1st 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 areregistered, 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, 3.1 subdivision 12, is amended to read: 3.2 Subd. 12. [PRACTICE OF AUDIOLOGY.] The "practice of 3.3 audiology"meansincludes but is not limited to: 3.4(1) screening, identification, assessment, and3.5interpretation, diagnosis, rehabilitation, and prevention of3.6hearing disorders;3.7(2) conservation of the auditory system function;3.8development and implementation of hearing conservation programs;3.9(3) measurement, assessment, and interpretation of auditory3.10and vestibular function;3.11(4) selecting, fitting, and dispensing of assistive3.12listening devices, alerting and amplification devices, and3.13systems for personal and public use, including hearing aids and3.14devices, and providing training in their use;3.15(5) aural habilitation and rehabilitation and related3.16counseling for hearing impaired individuals and their families;3.17(6) screening of speech, language, voice, or fluency for3.18the purposes of audiologic evaluation or identification of3.19possible communication disorders; or3.20(7) teaching of, consultation or research about, or3.21supervision of the functions in clauses (1) to (6).3.22 (1) diagnosis, management, and treatment of auditory and 3.23 vestibular disorders; 3.24 (2) prevention of hearing loss and conservation of hearing 3.25 function by designing, implementing, and coordinating 3.26 occupational, school, and community hearing conservation and 3.27 identification programs; 3.28 (3) selecting, fitting, dispensing, selling, and verifying 3.29 assistive listening devices, alerting devices, amplification 3.30 devices, and systems for personal and public use, including 3.31 hearing aids and assistive listening devices, and providing 3.32 training in their care, use, and maintenance; 3.33 (4) aural habilitation and rehabilitation and related 3.34 counseling for hearing impaired individuals and their families; 3.35 (5) screening of speech, language, voice, or fluency for 3.36 the purposes of audiologic evaluation or identification of 4.1 possible communication disorders; 4.2 (6) assessment and provision of nonmedical management for 4.3 persons with tinnitus using techniques that include, but are not 4.4 limited to, biofeedback, tinnitus retraining therapy, masking 4.5 devices, hearing aids, education, and counseling; 4.6 (7) determination of cochlear implant candidacy based on 4.7 auditory and communication information, provision of presurgical 4.8 and postsurgical assessment, counseling, auditory training, 4.9 rehabilitation, implant programming, and maintenance of implant 4.10 hardware and software; 4.11 (8) administration and interpretation of electrophysiologic 4.12 measurements of neural function including, but not limited to, 4.13 sensory and motor evoked potentials, tests of nerve conduction 4.14 velocity, and electromyography for the purpose of differential 4.15 diagnosis, preoperative, intraoperative, and postoperative 4.16 evaluation of neural function, and neurophysiological monitoring 4.17 of the central nervous system, spinal cord, and cranial nerve 4.18 function; 4.19 (9) identification, evaluation, and management of students 4.20 from birth to age 21, with auditory dysfunction in conjunction 4.21 with school personnel, and participation in the development of 4.22 individual family service plans and individualized educational 4.23 plans; 4.24 (10) consultation to educators as members of 4.25 interdisciplinary teams about communication management, 4.26 educational implications of hearing loss, educational 4.27 programming, classroom acoustics, and large-area amplification 4.28 systems for children with hearing loss; 4.29 (11) otoscopic examination and external ear canal 4.30 management for removal of cerumen in order to evaluate hearing 4.31 or balance, make ear impressions, fit hearing protection or 4.32 prosthetic devices, and monitor the continuous use of hearing 4.33 aids; 4.34 (12) management and supervision of newborn hearing 4.35 screening programs; 4.36 (13) evaluation and management of children and adults with 5.1 auditory processing disorders; 5.2 (14) development and application of basic and applied 5.3 audiologic research to increase the knowledge base, to develop 5.4 new methods and programs, and to determine the efficacy of 5.5 assessment and treatment paradigms, and to disseminate research 5.6 findings to other professionals and to the public; 5.7 (15) administration and supervision of professional and 5.8 technical personnel who provide support functions to the 5.9 practice of audiology; and 5.10 (16) development of products and instrumentation related to 5.11 the measurement and management of auditory or balance function. 5.12 Sec. 8. Minnesota Statutes 2002, section 148.512, 5.13 subdivision 13, is amended to read: 5.14 Subd. 13. [PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.] The 5.15 "practice of speech-language pathology"meansincludes, but is 5.16 not limited to: 5.17(1) screening, identification, assessment and5.18interpretation, diagnosis, habilitation, rehabilitation,5.19treatment and prevention of disorders of speech, articulation,5.20fluency, voice, and language;5.21(2) screening, identification, assessment, and5.22interpretation, diagnosis, habilitation, and rehabilitation of5.23disorders of oral-pharyngeal function and related disorders;5.24(3) screening, identification, assessment, and5.25interpretation, diagnosis, habilitation, and rehabilitation of5.26communication disorders associated with cognition;5.27(4) assessing, selecting, and developing augmentative and5.28alternative communication systems and providing training in5.29their use;5.30(5) aural habilitation and rehabilitation and related5.31counseling for hearing impaired individuals and their families;5.32(6) enhancing speech-language proficiency and communication5.33effectiveness;5.34(7) audiometric screening for the purposes of5.35speech-language evaluation or for the identification of possible5.36hearing disorders; or6.1(8) teaching of, consultation or research about, or6.2supervision of the functions in clauses (1) to (7).6.3 (1) providing prevention, screening, consultation, 6.4 assessment and diagnosis, treatment, intervention, management, 6.5 counseling, and follow-up services for disorders of: (i) 6.6 speech, including articulation, fluency, resonance, and voice, 6.7 including aeromechanical components of respiration; (ii) 6.8 language, including phonology, morphology, syntax, semantics, 6.9 and pragmatic/social aspects of communication and including 6.10 comprehension and expression in oral, written, graphic, and 6.11 manual modalities; (iii) language processing; (iv) preliteracy 6.12 and language-based literacy skills, including phonological 6.13 awareness; (v) swallowing or other upper aerodigestive functions 6.14 such as infant feeding and aeromechanical events to evaluate 6.15 esophageal function for the purpose of referral to medical 6.16 professionals; (vi) cognitive aspects of communication, 6.17 including attention, memory, problem solving, and executive 6.18 functions; (vii) sensory awareness related to communication and 6.19 swallowing; or (viii) other upper aerodigestive functions; 6.20 (2) establishing augmentative and alternative communication 6.21 techniques and strategies including developing, selecting, and 6.22 prescribing systems and devices, such as speech generating 6.23 devices; 6.24 (3) providing services to individuals with hearing loss and 6.25 their families and caregivers, including auditory training; 6.26 speechreading; speech and language intervention secondary to 6.27 hearing loss; visual inspection and listening checks of 6.28 amplification devices for the purpose of troubleshooting; 6.29 including verification of appropriate battery voltage; 6.30 (4) screening hearing of individuals who can participate in 6.31 conventional pure-tone air conduction methods, as well as 6.32 screening for middle ear pathology through screening 6.33 tympanometry for the purpose of referral of individuals for 6.34 further evaluation and management; 6.35 (5) using instrumentation, including video-fluoroscopy, 6.36 EMG, nasendoscopy, stroboscopy, computer technology to observe, 7.1 collect data, and measure parameters of communication and 7.2 swallowing, or other upper aerodigestive functions in accordance 7.3 with the principles of evidence-based practice; 7.4 (6) selecting, fitting, and establishing effective use of 7.5 prosthetic or adaptive devices for communication, swallowing, or 7.6 other upper aerodigestive functions, including tracheoesophageal 7.7 prostheses, speaking valves, electrolarynges, but not including 7.8 sensory devices used by individuals with hearing loss or other 7.9 auditory perceptual deficits; 7.10 (7) collaborating in the assessment of central auditory 7.11 processing disorders and providing intervention where there is 7.12 evidence of speech, language, or other cognitive-communication 7.13 disorders; 7.14 (8) educating and counseling individuals, families, 7.15 coworkers, educators, and other persons in the community 7.16 regarding acceptance, adaptation, and decision making about 7.17 communication, swallowing, or other upper aerodigestive 7.18 concerns; 7.19 (9) advocating for individuals through community awareness, 7.20 education, and training programs to promote and facilitate 7.21 access to full participation in communication, including the 7.22 elimination of societal barriers; 7.23 (10) collaborating with and providing referrals and 7.24 information to audiologists, educators, and health professionals 7.25 as individual needs dictate; 7.26 (11) addressing behaviors, including perseverative or 7.27 disruptive actions and environments, seating, positioning for 7.28 swallowing safety or attention, communication opportunities that 7.29 affect communication, swallowing, or other upper aerodigestive 7.30 functions; and 7.31 (12) recognizing the need to provide and appropriately 7.32 accommodate diagnostic and treatment services to individuals 7.33 from diverse cultural backgrounds and adjust treatment and 7.34 assessment services accordingly. 7.35 Sec. 9. Minnesota Statutes 2002, section 148.512, 7.36 subdivision 14, is amended to read: 8.1 Subd. 14. [REGISTERLICENSE ORREGISTERED8.2 LICENSED.]"Register""License" or"registered""licensed" 8.3 means the act or status of anaturalperson who meets the 8.4 requirements of sections 148.511 to 148.5196and who is8.5authorized by the commissioner to use the titles in section8.6148.513. 8.7 Sec. 10. Minnesota Statutes 2002, section 148.512, 8.8 subdivision 15, is amended to read: 8.9 Subd. 15. [REGISTRANTLICENSEE.]"Registrant""Licensee" 8.10 meansa personan individual who meets the requirements of 8.11 sections 148.511 to 148.5196and is authorized by the8.12commissioner to use the titles in section 148.513. 8.13 Sec. 11. Minnesota Statutes 2002, section 148.512, 8.14 subdivision 16, is amended to read: 8.15 Subd. 16. [REGISTRATIONLICENSURE.] 8.16"Registration""Licensure" is the system of regulation defined 8.17 in section 214.001, subdivision 3, paragraph (c), and is the 8.18 process specified in sections 148.511 to 148.5196. 8.19 Sec. 12. Minnesota Statutes 2002, section 148.512, 8.20 subdivision 17, is amended to read: 8.21 Subd. 17. [SPEECH-LANGUAGE PATHOLOGIST.] "Speech-language 8.22 pathologist" means a person who practices speech-language 8.23 pathology, meets the qualifications under sections 148.511 to 8.24 148.5196, andregisters withis licensed by the commissioner. 8.25 Speech-language pathologist also means a natural person using, 8.26 as an occupational title, a term identified in section 148.513. 8.27 Sec. 13. Minnesota Statutes 2002, section 148.512, 8.28 subdivision 18, is amended to read: 8.29 Subd. 18. [SUPERVISEE.] "Supervisee" meansan individuala 8.30 person who, under the direction or evaluation of a supervisor, 8.31 is: 8.32 (1) engaging in the supervised practice of speech-language 8.33 pathology or audiology; 8.34 (2) performing a function of supervised clinical training 8.35 as a student of speech-language pathology or audiology; or 8.36 (3) performing a function of supervised postgraduate or 9.1 doctoral clinical experience in speech-language pathology or 9.2 audiology. 9.3 Sec. 14. Minnesota Statutes 2002, section 148.512, 9.4 subdivision 20, is amended to read: 9.5 Subd. 20. [SUPERVISOR.] "Supervisor" means a person who 9.6 has the authority to direct or evaluate a supervisee and whois: 9.7 (1) is aregisteredlicensed speech-language pathologist or 9.8 audiologist; or 9.9 (2) when the commissioner determines that supervision by a 9.10registeredlicensed speech-language pathologist or audiologist 9.11 as required in clause (1) is unobtainable, and in other 9.12 situations considered appropriate by the commissioner, is a 9.13 person practicing speech-language pathology or audiology who 9.14 holds a current certificate of clinical competence from the 9.15 American Speech-Language-Hearing Association or board 9.16 certification in audiology by the American Board of Audiology. 9.17 Sec. 15. Minnesota Statutes 2002, section 148.513, is 9.18 amended to read: 9.19 148.513 [LICENSURE; PROTECTED TITLES AND RESTRICTIONS ON 9.20 USE; EXEMPTIONS.] 9.21(a) A person shall not use a title relating to9.22speech-language pathology or audiology, except as provided in9.23paragraphs (b) and (c).9.24 Subdivision 1. [UNLICENSED PRACTICE PROHIBITED.] A person 9.25 must not engage in the practice of speech-language pathology or 9.26 audiology unless the person is licensed as a speech-language 9.27 pathologist or an audiologist under sections 148.511 to 9.28 148.5196. A person must not perform the duties of a 9.29 speech-language pathology assistant without first applying for 9.30 and receiving a license for that purpose from the Minnesota 9.31 department of health. 9.32(b)Subd. 2. [PROTECTED TITLES AND RESTRICTIONS ON USE.] 9.33 Use of the following terms or initials which represent the 9.34 following terms, alone or in combination with any word or words, 9.35 by any person to form an occupational title is prohibited unless 9.36 that person isregisteredlicensed under sections 148.511 to 10.1 148.5196: 10.2 (1) speech-language; 10.3 (2) speech-language pathologist, S, SP, or SLP; 10.4 (3) speech pathologist; 10.5 (4) language pathologist; 10.6 (5) audiologist, A, or AUD; 10.7 (6) speech therapist;or10.8 (7) speech clinician.; 10.9 (8) speech correctionist; 10.10 (9) language therapist; 10.11 (10) voice therapist; 10.12 (11) voice pathologist; 10.13 (12) logopedist; 10.14 (13) communicologist; 10.15 (14) aphasiologist; 10.16 (15) phoniatrist; 10.17 (16) audiometrist; 10.18 (17) audioprosthologist; 10.19 (18) hearing therapist; 10.20 (19) hearing clinician; 10.21 (20) hearing healthcare provider; or 10.22 (21) hearing aid audiologist. 10.23(c)(b) Use of the term "Minnesotaregisteredlicensed" in 10.24 conjunction with the titles protected under this section by any 10.25 person is prohibited unless that person isregisteredlicensed 10.26 under sections 148.511 to 148.5196. 10.27 Subd. 3. [EXEMPTION.] (a) Nothing in sections 148.511 to 10.28 148.5196 prohibits the practice of any profession or occupation 10.29 licensed, certified, or registered by the state by any person 10.30 duly licensed, certified, or registered to practice the 10.31 profession or occupation or to perform any act that falls within 10.32 the scope of practice of the profession or occupation. 10.33 (b) Subdivision 1 does not apply to a student participating 10.34 in supervised field work or supervised course work that is 10.35 necessary to meet the requirements of section 148.515, 10.36 subdivision 2 or 3, if the person is designated by a title which 11.1 clearly indicates the person's status as a student trainee. 11.2 (c) Subdivisions 1 and 2 do not apply to a person visiting 11.3 and then leaving the state and using titles restricted under 11.4 this section while in the state, if the titles are used no more 11.5 than 30 days in a calendar year as part of a professional 11.6 activity that is limited in scope and duration and is in 11.7 association with an audiologist or speech-language pathologist 11.8 licensed under sections 148.511 to 148.5196. 11.9 Sec. 16. Minnesota Statutes 2002, section 148.514, is 11.10 amended to read: 11.11 148.514 [GENERALREGISTRATIONLICENSURE REQUIREMENTS; 11.12 PROCEDURES AND QUALIFICATIONS.] 11.13 Subdivision 1. [GENERALREGISTRATIONLICENSURE 11.14 PROCEDURES.] An applicant forregistrationlicensure must: 11.15 (1) submit an application as required under section 11.16 148.519, subdivision 1; and 11.17 (2) submit all fees required under section 148.5194. 11.18 Subd. 2. [GENERALREGISTRATIONLICENSURE QUALIFICATIONS.] 11.19 An applicant forregistrationlicensure must possess the 11.20 qualifications required in one of the following clauses: 11.21 (1) a person who applies forregistrationlicensure and 11.22 does not meet the requirements in clause (2) or (3), must meet 11.23 the requirements in section 148.515; 11.24 (2) a person who applies forregistrationlicensure and who 11.25 has a current certificate of clinical competence issued by the 11.26 American Speech-Language-Hearing Association, or board 11.27 certification by the American Board of Audiology, must meet the 11.28 requirements of section 148.516; or 11.29 (3) a person who applies forregistrationlicensure by 11.30 reciprocity must meet the requirements under section 148.517. 11.31 Sec. 17. Minnesota Statutes 2002, section 148.515, 11.32 subdivision 2, is amended to read: 11.33 Subd. 2. [MASTER'S OR DOCTORAL DEGREE REQUIRED.] (a) An 11.34 applicant must possess a master's or doctoral degree that meets 11.35 the requirements ofparagraphsparagraph (b)to (h). If 11.36 completing a doctoral program in which a master's degree has not 12.1 been conferred, an applicant must submit a transcript showing 12.2 completion of course work equivalent to, or exceeding, a 12.3 master's degree that meets the requirement of paragraph (b). 12.4 (b) All of the applicant's graduate coursework and clinical 12.5 practicum required in the professional area for which 12.6registrationlicensure is sought must have been initiated and 12.7 completed at an institution whose program was accredited by the 12.8 educational standards board of theAmerican12.9Speech-Language-Hearing AssociationCouncil on Academic 12.10 Accreditation in Audiology and Speech-Language Pathology, a body 12.11 recognized by the United States Department of Education, or an 12.12 equivalent as determined by the commissioner, in the area for 12.13 whichregistrationlicensure is sought. 12.14(c) The master's degree training must include a minimum of12.15112.5 quarter credits or 75 semester credits or their equivalent12.16of academic coursework that includes basic science coursework12.17and professional coursework.12.18(d) Applicants for registration in either speech-language12.19pathology or audiology must complete 40.5 quarter credits of the12.20112.5 quarter credits or 27 of the 75 semester credits or their12.21equivalent in basic science coursework, distributed as follows:12.22(1) nine quarter credits or six semester credits or their12.23equivalent must be in biological or physical sciences and12.24mathematics;12.25(2) nine quarter credits or six semester credits or their12.26equivalent must be in behavioral or social sciences, including12.27normal aspects of human behavior and communication; and12.28(3) 22.5 quarter credits or 15 semester credits or their12.29equivalent must be in basic human communication processes and12.30must include coursework in each of the following three areas of12.31speech, language, and hearing:12.32(i) the anatomic and physiologic bases;12.33(ii) the physical and psychophysical bases; and12.34(iii) the linguistic and psycholinguistic aspects.12.35(e) All applicants for registration must complete 5412.36quarter credits of the 112.5 quarter credits or 36 semester13.1credits of the 75 semester credits or their equivalent in13.2professional coursework. The coursework must include the13.3nature, prevention, evaluation, and treatment of speech,13.4language, and hearing disorders. The coursework must encompass13.5courses in speech, language, and hearing that concern disorders13.6primarily affecting children as well as disorders primarily13.7affecting adults. A minimum of 45 of the 54 quarter credits or13.830 of the 36 semester credits or their equivalent must be13.9courses for which graduate credit was received. A minimum of13.1031.5 of the 45 quarter credits or 21 of the 30 semester credits13.11must be in the professional area for which registration is13.12sought.13.13(f) Applicants seeking registration as speech-language13.14pathologists must complete the following professional coursework:13.15(1) 45 quarter credits of the 54 quarter credits of the13.16professional coursework or 30 semester credits of the 3613.17semester credits of the professional coursework or their13.18equivalent must be in courses pertaining to speech-language13.19pathology and nine quarter credits of the 54 quarter credits or13.20six semester credits of the 36 semester credits or their13.21equivalent in courses in the area of audiology; and13.22(2) the 45 quarter credits or 30 semester credits or their13.23equivalent pertaining to speech-language pathology must include13.24at least nine quarter credits or six semester credits or their13.25equivalent in speech disorders and nine quarter credits or six13.26semester credits or their equivalent in language disorders. The13.27nine quarter credits or six semester credits or their equivalent13.28in the area of audiology must include at least 4.5 quarter13.29credits or three semester credits or their equivalent in hearing13.30disorders and hearing evaluation and 4.5 quarter credits or13.31three semester credits or their equivalent in habilitative and13.32rehabilitative procedures.13.33(g) Applicants seeking registration as an audiologist must13.34complete professional coursework as follows:13.35(1) 45 quarter credits of the 54 quarter credits or 3013.36semester credits of the 36 semester credits or their equivalent14.1of coursework must be in audiology. At least nine quarter14.2credits of the 45 quarter credits or six semester credits of the14.330 semester credits in audiology must be in hearing disorders14.4and hearing evaluation and at least nine quarter credits or six14.5semester credits or their equivalent must be in habilitative or14.6rehabilitative procedures with individuals who have hearing14.7impairment; and14.8(2) nine quarter credits of the 54 quarter credits or six14.9semester credits of the 36 semester credits or their equivalent14.10in the area of speech-language pathology. At least 4.5 quarter14.11credits of the nine quarter credits or three semester credits of14.12the six semester credits must be in speech disorders and at14.13least 4.5 quarter credits of the nine quarter credits or three14.14semester credits of the six semester credits must be in language14.15disorders. This coursework in speech-language pathology must14.16concern the nature, prevention, evaluation, and treatment of14.17speech and language disorders not associated with hearing14.18impairment.14.19(h) Of the professional coursework required in paragraphs14.20(f) and (g), no more than nine quarter credits or six semester14.21credits or their equivalent associated with clinical training14.22may be counted toward the minimum of 54 quarter credits or 3614.23semester credits or their equivalent of professional coursework.14.24However, those hours may not be used to satisfy the minimum of14.25nine quarter credits or six semester credit hours in hearing14.26disorders or evaluation, nine quarter credits or six semester14.27credits in habilitative or rehabilitative procedures, or nine14.28quarter credits or six semester credits in speech-language14.29pathology.14.30 Sec. 18. Minnesota Statutes 2002, section 148.515, 14.31 subdivision 4, is amended to read: 14.32 Subd. 4. [SUPERVISEDPOSTGRADUATEGRADUATE OR DOCTORAL 14.33 CLINICAL EXPERIENCE REQUIRED.](a)An applicant must completeno14.34less than nine months or its equivalent of full-time supervised14.35postgraduate clinical experience according to paragraphs (b) to14.36(h)the graduate or doctoral clinical experience required by the 15.1 American Speech-Language-Hearing Association, the American Board 15.2 of Audiology, or an equivalent, as determined by the 15.3 commissioner, and must achieve a qualifying examination score on 15.4 the National Examination in Speech-Language Pathology or 15.5 Audiology. 15.6(b) Supervision in the postgraduate clinical experience15.7includes both on-site observation and other monitoring15.8activities. On-site observation must involve the supervisor,15.9the supervisee, and the client receiving speech-language15.10pathology or audiology services. On-site observation must15.11include direct observation by the supervisor of treatment given15.12by the supervisee. Other monitoring activities may be executed15.13by correspondence and include, but are not limited to,15.14conferences with the supervisee, evaluation of written reports,15.15and evaluations by professional colleagues. Other monitoring15.16activities do not include the client receiving speech-language15.17pathology or audiology services but must involve direct or15.18indirect evaluative contact by the supervisor of the supervisee.15.19(c) The applicant must, as part of the postgraduate15.20clinical experience, be supervised by an individual who meets15.21the definition of section 148.512, subdivision 20, and:15.22(1) when registration as a speech-language pathologist is15.23sought, is a registered speech-language pathologist or hold a15.24current certificate of clinical competence in speech-language15.25pathology from the American Speech-Language-Hearing Association;15.26and15.27(2) when registration as an audiologist is sought, is a15.28registered audiologist or hold a current certificate of clinical15.29competence in audiology from the American15.30Speech-Language-Hearing Association.15.31(d) The applicant may not begin the postgraduate clinical15.32experience until the applicant has completed the academic15.33coursework and clinical training in subdivisions 2 and 3.15.34(e) To be considered full time, at least 30 hours per week15.35must be spent over a nine-month period in clinical work.15.36Equivalent time periods may include part-time professional16.1employment as follows:16.2(1) 12 months of at least 25 hours per week;16.3(2) 15 months of at least 20 hours per week; or16.4(3) 18 months of at least 15 hours per week.16.5(f) The applicant's postgraduate clinical experience must16.6include direct clinical experience with patients, consultations,16.7report writing, record keeping, or other duties relevant to16.8clinical work. A minimum of 80 percent of the clinical16.9experience must be in direct contact with persons who have16.10communication handicaps. If the applicant uses part-time16.11employment to fulfill the postgraduate clinical experience16.12requirement, all of the minimum required hours of the part-time16.13work week requirement must be spent in direct professional16.14experience.16.15(g) The applicant must complete the postgraduate clinical16.16experience within a maximum of 36 consecutive months and must be16.17supervised in no less than 36 activities, including 18 one-hour16.18on-site observations. A maximum of six hours can be accrued in16.19one day. A minimum of six one-hour on-site observations must be16.20accrued during each one-third of the experience.16.21(h) The applicant must complete 18 other monitored16.22activities and complete at least one monitored activity each16.23month of the postgraduate clinical experience. Alternatives to16.24on-site observation and monitoring activities include activities16.25supervised by correspondence, evaluation of written reports, and16.26evaluations by professional colleagues.16.27 Sec. 19. Minnesota Statutes 2002, section 148.516, is 16.28 amended to read: 16.29 148.516 [REGISTRATIONLICENSURE BY EQUIVALENCY.] 16.30 An applicant who applies forregistrationlicensure by 16.31 equivalency must show evidence of possessing a current 16.32 certificate of clinical competence issued by the American 16.33 Speech-Language-Hearing Association or board certification by 16.34 the American Board of Audiology and must meet the requirements 16.35 of section 148.514. 16.36 Sec. 20. Minnesota Statutes 2002, section 148.5161, is 17.1 amended to read: 17.2 148.5161 [TEMPORARY REGISTRATIONCLINICAL FELLOWSHIP 17.3 LICENSURE OR DOCTORAL EXTERNSHIP LICENSURE.] 17.4 Subdivision 1. [APPLICATION.] The commissioner shall issue 17.5temporary registrationclinical fellowship licensure or doctoral 17.6 externship licensure as a speech-language pathologist or 17.7 audiologist to an applicant who has applied forregistration17.8 licensure under section 148.515, who is not the subject of a 17.9 disciplinary action or past disciplinary action, and who has not 17.10 violated a provision of section 148.5195, subdivision 3. 17.11 Subd. 2. [PROCEDURES.] To be eligible fortemporary17.12registrationclinical fellowship licensure or doctoral 17.13 externship licensure, an applicant must submit an application 17.14 form provided by the commissioner, the fees required by section 17.15 148.5194, and evidence of successful completion of the 17.16 requirements in section 148.515,subdivisionssubdivision 2and17.173. 17.18 Subd. 3. [SUPERVISION REQUIRED.] (a) Atemporary17.19registrantclinical fellowship licensee or doctoral externship 17.20 licensee must practice under the supervision of an individual 17.21 who meets the requirements of section 148.512, subdivision 20. 17.22 Supervision must conform to the requirements in paragraphs (b) 17.23 to(g)(e). 17.24 (b) Supervision must include both on-site observation and 17.25 other monitoring activities. On-site observation must involve 17.26 the supervisor, thesuperviseeclinical fellowship licensee or 17.27 doctoral externship licensee, and the client receiving 17.28 speech-language pathology or audiology services and must include 17.29 direct observation by the supervisor of treatment given by the 17.30superviseeclinical fellowship licensee or doctoral externship 17.31 licensee. Other monitoring activities must involve direct or 17.32 indirect evaluative contact by the supervisor of thesupervisee17.33 clinical fellowship licensee or doctoral externship licensee, 17.34 may be executed by correspondence, and may include, but are not 17.35 limited to, conferences with thesuperviseeclinical fellowship 17.36 licensee or doctoral externship licensee, evaluation of written 18.1 reports, and evaluations by professional colleagues. Other 18.2 monitoring activities do not include the client receiving 18.3 speech-language pathology or audiology services. 18.4 (c) Thetemporary registrantclinical fellowship licensee 18.5 or doctoral externship licensee must be supervised by an 18.6 individual who meets the definition of section 148.512, 18.7 subdivision 20, and: 18.8 (1) when thetemporary registrantclinical fellowship 18.9 licensee or doctoral externship licensee is a speech-language 18.10 pathologist, is aregisteredlicensed speech-language 18.11 pathologist, or holds a current certificate of clinical 18.12 competence in speech-language pathology from the American 18.13 Speech-Language-Hearing Association;andor 18.14 (2) when thetemporary registrantclinical fellowship 18.15 licensee or doctoral externship licensee is an audiologist, is a 18.16registeredlicensed audiologist, or holds a current certificate 18.17 of clinical competence in audiology from the American 18.18 Speech-Language-Hearing Association or board certification in 18.19 audiology by the American Board of Audiology. 18.20 (d)Temporary registrationclinical fellowship licensure or 18.21 doctoral externship licensure shall not be granted until the 18.22 applicant has completed the academic coursework and clinical 18.23 training in section 148.515,subdivisionssubdivision 2and 3. 18.24 (e)The temporary registrant must be supervised in no less18.25than 36 activities, including 18 one-hour on-site observations.18.26A maximum of six hours may be accrued in one day. A minimum of18.27six one-hour on-site observations must be accrued during each18.28one-third of the experience.18.29(f) The temporary registrant must complete 18 other18.30monitored activities and complete at least one monitored18.31activity each month.18.32(g)Thetemporary registrantclinical fellowship licensee 18.33 or doctoral externship licensee must provide verification of 18.34 supervision on the application form provided by the commissioner. 18.35 Subd. 4. [DOCTORAL EXTERNSHIP LICENSURE.] Doctoral 18.36 candidates in audiology completing their final externship as 19.1 part of their training program are eligible to receive a 19.2 provisional license in audiology and are not required to 19.3 complete the postgraduate clinical fellowship year. 19.4 Subd. 5. [EXPIRATION OFTEMPORARY REGISTRATIONCLINICAL 19.5 FELLOWSHIP OR DOCTORAL EXTERNSHIP LICENSURE.] Atemporary19.6registrationclinical fellowship license or doctoral externship 19.7 license issued to a person pursuant to subdivision 2 expires 18 19.8 months after issuance or on the date the commissioner grants or 19.9 deniesregistrationlicensure, whichever occurs first. Upon 19.10 application, atemporary registrationclinical fellowship 19.11 license or doctoral externship license shall be renewed once to 19.12 persons who have not met the supervised postgraduate clinical 19.13 experience requirement under section 148.515, subdivision 4, 19.14 within the initialtemporary registrationclinical fellowship 19.15 license or doctoral externship license period and meet the 19.16 requirements of subdivision 1. 19.17 Subd.56. [TITLE USED.] Atemporary registrantlicensee 19.18 with a clinical fellowship or doctoral externship shall be 19.19 identified by one of the protected titles and a designation 19.20 indicating clinical fellowship status. 19.21 Sec. 21. Minnesota Statutes 2002, section 148.517, is 19.22 amended to read: 19.23 148.517 [REGISTRATIONLICENSURE BY RECIPROCITY.] 19.24 Subdivision 1. [APPLICABILITY.] An applicant who applies 19.25 forregistrationlicensure as a speech-language pathologist or 19.26 audiologist by reciprocity must meet the requirements of 19.27 subdivisions 2 and 3. 19.28 Subd. 2. [CURRENT CREDENTIALS REQUIRED.] An applicant 19.29 applying forregistrationlicensure by reciprocity must provide 19.30 evidence to the commissioner that the applicant holds a current 19.31 and unrestricted credential for the practice of speech-language 19.32 pathology or audiology in another jurisdiction that has 19.33 requirements equivalent to or higher than those in effect for 19.34 determining whether an applicant in this state is qualified to 19.35 beregisteredlicensed as a speech-language pathologist or 19.36 audiologist. An applicant who provides sufficient evidence need 20.1 not meet the requirements of section 148.515, provided that the 20.2 applicant otherwise meets all other requirements of section 20.3 148.514. 20.4 Subd. 3. [VERIFICATION OF CREDENTIALS REQUIRED.] An 20.5 applicant forregistrationlicensure by reciprocity under 20.6 subdivision 2, must have maintained the appropriategovernment20.7bodyand unrestricted credentials in each jurisdictionin which20.8the applicant holds a credential submit lettersduring the last 20.9 five years as demonstrated by submitting letters of verification 20.10 to the commissioner. Each letter must state the applicant's 20.11 name, date of birth, credential number, date of issuance, a 20.12 statement regarding disciplinary actions, if any, taken against 20.13 the applicant, and the terms under which the credential was 20.14 issued. 20.15 Subd. 4. [TEMPORARYREGISTRATIONLICENSURE.] (a) The 20.16 commissioner shall issue temporaryregistrationlicensure as a 20.17 speech-language pathologist, an audiologist, or both, to an 20.18 applicant who has applied forregistrationlicensure underthis20.19sectionsections 148.515, 148.516, 148.517, or 148.518, 20.20 subdivisions 1 and 2 and who: 20.21 (1) submits a signed and dated affidavit stating that the 20.22 applicant is not the subject of a disciplinary action or past 20.23 disciplinary action in this or another jurisdiction and is not 20.24 disqualified on the basis of section 148.5195, subdivision 3; 20.25 and 20.26 (2) either: 20.27 (i) provides a copy of a current credential as a 20.28 speech-language pathologist, an audiologist, or both, held in 20.29 the District of Columbia or a state or territory of the United 20.30 States; or 20.31 (ii) provides a copy of a current certificate of clinical 20.32 competence issued by the American Speech-Language-Hearing 20.33 Association orits equivalentboard certification in audiology 20.34 by the American Board of Audiology. 20.35 (b) A temporaryregistrationlicense issued to a person 20.36 under this subdivision expires 90 days after it is issued or on 21.1 the date the commissioner grants or deniesregistration21.2 licensure, whichever occurs first. 21.3 (c) Upon application, a temporaryregistrationlicense 21.4 shall be renewed once to a person who is able to demonstrate 21.5 good cause for failure to meet the requirements forregistration21.6 licensure within the initial temporaryregistrationlicensure 21.7 period and who is not the subject of a disciplinary action or 21.8 disqualified on the basis of section 148.5195, subdivision 3. 21.9 Sec. 22. Minnesota Statutes 2002, section 148.518, is 21.10 amended to read: 21.11 148.518 [REGISTRATIONLICENSURE FOLLOWING LAPSE OF 21.12REGISTEREDLICENSURE STATUS.] 21.13Subdivision 1. [LAPSE OF THREE YEARS OR LESS.]For an 21.14 applicant whoseregisteredlicensure status has lapsedfor three21.15years or less, the applicant must: 21.16 (1) apply forregistrationlicense renewal according to 21.17 section 148.5191 and document compliance with the continuing 21.18 education requirements of section 148.5193 since the applicant's 21.19registrationlicense lapsed;or21.20 (2) fulfill the requirements of section 148.517.; 21.21Subd. 2. [LAPSE OF MORE THAN THREE YEARS.] For an21.22applicant whose registered status has lapsed for more than three21.23years, the applicant must:21.24(1) apply for registration renewal according to section21.25148.5191 and obtain a qualifying score on the examination21.26described in section 148.515, subdivision 5, within one year of21.27the application date for registration renewal;21.28(2) apply for renewal according to section 148.5191,21.29provide evidence to the commissioner that the applicant holds a21.30current and unrestricted credential for the practice of21.31speech-language pathology from the Minnesota board of teaching21.32or for the practice of speech-language pathology or audiology in21.33another jurisdiction and provide evidence that the applicant's21.34credential from the Minnesota board of teaching or another21.35jurisdiction has been held in good standing during the period of21.36lapse;22.1 (3) apply for renewal according to section 148.5191 and 22.2 submit documentation of having completed a combination of 22.3 speech-language pathology or audiology courses or a 22.4 speech-language pathology or audiology refresher 22.5 program directly related continuation education hours that 22.6 contains both a theoretical and clinical component preapproved 22.7 or approved by the commissioner. Only courses completed within 22.8 one year preceding the date of the application or one year after 22.9 the date of the application will qualify for approval; or 22.10 (4) apply for renewal according to section 148.5191 and 22.11 submit proof of successful completion and verified documentation 22.12 of 160 hours of supervised practice approved by the 22.13 commissioner. To participate in a supervised practice, the 22.14 applicant shall first apply and obtain temporary registration 22.15 according to section 148.5161. 22.16 Sec. 23. Minnesota Statutes 2002, section 148.519, is 22.17 amended to read: 22.18 148.519 [REGISTRATIONLICENSURE PROCEDURES.] 22.19 Subdivision 1. [APPLICATIONS FORREGISTRATIONLICENSURE.] 22.20 (a) An applicant forregistrationlicensure must: 22.21 (1) submit a completed application forregistration22.22 licensure on forms provided by the commissioner. The 22.23 application must include the applicant's name, certification 22.24 number under chapter 153A, if applicable, business address and 22.25 telephone number, or home address and telephone number if the 22.26 applicant practices speech-language pathology or audiology out 22.27 of the home, and a description of the applicant's education, 22.28 training, and experience, including previous work history for 22.29 the five years immediately preceding the date of application. 22.30 The commissioner may ask the applicant to provide additional 22.31 information necessary to clarify information submitted in the 22.32 application; and 22.33 (2) applicants must submit documentation of the certificate 22.34 of clinical competence issued by the American 22.35 Speech-Language-Hearing Association, board certification by the 22.36 American Board of Audiology, or satisfy the following 23.1 requirements: 23.2(2)(i) submit a transcript showing the completion of a 23.3 master's or doctoral degree or its equivalent meeting the 23.4 requirements of section 148.515, subdivision 2; 23.5(3)(ii) submit documentation of the required hours of 23.6 supervised clinical trainingmeeting the requirements of section23.7148.515, subdivision 3; 23.8(4)(iii) submit documentation of the postgraduate clinical 23.9 or doctoral clinical experience meeting the requirements of 23.10 section 148.515, subdivision 4; and 23.11(5)(iv) submit documentation of receiving a qualifying 23.12 score on an examination meeting the requirements of section 23.13 148.515, subdivision 5;. 23.14 (b) In addition, an applicant must: 23.15(6)(1) sign a statement that the information in the 23.16 application is true and correct to the best of the applicant's 23.17 knowledge and belief; 23.18(7)(2) submit with the application all fees required by 23.19 section 148.5194; and 23.20(8)(3) sign a waiver authorizing the commissioner to 23.21 obtain access to the applicant's records in this or any other 23.22 state in which the applicant has engaged in the practice of 23.23 speech-language pathology or audiology. 23.24 Subd. 2. [ACTION ON APPLICATIONS FORREGISTRATION23.25 LICENSURE.] (a) The commissioner shall act on an application for 23.26registrationlicensure according to paragraphs (b) to (d). 23.27 (b) The commissioner shall determine if the applicant meets 23.28 the requirements forregistrationlicensure. The commissioner 23.29 or advisory council may investigate information provided by an 23.30 applicant to determine whether the information is accurate and 23.31 complete. 23.32 (c) The commissioner shall notify an applicant, via 23.33 certified mail, of action taken on the application and of the 23.34 grounds for denyingregistrationlicensure ifregistration23.35 licensure is denied. 23.36 (d) An applicant deniedregistrationlicensure may make a 24.1 written request to the commissioner, within 30 days of the date 24.2 of notification to the applicant,to appear before the advisory24.3council and for the advisory council to review the24.4commissioner's decision to deny the applicant's registration.24.5After reviewing the denial, the advisory council shall make a24.6recommendation to the commissioner as to whether the denial24.7should be affirmed. An applicant is allowed no more than one24.8request for a review of denial of registration in any one24.9registration renewal periodfor reconsideration of the denial. 24.10 Individuals requesting reconsideration may submit information 24.11 that the applicant wants considered in the reconsideration. 24.12 After reconsideration of the commissioner's determination to 24.13 deny licensure, the commissioner shall determine whether the 24.14 original determination should be affirmed or modified. An 24.15 applicant may make only one request in any one biennial license 24.16 period for reconsideration of the commissioner's determination 24.17 to deny licensure. 24.18 Subd. 3. [CHANGE OF ADDRESS.] A licensee who changes 24.19 addresses must inform the commissioner, in writing, of the 24.20 change of address within 30 days. All notices or other 24.21 correspondence mailed to or served on a licensee by the 24.22 commissioner at the licensee's address on file with the 24.23 commissioner shall be considered as having been received by the 24.24 licensee. 24.25 Sec. 24. Minnesota Statutes 2002, section 148.5191, is 24.26 amended to read: 24.27 148.5191 [REGISTRATIONLICENSURE RENEWAL.] 24.28 Subdivision 1. [RENEWAL REQUIREMENTS.] To renew 24.29registrationlicensure, an applicant must: 24.30 (1) biennially complete a renewal application on a form 24.31 provided by the commissioner and submit the biennial renewal 24.32 fee; 24.33 (2) meet the continuing education requirements of section 24.34 148.5193 and submit evidence of attending continuing education 24.35 courses, as required in section 148.5193, subdivision 6; and 24.36 (3) submit additional information if requested by the 25.1 commissioner to clarify information presented in the renewal 25.2 application. The information must be submitted within 30 days 25.3 after the commissioner's request. 25.4 Subd. 2. [LATE FEE.] An application submitted after the 25.5 renewal deadline date must be accompanied by a late fee as 25.6 provided in section 148.5194, subdivision 4. 25.7 Subd. 3. [REGISTRATIONLICENSURE RENEWAL NOTICE.] 25.8RegistrationLicensure renewal is on a biennial basis. At least 25.9 60 days before theregistrationlicensure expiration date, the 25.10 commissioner shall send out a renewal notice to theregistrant's25.11 licensee's last known address. The notice shall include a 25.12 renewal application and notice of fees required for renewal. If 25.13 theregistrantlicensee does not receive the renewal notice, the 25.14registrantlicensee is still required to meet the deadline for 25.15 renewal to qualify for continuousregisteredlicensure status. 25.16 Subd. 4. [RENEWAL DEADLINE.] Eachregistration certificate25.17 license, including a temporaryregistration certificatelicense 25.18 provided under section 148.5161, must state an expiration date. 25.19 An application forregistrationlicensure renewal must be 25.20 received by the department of health or postmarked at least 30 25.21 days before the expiration date. If the postmark is illegible, 25.22 the application shall be considered timely if received at least 25.23 21 days before the expiration date. 25.24 When the commissioner establishes the renewal schedule for 25.25 an applicant,registrantlicensee, or temporaryregistrant25.26 licensee, if the period before the expiration date is less than 25.27 two years, the fee shall be prorated. 25.28 Sec. 25. Minnesota Statutes 2002, section 148.5193, 25.29 subdivision 1, is amended to read: 25.30 Subdivision 1. [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 25.31 applicant forregistrationlicensure renewal must meet the 25.32 requirements for continuing educationaccording tostipulated by 25.33 the American Speech-Language-Hearing Association or the American 25.34 Board of Audiology, or satisfy the requirements described in 25.35 paragraphs (b) to (e). 25.36 (b) An applicant forregistrationlicensure renewal as 26.1 either a speech-language pathologist or an audiologist must 26.2 provide evidence to the commissioner of a minimum of 30 contact 26.3 hours of continuing education offered by a continuing education 26.4 sponsor within the two years immediately precedingregistration26.5 licensure renewal. A minimum of 20 contact hours of continuing 26.6 education must be directly related to theregistrant's26.7 licensee's area ofregistrationlicensure. Ten contact hours of 26.8 continuing education may be in areas generally related to the 26.9registrant'slicensee's area ofregistrationlicensure. 26.10 (c) An applicant forregistrationlicensure renewal as both 26.11 a speech-language pathologist and an audiologist must attest to 26.12 and document completion of a minimum of 36 contact hours of 26.13 continuing education offered by a continuing education sponsor 26.14 within the two years immediately precedingregistration26.15 licensure renewal. A minimum of 15 contact hours must be 26.16 received in the area of speech-language pathology and a minimum 26.17 of 15 contact hours must be received in the area of audiology. 26.18 Six contact hours of continuing education may be in areas 26.19 generally related to theregistrant'slicensee's areas of 26.20registrationlicensure. 26.21 (d) If theregistrantlicensee is licensed by the board of 26.22 teaching: 26.23 (1) activities that are approved in the categories of 26.24 Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 26.25 that relate to speech-language pathology, shall be considered: 26.26 (i) offered by a sponsor of continuing education; and 26.27 (ii) directly related to speech-language pathology; 26.28 (2) activities that are approved in the categories of 26.29 Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 26.30 (i) offered by a sponsor of continuing education; and 26.31 (ii) generally related to speech-language pathology; and 26.32 (3) one clock hour as defined in Minnesota Rules, part 26.33 8700.1000, subpart 1, is equivalent to1.21.0 contact hours of 26.34 continuing education. 26.35 (e) Contact hours cannot be accumulated in advance and 26.36 transferred to a future continuing education period. 27.1 Sec. 26. Minnesota Statutes 2002, section 148.5193, 27.2 subdivision 4, is amended to read: 27.3 Subd. 4. [EARNING CONTINUING EDUCATION CONTACT HOURS 27.4 THROUGH CONTACT HOUR EQUIVALENTS.] (a) Aregistrantlicensee who 27.5 teaches continuing education courses or presents or publishes 27.6 for educational purposes may obtain contact hour equivalents 27.7 according to paragraphs (b) to (d). 27.8 (b) The sponsor of the course must meet the requirements of 27.9 subdivision 2. 27.10 (c) Aregistrantlicensee may not obtain more than six 27.11 contact hours in any two-year continuing education period by 27.12 teaching continuing education courses. 27.13 (d) Aregistrantlicensee may obtain two contact hours for 27.14 each hour spent teaching a course. Contact hours may be claimed 27.15 only once for teaching the same course in any two-year 27.16 continuing education period. 27.17 Sec. 27. Minnesota Statutes 2002, section 148.5193, 27.18 subdivision 6, is amended to read: 27.19 Subd. 6. [RECORDS OF ATTENDANCE.] (a) Aregistrant27.20 licensee must maintain for four years records of attending the 27.21 continuing education contact hours required forregistration27.22 licensure renewal. 27.23 (b) An applicant forregistrationlicensure renewal must 27.24 submit documentation demonstrating compliance with continuing 27.25 education requirements of the American Speech-Language-Hearing 27.26 Association on the American Board of Audiology or an equivalent, 27.27 or the following information on a form provided by the 27.28 commissioner: the sponsoring organization, the dates of the 27.29 course, the course name, the number of contact hours completed, 27.30 and the name and signature of theregistrantlicensee. The form 27.31 must be submitted with the renewal application under section 27.32 148.5191, subdivision 1. 27.33 Sec. 28. Minnesota Statutes 2002, section 148.5193, 27.34 subdivision 6a, is amended to read: 27.35 Subd. 6a. [VERIFICATION OF ATTENDANCE.] An applicant 27.36 forregistrationlicensure renewal must submit verification of 28.1 attendance as follows: 28.2 (1) a certificate of attendance from the sponsor with the 28.3 continuing education course name, course date, andregistrant's28.4 licensee's name. If a certificate is not available, the 28.5 commissioner may accept other evidence of attendance such as a 28.6 confirmation or statement of registration for regional or 28.7 national annual conferences or conventions of professional 28.8 associations, a copy of the continuing education courses 28.9 indicating those attended, and an affidavit of attendance; 28.10 (2) a copy of a record of attendance from the sponsor of 28.11 the continuing education course; 28.12 (3) a signature of the presenter or a designee at the 28.13 continuing education activity on the continuing education report 28.14 form; 28.15 (4) a summary or outline of the educational content of an 28.16 audio or video educational activity if a designee is not 28.17 available to sign the continuing education report form; 28.18 (5) for self-study programs, a certificate of completion or 28.19 other documentation indicating that the individual has 28.20 demonstrated knowledge and has successfully completed the 28.21 program;andor 28.22 (6) for attendance at a university, college, or vocational 28.23 course, an official transcript. 28.24 Sec. 29. Minnesota Statutes 2002, section 148.5193, 28.25 subdivision 7, is amended to read: 28.26 Subd. 7. [VERIFICATION OF CONTINUING EDUCATION REPORTS.] 28.27 The commissioner may request aregistrantlicensee or continuing 28.28 education sponsor to verify the continuing education to which 28.29 theregistrantlicensee attested. Documentation may come 28.30 directly from theregistrantlicensee, the continuing education 28.31 sponsor, or from a national accrediting or certifying 28.32 organization which maintains the records. 28.33 Sec. 30. Minnesota Statutes 2002, section 148.5193, 28.34 subdivision 8, is amended to read: 28.35 Subd. 8. [WAIVER OF CONTINUING EDUCATION REQUIREMENTS.] 28.36 The commissioner may grant a waiver of the requirements of this 29.1 section in cases where the requirements would impose an undue 29.2 burden on theregistrantlicensee. Aregistrantlicensee must 29.3 request in writing a waiver of the requirements of this 29.4 section. The request for a waiver must cite this section, the 29.5 reasons for requesting the waiver, the period of time 29.6 theregistrantlicensee wishes to have the continuing education 29.7 requirement waived, and the alternative measures that will be 29.8 taken if a waiver is granted. The commissioner shall set forth, 29.9 in writing, the reasons for granting or denying the waiver. 29.10 Waivers granted by the commissioner shall specify in writing the 29.11 time limitation and required alternative measures to be taken by 29.12 theregistrantlicensee. 29.13 Sec. 31. Minnesota Statutes 2002, section 148.5194, 29.14 subdivision 1, is amended to read: 29.15 Subdivision 1. [FEE PRORATION.] The commissioner shall 29.16 prorate theregistrationlicensure fee for clinical fellowship, 29.17 doctoral externship, temporary, and first timeregistrants29.18 licensees according to the number of months that have elapsed 29.19 between the dateregistrationthe license is issued and the date 29.20registrationthe license must be renewed under section 148.5191, 29.21 subdivision 4. 29.22 Sec. 32. Minnesota Statutes 2002, section 148.5194, 29.23 subdivision 2, is amended to read: 29.24 Subd. 2. [BIENNIALREGISTRATIONLICENSURE FEE.] The fee 29.25 for initialregistrationlicensure and biennialregistration29.26 licensure, temporaryregistrationlicensure, or renewal is $200. 29.27 Sec. 33. Minnesota Statutes 2002, section 148.5194, 29.28 subdivision 3, is amended to read: 29.29 Subd. 3. [BIENNIALREGISTRATIONLICENSURE FEE FOR DUAL 29.30REGISTRATIONLICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST AND 29.31 AUDIOLOGIST.] The fee for initialregistrationlicensure and 29.32 biennialregistrationlicensure, clinical fellowship, doctoral 29.33 externship, temporaryregistrationlicense, or renewal is $200. 29.34 Sec. 34. Minnesota Statutes 2002, section 148.5194, 29.35 subdivision 3a, is amended to read: 29.36 Subd. 3a. [SURCHARGE FEE.] Notwithstanding section 30.1 16A.1285, subdivision 2, for a period of four years following 30.2 July 1, 1999, an applicant forregistrationlicensure or 30.3registrationlicensure renewal must pay a surcharge fee of $25 30.4 in addition to any other fees due uponregistrationlicensure or 30.5registrationlicensure renewal. This subdivision expires June 30.6 30, 2003. 30.7 Sec. 35. Minnesota Statutes 2002, section 148.5195, 30.8 subdivision 2, is amended to read: 30.9 Subd. 2. [RIGHTS OF APPLICANTS ANDREGISTRANTSLICENSEES.] 30.10 The rights of an applicant deniedregistrationlicensure are 30.11 stated in section 148.519, subdivision 2, paragraph (d). 30.12 Aregistrantlicensee shall not be subjected to disciplinary 30.13 action under this section without first having an opportunity 30.14 for a contested case hearing under chapter 14. 30.15 Sec. 36. Minnesota Statutes 2002, section 148.5195, 30.16 subdivision 3, is amended to read: 30.17 Subd. 3. [GROUNDS FOR DISCIPLINARY ACTION BY 30.18 COMMISSIONER.] The commissioner may take any of the disciplinary 30.19 actions listed in subdivision 4 on proof that the individual has: 30.20 (1) intentionally submitted false or misleading information 30.21 to the commissioner or the advisory council; 30.22 (2) failed, within 30 days, to provide information in 30.23 response to a written request, via certified mail, by the 30.24 commissioner or advisory council; 30.25 (3) performed services of a speech-language pathologist or 30.26 audiologist in an incompetent or negligent manner; 30.27 (4) violated sections 148.511 to 148.5196; 30.28 (5) failed to perform services with reasonable judgment, 30.29 skill, or safety due to the use of alcohol or drugs, or other 30.30 physical or mental impairment; 30.31 (6) violated any state or federal law, rule, or regulation, 30.32 and the violation is a felony or misdemeanor, an essential 30.33 element of which is dishonesty, or which relates directly or 30.34 indirectly to the practice of speech-language pathology or 30.35 audiology. Conviction for violating any state or federal law 30.36 which relates to speech-language pathology or audiology is 31.1 necessarily considered to constitute a violation, except as 31.2 provided in chapter 364; 31.3 (7) aided or abetted another person in violating any 31.4 provision of sections 148.511 to 148.5196; 31.5 (8) been or is being disciplined by another jurisdiction, 31.6 if any of the grounds for the discipline is the same or 31.7 substantially equivalent to those under sections 148.511 to 31.8 148.5196; 31.9 (9) not cooperated with the commissioner or advisory 31.10 council in an investigation conducted according to subdivision 31.11 1; 31.12 (10) advertised in a manner that is false or misleading; 31.13 (11) engaged in conduct likely to deceive, defraud, or harm 31.14 the public; or demonstrated a willful or careless disregard for 31.15 the health, welfare, or safety of a client; 31.16 (12) failed to disclose to the consumer any fee splitting 31.17 or any promise to pay a portion of a fee to any other 31.18 professional other than a fee for services rendered by the other 31.19 professional to the client; 31.20 (13) engaged in abusive or fraudulent billing practices, 31.21 including violations of federal Medicare and Medicaid laws, Food 31.22 and Drug Administration regulations, or state medical assistance 31.23 laws; 31.24 (14) obtained money, property, or services from a consumer 31.25 through the use of undue influence, high pressure sales tactics, 31.26 harassment, duress, deception, or fraud; 31.27 (15) performed services for a client who had no possibility 31.28 of benefiting from the services; 31.29 (16) failed to refer a client for medical evaluation or to 31.30 other health care professionals when appropriate or when a 31.31 client indicated symptoms associated with diseases that could be 31.32 medically or surgically treated; 31.33 (17) if the individual is a dispenser of hearing 31.34 instruments as defined by section 153A.13, subdivision 5, had 31.35 the certification required by chapter 153A, denied, suspended, 31.36 or revoked according to chapter 153A; or 32.1 (18) used the term doctor of audiology, doctor of 32.2 speech-language pathology, AuD, or SLPD without having obtained 32.3 the degree from an institution accredited by the North Central 32.4 Association of Colleges and Secondary Schoolsor the American32.5Speech-Language-Hearing Association, the Council on Academic 32.6 Accreditation in Audiology and Speech-Language Pathology, the 32.7 United States Department of Education, or an equivalent. 32.8 Sec. 37. Minnesota Statutes 2002, section 148.5195, 32.9 subdivision 4, is amended to read: 32.10 Subd. 4. [DISCIPLINARY ACTIONS.] If the commissioner finds 32.11 that an individual should be disciplined according to 32.12 subdivision 3, the commissioner may take any one or more of the 32.13 following actions: 32.14 (1) refuse to grant or renewregistrationlicensure; 32.15 (2) suspendregistrationlicensure for a period not 32.16 exceeding one year; 32.17 (3) revokeregistrationlicensure; or 32.18 (4) take any reasonable lesser action against an individual 32.19 upon proof that the individual has violated sections 148.511 to 32.20 148.5196; or 32.21 (5) impose, for each violation, a civil penalty not 32.22 exceeding $10,000 that deprives the licensee of any economic 32.23 advantage gained by the violation and that reimburses the 32.24 department of health for costs of the investigation and 32.25 proceedings resulting in disciplinary action, including the 32.26 amount paid for services of the administrative hearings, the 32.27 amount paid for services of the office of the attorney general, 32.28 attorney fees, court reporters, witnesses, reproduction of 32.29 records, advisory council members' per diem compensation, 32.30 department staff time, and expense incurred by advisory council 32.31 members and department staff. 32.32 Sec. 38. Minnesota Statutes 2002, section 148.5195, 32.33 subdivision 5, is amended to read: 32.34 Subd. 5. [CONSEQUENCES OF DISCIPLINARY ACTIONS.] Upon the 32.35 suspension or revocation ofregistrationlicensure, the 32.36 speech-language pathologist or audiologist shall cease to 33.1 practice speech-language pathology or audiology, to use titles 33.2 protected under sections 148.511 to 148.5196, andshall ceaseto 33.3 represent to the public that the speech-language pathologist or 33.4 audiologist isregisteredlicensed by the commissioner. 33.5 Sec. 39. Minnesota Statutes 2002, section 148.5195, 33.6 subdivision 6, is amended to read: 33.7 Subd. 6. [REINSTATEMENT REQUIREMENTS AFTER DISCIPLINARY 33.8 ACTION.] A speech-language pathologist or audiologist who has 33.9 hadregistrationlicensure suspended may petition on forms 33.10 provided by the commissioner for reinstatement following the 33.11 period of suspension specified by the commissioner. The 33.12 requirements of section 148.5191 for renewingregistration33.13 licensure must be met beforeregistrationlicensure may be 33.14 reinstated. 33.15 Sec. 40. Minnesota Statutes 2002, section 148.5196, is 33.16 amended to read: 33.17 148.5196 [SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST 33.18 ADVISORY COUNCIL.] 33.19 Subdivision 1. [MEMBERSHIP.] The commissioner shall 33.20 appoint seven persons to a speech-language pathologist and 33.21 audiologist advisory council. The seven persons must include: 33.22 (1) two public members, as defined in section 214.02. The 33.23 public members shall be either persons receiving services of a 33.24 speech-language pathologist or audiologist, or family members of 33.25 or caregivers to such persons; 33.26 (2) two speech-language pathologistsregisteredlicensed 33.27 under sections 148.511 to 148.5196, one of whom is currently and 33.28 has been, for the five years immediately preceding the 33.29 appointment, engaged in the practice of speech-language 33.30 pathology in Minnesota and each of whom is employed in a 33.31 different employment setting including, but not limited to, 33.32 private practice, hospitals, rehabilitation settings, 33.33 educational settings, and government agencies; 33.34 (3) one speech-language pathologistregisteredlicensed 33.35 under sections 148.511 to 148.5196, who is currently and has 33.36 been, for the five years immediately preceding the appointment, 34.1 employed by a Minnesota public school district or a Minnesota 34.2 public school district consortium that is authorized by 34.3 Minnesota Statutes and who is licensed incommunication34.4disordersspeech-language pathology by the Minnesota board of 34.5 teaching; and 34.6 (4) two audiologistsregisteredlicensed under sections 34.7 148.511 to 148.5196, one of whom is currently and has been, for 34.8 the five years immediately preceding the appointment, engaged in 34.9 the practice of audiology in Minnesota and each of whom is 34.10 employed in a different employment setting including, but not 34.11 limited to, private practice, hospitals, rehabilitation 34.12 settings, educational settings, industry, and government 34.13 agencies. 34.14 Subd. 2. [ORGANIZATION.] The advisory council shall be 34.15 organized and administered under section 15.059. 34.16 Subd. 3. [DUTIES.] The advisory council shall: 34.17 (1) advise the commissioner regarding speech-language 34.18 pathologist and audiologistregistrationlicensure standards; 34.19 (2) advise the commissioner on enforcement of sections 34.20 148.511 to 148.5196; 34.21 (3) provide for distribution of information regarding 34.22 speech-language pathologist and audiologistregistration34.23 licensure standards; 34.24 (4) review applications and make recommendations to the 34.25 commissioner on granting or denyingregistrationlicensure or 34.26registrationlicensure renewal; 34.27 (5) review reports of investigations relating to 34.28 individuals and make recommendations to the commissioner as to 34.29 whetherregistrationlicensure should be denied or disciplinary 34.30 action taken against the individual; 34.31 (6) advise the commissioner regarding approval of 34.32 continuing education activities provided by sponsors using the 34.33 criteria in section 148.5193, subdivision 2; and 34.34 (7) perform other duties authorized for advisory councils 34.35 under chapter 214, or as directed by the commissioner. 34.36 Sec. 41. Minnesota Statutes 2002, section 153A.14, 35.1 subdivision 2a, is amended to read: 35.2 Subd. 2a. [EXEMPTION FROM WRITTEN EXAMINATION 35.3 REQUIREMENT.] Persons completing the audiology registration 35.4 requirements of section 148.515 after January 1, 1996, are 35.5 exempt from the written examination requirements of subdivision 35.6 2h, paragraph (a), clause (1). Minnesotaregistration or35.7American Speech-Language-Hearing Association certification35.8 licensure, a current certification of clinical competence issued 35.9 by the American Speech-Language-Hearing Association, board 35.10 certification in audiology by the American Board of Audiology, 35.11 or an equivalent, as an audiologist is not required but may be 35.12 submitted as evidence qualifying for exemption from the written 35.13 examination if the requirements are completed after January 1, 35.14 1996. Persons qualifying for written examination exemption must 35.15 fulfill the other credentialing requirements under subdivisions 35.16 1 and 2 before a certificate may be issued by the commissioner. 35.17 Sec. 42. Minnesota Statutes 2002, section 153A.14, 35.18 subdivision 2i, is amended to read: 35.19 Subd. 2i. [CONTINUING EDUCATION REQUIREMENT.] On forms 35.20 provided by the commissioner, each certified dispenser must 35.21 submit with the application for renewal of certification 35.22 evidence of completion of ten course hours of continuing 35.23 education earned within the 12-month period of July 1 to June 30 35.24 immediately preceding renewal. Continuing education courses 35.25 must be directly related to hearing instrument dispensing and 35.26 approved by the International Hearing Society or qualify for 35.27 continuing education approved for Minnesotaregisteredlicensed 35.28 audiologists. Evidence of completion of the ten course hours of 35.29 continuing education must be submitted with renewal applications 35.30 by October 1 of each year. This requirement does not apply to 35.31 dispensers certified for less than one year. The first report 35.32 of evidence of completion of the continuing education credits 35.33 shall be due October 1, 1997. 35.34 Sec. 43. Minnesota Statutes 2002, section 153A.17, is 35.35 amended to read: 35.36 153A.17 [EXPENSES; FEES.] 36.1 The expenses for administering the certification 36.2 requirements including the complaint handling system for hearing 36.3 aid dispensers in sections 153A.14 and 153A.15 and the consumer 36.4 information center under section 153A.18 must be paid from 36.5 initial application and examination fees, renewal fees, 36.6 penalties, and fines. All fees are nonrefundable. The 36.7 certificate application fee is $165 for audiologistsregistered36.8 licensed under section 148.511 and $490 for all others, the 36.9 examination fee is $200 for the written portion and $200 for the 36.10 practical portion each time one or the other is taken, and the 36.11 trainee application fee is $100. Notwithstanding the policy set 36.12 forth in section 16A.1285, subdivision 2, a surcharge of $165 36.13 for audiologistsregisteredlicensed under section 148.511 and 36.14 $330 for all others shall be paid at the time of application or 36.15 renewal until June 30, 2003, to recover the commissioner's 36.16 accumulated direct expenditures for administering the 36.17 requirements of this chapter. The penalty fee for late 36.18 submission of a renewal application is $200. All fees, 36.19 penalties, and fines received must be deposited in the state 36.20 government special revenue fund. The commissioner may prorate 36.21 the certification fee for new applicants based on the number of 36.22 quarters remaining in the annual certification period. 36.23 Sec. 44. Minnesota Statutes 2002, section 153A.20, 36.24 subdivision 1, is amended to read: 36.25 Subdivision 1. [MEMBERSHIP.] The commissioner shall 36.26 appoint nine persons to a hearing instrument dispenser advisory 36.27 council. 36.28 (a) The nine persons must include: 36.29 (1) three public members, as defined in section 214.02. At 36.30 least one of the public members shall be a hearing instrument 36.31 user and one of the public members shall be either a hearing 36.32 instrument user or an advocate of one; and 36.33 (2) three hearing instrument dispensers certified under 36.34 sections 153A.14 to 153A.20, each of whom is currently, and has 36.35 been for the five years immediately preceding their appointment, 36.36 engaged in hearing instrument dispensing in Minnesota and who 37.1 represent the occupation of hearing instrument dispensing and 37.2 who are not audiologists; and 37.3 (3) three audiologists who are certified hearing instrument 37.4 dispensers or areregisteredlicensed as audiologists under 37.5 chapter 148. 37.6 (b) The factors the commissioner may consider when 37.7 appointing advisory council members include, but are not limited 37.8 to, professional affiliation, geographical location, and type of 37.9 practice. 37.10 (c) No two members of the advisory council shall be 37.11 employees of, or have binding contracts requiring sales 37.12 exclusively for, the same hearing instrument manufacturer or the 37.13 same employer. 37.14 Sec. 45. [REVISOR INSTRUCTION.] 37.15 The revisor shall renumber Minnesota Statutes, section 37.16 148.517, subdivision 4, as Minnesota Statutes, section 148.5175. 37.17 Sec. 46. [REPEALER.] 37.18 Minnesota Statutes 2002, sections 148.512, subdivision 11; 37.19 and 148.515, subdivisions 3 and 5, are repealed.