1.1 	A bill for an act
1.2 	relating to health; providing that audiologists need
1.3 	not obtain hearing instrument dispenser certification;
1.4 	providing penalties; amending Minnesota Statutes 2004,
1.5 	sections 148.512, subdivision 6; 148.5194, by adding a
1.6 	subdivision; 148.5195, subdivision 3; 153A.13,
1.7 	subdivision 5; 153A.14, subdivisions 2a, 2i, 4, 4c;
1.8 	153A.15, subdivision 1; 153A.20, subdivision 1;
1.9 	proposing coding for new law in Minnesota Statutes,
1.10 	chapter 148.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2004, section 148.512,
1.13 	subdivision 6, is amended to read:
1.14 		Subd. 6.Audiologist.  "Audiologist" means a natural
1.15 	person who engages in the practice of audiology, meets the
1.16 	qualifications required by sections 148.511 to 148.5196 
1.17 	148.5198, and is licensed by the commissioner under a general,
1.18 	clinical fellowship, doctoral externship, or temporary license.
1.19 	Audiologist also means a natural person using any descriptive
1.20 	word with the title audiologist.

1.21 	Sec. 2. Minnesota Statutes 2004, section 148.5194, is
1.22 	amended by adding a subdivision to read:
1.23 		Subd. 7.Surcharge. A surcharge of $....... is added to
1.24 	the audiologist licensure fee for the period of ........

1.25 	Sec. 3. Minnesota Statutes 2004, section 148.5195,
1.26 	subdivision 3, is amended to read:
1.27 		Subd. 3.Grounds for disciplinary action by
1.28 	commissioner.  The commissioner may take any of the disciplinary
2.1 	actions listed in subdivision 4 on proof that the individual has:
2.2 	(1) intentionally submitted false or misleading information
2.3 	to the commissioner or the advisory council;
2.4 	(2) failed, within 30 days, to provide information in
2.5 	response to a written request, via certified mail, by the
2.6 	commissioner or advisory council;
2.7 	(3) performed services of a speech-language pathologist or
2.8 	audiologist in an incompetent or negligent manner;
2.9 	(4) violated sections 148.511 to 148.5196 148.5198;
2.10 	(5) failed to perform services with reasonable judgment,
2.11 	skill, or safety due to the use of alcohol or drugs, or other
2.12 	physical or mental impairment;
2.13 	(6) violated any state or federal law, rule, or regulation,
2.14 	and the violation is a felony or misdemeanor, an essential
2.15 	element of which is dishonesty, or which relates directly or
2.16 	indirectly to the practice of speech-language pathology or
2.17 	audiology.  Conviction for violating any state or federal law
2.18 	which relates to speech-language pathology or audiology is
2.19 	necessarily considered to constitute a violation, except as
2.20 	provided in chapter 364;
2.21 	(7) aided or abetted another person in violating any
2.22 	provision of sections 148.511 to 148.5196 148.5198;
2.23 	(8) been or is being disciplined by another jurisdiction,
2.24 	if any of the grounds for the discipline is the same or
2.25 	substantially equivalent to those under sections 148.511 to
2.26 	148.5196;
2.27 	(9) not cooperated with the commissioner or advisory
2.28 	council in an investigation conducted according to subdivision
2.29 	1;
2.30 	(10) advertised in a manner that is false or misleading;
2.31 	(11) engaged in conduct likely to deceive, defraud, or harm
2.32 	the public; or demonstrated a willful or careless disregard for
2.33 	the health, welfare, or safety of a client;
2.34 	(12) failed to disclose to the consumer any fee splitting
2.35 	or any promise to pay a portion of a fee to any other
2.36 	professional other than a fee for services rendered by the other
3.1 	professional to the client;
3.2 	(13) engaged in abusive or fraudulent billing practices,
3.3 	including violations of federal Medicare and Medicaid laws, Food
3.4 	and Drug Administration regulations, or state medical assistance
3.5 	laws;
3.6 	(14) obtained money, property, or services from a consumer
3.7 	through the use of undue influence, high pressure sales tactics,
3.8 	harassment, duress, deception, or fraud;
3.9 	(15) performed services for a client who had no possibility
3.10 	of benefiting from the services;
3.11 	(16) failed to refer a client for medical evaluation or to
3.12 	other health care professionals when appropriate or when a
3.13 	client indicated symptoms associated with diseases that could be
3.14 	medically or surgically treated;
3.15 	(17) if the individual is a dispenser of hearing
3.16 	instruments as defined by section 153A.13, subdivision 5, had
3.17 	the certification required by chapter 153A, denied, suspended,
3.18 	or revoked according to chapter 153A;
3.19 	(18) used the term doctor of audiology, doctor of
3.20 	speech-language pathology, AuD, or SLPD without having obtained
3.21 	the degree from an institution accredited by the North Central
3.22 	Association of Colleges and Secondary Schools, the Council on
3.23 	Academic Accreditation in Audiology and Speech-Language
3.24 	Pathology, the United States Department of Education, or an
3.25 	equivalent; or 
3.26 	(19) (18) failed to comply with the requirements of section
3.27 	148.5192 regarding supervision of speech-language pathology
3.28 	assistants.;
3.29 	(19) prescribed or otherwise recommended to a consumer or
3.30 	potential consumer the use of a hearing instrument, unless the
3.31 	prescription from a physician or recommendation from an
3.32 	audiologist is in writing, is based on an audiogram that is
3.33 	delivered to the consumer or potential consumer when the
3.34 	prescription or recommendation is made, and bears the following
3.35 	information in all capital letters of 12-point or larger
3.36 	boldface type:  "THIS PRESCRIPTION OR RECOMMENDATION MAY BE
4.1 	FILLED BY, AND HEARING INSTRUMENTS MAY BE PURCHASED FROM, THE
4.2 	LICENSED AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE";
4.3 	(20) failed to give a copy of the audiogram, upon which the
4.4 	prescription or recommendation is based, to the consumer when
4.5 	the consumer requests a copy;
4.6 	(21) failed to provide the consumer rights brochure
4.7 	required by section 148.5197, subdivision 3;
4.8 	(22) failed to comply with restrictions on sales of hearing
4.9 	aids in sections 148.5197, subdivision 3, and 148.5198; or 
4.10 	(23) failed to return a consumer's hearing aid used as a
4.11 	trade-in or for a discount in the price of a new hearing aid
4.12 	when requested by the consumer upon cancellation of the purchase
4.13 	agreement.

4.14 	Sec. 4. [148.5197] HEARING INSTRUMENT DISPENSING.
4.15 		Subdivision 1.Content of contracts. Oral statements
4.16 	made by an audiologist regarding the provision of warranties,
4.17 	refunds, and service on the hearing instrument or instruments
4.18 	dispensed must be written on, and become part of, the contract
4.19 	of sale, specify the item or items covered, and indicate the
4.20 	person or business entity obligated to provide the warranty,
4.21 	refund, or service.
4.22 		Subd. 2.Required use of license number. The
4.23 	audiologist's license number must appear on all contracts, bills
4.24 	of sale, and receipts used in the sale of hearing instruments.
4.25 		Subd. 3.Consumer rights information. An audiologist
4.26 	shall, at the time of the recommendation or prescription, give a
4.27 	consumer rights brochure, prepared by the commissioner and
4.28 	containing information about legal requirements pertaining to
4.29 	sales of hearing instruments, to each potential buyer of a
4.30 	hearing instrument.  The brochure must contain information about
4.31 	the consumer information center described in section 153A.18.  A
4.32 	sales contract for a hearing instrument must note the receipt of
4.33 	the brochure by the buyer, along with the buyer's signature or
4.34 	initials.
4.35 		Subd. 4.Liability for contracts. Owners of entities in
4.36 	the business of dispensing hearing instruments, employers of
5.1 	audiologists or persons who dispense hearing instruments,
5.2 	supervisors of trainees or audiology students, and hearing
5.3 	instrument dispensers conducting the sales transaction at issue
5.4 	are liable for satisfying all terms of contracts, written or
5.5 	oral, made by their agents, employees, assignees, affiliates, or
5.6 	trainees, including terms relating to products, repairs,
5.7 	warranties, service, and refunds.  The commissioner may enforce
5.8 	the terms of hearing instrument sales contracts against the
5.9 	principal, employer, supervisor, or dispenser who conducted the
5.10 	sale and may impose any remedy provided for in this chapter.

5.11 	Sec. 5. [148.5198] RESTRICTION ON SALE OF HEARING AIDS.
5.12 		Subdivision 1.45-calendar-day guarantee and buyer right
5.13 	to cancel. (a) An audiologist dispensing a hearing aid in this
5.14 	state must comply with paragraphs (b) and (c).
5.15 	(b) The audiologist must provide the buyer with a
5.16 	45-calendar-day written money-back guarantee.  The guarantee
5.17 	must permit the buyer to cancel the purchase for any reason
5.18 	within 45 calendar days after receiving the hearing aid by
5.19 	giving or mailing written notice of cancellation to the
5.20 	audiologist.  If the consumer mails the notice of cancellation,
5.21 	the 45-calendar-day period is counted using the postmark date,
5.22 	to the date of receipt by the audiologist.  If the hearing aid
5.23 	must be repaired, remade, or adjusted during the 45-calendar-day
5.24 	money-back guarantee period, the running of the 45-calendar-day
5.25 	period is suspended one day for each 24-hour period that the
5.26 	hearing aid is not in the buyer's possession.  A repaired,
5.27 	remade, or adjusted hearing aid must be claimed by the buyer
5.28 	within three business days after notification of availability,
5.29 	after which time the running of the 45-calendar-day period
5.30 	resumes.  The guarantee must entitle the buyer, upon
5.31 	cancellation, to receive a refund of payment within 30 days of
5.32 	return of the hearing aid to the audiologist.  The audiologist
5.33 	may retain as a cancellation fee no more than $250 of the
5.34 	buyer's total purchase price of the hearing aid.
5.35 	(c) The audiologist shall provide the buyer with a contract
5.36 	written in plain English, that contains uniform language and
6.1 	provisions that meet the requirements under the Plain Language
6.2 	Contract Act, sections 325G.29 to 325G.36.  The contract must
6.3 	include, but is not limited to, the following:  in immediate
6.4 	proximity to the space reserved for the signature of the buyer,
6.5 	or on the first page if there is no space reserved for the
6.6 	signature of the buyer, a clear and conspicuous disclosure of
6.7 	the following specific statement in all capital letters of no
6.8 	less than 12-point boldface type:  "MINNESOTA STATE LAW GIVES
6.9 	THE BUYER THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT
6.10 	ANY TIME PRIOR TO MIDNIGHT OF THE 45TH CALENDAR DAY AFTER
6.11 	RECEIPT OF THE HEARING AID(S).  THIS CANCELLATION MUST BE IN
6.12 	WRITING AND MUST BE GIVEN OR MAILED TO THE AUDIOLOGIST.  IF THE
6.13 	BUYER DECIDES TO RETURN THE HEARING AID(S) WITHIN THIS
6.14 	45-CALENDAR-DAY PERIOD, THE BUYER WILL RECEIVE A REFUND OF THE
6.15 	TOTAL PURCHASE PRICE OF THE AID(S) FROM WHICH THE AUDIOLOGIST
6.16 	MAY RETAIN AS A CANCELLATION FEE NO MORE THAN $250." 
6.17 		Subd. 2.Itemized repair bill. Any audiologist or
6.18 	company who agrees to repair a hearing aid must provide the
6.19 	owner of the hearing aid, or the owner's representative, with a
6.20 	bill that describes the repair and services rendered.  The bill
6.21 	must also include the repairing audiologist's or company's name,
6.22 	address, and telephone number.
6.23 	This subdivision does not apply to an audiologist or
6.24 	company that repairs a hearing aid pursuant to an express
6.25 	warranty covering the entire hearing aid and the warranty covers
6.26 	the entire cost, both parts and labor, of the repair.
6.27 		Subd. 3.Repair warranty. Any guarantee of hearing aid
6.28 	repairs must be in writing and delivered to the owner of the
6.29 	hearing aid, or the owner's representative, stating the
6.30 	repairing audiologist's or company's name, address, telephone
6.31 	number, length of guarantee, model, and serial number of the
6.32 	hearing aid and all other terms and conditions of the guarantee.
6.33 		Subd. 4.Misdemeanor. A person found to have violated
6.34 	this section is guilty of a misdemeanor.
6.35 		Subd. 5.Additional. In addition to the penalty provided
6.36 	in subdivision 4, a person found to have violated this section
7.1 	is subject to the penalties and remedies provided in section
7.2 	325F.69, subdivision 1.
7.3 		Subd. 6.Estimates. Upon the request of the owner of a
7.4 	hearing aid or the owner's representative for a written estimate
7.5 	and prior to the commencement of repairs, a repairing
7.6 	audiologist or company shall provide the customer with a written
7.7 	estimate of the price of repairs.  If a repairing audiologist or
7.8 	company provides a written estimate of the price of repairs, it
7.9 	must not charge more than the total price stated in the estimate
7.10 	for the repairs.  If the repairing audiologist or company after
7.11 	commencing repairs determines that additional work is necessary
7.12 	to accomplish repairs that are the subject of a written estimate
7.13 	and if the repairing audiologist or company did not unreasonably
7.14 	fail to disclose the possible need for the additional work when
7.15 	the estimate was made, the repairing audiologist or company may
7.16 	charge more than the estimate for the repairs if the repairing
7.17 	audiologist or company immediately provides the owner or owner's
7.18 	representative a revised written estimate pursuant to this
7.19 	section and receives authorization to continue with the
7.20 	repairs.  If continuation of the repairs is not authorized, the
7.21 	repairing audiologist or company shall return the hearing aid as
7.22 	close as possible to its former condition and shall release the
7.23 	hearing aid to the owner or owner's representative upon payment
7.24 	of charges for repairs actually performed and not in excess of
7.25 	the original estimate.

7.26 	Sec. 6. Minnesota Statutes 2004, section 153A.13,
7.27 	subdivision 5, is amended to read:
7.28 		Subd. 5.Dispenser of hearing instruments.  "Dispenser of
7.29 	hearing instruments" means a natural person who engages in
7.30 	hearing instrument dispensing whether or not certified by the
7.31 	commissioner of health or licensed by an existing health-related
7.32 	board, except that a person described as follows is not a
7.33 	dispenser of hearing instruments:
7.34 	(1) a student participating in supervised field work that
7.35 	is necessary to meet requirements of an accredited educational
7.36 	program if the student is designated by a title which clearly
8.1 	indicates the student's status as a student trainee; or
8.2 	(2) a person who helps a dispenser of hearing instruments
8.3 	in an administrative or clerical manner and does not engage in
8.4 	hearing instrument dispensing.
8.5 	A person who offers to dispense a hearing instrument, or a
8.6 	person who advertises, holds out to the public, or otherwise
8.7 	represents that the person is authorized to dispense hearing
8.8 	instruments must be certified by the commissioner except when
8.9 	the person is an audiologist as defined in section 148.512.

8.10 	Sec. 7. Minnesota Statutes 2004, section 153A.14,
8.11 	subdivision 2a, is amended to read:
8.12 		Subd. 2a.Exemption from written examination
8.13 	requirement requirements.  Persons completing the audiology
8.14 	registration requirements of section 148.515 after January 1,
8.15 	1996,licensed as audiologists under section 148.512are exempt
8.16 	from the written examination requirements of subdivision 2h,
8.17 	paragraph (a), clause (1).  Minnesota licensure, a current
8.18 	certification of clinical competence issued by the American
8.19 	Speech-Language-Hearing Association, board certification in
8.20 	audiology by the American Board of Audiology, or an equivalent,
8.21 	as an audiologist is not required but may be submitted as
8.22 	evidence qualifying for exemption from the written examination
8.23 	if the requirements are completed after January 1, 1996.
8.24 	Persons qualifying for written examination exemption must
8.25 	fulfill the other credentialing requirements under subdivisions
8.26 	1 and 2 before a certificate may be issued by the
8.27 	commissioner this chapter.

8.28 	Sec. 8. Minnesota Statutes 2004, section 153A.14,
8.29 	subdivision 2i, is amended to read:
8.30 		Subd. 2i.Continuing education requirement.  On forms
8.31 	provided by the commissioner, each certified dispenser must
8.32 	submit with the application for renewal of certification
8.33 	evidence of completion of ten course hours of continuing
8.34 	education earned within the 12-month period of July 1 to June 30
8.35 	immediately preceding renewal.  Continuing education courses
8.36 	must be directly related to hearing instrument dispensing and
9.1 	approved by the International Hearing Society or qualify for
9.2 	continuing education approved for Minnesota licensed
9.3 	audiologists.  Evidence of completion of the ten course hours of
9.4 	continuing education must be submitted with renewal applications
9.5 	by October 1 of each year.  This requirement does not apply to
9.6 	dispensers certified for less than one year.  The first report
9.7 	of evidence of completion of the continuing education credits
9.8 	shall be due October 1, 1997.

9.9 	Sec. 9. Minnesota Statutes 2004, section 153A.14,
9.10 	subdivision 4, is amended to read:
9.11 		Subd. 4.Dispensing of hearing instruments without
9.12 	certificate.  Except as provided in subdivisions 2a,4a,and 4c,
9.13 	it is unlawful for any person not holding a valid certificate to
9.14 	dispense a hearing instrument as defined in section 153A.13,
9.15 	subdivision 3.  A person who dispenses a hearing instrument
9.16 	without the certificate required by this section is guilty of a
9.17 	gross misdemeanor.

9.18 	Sec. 10. Minnesota Statutes 2004, section 153A.14,
9.19 	subdivision 4c, is amended to read:
9.20 		Subd. 4c.Reciprocity.  (a) A person applying for
9.21 	certification as a hearing instrument dispenser under
9.22 	subdivision 1 who has dispensed hearing instruments in another
9.23 	jurisdiction may dispense hearing instruments as a trainee under
9.24 	indirect supervision if the person:
9.25 	(1) satisfies the provisions of subdivision 4a, paragraph
9.26 	(a);
9.27 	(2) submits a signed and dated affidavit stating that the
9.28 	applicant is not the subject of a disciplinary action or past
9.29 	disciplinary action in this or another jurisdiction and is not
9.30 	disqualified on the basis of section 153A.15, subdivision 1; and
9.31 	(3) provides a copy of a current credential as a hearing
9.32 	instrument dispenser, an audiologist, or both,held in the
9.33 	District of Columbia or a state or territory of the United
9.34 	States.
9.35 	(b) A person becoming a trainee under this subdivision who
9.36 	fails to take and pass the practical examination described in
10.1 	subdivision 2h, paragraph (a), clause (2), when next offered
10.2 	must cease dispensing hearing instruments unless under direct
10.3 	supervision.

10.4 	Sec. 11. Minnesota Statutes 2004, section 153A.15,
10.5 	subdivision 1, is amended to read:
10.6 		Subdivision 1.Prohibited acts.  The commissioner may
10.7 	take enforcement action as provided under subdivision 2 against
10.8 	a dispenser of hearing instruments for the following acts and
10.9 	conduct:
10.10 	(1) prescribing or otherwise recommending to a consumer or
10.11 	potential consumer the use of a hearing instrument, unless the
10.12 	prescription from a physician or recommendation from a hearing
10.13 	instrument dispenser or audiologist is in writing, is based on
10.14 	an audiogram that is delivered to the consumer or potential
10.15 	consumer when the prescription or recommendation is made, and
10.16 	bears the following information in all capital letters of
10.17 	12-point or larger boldface type:  "THIS PRESCRIPTION OR
10.18 	RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE
10.19 	PURCHASED FROM, THE CERTIFIED DISPENSER OR LICENSED AUDIOLOGIST 
10.20 	OF YOUR CHOICE";
10.21 	(2) failing to give a copy of the audiogram, upon which the
10.22 	prescription or recommendation is based, to the consumer when
10.23 	there has been a charge for the audiogram and the consumer
10.24 	requests a copy;
10.25 	(3) dispensing a hearing instrument to a minor person 18
10.26 	years or younger unless evaluated by an audiologist for hearing
10.27 	evaluation and hearing aid evaluation;
10.28 	(4) failing to provide the consumer rights brochure
10.29 	required by section 153A.14, subdivision 9;
10.30 	(5) being disciplined through a revocation, suspension,
10.31 	restriction, or limitation by another state for conduct subject
10.32 	to action under this chapter;
10.33 	(6) presenting advertising that is false or misleading;
10.34 	(7) providing the commissioner with false or misleading
10.35 	statements of credentials, training, or experience;
10.36 	(8) engaging in conduct likely to deceive, defraud, or harm
11.1 	the public; or demonstrating a willful or careless disregard for
11.2 	the health, welfare, or safety of a consumer;
11.3 	(9) splitting fees or promising to pay a portion of a fee
11.4 	to any other professional other than a fee for services rendered
11.5 	by the other professional to the client;
11.6 	(10) engaging in abusive or fraudulent billing practices,
11.7 	including violations of federal Medicare and Medicaid laws, Food
11.8 	and Drug Administration regulations, or state medical assistance
11.9 	laws;
11.10 	(11) obtaining money, property, or services from a consumer
11.11 	through the use of undue influence, high pressure sales tactics,
11.12 	harassment, duress, deception, or fraud;
11.13 	(12) failing to comply with restrictions on sales of
11.14 	hearing aids in sections 153A.14, subdivision 9, and 153A.19;
11.15 	(13) performing the services of a certified hearing
11.16 	instrument dispenser in an incompetent or negligent manner;
11.17 	(14) failing to comply with the requirements of this
11.18 	chapter as an employer, supervisor, or trainee;
11.19 	(15) failing to provide information in a timely manner in
11.20 	response to a request by the commissioner, commissioner's
11.21 	designee, or the advisory council;
11.22 	(16) being convicted within the past five years of
11.23 	violating any laws of the United States, or any state or
11.24 	territory of the United States, and the violation is a felony,
11.25 	gross misdemeanor, or misdemeanor, an essential element of which
11.26 	relates to hearing instrument dispensing, except as provided in
11.27 	chapter 364;
11.28 	(17) failing to cooperate with the commissioner, the
11.29 	commissioner's designee, or the advisory council in any
11.30 	investigation;
11.31 	(18) failing to perform hearing instrument dispensing with
11.32 	reasonable judgment, skill, or safety due to the use of alcohol
11.33 	or drugs, or other physical or mental impairment;
11.34 	(19) failing to fully disclose actions taken against the
11.35 	applicant or the applicant's legal authorization to dispense
11.36 	hearing instruments in this or another state;
12.1 	(20) violating a state or federal court order or judgment,
12.2 	including a conciliation court judgment, relating to the
12.3 	activities of the applicant in hearing instrument dispensing;
12.4 	(21) having been or being disciplined by the commissioner
12.5 	of the Department of Health, or other authority, in this or
12.6 	another jurisdiction, if any of the grounds for the discipline
12.7 	are the same or substantially equivalent to those in sections
12.8 	153A.13 to 153A.19;
12.9 	(22) misrepresenting the purpose of hearing tests, or in
12.10 	any way communicating that the hearing test or hearing test
12.11 	protocol required by section 153A.14, subdivision 4b, is a
12.12 	medical evaluation, a diagnostic hearing evaluation conducted by
12.13 	an audiologist, or is other than a test to select a hearing
12.14 	instrument, except that the hearing instrument dispenser can
12.15 	determine the need for or recommend the consumer obtain a
12.16 	medical evaluation consistent with requirements of the United
12.17 	States Food and Drug Administration;
12.18 	(23) violating any of the provisions of sections 153A.13 to
12.19 	153A.19; and
12.20 	(24) aiding or abetting another person in violating any of
12.21 	the provisions of sections 153A.13 to 153A.19.

12.22 	Sec. 12. Minnesota Statutes 2004, section 153A.20,
12.23 	subdivision 1, is amended to read:
12.24 		Subdivision 1.Membership.  The commissioner shall
12.25 	appoint nine persons to a Hearing Instrument Dispenser Advisory
12.26 	Council.
12.27 	(a) The nine persons must include:
12.28 	(1) three public members, as defined in section 214.02.  At
12.29 	least one of the public members shall be a hearing instrument
12.30 	user and one of the public members shall be either a hearing
12.31 	instrument user or an advocate of one; and
12.32 	(2) three hearing instrument dispensers certified under
12.33 	sections 153A.14 to 153A.20, each of whom is currently, and has
12.34 	been for the five years immediately preceding their appointment,
12.35 	engaged in hearing instrument dispensing in Minnesota and who
12.36 	represent the occupation of hearing instrument dispensing and
13.1 	who are not audiologists; and
13.2 	(3) three audiologists who are certified hearing instrument
13.3 	dispensers or are licensed as audiologists under chapter 148.
13.4 	(b) The factors the commissioner may consider when
13.5 	appointing advisory council members include, but are not limited
13.6 	to, professional affiliation, geographical location, and type of
13.7 	practice.
13.8 	(c) No two members of the advisory council shall be
13.9 	employees of, or have binding contracts requiring sales
13.10 	exclusively for, the same hearing instrument manufacturer or the
13.11 	same employer.

13.12 	Sec. 13. REVISOR'S INSTRUCTION.
 13.13 	The revisor of statutes shall change references from
13.14 	"sections 148.511 to 148.5196" to "sections 148.511 to 148.5198"
13.15 	wherever they appear in Minnesota Statutes and Minnesota Rules.

13.16 	Sec. 14. EFFECTIVE DATE.
 13.17 	Sections 1 to 13 are effective August 1, 2005.