Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2003, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 87-S.F.No. 333
An act relating to health; extending dates of certain
advisory councils; modifying certain nursing
requirements; modifying provisions relating to the
practice of speech-language pathology or audiology;
amending Minnesota Statutes 2002, sections 147B.05,
subdivision 2; 147C.35, subdivision 2; 147D.25,
subdivision 2; 148.212; 148.235, by adding a
subdivision; 148.281, subdivision 1; 148.511; 148.512,
subdivisions 2, 4, 6, 7, 8, 12, 13, 14, 15, 16, 17,
18, 20; 148.513; 148.514; 148.515, subdivisions 2, 4;
148.516; 148.5161; 148.517; 148.518; 148.519;
148.5191; 148.5193, subdivisions 1, 4, 6, 6a, 7, 8;
148.5194, subdivisions 1, 2, 3, 3a; 148.5195,
subdivisions 2, 3, 4, 5, 6; 148.5196; 153A.14,
subdivisions 2a, 2i; 153A.17; 153A.20, subdivision 1;
214.32, subdivision 1; repealing Minnesota Statutes
2002, sections 148.512, subdivision 11; 148.515,
subdivisions 3, 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 147B.05,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATION; COMPENSATION; REMOVAL; QUORUM.]
The advisory council is governed by section 15.059, except that
the council does not expire until June 30, 2003 2007.
Sec. 2. Minnesota Statutes 2002, section 147C.35,
subdivision 2, is amended to read:
Subd. 2. [ORGANIZATION.] The advisory council shall be
organized and administered under section 15.059. The council
expires June 30, 2003 2007.
Sec. 3. Minnesota Statutes 2002, section 147D.25,
subdivision 2, is amended to read:
Subd. 2. [ORGANIZATION.] The advisory council shall be
organized and administered under section 15.059. The council
expires June 30, 2003 2007.
Sec. 4. Minnesota Statutes 2002, section 148.212, is
amended to read:
148.212 [TEMPORARY PERMIT.]
Subdivision 1. [ISSUANCE.] Upon receipt of the applicable
licensure or reregistration fee and permit fee, and in
accordance with rules of the board, the board may issue a
nonrenewable temporary permit to practice professional or
practical nursing to an applicant for licensure or
reregistration who is not the subject of a pending investigation
or disciplinary action, nor disqualified for any other reason,
under the following circumstances:
(a) The applicant for licensure by examination under
section 148.211, subdivision 1, has graduated from an approved
nursing program within the 60 days preceding board receipt of an
affidavit of graduation or transcript and has been authorized by
the board to write the licensure examination for the first time
in the United States. The permit holder must practice
professional or practical nursing under the direct supervision
of a registered nurse. The permit is valid from the date of
issue until the date the board takes action on the application
or for 60 days whichever occurs first.
(b) The applicant for licensure by endorsement under
section 148.211, subdivision 2, is currently licensed to
practice professional or practical nursing in another state,
territory, or Canadian province. The permit is valid from
submission of a proper request until the date of board action on
the application.
(c) The applicant for licensure by endorsement under
section 148.211, subdivision 2, or for reregistration under
section 148.231, subdivision 5, is currently registered in a
formal, structured refresher course or its equivalent for nurses
that includes clinical practice.
(d) The applicant for licensure by examination under
section 148.211, subdivision 1, has been issued a Commission on
Graduates of Foreign Nursing Schools certificate, has completed
all requirements for licensure except the examination, and has
been authorized by the board to write the licensure examination
for the first time in the United States. The permit holder must
practice professional nursing under the direct supervision of a
registered nurse. The permit is valid from the date of issue
until the date the board takes action on the application or for
60 days, whichever occurs first.
Subd. 2. [REVOCATION.] The board may revoke a temporary
permit that has been issued to an applicant for licensure under
section 148.211, subdivisions 1 and 2, if the applicant is the
subject of an investigation or disciplinary action, or is
disqualified for any other reason.
Subd. 3. [RELEASE OF INFORMATION.] Notwithstanding section
13.41, subdivision 2, the board may release information
regarding action taken by the board pursuant to subdivisions 1
and 2.
Sec. 5. Minnesota Statutes 2002, section 148.235, is
amended by adding a subdivision to read:
Subd. 10. [ADMINISTRATION OF MEDICATIONS BY UNLICENSED
PERSONNEL IN NURSING FACILITIES.] Notwithstanding the provisions
of Minnesota Rules, part 4658.1360, subpart 2, a graduate of a
foreign nursing school who has successfully completed an
approved competency evaluation under the provisions of section
144A.61 is eligible to administer medications in a nursing
facility upon completion of a medication training program for
unlicensed personnel offered through a postsecondary educational
institution, which meets the requirements specified in Minnesota
Rules, part 4658.1360, subpart 2, item B.
Sec. 6. Minnesota Statutes 2002, section 148.281,
subdivision 1, is amended to read:
Subdivision 1. [VIOLATIONS DESCRIBED.] It shall be
unlawful for any person, corporation, firm, or association, to:
(1) sell or fraudulently obtain or furnish any nursing
diploma, license or record, or aid or abet therein;
(2) practice professional or practical nursing, practice as
a public health nurse, or practice as a certified clinical nurse
specialist, certified nurse-midwife, certified nurse
practitioner, or certified registered nurse anesthetist under
cover of any diploma, permit, license, registration certificate,
advanced practice credential, or record illegally or
fraudulently obtained or signed or issued unlawfully or under
fraudulent representation;
(3) practice professional or practical nursing unless the
person has been issued a temporary permit under the provisions
of section 148.212 or is duly licensed and currently registered
to do so under the provisions of sections 148.171 to 148.285;
(4) use the professional title nurse unless duly licensed
to practice professional or practical nursing under the
provisions of sections 148.171 to 148.285, except as authorized
by the board by rule;
(5) use any abbreviation or other designation tending to
imply licensure as a registered nurse or licensed practical
nurse unless duly licensed and currently registered so to
practice professional or practical nursing under the provisions
of sections 148.171 to 148.285 except as authorized by the board
by rule;
(5) (6) use any title, abbreviation, or other designation
tending to imply certification as a certified registered nurse
as defined in section 148.171, subdivision 22, unless duly
certified by a national nurse certification organization;
(6) (7) use any abbreviation or other designation tending
to imply registration as a public health nurse unless duly
registered by the board;
(7) (8) practice professional, advanced practice
registered, or practical nursing in a manner prohibited by the
board in any limitation of a license or registration issued
under the provisions of sections 148.171 to 148.285;
(8) (9) practice professional, advanced practice
registered, or practical nursing during the time a license or
current registration issued under the provisions of sections
148.171 to 148.285 shall be suspended or revoked;
(9) (10) conduct a nursing program for the education of
persons to become registered nurses or licensed practical nurses
unless the program has been approved by the board;
(10) (11) knowingly employ persons in the practice of
professional or practical nursing who have not been issued a
current permit, license, or registration certificate to practice
as a nurse in this state; and
(11) (12) knowingly employ a person in advanced practice
registered nursing unless the person meets the standards and
practices of sections 148.171 to 148.285.
Sec. 7. Minnesota Statutes 2002, section 148.511, is
amended to read:
148.511 [SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SCOPE.]
Sections 148.511 to 148.5196 apply only to persons who are
applicants for registration licensure, who are registered, who
use protected titles, or who represent that they are registered
licensed, or who engage in the practice of speech-language
pathology or audiology. Sections 148.511 to 148.5196 do not
apply to school personnel licensed by the board of teaching,
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." and practicing
within the scope of their school license under Minnesota Rules,
part 8710.6000.
Sec. 8. Minnesota Statutes 2002, section 148.512,
subdivision 2, is amended to read:
Subd. 2. [ACCREDITED EDUCATIONAL INSTITUTION.] "Accredited
educational institution" means a university, or college, or
other post-secondary educational institution that offers
speech-language pathology or audiology training graduate degrees
and that is accredited by the American Speech-Language-Hearing
Association or the National Council for Accreditation of Teacher
Education Council on Academic Accreditation in Audiology and
Speech Language Pathology, a body recognized by the United
States Department of Education, or an equivalent as determined
by the commissioner.
Sec. 9. Minnesota Statutes 2002, section 148.512,
subdivision 4, is amended to read:
Subd. 4. [APPLICANT.] "Applicant" means a person who
applies to the commissioner for registration licensure or
registration licensure renewal.
Sec. 10. Minnesota Statutes 2002, section 148.512,
subdivision 6, is amended to read:
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 is licensed by the commissioner.
Audiologist also means a natural person using any descriptive
word with the title audiologist.
Sec. 11. Minnesota Statutes 2002, section 148.512,
subdivision 7, is amended to read:
Subd. 7. [COMMISSIONER.] "Commissioner" means the
commissioner of the department of health or a designee.
Sec. 12. Minnesota Statutes 2002, section 148.512,
subdivision 8, is amended to read:
Subd. 8. [CONTACT HOUR.] "Contact hour" means an
instructional session of 50 60 consecutive minutes, excluding
coffee breaks, registration, meals without a speaker, and social
activities.
Sec. 13. Minnesota Statutes 2002, section 148.512,
subdivision 12, is amended to read:
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).
The practice of audiology does not include the practice of
medicine and surgery, or osteopathic medicine and surgery, or
medical diagnosis that is commonly performed by a physician.
Sec. 14. Minnesota Statutes 2002, section 148.512,
subdivision 13, is amended to read:
Subd. 13. [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).
The practice of speech-language pathology does not include
the practice of medicine and surgery, or osteopathic medicine
and surgery, or medical diagnosis that is commonly performed by
a physician.
Sec. 15. Minnesota Statutes 2002, section 148.512,
subdivision 14, is amended to read:
Subd. 14. [REGISTER LICENSE OR REGISTERED
LICENSED.] "Register" "License" or "registered" "licensed"
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.
Sec. 16. Minnesota Statutes 2002, section 148.512,
subdivision 15, is amended to read:
Subd. 15. [REGISTRANT LICENSEE.] "Registrant" "Licensee"
means a person an individual 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.
Sec. 17. Minnesota Statutes 2002, section 148.512,
subdivision 16, is amended to read:
Subd. 16. [REGISTRATION LICENSURE.]
"Registration" "Licensure" 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.
Sec. 18. Minnesota Statutes 2002, section 148.512,
subdivision 17, is amended to read:
Subd. 17. [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 is licensed by the commissioner.
Speech-language pathologist also means a natural person using,
as an occupational title, a term identified in section 148.513.
Sec. 19. Minnesota Statutes 2002, section 148.512,
subdivision 18, is amended to read:
Subd. 18. [SUPERVISEE.] "Supervisee" means an individual a
person 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 or
doctoral clinical experience in speech-language pathology or
audiology.
Sec. 20. Minnesota Statutes 2002, section 148.512,
subdivision 20, is amended to read:
Subd. 20. [SUPERVISOR.] "Supervisor" means a person who
has the authority to direct or evaluate a supervisee and who is:
(1) is a registered licensed speech-language pathologist or
audiologist; or
(2) when the commissioner determines that supervision by a
registered licensed speech-language pathologist or audiologist
as required in clause (1) is unobtainable, and in other
situations considered appropriate by the commissioner, is a
person practicing speech-language pathology or audiology who
holds a current certificate of clinical competence from the
American Speech-Language-Hearing Association or board
certification in audiology by the American Board of Audiology.
Sec. 21. Minnesota Statutes 2002, section 148.513, is
amended to read:
148.513 [LICENSURE; PROTECTED TITLES AND RESTRICTIONS ON
USE; EXEMPTIONS.]
(a) A person shall not use a title relating to
speech-language pathology or audiology, except as provided in
paragraphs (b) and (c).
Subdivision 1. [UNLICENSED PRACTICE PROHIBITED.] A person
must not engage in the practice of speech-language pathology or
audiology unless the person is licensed as a speech-language
pathologist or an audiologist under sections 148.511 to 148.5196.
(b) Subd. 2. [PROTECTED TITLES AND RESTRICTIONS ON USE.]
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 licensed 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;
(8) speech correctionist;
(9) language therapist;
(10) voice therapist;
(11) voice pathologist;
(12) logopedist;
(13) communicologist;
(14) aphasiologist;
(15) phoniatrist;
(16) audiometrist;
(17) audioprosthologist;
(18) hearing therapist;
(19) hearing clinician; or
(20) hearing aid audiologist.
(c) Use of the term "Minnesota registered licensed" in
conjunction with the titles protected under this section by any
person is prohibited unless that person is registered licensed
under sections 148.511 to 148.5196.
Subd. 3. [EXEMPTION.] (a) Nothing in sections 148.511 to
148.5196 prohibits the practice of any profession or occupation
licensed, certified, or registered by the state by any person
duly licensed, certified, or registered to practice the
profession or occupation or to perform any act that falls within
the scope of practice of the profession or occupation.
(b) Subdivision 1 does not apply to a student participating
in supervised field work or supervised course work that is
necessary to meet the requirements of section 148.515,
subdivision 2 or 3, if the person is designated by a title which
clearly indicates the person's status as a student trainee.
(c) Subdivisions 1 and 2 do not apply to a person visiting
and then leaving the state and using titles restricted under
this section while in the state, if the titles are used no more
than 30 days in a calendar year as part of a professional
activity that is limited in scope and duration and is in
association with an audiologist or speech-language pathologist
licensed under sections 148.511 to 148.5196.
Sec. 22. Minnesota Statutes 2002, section 148.514, is
amended to read:
148.514 [GENERAL REGISTRATION LICENSURE REQUIREMENTS;
PROCEDURES AND QUALIFICATIONS.]
Subdivision 1. [GENERAL REGISTRATION LICENSURE
PROCEDURES.] An applicant for registration licensure 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 LICENSURE QUALIFICATIONS.]
An applicant for registration licensure must possess the
qualifications required in one of the following clauses:
(1) a person who applies for registration licensure 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 licensure and who
has a current certificate of clinical competence issued by the
American Speech-Language-Hearing Association, or board
certification by the American Board of Audiology, must meet the
requirements of section 148.516; or
(3) a person who applies for registration licensure by
reciprocity must meet the requirements under section 148.517.
Sec. 23. Minnesota Statutes 2002, section 148.515,
subdivision 2, is amended to read:
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 paragraph (b) to (h). If
completing a doctoral program in which a master's degree has not
been conferred, an applicant must submit a transcript showing
completion of course work equivalent to, or exceeding, a
master's degree that meets the requirement of paragraph (b).
(b) All of the applicant's graduate coursework and clinical
practicum required in the professional area for which
registration licensure 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 Council on Academic
Accreditation in Audiology and Speech-Language Pathology, a body
recognized by the United States Department of Education, or an
equivalent as determined by the commissioner, in the area for
which registration licensure 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.
Sec. 24. Minnesota Statutes 2002, section 148.515,
subdivision 4, is amended to read:
Subd. 4. [SUPERVISED POSTGRADUATE GRADUATE OR DOCTORAL
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) the graduate or doctoral clinical experience required by the
American Speech-Language-Hearing Association, the American Board
of Audiology, or an equivalent, as determined by the
commissioner, and must achieve a qualifying examination score on
the National Examination in Speech-Language Pathology or
Audiology.
(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, record keeping, 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.
Sec. 25. Minnesota Statutes 2002, section 148.516, is
amended to read:
148.516 [REGISTRATION LICENSURE BY EQUIVALENCY.]
An applicant who applies for registration licensure by
equivalency must show evidence of possessing a current
certificate of clinical competence issued by the American
Speech-Language-Hearing Association or board certification by
the American Board of Audiology and must meet the requirements
of section 148.514.
Sec. 26. Minnesota Statutes 2002, section 148.5161, is
amended to read:
148.5161 [TEMPORARY REGISTRATION CLINICAL FELLOWSHIP
LICENSURE OR DOCTORAL EXTERNSHIP LICENSURE.]
Subdivision 1. [APPLICATION.] The commissioner shall issue
temporary registration clinical fellowship licensure or doctoral
externship licensure as a speech-language pathologist or
audiologist to an applicant who has applied for registration
licensure under section 148.515, who is not the subject of a
disciplinary action or past disciplinary action, and who has not
violated a provision of section 148.5195, subdivision 3.
Subd. 2. [PROCEDURES.] To be eligible for temporary
registration clinical fellowship licensure or doctoral
externship licensure, an applicant must submit an application
form provided by the commissioner, the fees required by section
148.5194, and evidence of successful completion of the
requirements in section 148.515, subdivisions subdivision 2 and
3.
Subd. 3. [SUPERVISION REQUIRED.] (a) A temporary
registrant clinical fellowship licensee or doctoral externship
licensee must practice under the supervision of an individual
who meets the requirements of section 148.512, subdivision 20.
Supervision must conform to the requirements in paragraphs (b)
to (g) (e).
(b) Supervision must include both on-site observation and
other monitoring activities. On-site observation must involve
the supervisor, the supervisee clinical fellowship licensee or
doctoral externship licensee, and the client receiving
speech-language pathology or audiology services and must include
direct observation by the supervisor of treatment given by the
supervisee clinical fellowship licensee or doctoral externship
licensee. Other monitoring activities must involve direct or
indirect evaluative contact by the supervisor of the supervisee
clinical fellowship licensee or doctoral externship licensee,
may be executed by correspondence, and may include, but are not
limited to, conferences with the supervisee clinical fellowship
licensee or doctoral externship licensee, evaluation of written
reports, and evaluations by professional colleagues. Other
monitoring activities do not include the client receiving
speech-language pathology or audiology services.
(c) The temporary registrant clinical fellowship licensee
or doctoral externship licensee must be supervised by an
individual who meets the definition of section 148.512,
subdivision 20, and:
(1) when the temporary registrant clinical fellowship
licensee or doctoral externship licensee is a speech-language
pathologist, is a registered licensed speech-language
pathologist, or holds a current certificate of clinical
competence in speech-language pathology from the American
Speech-Language-Hearing Association; and or
(2) when the temporary registrant clinical fellowship
licensee or doctoral externship licensee is an audiologist, is a
registered licensed audiologist, or holds a current certificate
of clinical competence in audiology from the American
Speech-Language-Hearing Association or board certification in
audiology by the American Board of Audiology.
(d) Temporary registration Clinical fellowship licensure or
doctoral externship licensure shall not be granted until the
applicant has completed the academic coursework and clinical
training in section 148.515, subdivisions subdivision 2 and 3.
(e) The temporary registrant must be supervised in no less
than 36 activities, including 18 one-hour on-site observations.
A maximum of six hours may be accrued in one day. A minimum of
six one-hour on-site observations must be accrued during each
one-third of the experience.
(f) The temporary registrant must complete 18 other
monitored activities and complete at least one monitored
activity each month.
(g) The temporary registrant clinical fellowship licensee
or doctoral externship licensee must provide verification of
supervision on the application form provided by the commissioner.
Subd. 4. [DOCTORAL EXTERNSHIP LICENSURE.] Doctoral
candidates in audiology completing their final externship as
part of their training program are eligible to receive a
provisional license in audiology and are not required to
complete the postgraduate clinical fellowship year.
Subd. 5. [EXPIRATION OF TEMPORARY REGISTRATION CLINICAL
FELLOWSHIP OR DOCTORAL EXTERNSHIP LICENSURE.] A temporary
registration clinical fellowship license or doctoral externship
license issued to a person pursuant to subdivision 2 expires 18
months after issuance or on the date the commissioner grants or
denies registration licensure, whichever occurs first. Upon
application, a temporary registration clinical fellowship
license or doctoral externship license shall be renewed once to
persons who have not met the supervised postgraduate clinical
experience requirement under section 148.515, subdivision 4,
within the initial temporary registration clinical fellowship
license or doctoral externship license period and meet the
requirements of subdivision 1.
Subd. 5 6. [TITLE USED.] A temporary registrant licensee
with a clinical fellowship or doctoral externship shall be
identified by one of the protected titles and a designation
indicating clinical fellowship status.
Sec. 27. Minnesota Statutes 2002, section 148.517, is
amended to read:
148.517 [REGISTRATION LICENSURE BY RECIPROCITY.]
Subdivision 1. [APPLICABILITY.] An applicant who applies
for registration licensure 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 licensure 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 licensed 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 licensure by reciprocity under
subdivision 2, must have maintained the appropriate government
body and unrestricted credentials in each jurisdiction in which
the applicant holds a credential submit letters during the last
five years as demonstrated by submitting 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.
Subd. 4. [TEMPORARY REGISTRATION LICENSURE.] (a) The
commissioner shall issue temporary registration licensure as a
speech-language pathologist, an audiologist, or both, to an
applicant who has applied for registration licensure under this
section 148.515, 148.516, 148.517, or 148.518, subdivisions 1
and 2, and who:
(1) submits a signed and dated affidavit stating that the
applicant is not the subject of a disciplinary action or past
disciplinary action in this or another jurisdiction and is not
disqualified on the basis of section 148.5195, subdivision 3;
and
(2) either:
(i) provides a copy of a current credential as a
speech-language pathologist, an audiologist, or both, held in
the District of Columbia or a state or territory of the United
States; or
(ii) provides a copy of a current certificate of clinical
competence issued by the American Speech-Language-Hearing
Association or its equivalent board certification in audiology
by the American Board of Audiology.
(b) A temporary registration license issued to a person
under this subdivision expires 90 days after it is issued or on
the date the commissioner grants or denies registration
licensure, whichever occurs first.
(c) Upon application, a temporary registration license
shall be renewed once to a person who is able to demonstrate
good cause for failure to meet the requirements for registration
licensure within the initial temporary registration licensure
period and who is not the subject of a disciplinary action or
disqualified on the basis of section 148.5195, subdivision 3.
Sec. 28. Minnesota Statutes 2002, section 148.518, is
amended to read:
148.518 [REGISTRATION LICENSURE FOLLOWING LAPSE OF
REGISTERED LICENSURE STATUS.]
Subdivision 1. [LAPSE OF THREE YEARS OR LESS.] For an
applicant whose registered licensure status has lapsed for three
years or less, the applicant must:
(1) apply for registration licensure renewal according to
section 148.5191 and document compliance with the continuing
education requirements of section 148.5193 since the applicant's
registration license lapsed; or
(2) fulfill the requirements of section 148.517.; or
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 obtain a qualifying score on the examination
described in section 148.515, subdivision 5, within one year of
the application date for registration renewal;
(2) apply for renewal according to section 148.5191,
provide evidence to the commissioner that the applicant holds a
current and unrestricted credential for the practice of
speech-language pathology from the Minnesota board of teaching
or for the practice of speech-language pathology or audiology in
another jurisdiction and provide evidence that the applicant's
credential from the Minnesota board of teaching or another
jurisdiction has been held in good standing during the period of
lapse;
(3) apply for renewal according to section 148.5191 and
submit documentation of having completed a combination of
speech-language pathology or audiology courses or a
speech-language pathology or audiology refresher program that
contains both a theoretical and clinical component preapproved
or approved by the commissioner. Only courses completed within
one year preceding the date of the application or one year after
the date of the application will qualify for approval; or
(4) apply for renewal according to section 148.5191 and
submit proof of successful completion and verified documentation
of 160 hours of supervised practice approved by the
commissioner. To participate in a supervised practice, the
applicant shall first apply and obtain temporary registration
according to section 148.5161, provide evidence to the
commissioner that the applicant holds a current and unrestricted
credential for the practice of speech-language pathology from
the Minnesota board of teaching or for the practice of
speech-language pathology or audiology in another jurisdiction
that has requirements equivalent to or higher than those in
effect for Minnesota, and provide evidence of compliance with
Minnesota board of teaching or that jurisdiction's continuing
education requirements.
Sec. 29. Minnesota Statutes 2002, section 148.519, is
amended to read:
148.519 [REGISTRATION LICENSURE PROCEDURES.]
Subdivision 1. [APPLICATIONS FOR REGISTRATION LICENSURE.]
(a) An applicant for registration licensure must:
(1) submit a completed application for registration
licensure 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; and
(2) submit documentation of the certificate of clinical
competence issued by the American Speech-Language-Hearing
Association, board certification by the American Board of
Audiology, or satisfy the following requirements:
(2) (i) submit a transcript showing the completion of a
master's or doctoral degree or its equivalent meeting the
requirements of section 148.515, subdivision 2;
(3) (ii) submit documentation of the required hours of
supervised clinical training meeting the requirements of section
148.515, subdivision 3;
(4) (iii) submit documentation of the postgraduate clinical
or doctoral clinical experience meeting the requirements of
section 148.515, subdivision 4; and
(5) (iv) submit documentation of receiving a qualifying
score on an examination meeting the requirements of section
148.515, subdivision 5;.
(b) In addition, an applicant must:
(6) (1) sign a statement that the information in the
application is true and correct to the best of the applicant's
knowledge and belief;
(7) (2) submit with the application all fees required by
section 148.5194; and
(8) (3) 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
LICENSURE.] (a) The commissioner shall act on an application for
registration licensure according to paragraphs (b) to (d).
(b) The commissioner shall determine if the applicant meets
the requirements for registration licensure. 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, via
certified mail, of action taken on the application and of the
grounds for denying registration licensure if registration
licensure is denied.
(d) An applicant denied registration licensure 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 for reconsideration of the denial.
Individuals requesting reconsideration may submit information
that the applicant wants considered in the reconsideration.
After reconsideration of the commissioner's determination to
deny licensure, the commissioner shall determine whether the
original determination should be affirmed or modified. An
applicant may make only one request in any one biennial license
period for reconsideration of the commissioner's determination
to deny licensure.
Subd. 3. [CHANGE OF ADDRESS.] A licensee who changes
addresses must inform the commissioner, in writing, of the
change of address within 30 days. All notices or other
correspondence mailed to or served on a licensee by the
commissioner at the licensee's address on file with the
commissioner shall be considered as having been received by the
licensee.
Sec. 30. Minnesota Statutes 2002, section 148.5191, is
amended to read:
148.5191 [REGISTRATION LICENSURE RENEWAL.]
Subdivision 1. [RENEWAL REQUIREMENTS.] To renew
registration licensure, an applicant must:
(1) biennially complete a renewal application on a form
provided by the commissioner and submit the biennial 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 LICENSURE RENEWAL NOTICE.]
Registration Licensure renewal is on a biennial basis. At least
60 days before the registration licensure expiration date, the
commissioner shall send out a renewal notice to the registrant's
licensee's last known address. The notice shall include a
renewal application and notice of fees required for renewal. If
the registrant licensee does not receive the renewal notice, the
registrant licensee is still required to meet the deadline for
renewal to qualify for continuous registered licensure status.
Subd. 4. [RENEWAL DEADLINE.] Each registration certificate
license, including a temporary registration certificate license
provided under section 148.5161, must state an expiration date.
An application for registration licensure renewal must be
received by the department of health or postmarked at least 30
days before the expiration date. If the postmark is illegible,
the application shall be considered timely if received at least
21 days before the expiration date.
When the commissioner establishes the renewal schedule for
an applicant, registrant licensee, or temporary registrant
licensee, if the period before the expiration date is less than
two years, the fee shall be prorated.
Sec. 31. Minnesota Statutes 2002, section 148.5193,
subdivision 1, is amended to read:
Subdivision 1. [NUMBER OF CONTACT HOURS REQUIRED.] (a) An
applicant for registration licensure renewal must meet the
requirements for continuing education according to stipulated by
the American Speech-Language-Hearing Association or the American
Board of Audiology, or satisfy the requirements described in
paragraphs (b) to (e).
(b) An applicant for registration licensure 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 a continuing education
sponsor within the two years immediately preceding registration
licensure renewal. A minimum of 20 contact hours of continuing
education must be directly related to the registrant's
licensee's area of registration licensure. Ten contact hours of
continuing education may be in areas generally related to the
registrant's licensee's area of registration licensure.
(c) An applicant for registration licensure 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 a continuing education sponsor
within the two years immediately preceding registration
licensure 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 licensee's areas of
registration licensure.
(d) If the registrant licensee 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 a 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 a 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 1.0 contact hours of
continuing education.
(e) Contact hours cannot be accumulated in advance and
transferred to a future continuing education period.
Sec. 32. Minnesota Statutes 2002, section 148.5193,
subdivision 4, is amended to read:
Subd. 4. [EARNING CONTINUING EDUCATION CONTACT HOURS
THROUGH CONTACT HOUR EQUIVALENTS.] (a) A registrant licensee who
teaches continuing education courses or presents or publishes
for educational purposes may obtain contact hour equivalents
according to paragraphs (b) to (d).
(b) The sponsor of the course must meet the requirements of
subdivision 2.
(c) A registrant licensee may not obtain more than six
contact hours in any two-year continuing education period by
teaching continuing education courses.
(d) A registrant licensee may obtain two contact hours for
each hour spent teaching a course. Contact hours may be claimed
only once for teaching the same course in any two-year
continuing education period.
Sec. 33. Minnesota Statutes 2002, section 148.5193,
subdivision 6, is amended to read:
Subd. 6. [RECORDS OF ATTENDANCE.] (a) A registrant
licensee must maintain for four years records of attending the
continuing education contact hours required for registration
licensure renewal.
(b) An applicant for registration licensure renewal must
submit documentation demonstrating compliance with continuing
education requirements of the American Speech-Language-Hearing
Association on the American Board of Audiology or an equivalent,
or 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 licensee. The form
must be submitted with the renewal application under section
148.5191, subdivision 1.
Sec. 34. Minnesota Statutes 2002, section 148.5193,
subdivision 6a, is amended to read:
Subd. 6a. [VERIFICATION OF ATTENDANCE.] An applicant
for registration licensure renewal must submit verification of
attendance as follows:
(1) a certificate of attendance from the sponsor with the
continuing education course name, course date, and registrant's
licensee's name. If a certificate is not available, the
commissioner may accept other evidence of attendance such as a
confirmation or statement of registration for regional or
national annual conferences or conventions of professional
associations, a copy of the continuing education courses
indicating those attended, and an affidavit of attendance;
(2) a copy of a record of attendance from the sponsor of
the continuing education course;
(3) a signature of the presenter or a designee at the
continuing education activity on the continuing education report
form;
(4) a summary or outline of the educational content of an
audio or video educational activity if a designee is not
available to sign the continuing education report form;
(5) for self-study programs, a certificate of completion or
other documentation indicating that the individual has
demonstrated knowledge and has successfully completed the
program; and or
(6) for attendance at a university, college, or vocational
course, an official transcript.
Sec. 35. Minnesota Statutes 2002, section 148.5193,
subdivision 7, is amended to read:
Subd. 7. [VERIFICATION OF CONTINUING EDUCATION REPORTS.]
The commissioner may request a registrant licensee or continuing
education sponsor to verify the continuing education to which
the registrant licensee attested. Documentation may come
directly from the registrant licensee, the continuing education
sponsor, or from a national accrediting or certifying
organization which maintains the records.
Sec. 36. Minnesota Statutes 2002, section 148.5193,
subdivision 8, is amended to read:
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 licensee. A registrant licensee 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 licensee 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 licensee.
Sec. 37. Minnesota Statutes 2002, section 148.5194,
subdivision 1, is amended to read:
Subdivision 1. [FEE PRORATION.] The commissioner shall
prorate the registration licensure fee for clinical fellowship,
doctoral externship, temporary, and first time registrants
licensees according to the number of months that have elapsed
between the date registration the license is issued and the date
registration the license must be renewed under section 148.5191,
subdivision 4.
Sec. 38. Minnesota Statutes 2002, section 148.5194,
subdivision 2, is amended to read:
Subd. 2. [BIENNIAL REGISTRATION LICENSURE FEE.] The fee
for initial registration licensure and biennial registration
licensure, temporary registration licensure, or renewal is $200.
Sec. 39. Minnesota Statutes 2002, section 148.5194,
subdivision 3, is amended to read:
Subd. 3. [BIENNIAL REGISTRATION LICENSURE FEE FOR DUAL
REGISTRATION LICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST AND
AUDIOLOGIST.] The fee for initial registration licensure and
biennial registration licensure, clinical fellowship, doctoral
externship, temporary registration license, or renewal is $200.
Sec. 40. Minnesota Statutes 2002, section 148.5194,
subdivision 3a, is amended to read:
Subd. 3a. [SURCHARGE FEE.] Notwithstanding section
16A.1285, subdivision 2, for a period of four years following
July 1, 1999, an applicant for registration licensure or
registration licensure renewal must pay a surcharge fee of $25
in addition to any other fees due upon registration licensure or
registration licensure renewal. This subdivision expires June
30, 2003.
Sec. 41. Minnesota Statutes 2002, section 148.5195,
subdivision 2, is amended to read:
Subd. 2. [RIGHTS OF APPLICANTS AND REGISTRANTS LICENSEES.]
The rights of an applicant denied registration licensure are
stated in section 148.519, subdivision 2, paragraph (d).
A registrant licensee shall not be subjected to disciplinary
action under this section without first having an opportunity
for a contested case hearing under chapter 14.
Sec. 42. Minnesota Statutes 2002, section 148.5195,
subdivision 3, is amended to read:
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, via certified mail, 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;
(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; or
(18) used the term doctor of audiology, doctor of
speech-language pathology, AuD, or SLPD without having obtained
the degree from an institution accredited by the North Central
Association of Colleges and Secondary Schools or the American
Speech-Language-Hearing Association, the Council on Academic
Accreditation in Audiology and Speech-Language Pathology, the
United States Department of Education, or an equivalent.
Sec. 43. Minnesota Statutes 2002, section 148.5195,
subdivision 4, is amended to read:
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 licensure;
(2) suspend registration licensure for a period not
exceeding one year;
(3) revoke registration licensure; or
(4) take any reasonable lesser action against an individual
upon proof that the individual has violated sections 148.511 to
148.5196; or
(5) impose, for each violation, a civil penalty not
exceeding $10,000 that deprives the licensee of any economic
advantage gained by the violation and that reimburses the
department of health for costs of the investigation and
proceedings resulting in disciplinary action, including the
amount paid for services of the administrative hearings, the
amount paid for services of the office of the attorney general,
attorney fees, court reporters, witnesses, reproduction of
records, advisory council members' per diem compensation,
department staff time, and expenses incurred by advisory council
members and department staff.
Sec. 44. Minnesota Statutes 2002, section 148.5195,
subdivision 5, is amended to read:
Subd. 5. [CONSEQUENCES OF DISCIPLINARY ACTIONS.] Upon the
suspension or revocation of registration licensure, the
speech-language pathologist or audiologist shall cease to
practice speech-language pathology or audiology, 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 licensed by the commissioner.
Sec. 45. Minnesota Statutes 2002, section 148.5195,
subdivision 6, is amended to read:
Subd. 6. [REINSTATEMENT REQUIREMENTS AFTER DISCIPLINARY
ACTION.] A speech-language pathologist or audiologist who has
had registration licensure 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
licensure must be met before registration licensure may be
reinstated.
Sec. 46. Minnesota Statutes 2002, section 148.5196, is
amended to read:
148.5196 [SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST
ADVISORY COUNCIL.]
Subdivision 1. [MEMBERSHIP.] The commissioner shall
appoint seven eight persons to a speech-language pathologist and
audiologist advisory council. The seven eight 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 licensed
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 licensed
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 speech-language pathology by the Minnesota board of
teaching; and
(4) two audiologists registered licensed 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; and
(5) one physician licensed under chapter 147 and certified
by the American Board of Otolaryngology, Head and Neck Surgery.
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 licensure 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
licensure standards;
(4) review applications and make recommendations to the
commissioner on granting or denying registration licensure or
registration licensure renewal;
(5) review reports of investigations relating to
individuals and make recommendations to the commissioner as to
whether registration licensure should be denied or disciplinary
action taken against the individual;
(6) advise the commissioner regarding approval of
continuing education activities provided by sponsors using the
criteria in section 148.5193, subdivision 2; and
(7) perform other duties authorized for advisory councils
under chapter 214, or as directed by the commissioner.
Sec. 47. Minnesota Statutes 2002, section 153A.14,
subdivision 2a, is amended to read:
Subd. 2a. [EXEMPTION FROM WRITTEN EXAMINATION
REQUIREMENT.] Persons completing the audiology registration
requirements of section 148.515 after January 1, 1996, are
exempt from the written examination requirements of subdivision
2h, paragraph (a), clause (1). Minnesota registration or
American Speech-Language-Hearing Association certification
licensure, a current certification of clinical competence issued
by the American Speech-Language-Hearing Association, board
certification in audiology by the American Board of Audiology,
or an equivalent, as an audiologist is not required but may be
submitted as evidence qualifying for exemption from the written
examination if the requirements are completed after January 1,
1996. Persons qualifying for written examination exemption must
fulfill the other credentialing requirements under subdivisions
1 and 2 before a certificate may be issued by the commissioner.
Sec. 48. Minnesota Statutes 2002, section 153A.14,
subdivision 2i, is amended to read:
Subd. 2i. [CONTINUING EDUCATION REQUIREMENT.] On forms
provided by the commissioner, each certified dispenser must
submit with the application for renewal of certification
evidence of completion of ten course hours of continuing
education earned within the 12-month period of July 1 to June 30
immediately preceding renewal. Continuing education courses
must be directly related to hearing instrument dispensing and
approved by the International Hearing Society or qualify for
continuing education approved for Minnesota registered licensed
audiologists. Evidence of completion of the ten course hours of
continuing education must be submitted with renewal applications
by October 1 of each year. This requirement does not apply to
dispensers certified for less than one year. The first report
of evidence of completion of the continuing education credits
shall be due October 1, 1997.
Sec. 49. Minnesota Statutes 2002, section 153A.17, is
amended to read:
153A.17 [EXPENSES; FEES.]
The expenses for administering the certification
requirements including the complaint handling system for hearing
aid dispensers in sections 153A.14 and 153A.15 and the consumer
information center under section 153A.18 must be paid from
initial application and examination fees, renewal fees,
penalties, and fines. All fees are nonrefundable. The
certificate application fee is $165 for audiologists registered
licensed under section 148.511 and $490 for all others, the
examination fee is $200 for the written portion and $200 for the
practical portion each time one or the other is taken, and the
trainee application fee is $100. Notwithstanding the policy set
forth in section 16A.1285, subdivision 2, a surcharge of $165
for audiologists registered licensed under section 148.511 and
$330 for all others shall be paid at the time of application or
renewal until June 30, 2003, to recover the commissioner's
accumulated direct expenditures for administering the
requirements of this chapter. The penalty fee for late
submission of a renewal application is $200. All fees,
penalties, and fines received must be deposited in the state
government special revenue fund. The commissioner may prorate
the certification fee for new applicants based on the number of
quarters remaining in the annual certification period.
Sec. 50. Minnesota Statutes 2002, section 153A.20,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The commissioner shall
appoint nine persons to a hearing instrument dispenser advisory
council.
(a) The nine persons must include:
(1) three public members, as defined in section 214.02. At
least one of the public members shall be a hearing instrument
user and one of the public members shall be either a hearing
instrument user or an advocate of one; and
(2) three hearing instrument dispensers certified under
sections 153A.14 to 153A.20, each of whom is currently, and has
been for the five years immediately preceding their appointment,
engaged in hearing instrument dispensing in Minnesota and who
represent the occupation of hearing instrument dispensing and
who are not audiologists; and
(3) three audiologists who are certified hearing instrument
dispensers or are registered licensed as audiologists under
chapter 148.
(b) The factors the commissioner may consider when
appointing advisory council members include, but are not limited
to, professional affiliation, geographical location, and type of
practice.
(c) No two members of the advisory council shall be
employees of, or have binding contracts requiring sales
exclusively for, the same hearing instrument manufacturer or the
same employer.
Sec. 51. Minnesota Statutes 2002, section 214.32,
subdivision 1, is amended to read:
Subdivision 1. [MANAGEMENT.] (a) A health professionals
services program committee is established, consisting of one
person appointed by each participating board, with each
participating board having one vote. The committee shall
designate one board to provide administrative management of the
program, set the program budget and the pro rata share of
program expenses to be borne by each participating board,
provide guidance on the general operation of the program,
including hiring of program personnel, and ensure that the
program's direction is in accord with its authority. If the
participating boards change which board is designated to provide
administrative management of the program, any appropriation
remaining for the program shall transfer to the newly designated
board on the effective date of the change. The participating
boards must inform the appropriate legislative committees and
the commissioner of finance of any change in the administrative
management of the program, and the amount of any appropriation
transferred under this provision.
(b) The designated board, upon recommendation of the health
professional services program committee, shall hire the program
manager and employees and pay expenses of the program from funds
appropriated for that purpose. The designated board may apply
for grants to pay program expenses and may enter into contracts
on behalf of the program to carry out the purposes of the
program. The participating boards shall enter into written
agreements with the designated board.
(c) An advisory committee is established to advise the
program committee consisting of:
(1) one member appointed by each of the following: the
Minnesota Academy of Physician Assistants, the Minnesota Dental
Association, the Minnesota Chiropractic Association, the
Minnesota Licensed Practical Nurse Association, the Minnesota
Medical Association, the Minnesota Nurses Association, and the
Minnesota Podiatric Medicine Association;
(2) one member appointed by each of the professional
associations of the other professions regulated by a
participating board not specified in clause (1); and
(3) two public members, as defined by section 214.02.
Members of the advisory committee shall be appointed for two
years and members may be reappointed.
The advisory committee expires June 30, 2003 2007.
Sec. 52. [REVISOR INSTRUCTION.]
The revisor shall renumber Minnesota Statutes, section
148.517, subdivision 4, as Minnesota Statutes, section 148.5175.
Sec. 53. [REPEALER.]
Minnesota Statutes 2002, sections 148.512, subdivision 11;
and 148.515, subdivisions 3 and 5, are repealed.
Sec. 54. [EFFECTIVE DATE.]
Sections 1 to 3 and 51 are effective July 1, 2003.
Presented to the governor May 20, 2003
Signed by the governor May 23, 2003, 3:15 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes