1.1 	A bill for an act
1.2 	relating to health; modifying provisions for health occupations and professionals; 
1.3 	clarifying a definition for hearing instrument dispensing; granting the 
1.4 	commissioner authority to contract with the health professionals services 
1.5 	program to access diversion and monitoring services;amending Minnesota 
1.6 	Statutes 2004, sections 148.515, subdivision 2; 148.5175; 148.518; 148.5193, 
1.7 	subdivision 1; 148.5195, by adding a subdivision; 148.6440, subdivision 7; 
1.8 	148.6443, subdivisions 2, 3, 4; 148.6448, by adding a subdivision; 153A.13, 
1.9 	subdivision 4; 153A.15, by adding a subdivision; Minnesota Statutes 2005 
1.10 	Supplement, section 148.515, subdivision 6.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2004, section 148.515, subdivision 2, is amended to read:
1.13 		Subd. 2.Master's or doctoral degree required. (a) An applicant must possess a 
1.14 	master's or doctoral degree that meets the requirements of paragraph (b). If completing a 
1.15 	doctoral program in which a master's degree has not been conferred, an applicant must 
1.16 	submit a transcript showing completion of course work equivalent to, or exceeding, a 
1.17 	master's degree that meets the requirement of paragraph (b).
1.18 	(b) All of the applicant's graduate coursework and clinical practicum required in the 
1.19 	professional area for which licensure is sought must have been initiated and completed at 
1.20 	an institution whose program meets the current requirements and was accredited by the 
1.21 	Educational Standards Board of the Council on Academic Accreditation in Audiology 
1.22 	and Speech-Language Pathology, a body recognized by the United States Department of 
1.23 	Education, or an equivalent as determined by the commissioner, in the area for which 
1.24 	licensure is sought.

1.25 	Sec. 2. Minnesota Statutes 2005 Supplement, section 148.515, subdivision 6, is 
1.26 	amended to read:
2.1 		Subd. 6.Dispensing audiologist examination requirements. (a) Audiologists are 
2.2 	exempt from the written examination requirement in section 153A.14, subdivision 2h, 
2.3 	paragraph (a), clause (1).
2.4 	(b) After July 31, 2005, all applicants for audiologist licensure under sections 
2.5 	148.512 to 148.5198 must achieve a passing score on the practical tests of proficiency 
2.6 	described in section 153A.14, subdivision 2h, paragraph (a), clause (2), within the time 
2.7 	period described in section 153A.14, subdivision 2h, paragraph (c).
2.8 	(c) In order to dispense hearing aids as a sole proprietor, member of a partnership, 
2.9 	or for a limited liability company, corporation, or any other entity organized for profit, a 
2.10 	licensee who obtained audiologist licensure under sections 148.512 to 148.5198, before 
2.11 	August 1, 2005, and who is not certified to dispense hearing aids under chapter 153A, 
2.12 	must achieve a passing score on the practical tests of proficiency described in section 
2.13 	153A.14, subdivision 2h, paragraph (a), clause (2), within the time period described 
2.14 	in section 153A.14, subdivision 2h, paragraph (c). All other audiologist licensees who 
2.15 	obtained licensure before August 1, 2005, are exempt from the practical tests.
2.16 	(d) An applicant for an audiology license who obtains a temporary license under 
2.17 	section 148.5175 may dispense hearing aids only under supervision of a licensed 
2.18 	audiologist who dispenses hearing aids. 

2.19 	Sec. 3. Minnesota Statutes 2004, section 148.5175, is amended to read:
2.20 	148.5175 TEMPORARY LICENSURE.
2.21 	(a) The commissioner shall issue temporary licensure as a speech-language 
2.22 	pathologist, an audiologist, or both, to an applicant who has applied for licensure under 
2.23 	section  148.515,  148.516,  148.517, or  148.518 and who: 
2.24 	(1) submits a signed and dated affidavit stating that the applicant is not the subject of 
2.25 	a disciplinary action or past disciplinary action in this or another jurisdiction and is not 
2.26 	disqualified on the basis of section  148.5195, subdivision 3; and 
2.27 	(2) either:
2.28 	(i) provides a copy of a current credential as a speech-language pathologist, an 
2.29 	audiologist, or both, held in the District of Columbia or a state or territory of the United 
2.30 	States; or
2.31 	(ii) provides a copy of a current certificate of clinical competence issued by the 
2.32 	American Speech-Language-Hearing Association or board certification in audiology by 
2.33 	the American Board of Audiology.
3.1 	(b) A temporary license issued to a person under this subdivision expires 90 days 
3.2 	after it is issued or on the date the commissioner grants or denies licensure, whichever 
3.3 	occurs first.
3.4 	(c) Upon application, a temporary license shall be renewed once to a person who is 
3.5 	able to demonstrate good cause for failure to meet the requirements for licensure within 
3.6 	the initial temporary licensure period and who is not the subject of a disciplinary action or 
3.7 	disqualified on the basis of section  148.5195, subdivision 3. 

3.8 	Sec. 4. Minnesota Statutes 2004, section 148.518, is amended to read:
3.9 	148.518 LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.
3.10 	For an applicant whose licensure status has lapsed, the applicant must:
3.11 	(1) apply for licensure renewal according to section  148.5191 and document 
3.12 	compliance with the continuing education requirements of section  148.5193 since the 
3.13 	applicant's license lapsed; 
3.14 	(2) fulfill the requirements of section  148.517; 
3.15 	(3) apply for renewal according to section  148.5191, provide evidence to the 
3.16 	commissioner that the applicant holds a current and unrestricted credential for the practice 
3.17 	of speech-language pathology from the Minnesota Board of Teaching or for the practice 
3.18 	of speech-language pathology or audiology in another jurisdiction that has requirements 
3.19 	equivalent to or higher than those in effect for Minnesota, and provide evidence of 
3.20 	compliance with Minnesota Board of Teaching or that jurisdiction's continuing education 
3.21 	requirements; or
3.22 	(4) apply for renewal according to section  148.5191 and submit verified 
3.23 	documentation of successful completion of 160 hours of supervised practice approved by 
3.24 	the commissioner. To participate in a supervised practice, the applicant shall first apply 
3.25 	and obtain temporary licensing according to section  148.5161.; or
3.26 	(5) apply for renewal according to section 148.5191 and provide documentation of 
3.27 	obtaining a qualifying score on the examination described in section 148.515, subdivision 
3.28 	4, within one year of the application date for license renewal.

3.29 	Sec. 5. Minnesota Statutes 2004, section 148.5193, subdivision 1, is amended to read:
3.30 		Subdivision 1.Number of contact hours required. (a) An applicant for licensure 
3.31 	renewal must meet the requirements for continuing education stipulated by the American 
3.32 	Speech-Language-Hearing Association or the American Board of Audiology, or satisfy 
3.33 	the requirements described in paragraphs (b) to (e).
4.1 	(b) Within one month following expiration of a license, an applicant for licensure 
4.2 	renewal as either a speech-language pathologist or an audiologist must provide evidence 
4.3 	to the commissioner of a minimum of 30 contact hours of continuing education obtained 
4.4 	within the two years immediately preceding licensure expiration. A minimum of 20 
4.5 	contact hours of continuing education must be directly related to the licensee's area of 
4.6 	licensure. Ten contact hours of continuing education may be in areas generally related to 
4.7 	the licensee's area of licensure. Licensees who are issued licenses for a period of less than 
4.8 	two years shall prorate the number of contact hours required for licensure renewal based 
4.9 	on the number of months licensed during the biennial licensure period. Licensees shall 
4.10 	receive contact hours for continuing education activities only for the biennial licensure 
4.11 	period in which the continuing education activity was performed.
4.12 	(c) An applicant for licensure renewal as both a speech-language pathologist and an 
4.13 	audiologist must attest to and document completion of a minimum of 36 contact hours 
4.14 	of continuing education offered by a continuing education sponsor within the two years 
4.15 	immediately preceding licensure renewal. A minimum of 15 contact hours must be 
4.16 	received in the area of speech-language pathology and a minimum of 15 contact hours 
4.17 	must be received in the area of audiology. Six contact hours of continuing education 
4.18 	may be in areas generally related to the licensee's areas of licensure. Licensees who are 
4.19 	issued licenses for a period of less than two years shall prorate the number of contact 
4.20 	hours required for licensure renewal based on the number of months licensed during the 
4.21 	biennial licensure period. Licensees shall receive contact hours for continuing education 
4.22 	activities only for the biennial licensure period in which the continuing education activity 
4.23 	was performed.
4.24 	(d) If the licensee is licensed by the Board of Teaching:
4.25 	(1) activities that are approved in the categories of Minnesota Rules, part 8700.1000
4.26 	8710.7200, subpart 3, items A and B, and that relate to speech-language pathology, shall 
4.27 	be considered:
4.28 	(i) offered by a sponsor of continuing education; and
4.29 	(ii) directly related to speech-language pathology;
4.30 	(2) activities that are approved in the categories of Minnesota Rules, part 8700.1000
4.31 	8710.7200, subpart 3, shall be considered:
4.32 	(i) offered by a sponsor of continuing education; and
4.33 	(ii) generally related to speech-language pathology; and
4.34 	(3) one clock hour as defined in Minnesota Rules, part 8700.1000 8710.7200, 
4.35 	subpart 1, is equivalent to 1.0 contact hours of continuing education.
5.1 	(e) Contact hours may not be accumulated in advance and transferred to a future 
5.2 	continuing education period.

5.3 	Sec. 6. Minnesota Statutes 2004, section 148.5195, is amended by adding a subdivision 
5.4 	to read:
5.5 		Subd. 7. Authority to contract. The commissioner shall contract with the health 
5.6 	professionals services program as authorized by sections 214.31 to 214.37 to provide these 
5.7 	services to practitioners under this chapter. The health professionals services program 
5.8 	does not affect the commissioner's authority to discipline violations of chapter 214.

5.9 	Sec. 7. Minnesota Statutes 2004, section 148.6440, subdivision 7, is amended to read:
5.10 		Subd. 7.Approval. (a) The advisory council shall appoint a committee to review 
5.11 	documentation under subdivisions 2 to 6 to determine if established educational and 
5.12 	clinical requirements are met. If, after review of course documentation, the committee 
5.13 	verifies that a specific course meets the theoretical and clinical requirements in 
5.14 	subdivisions 2 to 6, the commissioner may approve practitioner applications that include 
5.15 	the required course documentation evidencing completion of the same course.
5.16 	(b) Occupational therapists shall be advised of the status of their request for approval 
5.17 	within 30 days. Occupational therapists must provide any additional information requested 
5.18 	by the committee that is necessary to make a determination regarding approval or denial.
5.19 	(c) A determination regarding a request for approval of training under this 
5.20 	subdivision shall be made in writing to the occupational therapist. If denied, the reason for 
5.21 	denial shall be provided.
5.22 	(d) A licensee who was approved by the commissioner as a level two provider prior 
5.23 	to July 1, 1999, shall remain on the roster maintained by the commissioner in accordance 
5.24 	with subdivision 1, paragraph (c).
5.25 	(e) To remain on the roster maintained by the commissioner, a licensee who was 
5.26 	approved by the commissioner as a level one provider prior to July 1, 1999, must submit to 
5.27 	the commissioner documentation of training and experience gained using physical agent 
5.28 	modalities since the licensee's approval as a level one provider. The committee appointed 
5.29 	under paragraph (a) shall review the documentation and make a recommendation to the 
5.30 	commissioner regarding approval.
5.31 	(f) An occupational therapist who received training in the use of physical agent 
5.32 	modalities prior to July 1, 1999, but who has not been placed on the roster of approved 
5.33 	providers may submit to the commissioner documentation of training and experience 
5.34 	gained using physical agent modalities. The committee appointed under paragraph (a) 
6.1 	shall review documentation and make a recommendation to the commissioner regarding 
6.2 	approval.

6.3 	Sec. 8. Minnesota Statutes 2004, section 148.6443, subdivision 2, is amended to read:
6.4 		Subd. 2.Standards for determining qualified continuing education activities.
 6.5 	Except as provided in subdivision 3, paragraph (f), in order to qualify as a continuing 
6.6 	education activity, the activity must:
6.7 	(1) constitute an organized program of learning;
6.8 	(2) reasonably be expected to advance the knowledge and skills of the occupational 
6.9 	therapy practitioner;
6.10 	(3) pertain to subjects that directly relate to the practice of occupational therapy;
6.11 	(4) be conducted by a sponsor approved by the American Occupational Therapy 
6.12 	Association or by individuals who have education, training, and experience by reason of 
6.13 	which the individuals should be considered experts on the subject matter of the activity; 
6.14 	and
6.15 	(5) be presented by a sponsor who has a mechanism to verify participation and 
6.16 	maintains attendance records for three years.

6.17 	Sec. 9. Minnesota Statutes 2004, section 148.6443, subdivision 3, is amended to read:
6.18 		Subd. 3.Activities qualifying for continuing education contact hours. (a) The 
6.19 	activities in this subdivision qualify for continuing education contact hours if they meet all 
6.20 	other requirements of this section.
6.21 	(b) A minimum of one-half of the required contact hours must be directly related 
6.22 	to the occupational therapy practice. The remaining contact hours may be related to 
6.23 	occupational therapy practice, the delivery of occupational therapy services, or to the 
6.24 	practitioner's current professional role. 
6.25 	(c) A licensee may obtain an unlimited number of contact hours in any two-year 
6.26 	continuing education period through participation in the following:
6.27 	(1) attendance at educational programs of annual conferences, lectures, panel 
6.28 	discussions, workshops, in-service training, seminars, and symposiums;
6.29 	(2) successful completion of college or university courses. The licensee must obtain 
6.30 	a grade of at least a "C" or a pass in a pass or fail course in order to receive the following 
6.31 	continuing education credits:
6.32 	(i) one semester credit equals 14 contact hours;
6.33 	(ii) one trimester credit equals 12 contact hours; and
6.34 	(iii) one quarter credit equals ten contact hours; and
7.1 	(3) successful completion of home study courses that require the participant to 
7.2 	demonstrate the participant's knowledge following completion of the course.
7.3 	(c)(d)  A licensee may obtain a maximum of six contact hours in any two-year 
7.4 	continuing education period for:
7.5 	(1) teaching continuing education courses that meet the requirements of this section. 
7.6 	A licensee is entitled to earn a maximum of two contact hours as preparation time for 
7.7 	each contact hour of presentation time. Contact hours may be claimed only once for 
7.8 	teaching the same course in any two-year continuing education period. A course schedule 
7.9 	or brochure must be maintained for audit.;
7.10 	(2) supervising occupational therapist or occupational therapy assistant students. A 
7.11 	licensee may earn one contact hour for every eight hours of student supervision. Licensees 
7.12 	must maintain a log indicating the name of each student supervised and the hours each 
7.13 	student was supervised. Contact hours obtained by student supervision must be obtained 
7.14 	by supervising students from an occupational therapy education program accredited by the 
7.15 	Accreditation Council for Occupational Therapy Education;
7.16 	(3) teaching or participating in courses related to leisure activities, recreational 
7.17 	activities, or hobbies if the practitioner uses these interventions within the petitioner's 
7.18 	current practice or employment; and
7.19 	(4) engaging in research activities or outcome studies that are associated with grants, 
7.20 	postgraduate studies, or publications in professional journals or books.
7.21 	(d)(e)  A licensee may obtain a maximum of two contact hours in any two-year 
7.22 	continuing education period for continuing education activities in the following areas:
7.23 	(1) business-related topics: marketing, time management, administration, risk 
7.24 	management, government regulations, techniques for training professionals, computer 
7.25 	skills, payment systems, including covered services, coding, documentation, billing, 
7.26 	and similar topics;
7.27 	(2) personal skill topics: career burnout, communication skills, human relations, and 
7.28 	similar topics; and
7.29 	(3) training that is obtained in conjunction with a licensee's employment, occurs 
7.30 	during a licensee's normal workday, and does not include subject matter specific to the 
7.31 	fundamentals of occupational therapy.
7.32 	(e) An occupational therapy practitioner that utilizes leisure activities, recreational 
7.33 	activities, or hobbies as part of occupational therapy services in the practitioner's current 
7.34 	work setting may obtain a maximum of six contact hours in any two-year continuing 
7.35 	education period for participation in courses teaching these activities.
8.1 	(f) A licensee may obtain a maximum of six contact hours in any two-year continuing 
8.2 	education period for supervision of occupational therapist or occupational therapy 
8.3 	assistant students. A licensee may earn one contact hour for every eight hours of student 
8.4 	supervision. Licensees must maintain a log indicating the name of each student supervised 
8.5 	and the hours each student was supervised. Contact hours obtained by student supervision 
8.6 	must be obtained by supervising students from an occupational therapy education program 
8.7 	accredited by the Accreditation Council for Occupational Therapy Education.

8.8 	Sec. 10. Minnesota Statutes 2004, section 148.6443, subdivision 4, is amended to read:
8.9 		Subd. 4.Activities not qualifying for continuing education contact hours. No 
8.10 	credit shall be granted for the following activities: hospital rounds, entertainment or 
8.11 	recreational activities, employment orientation sessions, holding an office or serving as an 
8.12 	organizational delegate, meetings for the purpose of making policy, and  noneducational 
8.13 	association meetings, training related to payment systems, including covered services, 
8.14 	coding, and billing.

8.15 	Sec. 11. Minnesota Statutes 2004, section 148.6448, is amended by adding a 
8.16 	subdivision to read:
8.17 		Subd. 6.Authority to contract.  The commissioner shall contract with the health 
8.18 	professionals services program as authorized by sections 214.31 to 214.37 to provide these 
8.19 	services to practitioners under this chapter. The health professionals services program 
8.20 	does not affect the commissioner's authority to discipline violations of chapter 214. 

8.21 	Sec. 12. Minnesota Statutes 2004, section 153A.13, subdivision 4, is amended to read:
8.22 		Subd. 4.Hearing instrument dispensing. "Hearing instrument dispensing" means 
8.23 	making ear mold impressions, prescribing, or recommending a hearing instrument, 
8.24 	assisting the consumer in instrument selection, selling hearing instruments at retail, or 
8.25 	testing human hearing in connection with these activities when regardless of whether
8.26 	the person conducting these activities has a monetary interest in the sale of hearing 
8.27 	instruments to the consumer.

8.28 	Sec. 13. Minnesota Statutes 2004, section 153A.15, is amended by adding a 
8.29 	subdivision to read:
8.30 		Subd. 5.Authority to contract. The commissioner shall contract with the health 
8.31 	professionals services program as authorized by sections 214.31 to 214.37 to provide these 
9.1 	services to practitioners under this chapter. The health professionals services program 
9.2 	does not affect the commissioner's authority to discipline violations of chapter 214.