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 AUDIOLOGISTS 
  1.19  SCOPE.] 
  1.20     Sections 148.511 to 148.5196 apply only to persons who are 
  1.21  applicants for registration licensure, who are registered, who 
  1.22  use protected titles, or who represent that they are registered 
  1.23  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, 
  1.26  provided that school personnel practicing within the scope of 
  1.27  their licensed occupation preface titles protected under section 
  1.28  148.513 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, or 
  2.5   other post-secondary educational institution that offers 
  2.6   speech-language pathology or audiology training graduate degrees 
  2.7   and that is accredited by the American Speech-Language-Hearing 
  2.8   Association or the National Council for Accreditation of Teacher 
  2.9   Education Council 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 for registration licensure or 
  2.17  registration licensure 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 
  2.23  registers as an audiologist with is 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 of the department of health 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 of 50 60 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" means includes but is not limited to:  
  3.4      (1) screening, identification, assessment, and 
  3.5   interpretation, diagnosis, rehabilitation, and prevention of 
  3.6   hearing disorders; 
  3.7      (2) conservation of the auditory system function; 
  3.8   development and implementation of hearing conservation programs; 
  3.9      (3) measurement, assessment, and interpretation of auditory 
  3.10  and vestibular function; 
  3.11     (4) selecting, fitting, and dispensing of assistive 
  3.12  listening devices, alerting and amplification devices, and 
  3.13  systems for personal and public use, including hearing aids and 
  3.14  devices, and providing training in their use; 
  3.15     (5) aural habilitation and rehabilitation and related 
  3.16  counseling for hearing impaired individuals and their families; 
  3.17     (6) screening of speech, language, voice, or fluency for 
  3.18  the purposes of audiologic evaluation or identification of 
  3.19  possible communication disorders; or 
  3.20     (7) teaching of, consultation or research about, or 
  3.21  supervision 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" means includes, but is 
  5.16  not limited to:  
  5.17     (1) screening, identification, assessment and 
  5.18  interpretation, diagnosis, habilitation, rehabilitation, 
  5.19  treatment and prevention of disorders of speech, articulation, 
  5.20  fluency, voice, and language; 
  5.21     (2) screening, identification, assessment, and 
  5.22  interpretation, diagnosis, habilitation, and rehabilitation of 
  5.23  disorders of oral-pharyngeal function and related disorders; 
  5.24     (3) screening, identification, assessment, and 
  5.25  interpretation, diagnosis, habilitation, and rehabilitation of 
  5.26  communication disorders associated with cognition; 
  5.27     (4) assessing, selecting, and developing augmentative and 
  5.28  alternative communication systems and providing training in 
  5.29  their use; 
  5.30     (5) aural habilitation and rehabilitation and related 
  5.31  counseling for hearing impaired individuals and their families; 
  5.32     (6) enhancing speech-language proficiency and communication 
  5.33  effectiveness; 
  5.34     (7) audiometric screening for the purposes of 
  5.35  speech-language evaluation or for the identification of possible 
  5.36  hearing disorders; or 
  6.1      (8) teaching of, consultation or research about, or 
  6.2   supervision 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.  [REGISTER LICENSE OR REGISTERED 
  8.2   LICENSED.] "Register" "License" or "registered" "licensed" 
  8.3   means the act or status of a natural person who meets the 
  8.4   requirements of sections 148.511 to 148.5196 and who is 
  8.5   authorized by the commissioner to use the titles in section 
  8.6   148.513.  
  8.7      Sec. 10.  Minnesota Statutes 2002, section 148.512, 
  8.8   subdivision 15, is amended to read: 
  8.9      Subd. 15.  [REGISTRANT LICENSEE.] "Registrant" "Licensee" 
  8.10  means a person an individual who meets the requirements of 
  8.11  sections 148.511 to 148.5196 and is authorized by the 
  8.12  commissioner 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.  [REGISTRATION LICENSURE.] 
  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, and registers with is 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" means an individual a 
  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 who is: 
  9.7      (1) is a registered licensed speech-language pathologist or 
  9.8   audiologist; or 
  9.9      (2) when the commissioner determines that supervision by a 
  9.10  registered licensed 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 to 
  9.22  speech-language pathology or audiology, except as provided in 
  9.23  paragraphs (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 is registered licensed 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; or 
 10.8      (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 "Minnesota registered licensed" in 
 10.24  conjunction with the titles protected under this section by any 
 10.25  person is prohibited unless that person is registered licensed 
 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 [GENERAL REGISTRATION LICENSURE REQUIREMENTS; 
 11.12  PROCEDURES AND QUALIFICATIONS.] 
 11.13     Subdivision 1.  [GENERAL REGISTRATION LICENSURE 
 11.14  PROCEDURES.] An applicant for registration licensure 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.  [GENERAL REGISTRATION LICENSURE QUALIFICATIONS.] 
 11.19  An applicant for registration licensure must possess the 
 11.20  qualifications required in one of the following clauses:  
 11.21     (1) a person who applies for registration licensure 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 for registration licensure 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 for registration licensure 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 of paragraphs paragraph (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 
 12.6   registration licensure 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 the American 
 12.9   Speech-Language-Hearing Association Council 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  which registration licensure is sought.  
 12.14     (c) The master's degree training must include a minimum of 
 12.15  112.5 quarter credits or 75 semester credits or their equivalent 
 12.16  of academic coursework that includes basic science coursework 
 12.17  and professional coursework.  
 12.18     (d) Applicants for registration in either speech-language 
 12.19  pathology or audiology must complete 40.5 quarter credits of the 
 12.20  112.5 quarter credits or 27 of the 75 semester credits or their 
 12.21  equivalent in basic science coursework, distributed as follows:  
 12.22     (1) nine quarter credits or six semester credits or their 
 12.23  equivalent must be in biological or physical sciences and 
 12.24  mathematics; 
 12.25     (2) nine quarter credits or six semester credits or their 
 12.26  equivalent must be in behavioral or social sciences, including 
 12.27  normal aspects of human behavior and communication; and 
 12.28     (3) 22.5 quarter credits or 15 semester credits or their 
 12.29  equivalent must be in basic human communication processes and 
 12.30  must include coursework in each of the following three areas of 
 12.31  speech, language, and hearing:  
 12.32     (i) the anatomic and physiologic bases; 
 12.33     (ii) the physical and psychophysical bases; and 
 12.34     (iii) the linguistic and psycholinguistic aspects.  
 12.35     (e) All applicants for registration must complete 54 
 12.36  quarter credits of the 112.5 quarter credits or 36 semester 
 13.1   credits of the 75 semester credits or their equivalent in 
 13.2   professional coursework.  The coursework must include the 
 13.3   nature, prevention, evaluation, and treatment of speech, 
 13.4   language, and hearing disorders.  The coursework must encompass 
 13.5   courses in speech, language, and hearing that concern disorders 
 13.6   primarily affecting children as well as disorders primarily 
 13.7   affecting adults.  A minimum of 45 of the 54 quarter credits or 
 13.8   30 of the 36 semester credits or their equivalent must be 
 13.9   courses for which graduate credit was received.  A minimum of 
 13.10  31.5 of the 45 quarter credits or 21 of the 30 semester credits 
 13.11  must be in the professional area for which registration is 
 13.12  sought.  
 13.13     (f) Applicants seeking registration as speech-language 
 13.14  pathologists must complete the following professional coursework:
 13.15     (1) 45 quarter credits of the 54 quarter credits of the 
 13.16  professional coursework or 30 semester credits of the 36 
 13.17  semester credits of the professional coursework or their 
 13.18  equivalent must be in courses pertaining to speech-language 
 13.19  pathology and nine quarter credits of the 54 quarter credits or 
 13.20  six semester credits of the 36 semester credits or their 
 13.21  equivalent in courses in the area of audiology; and 
 13.22     (2) the 45 quarter credits or 30 semester credits or their 
 13.23  equivalent pertaining to speech-language pathology must include 
 13.24  at least nine quarter credits or six semester credits or their 
 13.25  equivalent in speech disorders and nine quarter credits or six 
 13.26  semester credits or their equivalent in language disorders.  The 
 13.27  nine quarter credits or six semester credits or their equivalent 
 13.28  in the area of audiology must include at least 4.5 quarter 
 13.29  credits or three semester credits or their equivalent in hearing 
 13.30  disorders and hearing evaluation and 4.5 quarter credits or 
 13.31  three semester credits or their equivalent in habilitative and 
 13.32  rehabilitative procedures.  
 13.33     (g) Applicants seeking registration as an audiologist must 
 13.34  complete professional coursework as follows:  
 13.35     (1) 45 quarter credits of the 54 quarter credits or 30 
 13.36  semester credits of the 36 semester credits or their equivalent 
 14.1   of coursework must be in audiology.  At least nine quarter 
 14.2   credits of the 45 quarter credits or six semester credits of the 
 14.3   30 semester credits in audiology must be in hearing disorders 
 14.4   and hearing evaluation and at least nine quarter credits or six 
 14.5   semester credits or their equivalent must be in habilitative or 
 14.6   rehabilitative procedures with individuals who have hearing 
 14.7   impairment; and 
 14.8      (2) nine quarter credits of the 54 quarter credits or six 
 14.9   semester credits of the 36 semester credits or their equivalent 
 14.10  in the area of speech-language pathology.  At least 4.5 quarter 
 14.11  credits of the nine quarter credits or three semester credits of 
 14.12  the six semester credits must be in speech disorders and at 
 14.13  least 4.5 quarter credits of the nine quarter credits or three 
 14.14  semester credits of the six semester credits must be in language 
 14.15  disorders.  This coursework in speech-language pathology must 
 14.16  concern the nature, prevention, evaluation, and treatment of 
 14.17  speech and language disorders not associated with hearing 
 14.18  impairment.  
 14.19     (h) Of the professional coursework required in paragraphs 
 14.20  (f) and (g), no more than nine quarter credits or six semester 
 14.21  credits or their equivalent associated with clinical training 
 14.22  may be counted toward the minimum of 54 quarter credits or 36 
 14.23  semester credits or their equivalent of professional coursework. 
 14.24  However, those hours may not be used to satisfy the minimum of 
 14.25  nine quarter credits or six semester credit hours in hearing 
 14.26  disorders or evaluation, nine quarter credits or six semester 
 14.27  credits in habilitative or rehabilitative procedures, or nine 
 14.28  quarter credits or six semester credits in speech-language 
 14.29  pathology.  
 14.30     Sec. 18.  Minnesota Statutes 2002, section 148.515, 
 14.31  subdivision 4, is amended to read: 
 14.32     Subd. 4.  [SUPERVISED POSTGRADUATE GRADUATE OR DOCTORAL 
 14.33  CLINICAL EXPERIENCE REQUIRED.] (a) An applicant must complete no 
 14.34  less than nine months or its equivalent of full-time supervised 
 14.35  postgraduate clinical experience according to paragraphs (b) to 
 14.36  (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 experience 
 15.7   includes both on-site observation and other monitoring 
 15.8   activities.  On-site observation must involve the supervisor, 
 15.9   the supervisee, and the client receiving speech-language 
 15.10  pathology or audiology services.  On-site observation must 
 15.11  include direct observation by the supervisor of treatment given 
 15.12  by the supervisee.  Other monitoring activities may be executed 
 15.13  by correspondence and include, but are not limited to, 
 15.14  conferences with the supervisee, evaluation of written reports, 
 15.15  and evaluations by professional colleagues.  Other monitoring 
 15.16  activities do not include the client receiving speech-language 
 15.17  pathology or audiology services but must involve direct or 
 15.18  indirect evaluative contact by the supervisor of the supervisee. 
 15.19     (c) The applicant must, as part of the postgraduate 
 15.20  clinical experience, be supervised by an individual who meets 
 15.21  the definition of section 148.512, subdivision 20, and:  
 15.22     (1) when registration as a speech-language pathologist is 
 15.23  sought, is a registered speech-language pathologist or hold a 
 15.24  current certificate of clinical competence in speech-language 
 15.25  pathology from the American Speech-Language-Hearing Association; 
 15.26  and 
 15.27     (2) when registration as an audiologist is sought, is a 
 15.28  registered audiologist or hold a current certificate of clinical 
 15.29  competence in audiology from the American 
 15.30  Speech-Language-Hearing Association. 
 15.31     (d) The applicant may not begin the postgraduate clinical 
 15.32  experience until the applicant has completed the academic 
 15.33  coursework and clinical training in subdivisions 2 and 3. 
 15.34     (e) To be considered full time, at least 30 hours per week 
 15.35  must be spent over a nine-month period in clinical work.  
 15.36  Equivalent time periods may include part-time professional 
 16.1   employment 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; or 
 16.4      (3) 18 months of at least 15 hours per week.  
 16.5      (f) The applicant's postgraduate clinical experience must 
 16.6   include direct clinical experience with patients, consultations, 
 16.7   report writing, record keeping, or other duties relevant to 
 16.8   clinical work.  A minimum of 80 percent of the clinical 
 16.9   experience must be in direct contact with persons who have 
 16.10  communication handicaps.  If the applicant uses part-time 
 16.11  employment to fulfill the postgraduate clinical experience 
 16.12  requirement, all of the minimum required hours of the part-time 
 16.13  work week requirement must be spent in direct professional 
 16.14  experience.  
 16.15     (g) The applicant must complete the postgraduate clinical 
 16.16  experience within a maximum of 36 consecutive months and must be 
 16.17  supervised in no less than 36 activities, including 18 one-hour 
 16.18  on-site observations.  A maximum of six hours can be accrued in 
 16.19  one day.  A minimum of six one-hour on-site observations must be 
 16.20  accrued during each one-third of the experience.  
 16.21     (h) The applicant must complete 18 other monitored 
 16.22  activities and complete at least one monitored activity each 
 16.23  month of the postgraduate clinical experience.  Alternatives to 
 16.24  on-site observation and monitoring activities include activities 
 16.25  supervised by correspondence, evaluation of written reports, and 
 16.26  evaluations by professional colleagues.  
 16.27     Sec. 19.  Minnesota Statutes 2002, section 148.516, is 
 16.28  amended to read: 
 16.29     148.516 [REGISTRATION LICENSURE BY EQUIVALENCY.] 
 16.30     An applicant who applies for registration licensure 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 REGISTRATION CLINICAL FELLOWSHIP 
 17.3   LICENSURE OR DOCTORAL EXTERNSHIP LICENSURE.] 
 17.4      Subdivision 1.  [APPLICATION.] The commissioner shall issue 
 17.5   temporary registration clinical fellowship licensure or doctoral 
 17.6   externship licensure as a speech-language pathologist or 
 17.7   audiologist to an applicant who has applied for registration 
 17.8   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 for temporary 
 17.12  registration clinical 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, subdivisions subdivision 2 and 
 17.17  3.  
 17.18     Subd. 3.  [SUPERVISION REQUIRED.] (a) A temporary 
 17.19  registrant clinical 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, the supervisee clinical 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 
 17.30  supervisee clinical fellowship licensee or doctoral externship 
 17.31  licensee.  Other monitoring activities must involve direct or 
 17.32  indirect evaluative contact by the supervisor of the supervisee 
 17.33  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 the supervisee clinical 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) The temporary registrant clinical 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 the temporary registrant clinical fellowship 
 18.9   licensee or doctoral externship licensee is a speech-language 
 18.10  pathologist, is a registered licensed 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; and or 
 18.14     (2) when the temporary registrant clinical fellowship 
 18.15  licensee or doctoral externship licensee is an audiologist, is a 
 18.16  registered licensed 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 registration clinical 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, subdivisions subdivision 2 and 3.  
 18.24     (e) The temporary registrant must be supervised in no less 
 18.25  than 36 activities, including 18 one-hour on-site observations.  
 18.26  A maximum of six hours may be accrued in one day.  A minimum of 
 18.27  six one-hour on-site observations must be accrued during each 
 18.28  one-third of the experience.  
 18.29     (f) The temporary registrant must complete 18 other 
 18.30  monitored activities and complete at least one monitored 
 18.31  activity each month.  
 18.32     (g) The temporary registrant clinical 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 OF TEMPORARY REGISTRATION CLINICAL 
 19.5   FELLOWSHIP OR DOCTORAL EXTERNSHIP LICENSURE.] A temporary 
 19.6   registration clinical 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   denies registration licensure, whichever occurs first.  Upon 
 19.10  application, a temporary registration clinical 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 initial temporary registration clinical fellowship 
 19.15  license or doctoral externship license period and meet the 
 19.16  requirements of subdivision 1. 
 19.17     Subd. 5 6.  [TITLE USED.] A temporary registrant licensee 
 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 [REGISTRATION LICENSURE BY RECIPROCITY.] 
 19.24     Subdivision 1.  [APPLICABILITY.] An applicant who applies 
 19.25  for registration licensure 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 for registration licensure 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  be registered licensed 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 for registration licensure by reciprocity under 
 20.6   subdivision 2, must have maintained the appropriate government 
 20.7   body and unrestricted credentials in each jurisdiction in which 
 20.8   the applicant holds a credential submit letters during 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.  [TEMPORARY REGISTRATION LICENSURE.] (a) The 
 20.16  commissioner shall issue temporary registration licensure as a 
 20.17  speech-language pathologist, an audiologist, or both, to an 
 20.18  applicant who has applied for registration licensure under this 
 20.19  section sections 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 or its equivalent board certification in audiology 
 20.34  by the American Board of Audiology. 
 20.35     (b) A temporary registration license 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 denies registration 
 21.2   licensure, whichever occurs first.  
 21.3      (c) Upon application, a temporary registration license 
 21.4   shall be renewed once to a person who is able to demonstrate 
 21.5   good cause for failure to meet the requirements for registration 
 21.6   licensure within the initial temporary registration licensure 
 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 [REGISTRATION LICENSURE FOLLOWING LAPSE OF 
 21.12  REGISTERED LICENSURE STATUS.] 
 21.13     Subdivision 1.  [LAPSE OF THREE YEARS OR LESS.] For an 
 21.14  applicant whose registered licensure status has lapsed for three 
 21.15  years or less, the applicant must:  
 21.16     (1) apply for registration license 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 
 21.19  registration license lapsed; or 
 21.20     (2) fulfill the requirements of section 148.517.; 
 21.21     Subd. 2.  [LAPSE OF MORE THAN THREE YEARS.] For an 
 21.22  applicant whose registered status has lapsed for more than three 
 21.23  years, the applicant must:  
 21.24     (1) apply for registration renewal according to section 
 21.25  148.5191 and obtain a qualifying score on the examination 
 21.26  described in section 148.515, subdivision 5, within one year of 
 21.27  the application date for registration renewal; 
 21.28     (2) apply for renewal according to section 148.5191, 
 21.29  provide evidence to the commissioner that the applicant holds a 
 21.30  current and unrestricted credential for the practice of 
 21.31  speech-language pathology from the Minnesota board of teaching 
 21.32  or for the practice of speech-language pathology or audiology in 
 21.33  another jurisdiction and provide evidence that the applicant's 
 21.34  credential from the Minnesota board of teaching or another 
 21.35  jurisdiction has been held in good standing during the period of 
 21.36  lapse; 
 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 [REGISTRATION LICENSURE PROCEDURES.] 
 22.19     Subdivision 1.  [APPLICATIONS FOR REGISTRATION LICENSURE.] 
 22.20  (a) An applicant for registration licensure must: 
 22.21     (1) submit a completed application for registration 
 22.22  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 training meeting the requirements of section 
 23.7   148.515, 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 FOR REGISTRATION 
 23.25  LICENSURE.] (a) The commissioner shall act on an application for 
 23.26  registration licensure according to paragraphs (b) to (d).  
 23.27     (b) The commissioner shall determine if the applicant meets 
 23.28  the requirements for registration licensure.  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 denying registration licensure if registration 
 23.35  licensure is denied.  
 23.36     (d) An applicant denied registration licensure 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 advisory 
 24.3   council and for the advisory council to review the 
 24.4   commissioner's decision to deny the applicant's registration.  
 24.5   After reviewing the denial, the advisory council shall make a 
 24.6   recommendation to the commissioner as to whether the denial 
 24.7   should be affirmed.  An applicant is allowed no more than one 
 24.8   request for a review of denial of registration in any one 
 24.9   registration renewal period for 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 [REGISTRATION LICENSURE RENEWAL.] 
 24.28     Subdivision 1.  [RENEWAL REQUIREMENTS.] To renew 
 24.29  registration licensure, 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.  [REGISTRATION LICENSURE RENEWAL NOTICE.] 
 25.8   Registration Licensure renewal is on a biennial basis.  At least 
 25.9   60 days before the registration licensure expiration date, the 
 25.10  commissioner shall send out a renewal notice to the registrant's 
 25.11  licensee's last known address.  The notice shall include a 
 25.12  renewal application and notice of fees required for renewal.  If 
 25.13  the registrant licensee does not receive the renewal notice, the 
 25.14  registrant licensee is still required to meet the deadline for 
 25.15  renewal to qualify for continuous registered licensure status. 
 25.16     Subd. 4.  [RENEWAL DEADLINE.] Each registration certificate 
 25.17  license, including a temporary registration certificate license 
 25.18  provided under section 148.5161, must state an expiration date.  
 25.19  An application for registration licensure 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, registrant licensee, or temporary registrant 
 25.26  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 for registration licensure renewal must meet the 
 25.32  requirements for continuing education according to stipulated 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 for registration licensure 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 preceding registration 
 26.5   licensure renewal.  A minimum of 20 contact hours of continuing 
 26.6   education must be directly related to the registrant's 
 26.7   licensee's area of registration licensure.  Ten contact hours of 
 26.8   continuing education may be in areas generally related to the 
 26.9   registrant's licensee's area of registration licensure.  
 26.10     (c) An applicant for registration licensure 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 preceding registration 
 26.15  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 the registrant's licensee's areas of 
 26.20  registration licensure.  
 26.21     (d) If the registrant licensee 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 to 1.2 1.0 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) A registrant licensee 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) A registrant licensee 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) A registrant licensee 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) A registrant 
 27.20  licensee must maintain for four years records of attending the 
 27.21  continuing education contact hours required for registration 
 27.22  licensure renewal.  
 27.23     (b) An applicant for registration licensure 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 the registrant licensee. 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  for registration licensure 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, and registrant's 
 28.4   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; and or 
 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 a registrant licensee or continuing 
 28.28  education sponsor to verify the continuing education to which 
 28.29  the registrant licensee attested.  Documentation may come 
 28.30  directly from the registrant licensee, 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 the registrant licensee.  A registrant licensee 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   the registrant licensee 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  the registrant licensee. 
 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 the registration licensure fee for clinical fellowship, 
 29.17  doctoral externship, temporary, and first time registrants 
 29.18  licensees according to the number of months that have elapsed 
 29.19  between the date registration the license is issued and the date 
 29.20  registration the 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.  [BIENNIAL REGISTRATION LICENSURE FEE.] The fee 
 29.25  for initial registration licensure and biennial registration 
 29.26  licensure, temporary registration licensure, 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.  [BIENNIAL REGISTRATION LICENSURE FEE FOR DUAL 
 29.30  REGISTRATION LICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST AND 
 29.31  AUDIOLOGIST.] The fee for initial registration licensure and 
 29.32  biennial registration licensure, clinical fellowship, doctoral 
 29.33  externship, temporary registration license, 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 for registration licensure or 
 30.3   registration licensure renewal must pay a surcharge fee of $25 
 30.4   in addition to any other fees due upon registration licensure or 
 30.5   registration licensure 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 AND REGISTRANTS LICENSEES.] 
 30.10  The rights of an applicant denied registration licensure are 
 30.11  stated in section 148.519, subdivision 2, paragraph (d).  
 30.12  A registrant licensee 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 Schools or the American 
 32.5   Speech-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 renew registration licensure; 
 32.15     (2) suspend registration licensure for a period not 
 32.16  exceeding one year; 
 32.17     (3) revoke registration licensure; 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 of registration licensure, 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, and shall cease to 
 33.3   represent to the public that the speech-language pathologist or 
 33.4   audiologist is registered licensed 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   had registration licensure 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 renewing registration 
 33.13  licensure must be met before registration licensure 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 pathologists registered licensed 
 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 pathologist registered licensed 
 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 in communication 
 34.4   disorders speech-language pathology by the Minnesota board of 
 34.5   teaching; and 
 34.6      (4) two audiologists registered licensed 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 audiologist registration licensure 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 audiologist registration 
 34.23  licensure standards; 
 34.24     (4) review applications and make recommendations to the 
 34.25  commissioner on granting or denying registration licensure or 
 34.26  registration licensure renewal; 
 34.27     (5) review reports of investigations relating to 
 34.28  individuals and make recommendations to the commissioner as to 
 34.29  whether registration licensure 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).  Minnesota registration or 
 35.7   American Speech-Language-Hearing Association certification 
 35.8   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 Minnesota registered licensed 
 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 audiologists registered 
 36.8   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 audiologists registered licensed 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 are registered licensed 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.