2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; modifying provisions relating to 1.3 the practice of speech-language pathology or 1.4 audiology; amending Minnesota Statutes 2002, sections 1.5 148.511; 148.512, subdivisions 2, 4, 6, 7, 8, 12, 13, 1.6 14, 15, 16, 17, 18, 20; 148.513; 148.514; 148.515, 1.7 subdivisions 2, 4; 148.516; 148.5161; 148.517; 1.8 148.518; 148.519; 148.5191; 148.5193, subdivisions 1, 1.9 4, 6, 6a, 7, 8; 148.5194, subdivisions 1, 2, 3, 3a; 1.10 148.5195, subdivisions 2, 3, 4, 5, 6; 148.5196; 1.11 153A.14, subdivisions 2a, 2i; 153A.17; 153A.20, 1.12 subdivision 1; repealing Minnesota Statutes 2002, 1.13 sections 148.512, subdivision 11; 148.515, 1.14 subdivisions 3, 5. 1.15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.16 Section 1. Minnesota Statutes 2002, section 148.511, is 1.17 amended to read: 1.18 148.511 [SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS1.19 SCOPE.] 1.20 Sections 148.511 to 148.5196 applyonlyto persons who are 1.21 applicants forregistrationlicensure,who are registered,who 1.22 use protected titles,orwho represent that they areregistered1.23 licensed, or who engage in the practice of speech-language 1.24 pathology or audiology. Sections 148.511 to 148.5196 do not 1.25 apply to school personnel licensed by the board of teaching,1.26provided that school personnel practicing within the scope of1.27their licensed occupation preface titles protected under section1.28148.513 with the words "school" or "educational."and practicing 1.29 within the scope of their school license under Minnesota Rules, 1.30 part 8710.6000. 2.1 Sec. 2. Minnesota Statutes 2002, section 148.512, 2.2 subdivision 2, is amended to read: 2.3 Subd. 2. [ACCREDITED EDUCATIONAL INSTITUTION.] "Accredited 2.4 educational institution" means a university,or college, or2.5other post-secondary educational institutionthat offers 2.6 speech-language pathology or audiologytraininggraduate degrees 2.7 and that is accredited by theAmerican Speech-Language-Hearing2.8Association or the National Council for Accreditation of Teacher2.9EducationCouncil on Academic Accreditation in Audiology and 2.10 Speech Language Pathology, a body recognized by the United 2.11 States Department of Education, or an equivalent as determined 2.12 by the commissioner. 2.13 Sec. 3. Minnesota Statutes 2002, section 148.512, 2.14 subdivision 4, is amended to read: 2.15 Subd. 4. [APPLICANT.] "Applicant" means a person who 2.16 applies to the commissioner forregistrationlicensure or 2.17registrationlicensure renewal. 2.18 Sec. 4. Minnesota Statutes 2002, section 148.512, 2.19 subdivision 6, is amended to read: 2.20 Subd. 6. [AUDIOLOGIST.] "Audiologist" means a natural 2.21 person who engages in the practice of audiology, meets the 2.22 qualifications required by sections 148.511 to 148.5196, and 2.23registers as an audiologist withis licensed by the commissioner. 2.24 Audiologist also means a natural person using any descriptive 2.25 word with the title audiologist. 2.26 Sec. 5. Minnesota Statutes 2002, section 148.512, 2.27 subdivision 7, is amended to read: 2.28 Subd. 7. [COMMISSIONER.] "Commissioner" means the 2.29 commissioner ofthe department ofhealth or a designee. 2.30 Sec. 6. Minnesota Statutes 2002, section 148.512, 2.31 subdivision 8, is amended to read: 2.32 Subd. 8. [CONTACT HOUR.] "Contact hour" means an 2.33 instructional session of5060 consecutive minutes, excluding 2.34 coffee breaks, registration, meals without a speaker, and social 2.35 activities. 2.36 Sec. 7. Minnesota Statutes 2002, section 148.512, 2.37 subdivision 12, is amended to read: 3.1 Subd. 12. [PRACTICE OF AUDIOLOGY.] The "practice of 3.2 audiology" means: 3.3 (1)screening,identification, assessment, and 3.4 interpretation, diagnosis, rehabilitation, and prevention of 3.5 hearing disorders; 3.6 (2) conservation of the auditory system function; 3.7 development and implementation of hearing conservation programs; 3.8 (3) measurement, assessment, and interpretation of auditory 3.9 and vestibular function; 3.10 (4) selecting, fitting, and dispensing of assistive 3.11 listening devices, alerting and amplification devices, and 3.12 systems for personal and public use, including hearing aids and 3.13 devices, and providing training in their use; 3.14 (5) aural habilitation and rehabilitation and related 3.15 counseling for hearing impaired individuals and their families; 3.16 (6) screening of speech, language, voice, or fluency for 3.17 the purposes of audiologic evaluation or identification of 3.18 possible communication disorders; or 3.19 (7) teaching of, consultation or research about, or 3.20 supervision of the functions in clauses (1) to (6). 3.21 The practice of audiology does not include the practice of 3.22 medicine and surgery, or osteopathic medicine and surgery, or 3.23 medical diagnosis that is commonly performed by a physician. 3.24 Sec. 8. Minnesota Statutes 2002, section 148.512, 3.25 subdivision 13, is amended to read: 3.26 Subd. 13. [PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.] The 3.27 "practice of speech-language pathology" means: 3.28 (1)screening,identification, assessment and 3.29 interpretation, diagnosis, habilitation, rehabilitation, 3.30 treatment and prevention of disorders of speech, articulation, 3.31 fluency, voice, and language; 3.32 (2)screening,identification, assessment, and 3.33 interpretation, diagnosis, habilitation, and rehabilitation of 3.34 disorders of oral-pharyngeal function and related disorders; 3.35 (3)screening,identification, assessment, and 3.36 interpretation, diagnosis, habilitation, and rehabilitation of 4.1 communication disorders associated with cognition; 4.2 (4) assessing, selecting, and developing augmentative and 4.3 alternative communication systems and providing training in 4.4 their use; 4.5 (5) aural habilitation and rehabilitation and related 4.6 counseling for hearing impaired individuals and their families; 4.7 (6) enhancing speech-language proficiency and communication 4.8 effectiveness; 4.9 (7) audiometric screening for the purposes of 4.10 speech-language evaluation or for the identification of possible 4.11 hearing disorders; or 4.12 (8) teaching of, consultation or research about, or 4.13 supervision of the functions in clauses (1) to (7). 4.14 The practice of speech-language pathology does not include 4.15 the practice of medicine and surgery, or osteopathic medicine 4.16 and surgery, or medical diagnosis that is commonly performed by 4.17 a physician. 4.18 Sec. 9. Minnesota Statutes 2002, section 148.512, 4.19 subdivision 14, is amended to read: 4.20 Subd. 14. [REGISTERLICENSE ORREGISTERED4.21 LICENSED.]"Register""License" or"registered""licensed" 4.22 means the act or status of anaturalperson who meets the 4.23 requirements of sections 148.511 to 148.5196and who is4.24authorized by the commissioner to use the titles in section4.25148.513. 4.26 Sec. 10. Minnesota Statutes 2002, section 148.512, 4.27 subdivision 15, is amended to read: 4.28 Subd. 15. [REGISTRANTLICENSEE.]"Registrant""Licensee" 4.29 meansa personan individual who meets the requirements of 4.30 sections 148.511 to 148.5196and is authorized by the4.31commissioner to use the titles in section 148.513. 4.32 Sec. 11. Minnesota Statutes 2002, section 148.512, 4.33 subdivision 16, is amended to read: 4.34 Subd. 16. [REGISTRATIONLICENSURE.] 4.35"Registration""Licensure" is the system of regulation defined 4.36 in section 214.001, subdivision 3, paragraph (c), and is the 5.1 process specified in sections 148.511 to 148.5196. 5.2 Sec. 12. Minnesota Statutes 2002, section 148.512, 5.3 subdivision 17, is amended to read: 5.4 Subd. 17. [SPEECH-LANGUAGE PATHOLOGIST.] "Speech-language 5.5 pathologist" means a person who practices speech-language 5.6 pathology, meets the qualifications under sections 148.511 to 5.7 148.5196, andregisters withis licensed by the commissioner. 5.8 Speech-language pathologist also means a natural person using, 5.9 as an occupational title, a term identified in section 148.513. 5.10 Sec. 13. Minnesota Statutes 2002, section 148.512, 5.11 subdivision 18, is amended to read: 5.12 Subd. 18. [SUPERVISEE.] "Supervisee" meansan individuala 5.13 person who, under the direction or evaluation of a supervisor, 5.14 is: 5.15 (1) engaging in the supervised practice of speech-language 5.16 pathology or audiology; 5.17 (2) performing a function of supervised clinical training 5.18 as a student of speech-language pathology or audiology; or 5.19 (3) performing a function of supervised postgraduate or 5.20 doctoral clinical experience in speech-language pathology or 5.21 audiology. 5.22 Sec. 14. Minnesota Statutes 2002, section 148.512, 5.23 subdivision 20, is amended to read: 5.24 Subd. 20. [SUPERVISOR.] "Supervisor" means a person who 5.25 has the authority to direct or evaluate a supervisee and whois: 5.26 (1) is aregisteredlicensed speech-language pathologist or 5.27 audiologist; or 5.28 (2) when the commissioner determines that supervision by a 5.29registeredlicensed speech-language pathologist or audiologist 5.30 as required in clause (1) is unobtainable, and in other 5.31 situations considered appropriate by the commissioner, is a 5.32 person practicing speech-language pathology or audiology who 5.33 holds a current certificate of clinical competence from the 5.34 American Speech-Language-Hearing Association or board 5.35 certification in audiology by the American Board of Audiology. 5.36 Sec. 15. Minnesota Statutes 2002, section 148.513, is 6.1 amended to read: 6.2 148.513 [LICENSURE; PROTECTED TITLES AND RESTRICTIONS ON 6.3 USE; EXEMPTIONS.] 6.4(a) A person shall not use a title relating to6.5speech-language pathology or audiology, except as provided in6.6paragraphs (b) and (c).6.7 Subdivision 1. [UNLICENSED PRACTICE PROHIBITED.] A person 6.8 must not engage in the practice of speech-language pathology or 6.9 audiology unless the person is licensed as a speech-language 6.10 pathologist or an audiologist under sections 148.511 to 148.5196. 6.11(b)Subd. 2. [PROTECTED TITLES AND RESTRICTIONS ON USE.] 6.12 Use of the following terms or initials which represent the 6.13 following terms, alone or in combination with any word or words, 6.14 by any person to form an occupational title is prohibited unless 6.15 that person isregisteredlicensed under sections 148.511 to 6.16 148.5196: 6.17 (1) speech-language; 6.18 (2) speech-language pathologist, S, SP, or SLP; 6.19 (3) speech pathologist; 6.20 (4) language pathologist; 6.21 (5) audiologist, A, or AUD; 6.22 (6) speech therapist;or6.23 (7) speech clinician; 6.24 (8) speech correctionist; 6.25 (9) speech clinician; 6.26 (10) language therapist; 6.27 (11) voice therapist; 6.28 (12) voice pathologist; 6.29 (13) logopedist; 6.30 (14) communicologist; 6.31 (15) aphasiologist; 6.32 (16) phoniatrist; 6.33 (17) audiometrist; 6.34 (18) audioprosthologist; 6.35 (19) hearing therapist; 6.36 (20) hearing clinician; or 7.1 (21) hearing aid audiologist. 7.2(c)Use of the term "Minnesotaregisteredlicensed" in 7.3 conjunction with the titles protected under this section by any 7.4 person is prohibited unless that person isregisteredlicensed 7.5 under sections 148.511 to 148.5196. 7.6 Subd. 3. [EXEMPTION.] (a) Nothing in sections 148.511 to 7.7 148.5196 prohibits the practice of any profession or occupation 7.8 licensed, certified, or registered by the state by any person 7.9 duly licensed, certified, or registered to practice the 7.10 profession or occupation or to perform any act that falls within 7.11 the scope of practice of the profession or occupation. 7.12 (b) Subdivision 1 does not apply to a student participating 7.13 in supervised field work or supervised course work that is 7.14 necessary to meet the requirements of section 148.515, 7.15 subdivision 2 or 3, if the person is designated by a title which 7.16 clearly indicates the person's status as a student trainee. 7.17 (c) Subdivisions 1 and 2 do not apply to a person visiting 7.18 and then leaving the state and using titles restricted under 7.19 this section while in the state, if the titles are used no more 7.20 than 30 days in a calendar year as part of a professional 7.21 activity that is limited in scope and duration and is in 7.22 association with an audiologist or speech-language pathologist 7.23 licensed under sections 148.511 to 148.5196. 7.24 Sec. 16. Minnesota Statutes 2002, section 148.514, is 7.25 amended to read: 7.26 148.514 [GENERALREGISTRATIONLICENSURE REQUIREMENTS; 7.27 PROCEDURES AND QUALIFICATIONS.] 7.28 Subdivision 1. [GENERALREGISTRATIONLICENSURE 7.29 PROCEDURES.] An applicant forregistrationlicensure must: 7.30 (1) submit an application as required under section 7.31 148.519, subdivision 1; and 7.32 (2) submit all fees required under section 148.5194. 7.33 Subd. 2. [GENERALREGISTRATIONLICENSURE QUALIFICATIONS.] 7.34 An applicant forregistrationlicensure must possess the 7.35 qualifications required in one of the following clauses: 7.36 (1) a person who applies forregistrationlicensure and 8.1 does not meet the requirements in clause (2) or (3), must meet 8.2 the requirements in section 148.515; 8.3 (2) a person who applies forregistrationlicensure and who 8.4 has a current certificate of clinical competence issued by the 8.5 American Speech-Language-Hearing Association, or board 8.6 certification by the American Board of Audiology, must meet the 8.7 requirements of section 148.516; or 8.8 (3) a person who applies forregistrationlicensure by 8.9 reciprocity must meet the requirements under section 148.517. 8.10 Sec. 17. Minnesota Statutes 2002, section 148.515, 8.11 subdivision 2, is amended to read: 8.12 Subd. 2. [MASTER'S OR DOCTORAL DEGREE REQUIRED.] (a) An 8.13 applicant must possess a master's or doctoral degree that meets 8.14 the requirements ofparagraphsparagraph (b)to (h). If 8.15 completing a doctoral program in which a master's degree has not 8.16 been conferred, an applicant must submit a transcript showing 8.17 completion of course work equivalent to, or exceeding, a 8.18 master's degree that meets the requirement of paragraph (b). 8.19 (b) All of the applicant's graduate coursework and clinical 8.20 practicum required in the professional area for which 8.21registrationlicensure is sought must have been initiated and 8.22 completed at an institution whose program was accredited by the 8.23 educational standards board of theAmerican8.24Speech-Language-Hearing AssociationCouncil on Academic 8.25 Accreditation in Audiology and Speech-Language Pathology, a body 8.26 recognized by the United States Department of Education, or an 8.27 equivalent as determined by the commissioner, in the area for 8.28 whichregistrationlicensure is sought. 8.29(c) The master's degree training must include a minimum of8.30112.5 quarter credits or 75 semester credits or their equivalent8.31of academic coursework that includes basic science coursework8.32and professional coursework.8.33(d) Applicants for registration in either speech-language8.34pathology or audiology must complete 40.5 quarter credits of the8.35112.5 quarter credits or 27 of the 75 semester credits or their8.36equivalent in basic science coursework, distributed as follows:9.1(1) nine quarter credits or six semester credits or their9.2equivalent must be in biological or physical sciences and9.3mathematics;9.4(2) nine quarter credits or six semester credits or their9.5equivalent must be in behavioral or social sciences, including9.6normal aspects of human behavior and communication; and9.7(3) 22.5 quarter credits or 15 semester credits or their9.8equivalent must be in basic human communication processes and9.9must include coursework in each of the following three areas of9.10speech, language, and hearing:9.11(i) the anatomic and physiologic bases;9.12(ii) the physical and psychophysical bases; and9.13(iii) the linguistic and psycholinguistic aspects.9.14(e) All applicants for registration must complete 549.15quarter credits of the 112.5 quarter credits or 36 semester9.16credits of the 75 semester credits or their equivalent in9.17professional coursework. The coursework must include the9.18nature, prevention, evaluation, and treatment of speech,9.19language, and hearing disorders. The coursework must encompass9.20courses in speech, language, and hearing that concern disorders9.21primarily affecting children as well as disorders primarily9.22affecting adults. A minimum of 45 of the 54 quarter credits or9.2330 of the 36 semester credits or their equivalent must be9.24courses for which graduate credit was received. A minimum of9.2531.5 of the 45 quarter credits or 21 of the 30 semester credits9.26must be in the professional area for which registration is9.27sought.9.28(f) Applicants seeking registration as speech-language9.29pathologists must complete the following professional coursework:9.30(1) 45 quarter credits of the 54 quarter credits of the9.31professional coursework or 30 semester credits of the 369.32semester credits of the professional coursework or their9.33equivalent must be in courses pertaining to speech-language9.34pathology and nine quarter credits of the 54 quarter credits or9.35six semester credits of the 36 semester credits or their9.36equivalent in courses in the area of audiology; and10.1(2) the 45 quarter credits or 30 semester credits or their10.2equivalent pertaining to speech-language pathology must include10.3at least nine quarter credits or six semester credits or their10.4equivalent in speech disorders and nine quarter credits or six10.5semester credits or their equivalent in language disorders. The10.6nine quarter credits or six semester credits or their equivalent10.7in the area of audiology must include at least 4.5 quarter10.8credits or three semester credits or their equivalent in hearing10.9disorders and hearing evaluation and 4.5 quarter credits or10.10three semester credits or their equivalent in habilitative and10.11rehabilitative procedures.10.12(g) Applicants seeking registration as an audiologist must10.13complete professional coursework as follows:10.14(1) 45 quarter credits of the 54 quarter credits or 3010.15semester credits of the 36 semester credits or their equivalent10.16of coursework must be in audiology. At least nine quarter10.17credits of the 45 quarter credits or six semester credits of the10.1830 semester credits in audiology must be in hearing disorders10.19and hearing evaluation and at least nine quarter credits or six10.20semester credits or their equivalent must be in habilitative or10.21rehabilitative procedures with individuals who have hearing10.22impairment; and10.23(2) nine quarter credits of the 54 quarter credits or six10.24semester credits of the 36 semester credits or their equivalent10.25in the area of speech-language pathology. At least 4.5 quarter10.26credits of the nine quarter credits or three semester credits of10.27the six semester credits must be in speech disorders and at10.28least 4.5 quarter credits of the nine quarter credits or three10.29semester credits of the six semester credits must be in language10.30disorders. This coursework in speech-language pathology must10.31concern the nature, prevention, evaluation, and treatment of10.32speech and language disorders not associated with hearing10.33impairment.10.34(h) Of the professional coursework required in paragraphs10.35(f) and (g), no more than nine quarter credits or six semester10.36credits or their equivalent associated with clinical training11.1may be counted toward the minimum of 54 quarter credits or 3611.2semester credits or their equivalent of professional coursework.11.3However, those hours may not be used to satisfy the minimum of11.4nine quarter credits or six semester credit hours in hearing11.5disorders or evaluation, nine quarter credits or six semester11.6credits in habilitative or rehabilitative procedures, or nine11.7quarter credits or six semester credits in speech-language11.8pathology.11.9 Sec. 18. Minnesota Statutes 2002, section 148.515, 11.10 subdivision 4, is amended to read: 11.11 Subd. 4. [SUPERVISEDPOSTGRADUATEGRADUATE OR DOCTORAL 11.12 CLINICAL EXPERIENCE REQUIRED.](a)An applicant must completeno11.13less than nine months or its equivalent of full-time supervised11.14postgraduate clinical experience according to paragraphs (b) to11.15(h)the graduate or doctoral clinical experience required by the 11.16 American Speech-Language-Hearing Association, the American Board 11.17 of Audiology, or an equivalent, as determined by the 11.18 commissioner, and must achieve a qualifying examination score on 11.19 the National Examination in Speech-Language Pathology or 11.20 Audiology. 11.21(b) Supervision in the postgraduate clinical experience11.22includes both on-site observation and other monitoring11.23activities. On-site observation must involve the supervisor,11.24the supervisee, and the client receiving speech-language11.25pathology or audiology services. On-site observation must11.26include direct observation by the supervisor of treatment given11.27by the supervisee. Other monitoring activities may be executed11.28by correspondence and include, but are not limited to,11.29conferences with the supervisee, evaluation of written reports,11.30and evaluations by professional colleagues. Other monitoring11.31activities do not include the client receiving speech-language11.32pathology or audiology services but must involve direct or11.33indirect evaluative contact by the supervisor of the supervisee.11.34(c) The applicant must, as part of the postgraduate11.35clinical experience, be supervised by an individual who meets11.36the definition of section 148.512, subdivision 20, and:12.1(1) when registration as a speech-language pathologist is12.2sought, is a registered speech-language pathologist or hold a12.3current certificate of clinical competence in speech-language12.4pathology from the American Speech-Language-Hearing Association;12.5and12.6(2) when registration as an audiologist is sought, is a12.7registered audiologist or hold a current certificate of clinical12.8competence in audiology from the American12.9Speech-Language-Hearing Association.12.10(d) The applicant may not begin the postgraduate clinical12.11experience until the applicant has completed the academic12.12coursework and clinical training in subdivisions 2 and 3.12.13(e) To be considered full time, at least 30 hours per week12.14must be spent over a nine-month period in clinical work.12.15Equivalent time periods may include part-time professional12.16employment as follows:12.17(1) 12 months of at least 25 hours per week;12.18(2) 15 months of at least 20 hours per week; or12.19(3) 18 months of at least 15 hours per week.12.20(f) The applicant's postgraduate clinical experience must12.21include direct clinical experience with patients, consultations,12.22report writing, record keeping, or other duties relevant to12.23clinical work. A minimum of 80 percent of the clinical12.24experience must be in direct contact with persons who have12.25communication handicaps. If the applicant uses part-time12.26employment to fulfill the postgraduate clinical experience12.27requirement, all of the minimum required hours of the part-time12.28work week requirement must be spent in direct professional12.29experience.12.30(g) The applicant must complete the postgraduate clinical12.31experience within a maximum of 36 consecutive months and must be12.32supervised in no less than 36 activities, including 18 one-hour12.33on-site observations. A maximum of six hours can be accrued in12.34one day. A minimum of six one-hour on-site observations must be12.35accrued during each one-third of the experience.12.36(h) The applicant must complete 18 other monitored13.1activities and complete at least one monitored activity each13.2month of the postgraduate clinical experience. Alternatives to13.3on-site observation and monitoring activities include activities13.4supervised by correspondence, evaluation of written reports, and13.5evaluations by professional colleagues.13.6 Sec. 19. Minnesota Statutes 2002, section 148.516, is 13.7 amended to read: 13.8 148.516 [REGISTRATIONLICENSURE BY EQUIVALENCY.] 13.9 An applicant who applies forregistrationlicensure by 13.10 equivalency must show evidence of possessing a current 13.11 certificate of clinical competence issued by the American 13.12 Speech-Language-Hearing Association or board certification by 13.13 the American Board of Audiology and must meet the requirements 13.14 of section 148.514. 13.15 Sec. 20. Minnesota Statutes 2002, section 148.5161, is 13.16 amended to read: 13.17 148.5161 [TEMPORARY REGISTRATIONCLINICAL FELLOWSHIP 13.18 LICENSURE OR DOCTORAL EXTERNSHIP LICENSURE.] 13.19 Subdivision 1. [APPLICATION.] The commissioner shall issue 13.20temporary registrationclinical fellowship licensure or doctoral 13.21 externship licensure as a speech-language pathologist or 13.22 audiologist to an applicant who has applied forregistration13.23 licensure under section 148.515, who is not the subject of a 13.24 disciplinary action or past disciplinary action, and who has not 13.25 violated a provision of section 148.5195, subdivision 3. 13.26 Subd. 2. [PROCEDURES.] To be eligible fortemporary13.27registrationclinical fellowship licensure or doctoral 13.28 externship licensure, an applicant must submit an application 13.29 form provided by the commissioner, the fees required by section 13.30 148.5194, and evidence of successful completion of the 13.31 requirements in section 148.515,subdivisionssubdivision 2and13.323. 13.33 Subd. 3. [SUPERVISION REQUIRED.] (a) Atemporary13.34registrantclinical fellowship licensee or doctoral externship 13.35 licensee must practice under the supervision of an individual 13.36 who meets the requirements of section 148.512, subdivision 20. 14.1 Supervision must conform to the requirements in paragraphs (b) 14.2 to(g)(e). 14.3 (b) Supervision must include both on-site observation and 14.4 other monitoring activities. On-site observation must involve 14.5 the supervisor, thesuperviseeclinical fellowship licensee or 14.6 doctoral externship licensee, and the client receiving 14.7 speech-language pathology or audiology services and must include 14.8 direct observation by the supervisor of treatment given by the 14.9superviseeclinical fellowship licensee or doctoral externship 14.10 licensee. Other monitoring activities must involve direct or 14.11 indirect evaluative contact by the supervisor of thesupervisee14.12 clinical fellowship licensee or doctoral externship licensee, 14.13 may be executed by correspondence, and may include, but are not 14.14 limited to, conferences with thesuperviseeclinical fellowship 14.15 licensee or doctoral externship licensee, evaluation of written 14.16 reports, and evaluations by professional colleagues. Other 14.17 monitoring activities do not include the client receiving 14.18 speech-language pathology or audiology services. 14.19 (c) Thetemporary registrantclinical fellowship licensee 14.20 or doctoral externship licensee must be supervised by an 14.21 individual who meets the definition of section 148.512, 14.22 subdivision 20, and: 14.23 (1) when thetemporary registrantclinical fellowship 14.24 licensee or doctoral externship licensee is a speech-language 14.25 pathologist, is aregisteredlicensed speech-language 14.26 pathologist, or holds a current certificate of clinical 14.27 competence in speech-language pathology from the American 14.28 Speech-Language-Hearing Association;andor 14.29 (2) when thetemporary registrantclinical fellowship 14.30 licensee or doctoral externship licensee is an audiologist, is a 14.31registeredlicensed audiologist, or holds a current certificate 14.32 of clinical competence in audiology from the American 14.33 Speech-Language-Hearing Association or board certification in 14.34 audiology by the American Board of Audiology. 14.35 (d)Temporary registrationClinical fellowship licensure or 14.36 doctoral externship licensure shall not be granted until the 15.1 applicant has completed the academic coursework and clinical 15.2 training in section 148.515,subdivisionssubdivision 2and 3. 15.3 (e)The temporary registrant must be supervised in no less15.4than 36 activities, including 18 one-hour on-site observations.15.5A maximum of six hours may be accrued in one day. A minimum of15.6six one-hour on-site observations must be accrued during each15.7one-third of the experience.15.8(f) The temporary registrant must complete 18 other15.9monitored activities and complete at least one monitored15.10activity each month.15.11(g)Thetemporary registrantclinical fellowship licensee 15.12 or doctoral externship licensee must provide verification of 15.13 supervision on the application form provided by the commissioner. 15.14 Subd. 4. [DOCTORAL EXTERNSHIP LICENSURE.] Doctoral 15.15 candidates in audiology completing their final externship as 15.16 part of their training program are eligible to receive a 15.17 provisional license in audiology and are not required to 15.18 complete the postgraduate clinical fellowship year. 15.19 Subd. 5. [EXPIRATION OFTEMPORARY REGISTRATIONCLINICAL 15.20 FELLOWSHIP OR DOCTORAL EXTERNSHIP LICENSURE.] Atemporary15.21registrationclinical fellowship license or doctoral externship 15.22 license issued to a person pursuant to subdivision 2 expires 18 15.23 months after issuance or on the date the commissioner grants or 15.24 deniesregistrationlicensure, whichever occurs first. Upon 15.25 application, atemporary registrationclinical fellowship 15.26 license or doctoral externship license shall be renewed once to 15.27 persons who have not met the supervised postgraduate clinical 15.28 experience requirement under section 148.515, subdivision 4, 15.29 within the initialtemporary registrationclinical fellowship 15.30 license or doctoral externship license period and meet the 15.31 requirements of subdivision 1. 15.32 Subd.56. [TITLE USED.] Atemporary registrantlicensee 15.33 with a clinical fellowship or doctoral externship shall be 15.34 identified by one of the protected titles and a designation 15.35 indicating clinical fellowship status. 15.36 Sec. 21. Minnesota Statutes 2002, section 148.517, is 16.1 amended to read: 16.2 148.517 [REGISTRATIONLICENSURE BY RECIPROCITY.] 16.3 Subdivision 1. [APPLICABILITY.] An applicant who applies 16.4 forregistrationlicensure as a speech-language pathologist or 16.5 audiologist by reciprocity must meet the requirements of 16.6 subdivisions 2 and 3. 16.7 Subd. 2. [CURRENT CREDENTIALS REQUIRED.] An applicant 16.8 applying forregistrationlicensure by reciprocity must provide 16.9 evidence to the commissioner that the applicant holds a current 16.10 and unrestricted credential for the practice of speech-language 16.11 pathology or audiology in another jurisdiction that has 16.12 requirements equivalent to or higher than those in effect for 16.13 determining whether an applicant in this state is qualified to 16.14 beregisteredlicensed as a speech-language pathologist or 16.15 audiologist. An applicant who provides sufficient evidence need 16.16 not meet the requirements of section 148.515, provided that the 16.17 applicant otherwise meets all other requirements of section 16.18 148.514. 16.19 Subd. 3. [VERIFICATION OF CREDENTIALS REQUIRED.] An 16.20 applicant forregistrationlicensure by reciprocity under 16.21 subdivision 2, must have maintained the appropriategovernment16.22bodyand unrestricted credentials in each jurisdictionin which16.23the applicant holds a credential submit lettersduring the last 16.24 five years as demonstrated by submitting letters of verification 16.25 to the commissioner. Each letter must state the applicant's 16.26 name, date of birth, credential number, date of issuance, a 16.27 statement regarding disciplinary actions, if any, taken against 16.28 the applicant, and the terms under which the credential was 16.29 issued. 16.30 Subd. 4. [TEMPORARYREGISTRATIONLICENSURE.] (a) The 16.31 commissioner shall issue temporaryregistrationlicensure as a 16.32 speech-language pathologist, an audiologist, or both, to an 16.33 applicant who has applied forregistrationlicensure underthis16.34 section 148.515, 148.516, 148.517, or 148.518, subdivisions 1 16.35 and 2, and who: 16.36 (1) submits a signed and dated affidavit stating that the 17.1 applicant is not the subject of a disciplinary action or past 17.2 disciplinary action in this or another jurisdiction and is not 17.3 disqualified on the basis of section 148.5195, subdivision 3; 17.4 and 17.5 (2) either: 17.6 (i) provides a copy of a current credential as a 17.7 speech-language pathologist, an audiologist, or both, held in 17.8 the District of Columbia or a state or territory of the United 17.9 States; or 17.10 (ii) provides a copy of a current certificate of clinical 17.11 competence issued by the American Speech-Language-Hearing 17.12 Association orits equivalentboard certification in audiology 17.13 by the American Board of Audiology. 17.14 (b) A temporaryregistrationlicense issued to a person 17.15 under this subdivision expires 90 days after it is issued or on 17.16 the date the commissioner grants or deniesregistration17.17 licensure, whichever occurs first. 17.18 (c) Upon application, a temporaryregistrationlicense 17.19 shall be renewed once to a person who is able to demonstrate 17.20 good cause for failure to meet the requirements forregistration17.21 licensure within the initial temporaryregistrationlicensure 17.22 period and who is not the subject of a disciplinary action or 17.23 disqualified on the basis of section 148.5195, subdivision 3. 17.24 Sec. 22. Minnesota Statutes 2002, section 148.518, is 17.25 amended to read: 17.26 148.518 [REGISTRATIONLICENSURE FOLLOWING LAPSE OF 17.27REGISTEREDLICENSURE STATUS.] 17.28Subdivision 1. [LAPSE OF THREE YEARS OR LESS.]For an 17.29 applicant whoseregisteredlicensure status has lapsedfor three17.30years or less, the applicant must: 17.31 (1) apply forregistrationlicensure renewal according to 17.32 section 148.5191 and document compliance with the continuing 17.33 education requirements of section 148.5193 since the applicant's 17.34registrationlicense lapsed;or17.35 (2) fulfill the requirements of section 148.517.; or 17.36Subd. 2. [LAPSE OF MORE THAN THREE YEARS.] For an18.1applicant whose registered status has lapsed for more than three18.2years, the applicant must:18.3(1) apply for registration renewal according to section18.4148.5191 and obtain a qualifying score on the examination18.5described in section 148.515, subdivision 5, within one year of18.6the application date for registration renewal;18.7(2) apply for renewal according to section 148.5191,18.8provide evidence to the commissioner that the applicant holds a18.9current and unrestricted credential for the practice of18.10speech-language pathology from the Minnesota board of teaching18.11or for the practice of speech-language pathology or audiology in18.12another jurisdiction and provide evidence that the applicant's18.13credential from the Minnesota board of teaching or another18.14jurisdiction has been held in good standing during the period of18.15lapse;18.16 (3) apply for renewal according to section 148.5191and18.17submit documentation of having completed a combination of18.18speech-language pathology or audiology courses or a18.19speech-language pathology or audiology refresher program that18.20contains both a theoretical and clinical component preapproved18.21or approved by the commissioner. Only courses completed within18.22one year preceding the date of the application or one year after18.23the date of the application will qualify for approval; or18.24(4) apply for renewal according to section 148.5191 and18.25submit proof of successful completion and verified documentation18.26of 160 hours of supervised practice approved by the18.27commissioner. To participate in a supervised practice, the18.28applicant shall first apply and obtain temporary registration18.29according to section 148.5161, provide evidence to the 18.30 commissioner that the applicant holds a current and unrestricted 18.31 credential for the practice of speech-language pathology from 18.32 the Minnesota board of teaching or for the practice of 18.33 speech-language pathology or audiology in another jurisdiction 18.34 that has requirements equivalent to or higher than those in 18.35 effect for Minnesota, and provide evidence of compliance with 18.36 Minnesota board of teaching or that jurisdiction's continuing 19.1 education requirements. 19.2 Sec. 23. Minnesota Statutes 2002, section 148.519, is 19.3 amended to read: 19.4 148.519 [REGISTRATIONLICENSURE PROCEDURES.] 19.5 Subdivision 1. [APPLICATIONS FORREGISTRATIONLICENSURE.] 19.6 (a) An applicant forregistrationlicensure must: 19.7 (1) submit a completed application forregistration19.8 licensure on forms provided by the commissioner. The 19.9 application must include the applicant's name, certification 19.10 number under chapter 153A, if applicable, business address and 19.11 telephone number, or home address and telephone number if the 19.12 applicant practices speech-language pathology or audiology out 19.13 of the home, and a description of the applicant's education, 19.14 training, and experience, including previous work history for 19.15 the five years immediately preceding the date of application. 19.16 The commissioner may ask the applicant to provide additional 19.17 information necessary to clarify information submitted in the 19.18 application; and 19.19 (2) submit documentation of the certificate of clinical 19.20 competence issued by the American Speech-Language-Hearing 19.21 Association, board certification by the American Board of 19.22 Audiology, or satisfy the following requirements: 19.23(2)(i) submit a transcript showing the completion of a 19.24 master's or doctoral degree or its equivalent meeting the 19.25 requirements of section 148.515, subdivision 2; 19.26(3)(ii) submit documentation of the required hours of 19.27 supervised clinical trainingmeeting the requirements of section19.28148.515, subdivision 3; 19.29(4)(iii) submit documentation of the postgraduate clinical 19.30 or doctoral clinical experience meeting the requirements of 19.31 section 148.515, subdivision 4; and 19.32(5)(iv) submit documentation of receiving a qualifying 19.33 score on an examination meeting the requirements of section 19.34 148.515, subdivision 5;. 19.35 (b) In addition, an applicant must: 19.36(6)(1) sign a statement that the information in the 20.1 application is true and correct to the best of the applicant's 20.2 knowledge and belief; 20.3(7)(2) submit with the application all fees required by 20.4 section 148.5194; and 20.5(8)(3) sign a waiver authorizing the commissioner to 20.6 obtain access to the applicant's records in this or any other 20.7 state in which the applicant has engaged in the practice of 20.8 speech-language pathology or audiology. 20.9 Subd. 2. [ACTION ON APPLICATIONS FORREGISTRATION20.10 LICENSURE.] (a) The commissioner shall act on an application for 20.11registrationlicensure according to paragraphs (b) to (d). 20.12 (b) The commissioner shall determine if the applicant meets 20.13 the requirements forregistrationlicensure. The commissioner 20.14 or advisory council may investigate information provided by an 20.15 applicant to determine whether the information is accurate and 20.16 complete. 20.17 (c) The commissioner shall notify an applicant, via 20.18 certified mail, of action taken on the application and of the 20.19 grounds for denyingregistrationlicensure ifregistration20.20 licensure is denied. 20.21 (d) An applicant deniedregistrationlicensure may make a 20.22 written request to the commissioner, within 30 days of the date 20.23 of notification to the applicant,to appear before the advisory20.24council and for the advisory council to review the20.25commissioner's decision to deny the applicant's registration.20.26After reviewing the denial, the advisory council shall make a20.27recommendation to the commissioner as to whether the denial20.28should be affirmed. An applicant is allowed no more than one20.29request for a review of denial of registration in any one20.30registration renewal periodfor reconsideration of the denial. 20.31 Individuals requesting reconsideration may submit information 20.32 that the applicant wants considered in the reconsideration. 20.33 After reconsideration of the commissioner's determination to 20.34 deny licensure, the commissioner shall determine whether the 20.35 original determination should be affirmed or modified. An 20.36 applicant may make only one request in any one biennial license 21.1 period for reconsideration of the commissioner's determination 21.2 to deny licensure. 21.3 Subd. 3. [CHANGE OF ADDRESS.] A licensee who changes 21.4 addresses must inform the commissioner, in writing, of the 21.5 change of address within 30 days. All notices or other 21.6 correspondence mailed to or served on a licensee by the 21.7 commissioner at the licensee's address on file with the 21.8 commissioner shall be considered as having been received by the 21.9 licensee. 21.10 Sec. 24. Minnesota Statutes 2002, section 148.5191, is 21.11 amended to read: 21.12 148.5191 [REGISTRATIONLICENSURE RENEWAL.] 21.13 Subdivision 1. [RENEWAL REQUIREMENTS.] To renew 21.14registrationlicensure, an applicant must: 21.15 (1) biennially complete a renewal application on a form 21.16 provided by the commissioner and submit the biennial renewal 21.17 fee; 21.18 (2) meet the continuing education requirements of section 21.19 148.5193 and submit evidence of attending continuing education 21.20 courses, as required in section 148.5193, subdivision 6; and 21.21 (3) submit additional information if requested by the 21.22 commissioner to clarify information presented in the renewal 21.23 application. The information must be submitted within 30 days 21.24 after the commissioner's request. 21.25 Subd. 2. [LATE FEE.] An application submitted after the 21.26 renewal deadline date must be accompanied by a late fee as 21.27 provided in section 148.5194, subdivision 4. 21.28 Subd. 3. [REGISTRATIONLICENSURE RENEWAL NOTICE.] 21.29RegistrationLicensure renewal is on a biennial basis. At least 21.30 60 days before theregistrationlicensure expiration date, the 21.31 commissioner shall send out a renewal notice to theregistrant's21.32 licensee's last known address. The notice shall include a 21.33 renewal application and notice of fees required for renewal. If 21.34 theregistrantlicensee does not receive the renewal notice, the 21.35registrantlicensee is still required to meet the deadline for 21.36 renewal to qualify for continuousregisteredlicensure status. 22.1 Subd. 4. [RENEWAL DEADLINE.] Eachregistration certificate22.2 license, including a temporaryregistration certificatelicense 22.3 provided under section 148.5161, must state an expiration date. 22.4 An application forregistrationlicensure renewal must be 22.5 received by the department of health or postmarked at least 30 22.6 days before the expiration date. If the postmark is illegible, 22.7 the application shall be considered timely if received at least 22.8 21 days before the expiration date. 22.9 When the commissioner establishes the renewal schedule for 22.10 an applicant,registrantlicensee, or temporaryregistrant22.11 licensee, if the period before the expiration date is less than 22.12 two years, the fee shall be prorated. 22.13 Sec. 25. Minnesota Statutes 2002, section 148.5193, 22.14 subdivision 1, is amended to read: 22.15 Subdivision 1. [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 22.16 applicant forregistrationlicensure renewal must meet the 22.17 requirements for continuing educationaccording tostipulated by 22.18 the American Speech-Language-Hearing Association or the American 22.19 Board of Audiology, or satisfy the requirements described in 22.20 paragraphs (b) to (e). 22.21 (b) An applicant forregistrationlicensure renewal as 22.22 either a speech-language pathologist or an audiologist must 22.23 provide evidence to the commissioner of a minimum of 30 contact 22.24 hours of continuing education offered by a continuing education 22.25 sponsor within the two years immediately precedingregistration22.26 licensure renewal. A minimum of 20 contact hours of continuing 22.27 education must be directly related to theregistrant's22.28 licensee's area ofregistrationlicensure. Ten contact hours of 22.29 continuing education may be in areas generally related to the 22.30registrant'slicensee's area ofregistrationlicensure. 22.31 (c) An applicant forregistrationlicensure renewal as both 22.32 a speech-language pathologist and an audiologist must attest to 22.33 and document completion of a minimum of 36 contact hours of 22.34 continuing education offered by a continuing education sponsor 22.35 within the two years immediately precedingregistration22.36 licensure renewal. A minimum of 15 contact hours must be 23.1 received in the area of speech-language pathology and a minimum 23.2 of 15 contact hours must be received in the area of audiology. 23.3 Six contact hours of continuing education may be in areas 23.4 generally related to theregistrant'slicensee's areas of 23.5registrationlicensure. 23.6 (d) If theregistrantlicensee is licensed by the board of 23.7 teaching: 23.8 (1) activities that are approved in the categories of 23.9 Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 23.10 that relate to speech-language pathology, shall be considered: 23.11 (i) offered by a sponsor of continuing education; and 23.12 (ii) directly related to speech-language pathology; 23.13 (2) activities that are approved in the categories of 23.14 Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 23.15 (i) offered by a sponsor of continuing education; and 23.16 (ii) generally related to speech-language pathology; and 23.17 (3) one clock hour as defined in Minnesota Rules, part 23.18 8700.1000, subpart 1, is equivalent to1.21.0 contact hours of 23.19 continuing education. 23.20 (e) Contact hours cannot be accumulated in advance and 23.21 transferred to a future continuing education period. 23.22 Sec. 26. Minnesota Statutes 2002, section 148.5193, 23.23 subdivision 4, is amended to read: 23.24 Subd. 4. [EARNING CONTINUING EDUCATION CONTACT HOURS 23.25 THROUGH CONTACT HOUR EQUIVALENTS.] (a) Aregistrantlicensee who 23.26 teaches continuing education courses or presents or publishes 23.27 for educational purposes may obtain contact hour equivalents 23.28 according to paragraphs (b) to (d). 23.29 (b) The sponsor of the course must meet the requirements of 23.30 subdivision 2. 23.31 (c) Aregistrantlicensee may not obtain more than six 23.32 contact hours in any two-year continuing education period by 23.33 teaching continuing education courses. 23.34 (d) Aregistrantlicensee may obtain two contact hours for 23.35 each hour spent teaching a course. Contact hours may be claimed 23.36 only once for teaching the same course in any two-year 24.1 continuing education period. 24.2 Sec. 27. Minnesota Statutes 2002, section 148.5193, 24.3 subdivision 6, is amended to read: 24.4 Subd. 6. [RECORDS OF ATTENDANCE.] (a) Aregistrant24.5 licensee must maintain for four years records of attending the 24.6 continuing education contact hours required forregistration24.7 licensure renewal. 24.8 (b) An applicant forregistrationlicensure renewal must 24.9 submit documentation demonstrating compliance with continuing 24.10 education requirements of the American Speech-Language-Hearing 24.11 Association on the American Board of Audiology or an equivalent, 24.12 or the following information on a form provided by the 24.13 commissioner: the sponsoring organization, the dates of the 24.14 course, the course name, the number of contact hours completed, 24.15 and the name and signature of theregistrantlicensee. The form 24.16 must be submitted with the renewal application under section 24.17 148.5191, subdivision 1. 24.18 Sec. 28. Minnesota Statutes 2002, section 148.5193, 24.19 subdivision 6a, is amended to read: 24.20 Subd. 6a. [VERIFICATION OF ATTENDANCE.] An applicant 24.21 forregistrationlicensure renewal must submit verification of 24.22 attendance as follows: 24.23 (1) a certificate of attendance from the sponsor with the 24.24 continuing education course name, course date, andregistrant's24.25 licensee's name. If a certificate is not available, the 24.26 commissioner may accept other evidence of attendance such as a 24.27 confirmation or statement of registration for regional or 24.28 national annual conferences or conventions of professional 24.29 associations, a copy of the continuing education courses 24.30 indicating those attended, and an affidavit of attendance; 24.31 (2) a copy of a record of attendance from the sponsor of 24.32 the continuing education course; 24.33 (3) a signature of the presenter or a designee at the 24.34 continuing education activity on the continuing education report 24.35 form; 24.36 (4) a summary or outline of the educational content of an 25.1 audio or video educational activity if a designee is not 25.2 available to sign the continuing education report form; 25.3 (5) for self-study programs, a certificate of completion or 25.4 other documentation indicating that the individual has 25.5 demonstrated knowledge and has successfully completed the 25.6 program;andor 25.7 (6) for attendance at a university, college, or vocational 25.8 course, an official transcript. 25.9 Sec. 29. Minnesota Statutes 2002, section 148.5193, 25.10 subdivision 7, is amended to read: 25.11 Subd. 7. [VERIFICATION OF CONTINUING EDUCATION REPORTS.] 25.12 The commissioner may request aregistrantlicensee or continuing 25.13 education sponsor to verify the continuing education to which 25.14 theregistrantlicensee attested. Documentation may come 25.15 directly from theregistrantlicensee, the continuing education 25.16 sponsor, or from a national accrediting or certifying 25.17 organization which maintains the records. 25.18 Sec. 30. Minnesota Statutes 2002, section 148.5193, 25.19 subdivision 8, is amended to read: 25.20 Subd. 8. [WAIVER OF CONTINUING EDUCATION REQUIREMENTS.] 25.21 The commissioner may grant a waiver of the requirements of this 25.22 section in cases where the requirements would impose an undue 25.23 burden on theregistrantlicensee. Aregistrantlicensee must 25.24 request in writing a waiver of the requirements of this 25.25 section. The request for a waiver must cite this section, the 25.26 reasons for requesting the waiver, the period of time 25.27 theregistrantlicensee wishes to have the continuing education 25.28 requirement waived, and the alternative measures that will be 25.29 taken if a waiver is granted. The commissioner shall set forth, 25.30 in writing, the reasons for granting or denying the waiver. 25.31 Waivers granted by the commissioner shall specify in writing the 25.32 time limitation and required alternative measures to be taken by 25.33 theregistrantlicensee. 25.34 Sec. 31. Minnesota Statutes 2002, section 148.5194, 25.35 subdivision 1, is amended to read: 25.36 Subdivision 1. [FEE PRORATION.] The commissioner shall 26.1 prorate theregistrationlicensure fee for clinical fellowship, 26.2 doctoral externship, temporary, and first timeregistrants26.3 licensees according to the number of months that have elapsed 26.4 between the dateregistrationthe license is issued and the date 26.5registrationthe license must be renewed under section 148.5191, 26.6 subdivision 4. 26.7 Sec. 32. Minnesota Statutes 2002, section 148.5194, 26.8 subdivision 2, is amended to read: 26.9 Subd. 2. [BIENNIALREGISTRATIONLICENSURE FEE.] The fee 26.10 for initialregistrationlicensure and biennialregistration26.11 licensure, temporaryregistrationlicensure, or renewal is $200. 26.12 Sec. 33. Minnesota Statutes 2002, section 148.5194, 26.13 subdivision 3, is amended to read: 26.14 Subd. 3. [BIENNIALREGISTRATIONLICENSURE FEE FOR DUAL 26.15REGISTRATIONLICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST AND 26.16 AUDIOLOGIST.] The fee for initialregistrationlicensure and 26.17 biennialregistrationlicensure, clinical fellowship, doctoral 26.18 externship, temporaryregistrationlicense, or renewal is $200. 26.19 Sec. 34. Minnesota Statutes 2002, section 148.5194, 26.20 subdivision 3a, is amended to read: 26.21 Subd. 3a. [SURCHARGE FEE.] Notwithstanding section 26.22 16A.1285, subdivision 2, for a period of four years following 26.23 July 1, 1999, an applicant forregistrationlicensure or 26.24registrationlicensure renewal must pay a surcharge fee of $25 26.25 in addition to any other fees due uponregistrationlicensure or 26.26registrationlicensure renewal. This subdivision expires June 26.27 30, 2003. 26.28 Sec. 35. Minnesota Statutes 2002, section 148.5195, 26.29 subdivision 2, is amended to read: 26.30 Subd. 2. [RIGHTS OF APPLICANTS ANDREGISTRANTSLICENSEES.] 26.31 The rights of an applicant deniedregistrationlicensure are 26.32 stated in section 148.519, subdivision 2, paragraph (d). 26.33 Aregistrantlicensee shall not be subjected to disciplinary 26.34 action under this section without first having an opportunity 26.35 for a contested case hearing under chapter 14. 26.36 Sec. 36. Minnesota Statutes 2002, section 148.5195, 27.1 subdivision 3, is amended to read: 27.2 Subd. 3. [GROUNDS FOR DISCIPLINARY ACTION BY 27.3 COMMISSIONER.] The commissioner may take any of the disciplinary 27.4 actions listed in subdivision 4 on proof that the individual has: 27.5 (1) intentionally submitted false or misleading information 27.6 to the commissioner or the advisory council; 27.7 (2) failed, within 30 days, to provide information in 27.8 response to a written request, via certified mail, by the 27.9 commissioner or advisory council; 27.10 (3) performed services of a speech-language pathologist or 27.11 audiologist in an incompetent or negligent manner; 27.12 (4) violated sections 148.511 to 148.5196; 27.13 (5) failed to perform services with reasonable judgment, 27.14 skill, or safety due to the use of alcohol or drugs, or other 27.15 physical or mental impairment; 27.16 (6) violated any state or federal law, rule, or regulation, 27.17 and the violation is a felony or misdemeanor, an essential 27.18 element of which is dishonesty, or which relates directly or 27.19 indirectly to the practice of speech-language pathology or 27.20 audiology. Conviction for violating any state or federal law 27.21 which relates to speech-language pathology or audiology is 27.22 necessarily considered to constitute a violation, except as 27.23 provided in chapter 364; 27.24 (7) aided or abetted another person in violating any 27.25 provision of sections 148.511 to 148.5196; 27.26 (8) been or is being disciplined by another jurisdiction, 27.27 if any of the grounds for the discipline is the same or 27.28 substantially equivalent to those under sections 148.511 to 27.29 148.5196; 27.30 (9) not cooperated with the commissioner or advisory 27.31 council in an investigation conducted according to subdivision 27.32 1; 27.33 (10) advertised in a manner that is false or misleading; 27.34 (11) engaged in conduct likely to deceive, defraud, or harm 27.35 the public; or demonstrated a willful or careless disregard for 27.36 the health, welfare, or safety of a client; 28.1 (12) failed to disclose to the consumer any fee splitting 28.2 or any promise to pay a portion of a fee to any other 28.3 professional other than a fee for services rendered by the other 28.4 professional to the client; 28.5 (13) engaged in abusive or fraudulent billing practices, 28.6 including violations of federal Medicare and Medicaid laws, Food 28.7 and Drug Administration regulations, or state medical assistance 28.8 laws; 28.9 (14) obtained money, property, or services from a consumer 28.10 through the use of undue influence, high pressure sales tactics, 28.11 harassment, duress, deception, or fraud; 28.12 (15) performed services for a client who had no possibility 28.13 of benefiting from the services; 28.14 (16) failed to refer a client for medical evaluation or to 28.15 other health care professionals when appropriate or when a 28.16 client indicated symptoms associated with diseases that could be 28.17 medically or surgically treated; 28.18 (17) if the individual is a dispenser of hearing 28.19 instruments as defined by section 153A.13, subdivision 5, had 28.20 the certification required by chapter 153A, denied, suspended, 28.21 or revoked according to chapter 153A; or 28.22 (18) used the term doctor of audiology, doctor of 28.23 speech-language pathology, AuD, or SLPD without having obtained 28.24 the degree from an institution accredited by the North Central 28.25 Association of Colleges and Secondary Schoolsor the American28.26Speech-Language-Hearing Association, the Council on Academic 28.27 Accreditation in Audiology and Speech-Language Pathology, the 28.28 United States Department of Education, or an equivalent. 28.29 Sec. 37. Minnesota Statutes 2002, section 148.5195, 28.30 subdivision 4, is amended to read: 28.31 Subd. 4. [DISCIPLINARY ACTIONS.] If the commissioner finds 28.32 that an individual should be disciplined according to 28.33 subdivision 3, the commissioner may take any one or more of the 28.34 following actions: 28.35 (1) refuse to grant or renewregistrationlicensure; 28.36 (2) suspendregistrationlicensure for a period not 29.1 exceeding one year; 29.2 (3) revokeregistrationlicensure; or 29.3 (4) take any reasonable lesser action against an individual 29.4 upon proof that the individual has violated sections 148.511 to 29.5 148.5196; or 29.6 (5) impose, for each violation, a civil penalty not 29.7 exceeding $7,500 that deprives the licensee of any economic 29.8 advantage gained by the violation and that reimburses the 29.9 department of health for costs of the investigation and 29.10 proceedings resulting in disciplinary action, including the 29.11 amount paid for services of the administrative hearings, the 29.12 amount paid for services of the office of the attorney general, 29.13 attorney fees, court reporters, witnesses, reproduction of 29.14 records, advisory council members' per diem compensation, 29.15 department staff time, and expenses incurred by advisory council 29.16 members and department staff. 29.17 Sec. 38. Minnesota Statutes 2002, section 148.5195, 29.18 subdivision 5, is amended to read: 29.19 Subd. 5. [CONSEQUENCES OF DISCIPLINARY ACTIONS.] Upon the 29.20 suspension or revocation ofregistrationlicensure, the 29.21 speech-language pathologist or audiologist shall cease to 29.22 practice speech-language pathology or audiology, to use titles 29.23 protected under sections 148.511 to 148.5196, andshall ceaseto 29.24 represent to the public that the speech-language pathologist or 29.25 audiologist isregisteredlicensed by the commissioner. 29.26 Sec. 39. Minnesota Statutes 2002, section 148.5195, 29.27 subdivision 6, is amended to read: 29.28 Subd. 6. [REINSTATEMENT REQUIREMENTS AFTER DISCIPLINARY 29.29 ACTION.] A speech-language pathologist or audiologist who has 29.30 hadregistrationlicensure suspended may petition on forms 29.31 provided by the commissioner for reinstatement following the 29.32 period of suspension specified by the commissioner. The 29.33 requirements of section 148.5191 for renewingregistration29.34 licensure must be met beforeregistrationlicensure may be 29.35 reinstated. 29.36 Sec. 40. Minnesota Statutes 2002, section 148.5196, is 30.1 amended to read: 30.2 148.5196 [SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST 30.3 ADVISORY COUNCIL.] 30.4 Subdivision 1. [MEMBERSHIP.] The commissioner shall 30.5 appointseveneight persons to a speech-language pathologist and 30.6 audiologist advisory council. Theseveneight persons must 30.7 include: 30.8 (1) two public members, as defined in section 214.02. The 30.9 public members shall be either persons receiving services of a 30.10 speech-language pathologist or audiologist, or family members of 30.11 or caregivers to such persons; 30.12 (2) two speech-language pathologistsregisteredlicensed 30.13 under sections 148.511 to 148.5196, one of whom is currently and 30.14 has been, for the five years immediately preceding the 30.15 appointment, engaged in the practice of speech-language 30.16 pathology in Minnesota and each of whom is employed in a 30.17 different employment setting including, but not limited to, 30.18 private practice, hospitals, rehabilitation settings, 30.19 educational settings, and government agencies; 30.20 (3) one speech-language pathologistregisteredlicensed 30.21 under sections 148.511 to 148.5196, who is currently and has 30.22 been, for the five years immediately preceding the appointment, 30.23 employed by a Minnesota public school district or a Minnesota 30.24 public school district consortium that is authorized by 30.25 Minnesota Statutes and who is licensed incommunication30.26disordersspeech-language pathology by the Minnesota board of 30.27 teaching;and30.28 (4) two audiologistsregisteredlicensed under sections 30.29 148.511 to 148.5196, one of whom is currently and has been, for 30.30 the five years immediately preceding the appointment, engaged in 30.31 the practice of audiology in Minnesota and each of whom is 30.32 employed in a different employment setting including, but not 30.33 limited to, private practice, hospitals, rehabilitation 30.34 settings, educational settings, industry, and government 30.35 agencies; and 30.36 (5) one physician licensed under chapter 147 and certified 31.1 by the American Board of Otolaryngology as a head and neck 31.2 specialist. 31.3 Subd. 2. [ORGANIZATION.] The advisory council shall be 31.4 organized and administered under section 15.059. 31.5 Subd. 3. [DUTIES.] The advisory council shall: 31.6 (1) advise the commissioner regarding speech-language 31.7 pathologist and audiologistregistrationlicensure standards; 31.8 (2) advise the commissioner on enforcement of sections 31.9 148.511 to 148.5196; 31.10 (3) provide for distribution of information regarding 31.11 speech-language pathologist and audiologistregistration31.12 licensure standards; 31.13 (4) review applications and make recommendations to the 31.14 commissioner on granting or denyingregistrationlicensure or 31.15registrationlicensure renewal; 31.16 (5) review reports of investigations relating to 31.17 individuals and make recommendations to the commissioner as to 31.18 whetherregistrationlicensure should be denied or disciplinary 31.19 action taken against the individual; 31.20 (6) advise the commissioner regarding approval of 31.21 continuing education activities provided by sponsors using the 31.22 criteria in section 148.5193, subdivision 2; and 31.23 (7) perform other duties authorized for advisory councils 31.24 under chapter 214, or as directed by the commissioner. 31.25 Sec. 41. Minnesota Statutes 2002, section 153A.14, 31.26 subdivision 2a, is amended to read: 31.27 Subd. 2a. [EXEMPTION FROM WRITTEN EXAMINATION 31.28 REQUIREMENT.] Persons completing the audiology registration 31.29 requirements of section 148.515 after January 1, 1996, are 31.30 exempt from the written examination requirements of subdivision 31.31 2h, paragraph (a), clause (1). Minnesotaregistration or31.32American Speech-Language-Hearing Association certification31.33 licensure, a current certification of clinical competence issued 31.34 by the American Speech-Language-Hearing Association, board 31.35 certification in audiology by the American Board of Audiology, 31.36 or an equivalent, as an audiologist is not required but may be 32.1 submitted as evidence qualifying for exemption from the written 32.2 examination if the requirements are completed after January 1, 32.3 1996. Persons qualifying for written examination exemption must 32.4 fulfill the other credentialing requirements under subdivisions 32.5 1 and 2 before a certificate may be issued by the commissioner. 32.6 Sec. 42. Minnesota Statutes 2002, section 153A.14, 32.7 subdivision 2i, is amended to read: 32.8 Subd. 2i. [CONTINUING EDUCATION REQUIREMENT.] On forms 32.9 provided by the commissioner, each certified dispenser must 32.10 submit with the application for renewal of certification 32.11 evidence of completion of ten course hours of continuing 32.12 education earned within the 12-month period of July 1 to June 30 32.13 immediately preceding renewal. Continuing education courses 32.14 must be directly related to hearing instrument dispensing and 32.15 approved by the International Hearing Society or qualify for 32.16 continuing education approved for Minnesotaregisteredlicensed 32.17 audiologists. Evidence of completion of the ten course hours of 32.18 continuing education must be submitted with renewal applications 32.19 by October 1 of each year. This requirement does not apply to 32.20 dispensers certified for less than one year. The first report 32.21 of evidence of completion of the continuing education credits 32.22 shall be due October 1, 1997. 32.23 Sec. 43. Minnesota Statutes 2002, section 153A.17, is 32.24 amended to read: 32.25 153A.17 [EXPENSES; FEES.] 32.26 The expenses for administering the certification 32.27 requirements including the complaint handling system for hearing 32.28 aid dispensers in sections 153A.14 and 153A.15 and the consumer 32.29 information center under section 153A.18 must be paid from 32.30 initial application and examination fees, renewal fees, 32.31 penalties, and fines. All fees are nonrefundable. The 32.32 certificate application fee is $165 for audiologistsregistered32.33 licensed under section 148.511 and $490 for all others, the 32.34 examination fee is $200 for the written portion and $200 for the 32.35 practical portion each time one or the other is taken, and the 32.36 trainee application fee is $100. Notwithstanding the policy set 33.1 forth in section 16A.1285, subdivision 2, a surcharge of $165 33.2 for audiologistsregisteredlicensed under section 148.511 and 33.3 $330 for all others shall be paid at the time of application or 33.4 renewal until June 30, 2003, to recover the commissioner's 33.5 accumulated direct expenditures for administering the 33.6 requirements of this chapter. The penalty fee for late 33.7 submission of a renewal application is $200. All fees, 33.8 penalties, and fines received must be deposited in the state 33.9 government special revenue fund. The commissioner may prorate 33.10 the certification fee for new applicants based on the number of 33.11 quarters remaining in the annual certification period. 33.12 Sec. 44. Minnesota Statutes 2002, section 153A.20, 33.13 subdivision 1, is amended to read: 33.14 Subdivision 1. [MEMBERSHIP.] The commissioner shall 33.15 appoint nine persons to a hearing instrument dispenser advisory 33.16 council. 33.17 (a) The nine persons must include: 33.18 (1) three public members, as defined in section 214.02. At 33.19 least one of the public members shall be a hearing instrument 33.20 user and one of the public members shall be either a hearing 33.21 instrument user or an advocate of one; and 33.22 (2) three hearing instrument dispensers certified under 33.23 sections 153A.14 to 153A.20, each of whom is currently, and has 33.24 been for the five years immediately preceding their appointment, 33.25 engaged in hearing instrument dispensing in Minnesota and who 33.26 represent the occupation of hearing instrument dispensing and 33.27 who are not audiologists; and 33.28 (3) three audiologists who are certified hearing instrument 33.29 dispensers or areregisteredlicensed as audiologists under 33.30 chapter 148. 33.31 (b) The factors the commissioner may consider when 33.32 appointing advisory council members include, but are not limited 33.33 to, professional affiliation, geographical location, and type of 33.34 practice. 33.35 (c) No two members of the advisory council shall be 33.36 employees of, or have binding contracts requiring sales 34.1 exclusively for, the same hearing instrument manufacturer or the 34.2 same employer. 34.3 Sec. 45. [REVISOR INSTRUCTION.] 34.4 The revisor shall renumber Minnesota Statutes, section 34.5 148.517, subdivision 4, as Minnesota Statutes, section 148.5175. 34.6 Sec. 46. [REPEALER.] 34.7 Minnesota Statutes 2002, sections 148.512, subdivision 11; 34.8 and 148.515, subdivisions 3 and 5, are repealed.