as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; creating certification for 1.3 speech-language pathology assistants; modifying 1.4 provisions for speech-language pathology and 1.5 audiology; amending Minnesota Statutes 2002, section 1.6 148.512, subdivisions 9, 19, by adding a subdivision; 1.7 Minnesota Statutes 2003 Supplement, sections 148.511; 1.8 148.512, subdivisions 4, 12, 13, 14, 15, 16; 148.513, 1.9 subdivisions 1, 2; 148.5161, subdivisions 1, 6; 1.10 148.517; 148.5175; 148.518; 148.519, subdivisions 2, 1.11 3; 148.5191, subdivisions 1, 3, 4; 148.5193, 1.12 subdivisions 1, 4, 6, 6a, 7, 8; 148.5194, subdivisions 1.13 1, 2; 148.5195, subdivisions 2, 3, 4, 5, 6; 148.5196, 1.14 subdivision 3; proposing coding for new law in 1.15 Minnesota Statutes, chapter 148. 1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.17 Section 1. Minnesota Statutes 2003 Supplement, section 1.18 148.511, is amended to read: 1.19 148.511 [SCOPE.] 1.20 Sections 148.511 to 148.5196 apply to persons who are 1.21 applicants for licensure or certification, who use protected 1.22 titles, who represent that they are licensed or certified, or 1.23 who engage in the practice of speech-language pathology or 1.24 audiology. Sections 148.511 to 148.5196 do not apply to school 1.25 personnel licensed by the Board of Teaching and practicing 1.26 within the scope of their school license under Minnesota Rules, 1.27 part 8710.6000. 1.28 Sec. 2. Minnesota Statutes 2003 Supplement, section 1.29 148.512, subdivision 4, is amended to read: 1.30 Subd. 4. [APPLICANT.] "Applicant" means a person who 2.1 applies to the commissioner for licensure or certification or 2.2 licensure or certification renewal. 2.3 Sec. 3. Minnesota Statutes 2002, section 148.512, 2.4 subdivision 9, is amended to read: 2.5 Subd. 9. [CONTINUING EDUCATION.] "Continuing education" is 2.6 a planned learning experience in speech-language pathology or 2.7 audiology not including the basic educational program leading to 2.8 a degree if the education is used by theregistrantlicensee for 2.9 credit to achieve a baccalaureate or master's degree in 2.10 speech-language pathology or audiology. 2.11 Sec. 4. Minnesota Statutes 2003 Supplement, section 2.12 148.512, subdivision 12, is amended to read: 2.13 Subd. 12. [PRACTICE OF AUDIOLOGY.] The "practice of 2.14 audiology" means: 2.15 (1) identification, assessment, and interpretation, 2.16 diagnosis, rehabilitation, and prevention of hearing disorders; 2.17 (2) conservation of the auditory system function; 2.18 development and implementation of hearing conservation programs; 2.19 (3) measurement, assessment, and interpretation of auditory 2.20 and vestibular function; 2.21 (4) selecting, fitting, and dispensing of assistive 2.22 listening devices, alerting and amplification devices, and 2.23 systems for personal and public use, including hearing aids and 2.24 devices, and providing training in their use; 2.25 (5) aural habilitation and rehabilitation and related 2.26 counseling for hearing impaired individuals and their families; 2.27 (6) screening of speech, language, voice, or fluency for 2.28 the purposes of audiologic evaluation or identification of 2.29 possible communication disorders; or 2.30 (7)teaching of, consultation or research about, or2.31 supervision of the functions in clauses (1) to (6). 2.32 The practice of audiology does not include the practice of 2.33 medicine and surgery, or osteopathic medicine and surgery, or 2.34 medical diagnosis that is commonly performed by a physician. 2.35 Sec. 5. Minnesota Statutes 2003 Supplement, section 2.36 148.512, subdivision 13, is amended to read: 3.1 Subd. 13. [PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.] The 3.2 "practice of speech-language pathology" means: 3.3 (1) identification, assessment, and interpretation, 3.4 diagnosis, habilitation, rehabilitation, treatment and 3.5 prevention of disorders of speech, articulation, fluency, voice, 3.6 and language; 3.7 (2) identification, assessment, and interpretation, 3.8 diagnosis, habilitation, and rehabilitation of disorders of 3.9 oral-pharyngeal function and related disorders; 3.10 (3) identification, assessment, and interpretation, 3.11 diagnosis, habilitation, and rehabilitation of communication 3.12 disorders associated with cognition; 3.13 (4) assessing, selecting, and developing augmentative and 3.14 alternative communication systems and providing training in 3.15 their use; 3.16 (5) aural habilitation and rehabilitation and related 3.17 counseling for hearing impaired individuals and their families; 3.18 (6) enhancing speech-language proficiency and communication 3.19 effectiveness; 3.20 (7) audiometric screening for the purposes of 3.21 speech-language evaluation or for the identification of possible 3.22 hearing disorders; or 3.23 (8)teaching of, consultation or research about, or3.24 supervision of the functions in clauses (1) to (7). 3.25 The practice of speech-language pathology does not include 3.26 the practice of medicine and surgery, or osteopathic medicine 3.27 and surgery, or medical diagnosis that is commonly performed by 3.28 a physician. 3.29 Sec. 6. Minnesota Statutes 2003 Supplement, section 3.30 148.512, subdivision 14, is amended to read: 3.31 Subd. 14. [LICENSE OR LICENSED.] "License" or "licensed" 3.32 means the act or status of a person who meets the requirements 3.33 of sections 148.511 to 148.5191 and 148.5193 to 148.5196. 3.34 Sec. 7. Minnesota Statutes 2003 Supplement, section 3.35 148.512, subdivision 15, is amended to read: 3.36 Subd. 15. [LICENSEE.] "Licensee" means an individual who 4.1 meets the requirements of sections 148.511 to 148.5191 and 4.2 148.5193 to 148.5196. 4.3 Sec. 8. Minnesota Statutes 2003 Supplement, section 4.4 148.512, subdivision 16, is amended to read: 4.5 Subd. 16. [LICENSURE.] "Licensure" is the system of 4.6 regulation defined in section 214.001, subdivision 3, paragraph 4.7 (c), and is the process specified in sections 148.511 to 4.8 148.5191 and 148.5193 to 148.5196. 4.9 Sec. 9. Minnesota Statutes 2002, section 148.512, is 4.10 amended by adding a subdivision to read: 4.11 Sec. 17a. [SPEECH-LANGUAGE PATHOLOGY 4.12 ASSISTANT.] "Speech-language pathology assistant" means a person 4.13 who provides speech-language pathology services under the 4.14 supervision of a licensed speech-language pathologist and is 4.15 certified by the commissioner according to section 148.5192. 4.16 Sec. 10. Minnesota Statutes 2002, section 148.512, 4.17 subdivision 19, is amended to read: 4.18 Subd. 19. [SUPERVISION.] "Supervision" means the direct or 4.19 indirect evaluation or direction of: 4.20 (1) a practitioner of speech-language pathology or 4.21 audiology; 4.22 (2) a person performing a function of supervised clinical 4.23 training as a student of speech-language pathology or audiology; 4.24or4.25 (3) a person performing a function of supervised 4.26 postgraduate clinical experience in speech-language pathology or 4.27 audiology; or 4.28 (4) a certified speech-language pathology assistant. 4.29 Sec. 11. Minnesota Statutes 2003 Supplement, section 4.30 148.513, subdivision 1, is amended to read: 4.31 Subdivision 1. [UNLICENSED OR UNCERTIFIED PRACTICE 4.32 PROHIBITED.] A person must not engage in the practice of 4.33 speech-language pathology or audiology unless the person is 4.34 licensed as a speech-language pathologist or an audiologist 4.35 under sections 148.511 to 148.5196 or is certified as a 4.36 speech-language pathology assistant under section 148.5192. For 5.1 purposes of this subdivision, a certified speech-language 5.2 pathology assistant's duties are limited to the duties described 5.3 under section 148.5192, subdivision 2. 5.4 Sec. 12. Minnesota Statutes 2003 Supplement, section 5.5 148.513, subdivision 2, is amended to read: 5.6 Subd. 2. [PROTECTED TITLES AND RESTRICTIONS ON USE.] (a) 5.7 Use of the following terms or initials which represent the 5.8 following terms, alone or in combination with any word or words, 5.9 by any person to form an occupational title is prohibited unless 5.10 that person is licensed under sections 148.511 to 148.5191 and 5.11 148.5193 to 148.5196: 5.12 (1) speech-language; 5.13 (2) speech-language pathologist, S, SP, or SLP; 5.14 (3) speech pathologist; 5.15 (4) language pathologist; 5.16 (5) audiologist, A, or AUD; 5.17 (6) speech therapist; 5.18 (7) speech clinician; 5.19 (8) speech correctionist; 5.20 (9) language therapist; 5.21 (10) voice therapist; 5.22 (11) voice pathologist; 5.23 (12) logopedist; 5.24 (13) communicologist; 5.25 (14) aphasiologist; 5.26 (15) phoniatrist; 5.27 (16) audiometrist; 5.28 (17) audioprosthologist; 5.29 (18) hearing therapist; 5.30 (19) hearing clinician; or 5.31 (20) hearing aid audiologist. 5.32 Use of the term "Minnesota licensed" in conjunction with 5.33 the titles protected under thissectionparagraph by any person 5.34 is prohibited unless that person is licensed under sections 5.35 148.511 to 148.5191 and 148.5193 to 148.5196. 5.36 (b) Use of the terms or initials described in paragraph 6.1 (a), in combination with the word "assistant" by any person to 6.2 form an occupational title, is prohibited unless the person is 6.3 certified under section 148.5192. A speech-language pathology 6.4 assistant certified under section 148.5192 must not represent, 6.5 indicate, or imply to the public that the assistant is a 6.6 licensed speech-language pathologist and shall only utilize one 6.7 of the following titles: "speech-language pathology assistant," 6.8 "SLP assistant," or "SLP asst." 6.9 Sec. 13. Minnesota Statutes 2003 Supplement, section 6.10 148.5161, subdivision 1, is amended to read: 6.11 Subdivision 1. [APPLICATION.] Clinical fellowship and 6.12 doctoral externship candidates must be licensed with a clinical 6.13 fellowship or doctoral externship license. The commissioner 6.14 shall issue clinical fellowship licensure or doctoral externship 6.15 licensure as a speech-language pathologist or audiologist to an 6.16 applicant who has applied for licensure under section 148.515, 6.17 who is not the subject of a disciplinary action or past 6.18 disciplinary action, and who has not violated a provision of 6.19 section 148.5195, subdivision 3. 6.20 Sec. 14. Minnesota Statutes 2003 Supplement, section 6.21 148.5161, subdivision 6, is amended to read: 6.22 Subd. 6. [TITLE USED.] A licensee with a clinical 6.23 fellowship or doctoral externship shall be identified by one of 6.24 the protected titles and a designation indicating clinical 6.25 fellowship status or doctoral externship status. 6.26 Sec. 15. Minnesota Statutes 2003 Supplement, section 6.27 148.517, is amended to read: 6.28 148.517 [LICENSURE OR CERTIFICATION BY RECIPROCITY.] 6.29 Subdivision 1. [APPLICABILITY.] An applicant who applies 6.30 for licensure or certification as a speech-language pathologist 6.31or, audiologist, or speech-language pathology assistant by 6.32 reciprocity must meet the requirements of subdivisions 2 and 3. 6.33 Subd. 2. [CURRENT CREDENTIALS REQUIRED.] An applicant 6.34 applying for licensure or certification by reciprocity must 6.35 provide evidence to the commissioner that the applicant holds a 6.36 current and unrestricted credential for the practice of 7.1 speech-language pathology or audiology in another jurisdiction 7.2 that has requirements equivalent to or higher than those in 7.3 effect for determining whether an applicant in this state is 7.4 qualified to be licensed or certified as a speech-language 7.5 pathologistor, audiologist, or speech-language pathology 7.6 assistant. An applicant for licensure who provides sufficient 7.7 evidence need not meet the requirements of section 148.515, 7.8 provided that the applicant otherwise meets all other 7.9 requirements of section 148.514. 7.10 Subd. 3. [VERIFICATION OF CREDENTIALS REQUIRED.] An 7.11 applicant for licensure or certification by reciprocity under 7.12 subdivision 2, must have maintained the appropriate and 7.13 unrestricted credentials in each jurisdiction during the last 7.14 five years as demonstrated by submitting letters of verification 7.15 to the commissioner. Each letter must state the applicant's 7.16 name, date of birth, credential number, date of issuance, a 7.17 statement regarding disciplinary actions, if any, taken against 7.18 the applicant, and the terms under which the credential was 7.19 issued. 7.20 Sec. 16. Minnesota Statutes 2003 Supplement, section 7.21 148.5175, is amended to read: 7.22 148.5175 [TEMPORARY LICENSURE OR CERTIFICATION.] 7.23 (a) The commissioner shall issue temporary licensure as a 7.24 speech-language pathologist, an audiologist, or both, or 7.25 temporary certification as a speech-language pathology assistant 7.26 to an applicant who has applied for licensure or certification 7.27 under section 148.515, 148.516, 148.517,or148.518, 7.28subdivisions 1 and 2,or 148.5192 and who: 7.29 (1) submits a signed and dated affidavit stating that the 7.30 applicant is not the subject of a disciplinary action or past 7.31 disciplinary action in this or another jurisdiction and is not 7.32 disqualified on the basis of section 148.5195, subdivision 3; 7.33 and 7.34 (2) either: 7.35 (i) provides a copy of a current credential as a 7.36 speech-language pathologist, an audiologist, or both, or as a 8.1 speech-language pathology assistant held in the District of 8.2 Columbia or a state or territory of the United States; or 8.3 (ii) provides a copy of a current certificate of clinical 8.4 competence issued by the American Speech-Language-Hearing 8.5 Association or board certification in audiology by the American 8.6 Board of Audiology. 8.7 (b) A temporary license or certification issued to a person 8.8 under thissubdivisionsection expires 90 days after it is 8.9 issued or on the date the commissioner grants or denies 8.10 licensure or certification, whichever occurs first. 8.11 (c) Upon application, a temporary license or certification 8.12 shall be renewed once to a person who is able to demonstrate 8.13 good cause for failure to meet the requirements for licensure or 8.14 certification within the initial temporary licensure or 8.15 certification period and who is not the subject of a 8.16 disciplinary action or disqualified on the basis of section 8.17 148.5195, subdivision 3. 8.18 Sec. 17. Minnesota Statutes 2003 Supplement, section 8.19 148.518, is amended to read: 8.20 148.518 [LICENSURE OR CERTIFICATION FOLLOWING LAPSE OF 8.21 LICENSURE OR CERTIFICATION STATUS.] 8.22 For an applicant whose licensure or certification status 8.23 has lapsed, the applicant must: 8.24 (1) apply for licensure or certification renewal according 8.25 to section 148.5191 and document compliance with the continuing 8.26 education requirements of section 148.5193 since the applicant's 8.27 license or certification lapsed; 8.28 (2) fulfill the requirements of section 148.517; or 8.29 (3) apply for renewal according to section 148.5191, 8.30 provide evidence to the commissioner that the applicant holds a 8.31 current and unrestricted credential for the practice of 8.32 speech-language pathology from the Minnesota Board of Teaching 8.33 or for the practice of speech-language pathology or audiology in 8.34 another jurisdiction that has requirements equivalent to or 8.35 higher than those in effect for Minnesota, and provide evidence 8.36 of compliance with Minnesota Board of Teaching or that 9.1 jurisdiction's continuing education requirements. 9.2 Sec. 18. Minnesota Statutes 2003 Supplement, section 9.3 148.519, subdivision 2, is amended to read: 9.4 Subd. 2. [ACTION ON APPLICATIONSFOR LICENSURE.] (a) The 9.5 commissioner shall act on an application for licensure or 9.6 certification according to paragraphs (b) to (d). 9.7 (b) The commissioner shall determine if the applicant meets 9.8 the requirements for licensure or certification. The 9.9 commissioner or advisory council may investigate information 9.10 provided by an applicant to determine whether the information is 9.11 accurate and complete. 9.12 (c) The commissioner shall notify an applicant, via 9.13 certified mail, of action taken on the application and of the 9.14 grounds for denying licensure or certification if licensure or 9.15 certification is denied. 9.16 (d) An applicant denied licensure or certification may make 9.17 a written request to the commissioner, within 30 days of the 9.18 date of notification to the applicant, for reconsideration of 9.19 the denial. Individuals requesting reconsideration may submit 9.20 information that the applicant wants considered in the 9.21 reconsideration. After reconsideration of the commissioner's 9.22 determination to deny licensure or certification, the 9.23 commissioner shall determine whether the original determination 9.24 should be affirmed or modified. An applicant may make only one 9.25 request in any one biennial license or certification period for 9.26 reconsideration of the commissioner's determination to deny 9.27 licensure or certification. 9.28 Sec. 19. Minnesota Statutes 2003 Supplement, section 9.29 148.519, subdivision 3, is amended to read: 9.30 Subd. 3. [CHANGE OF ADDRESS.] A licensee or certification 9.31 holder who changes addresses must inform the commissioner, in 9.32 writing, of the change of address within 30 days. All notices 9.33 or other correspondence mailed to or served on a licensee by the 9.34 commissioner at the licensee's or certification holder's address 9.35 on file with the commissioner shall be considered as having been 9.36 received by the licensee or certification holder. 10.1 Sec. 20. Minnesota Statutes 2003 Supplement, section 10.2 148.5191, subdivision 1, is amended to read: 10.3 Subdivision 1. [RENEWAL REQUIREMENTS.] To renew 10.4 licensure or certification, an applicant must: 10.5 (1) biennially complete a renewal application on a form 10.6 provided by the commissioner and submit the biennial renewal 10.7 fee; 10.8 (2) meet the continuing education requirements of section 10.9 148.5193 and submit evidence of attending continuing education 10.10 courses, as required in section 148.5193, subdivision 6; and 10.11 (3) submit additional information if requested by the 10.12 commissioner to clarify information presented in the renewal 10.13 application. The information must be submitted within 30 days 10.14 after the commissioner's request. 10.15 Sec. 21. Minnesota Statutes 2003 Supplement, section 10.16 148.5191, subdivision 3, is amended to read: 10.17 Subd. 3. [LICENSURERENEWAL NOTICE.] Licensure or 10.18 certification renewal is on a biennial basis. At least 60 days 10.19 before the licensure or certification expiration date, the 10.20 commissioner shall send out a renewal notice to the licensee's 10.21 or certification holder's last known address. The notice shall 10.22 include a renewal application and notice of fees required for 10.23 renewal. If the licensee or certification holder does not 10.24 receive the renewal notice, the licensee or certification holder 10.25 is still required to meet the deadline for renewal to qualify 10.26 for continuous licensure or certification status. 10.27 Sec. 22. Minnesota Statutes 2003 Supplement, section 10.28 148.5191, subdivision 4, is amended to read: 10.29 Subd. 4. [RENEWAL DEADLINE.] Each license or 10.30 certification, including a temporary license provided under 10.31 section 148.5161, must state an expiration date. An application 10.32 for licensure or certification renewal must be received by the 10.33 Department of Health or postmarked at least 30 days before the 10.34 expiration date. If the postmark is illegible, the application 10.35 shall be considered timely if received at least 21 days before 10.36 the expiration date. 11.1 When the commissioner establishes the renewal schedule for 11.2 an applicant, licensee,ortemporary licensee, or certification 11.3 holder, if the period before the expiration date is less than 11.4 two years, the fee shall be prorated. 11.5 Sec. 23. [148.5192] [CERTIFICATION OF SPEECH-LANGUAGE 11.6 PATHOLOGY ASSISTANTS.] 11.7 Subdivision 1. [CERTIFICATION REQUIREMENTS.] An applicant 11.8 for certification as a speech-language pathology assistant must: 11.9 (1) submit a completed application on forms provided by the 11.10 commissioner; 11.11 (2) submit all fees required under section 148.5194; 11.12 (3) meet one of the following requirements: 11.13 (i) submit a transcript showing completion of an associate 11.14 degree from a speech-language pathology assistant program that 11.15 is accredited by the Higher Learning Commission of the North 11.16 Central Association of Colleges or its equivalent as approved by 11.17 the commissioner; or 11.18 (ii) submit a transcript showing completion of a bachelor's 11.19 degree in the discipline of communication sciences or disorders, 11.20 documentation of additional transcript credit in the area of 11.21 instruction in assistant level service delivery practices, and 11.22 documentation of having completed 100 hours of supervised field 11.23 work experience as a speech-language pathology assistant 11.24 student; and 11.25 (4) submit any additional information required by the 11.26 commissioner. 11.27 Subd. 2. [DELEGATED DUTIES; PROHIBITIONS.] (a) A certified 11.28 speech-language pathology assistant may perform only those 11.29 duties delegated by a supervising speech-language pathologist 11.30 and must be limited to duties within the training and experience 11.31 of the speech-language pathology assistant. 11.32 (b) Duties may include the following as delegated by the 11.33 supervising speech-language pathologist: 11.34 (1) assist with speech language and hearing screenings; 11.35 (2) implement documented treatment plans or protocols 11.36 developed by the supervising speech-language pathologist; 12.1 (3) document client performance; 12.2 (4) assist with assessments of clients; 12.3 (5) assist with preparing materials and scheduling 12.4 activities as directed; 12.5 (6) perform checks and maintenance of equipment; 12.6 (7) support the supervising speech-language pathologist in 12.7 research projects, in-service training, and public relations 12.8 programs; and 12.9 (8) collect data for quality improvement. 12.10 (c) A certified speech-language pathology assistant may not: 12.11 (1) perform standardized or nonstandardized diagnostic 12.12 tests, perform formal or informal evaluations, or interpret test 12.13 results; 12.14 (2) screen or diagnose clients for feeding or swallowing 12.15 disorders, including using a checklist or tabulating results of 12.16 feeding or swallowing evaluations, or demonstrate swallowing 12.17 strategies or precautions to clients or the clients' family; 12.18 (3) participate in parent conferences, case conferences, or 12.19 any interdisciplinary team without the presence of the 12.20 supervising speech-language pathologist or other licensed 12.21 speech-language pathologist as authorized by the supervising 12.22 speech-language pathologist; 12.23 (4) provide client or family counseling or consult with the 12.24 client or the family regarding the client status or service; 12.25 (5) write, develop, or modify a client's individualized 12.26 treatment plan or individualized education program; 12.27 (6) select clients for service; 12.28 (7) discharge clients from service; 12.29 (8) disclose clinical or confidential information either 12.30 orally or in writing to anyone other than the supervising 12.31 speech-language pathologist; or 12.32 (9) make referrals for additional services. 12.33 (d) A certified speech-language pathology assistant must 12.34 not sign any formal documents, including treatment plans, 12.35 education plans, reimbursement forms, or reports. The 12.36 speech-language pathology assistant must sign or initial all 13.1 treatment notes written by the assistant. 13.2 Subd. 3. [SUPERVISION REQUIREMENTS.] (a) A supervising 13.3 speech-language pathologist shall authorize and accept full 13.4 responsibility for the performance, practice, and activity of a 13.5 speech-language pathology assistant. 13.6 (b) A supervising speech-language pathologist must meet the 13.7 following requirements: 13.8 (1) be licensed under sections 148.511 to 148.5196; 13.9 (2) hold a certificate of clinical competence from the 13.10 American Speech-Language-Hearing Association or its equivalent 13.11 as approved by the commissioner; and 13.12 (3) have completed at least one continuing education unit 13.13 in supervision. 13.14 (c) The supervision of a speech-language pathology 13.15 assistant shall be maintained on the following schedule: 13.16 (1) for the first 90 work days, within a 40-hour work week, 13.17 30 percent of the work performed by the speech-language 13.18 pathology assistant must be supervised and at least 20 percent 13.19 of this supervision must be direct supervision; and 13.20 (2) for the work period after the initial 90-day period, 13.21 within a 40-hour work week, 20 percent of the work must be 13.22 supervised and at least ten percent of this supervision must be 13.23 direct supervision. 13.24 (d) For purposes of this section, "direct supervision" 13.25 means on-site, in-view observation and guidance by the 13.26 supervising speech-language pathologist during the performance 13.27 of a delegated duty. The supervision requirements described in 13.28 this section are minimum requirements. Additional supervision 13.29 requirements may be imposed at the discretion of the supervising 13.30 speech-language pathologist. 13.31 (e) A supervising speech-language pathologist must be 13.32 available to communicate with a speech-language pathology 13.33 assistant at any time the assistant is in direct contact with a 13.34 client. 13.35 (f) A supervising speech-language pathologist must document 13.36 activities performed by the assistant that are directly 14.1 supervised by the supervising speech-language pathologist. At a 14.2 minimum, the documentation must include: 14.3 (1) information regarding the quality of the 14.4 speech-language pathology assistant's performance of the 14.5 delegated duties; and 14.6 (2) verification that any delegated clinical activity was 14.7 limited to duties authorized to be performed by the 14.8 speech-language pathology assistant under this section. 14.9 (g) A supervising speech-language pathologist must review 14.10 and cosign all informal treatment notes signed or initialed by 14.11 the speech-language pathology assistant. 14.12 (h) A full-time speech-language pathologist may supervise 14.13 no more than one full-time speech-language pathology assistant 14.14 or the equivalent of one full-time assistant. 14.15 Subd. 4. [NOTIFICATION.] Any agency that intends to 14.16 utilize the services of a certified speech-language pathology 14.17 assistant must provide written notification to the client or, if 14.18 the client is younger than 18 years old, to the client's parent 14.19 or guardian before a certified speech-language pathology 14.20 assistant may perform any of the duties described in this 14.21 section. 14.22 Sec. 24. Minnesota Statutes 2003 Supplement, section 14.23 148.5193, subdivision 1, is amended to read: 14.24 Subdivision 1. [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 14.25 applicant for licensure renewal must meet the requirements for 14.26 continuing education stipulated by the American 14.27 Speech-Language-Hearing Association or the American Board of 14.28 Audiology, or satisfy the requirements described in paragraphs 14.29 (b) to (e). 14.30 (b) An applicant for licensure renewal as either a 14.31 speech-language pathologist or an audiologist must provide 14.32 evidence to the commissioner of a minimum of 30 contact hours of 14.33 continuing education offered by a continuing education sponsor 14.34 within the two years immediately preceding licensure renewal. A 14.35 minimum of 20 contact hours of continuing education must be 14.36 directly related to the licensee's area of licensure. Ten 15.1 contact hours of continuing education may be in areas generally 15.2 related to the licensee's area of licensure. 15.3 (c) An applicant for licensure renewal as both a 15.4 speech-language pathologist and an audiologist must attest to 15.5 and document completion of a minimum of 36 contact hours of 15.6 continuing education offered by a continuing education sponsor 15.7 within the two years immediately preceding licensure renewal. A 15.8 minimum of 15 contact hours must be received in the area of 15.9 speech-language pathology and a minimum of 15 contact hours must 15.10 be received in the area of audiology. Six contact hours of 15.11 continuing education may be in areas generally related to the 15.12 licensee's areas of licensure. 15.13 (d) If the licensee is licensed by the Board of Teaching: 15.14 (1) activities that are approved in the categories of 15.15 Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 15.16 that relate to speech-language pathology, shall be considered: 15.17 (i) offered by a sponsor of continuing education; and 15.18 (ii) directly related to speech-language pathology; 15.19 (2) activities that are approved in the categories of 15.20 Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 15.21 (i) offered by a sponsor of continuing education; and 15.22 (ii) generally related to speech-language pathology; and 15.23 (3) one clock hour as defined in Minnesota Rules, part 15.24 8700.1000, subpart 1, is equivalent to 1.0 contact hours of 15.25 continuing education. 15.26 (e) Contact hourscannotmay not be accumulated in advance 15.27 and transferred to a future continuing education period. 15.28 (f) An applicant for certification renewal must provide 15.29 evidence to the commissioner of a minimum of ten contact hours 15.30 of continuing education offered by a continuing education 15.31 sponsor within the two years immediately preceding certification 15.32 renewal. Contact hours may not be accumulated in advance and 15.33 transferred to a future continuing education period. 15.34 Sec. 25. Minnesota Statutes 2003 Supplement, section 15.35 148.5193, subdivision 4, is amended to read: 15.36 Subd. 4. [EARNING CONTINUING EDUCATION CONTACT HOURS 16.1 THROUGH CONTACT HOUR EQUIVALENTS.] (a) A licensee or 16.2 certification holder who teaches continuing education courses or 16.3 presents or publishes for educational purposes may obtain 16.4 contact hour equivalents according to paragraphs (b) to (d). 16.5 (b) The sponsor of the course must meet the requirements of 16.6 subdivision 2. 16.7 (c) A licensee may not obtain more than six contact 16.8 hours and a certification holder may not obtain more than two 16.9 contact hours in any two-year continuing education period by 16.10 teaching continuing education courses. 16.11 (d) A licensee or certification holder may obtain two 16.12 contact hours for each hour spent teaching a course. Contact 16.13 hours may be claimed only once for teaching the same course in 16.14 any two-year continuing education period. 16.15 Sec. 26. Minnesota Statutes 2003 Supplement, section 16.16 148.5193, subdivision 6, is amended to read: 16.17 Subd. 6. [RECORDS OF ATTENDANCE.] (a) A licensee or 16.18 certification holder must maintain for four years records of 16.19 attending the continuing education contact hours required for 16.20 licensure or certification renewal. 16.21 (b) An applicant for licensure or certification renewal 16.22 must submit documentation demonstrating compliance with 16.23 continuing education requirements of the American 16.24 Speech-Language-Hearing Association or the American Board of 16.25 Audiology or an equivalent, or the following information on a 16.26 form provided by the commissioner: the sponsoring organization, 16.27 the dates of the course, the course name, the number of contact 16.28 hours completed, and the name and signature of the licensee or 16.29 certification holder. The form must be submitted with the 16.30 renewal application under section 148.5191, subdivision 1. 16.31 Sec. 27. Minnesota Statutes 2003 Supplement, section 16.32 148.5193, subdivision 6a, is amended to read: 16.33 Subd. 6a. [VERIFICATION OF ATTENDANCE.] An applicant for 16.34 licensure or certification renewal must submit verification of 16.35 attendance as follows: 16.36 (1) a certificate of attendance from the sponsor with the 17.1 continuing education course name, course date, and licensee's or 17.2 certification holder's name. If a certificate of attendance is 17.3 not available, the commissioner may accept other evidence of 17.4 attendance such as a confirmation or statement of registration 17.5 for regional or national annual conferences or conventions of 17.6 professional associations, a copy of the continuing education 17.7 courses indicating those attended, and an affidavit of 17.8 attendance; 17.9 (2) a copy of a record of attendance from the sponsor of 17.10 the continuing education course; 17.11 (3) a signature of the presenter or a designee at the 17.12 continuing education activity on the continuing education report 17.13 form; 17.14 (4) a summary or outline of the educational content of an 17.15 audio or video educational activity if a designee is not 17.16 available to sign the continuing education report form; 17.17 (5) for self-study programs, a certificate of completion or 17.18 other documentation indicating that the individual has 17.19 demonstrated knowledge and has successfully completed the 17.20 program; or 17.21 (6) for attendance at a university, college, or vocational 17.22 course, an official transcript. 17.23 Sec. 28. Minnesota Statutes 2003 Supplement, section 17.24 148.5193, subdivision 7, is amended to read: 17.25 Subd. 7. [VERIFICATION OF CONTINUING EDUCATION REPORTS.] 17.26 The commissioner may request a licensee, certification holder, 17.27 or continuing education sponsor to verify the continuing 17.28 education to which the licensee or certification holder attested. 17.29 Documentation may come directly from the licensee or 17.30 certification holder, the continuing education sponsor, or from 17.31 a national accrediting or certifying organization which 17.32 maintains the records. 17.33 Sec. 29. Minnesota Statutes 2003 Supplement, section 17.34 148.5193, subdivision 8, is amended to read: 17.35 Subd. 8. [WAIVER OF CONTINUING EDUCATION REQUIREMENTS.] 17.36 The commissioner may grant a waiver of the requirements of this 18.1 section in cases where the requirements would impose an undue 18.2 burden on the licensee or certification holder. A licensee or 18.3 certification holder must request in writing a waiver of the 18.4 requirements of this section. The request for a waiver must 18.5 cite this section, the reasons for requesting the waiver, the 18.6 period of time the licensee or certification holder wishes to 18.7 have the continuing education requirement waived, and the 18.8 alternative measures that will be taken if a waiver is granted. 18.9 The commissioner shall set forth, in writing, the reasons for 18.10 granting or denying the waiver. Waivers granted by the 18.11 commissioner shall specify in writing the time limitation and 18.12 required alternative measures to be taken by the licensee or 18.13 certification holder. 18.14 Sec. 30. Minnesota Statutes 2003 Supplement, section 18.15 148.5194, subdivision 1, is amended to read: 18.16 Subdivision 1. [FEE PRORATION.] The commissioner shall 18.17 prorate the licensure fee for clinical fellowship, doctoral 18.18 externship, temporary, and first time licensees and 18.19 certification fees for speech-language pathology assistants 18.20 according to the number of months that have elapsed between the 18.21 date the license or certification is issued and the date the 18.22 license or certification expires or must be renewed under 18.23 section 148.5191, subdivision 4. 18.24 Sec. 31. Minnesota Statutes 2003 Supplement, section 18.25 148.5194, subdivision 2, is amended to read: 18.26 Subd. 2. [BIENNIAL LICENSURE AND CERTIFICATION FEE.] The 18.27 fee for initial licensure and biennial licensure, clinical 18.28 fellowship licensure, temporary licensure, or renewal is 18.29 $200. The fee for initial certification and biennial 18.30 certification or renewal is $100. 18.31 Sec. 32. Minnesota Statutes 2003 Supplement, section 18.32 148.5195, subdivision 2, is amended to read: 18.33 Subd. 2. [RIGHTS OF APPLICANTS AND LICENSEES.] The rights 18.34 of an applicant denied licensure or certification are stated in 18.35 section 148.519, subdivision 2, paragraph (d). A licensee or 18.36 certification holder shall not be subjected to disciplinary 19.1 action under this section without first having an opportunity 19.2 for a contested case hearing under chapter 14. 19.3 Sec. 33. Minnesota Statutes 2003 Supplement, section 19.4 148.5195, subdivision 3, is amended to read: 19.5 Subd. 3. [GROUNDS FOR DISCIPLINARY ACTION BY 19.6 COMMISSIONER.] The commissioner may take any of the disciplinary 19.7 actions listed in subdivision 4 on proof that the individual has: 19.8 (1) intentionally submitted false or misleading information 19.9 to the commissioner or the advisory council; 19.10 (2) failed, within 30 days, to provide information in 19.11 response to a written request, via certified mail, by the 19.12 commissioner or advisory council; 19.13 (3) performed services of a speech-language pathologistor, 19.14 audiologist, or speech-language pathology assistant in an 19.15 incompetent or negligent manner; 19.16 (4) violated sections 148.511 to 148.5196; 19.17 (5) failed to perform services with reasonable judgment, 19.18 skill, or safety due to the use of alcohol or drugs, or other 19.19 physical or mental impairment; 19.20 (6) violated any state or federal law, rule, or regulation, 19.21 and the violation is a felony or misdemeanor, an essential 19.22 element of which is dishonesty, or which relates directly or 19.23 indirectly to the practice of speech-language pathology or 19.24 audiology. Conviction for violating any state or federal law 19.25 which relates to speech-language pathology or audiology is 19.26 necessarily considered to constitute a violation, except as 19.27 provided in chapter 364; 19.28 (7) aided or abetted another person in violating any 19.29 provision of sections 148.511 to 148.5196; 19.30 (8) been or is being disciplined by another jurisdiction, 19.31 if any of the grounds for the discipline is the same or 19.32 substantially equivalent to those under sections 148.511 to 19.33 148.5196; 19.34 (9) not cooperated with the commissioner or advisory 19.35 council in an investigation conducted according to subdivision 19.36 1; 20.1 (10) advertised in a manner that is false or misleading; 20.2 (11) engaged in conduct likely to deceive, defraud, or harm 20.3 the public; or demonstrated a willful or careless disregard for 20.4 the health, welfare, or safety of a client; 20.5 (12) failed to disclose to the consumer any fee splitting 20.6 or any promise to pay a portion of a fee to any other 20.7 professional other than a fee for services rendered by the other 20.8 professional to the client; 20.9 (13) engaged in abusive or fraudulent billing practices, 20.10 including violations of federal Medicare and Medicaid laws, Food 20.11 and Drug Administration regulations, or state medical assistance 20.12 laws; 20.13 (14) obtained money, property, or services from a consumer 20.14 through the use of undue influence, high pressure sales tactics, 20.15 harassment, duress, deception, or fraud; 20.16 (15) performed services for a client who had no possibility 20.17 of benefiting from the services; 20.18 (16) failed to refer a client for medical evaluation or to 20.19 other health care professionals when appropriate or when a 20.20 client indicated symptoms associated with diseases that could be 20.21 medically or surgically treated; 20.22 (17) if the individual is a dispenser of hearing 20.23 instruments as defined by section 153A.13, subdivision 5, had 20.24 the certification required by chapter 153A, denied, suspended, 20.25 or revoked according to chapter 153A; or 20.26 (18) used the term doctor of audiology, doctor of 20.27 speech-language pathology, AuD, or SLPD without having obtained 20.28 the degree from an institution accredited by the North Central 20.29 Association of Colleges and Secondary Schools, the Council on 20.30 Academic Accreditation in Audiology and Speech-Language 20.31 Pathology, the United States Department of Education, or an 20.32 equivalent. 20.33 Sec. 34. Minnesota Statutes 2003 Supplement, section 20.34 148.5195, subdivision 4, is amended to read: 20.35 Subd. 4. [DISCIPLINARY ACTIONS.] If the commissioner finds 20.36 that an individual should be disciplined according to 21.1 subdivision 3, the commissioner may take any one or more of the 21.2 following actions: 21.3 (1) refuse to grant or renew licensure or certification; 21.4 (2) suspend licensure or certification for a period not 21.5 exceeding one year; 21.6 (3) revoke licensure or certification; 21.7 (4) take any reasonable lesser action against an individual 21.8 upon proof that the individual has violated sections 148.511 to 21.9 148.5196; or 21.10 (5) impose, for each violation, a civil penalty not 21.11 exceeding $10,000 that deprives the licensee or certification 21.12 holder of any economic advantage gained by the violation and 21.13 that reimburses the Department of Health for costs of the 21.14 investigation and proceedings resulting in disciplinary action, 21.15 including the amount paid for services of the administrative 21.16 hearings, the amount paid for services of the Office of the 21.17 Attorney General, attorney fees, court reporters, witnesses, 21.18 reproduction of records, advisory council members' per diem 21.19 compensation, department staff time, and expenses incurred by 21.20 advisory council members and department staff. 21.21 Sec. 35. Minnesota Statutes 2003 Supplement, section 21.22 148.5195, subdivision 5, is amended to read: 21.23 Subd. 5. [CONSEQUENCES OF DISCIPLINARY ACTIONS.] Upon the 21.24 suspension or revocation of licensure or certification, the 21.25 speech-language pathologistor, audiologist, or speech-language 21.26 pathology assistant shall cease to practice speech-language 21.27 pathology or audiology, to use titles protected under sections 21.28 148.511 to 148.5196, and to represent to the public that the 21.29 speech-language pathologist or audiologist is licensed by the 21.30 commissioner, if applicable, or that the speech-language 21.31 pathology assistant is certified by the commissioner. 21.32 Sec. 36. Minnesota Statutes 2003 Supplement, section 21.33 148.5195, subdivision 6, is amended to read: 21.34 Subd. 6. [REINSTATEMENT REQUIREMENTS AFTER DISCIPLINARY 21.35 ACTION.] A speech-language pathologistor, audiologist, or 21.36 speech-language pathology assistant who has had licensure or 22.1 certification suspended may petition on forms provided by the 22.2 commissioner for reinstatement following the period of 22.3 suspension specified by the commissioner. The requirements of 22.4 section 148.5191 for renewing licensure must be met before 22.5 licensure may be reinstated. 22.6 Sec. 37. Minnesota Statutes 2003 Supplement, section 22.7 148.5196, subdivision 3, is amended to read: 22.8 Subd. 3. [DUTIES.] The advisory council shall: 22.9 (1) advise the commissioner regarding speech-language 22.10 pathologist and audiologist licensure standards; 22.11 (2) advise the commissioner regarding speech-language 22.12 pathology assistant certification standards and scope of 22.13 practice; 22.14(2)(3) advise the commissioner on enforcement of sections 22.15 148.511 to 148.5196; 22.16(3)(4) provide for distribution of information regarding 22.17 speech-language pathologist and audiologist licensure 22.18 standards and speech-language pathology assistant certification 22.19 standards; 22.20(4)(5) review applications and make recommendations to the 22.21 commissioner on granting or denying licensure, certification, or 22.22 licensure or certification renewal; 22.23(5)(6) review reports of investigations relating to 22.24 individuals and make recommendations to the commissioner as to 22.25 whether licensure or certification should be denied or 22.26 disciplinary action taken against the individual; 22.27(6)(7) advise the commissioner regarding approval of 22.28 continuing education activities provided by sponsors using the 22.29 criteria in section 148.5193, subdivision 2; and 22.30(7)(8) perform other duties authorized for advisory 22.31 councils under chapter 214, or as directed by the commissioner.