HF 464

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; providing licensure for hearing
instrument dispensers; modifying continuing education
requirements; modifying reimbursement provisions for
hearing instrument dispensers; requiring certain rule
amendments; amending Minnesota Statutes 2004, sections
153A.13, subdivisions 5, 8; 153A.14, subdivisions 1,
2, 2b, 2c, 2d, 2e, 2f, 2g, 2h, 2i, 2j, 3, 4, 4a, 4c,
5; 153A.15, subdivisions 1, 2, 4; 153A.17; 153A.20,
subdivisions 1, 3; 256B.0625, subdivision 8b;
repealing Minnesota Statutes 2004, section 153A.14,
subdivision 2a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 153A.13,
subdivision 5, is amended to read:

Subd. 5.

Dispenser of hearing instruments.

"Dispenser of
hearing instruments" means a natural person who engages in
hearing instrument dispensing whether or not deleted text begin certified deleted text end new text begin licensed
new text end by the commissioner of health or licensed by an existing
health-related board, except that a person described as follows
is not a dispenser of hearing instruments:

(1) a student participating in supervised field work that
is necessary to meet requirements of an accredited educational
program if the student is designated by a title which clearly
indicates the student's status as a student trainee; or

(2) a person who helps a dispenser of hearing instruments
in an administrative or clerical manner and does not engage in
hearing instrument dispensing.

A person who offers to dispense a hearing instrument, or a
person who advertises, holds out to the public, or otherwise
represents that the person is authorized to dispense hearing
instruments must be deleted text begin certified deleted text end new text begin licensed new text end by the commissioner.

Sec. 2.

Minnesota Statutes 2004, section 153A.13,
subdivision 8, is amended to read:

Subd. 8.

deleted text begin certification deleted text end new text begin licensure new text end number.

" deleted text begin Certification
deleted text end new text begin Licensure new text end number" means the number assigned to
each deleted text begin certification deleted text end new text begin licensure new text end by the commissioner.

Sec. 3.

Minnesota Statutes 2004, section 153A.14,
subdivision 1, is amended to read:

Subdivision 1.

Application for deleted text begin certificate deleted text end new text begin licensure new text end .

An
applicant must:

(1) be 21 years of age or older;

(2) apply to the commissioner for a deleted text begin certificate deleted text end new text begin license new text end to
dispense hearing instruments on application forms provided by
the commissioner;

(3) at a minimum, provide the applicant's name, Social
Security number, business address and phone number, employer,
and information about the applicant's education, training, and
experience in testing human hearing and fitting hearing
instruments;

(4) include with the application a statement that the
statements in the application are true and correct to the best
of the applicant's knowledge and belief;

(5) include with the application a written and signed
authorization that authorizes the commissioner to make inquiries
to appropriate regulatory agencies in this or any other state
where the applicant has sold hearing instruments;

(6) submit certification to the commissioner that the
applicant's audiometric equipment has been calibrated to meet
current ANSI standards within 12 months of the date of the
application;

(7) submit evidence of continuing education credits, if
required; and

(8) submit all fees as required under section 153A.17.

Sec. 4.

Minnesota Statutes 2004, section 153A.14,
subdivision 2, is amended to read:

Subd. 2.

Issuance of deleted text begin certificate deleted text end new text begin license new text end .

The
commissioner shall issue a deleted text begin certificate deleted text end new text begin license new text end to each dispenser
of hearing instruments who applies under subdivision 1 if the
commissioner determines that the applicant is in compliance with
this chapter, has passed an examination administered by the
commissioner, has met the continuing education requirements, if
required, and has paid the fee set by the commissioner. The
commissioner may reject or deny an application for a deleted text begin certificate
deleted text end new text begin license new text end if there is evidence of a violation or failure to comply
with this chapter.

Sec. 5.

Minnesota Statutes 2004, section 153A.14,
subdivision 2b, is amended to read:

Subd. 2b.

Action on applications for
deleted text begin certification deleted text end new text begin licensure new text end .

The commissioner shall act on
applications for deleted text begin certification deleted text end new text begin licensure new text end , and applications for
renewal of deleted text begin certification deleted text end new text begin licensure new text end , according to paragraphs (a)
to (c).

(a) The commissioner shall determine if the applicant meets
the requirements for deleted text begin certification deleted text end new text begin licensure new text end . The commissioner
may investigate information provided by an applicant to
determine whether the information is accurate and complete.

(b) The commissioner shall notify each applicant of action
taken on the application and of the grounds for denying
deleted text begin certification deleted text end new text begin licensure new text end if deleted text begin certification deleted text end new text begin licensure new text end is denied.

(c) The commissioner shall comply with contested case
procedures in chapter 14 when suspending, revoking, or refusing
to issue or renew a deleted text begin certificate deleted text end new text begin license new text end under this section.

Sec. 6.

Minnesota Statutes 2004, section 153A.14,
subdivision 2c, is amended to read:

Subd. 2c.

Reapplication following denial, rejection,
revocation, or suspension of deleted text begin certification deleted text end new text begin licensure new text end .

After two
years, upon application and evidence that the disqualifying
behavior has ceased, the commissioner may restore or approve
deleted text begin certification deleted text end new text begin licensure new text end previously denied, rejected, revoked, or
suspended, provided that the applicant has met all conditions
and terms of any orders to which the applicant is a subject.

Sec. 7.

Minnesota Statutes 2004, section 153A.14,
subdivision 2d, is amended to read:

Subd. 2d.

deleted text begin certification deleted text end new text begin licensure new text end renewal notice.

deleted text begin Certification deleted text end new text begin Licensure new text end must be renewed annually. The
commissioner shall mail a renewal notice to the dispenser's last
known address by September 1 of each year. The notice must
include a renewal application and notice of fees required for
renewal. A dispenser is not relieved from meeting the renewal
deadline on the basis that the dispenser did not receive the
renewal notice. In renewing a deleted text begin certificate deleted text end new text begin license new text end , a dispenser
shall follow the procedures for applying for a deleted text begin certificate
deleted text end new text begin license new text end specified in subdivision 1.

Sec. 8.

Minnesota Statutes 2004, section 153A.14,
subdivision 2e, is amended to read:

Subd. 2e.

Renewal requirements.

A deleted text begin certificate deleted text end new text begin license
new text end must be renewed effective November 1 of each year. To renew a
deleted text begin certificate deleted text end new text begin license new text end , an applicant must:

(1) annually complete a renewal application on a form
provided by the commissioner and submit the annual renewal fee
by the deadline;

(2) submit certification to the commissioner that the
applicant's audiometric equipment has been calibrated to meet
current ANSI standards within 12 months of the date of the
application, if the applicant tests hearing;

(3) submit evidence of completion of continuing education
requirements, if required; and

(4) submit additional information if requested by the
commissioner to clarify information presented in the renewal
application. The information must be submitted within 30 days
of the commissioner's request.

Sec. 9.

Minnesota Statutes 2004, section 153A.14,
subdivision 2f, is amended to read:

Subd. 2f.

Late renewals.

The deadline for application to
renew deleted text begin certification deleted text end new text begin licensure new text end is October 1 of each year. An
application for deleted text begin certification deleted text end new text begin licensure new text end renewal must be received
by the Department of Health or postmarked by October 1. An
application not received or postmarked by October 1 shall be a
late renewal and must be accompanied by a late fee as required
in section 153A.17. If the postmark is illegible, the
application shall be considered timely if received by October 7.

Sec. 10.

Minnesota Statutes 2004, section 153A.14,
subdivision 2g, is amended to read:

Subd. 2g.

Lapse in deleted text begin certification
deleted text end new text begin licensure new text end .

deleted text begin Certification deleted text end new text begin Licensure new text end shall lapse if not renewed
before November 1 of each year. An applicant
whose deleted text begin certification deleted text end new text begin licensure new text end has lapsed less than two years
must meet all the requirements of this chapter except the
deleted text begin certification deleted text end new text begin licensure new text end by examination requirements of
subdivision 2h. The application fees to renew deleted text begin certification
deleted text end new text begin licensure new text end following a lapse of less than two years must include
the late fee. An applicant whose deleted text begin certification deleted text end new text begin licensure new text end has
lapsed for two years or more must meet all the requirements of
this chapter except the continuing education requirement of
subdivision 2i. deleted text begin Certification deleted text end new text begin Licensure new text end application fees of
applicants whose deleted text begin certification deleted text end new text begin licensure new text end has lapsed for any
amount of time shall not be prorated over the time remaining in
the annual deleted text begin certification deleted text end new text begin licensure new text end period.

Sec. 11.

Minnesota Statutes 2004, section 153A.14,
subdivision 2h, is amended to read:

Subd. 2h.

deleted text begin certification deleted text end new text begin licensure new text end by examination.

An
applicant must achieve a passing score, as determined by the
commissioner, on an examination according to paragraphs (a) to
(c).

(a) The examination must include, but is not limited to:

(1) A written examination approved by the commissioner
covering the following areas as they pertain to hearing
instrument selling:

(i) basic physics of sound;

(ii) the anatomy and physiology of the ear;

(iii) the function of hearing instruments;

(iv) the principles of hearing instrument selection; and

(v) state and federal laws, rules, and regulations.

(2) Practical tests of proficiency in the following
techniques as they pertain to hearing instrument selling:

(i) pure tone audiometry, including air conduction testing
and bone conduction testing;

(ii) live voice or recorded voice speech audiometry
including speech recognition (discrimination) testing, most
comfortable loudness level, and uncomfortable loudness
measurements of tolerance thresholds;

(iii) masking when indicated;

(iv) recording and evaluation of audiograms and speech
audiometry to determine proper selection and fitting of a
hearing instrument;

(v) taking ear mold impressions; and

(vi) using an otoscope for the visual observation of the
entire ear canal.

(b) The examination shall be administered by the
commissioner at least twice a year.

(c) An applicant must achieve a passing score on all
portions of the examination within a two-year period. An
applicant who does not achieve a passing score on all portions
of the examination within a two-year period must retake the
entire examination and achieve a passing score on each portion
of the examination. An applicant who does not apply for
deleted text begin certification deleted text end new text begin licensure new text end within one year of successful completion
of the examination must retake the examination and achieve a
passing score on each portion of the examination. An applicant
may not take any part of the examination more than three times
in a two-year period.

Sec. 12.

Minnesota Statutes 2004, section 153A.14,
subdivision 2i, is amended to read:

Subd. 2i.

Continuing education requirement.

On forms
provided by the commissioner, each deleted text begin certified deleted text end new text begin licensed new text end dispenser
must submit with the application for renewal of deleted text begin certification
deleted text end new text begin licensure new text end evidence of completion of ten course hours of
continuing education earned within the 12-month period of July 1
to June 30 immediately preceding renewal. new text begin A minimum of two
course hours of the ten course hours of continuing education
required under this subdivision must cover medically related
topics and a minimum of one course hour of the ten course hours
of continuing education must cover governmental regulations. A
maximum of six course hours of the ten course hours of
continuing education required under this subdivision may be
provided by hearing instrument manufacturers. new text end Continuing
education courses must be directly related to hearing instrument
dispensing and approved by the International Hearing Society or
qualify for continuing education approved for Minnesota licensed
audiologists. Evidence of completion of the ten course hours of
continuing education must be submitted with renewal applications
by October 1 of each year. This requirement does not apply to
dispensers deleted text begin certified deleted text end new text begin licensed new text end for less than one year. The first
report of evidence of completion of the continuing education
credits shall be due October 1, 1997.

Sec. 13.

Minnesota Statutes 2004, section 153A.14,
subdivision 2j, is amended to read:

Subd. 2j.

Required use of deleted text begin certification deleted text end new text begin license new text end number.

The deleted text begin certification deleted text end new text begin license new text end holder must use the deleted text begin certification
deleted text end new text begin license new text end number on all contracts, bills of sale, and receipts
used in the sale of hearing instruments.

Sec. 14.

Minnesota Statutes 2004, section 153A.14,
subdivision 3, is amended to read:

Subd. 3.

Nontransferability of deleted text begin certificate deleted text end new text begin license new text end .

A
deleted text begin certificate deleted text end new text begin license new text end may not be transferred.

Sec. 15.

Minnesota Statutes 2004, section 153A.14,
subdivision 4, is amended to read:

Subd. 4.

Dispensing of hearing instruments without
deleted text begin certificate deleted text end new text begin license new text end .

Except as provided in subdivisions 4a and
4c, it is unlawful for any person not holding a
valid deleted text begin certificate deleted text end new text begin license new text end to dispense a hearing instrument as
defined in section 153A.13, subdivision 3. A person who
dispenses a hearing instrument without the deleted text begin certificate deleted text end new text begin license
new text end required by this section is guilty of a gross misdemeanor.

Sec. 16.

Minnesota Statutes 2004, section 153A.14,
subdivision 4a, is amended to read:

Subd. 4a.

Trainees.

(a) A person who is not
deleted text begin certified deleted text end new text begin licensed new text end under this section may dispense hearing
instruments as a trainee for a period not to exceed 12 months if
the person:

(1) submits an application on forms provided by the
commissioner;

(2) is under the supervision of a deleted text begin certified deleted text end new text begin licensed
new text end dispenser meeting the requirements of this subdivision; and

(3) meets all requirements for deleted text begin certification deleted text end new text begin licensure
new text end except passage of the examination required by this section.

(b) A deleted text begin certified deleted text end new text begin licensed new text end hearing instrument dispenser may
not supervise more than two trainees at the same time and may
not directly supervise more than one trainee at a time. The
deleted text begin certified deleted text end new text begin licensed new text end dispenser is responsible for all actions or
omissions of a trainee in connection with the dispensing of
hearing instruments. A deleted text begin certified deleted text end new text begin licensed new text end dispenser may not
supervise a trainee if there are any commissioner, court, or
other orders, currently in effect or issued within the last five
years, that were issued with respect to an action or omission of
a deleted text begin certified deleted text end new text begin licensed new text end dispenser or a trainee under the deleted text begin certified
deleted text end new text begin licensed new text end dispenser's supervision.

Until taking and passing the practical examination testing
the techniques described in subdivision 2h, paragraph (a),
clause (2), trainees must be directly supervised in all areas
described in subdivision 4b, and the activities tested by the
practical examination. Thereafter, trainees may dispense
hearing instruments under indirect supervision until expiration
of the trainee period. Under indirect supervision, the trainee
must complete two monitored activities a week. Monitored
activities may be executed by correspondence, telephone, or
other telephonic devices, and include, but are not limited to,
evaluation of audiograms, written reports, and contracts. The
time spent in supervision must be recorded and the record
retained by the supervisor.

Sec. 17.

Minnesota Statutes 2004, section 153A.14,
subdivision 4c, is amended to read:

Subd. 4c.

Reciprocity.

(a) A person applying for
deleted text begin certification deleted text end new text begin licensure new text end as a hearing instrument dispenser under
subdivision 1 who has dispensed hearing instruments in another
jurisdiction may dispense hearing instruments as a trainee under
indirect supervision if the person:

(1) satisfies the provisions of subdivision 4a, paragraph
(a);

(2) submits a signed and dated affidavit stating that the
applicant is not the subject of a disciplinary action or past
disciplinary action in this or another jurisdiction and is not
disqualified on the basis of section 153A.15, subdivision 1; and

(3) provides a copy of a current credential as a hearing
instrument dispenser, an audiologist, or both, held in the
District of Columbia or a state or territory of the United
States.

(b) A person becoming a trainee under this subdivision who
fails to take and pass the practical examination described in
subdivision 2h, paragraph (a), clause (2), when next offered
must cease dispensing hearing instruments unless under direct
supervision.

Sec. 18.

Minnesota Statutes 2004, section 153A.14,
subdivision 5, is amended to read:

Subd. 5.

Rulemaking authority.

The commissioner shall
adopt rules under chapter 14 to implement this chapter. The
rules may include procedures and standards relating to the
deleted text begin certification deleted text end new text begin licensure new text end requirement, the scope of authorized
practice, fees, supervision required, continuing education,
career progression, disciplinary matters, and examination
procedures.

Sec. 19.

Minnesota Statutes 2004, section 153A.15,
subdivision 1, is amended to read:

Subdivision 1.

Prohibited acts.

The commissioner may
take enforcement action as provided under subdivision 2 against
a dispenser of hearing instruments for the following acts and
conduct:

(1) prescribing or otherwise recommending to a consumer or
potential consumer the use of a hearing instrument, unless the
prescription from a physician or recommendation from a hearing
instrument dispenser or audiologist is in writing, is based on
an audiogram that is delivered to the consumer or potential
consumer when the prescription or recommendation is made, and
bears the following information in all capital letters of
12-point or larger boldface type: "THIS PRESCRIPTION OR
RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE
PURCHASED FROM, THE deleted text begin CERTIFIED deleted text end new text begin LICENSED new text end DISPENSER OF YOUR
CHOICE";

(2) failing to give a copy of the audiogram, upon which the
prescription or recommendation is based, to the consumer when
there has been a charge for the audiogram and the consumer
requests a copy;

(3) dispensing a hearing instrument to a minor person 18
years or younger unless evaluated by an audiologist for hearing
evaluation and hearing aid evaluation;

(4) failing to provide the consumer rights brochure
required by section 153A.14, subdivision 9;

(5) being disciplined through a revocation, suspension,
restriction, or limitation by another state for conduct subject
to action under this chapter;

(6) presenting advertising that is false or misleading;

(7) providing the commissioner with false or misleading
statements of credentials, training, or experience;

(8) engaging in conduct likely to deceive, defraud, or harm
the public; or demonstrating a willful or careless disregard for
the health, welfare, or safety of a consumer;

(9) splitting fees or promising to pay a portion of a fee
to any other professional other than a fee for services rendered
by the other professional to the client;

(10) engaging in abusive or fraudulent billing practices,
including violations of federal Medicare and Medicaid laws, Food
and Drug Administration regulations, or state medical assistance
laws;

(11) obtaining money, property, or services from a consumer
through the use of undue influence, high pressure sales tactics,
harassment, duress, deception, or fraud;

(12) failing to comply with restrictions on sales of
hearing aids in sections 153A.14, subdivision 9, and 153A.19;

(13) performing the services of a deleted text begin certified deleted text end new text begin licensed
new text end hearing instrument dispenser in an incompetent or negligent
manner;

(14) failing to comply with the requirements of this
chapter as an employer, supervisor, or trainee;

(15) failing to provide information in a timely manner in
response to a request by the commissioner, commissioner's
designee, or the advisory council;

(16) being convicted within the past five years of
violating any laws of the United States, or any state or
territory of the United States, and the violation is a felony,
gross misdemeanor, or misdemeanor, an essential element of which
relates to hearing instrument dispensing, except as provided in
chapter 364;

(17) failing to cooperate with the commissioner, the
commissioner's designee, or the advisory council in any
investigation;

(18) failing to perform hearing instrument dispensing with
reasonable judgment, skill, or safety due to the use of alcohol
or drugs, or other physical or mental impairment;

(19) failing to fully disclose actions taken against the
applicant or the applicant's legal authorization to dispense
hearing instruments in this or another state;

(20) violating a state or federal court order or judgment,
including a conciliation court judgment, relating to the
activities of the applicant in hearing instrument dispensing;

(21) having been or being disciplined by the commissioner
of the Department of Health, or other authority, in this or
another jurisdiction, if any of the grounds for the discipline
are the same or substantially equivalent to those in sections
153A.13 to 153A.19;

(22) misrepresenting the purpose of hearing tests, or in
any way communicating that the hearing test or hearing test
protocol required by section 153A.14, subdivision 4b, is a
medical evaluation, a diagnostic hearing evaluation conducted by
an audiologist, or is other than a test to select a hearing
instrument, except that the hearing instrument dispenser can
determine the need for or recommend the consumer obtain a
medical evaluation consistent with requirements of the United
States Food and Drug Administration;

(23) violating any of the provisions of sections 153A.13 to
153A.19; and

(24) aiding or abetting another person in violating any of
the provisions of sections 153A.13 to 153A.19.

Sec. 20.

Minnesota Statutes 2004, section 153A.15,
subdivision 2, is amended to read:

Subd. 2.

Enforcement actions.

When the commissioner
finds that a dispenser of hearing instruments has violated one
or more provisions of this chapter, the commissioner may do one
or more of the following:

(1) deny or reject the application for a deleted text begin certificate
deleted text end new text begin license new text end ;

(2) revoke the deleted text begin certificate deleted text end new text begin license new text end ;

(3) suspend the deleted text begin certificate deleted text end new text begin license new text end ;

(4) impose, for each violation, a civil penalty that
deprives the dispenser of any economic advantage gained by the
violation and that reimburses the Department of Health for costs
of the investigation and proceeding resulting in disciplinary
action, including the amount paid for services of the Office of
Administrative Hearings, the amount paid for services of the
Office of the Attorney General, attorney fees, court reporters,
witnesses, reproduction of records, advisory council members'
per diem compensation, department staff time, and expenses
incurred by advisory council members and department staff;

(5) censure or reprimand the dispenser;

(6) revoke or suspend the right to supervise trainees;

(7) revoke or suspend the right to be a trainee;

(8) impose a civil penalty not to exceed $10,000 for each
separate violation; or

(9) any other action reasonably justified by the individual
case.

Sec. 21.

Minnesota Statutes 2004, section 153A.15,
subdivision 4, is amended to read:

Subd. 4.

Penalties.

Except as provided in section
153A.14, subdivision 4, a person violating this chapter is
guilty of a misdemeanor. The commissioner may impose an
automatic civil penalty equal to one-fourth the renewal fee on
each hearing instrument seller who fails to renew the
deleted text begin certificate deleted text end new text begin license new text end required in section 153A.14 by the renewal
deadline.

Sec. 22.

Minnesota Statutes 2004, section 153A.17, is
amended to read:

153A.17 EXPENSES; FEES.

The expenses for administering the deleted text begin certification deleted text end new text begin licensure
new text end requirements including the complaint handling system for hearing
aid dispensers in sections 153A.14 and 153A.15 and the Consumer
Information Center under section 153A.18 must be paid from
initial application and examination fees, renewal fees,
penalties, and fines. All fees are nonrefundable. The
deleted text begin certificate deleted text end new text begin license new text end application fee is $350, the examination fee
is $250 for the written portion and $250 for the practical
portion each time one or the other is taken, and the trainee
application fee is $200. The penalty fee for late submission of
a renewal application is $200. The fee for verification
of deleted text begin certification deleted text end new text begin licensure new text end to other jurisdictions or entities is
$25. All fees, penalties, and fines received must be deposited
in the state government special revenue fund. The commissioner
may prorate the deleted text begin certification deleted text end new text begin licensure new text end fee for new applicants
based on the number of quarters remaining in the
annual deleted text begin certification deleted text end new text begin licensure new text end period.

Sec. 23.

Minnesota Statutes 2004, section 153A.20,
subdivision 1, is amended to read:

Subdivision 1.

Membership.

The commissioner shall
appoint nine persons to a Hearing Instrument Dispenser Advisory
Council.

(a) The nine persons must include:

(1) three public members, as defined in section 214.02. At
least one of the public members shall be a hearing instrument
user and one of the public members shall be either a hearing
instrument user or an advocate of one; and

(2) three hearing instrument dispensers deleted text begin certified deleted text end new text begin licensed
new text end under sections 153A.14 to 153A.20, each of whom is currently,
and has been for the five years immediately preceding their
appointment, engaged in hearing instrument dispensing in
Minnesota and who represent the occupation of hearing instrument
dispensing and who are not audiologists; and

(3) three audiologists who are deleted text begin certified deleted text end new text begin licensed new text end hearing
instrument dispensers or are licensed as audiologists under
chapter 148.

(b) The factors the commissioner may consider when
appointing advisory council members include, but are not limited
to, professional affiliation, geographical location, and type of
practice.

(c) No two members of the advisory council shall be
employees of, or have binding contracts requiring sales
exclusively for, the same hearing instrument manufacturer or the
same employer.

Sec. 24.

Minnesota Statutes 2004, section 153A.20,
subdivision 3, is amended to read:

Subd. 3.

Duties.

At the commissioner's request, the
advisory council shall:

(1) advise the commissioner regarding hearing instrument
dispenser deleted text begin certification deleted text end new text begin licensure new text end standards;

(2) provide for distribution of information regarding
hearing instrument dispenser deleted text begin certification deleted text end new text begin licensure new text end standards;

(3) review investigation summaries of competency violations
and make recommendations to the commissioner as to whether the
allegations of incompetency are substantiated; and

(4) perform other duties as directed by the commissioner.

Sec. 25.

Minnesota Statutes 2004, section 256B.0625,
subdivision 8b, is amended to read:

Subd. 8b.

Speech language pathology and audiology
services.

Medical assistance covers speech language pathology
and related services, including specialized maintenance
therapy. Medical assistance covers audiology services and
related services. Services provided by a person who has been
issued a temporary registration under section 148.5161 shall be
reimbursed at the same rate as services performed by a speech
language pathologist or audiologist as long as the requirements
of section 148.5161, subdivision 3, are met. new text begin Hearing tests for
fitting and dispensing hearing aids that are performed by a
person licensed under chapter 153A shall be reimbursed at the
same rate as the tests performed by an audiologist.
new text end

Sec. 26. new text begin CONFORMING RULES.
new text end

new text begin The commissioner of human services shall amend Minnesota
Rules, part 9505.0287, to allow a licensed dispenser of hearing
aids to perform an audiologic evaluation in conformance with
Minnesota Statutes, chapter 153A. The commissioner may use the
rulemaking provisions of Minnesota Statutes, section 14.388.
Except as provided under Minnesota Statutes, section 14.388,
Minnesota Statutes, section 14.386, does not apply.
new text end

Sec. 27. new text begin WAIVER.
new text end

new text begin The commissioner of human services shall request a waiver
from federal regulations if necessary to implement sections 25
and 26.
new text end

Sec. 28. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 153A.14, subdivision 2a,
is repealed.
new text end

Sec. 29. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 24, 27, and 28 are effective the day
following final enactment. Sections 25 and 26 are effective the
day following final enactment or, if a federal waiver is
required, on the date the federal waiver is granted.
new text end