Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 363-H.F.No. 2340
An act relating to health professions; providing for
the registration of speech-language pathologists and
audiologists by the department of health; providing
penalties; proposing coding for new law in Minnesota
Statutes, chapter 148; repealing Minnesota Rules,
parts 4750.0010; 4750.0020; 4750.0030; 4750.0040;
4750.0050; 4750.0060; 4750.0070; 4750.0080; 4750.0090;
4750.0100; 4750.0200; 4750.0300; 4750.0400; 4750.0500;
4750.0600; and 4750.0700.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
Section 1. [148.511] [SPEECH-LANGUAGE PATHOLOGISTS AND
AUDIOLOGISTS.]
Sections 148.511 to 148.5196 apply only to persons who are
applicants for registration, who are registered, who use
protected titles, or who represent that they are registered.
Sections 148.511 to 148.5196 do not apply to school personnel
licensed by the board of teaching under Minnesota Rules, part
8700.5505, provided that school personnel practicing within the
scope of their licensed occupation preface titles protected
under section 148.513 with the words "school" or "educational."
Sec. 2. [148.512] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For the purpose of sections
148.511 to 148.5196, the following terms have the meanings given
to them.
Subd. 2. [ACCREDITED EDUCATIONAL INSTITUTION.] "Accredited
educational institution" means a university, college, or other
post-secondary educational institution that offers
speech-language pathology or audiology training and that is
accredited by the American Speech-Language-Hearing Association
or the National Council for Accreditation of Teacher Education.
Subd. 3. [ADVISORY COUNCIL.] "Advisory council" means the
Minnesota Speech-Language Pathologist and Audiologist Advisory
Council established under section 214.13, subdivision 4.
Subd. 4. [APPLICANT.] "Applicant" means a person who
applies to the commissioner for registration or registration
renewal.
Subd. 5. [APPROVED CONTINUING EDUCATION
SPONSOR.] "Approved continuing education sponsor" means an
organization that offers a learning experience designed to
promote continuing competency in the procedures and techniques
of the practice of speech-language pathology or audiology and
that meets the criteria in section 148.5193, subdivision 3, or
is a preapproved sponsor listed in section 148.5193, subdivision
2.
Subd. 6. [AUDIOLOGIST.] "Audiologist" means a natural
person who engages in the practice of audiology, meets the
qualifications required by sections 148.511 to 148.5196, and
registers as an audiologist with the commissioner. Audiologist
also means a natural person using any descriptive word with the
title audiologist.
Subd. 7. [COMMISSIONER.] "Commissioner" means the
commissioner of the department of health or a designee.
Subd. 8. [CONTACT HOUR.] "Contact hour" means an
instructional session of 50 consecutive minutes, excluding
coffee breaks, registration, meals without a speaker, and social
activities.
Subd. 9. [CONTINUING EDUCATION.] "Continuing education" is
a planned learning experience in speech-language pathology or
audiology not including the basic educational program leading to
a degree if the education is used by the registrant for credit
to achieve a baccalaureate or master's degree in speech-language
pathology or audiology.
Subd. 10. [CREDENTIAL.] "Credential" means a license,
permit, certification, registration, or other evidence of
qualification or authorization to engage in the practice of
speech-language pathology or audiology issued by any authority.
Subd. 11. [INDIVIDUAL.] "Individual" means a person over
whom the commissioner has jurisdiction under sections 148.511 to
148.5196. Individual includes an applicant, registrant, or
person who uses any title protected under section 148.513,
whether or not authorized to do so under sections 148.511 to
148.5196.
Subd. 12. [PRACTICE OF AUDIOLOGY.] The "practice of
audiology" means:
(1) screening, identification, assessment, and
interpretation, diagnosis, rehabilitation, and prevention of
hearing disorders;
(2) conservation of the auditory system function;
development and implementation of hearing conservation programs;
(3) measurement, assessment, and interpretation of auditory
and vestibular function;
(4) selecting, fitting, and dispensing of assistive
listening devices, alerting and amplification devices, and
systems for personal and public use, including hearing aids and
devices, and providing training in their use;
(5) aural habilitation and rehabilitation and related
counseling for hearing impaired individuals and their families;
(6) screening of speech, language, voice, or fluency for
the purposes of audiologic evaluation or identification of
possible communication disorders; or
(7) teaching of, consultation or research about, or
supervision of the functions in clauses (1) to (6).
Subd. 13. [REGISTER OR REGISTERED.] "Register" or
"registered" means the act or status of a natural person who
meets the requirements of sections 148.511 to 148.5196 and who
is authorized by the commissioner to use the titles in section
148.513.
Subd. 14. [REGISTRANT.] "Registrant" means a person who
meets the requirements of sections 148.511 to 148.5196 and is
authorized by the commissioner to use the titles in section
148.513.
Subd. 15. [REGISTRATION.] "Registration" is the system of
regulation defined in section 214.001, subdivision 3, paragraph
(c), and is the process specified in sections 148.511 to
148.5196.
Subd. 16. [SPEECH-LANGUAGE PATHOLOGIST.] "Speech-language
pathologist" means a person who practices speech-language
pathology, meets the qualifications under sections 148.511 to
148.5196, and registers with the commissioner. Speech-language
pathologist also means a natural person using, as an
occupational title, a term identified in section 148.513.
Subd. 17. [PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.] The
"practice of speech-language pathology" means:
(1) screening, identification, assessment and
interpretation, diagnosis, habilitation, rehabilitation,
treatment and prevention of disorders of speech, articulation,
fluency, voice, and language;
(2) screening, identification, assessment, and
interpretation, diagnosis, habilitation, and rehabilitation of
disorders of oral-pharyngeal function and related disorders;
(3) screening, identification, assessment, and
interpretation, diagnosis, habilitation, and rehabilitation of
communication disorders associated with cognition;
(4) assessing, selecting, and developing augmentative and
alternative communication systems and providing training in
their use;
(5) aural habilitation and rehabilitation and related
counseling for hearing impaired individuals and their families;
(6) enhancing speech-language proficiency and communication
effectiveness;
(7) audiometric screening for the purposes of
speech-language evaluation or for the identification of possible
hearing disorders; or
(8) teaching of, consultation or research about, or
supervision of the functions in clauses (1) to (7).
Subd. 18. [SUPERVISEE.] "Supervisee" means an individual
who, under the direction or evaluation of a supervisor, is:
(1) engaging in the supervised practice of speech-language
pathology or audiology;
(2) performing a function of supervised clinical training
as a student of speech-language pathology or audiology; or
(3) performing a function of supervised postgraduate
clinical experience in speech-language pathology or audiology.
Subd. 19. [SUPERVISION.] "Supervision" means the direct or
indirect evaluation or direction of:
(1) a practitioner of speech-language pathology or
audiology;
(2) a person performing a function of supervised clinical
training as a student of speech-language pathology or audiology;
or
(3) a person performing a function of supervised
postgraduate clinical experience in speech-language pathology or
audiology.
Subd. 20. [SUPERVISOR.] "Supervisor" means a person who
has the authority to direct or evaluate a supervisee and who is:
(1) a registered speech-language pathologist or
audiologist; or
(2) when the commissioner determines that supervision by a
registered speech-language pathologist or audiologist as
required in clause (1) is unobtainable, and in other situations
considered appropriate by the commissioner, a person practicing
speech-language pathology or audiology who holds a current
certificate of clinical competence from the American
Speech-Language-Hearing Association.
Sec. 3. [148.513] [PROTECTED TITLES AND RESTRICTIONS ON
USE.]
(a) A person shall not use a title relating to
speech-language pathology or audiology, except as provided in
paragraphs (b) and (c).
(b) Use of the following terms or initials which represent
the following terms, alone or in combination with any word or
words, by any person to form an occupational title is prohibited
unless that person is registered under sections 148.511 to
148.5196:
(1) speech-language;
(2) speech-language pathologist, S, SP, or SLP;
(3) speech pathologist;
(4) language pathologist;
(5) audiologist, A, or AUD;
(6) speech therapist; or
(7) speech clinician.
(c) Use of the term "Minnesota registered" in conjunction
with the titles protected under this section by any person is
prohibited unless that person is registered under sections
148.511 to 148.5196.
Sec. 4. [148.514] [GENERAL REGISTRATION REQUIREMENTS;
PROCEDURES AND QUALIFICATIONS.]
Subdivision 1. [GENERAL REGISTRATION PROCEDURES.] An
applicant for registration must:
(1) submit an application as required under section
148.519, subdivision 1; and
(2) submit all fees required under section 148.5194.
Subd. 2. [GENERAL REGISTRATION QUALIFICATIONS.] An
applicant for registration must possess the qualifications
required in one of the following clauses:
(1) a person who applies for registration and does not meet
the requirements in clause (2) or (3), must meet the
requirements in section 148.515;
(2) a person who applies for registration and who has a
current certificate of clinical competence issued by the
American Speech-Language-Hearing Association must meet the
requirements of section 148.516; or
(3) a person who applies for registration by reciprocity
must meet the requirements under section 148.517.
Sec. 5. [148.515] [QUALIFICATIONS FOR REGISTRATION.]
Subdivision 1. [APPLICABILITY.] Except as provided in
section 148.516 or 148.517, an applicant must meet the
requirements in this section.
Subd. 2. [MASTER'S OR DOCTORAL DEGREE REQUIRED.] (a) An
applicant must possess a master's or doctoral degree that meets
the requirements of paragraphs (b) to (h).
(b) All of the applicant's graduate coursework and clinical
practicum required in the professional area for which
registration is sought must have been initiated and completed at
an institution whose program was accredited by the educational
standards board of the American Speech-Language-Hearing
Association in the area for which registration is sought.
(c) The master's degree training must include a minimum of
112.5 quarter credits or 75 semester credits or their equivalent
of academic coursework that includes basic science coursework
and professional coursework.
(d) Applicants for registration in either speech-language
pathology or audiology must complete 40.5 quarter credits of the
112.5 quarter credits or 27 of the 75 semester credits or their
equivalent in basic science coursework, distributed as follows:
(1) nine quarter credits or six semester credits or their
equivalent must be in biological or physical sciences and
mathematics;
(2) nine quarter credits or six semester credits or their
equivalent must be in behavioral or social sciences, including
normal aspects of human behavior and communication; and
(3) 22.5 quarter credits or 15 semester credits or their
equivalent must be in basic human communication processes and
must include coursework in each of the following three areas of
speech, language, and hearing:
(i) the anatomic and physiologic bases;
(ii) the physical and psychophysical bases; and
(iii) the linguistic and psycholinguistic aspects.
(e) All applicants for registration must complete 54
quarter credits of the 112.5 quarter credits or 36 semester
credits of the 75 semester credits or their equivalent in
professional coursework. The coursework must include the
nature, prevention, evaluation, and treatment of speech,
language, and hearing disorders. The coursework must encompass
courses in speech, language, and hearing that concern disorders
primarily affecting children as well as disorders primarily
affecting adults. A minimum of 45 of the 54 quarter credits or
30 of the 36 semester credits or their equivalent must be
courses for which graduate credit was received. A minimum of
31.5 of the 45 quarter credits or 21 of the 30 semester credits
must be in the professional area for which registration is
sought.
(f) Applicants seeking registration as speech-language
pathologists must complete the following professional coursework:
(1) 45 quarter credits of the 54 quarter credits of the
professional coursework or 30 semester credits of the 36
semester credits of the professional coursework or their
equivalent must be in courses pertaining to speech-language
pathology and nine quarter credits of the 54 quarter credits or
six semester credits of the 36 semester credits or their
equivalent in courses in the area of audiology; and
(2) the 45 quarter credits or 30 semester credits or their
equivalent pertaining to speech-language pathology must include
at least nine quarter credits or six semester credits or their
equivalent in speech disorders and nine quarter credits or six
semester credits or their equivalent in language disorders. The
nine quarter credits or six semester credits or their equivalent
in the area of audiology must include at least 4.5 quarter
credits or three semester credits or their equivalent in hearing
disorders and hearing evaluation and 4.5 quarter credits or
three semester credits or their equivalent in habilitative and
rehabilitative procedures.
(g) Applicants seeking registration as an audiologist must
complete professional coursework as follows:
(1) 45 quarter credits of the 54 quarter credits or 30
semester credits of the 36 semester credits or their equivalent
of coursework must be in audiology. At least nine quarter
credits of the 45 quarter credits or six semester credits of the
30 semester credits in audiology must be in hearing disorders
and hearing evaluation and at least nine quarter credits or six
semester credits or their equivalent must be in habilitative or
rehabilitative procedures with individuals who have hearing
impairment; and
(2) nine quarter credits of the 54 quarter credits or six
semester credits of the 36 semester credits or their equivalent
in the area of speech-language pathology. At least 4.5 quarter
credits of the nine quarter credits or three semester credits of
the six semester credits must be in speech disorders and at
least 4.5 quarter credits of the nine quarter credits or three
semester credits of the six semester credits must be in language
disorders. This coursework in speech-language pathology must
concern the nature, prevention, evaluation, and treatment of
speech and language disorders not associated with hearing
impairment.
(h) Of the professional coursework required in paragraphs
(f) and (g), no more than nine quarter credits or six semester
credits or their equivalent associated with clinical training
may be counted toward the minimum of 54 quarter credits or 36
semester credits or their equivalent of professional coursework.
However, those hours may not be used to satisfy the minimum of
nine quarter credits or six semester credit hours in hearing
disorders or evaluation, nine quarter credits or six semester
credits in habilitative or rehabilitative procedures, or nine
quarter credits or six semester credits in speech-language
pathology.
Subd. 3. [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An
applicant must complete at least 375 hours of supervised
clinical training as a student that meets the requirements of
paragraphs (b) to (f).
(b) The supervised clinical training must be provided by
the educational institution or by one of its cooperating
programs.
(c) The first 25 hours of the supervised clinical training
must be spent in clinical observation. Those 25 hours must
concern the evaluation and treatment of children and adults with
disorders of speech, language, or hearing.
(d) All applicants must complete at least 350 hours of
supervised clinical training that concern the evaluation and
treatment of children and adults with disorders of speech,
language, and hearing. At least 250 of the 350 hours must be at
the graduate level in the area in which registration is sought.
At least 50 hours must be spent in each of three types of
clinical settings including, but not limited to, university
clinics, hospitals, private clinics, and schools, including
secondary and elementary.
(e) An applicant must:
(1) obtain 250 of the 350 supervised hours in
speech-language pathology;
(2) complete a minimum of 20 hours of the 250 hours in each
of the following eight categories:
(i) evaluation: speech disorders in children;
(ii) evaluation: speech disorders in adults;
(iii) evaluation: language disorders in children;
(iv) evaluation: language disorders in adults;
(v) treatment: speech disorders in children;
(vi) treatment: speech disorders in adults;
(vii) treatment: language disorders in children; and
(viii) treatment: language disorders in adults;
(3) complete a minimum of 35 hours in audiology including:
(i) 15 hours in the evaluation or screening of individuals
with hearing disorders; and
(ii) 15 hours in habilitation or rehabilitation of
individuals with hearing impairment; and
(4) obtain no more than 20 hours in the major professional
area that are in related disorders.
(f) An applicant seeking registration as an audiologist
must:
(1) obtain 250 of the 350 hours in audiology;
(2) complete a minimum of 40 hours in each of the following
four categories:
(i) evaluation: hearing in children;
(ii) evaluation: hearing in adults;
(iii) selection and use: amplification and assistive
devices for children; and
(iv) selection and use: amplification and assistive
devices for adults;
(3) complete a minimum of 20 hours in the category of the
treatment of hearing disorders in children and adults;
(4) complete a minimum of 35 hours of the 350 hours in
speech-language pathology unrelated to hearing impairment as
follows:
(i) 15 hours in evaluation or screening; and
(ii) 15 hours in treatment; and
(5) obtain no more than 20 hours in the major professional
area that are in related disorders.
Subd. 4. [SUPERVISED POSTGRADUATE CLINICAL EXPERIENCE
REQUIRED.] (a) An applicant must complete no less than nine
months or its equivalent of full-time supervised postgraduate
clinical experience according to paragraphs (b) to (h).
(b) Supervision in the postgraduate clinical experience
includes both on-site observation and other monitoring
activities. On-site observation must involve the supervisor,
the supervisee, and the client receiving speech-language
pathology or audiology services. On-site observation must
include direct observation by the supervisor of treatment given
by the supervisee. Other monitoring activities may be executed
by correspondence and include, but are not limited to,
conferences with the supervisee, evaluation of written reports,
and evaluations by professional colleagues. Other monitoring
activities do not include the client receiving speech-language
pathology or audiology services but must involve direct or
indirect evaluative contact by the supervisor of the supervisee.
(c) The applicant must, as part of the postgraduate
clinical experience, be supervised by an individual who meets
the definition of section 148.512, subdivision 20, and:
(1) when registration as a speech-language pathologist is
sought, is a registered speech-language pathologist or hold a
current certificate of clinical competence in speech-language
pathology from the American Speech-Language-Hearing Association;
and
(2) when registration as an audiologist is sought, is a
registered audiologist or hold a current certificate of clinical
competence in audiology from the American
Speech-Language-Hearing Association.
(d) The applicant may not begin the postgraduate clinical
experience until the applicant has completed the academic
coursework and clinical training in subdivisions 2 and 3.
(e) To be considered full time, at least 30 hours per week
must be spent over a nine-month period in clinical work.
Equivalent time periods may include part-time professional
employment as follows:
(1) 12 months of at least 25 hours per week;
(2) 15 months of at least 20 hours per week; or
(3) 18 months of at least 15 hours per week.
(f) The applicant's postgraduate clinical experience must
include direct clinical experience with patients, consultations,
report writing, recordkeeping, or other duties relevant to
clinical work. A minimum of 80 percent of the clinical
experience must be in direct contact with persons who have
communication handicaps. If the applicant uses part-time
employment to fulfill the postgraduate clinical experience
requirement, all of the minimum required hours of the part-time
work week requirement must be spent in direct professional
experience.
(g) The applicant must complete the postgraduate clinical
experience within a maximum of 36 consecutive months and must be
supervised in no less than 36 activities, including 18 one-hour
on-site observations. A maximum of six hours can be accrued in
one day. A minimum of six one-hour on-site observations must be
accrued during each one-third of the experience.
(h) The applicant must complete 18 other monitored
activities and complete at least one monitored activity each
month of the postgraduate clinical experience. Alternatives to
on-site observation and monitoring activities include activities
supervised by correspondence, evaluation of written reports, and
evaluations by professional colleagues.
Subd. 5. [QUALIFYING EXAMINATION SCORE REQUIRED.] (a) An
applicant must achieve a qualifying score on the National
Examination in Speech-Language Pathology or Audiology (NESPA),
administered by NTE Programs, Educational Testing Service.
(b) The commissioner shall determine the qualifying scores
for both the speech-language pathology and audiology
examinations based on guidelines provided by the advisory
council or the American Speech-Language-Hearing Association.
(c) The applicant is responsible for:
(1) making arrangements to take the examination described
in this subdivision;
(2) bearing all expenses associated with taking the
examination;
(3) having the examination scores sent directly to the
commissioner from the Educational Testing Service; and
(4) including a copy of the scores along with the original
registration application.
(d) The applicant must receive a qualifying score on the
examination within three years after the applicant applies for
registration under section 148.519. If the applicant does not
receive a qualifying score on the examination within three years
after the applicant applies for registration, the applicant may
apply to the commissioner in writing for consideration to submit
a new application for registration under section 148.519.
Sec. 6. [148.516] [REGISTRATION BY EQUIVALENCY.]
An applicant who applies for registration by equivalency
must show evidence of possessing a current certificate of
clinical competence issued by the American
Speech-Language-Hearing Association and must meet the
requirements of section 148.514.
Sec. 7. [148.517] [REGISTRATION BY RECIPROCITY.]
Subdivision 1. [APPLICABILITY.] An applicant who applies
for registration as a speech-language pathologist or audiologist
by reciprocity must meet the requirements of subdivisions 2 and
3.
Subd. 2. [CURRENT CREDENTIALS REQUIRED.] An applicant
applying for registration by reciprocity must provide evidence
to the commissioner that the applicant holds a current and
unrestricted credential for the practice of speech-language
pathology or audiology in another jurisdiction that has
requirements equivalent to or higher than those in effect for
determining whether an applicant in this state is qualified to
be registered as a speech-language pathologist or audiologist.
An applicant who provides sufficient evidence need not meet the
requirements of section 148.515, provided that the applicant
otherwise meets all other requirements of section 148.514.
Subd. 3. [VERIFICATION OF CREDENTIALS REQUIRED.] An
applicant for registration by reciprocity under subdivision 2,
must have the appropriate government body in each jurisdiction
in which the applicant holds a credential submit letters of
verification to the commissioner. Each letter must state the
applicant's name, date of birth, credential number, date of
issuance, a statement regarding disciplinary actions, if any,
taken against the applicant, and the terms under which the
credential was issued.
Sec. 8. [148.518] [REGISTRATION FOLLOWING LAPSE OF
REGISTERED STATUS.]
Subdivision 1. [LAPSE OF THREE YEARS OR LESS.] For an
applicant whose registered status has lapsed for three years or
less, the applicant must:
(1) apply for registration renewal according to section
148.5191 and document compliance with the continuing education
requirements of section 148.5193 since the applicant's
registration lapsed; or
(2) fulfill the requirements of section 148.517.
Subd. 2. [LAPSE OF MORE THAN THREE YEARS.] For an
applicant whose registered status has lapsed for more than three
years, the applicant must:
(1) apply for registration renewal according to section
148.5191 and fulfill the requirements for registration under
section 148.515, subdivisions 4 and 5. A qualifying score on
the examination described in section 148.515, subdivision 5,
must be obtained within one year of the application date for
registration renewal; or
(2) fulfill the requirements of section 148.517.
Sec. 9. [148.519] [REGISTRATION PROCEDURES.]
Subdivision 1. [APPLICATIONS FOR REGISTRATION.] An
applicant for registration must:
(1) submit a completed application for registration on
forms provided by the commissioner. The application must
include the applicant's name, certification number under chapter
153A, if applicable, business address and telephone number, or
home address and telephone number if the applicant practices
speech-language pathology or audiology out of the home, and a
description of the applicant's education, training, and
experience, including previous work history for the five years
immediately preceding the date of application. The commissioner
may ask the applicant to provide additional information
necessary to clarify information submitted in the application;
(2) submit a transcript showing the completion of a
master's degree or its equivalent meeting the requirements of
section 148.515, subdivision 2;
(3) submit documentation of the required hours of
supervised clinical training meeting the requirements of section
148.515, subdivision 3;
(4) submit documentation of the postgraduate clinical
experience meeting the requirements of section 148.515,
subdivision 4;
(5) submit documentation of receiving a qualifying score on
an examination meeting the requirements of section 148.515,
subdivision 5;
(6) sign a statement that the information in the
application is true and correct to the best of the applicant's
knowledge and belief;
(7) submit with the application all fees required by
section 148.5194; and
(8) sign a waiver authorizing the commissioner to obtain
access to the applicant's records in this or any other state in
which the applicant has engaged in the practice of
speech-language pathology or audiology.
Subd. 2. [ACTION ON APPLICATIONS FOR REGISTRATION.] (a)
The commissioner shall act on an application for registration
according to paragraphs (b) to (d).
(b) The commissioner shall determine if the applicant meets
the requirements for registration. The commissioner or advisory
council may investigate information provided by an applicant to
determine whether the information is accurate and complete.
(c) The commissioner shall notify an applicant of action
taken on the application and of the grounds for denying
registration if registration is denied.
(d) An applicant denied registration may make a written
request to the commissioner, within 30 days of the date of
notification to the applicant, to appear before the advisory
council and for the advisory council to review the
commissioner's decision to deny the applicant's registration.
After reviewing the denial, the advisory council shall make a
recommendation to the commissioner as to whether the denial
should be affirmed. An applicant is allowed no more than one
request for a review of denial of registration in any one
registration renewal period.
Sec. 10. [148.5191] [REGISTRATION RENEWAL.]
Subdivision 1. [RENEWAL REQUIREMENTS.] To renew
registration, an applicant must:
(1) annually complete a renewal application on a form
provided by the commissioner and submit the annual renewal fee;
(2) meet the continuing education requirements of section
148.5193 and submit evidence of attending continuing education
courses, as required in section 148.5193, subdivision 6; and
(3) submit additional information if requested by the
commissioner to clarify information presented in the renewal
application. The information must be submitted within 30 days
after the commissioner's request.
Subd. 2. [LATE FEE.] An application submitted after the
renewal deadline date must be accompanied by a late fee as
provided in section 148.5194, subdivision 4.
Subd. 3. [REGISTRATION RENEWAL NOTICE.] Registration
renewal is on an annual basis. At least 30 days before the
registration renewal date in subdivision 4, the commissioner
shall send out a renewal notice to the registrant's last known
address. The notice shall include a renewal application and
notice of fees required for renewal. If the registrant does not
receive the renewal notice, the registrant is still required to
meet the deadline for renewal to qualify for continuous
registered status.
Subd. 4. [RENEWAL DEADLINE.] The renewal application and
fee must be postmarked on or before the date registration must
be renewed according to clauses (1) to (5). Registration must
be renewed according to the following schedule:
(1) for registrants whose last name begins with the letters
A to E, February 1;
(2) for registrants whose last name begins with the letters
F to L, April 1;
(3) for registrants whose last name begins with the letters
M to P, June 1;
(4) for registrants whose last name begins with the letters
Q to U, August 1; and
(5) for registrants whose last name begins with the letters
V to Z, October 1.
Sec. 11. [148.5193] [CONTINUING EDUCATION REQUIREMENTS.]
Subdivision 1. [NUMBER OF CONTACT HOURS REQUIRED.] (a) An
applicant for registration renewal must meet the requirements
for continuing education according to paragraphs (b) to (e).
(b) An applicant for registration renewal as either a
speech-language pathologist or an audiologist must provide
evidence to the commissioner of a minimum of 30 contact hours of
continuing education offered by an approved continuing education
sponsor within the two years immediately preceding registration
renewal. A minimum of 20 contact hours of continuing education
must be directly related to the registrant's area of
registration. Ten contact hours of continuing education may be
in areas generally related to the registrant's area of
registration.
(c) An applicant for registration renewal as both a
speech-language pathologist and an audiologist must attest to
and document completion of a minimum of 36 contact hours of
continuing education offered by an approved continuing education
sponsor within the two years immediately preceding registration
renewal. A minimum of 15 contact hours must be received in the
area of speech-language pathology and a minimum of 15 contact
hours must be received in the area of audiology. Six contact
hours of continuing education may be in areas generally related
to the registrant's areas of registration.
(d) If the registrant is licensed by the board of teaching:
(1) activities that are approved in the categories of
Minnesota Rules, part 8700.1000, subpart 3, items A and B, and
that relate to speech-language pathology, shall be considered:
(i) offered by an approved sponsor of continuing education;
and
(ii) directly related to speech-language pathology;
(2) activities that are approved in the categories of
Minnesota Rules, part 8700.1000, subpart 3, shall be considered:
(i) offered by an approved sponsor of continuing education;
and
(ii) generally related to speech-language pathology; and
(3) one clock hour as defined in Minnesota Rules, part
8700.1000, subpart 1, is equivalent to 1.2 contact hours of
continuing education.
(e) Contact hours cannot be accumulated in advance and
transferred to a future continuing education period.
Subd. 2. [PREAPPROVED CONTINUING EDUCATION SPONSORS.] The
commissioner will accept continuing education approved or
sponsored by the Minnesota department of health, the Minnesota
Speech-Language-Hearing Association, the American
Speech-Language-Hearing Association, the American Academy of
Audiology, the Minnesota Academy of Audiology, the Academy of
Rehabilitative Audiologists, the Acoustical Society of America,
Twin Cities Clinical Speech-Language Pathologists, Minnesota
Foundation for Acoustical Education and Research, or
universities accredited by the American Speech-Language-Hearing
Association.
Subd. 3. [APPROVAL OF CONTINUING EDUCATION SPONSORS.] (a)
Continuing education sponsors, unless preapproved under
subdivision 2, must be approved by the commissioner according to
paragraphs (b) to (e).
(b) Applications for approval must be submitted to the
commissioner at least 60 days before the date of the first
continuing education activity. Applications must be made in
writing by the person or officer of the organization sponsoring
the program. On receiving the commissioner's approval,
continuing education activities of the sponsor related to
speech-language pathology or audiology are approved for two
years following the date of the commissioner's approval. To
obtain approval, continuing education sponsors must submit the
information described in clauses (1) to (5) on an application
provided by the commissioner:
(1) The continuing education sponsor must describe the
content of courses to be offered. The course content must
contribute directly to the professional competency of the
speech-language pathologist or audiologist, must be beyond the
basic educational program leading to a degree in speech-language
pathology or audiology, and must include subject matter related
to current developments in speech-language pathology and
audiology.
(2) The continuing education sponsor must describe the
method of instruction for each course offered. The continuing
education sponsor must describe for each course offered the
teaching methods to be used, such as lecture, seminar,
audiovisual, or simulation.
(3) The continuing education sponsor must outline specific
written objectives that describe expected outcomes for the
participants.
(4) The continuing education sponsor must state the number
of contact hours of continuing education which may be obtained
by completing a specified course, which must be a minimum of one
hour.
(5) The continuing education sponsor must provide a resume
of each instructor's qualifications with the application for
approval by the commissioner. Instructors must be qualified to
teach the specified course content based on their prior
education, training, or experience.
(c) The continuing education sponsor must report to the
commissioner, on a timely basis, any change in the course
content or instructor.
(d) Continuing education sponsors must maintain, for a
minimum of three years, a record of attendance for each course
offered.
(e) To maintain approval as a continuing education sponsor,
a continuing education sponsor must continue to comply with this
section.
Subd. 4. [EARNING CONTINUING EDUCATION CONTACT HOURS
THROUGH CONTACT HOUR EQUIVALENTS.] (a) A registrant who teaches
continuing education courses may obtain contact hour equivalents
according to paragraphs (b) to (d).
(b) The sponsor of the course must be approved by the
commissioner.
(c) A registrant may not obtain more than six contact hours
in any two-year continuing education period by teaching
continuing education courses.
(d) A registrant may obtain two contact hours for each hour
spent teaching a course if the course is sponsored by an
approved continuing education sponsor. Contact hours may be
claimed only once for teaching the same course in any two-year
continuing education period.
Subd. 5. [CONTINUING EDUCATION ACTIVITIES OFFERED BY A
SPONSOR NOT APPROVED BY THE COMMISSIONER.] (a) A registrant may
seek approval of a continuing education activity offered by a
sponsor who is not approved by the commissioner. The registrant
must seek approval according to paragraphs (b) and (c).
(b) The registrant's request for approval must be made in
writing to the commissioner, on forms available from the
commissioner. A request for approval before the continuing
education activity is attended must be made a minimum of 45 days
before the first day of the continuing education activity. A
request for approval after the continuing education activity is
attended must be made within 45 days of the last day of the
continuing education activity and must include verification of
attendance. A registrant not complying with this subdivision
will not receive approval for the continuing education activity.
(c) A registrant denied approval of a continuing education
activity may make a written request to the commissioner, within
30 days of the commissioner's decision, that the advisory
council review the commissioner's decision to deny the
registrant's request for approval of continuing education.
After reviewing a denial, the advisory council shall submit its
recommendation to the commissioner.
Subd. 6. [EVIDENCE OF ATTENDANCE.] A registrant must
maintain records of attending the continuing education contact
hours required for registration renewal. An applicant for
registration renewal must submit the following information on a
form provided by the commissioner: the sponsoring organization,
the dates of the course, the course name, the number of contact
hours completed, and the name and signature of the registrant.
The form must be submitted with the renewal application under
section 148.5191, subdivision 1.
Subd. 7. [VERIFICATION OF CONTINUING EDUCATION
REPORTS.] The commissioner may request a registrant or
continuing education sponsor to verify the continuing education
to which the registrant attested. Documentation may come
directly from the registrant, the continuing education sponsor,
or from a national accrediting or certifying organization which
maintains the records.
Subd. 8. [WAIVER OF CONTINUING EDUCATION
REQUIREMENTS.] The commissioner may grant a waiver of the
requirements of this section in cases where the requirements
would impose an undue burden on the registrant. A registrant
must request in writing a waiver of the requirements of this
section. The request for a waiver must cite this section, the
reasons for requesting the waiver, the period of time the
registrant wishes to have the continuing education requirement
waived, and the alternative measures that will be taken if a
waiver is granted. The commissioner shall set forth, in
writing, the reasons for granting or denying the waiver.
Waivers granted by the commissioner shall specify in writing the
time limitation and required alternative measures to be taken by
the registrant.
Sec. 12. [148.5194] [FEES.]
Subdivision 1. [FIRST TIME REGISTRANTS AND APPLICANTS FOR
REGISTRATION RENEWAL.] The commissioner shall prorate the
registration fee for first time registrants and applicants for
registration renewal according to the number of months that have
elapsed between the date registration is issued and the date
registration must be renewed under section 148.5191, subdivision
4.
Subd. 2. [ANNUAL REGISTRATION FEE.] The fee for initial
registration and annual registration renewal is $80.
Subd. 3. [ANNUAL REGISTRATION FEE FOR DUAL REGISTRATION AS
A SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST.] The fee for
initial registration and annual registration renewal is $80.
Subd. 4. [PENALTY FEE FOR LATE RENEWALS.] The penalty fee
for late submission of a renewal application is $15.
Subd. 5. [NONREFUNDABLE FEES.] All fees are nonrefundable.
Sec. 13. [148.5195] [INVESTIGATION PROCESS AND GROUNDS FOR
DISCIPLINARY ACTION.]
Subdivision 1. [INVESTIGATIONS OF COMPLAINTS.] The
commissioner or advisory council may initiate an investigation
upon receiving a signed complaint or other signed written
communication that alleges or implies that an individual has
violated sections 148.511 to 148.5196. According to section
214.13, subdivision 6, in the receipt, investigation, and
hearing of a complaint that alleges or implies an individual has
violated sections 148.511 to 148.5196, the commissioner shall
follow the procedures in section 214.10.
Subd. 2. [RIGHTS OF APPLICANTS AND REGISTRANTS.] The
rights of an applicant denied registration are stated in section
148.519, subdivision 2, paragraph (d). A registrant shall not
be subjected to disciplinary action under this section without
first having an opportunity for a contested case hearing under
chapter 14.
Subd. 3. [GROUNDS FOR DISCIPLINARY ACTION BY
COMMISSIONER.] The commissioner may take any of the disciplinary
actions listed in subdivision 4 on proof that the individual has:
(1) intentionally submitted false or misleading information
to the commissioner or the advisory council;
(2) failed, within 30 days, to provide information in
response to a written request by the commissioner or advisory
council;
(3) performed services of a speech-language pathologist or
audiologist in an incompetent or negligent manner;
(4) violated sections 148.511 to 148.5196;
(5) failed to perform services with reasonable judgment,
skill, or safety due to the use of alcohol or drugs, or other
physical or mental impairment;
(6) violated any state or federal law, rule, or regulation,
and the violation is a felony or misdemeanor, an essential
element of which is dishonesty, or which relates directly or
indirectly to the practice of speech-language pathology or
audiology. Conviction for violating any state or federal law
which relates to speech-language pathology or audiology is
necessarily considered to constitute a violation, except as
provided in chapter 364;
(7) aided or abetted another person in violating any
provision of sections 148.511 to 148.5196;
(8) been or is being disciplined by another jurisdiction,
if any of the grounds for the discipline is the same or
substantially equivalent to those under sections 148.511 to
148.5196;
(9) not cooperated with the commissioner or advisory
council in an investigation conducted according to subdivision
1;
(10) advertised in a manner that is false or misleading;
(11) engaged in conduct likely to deceive, defraud, or harm
the public; or demonstrated a willful or careless disregard for
the health, welfare, or safety of a client;
(12) failed to disclose to the consumer any fee splitting
or any promise to pay a portion of a fee to any other
professional other than a fee for services rendered by the other
professional to the client;
(13) engaged in abusive or fraudulent billing practices,
including violations of federal Medicare and Medicaid laws, Food
and Drug Administration regulations, or state medical assistance
laws;
(14) obtained money, property, or services from a consumer
through the use of undue influence, high pressure sales tactics,
harassment, duress, deception, or fraud;
(15) performed services for a client who had no possibility
of benefiting from the services;
(16) failed to refer a client for medical evaluation or to
other health care professionals when appropriate or when a
client indicated symptoms associated with diseases that could be
medically or surgically treated; or
(17) if the individual is a dispenser of hearing
instruments as defined by section 153A.13, subdivision 5, had
the certification required by chapter 153A, denied, suspended,
or revoked according to chapter 153A.
Subd. 4. [DISCIPLINARY ACTIONS.] If the commissioner finds
that an individual should be disciplined according to
subdivision 3, the commissioner may take any one or more of the
following actions:
(1) refuse to grant or renew registration;
(2) suspend registration for a period not exceeding one
year;
(3) revoke registration; or
(4) take any reasonable lesser action against an individual
upon proof that the individual has violated sections 148.511 to
148.5196.
Subd. 5. [CONSEQUENCES OF DISCIPLINARY ACTIONS.] Upon the
suspension or revocation of registration, the speech-language
pathologist or audiologist shall cease to use titles protected
under sections 148.511 to 148.5196 and shall cease to represent
to the public that the speech-language pathologist or
audiologist is registered by the commissioner.
Subd. 6. [REINSTATEMENT REQUIREMENTS AFTER DISCIPLINARY
ACTION.] A speech-language pathologist or audiologist who has
had registration suspended may petition on forms provided by the
commissioner for reinstatement following the period of
suspension specified by the commissioner. The requirements of
section 148.5191 for renewing registration must be met before
registration may be reinstated.
Sec. 14. [148.5196] [SPEECH-LANGUAGE PATHOLOGIST AND
AUDIOLOGIST ADVISORY COUNCIL.]
Subdivision 1. [MEMBERSHIP.] The commissioner shall
appoint seven persons to a speech-language pathologist and
audiologist advisory council. The seven persons must include:
(1) two public members, as defined in section 214.02. The
public members shall be either persons receiving services of a
speech-language pathologist or audiologist, or family members of
or caregivers to such persons;
(2) two speech-language pathologists registered under
sections 148.511 to 148.5196, one of whom is currently and has
been, for the five years immediately preceding the appointment,
engaged in the practice of speech-language pathology in
Minnesota and each of whom is employed in a different employment
setting including, but not limited to, private practice,
hospitals, rehabilitation settings, educational settings, and
government agencies;
(3) one speech-language pathologist registered under
sections 148.511 to 148.5196, who is currently and has been, for
the five years immediately preceding the appointment, employed
by a Minnesota public school district or a Minnesota public
school district consortium that is authorized by Minnesota
Statutes and who is licensed in communication disorders by the
Minnesota board of teaching; and
(4) two audiologists registered under sections 148.511 to
148.5196, one of whom is currently and has been, for the five
years immediately preceding the appointment, engaged in the
practice of audiology in Minnesota and each of whom is employed
in a different employment setting including, but not limited to,
private practice, hospitals, rehabilitation settings,
educational settings, industry, and government agencies.
Subd. 2. [ORGANIZATION.] The advisory council shall be
organized and administered under section 15.059.
Subd. 3. [DUTIES.] The advisory council shall:
(1) advise the commissioner regarding speech-language
pathologist and audiologist registration standards;
(2) advise the commissioner on enforcement of sections
148.511 to 148.5196;
(3) provide for distribution of information regarding
speech-language pathologist and audiologist registration
standards;
(4) review applications and make recommendations to the
commissioner on granting or denying registration or registration
renewal;
(5) review reports of investigations relating to
individuals and make recommendations to the commissioner as to
whether registration should be denied or disciplinary action
taken against the individual;
(6) advise the commissioner regarding approval of
continuing education sponsors using the criteria in section
148.5193, subdivision 3; and
(7) perform other duties authorized for advisory councils
under chapter 214, or as directed by the commissioner.
Sec. 15. [REVISOR INSTRUCTION.]
The revisor of statutes shall correct references to
Minnesota Rules, chapter 4750, in Minnesota Rules, part
4668.0080.
Sec. 16. [REPEALER.]
Minnesota Rules, parts 4750.0010; 4750.0020; 4750.0030;
4750.0040; 4750.0050; 4750.0060; 4750.0070; 4750.0080;
4750.0090; 4750.0100; 4750.0200; 4750.0300; 4750.0400;
4750.0500; 4750.0600; and 4750.0700, are repealed.
Presented to the governor March 19, 1996
Signed by the governor March 21, 1996, 2:25 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes