Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 290-S.F.No. 928 
           An act relating to occupations and professions; 
          providing for licensure of persons engaged in the sale 
          of hearing instruments; requiring the commissioner of 
          health to reconsider the application of speech 
          language pathologists and audiologists for 
          credentialing; providing a penalty; proposing coding 
          for new law as Minnesota Statutes, chapter 153A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [153A.01] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] For the purposes of 
sections 1 to 12, the terms defined in this section have the 
meanings given to them.  
    Subd. 2.  [HEARING INSTRUMENT.] "Hearing instrument" means 
an instrument designed for or represented as aiding defective 
human hearing, and its parts, attachments, or accessories, 
including but not limited to ear molds.  Batteries and cords are 
not parts, attachments, or accessories of a hearing instrument.  
Surgically implanted hearing instruments, and assistive 
listening devices that do not require testing, fitting, or the 
use of ear molds and are not worn within the ear canal, are not 
hearing instruments.  
    Subd. 3.  [HEARING INSTRUMENT DISPENSER.] "Hearing 
instrument dispenser" means a natural person who engages in 
hearing instrument dispensing. 
    Subd. 4.  [HEARING INSTRUMENT DISPENSING.] "Hearing 
instrument dispensing" means fitting and dispensing hearing 
instruments, assisting the consumer in instrument selection, 
selling hearing instruments at retail, and testing human hearing 
in connection with these activities.  
    Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
commissioner of commerce.  
    Sec. 2.  [153A.02] [POWERS AND DUTIES.] 
    Subdivision 1.  [REGULATION.] The commissioner shall:  
    (1) regulate hearing instrument dispensing; 
    (2) examine applicants for a hearing instrument dispensing 
license and grant licenses to qualified applicants; 
    (3) deny, suspend, or revoke a license on any of the 
following grounds:  
    (a) fraud or deception in obtaining a license or in the 
practice of hearing instrument dispensing; 
    (b) conviction of a felony;  
    (c) conviction of an offense involving moral turpitude;  
    (d) employing, assisting, or enabling in any manner an 
unlicensed person to engage in hearing instrument dispensing;  
    (e) violation of sections 1 to 12 or rules adopted under 
these sections;  
    (4) ensure that hearing instruments are dispensed in 
compliance with the requirements of the United States Food and 
Drug Administration; 
    (5) perform any other duties and exercise other powers 
required by sections 1 to 12; and 
    (6) adopt rules to implement sections 1 to 12. 
    Subd. 2.  [CONTESTED CASES.] The commissioner shall comply 
with the contested case provisions of chapter 14 when 
suspending, revoking, or failing to issue a license under 
sections 1 to 12.  
    Subd. 3.  [REINSTATEMENT OF LICENSE.] A license that has 
been suspended or revoked may be reinstated by the commissioner 
if the former licensee pays all costs of the proceedings that 
resulted in the suspension or revocation and a fee set by the 
commissioner. 
    Sec. 3.  [153A.03] [EXEMPTIONS.] 
    Persons licensed under chapter 147 are exempt from the 
requirements of sections 1 to 12.  Audiologists who hold the 
certificate of clinical competence of the American Speech, 
Language, and Hearing Association are exempt from examination 
and education requirements under sections 1 to 12, but must 
obtain a license and pay a fee determined by the commissioner.  
Sections 1 to 12 do not otherwise preclude or limit the testing 
of hearing by persons exempt under this section. 
    Sec. 4.  [153A.04] [PROHIBITED ACTS; ENFORCEMENT; PENALTY.] 
    Subdivision 1.  [PROHIBITED ACTS.] A person must not:  
    (1) engage in hearing instrument dispensing without a 
current license; 
    (2) falsely assume or pretend to the title of hearing 
instrument dispenser; 
    (3) receive any portion of the profits from the fitting, 
dispensing, or sale of hearing instruments at retail unless the 
person is licensed under sections 1 to 12 or employs a person 
licensed under sections 1 to 12; 
    (4) conduct a business engaged in hearing instrument 
dispensing except under the direction of a licensed hearing 
instrument dispenser, audiologist, or person licensed under 
chapter 147;  
    (5) engage in hearing instrument dispensing exclusively by 
telephone or mail, or both; or 
    (6) prescribe or otherwise recommend to any person the use 
of a hearing instrument unless the prescription or 
recommendation is in writing, is delivered to the person to whom 
it relates, and bears the following information in 12 point or 
larger bold type:  "HEARING INSTRUMENTS MAY BE PURCHASED FROM 
ANY LICENSED HEARING INSTRUMENT DISPENSER OR PHYSICIAN.  THIS 
PRESCRIPTION MAY BE FILLED BY THE DISPENSER OR PHYSICIAN OF YOUR 
CHOICE."  A prescription or written recommendation must include, 
upon patient authorization, an audiogram upon which the 
prescription or recommendation is based. 
    Subd. 2.  [ENFORCEMENT.] The attorney general shall enforce 
this section in the manner provided by section 8.31, except that 
there is no private remedy as provided by section 8.31, 
subdivision 3a.  
    Subd. 3.  [PENALTY.] A person violating this section is 
guilty of a misdemeanor. 
    Sec. 5.  [153A.05] [EXAMINATIONS; FEES.] 
    The commissioner shall give reasonable notice of all 
examinations by mail to known applicants.  Testing must occur at 
least three times annually at intervals no greater than five 
calendar months.  The commissioner shall record the names of 
persons licensed as hearing instrument dispensers and the 
grounds upon which the right of each to licensure was claimed.  
The commissioner may establish a fee under section 16A.128 to 
cover the cost of the examination.  Fee receipts must be 
deposited in the state treasury and credited to the special 
revenue fund.  The fee may, in the discretion of the 
commissioner, be returned to applicants who do not take the 
examination.  
    Sec. 6.  [153A.06] [CONTENTS OF EXAMINATION.] 
    Examinations for licensure as a hearing instrument 
dispenser must consist of written, oral, and practical tests.  
The tests must be objective and applied in a consistent manner.  
The tests must include the following subjects:  (1) basic 
physics of sound; (2) the structure and function of hearing 
instruments; (3) the fitting of hearing instruments; (4) 
puretone audiometry, including air conduction testing and bone 
conduction testing; (5) live voice or record voice speech 
audiometry, or both; (6) recording and evaluation of audiograms 
and speech audiometry to determine the hearing instrument 
candidacy; (7) selection and adaptation of hearing instruments; 
(8) the taking of ear mold impressions; (9) indications 
suggesting the need for referral to competent medical personnel 
for diagnosis or treatment of a disease or injury; and (10) 
knowledge of the federal and state laws regarding hearing 
instrument dispensing.  The examination must not test knowledge 
of the diagnosis or treatment of a disease or injury to the 
human body.  The commissioner shall consult with the 
commissioner of health, otolaryngologists, audiologists and 
hearing instrument dispensers in connection with preparation of 
the examination.  
    Sec. 7.  [153A.07] [QUALIFICATIONS OF APPLICANTS.] 
    In order to be examined as a hearing instrument dispenser, 
an applicant must be of good moral character, be at least 18 
years old, and meet educational criteria for licensure 
established by the commissioner.  
    Sec. 8.  [153A.08] [RECIPROCITY; LICENSURE.] 
    The commissioner may grant a license without an examination 
to a hearing instrument dispenser licensed by another state that 
gives similar recognition to licensees of this state, if the 
commissioner finds that the requirements for licensure in the 
other state are equivalent to those provided in sections 1 to 
12.  The commissioner may set the fee for licensure by rule. 
    Sec. 9.  [153A.09] [BOND REQUIRED.] 
    A sole proprietor, partnership, association, or corporation 
engaged in hearing instrument dispensing shall provide a surety 
bond in favor of the state of Minnesota in the amount of $10,000 
for every five or fewer of its licensees engaged in the practice 
of hearing instrument dispensing, up to a maximum of $20,000.  
    Sec. 10.  [153A.10] [EXPENSES.] 
    The expenses of administering sections 1 to 12 must be paid 
from the appropriations made to the department.  
    Sec. 11.  [153A.11] [ADVERTISING.] 
    The commissioner shall adopt rules concerning advertising 
of the fitting, dispensing, and sale of hearing instruments.  
The rules must not: 
    (1) restrict the use of any medium for advertising; 
    (2) restrict a licensee's personal appearance or voice in 
an advertisement;  
    (3) relate to the size or duration of an advertisement; or 
    (4) restrict advertisement under a trade name.  
    Sec. 12.  [153A.12] [INTERNSHIP.] 
    The commissioner shall license as an intern any natural 
person who has satisfied the commissioner that the person is of 
good moral character, is not physically or mentally unfit, and 
meets the requirements for intern licensure prescribed by the 
commissioner.  The intern must be supervised by a licensed 
hearing instrument dispenser.  A person must not be licensed as 
an intern for more than 12 calendar months and the license must 
not be renewed or otherwise extended by the commissioner.  No 
more than three intern licensees may hold an intern license to 
practice hearing instrument dispensing under the supervision of 
a single licensed hearing instrument dispenser.  A document 
evidencing the fitting, selection, sale, or delivery of a 
hearing instrument at retail must bear the name of the 
supervising licensee in addition to the name of the intern 
involved in the transaction.  
    Sec. 13.  [CREDENTIALING STUDY.] 
    The commissioner of health shall reconsider the application 
of speech language pathologists and audiologists for 
credentialing.  The reconsideration must be conducted according 
to section 214.13 and must be conducted before considering any 
application for credentialing received after July 1, 1984.  The 
commissioner of health shall include a study of hearing 
instrument dispensing by physicians, audiologists, and hearing 
instrument dispensers in connection with the application.  The 
commissioner of commerce shall cooperate with the commissioner 
of health with respect to the study of the dispensing of hearing 
instruments. 
    Sec. 14.  [EFFECTIVE DATES.] 
    Sections 1 to 3; section 4, subdivisions 1 and 2; and 
sections 5 to 13 are effective July 1, 1985.  Section 4, 
subdivision 3, is effective July 1, 1986. 
    Approved June 4, 1985