2.10 Pursuant to Ark.
Code Ann. §
17-100-302, each
applicant for a license in speech-language pathology shall submit evidence of
no less than 36 weeks of full-time professional experience or its part-time
equivalent in the area for which a license is requested. This experience must
be obtained under the supervision of one or more speech-language pathologists
who are licensed under the Act.
A. This
supervision must entail the personal and direct involvement of the supervisor
in any and all ways that will permit him/her to evaluate the applicant's
performance in professional clinical employment and must include some direct
observation. The applicant and his/her supervisor must list and describe the
methods of supervision employed. Specific information should be given regarding
the professional activities supervised, the number of supervisory contacts per
month, and the length of each supervisory contact. This experience must follow
completion of the requirements listed in Ark. Code Ann. §
17-100-302.
B. 36 weeks of full-time (35 hours per week)
experience (or the equivalent part-time experience), totaling a minimum of 1260
hours. Part-time work can be completed, as long as the clinical fellow works
more than 5 hours per week. Working more than 35 hours per week will not
shorten the minimum requirement of 36 weeks.
C. "Professional experience" shall be defined
as direct clinical work with clients, consultation with parents or family,
record keeping related to client care, and any other duties relevant to a
clinical program in speech-language pathology and/or audiology. Time spent in
administration, formal teaching, and research shall not be considered
"professional employment" in this context.
2.11 PROVISIONAL LICENSURE:
Persons who are in the process of completing the professional
experience are eligible for provisional licensure only. Application must
be made within thirty days of beginning the professional experience. A
provisional license is renewable annually, but will expire and shall not be
renewed after 36 months from the initiation of the professional experience.
Each provisional licensee shall submit evidence of completion of the
professional experience, signed by applicant and supervisor. Upon successful
completion of the professional experience and written notification, the
provisional status will be removed. Provisional licensees are entitled to all
the rights and privileges of persons holding a license without provisional
status except they must be supervised as outlined under Section 2.10.
2.12 The Board designates the
professional area examination in Speech-Language Pathology or the professional
area examination in Audiology, offered as part of the Praxis Examination in
Speech Language Pathology and Audiology by the Educational Testing Service
(ETS), Princeton, New Jersey 08540, as the State Licensure Examination for
Speech-Language Pathologists and Audiologists, respectively. Praxis shall set
the pass/fail scores for each examination. Arrangements and fees for all
examinations are the responsibility of the applicant. It shall be the
responsibility of the applicant to assure that his/her score in the appropriate
area examination is made available by ETS to the Board. The Board may defer a
decision on an application until it has considered the examination
score.
2.13 The Board may waive the
examination and grant a license to any applicant who is certified by either the
American Speech-Language-Hearing Association or the American Board of Audiology
in the area for which s/he is applying for licensure, provided that the current
requirements for such certification are equivalent to or greater than those for
licensure under the Act. It shall be the responsibility of the applicant to
furnish proof of his/her certification to the Board. This may be a clear
photocopy of the certified member card or its current equivalent.
2.14 An applicant for licensure under the
reciprocity provision of the Ark. Code Ann. §
17-100-304
may be so licensed if s/he possesses a current license in speech-language
pathology and/or audiology from another state which maintains professional
standards considered by the Board to be equivalent to those set forth in the
Act. Evidence of such licensure shall be provided by the applicant and verified
by the Board's staff.
2.15 Oral
interviews may be required under the provisions of these Rules.
2.16 An applicant licensed in another state
shall provide verification of good standing from the licensing Board of every
state where currently and previously licensed.
2.17 Pre-Licensure Criminal Background Check
A. Pursuant to Act 990 of 2019, an individual
may petition for a pre-licensure determination of whether the individual's
criminal record will disqualify the individual from licensure and whether a
waiver may be obtained. The individual must obtain the pre-licensure criminal
background check petition form from the Board.
B. The Board's Director will respond with a
decision in writing to a completed petition within a reasonable time.
C. The response will state the reasons for
the decision.
D. All decisions in
response to the petition will be determined by the information provided by the
individual.
E. Any decision made in
response to a pre-licensure criminal background check petition is not subject
to appeal.
F. The Board will retain
a copy of the petition and response and it will be reviewed during the formal
application process.
2.18
Waiver Request
A. If an individual has been
convicted of an offense listed in A.C.A. § 17-3-102(a), except those
permanently disqualifying offenses found in subsection (e), the Board may waive
disqualification of a potential applicant or revocation of a license based on
the conviction if a request for a waiver is made by:
i. An affected applicant for a license;
or
ii. An individual holding a
license subject to revocation.
B. The Board may grant a waiver upon
consideration of the following, without limitation:
i. The age at which the offense was
committed;
ii. The circumstances
surrounding the offense;
iii. The
length of time since the offense was committed;
iv. Subsequent work history since the offense
was committed;
v. Employment
references since the offense was committed;
vi. Character references since the offense
was committed;
vii. Relevance of
the offense to the occupational license; and
viii. Other evidence demonstrating that
licensure of the applicant does not pose a threat to the health or safety of
the public.
C. A request
for a waiver, if made by an applicant, must be in writing and accompany the
completed application and fees.
D.
The Board will respond with a decision in writing and will state the reasons
for the decision.
E. An appeal of a
determination under this section will be subject to the Administrative
Procedures Act §
25-15-201
et seq.
2.19 Automatic Licensure for Military
A.
i.
"Automatic licensure" means the granting of occupational licensure without an
individual's having met occupational licensure requirements provided under
Title 17 of the Arkansas Code or by this rule.
ii. As used in this subsection, "uniformed
service veteran" means a former member of the Uniformed Service discharged
under circumstances other than dishonorable.
B. The Board shall grant automatic licensure
to an individual who is the holder in good standing of a license with a similar
scope of practice issued by another state, territory, or district of the U.S.
and is:
i. A uniformed service member
stationed in the State of Arkansas;
ii. A uniformed service veteran who resides
in or establishes residency in the State of Arkansas; or
iii. The spouse of:
(a) A person under 2.19.B.i. or ii;
(b) A uniformed service member who is
assigned a tour of duty that excludes the uniformed service member's spouse
from accompanying the uniformed service member and the spouse relocates to this
state; or
(c) A uniformed service
member who is killed or succumbs to his or her injuries or illness in the line
of duty if the spouse establishes residency in the state.
C. The Board shall grant such
automatic licensure upon receipt of all of the below:
i. Payment of the initial licensure
fee;
ii. Evidence that the
individual holds a license with a similar scope of practice in good standing in
another state; and
iii. Evidence
that the applicant is a qualified applicant under 2.19.B.
D. The expiration date of a license for a
deployed uniform service member or spouse will be extended for one hundred and
eighty (180) days following the date of the uniformed service member's return
from deployment.
E. A full
exemption from continuing education requirements will be allowed for a deployed
uniform service member or spouse until one hundred and eighty (180) days
following the date of the uniformed service member's return from
deployment.
SECTION
7.
DISCIPLINARY ACTION
7.1 The license of any speech-language
pathologist, speech-language pathology assistant, or audiologist may be
suspended or revoked by the Board upon proof that s/he has violated any part of
Ark. Code Ann. §
17-100-307.
7.2 The Board shall follow the provisions of
the Administrative Procedures Act in bringing disciplinary action against a
licensed speech-language pathologist, audiologist, or speechlanguage pathology
assistant.
7.3 Charges against a
licensed speech-language pathologist, SLPA, or audiologist shall be in the form
of a written statement describing the specific violations of ethical practice,
or of the provisions of the Act, or of these Rules. The statement must be
signed and filed with the Board office.
7.4 The individual against whom a charge has
been filed shall have the right to appear before the Board in person or by
counsel. S/he may present witnesses and evidence in his/her behalf and examine
witnesses.
7.5 If, after a hearing,
the Board determines that the individual has committed any act which
constitutes grounds for disciplinary action, the Board may:
a. Refuse to issue or renew a
license;
b. Revoke a
license;
c. Suspend a
license;
d. Issue a
reprimand;
e. Impose a civil
penalty not to exceed $1,000.00 per infraction;
f. Require additional continuing education in
a specified area;
g. Require
community service hours in a specified field;
h. Impose sanctions pursuant to other
applicable state laws.
7.6 To suspend or revoke a license, a
majority of the Board members present must vote in favor of that
action.
7.7 The individual charged
shall be notified of any Board decision(s) by certified or registered mail
immediately following the conclusion of the proceedings. Upon suspension or
revocation of a license, the license must be returned to the Board.
7.8 When an individual's license has been
suspended or revoked, the Board may take legal action to enforce its
decision.
7.9 No sooner than five
(5) years after the date of revocation of a license, a person may again apply
for licensure. The Board may accept or reject an application for licensure and
may impose additional requirements.
7.10 In order for a licensee to complete a
penalty of community service as a sanction, the following restrictions must be
applied:
A. The total number of hours of
assigned service must be documented by the person supervising the site where
the service was performed.
B. The
site where community service is provided must be separate from the licensee's
place of business.
C. The Board
reserves the right to evaluate and either accept or reject the documented hours
presented to them as evidence of completion of the punishment as judged by the
restrictions above.
D. Minor
infractions of the ABESPA law or Rules may be removed from the licensee's
record after two (2) years. Minor infractions include, but are not limited to,
failure to apply within 30 days of beginning practice, failure to respond to a
request for information within the required time, or practicing without a
license following expiration if renewed within 30 days or less. Any sanction
which includes revocation of the license shall remain on the licensee's
record.
SECTION
8.
CODE OF ETHICS
Preamble
The preservation of the highest standards of integrity and
ethical principles is vital to the responsible discharge of obligations in the
professions of speech-language pathology and audiology. This code of ethics
sets forth the fundamental principles and rules considered essential to this
purpose.
Every licensee and applicant shall abide by this Code of
Ethics. Any action that violates the spirit and purpose of this Code shall be
considered unethical. Failure to specify any particular responsibility or
practice in this Code of Ethics shall not be construed as denial of the
existence of such responsibilities or practices.
The fundamentals of ethical conduct are described by Principles
of Ethics and by Rules of Ethics as they relate to responsibility to persons
served, to the public, and to the professions of speech-language pathology and
audiology.
Principles of Ethics, aspirational and inspirational in nature,
form the underlying moral basis for the Code of Ethics. Individuals shall
observe these principles as affirmative obligations under all conditions of
professional activity.
Rules of Ethics are specific statements of minimally acceptable
professional conduct or of prohibitions and are applicable to all
individuals.
8.1 Principle of Ethics
I:
Individuals shall honor their responsibility to hold paramount
the welfare of persons they serve professionally.
Rules of Ethics
A. Individuals shall provide all clinical
services and scientific activities competently.
B. Individuals shall use every resource,
including referral and/or interprofessional collaboration when appropriate, to
ensure that quality service is provided.
C. Individuals shall not discriminate in the
delivery of professional services or in the conduct of research and scholarly
activities on the basis of race or ethnicity, sex, gender identity/gender
expression, age, religion, national origin, sexual orientation, disability,
culture, language, or dialect.
D.
Individuals shall not misrepresent the credentials of aides, assistants,
technicians, support personnel, students, research interns, Clinical Fellows,
or any others under their supervision, and they shall inform those they serve
professionally of the name, role, and professional credentials of persons
providing services.
E. Individuals
who hold an Arkansas license may delegate tasks related to the provision of
clinical services to aides, SLPAs, technicians, support personnel, or any other
persons only if those persons are adequately prepared and are appropriately
supervised. The responsibility for the welfare of those being served remains
with the licensed individual.
F.
Individuals who hold an Arkansas license shall not delegate tasks that require
the unique skills, knowledge, judgment, or credentials that are within the
scope of their profession to aides, SLPAs, technicians, support personnel, or
any nonprofessionals over whom they have supervisory responsibility.
G. Individuals who hold an Arkansas license
may delegate to students tasks related to the provision of clinical services
that require the unique skills, knowledge, and judgment that are within the
scope of practice of their profession only if those students are adequately
prepared and are appropriately supervised. The responsibility for the welfare
of those being served remains with the licensed individual.
H. Individuals shall obtain informed consent
from the persons they serve about the nature and possible risks and effects of
services provided, technology employed, and products dispensed. This obligation
also includes informing persons served about possible effects of not engaging
in treatment or not following clinical recommendations. If diminished decision
-making ability of persons served is suspected, individuals should seek
appropriate authorization for services, such as authorization from a spouse,
other family member, or legally authorized/appointed representative.
I. Individuals shall enroll and include
persons as participants in research or teaching demonstrations only if
participation is voluntary, without coercion, and with informed
consent.
J. Individuals shall
accurately represent the intended purpose of a service, product, or research
endeavor and shall abide by established guidelines for clinical practice and
the responsible conduct of research.
K. Individuals who hold an Arkansas license
shall evaluate the effectiveness of services provided, technology employed, and
products dispensed, and they shall provide services or dispense products only
when benefit can reasonably be expected.
L. Individuals may make a reasonable
statement of prognosis, but they shall not guarantee - directly or by
implication - the results of any treatment or procedure.
M. Individuals who hold an Arkansas license
shall use independent and evidence- based clinical judgment, keeping paramount
the best interests of those being served.
N. Individuals who hold an Arkansas license
shall not provide clinical services solely by correspondence, but may provide
services via telepractice consistent with this rule, professional standards,
and state and federal laws.
O.
Individuals shall protect the confidentiality and security of records of
professional services provided, research and scholarly activities conducted,
and products dispensed. Access to these records shall be allowed only when
doing so is necessary to protect the welfare of the person or of the community,
is legally authorized, or is otherwise required by law.
P. Individuals shall protect the
confidentiality of any professional or personal information about persons
served professionally or participants involved in research and scholarly
activities and may disclose confidential information only when doing so is
necessary to protect the welfare of the person or of the community, is legally
authorized, or is otherwise required by law.
Q. Individuals shall maintain timely records
and accurately record and bill for services provided and products dispensed and
shall not misrepresent services provided, products dispensed, or research and
scholarly activities conducted.
R.
Individuals whose professional practice is adversely affected by substance
abuse, addiction, or other health-related conditions are impaired practitioners
and shall seek professional assistance and, where appropriate, withdraw from
the affected areas of practice.
S.
Individuals who have knowledge that a colleague is unable to provide
professional services with reasonable skill and safety shall report this
information to the appropriate authority, internally if a mechanism exists and,
otherwise, externally.
T.
Individuals shall provide reasonable notice and information about alternatives
for obtaining care in the event that they can no longer provide professional
services.
8.2 Principle
of Ethics II:
Individuals shall honor their responsibility to achieve and
maintain the highest level of professional competence.
Rules of Ethics
A. Individuals who hold an Arkansas license
shall engage in only those aspects of the professions that are within the scope
of their professional practice and competence, considering their licensure
status, education, training, and experience.
B. Individuals who engage in research shall
comply with all institutional, state, and federal rules that address any
aspects of research, including those that involve human participants and
animals.
C. Individuals shall
enhance and refine their professional competence and expertise through
engagement in lifelong learning applicable to their professional activities and
skills.
D. Individuals in
administrative or supervisory roles shall not require or permit their
professional staff to provide services or conduct research activities that
exceed the staff member's licensure or registration status, competence,
education, training, and experience.
E. Individuals in administrative or
supervisory roles shall not require or permit their professional staff to
provide services or conduct clinical activities that compromise the staff
member's independent and objective professional judgment.
F. Individuals shall make use of technology
and instrumentation consistent with accepted professional guidelines in their
areas of practice. When such technology is not available, an appropriate
referral may be made.
G.
Individuals shall ensure that all technology and instrumentation used to
provide services or to conduct research and scholarly activities are in proper
working order and are properly calibrated.
8.3 Principle of Ethics III:
Individuals shall honor their responsibility to the public by
promoting public understanding of the professions, by supporting the
development of services designed to fulfill the unmet needs of the public, and
by providing accurate information in all communications involving any aspect of
the professions.
Rules of Ethics
A. Individuals shall not misrepresent their
credentials, competence, education, training, experience, and scholarly
contributions.
B. Individuals shall
avoid engaging in conflicts of interest whereby personal, financial, or other
considerations have the potential to influence or compromise professional
judgment and objectivity.
C.
Individuals shall not misrepresent research and scholarly activities,
diagnostic information, services provided, results of services provided,
products dispensed, or the effects of products dispensed.
D. Individuals shall not defraud through
intent, ignorance, or negligence or engage in any scheme to defraud in
connection with obtaining payment, reimbursement, or grants and contracts for
services provided, research conducted, or products dispensed.
E. Individuals' statements to the public
shall provide accurate and complete information about the nature and management
of communication disorders, about the professions, about professional services,
about products for sale, and about research and scholarly activities.
F. Individuals' statements to the public
shall adhere to prevailing professional norms and shall not contain
misrepresentations when advertising, announcing, and promoting their
professional services products and when reporting research shall adhere to
prevailing professional standards and shall not contain
misrepresentations.
G. Individuals
shall not knowingly make false financial or nonfinancial statements and shall
complete all materials honestly and without omission.
8.4 Principle of Ethics IV:
Individuals shall honor their responsibilities to the
professions and their relationships with colleagues, students, and members of
allied professions. Individuals shall uphold the dignity and autonomy of the
professions, maintain harmonious interprofessional and intraprofessional
relationships, and accept the professions' self-imposed standards.
Rules of Ethics
A. Individuals shall not knowingly allow
anyone under their supervision to engage in any practice that violates the Code
of Ethics.
B. Individuals shall not
engage in any form of conduct that adversely reflects on the professions or on
the individual's fitness to serve persons professionally.
C. Individuals shall not engage in
dishonesty, negligence, fraud, deceit, or misrepresentation.
D. Individuals shall assign credit only to
those who have contributed to a publication, presentation, process, or product.
Credit shall be assigned in proportion to the contribution and only with the
contributor's consent.
E.
Individuals' statements to colleagues about professional services, research
results, and products shall adhere to prevailing professional standards and
shall contain no misrepresentations.
F. Individuals shall exercise independent
professional judgment in recommending and providing professional services when
an administrative mandate, referral source, or prescription prevents keeping
the welfare of persons served paramount.
G. Individuals shall not discriminate in
their relationship with colleagues, SLPAs, students, support personnel, and
members of other professions and disciplines on the basis of race, ethnicity,
sex, gender/identity, gender/expression, age, religion, national origin, sexual
orientation, culture, language, dialect, socioeconomic status, or
disability.
H. Individuals with
evidence that the Code of Ethics may have been violated have the responsibility
to work collaboratively to resolve the situation where possible or to inform
the Arkansas Board of Examiners in Speech Pathology and Audiology through its
established procedures.
I.
Individuals making and responding to complaints shall comply fully with the
policies of the Arkansas Board of Examiners in Speech-Language Pathology and
Audiology in its consideration, adjudication, and resolution of complaints of
alleged violations of the Code of Ethics.
J. Individuals shall reference the source
when using other persons' ideas, research, presentations, results, or products
in written, oral, or any other media presentation or summary. To do otherwise
constitutes plagiarism.
K.
Individuals shall work collaboratively, when appropriate, with members of one's
own profession and/or members of other professions to deliver the highest
quality of care.
L. Applicants for
licensure and individuals making disclosures shall not knowingly make false
statements and shall complete all application and disclosure materials honestly
and without omission.
M.
Individuals shall not engage in sexual activities with individuals (other than
a spouse or other individual with whom a prior consensual relationship exists)
over whom they exercise professional authority or power, including persons
receiving services, SLPAs, students, or research participants.
N. Individuals shall not engage in any form
of harassment, power abuse, or sexual harassment.
O. Individuals shall report members of other
professions who they know have violated standards of care to the appropriate
professional licensing authority or board, other professional regulatory body,
or professional association when such violation compromises the welfare of
persons served and/or research participants.
P. Individuals shall not file or encourage
others to file complaints that disregard or ignore facts that would disprove
the allegation; the Code of Ethics shall not be used for personal reprisal, as
a means of addressing personal animosity, or as a vehicle for
retaliation.
Q. Individuals
involved in ethics complaints shall not knowingly make false statements of fact
or withhold relevant facts necessary to fairly adjudicate the
complaints.
R. Individuals shall
comply with local, state, and federal laws applicable to professional practice,
research ethics, and the responsible conduct of research.
S. Individuals who have been convicted, been
found guilty, or entered a plea of guilty or nolo contendere to (1) any
misdemeanor involving dishonesty, physical harm or the threat of physical harm
to the person or property of another, or (2) any felony, shall self-report by
notifying the Arkansas Board of Examiners in Speech Pathology and Audiology in
writing within 30 days of the conviction, plea, or finding of guilt.
Individuals shall also provide a certified copy of the conviction, plea, nolo
contendere record, or docket entry to ABESPA within 30 days of
self-reporting.
T. Individuals who
have been publicly sanctioned or denied a license or a professional credential
by any professional association, professional licensing authority or board, or
other professional regulatory body shall self-report by notifying ABESPA in
writing within 30 days of the final action or disposition. Individuals shall
also provide a certified copy of the final action, sanction, or disposition to
ABESPA within 30 days of self-reporting.
SECTION 9.
CONTINUING PROFESSIONAL
EDUCATION (CPE)
9.1 Continuing
Professional Education in Speech-Language Pathology and Audiology Ark. Code
Ann. §
17-100-306
shall consist of a series of planned learning experiences beyond the
educational programs that have led to the degree that qualifies one for
licensure. The licensee must participate in CPE activities of at least
ten (10) clock hours for each license period. At least five (5) of
these hours must be in Content Area I. Dual licensees must complete
fifteen (15) clock hours with a minimum of
five (5) hours in
each discipline from Content Area I. Renewal of a license shall be
contingent upon the licensee fulfilling the CPE requirements, submitting an
annual CPE report, and maintaining evidence for possible audit. (See Section
13.10 A.6 for SLPA requirements)
The Board may pre-approve continuing education programs. It is
the licensee's responsibility to obtain continuing education which meets the
guidelines specified in this rule. The Board retains final authority for
acceptance of any educational activity submitted by the licensee to meet
requirements. Continuing education can be obtained through (1) live
presentations (2) college courses {one credit hour = 15 clock hours} (3) online
activities with written documentation of completion, or (4) selfstudy.
Self-study is defined as any activity completed by the licensee alone such as a
book or video. Any re-play of a live conference is also considered self-study.
The ABESPA self-study report (available online) must be completed for these
activities. The Board retains final authority for acceptance of any educational
activity submitted by the licensee to meet requirements.
CONTENT AREA I:
(a)
Anatomic and physiologic bases for the normal development and use of speech,
language, communication, swallowing, hearing and balance/vestibular
systems;
(b) Physical bases and
processes of the production and perception of speech, language, communication,
swallowing, hearing and balance/vestibular systems;
(c) Linguistic and psycho-linguistic
variables related to normal development and use of speech, language and
hearing;
(d) Technological,
biomedical, engineering and instrumentation information related to basic
communication processes, swallowing, balance/vestibular disorders and cerumen
management;
(e) Various types of
communication disorders, swallowing disorders, balance/vestibular disorders,
and their manifestations, classifications, and causes;
(f) Evaluation skills, including procedures,
techniques, and instrumentation for assessment;
(g) Principles and procedures in habilitation
and rehabilitation of communication disorders swallowing and balance/vestibular
disorders;
CONTENT AREA II: (Must relate to the practice of
Speech-Language Pathology and/or Audiology)
(a) Regulations and implementation of federal
and/or state regulated programs;
(b) Service delivery such as telepractice,
group versus individual services, use of support staff;
(c) Ethical practices;
(d) Supervision related to speech-language
pathology and audiology students, clinical fellows, SLPAs, and aides;
(e) Related disciplines which interface with
delivery of speech-language pathology and audiology services;
(f) Reimbursement issues;
(g) Behavior management;
9.2 Each licensee will file a report of
Continuing Professional Education each year with the renewal fee.
9.3 Annually, the Board will select licensees
for audit. During an audit, the Board may request verification of CPEs
submitted, including information regarding date, content, attendance, and
number of hours. It is the responsibility of the licensee to maintain records
to substantiate compliance. The Board shall be the final authority on
acceptance of any educational activity submitted by the licensee to meet
requirements. Failure to substantiate Continuing Professional Education hours,
when audited, may result in disciplinary action. Documentation may include, but
is not limited to the following:
A. Program
notes, outlines, or hand-outs
B.
Independent study notes on the self-study report
C. Transcripts from college/university
courses
D. Certificates of
attendance, including registry transcripts or CE tally sheets
9.4 Provisional and full licensees
are not required to complete a report of continuing professional education and
will not be audited during the initial licensing year; however, a licensee in a
clinical fellowship that lasts longer than one (1) year shall submit a
continuing professional education report that documents a minimum of ten (10)
hours for the licensing period that follows that first year. There is no
exemption for the year in which the provisional license is converted to a full
license unless it occurs in the initial licensing year.
9.5 Individuals who have inactive status are
not required to submit a CPE report
9.6 The Board will accept, but not be limited
to the following activities, that fall within Content Areas I and II:
A. Attending scientific or educational
lectures, workshops, webinars, seminars, college courses, or online
courses.
B. Independent study of
journals, books, videotapes, audiotapes, or online courses.
C. Any CPE offered through national speech
pathology and/or audiology organizations.
9.7 Notification of Audit and Penalties
A. A notice will be sent to all audited
licensees advising that documentation must be in the possession of the Board by
a specified date.
B. Licensees who
submit audit materials after the deadline will be assessed a $50.00 per month
late penalty.
C. A committee of the
Board will review the audit materials and make recommendations for action to
the full Board.
D. Failure to
comply with the audit request will result in formal disciplinary
action.
SECTION
10. RULES FOR AUDIOLOGISTS WHO DISPENSE HEARING AIDS
10.1 The facility shall include EITHER a
sound room of appropriate size which meets or exceeds ANSI standards of ambient
noise levels for test environments OR instruments for the measurement of
hearing aid performance on the ear of the patient. Equipment shall also include
instruments for the electroacoustic measurement of hearing aid characteristics.
All equipment shall be calibrated and maintained annually.
10.2 Prior to hearing aid fitting
A. All patients under the age of 12 months
who have failed two (2) screenings in the absence of indicators of external
and/or middle ear abnormalities, should receive a battery of audiological tests
to minimally include a case history, high frequency tympanometry, otoacoustic
emissions (OAE), and click and toneburst auditory brainstem responses (ABR).
For those patients five months of age or older, developmentally appropriate
behavioral assessment is also recommended.
B. All patients 12 to 24 months should
receive a battery of audiological tests to minimally include a case history,
otoscopy, tympanometry and behavioral pure-tone threshold assessment
appropriate to the patient's developmental abilities. Acoustic reflex testing,
OAE, and ABR, although not mandatory, are also considered appropriate to the
test protocol. These tests should not, however, replace behavioral threshold
assessment unless the patient is physically or developmentally unable to
perform behavioral testing.
C. All
patients 25 months and older should receive a battery of audiological tests to
minimally include a case history, otoscopy, tympanometry, pure-tone air and
bone conduction, speech reception threshold and word recognition assessment.
Measures of acoustic reflexes and loudness discomfort levels, although not
mandatory, are considered appropriate to the testing protocol. Exceptions to
this battery include patients who are physically or developmentally unable to
perform these tasks.
10.3
Evaluation of hearing aids must be performed with the hearing aids on the
patient. This shall be accomplished EITHER in sound field OR with instruments
which objectively measure hearing aid performance with appropriate prescriptive
techniques to account for the different means of programming the hearing aid.
The preferred verification method of fitting is to use probe microphone
measures in conjunction with the patient's ear, ear mold, and personal
amplification system. A real ear to coupler difference (RECD) can be obtained
and probe tube measurement performed in a coupler if a patient is unwilling to
tolerate probe microphone measurement in the ear. A prescriptive measure
addressing gain should be in place to address the possibility of over- or
underestimating gain until the patient is five (5) years of age.
10.4 First time hearing aid users under the
age of 18 years MUST receive medical evaluation and clearance from an
otolaryngologist within 6 months prior to being fitted with a hearing aid.
First time hearing aid users 18 years or older MUST be advised of the
desirability of a medical evaluation. First time hearing aid users 18 years or
older should be referred to a physician, preferably one specializing in
disorders of the ear if any of the following conditions are present:
* Visible deformities of the ear since birth or from
injury
* Fluid, pus, or blood coming out of the ear within the
previous 3 months
* Sudden, quickly worsening, or fluctuating hearing loss within
the previous 3 months
* Dizziness
* Hearing loss in only one ear or a large difference in hearing
between ears
* Ear wax build up or feeling that something is in the ear
canal
* Pain or discomfort in the ear
* Tinnitus or ringing in one or both of ears.
10.5 Appropriate educational counseling
relative to use, care and maintenance of the amplification device will be
provided at the time the device is fitted. Rehabilitation and management,
including appropriate referrals, should be provided.
10.6 The patient must be given a minimum of
30 days to achieve user satisfaction. If satisfaction is unattainable during
this period and the device is returned in satisfactory condition, moneys paid
for the device shall be refunded. Terms of the 30-day user satisfaction
agreement, including non-refundable professional fees, will be fully explained
at the time of fitting. The patient must be provided with information required
by federal and state guidelines relative to the device(s) dispensed.
10.7 Fitting outside of the dispensing
facility is considered acceptable when the testing protocol outlined in Section
10.1, 10.2, 10.3 and 10.4 is met.
10.8 The Arkansas Board of Examiners in
Speech-Language Pathology and Audiology may periodically request written
documentation regarding adherence to these rules from the dispensing
audiologists.
SECTION 11.
SCOPE OF PRACTICE
Preamble
The purpose of this statement is to define the scope of
practice of speech-language pathology and audiology in order to (1) inform
persons of activities for which licensure in the appropriate area is required,
and (2) to educate health-care and education professionals, consumers, and
members of the general public of the services offered by speech-language
pathologists and audiologists as qualified providers.
The scope of practice defined here, and the areas specifically
set forth, are part of an effort to establish the broad range of services
offered within the profession. It is recognized, however, that levels of
experience, skill and proficiency with respect to the activities identified
within the scope of practice will vary among the individual providers.
Similarly, it is recognized that related fields and professions may have
knowledge, skills, and experience which may be applied to some areas within the
scope of practice. Notwithstanding, these rules strictly govern the practice
described herein of speech-language pathology and audiology. By defining the
scope of practice of speech-language pathologists and audiologists, there is no
intention to exclude members of other professions or related fields from
rendering services in common practice areas for which they are competent by
virtue of their respective disciplines.
Finally, it is recognized that speech-language pathology and
audiology are dynamic and continuously developing practice areas. In setting
forth some specific areas as included with the scope of practice, there is no
intention that the list be exhaustive or that other, new, or emerging areas be
precluded from being considered as within the scope of practice.
11.1 The practice of speech-language
pathology includes:
A. providing prevention,
screening, consultation, assessment and diagnosis, treatment, intervention,
management, counseling, and follow-up services for disorders of:
1. speech (i.e., articulation, fluency,
resonance, and voice including aeromechanical components of
respiration);
2. language (i.e.,
phonology, morphology, syntax, semantics, and pragmatic/social aspects of
communication) including comprehension and expression in oral, written,
graphic, and manual modalities; language processing, preliteracy and
language-based literacy skills, including phonological awareness;
3. swallowing or other upper aerodigestive
functions such as infant feeding and aeromechanical events (evaluation of
esophageal function is for the purpose of referral to medical
professionals);
4. cognitive
aspects of communication (e.g., attention, memory, problem solving, executive
functions);
5. sensory awareness
related to communication, swallowing, or other upper aerodigestive
functions.
B.
Establishing augmentative and alternative communication techniques and
strategies including developing, selecting, and prescribing of such systems and
devices (e.g., speech generating devices).
C. Providing services to individuals with
hearing loss and their families/caregivers (e.g., auditory training,
speechreading, speech and language intervention secondary to hearing loss,
visual inspection and listening checks of amplification devices for the purpose
of troubleshooting, including verification of appropriate battery
voltage).
D. Screening hearing of
individuals who can participate in conventional pure-tone air conduction
methods, screening with optoacoustic emissions, and for middle ear pathology
through screening tympanometry for the purpose of referral of individuals for
further evaluation and management.
E. Using instrumentation (e.g.,
videofluoroscopy, EMG, nasendoscopy, stroboscopy, computer technology) to
observe, collect data, and measure parameters of communication and swallowing,
or other upper aerodigestive functions in accordance with the principles of
evidence-based practice.
F.
Selecting, fitting, and establishing effective use of prosthetic/adaptive
devices for communication, swallowing, or other upper aerodigestive functions
(e.g., tracheoesophageal prostheses, speaking valves, electrolarynges). This
does not include sensory devices used by individuals with hearing loss or other
auditory perceptual deficits.
G.
Collaborating in the assessment of central auditory processing disorders and
providing intervention where there is evidence of speech, language, and/or
other cognitive communication disorders.
H. Educating and counseling individuals,
families, co-workers, educators, and other persons in the community regarding
acceptance, adaptation, and decision making about communication, swallowing, or
other upper aerodigestive concerns.
I. Advocating for individuals through
community awareness, education, and training programs to promote and facilitate
access to full participation in communication, including the elimination of
societal barriers.
J. Collaborating
with and providing referrals and information to audiologists, educators, and
health professionals as individual needs dictate.
K. Addressing behaviors (e.g., perseverative
or disruptive actions) and environments (e.g., seating, positions for
swallowing safety or attention, communication opportunities) that affect
communication, swallowing, or other upper aerodigestive functions.
L. Providing services to modify or enhance
communication performance (e.g., accent modification, transgendered voice, care
and improvement of the professional voice, personal/professional communication
effectiveness).
M. Recognizing the
need to provide and appropriately accommodate diagnostic and treatment services
to individuals from diverse cultural backgrounds and adjust treatment and
assessment services accordingly.
11.2. The practice of audiology includes:
A. Facilitating the conservation of auditory
system function; developing and implementing environmental and occupational
hearing conservation programs;
B.
Screening, identifying, assessing and interpreting, diagnosing, preventing, and
rehabilitating peripheral and central auditory and peripheral and central
vestibular system dysfunctions;
C.
Providing and interpreting behavioral and (electro) physiological measurements
of auditory and vestibular & facial nerve functions;
D. Selecting, fitting, programming, and
dispensing of amplification, assistive listening and alerting devices and other
systems (e.g., implantable devices) and providing training in their
use;
E. Providing aural
rehabilitation and related counseling services to individuals with hearing loss
and their families;
F. Screening of
speech-language, cognition and other factors affecting communication
function;
G. Interpreting results,
implementing, and monitoring newborn hearing screening programs;
H. Providing consultation to educators,
industry, consumers, and families and the general public about the hearing and
balance systems, hearing loss, and hearing conservation;
I. Advocating for individuals through
community awareness, education, and training programs to promote and facilitate
access to full participation in communication, including the elimination of
societal barriers;
J. Providing
education and administration in audiology and professional education
programs;
K. Cerumen management to
prevent obstructions of the external ear canal and of amplification
devices.
SECTION
12.
TELEPRACTICE
12.1 Definitions
A. "Distant site" means the location of the
licensee delivering services through telepractice at the time the services are
provided;
B.
(i) "Originating site" means a site at which
a patient is located at the time healthcare services are provided to him or her
by means of telepractice.
(ii)
"Originating site" includes the home of a patient;
C.
(i)
"Professional relationship" means at a minimum a relationship established
between a licensee and a patient when:
(a) The
licensee has previously conducted an in-person examination of the patient and
is available to provide appropriate follow-up care, when necessary, at
medically necessary intervals;
(b)
The licensee personally knows the patient and the patient's relevant health
status through an ongoing personal or professional relationship and is
available to provide appropriate follow-up care, when necessary, at
therapeutically necessary intervals;
(c) The treatment is provided by a licensee
in consultation with, or upon referral by, another healthcare professional who
has an ongoing professional relationship with the patient and who has agreed to
supervise the patient's treatment, including follow-up care;
(d) An on-call or cross-coverage arrangement
exists with the patient's regular treating healthcare professional or another
healthcare professional who has established a professional relationship with
the patient;
(e) A relationship
established under rules of the Arkansas State Medical Board may be utilized for
telepractice certification; or
(f)
(1) The licensee has access to a patient's
personal health record maintained by a healthcare professional and uses any
technology deemed appropriate by the licensee, including the telephone, with a
patient located in Arkansas to diagnose and treat the patient.
(2) For purposes of this subchapter, a health
record may be created with the use of telepractice and consists of relevant
clinical information required to treat a patient, and is reviewed by the
licensee who meets the same standard of care for a telepractice visit as an
in-person visit;
(ii) "Professional relationship" does not
include a relationship between a licensee and a patient established only by the
following:
(1) An internet
questionnaire;
(2) An email
message;
(3) Patient-generated
medical history;
(4) Text
messaging;
(5) A facsimile machine;
or
(6) Any combination of means
listed in subdivisions (c)(1)-(5) of this section.
D. "Remote patient monitoring"
means the use of synchronous or asynchronous electronic information and
communication technology to collect personal health information and medical
data from a patient at an originating site that is transmitted to a licensee at
a distant site for use in the treatment and management of medical conditions
that require frequent monitoring;
E. "Store-and-forward technology" means the
asynchronous transmission of a patient's medical information from a healthcare
professional at an originating site to a licensee at a distant site;
F. "Telepractice" includes store-and-forward
technology and remote patient monitoring; and
G. "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.
12.2 Appropriate
Use of Telepractice
A. A professional
relationship must be established in accordance with this rule before the
delivery of services via telepractice.
B. If a decision is made to provide
healthcare services through telepractice, the licensee accepts responsibility
and liability for the care of the patient.
C. The practice of speech-language pathology
or audiology via telepractice shall be held to the same standards of care as
traditional in-person encounters.
D. Once a professional relationship is
established, a licensee may provide healthcare services through telepractice,
including interactive audio, if the healthcare services are within the
licensee's scope of practice and the healthcare services otherwise meet the
requirements of the Board's statutes and this rule.
E. A licensee shall follow applicable state
and federal law, rules, and regulations for:
(i) Informed consent;
(ii) Privacy of individually identifiable
health information;
(iii) Medical
recordkeeping and confidentiality; and
(iv) Fraud and abuse.
12.3 Delivery of Services via
Telepractice
A. The licensee must obtain a
detailed explanation of the patient's condition from the patient or the
patient's treating healthcare professional.
B. If follow-up care is indicated, the
licensee must agree to provide or arrange for such follow-up care.
C. The licensee must keep a documented record
of services provided via telepractice just as the licensee would for an
in-person encounter.
D. At the
patient's request, the licensee must make available to the patient an
electronic or hardcopy version of the patient's record documenting the
encounter. Additionally, unless the patient declines to consent, the licensee
must forward a copy of the record of the encounter to the patient's regular
treating healthcare professional if that healthcare professional is not the
same one delivering the service via telepractice.
E. Services must be delivered in a
transparent manner, including providing access to information identifying the
licensee in advance of the encounter, with licensure and board certifications,
as well as patient financial responsibilities.
F. If the patient, at the recommendation of
the licensee, needs to be seen in person, the licensee must arrange to see the
patient in person or direct the patient to their regular treating healthcare
professional or other appropriate provider if the patient does not have a
treating healthcare professional. Such recommendation shall be documented in
the patient's treatment record.
G.
All healthcare professionals providing care via telepractice to a patient
located within the State of Arkansas shall be licensed by the Board.
12.4 Supervision
A. Supervision of SLPAs may be done through
telepractice as long as client confidentiality can be maintained.
B. Supervision rules shall remain the same as
those stated for SLPAs.
SECTION 13.
RULES GOVERNING
REGISTRATION OF SPEECH- LANGUAGE PATHOLOGY ASSISTANTS
13.1 The purpose of this rule is to set
minimum qualifications for the registration and supervision of speech- language
pathology assistants (SLPA's) by the Arkansas Board of Examiners in
SpeechLanguage Pathology and Audiology (ABESPA) as specified in Ark. Code Ann.
§
17-100-103
to -104.
13.2 The provisions of
this section shall not apply to any student, intern, or trainee performing
speechlanguage pathology services while completing supervised clinical
experience as part of an accredited college or university training
program.
13.3 This rule also
provides for the Division of Elementary and Secondary Education (DESE), in
accordance with its statutory, general supervision authority over public
agencies which provide educational services to children with disabilities birth
to twenty-one years of age, in conjunction with the Department of Human
Services (DHS), Developmental Disabilities Services (DDS), to regulate
speech-language pathology assistants and aides performing duties in such
programs. DESE will provide ABESPA, upon request, any reports and/or records
with regard to these individuals in the performance of their duties as may be
necessary to ensure compliance with established standards.
13.4 The utilization of speech-language
pathology-aides in other practice settings is prohibited unless specifically
approved by ABESPA for study purposes.
13.5 Nothing in these rules prohibits other
individuals from performing non-clinical duties such as patient transport or
positioning, room preparation, construction, preparation or repair of treatment
materials, or clerical activities.
13.6 Nothing in these rules shall be
construed as preventing or restricting a person who provides parenting and
daily living skills for enrichment purposes from performing as "direct care
staff" at residential programs, such as Human Development Centers, or as
"paraprofessionals" who provide direct student supervision and instructional
support to classroom teachers in public agencies providing educational services
to children, such as public schools.
13.7 For all purposes, ABESPA retains
regulatory authority for speech-language pathology services, unless
specifically exempted by statute. The Board may at any time, for good cause,
revoke all exceptions and exemptions, granted in these rules; and at such time
may require registration of all SLPA's and SLP-Aides through ABESPA.
13.8 DEFINITIONS
A. SPEECH-LANGUAGE PATHOLOGY ASSISTANT - An
SLPA is an individual who, following academic and on-the-job training, performs
tasks as prescribed, directed, and supervised by licensed speech-language
pathologists.
B. SPEECH-LANGUAGE
PATHOLOGY AIDE - A speech-language pathology aide (SLP-Aide) is an individual
with a high school diploma and on the job training who performs tasks as
prescribed, directed, and supervised by licensed speech-language
pathologists.
C. SUPERVISING
SPEECH-LANGUAGE PATHOLOGIST - A speech-language pathologist who holds a current
Arkansas license and has two (2) years of professional experience as a
speech-language pathologist, following successful completion of the clinical
fellowship experience (See Section 2.10) may be approved by ABESPA as a
supervising speechlanguage pathologist.
D. DIRECT SUPERVISION - Direct supervision
means on-site, in-view observation and guidance by a speech-language
pathologist while an assigned activity is performed by support personnel.
Direct supervision performed by the SLP may include, but is not limited to, the
following: observation of a portion of the screening or treatment procedures
performed by the SLPA, coaching the SLPA, and modeling for the SLPA. The
supervising SLP must be physically present during all services provided to a
medically fragile client by the SLPA (e.g. general and telepractice). The SLP
can view and communicate with the patient and SLPA live via real time
telepractice technology to supervise the SLPA, giving the SLP the opportunity
to provide immediate feedback. This does not include reviewing a taped session
later.
E. INDIRECT SUPERVISION -
Indirect supervision means those activities other than direct observation and
guidance conducted by a speech-language pathologist that may include
demonstration, record review, review and evaluation of audio or videotaped
sessions, and/or interactive television.
F. SCREENING - A pass-fail procedure to
identify people who may require further assessment.
G. SLPA - abbreviation for speech pathology
assistant.
13.9
REGISTRATION OF SPEECH-LANGUAGE PATHOLOGY ASSISTANTS
A.
1. To
register as an SLPA under Ark. Code Ann. §
17-100-202(b)(2),
an individual shall submit an application for registration to ABESPA.
2. An individual shall register with the
Division of Elementary and Secondary Education (DESE) if that individual
intends to perform the duties of an SLPA in a public agency that provides
educational services to children with disabilities birth to twenty-one years of
age under the general supervision of DESE. Section 13.9, subsections B, C, and
D shall not apply to those individuals.
B.
1. This
application must be approved before employment of the SLPA can begin. At no
time may an SLPA work without both a current approved registration and approved
supervisor.
2. The ABESPA
application shall be completed by both the prospective SLP supervisor and the
prospective SLPA.
3. The
prospective SLP supervisor and the prospective SLPA must attend an initial
training session prior to registration approval.
C. The following must be submitted in the
registration process.
1. An application
obtained from the Board office which shall contain:
(a) Specific information regarding personal
data, employment and nature of professional practice, social security number,
other state licenses and certifications held, disciplinary proceedings, felony
and misdemeanor convictions.
(b)
Educational background including an original or certified copy of transcript(s)
showing evidence of a bachelor's degree in speech-language pathology or
required academic training as specified in Requirements for a Speech-Language
Pathology- Assistant, Section 13.10, subsection A.2.
(c) A statement that the applicant for SLPA
and supervising speech-language pathologist have read Ark. Code Ann. §
17-100-103
to -104 and the Board rules, and that they agree to abide by them.
(d) A statement that the applicant
understands that fees submitted in the registration process are
non-refundable.
(e) The dated
signature of the applicant.
2. A supervisory responsibility statement
form obtained from the Board office which contains:
(a) The name, address, employer, area of
licensure, and license number of the supervisor.
(b) The employment history substantiating at
least two (2) years of clinical experience, after completion of the clinical
fellowship experience (CFY), of the supervising speech- language
pathologist.
(c) A statement that
the supervisor is responsible for notifying the Board office within 10 working
days of any change in the supervisory arrangements.
(d) A list of facilities in which the SLPA
will be utilized. The location of work settings must be kept current. Any
change must be reported in writing to ABESPA within twenty-one (21) days. Based
on information received, the Board may limit the number of practice
sites.
(e) The dated signature of
the supervisor.
D. If the application process for
registration is not completed within twelve (12) months, the application shall
be considered abandoned and a new application must be submitted.
13.10 REQUIREMENTS FOR A
SPEECH-LANGUAGE PATHOLOGY ASSISTANT
A. An SLPA
shall:
1. Complete a bachelor's degree in
communication sciences and disorders from a regionally or nationally accredited
institution and 25 hours of observation, which is described in Section
13.10.B.1.b.vi.; OR
2. Complete an
SLPA program (two-year minimum), which meets the requirements described in
Section 13.10.B., from a regionally or nationally accredited institution (e.g.,
an associate's degree from a community college, a technical training program, a
certificate program, or a bachelor's degree) and 100 hours of fieldwork;
OR
3. C-SLPA from ASHA.
B. An SLPA program under Section
13.10.A.2. shall meet the specified curriculum content and fieldwork experience
listed below. Applicants from out-of-state will be reviewed on a case-by-case
basis to ensure equivalency.
1. Curriculum
Content
The curriculum content shall include, unless otherwise
permitted by ABESPA, 60 semester credit hours with the following
content:
(a) General education (20-40
semester credit hours)
The general education sequence should include, but is not
limited to, coursework in:
i. Oral and
written communication skills demonstrated to meet the level of workplace
standards expected for the field of speech-language pathology;
ii. Mathematics, including at least one
course in general mathematics, business mathematics, accounting, algebra,
statistics, or higher level mathematics;
iii. Technology, including computer literacy,
word processing, web-based applications, or managing digital audio and video
files; and
iv. Social and natural
sciences, including psychology, sociology, biology, and/or human anatomy and
physiology, physics or other sciences, as applicable.
(b) Technical knowledge (20-40 semester
credit hours)
Course content must provide students with background
information in communication disorders, technical knowledge to assume the job
responsibilities, core technical skills for SLPAs, and shall include the
following:
i. Overview of normal
processes of communication including normal speech, language, communication and
hearing development; phonetics; and communication across the
lifespan;
ii. Overview of
communication disorders including introduction/survey to communication
disorders and coursework in both speech disorders and language
disorders;
iii. Instruction in
assistant-level service delivery practices including technical procedures for
SLPA's, ethics for the practice of speech-language pathology, and procedures
and processes about assisting the speech-language pathologist;
iv. Instruction in workplace behaviors,
including
a. Relating verbally and nonverbally
to clients/caregivers in a pragmatic, supportive, and appropriate manner that
considers the development, educational, cultural, and communication needs of
these individuals;
b. Accepting and
implementing the supervisor's feedback and instructions and seeking
clarification as needed;
c.
Maintaining confidentiality and ensuring the security of client information and
records at all times;
d.
Communicating effectively in oral and written formats that conform to
speech-language pathology workplace standards of intelligibility and legibility
and are consistent with state and federal regulations and instructions from the
supervising speech-language pathologist;
e. Following health and safety precautions,
including universal precautions and other workplace procedures designed to
provide a safe environment for clients and others.
v. Cultural and linguistic factors in
communication, including one or more of the following: language and culture,
interpersonal communication (verbal and nonverbal), sign language and other
manually coded systems, bilingualism or other multicultural issues;
and
vi. Observation. Observation
experiences include direct, on-site observation of an ASHA-certified
speech-language pathologist. Additional observation experiences may include
pre-approved (by the supervising speech-language pathologist) on-site or video
observation of an ASHA-certified speech-language pathologist.
2. Fieldwork Experience
This training shall be supervised by a speech-language
pathologist who holds a current and valid license from ABESPA or the ASHA
Certificate of Clinical Competence (CCC) in speech-language pathology. These
experiences are not intended to develop independent practice.
C. Additional Requirements:
1. An SLPA shall not begin work before the
registration application has been approved nor may the SLPA continue work after
the registration has expired.
2. An
SLPA shall be employed in a setting in which direct and indirect supervision
are provided on a regular and systematic basis by an approved supervising
speech-language pathologist.
3. An
SLPA shall wear a name tag at all times during employment identifying title as
registered speech- language pathology assistant. The title must contain the
entire word "assistant" and not an abbreviation. Facilities may apply to ABESPA
for exemption from this requirement.
D. Continuing Education
1. An SLPA shall meet continuing education
requirements which total at least one (1) hour for every month of registration
(maximum of ten [10] hours per fiscal year). Activities must pertain to the
Scope of Responsibilities of the assistant (Section 13.15). At least five (5)
of the hours must fall within Content Area I as defined below:
(a) Content Area I for Assistants
i. Normal development and use of speech,
language, and hearing;
ii.
Speech-therapy treatment strategies for communicative disorders such as
stuttering, language, articulation, feeding, and augmentative/alternative
communication.
NOTE: SLPA's DO NOT develop treatment plans. They follow
treatment plans developed by the supervising speech-language
pathologist.
iii. Evaluation
techniques for communicative disorders such as stuttering, language,
articulation, feeding, and augmentative/alternative communication.
NOTE: SLPA's DO NOT conduct or interpret evaluations. They may
assist the supervising speech-language pathologist in
evaluations/screenings.
iv.
Treatment and evaluation of reading and writing difficulties as they relate to
communication.
NOTE: SLPA's DO NOT conduct or interpret evaluations. They may
assist the supervising speech-language pathologist in
evaluations/screenings.
v.
Various types of disorders of communication, their manifestations,
classification and cause.
(b) Content Area II for Assistants
i. Regulations and implementation of federal
and/or state regulated programs
ii.
Service delivery models
iii.
Ethical practices
iv. Related
disciplines which interface with delivery of speech-language pathology and
audiology services
v. Reimbursement
issues
vi. Technology training that
will enhance clerical skills or service delivery (i.e. computer programs,
software education, scheduling, documentation, etc.)
vii. Related disciplines that interface with
delivery of speech-language pathology services
ix. Confidentiality issues such as HIPAA and
FERPA
x. Mandated reporter
training
xi. Behavior
management.
2.
The Board may pre-approve continuing education programs. It is the SLPA's
responsibility to obtain continuing education that meets the guidelines
specified in this rule. The Board retains final authority for acceptance of any
educational activity submitted by the SLPA to meet requirements. Continuing
education can be obtained through (1) live presentations; (2) college courses
(one credit hour = 15 clock hours); or (3) online activities with written
documentation of completion. Any re-play of a live conference is also
considered an online activity.
13.11 REQUIREMENTS FOR A SUPERVISING
SPEECH-LANGUAGE PATHOLOGIST
A. A supervising
speech-language pathologist:
1. Must be
licensed as a speech-language pathologist in the state of Arkansas and have two
(2) years of full-time professional speech-language pathology experience, after
completion of the paid professional experience (CFY). The Board reserves the
right to decline or delay approval of registration if the licensed SLP has
prior or pending disciplinary action against him or her. An individual with a
provisional license may not supervise an assistant. However, an individual
exempted from licensure under Ark. Code Ann. §
17-100-104,
subsection 4 and who holds a Master's Degree in Speech-Language Pathology and a
valid certificate/license issued by the Arkansas State Board of Education prior
to August 1, 1997, shall not be required to procure ABESPA licensure in order
to supervise speech-language pathology assistants and aides. Individuals who
are issued initial speech-language pathology certification/licensure by the
Arkansas State Board of Education (or Division of Elementary and Secondary
Education) after August 1, 1997, shall be required to hold ABESPA licensure in
order to supervise speech-language pathology assistants and aides.
2. May not supervise more than two (2)
full-time or three (3) part-time assistants. (Three part-time assistants may
not exceed the number of hours for two full-time assistants or 80 hours.) Based
on information received, the Board may limit the number of
supervisors.
3. Must institute a
training program for each SLPA encompassing all the procedures to be performed.
Documentation of such training in formal substance acceptable to ABESPA shall
be retained in the assistant's file.
4. Must inform the consumer about the use of
an SLPA and document informed consent.
5. Must provide and document appropriate
supervision of the SLPA.
6. Is
required to maintain original documents for three (3) years and submit within
thirty (30) days when requested by the Board.
B. Although the speech-language pathologist
may delegate specific tasks to the SLPA, the legal (i.e., professional
liability) and ethical responsibility to the patient/client for all services
provided or omitted must remain the full responsibility of the supervising
speech-language pathologist. The legal and ethical responsibility
cannot be delegated.
13.12 SUPERVISION GUIDELINES FOR A
SPEECH-LANGUAGE PATHOLOGY ASSISTANT
A. A total
of at least 30% direct and indirect supervision is required and must be
documented for the first ninety (45) workdays. (For 30 hours of direct client
contact this would be 9 hours for both direct and indirect supervision.)
Documented direct supervision of patient/client care shall be required no less
than 20% of the actual patient/client contact time weekly for each SLPA. During
each week, data on every patient/client seen by the SLPA must be reviewed by
the supervisor. In addition, the 20% direct supervision must be scheduled so
that all patients/clients seen by the SLPA are directly supervised in a timely
manner. Supervision days and time of day (morning/afternoon) may be alternated
to ensure that all patients/clients receive direct contact with the
speech-language pathologist at least once every two (2) weeks. Information
obtained during direct supervision must include data relative to (a) agreement
(reliability) between the SLPA and the supervisor on correct/incorrect
recording of target behavior, (b) accuracy in implementation of screening and
treatment procedures, (c) accuracy in recording data, and (d) ability to
interact effectively with the patient/client.
After the first 45 workdays, the amount of supervision can be
adjusted if the supervising speech-language pathologist determines the SLPA has
met appropriate competencies and skill levels with a variety of communication
and related disorders.
Minimum ongoing supervision must always include documentation
of client contact provided by the SLP to each student, patient or client at
least every 30 calendar days.
A minimum of 1 hour of direct supervision weekly, or a minimum
of 10% (for SLPAs treating less than 10 hours per week) and as much indirect
supervision as needed to facilitate delivery of quality services must be
maintained.
Documentation of all supervisory activities, both direct and
indirect, must be accurately recorded.
Further, 100% supervision of SLPAs for medically fragile
students, patients, or clients is required.
B. Indirect supervision does not require the
supervising speech-language pathologist to be physically present or available
via telecommunication in real times while the SLPA is providing services.
Indirect supervisory activities may include demonstration tapes, record review,
review and evaluation of audio-or videotaped sessions, and/or supervisory
conferences that may be conducted by telephone and/or live, secure webcam via
the Internet. The speech-language pathologist will review each plan of care as
needed for timely implementation of modifications.
After the initial forty-five (45) day work period, the amount
of supervision may be adjusted depending on the competency of the assistant,
the needs of the patients/clients served, and the nature of the assigned
tasks.
C. A supervising
speech-language pathologist must be able to be reached by personal contact,
phone, or other immediate means at all times when direct patient/client care is
being rendered. If, for any reason (i.e., extended leave, illness, change of
jobs), the supervisor is no longer available to provide the level of
supervision stipulated, the SLPA may not perform direct patient/client care
until a qualified and licensed speech- language pathologist has been designated
as the SLPA's supervisor and ABESPA has advised approval of the
change.
13.13 ANNUAL
AUDIT
On or before January 30 of each calendar year, at least ten
percent (10%) of the assistants currently registered will be audited by ABESPA.
The SLPA audited will be chosen in a random manner.
13.14 PENALTIES
A. A civil penalty of up to $1,000.00 per
violation in addition to revocation or suspension may be imposed on a
registrant and/or supervisor if:
1. Registrant
begins work as a SLPA before they are technically approved for registration or
continues to work after the registration has expired;
2. Registrant practices outside the scope of
responsibility as set forth in the following section titled "Scope of
Responsibility of the Speech-Language Pathology Assistant";
3. Registrant practices without adequate
supervision;
4. Registrant and/or
supervisor fails to notify ABESPA of change (supervisor, schedule, work
setting, etc).
B. A
penalty of $200.00 per month to a maximum of $1000.00 may be incurred by the
supervising speech-language pathologist for failure to submit supervision
documents upon request by ABESPA.
13.15 SCOPE OF RESPONSIBILITIES OF THE
SPEECH-LANGUAGE PATHOLOGY ASSISTANT
A.
Provided that the training, supervision, documentation and planning are
appropriate (i.e., consistent with these guidelines), the following tasks may
be designated to a speech-language pathology assistant:
1. Conduct speech-language screenings
(without interpretation) following specified screening protocols developed by
the supervising speech-language pathologist.
2. Provide routine maintenance/generalization
tasks as prescribed by the supervising speech- language pathologist. The SLP
shall be solely responsible for performing all tasks associated with the
assessment and diagnosis of communication and swallowing disorders, for design
of all intervention plans, and for directly implementing such plans through the
acquisition stage of intervention.
3. Follow documented treatment plans or
protocols developed by the supervising speech- language pathologist, not to
exceed the activities delineated in #2 above.
4. Perform pure-tone hearing screenings
(without interpretation).
5.
Document patient/client progress toward meeting established objectives as
stated in the treatment plan, and report this information to the supervising
speech-language pathologist.
6.
Assist the speech-language pathologist during assessment of patients/clients,
such as those judged to be difficult to test.
7. Assist with informal documentation (e.g.,
tallying notes for the speech-language pathologist to use), prepare materials,
and assist with other clerical duties as directed by the speech- language
pathologist.
8. Perform checks and
maintenance of equipment.
9.
Participate with the speech-language pathologist in research projects,
in-service training, and public relations programs.
There is a potential for possible misuse of the SLPA,
particularly when responsibilities are delegated by administrative staff or
nonclinical staff without the knowledge and approval of the supervising
speech-language pathologist. Therefore, the SLPA should not perform any
task without the express knowledge and approval of the supervising
speech-language pathologist. An individual's communication or related
disorder or other factors may preclude the use of services from anyone other
than a licensed speech-language pathologist.
The SLPA may not:
1. Perform standardized or non-standardized
diagnostic tests, formal or informal evaluation, or interpret test
results;
2. Perform intervention
tasks associated with skill acquisition;
3. Participate in parent conferences, case
conferences, or in any interdisciplinary team without the presence of the
supervising speech-language pathologist or other ASHA-certified speechlanguage
pathologist designated by the supervising speech-language
pathologist;
4. Provide
patient/client or family counseling;
5. Write, develop, or modify a
patient/client's individualized treatment plan in any way;
6. Assist with patients/clients without
following the individualized treatment plan prepared by the speech-language
pathologist or without access to supervision (See Supervision
Guidelines);
7. Sign any formal
documents (e.g., treatment plans, reimbursement forms, or reports) (The
assistant may sign treatment notes for review and co-signature by the
supervising professional.);
8.
Select patients/clients for services;
9. Discharge a patient/client from
services;
10. Disclose clinical or
confidential information either orally or in writing to anyone not designated
by the supervising speech-language pathologist;
11. Make referrals for additional
services;
12. Communicate with the
patient/client, family or others regarding any aspect of the patient/client
status regarding diagnosis, prognosis, treatment, and progress;
13. Represent himself or herself as a
speech-language pathologist.
13.16 EXCLUSIVE RESPONSIBILITIES OF THE
SUPERVISING SPEECHLANGUAGE PATHOLOGIST
A.
Complete initial supervision training prior to accepting an assistant for
supervision and upgrade supervision training on a regular basis.
B. Participate significantly in hiring the
assistant.
C. Document preservice
training and credentials of the assistant.
D. Inform patients/clients and families about
the level (professional vs. support personnel), frequency, and duration of
services as well as supervision.
E.
Represent the speech-language pathology team in all collaborative,
interprofessional, interagency meetings, correspondence, and reports. This
would not preclude the assistant from attending meetings along with the
speech-language pathologist as a team member or drafting correspondence and
reports for editing, approval, and signature by the speech-language
pathologist.
F. Make all clinical
decisions, including determining patient/client selection for
inclusion/exclusion in the case load, and dismissing patients/clients from
treatment.
G. Communicate with
patients/clients, parents, and family members about diagnosis, prognosis,
treatment plan and progress.
H.
Conduct diagnostic evaluations, assessments, or appraisals, and interpret
obtained data in reports.
I. Review
each treatment plan with the assistant at least weekly or every five (5)
sessions.
J. Delegate specific
tasks to the assistant while retaining legal and ethical responsibility for all
patient/client services provided or omitted.
K. Prepare an individualized treatment plan
and make modifications prior to or during implementation.
L. Discuss the case with or refer the
patient/client to other professionals.
M. Sign all formal documents (e.g., treatment
plans, reimbursement forms, reports). The supervisor should indicate on
documents that the SLPA performed certain activities.
N. Review and sign all informal progress
notes prepared by the SLPA.
O.
Provide ongoing training to the SLPA on the job.
P. Provide and document appropriate
supervision of the SLPA.
Q. Ensure
that the SLPA only performs tasks that are within the scope of responsibility
of the SLPA.
R. Participate in the
performance appraisal of the speech-language pathology assistant.
13.17 REVOCATION, SUSPENSION, AND
DENIAL OF REGISTRATION OF SPEECH PATHOLOGY ASSISTANTS AND SUPERVISORS
A. The Board reserves the right to decline or
delay approval of application for supervisory status if the licensed SLP has
prior or pending disciplinary action against him or her.
B. In any adverse action concerning a
registrant, SLPA, or SLP supervisor, the Board will adhere to the provisions of
Section 7 of the rules.