1.1 	A bill for an act
1.2 	relating to health occupations; establishing a licensure system for speech-language 
1.3 	pathology assistants; setting licensure fees;amending Minnesota Statutes 2016, 
1.4 	sections 148.512, subdivision 17a; 148.513, subdivisions 1, 2, by adding a 
1.5 	subdivision; 148.515, subdivision 1; 148.516; 148.519, by adding a subdivision; 
1.6 	148.5192, subdivision 1; 148.5193, by adding a subdivision; 148.5194, subdivision 
1.7 	8, by adding a subdivision; 148.5195, subdivision 3; 148.5196, subdivision 3; 
1.8 	Minnesota Statutes 2017 Supplement, sections 148.519, subdivision 1; 148.5193, 
1.9 	subdivision 1; 148.5196, subdivision 1; proposing coding for new law in Minnesota 
1.10 	Statutes, chapter 148.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2016, section 148.512, subdivision 17a, is amended to read:
1.13 		Subd. 17a.Speech-language pathology assistant. "Speech-language pathology assistant" 
1.14 	means a person who provides speech-language pathology services under the supervision of 
1.15 	a licensed speech-language pathologist in accordance with section 148.5192 practices 
1.16 	speech-language pathology assisting, meets the requirements under section 148.5185 or 
1.17 	148.5186, and is licensed by the commissioner.

1.18 	EFFECTIVE DATE. This section is effective January 1, 2019.

1.19 	Sec. 2. Minnesota Statutes 2016, section 148.513, subdivision 1, is amended to read:
1.20 		Subdivision 1.Unlicensed practice prohibited. A person must not engage in the practice 
1.21 	of speech-language pathology or, audiology, or speech-language pathology assisting unless 
1.22 	the person is licensed as a speech-language pathologist or, an audiologist, or a 
1.23 	speech-language pathology assistant under sections 148.511 to 148.5198or is practicing as 
1.24 	a speech-language pathology assistant in accordance with section 148.5192. For purposes 
2.1 	of this subdivision, a speech-language pathology assistant's duties are limited to the duties 
2.2 	described in accordance with section 148.5192, subdivision 2.

2.3 	EFFECTIVE DATE. This section is effective January 1, 2019.

2.4 	Sec. 3. Minnesota Statutes 2016, section 148.513, subdivision 2, is amended to read:
2.5 		Subd. 2.Protected titles and restrictions on use; speech-language pathologists and 
2.6 	audiologists. (a) Notwithstanding paragraph (b) Except as provided in subdivision 2b, the 
2.7 	use of the following terms or initials which represent the following terms, alone or in 
2.8 	combination with any word or words, by any person to form an occupational title is prohibited 
2.9 	unless that person is licensed as a speech-language pathologist or audiologist under sections 
2.10 	148.511 to 148.5198:
2.11 	(1) speech-language;
2.12 	(2) speech-language pathologist, S, SP, or SLP;
2.13 	(3) speech pathologist;
2.14 	(4) language pathologist;
2.15 	(5) audiologist, A, or AUD;
2.16 	(6) speech therapist;
2.17 	(7) speech clinician;
2.18 	(8) speech correctionist;
2.19 	(9) language therapist;
2.20 	(10) voice therapist;
2.21 	(11) voice pathologist;
2.22 	(12) logopedist;
2.23 	(13) communicologist;
2.24 	(14) aphasiologist;
2.25 	(15) phoniatrist;
2.26 	(16) audiometrist;
2.27 	(17) audioprosthologist;
2.28 	(18) hearing therapist;
3.1 	(19) hearing clinician; or
3.2 	(20) hearing aid audiologist.
3.3 	Use of the term "Minnesota licensed" in conjunction with the titles protected under this 
3.4 	paragraph subdivision by any person is prohibited unless that person is licensed as a 
3.5 	speech-language pathologist or audiologist under sections 148.511 to 148.5198.
3.6 	(b) A speech-language pathology assistant practicing under section 148.5192 must not 
3.7 	represent, indicate, or imply to the public that the assistant is a licensed speech-language 
3.8 	pathologist and shall only utilize one of the following titles: "speech-language pathology 
3.9 	assistant," "SLP assistant," or "SLP asst."

3.10 	EFFECTIVE DATE. This section is effective January 1, 2019.

3.11 	Sec. 4. Minnesota Statutes 2016, section 148.513, is amended by adding a subdivision to 
3.12 	read:
3.13 		Subd. 2b.Protected titles and restrictions on use; speech-language pathology 
3.14 	assistants.  (a) Use of the following titles is prohibited, unless that person is licensed under 
3.15 	section 148.5185 or 148.5186: "speech-language pathology assistant," "SLP assistant," or 
3.16 	"SLP asst."
3.17 	(b) A speech-language pathology assistant licensed under section 148.5185 or 148.5186 
3.18 	must not represent, indicate, or imply to the public that the assistant is a licensed 
3.19 	speech-language pathologist and shall only utilize one of the following titles: 
3.20 	"speech-language pathology assistant," "SLP assistant," or "SLP asst." A speech-language 
3.21 	pathology assistant licensed under section 148.5185 or 148.5186 may use the term "licensed" 
3.22 	or "Minnesota licensed" in connection with a title listed in this paragraph. Use of the term 
3.23 	"Minnesota licensed" in conjunction with any of the titles protected under paragraph (a) by 
3.24 	any person is prohibited unless that person is licensed under section 148.5185 or 148.5186.

3.25 	EFFECTIVE DATE. This section is effective January 1, 2019.

3.26 	Sec. 5. Minnesota Statutes 2016, section 148.515, subdivision 1, is amended to read:
3.27 		Subdivision 1.Applicability. Except as provided in section 148.516 or 148.517, an 
3.28 	applicant for licensure as a speech-language pathologist or audiologist must meet the 
3.29 	requirements in this section.

3.30 	EFFECTIVE DATE. This section is effective January 1, 2019.

4.1 	Sec. 6. Minnesota Statutes 2016, section 148.516, is amended to read:
4.2 	148.516 LICENSURE BY EQUIVALENCY.
4.3 	An applicant who applies for licensure by equivalency as a speech-language pathologist 
4.4 	or audiologist must show evidence of possessing a current certificate of clinical competence 
4.5 	issued by the American Speech-Language-Hearing Association or board certification by 
4.6 	the American Board of Audiology and must meet the requirements of section 148.514.

4.7 	EFFECTIVE DATE. This section is effective January 1, 2019.

4.8 	Sec. 7. [148.5185] RESTRICTED LICENSURE; SPEECH-LANGUAGE 
4.9 	PATHOLOGY ASSISTANTS.
4.10 		Subdivision 1.Qualifications for a restricted license. To be eligible for restricted 
4.11 	licensure as a speech-language pathology assistant, an applicant must satisfy the requirements 
4.12 	in subdivision 2, 3, or 4.
4.13 		Subd. 2.Person practicing as a speech-language pathology assistant before January 
4.14 	1, 2019. (a) A person who is practicing as a speech-language pathology assistant before 
4.15 	January 1, 2019, and who does not meet the qualifications for a license under section 
4.16 	148.5186 may apply for a restricted speech-language pathology assistant license from the 
4.17 	commissioner. An applicant under this paragraph must submit to the commissioner:
4.18 	(1) proof of current employment as a speech-language pathology assistant; and
4.19 	(2) a signed affidavit affirming supervision, from the licensed speech-language pathologist 
4.20 	currently supervising the applicant.
4.21 	(b) In order to be licensed as a speech-language pathology assistant under section 
4.22 	148.5186, a licensee with a restricted license under this subdivision must obtain an associate 
4.23 	degree from a speech-language pathology assistant program that is accredited by the Higher 
4.24 	Learning Commission of the North Central Association of Colleges or its equivalent, as 
4.25 	approved by the commissioner, and that includes (1) coursework on an introduction to 
4.26 	communication disorders, phonetics, language development, articulation disorders, language 
4.27 	disorders, anatomy of speech/language hearing, stuttering, adult communication disorders, 
4.28 	and clinical documentations and materials management; and (2) at least 100 hours of 
4.29 	supervised field work experience in speech-language pathology assisting. Upon completion 
4.30 	of the requirements in this paragraph prior to January 1, 2025, a licensee with a restricted 
4.31 	license under this subdivision is eligible to apply for licensure under section 148.5186.
5.1 		Subd. 3.Person with a bachelor's degree in communication sciences or disorders 
5.2 	and practicing as a speech-language pathology assistant before January 1, 2019. (a) A 
5.3 	person with a bachelor's degree in the discipline of communication sciences or disorders 
5.4 	and who is practicing as a speech-language pathology assistant before January 1, 2019, but 
5.5 	who does not meet the qualifications for a license under section 148.5186, may apply for a 
5.6 	restricted speech-language pathology assistant license from the commissioner. An applicant 
5.7 	under this paragraph must submit to the commissioner:
5.8 	(1) a transcript from an educational institution documenting satisfactory completion of 
5.9 	a bachelor's degree in the discipline of communication sciences or disorders;
5.10 	(2) proof of current employment as a speech-language pathology assistant; and
5.11 	(3) a signed affidavit affirming supervision, from the licensed speech-language pathologist 
5.12 	currently supervising the applicant.
5.13 	(b) In order to be licensed as a speech-language pathology assistant under section 
5.14 	148.5186, a licensee with a restricted license under this subdivision must complete (1) 
5.15 	coursework from a speech-language pathology assistant program in articulation disorders, 
5.16 	language disorders, adult communication disorders, and stuttering; and (2) at least 100 hours 
5.17 	of supervised field work experience in speech-language pathology assisting. Upon completion 
5.18 	of the requirements in this paragraph prior to January 1, 2025, a licensee with a restricted 
5.19 	license under this subdivision is eligible to apply for licensure under section 148.5186.
5.20 		Subd. 4.Person with an associate degree from a program that does not meet 
5.21 	requirements in section 148.5186. (a) A person with an associate degree from a 
5.22 	speech-language pathology assistant program that does not meet the requirements in section 
5.23 	148.5186, subdivision 1, clause (1), may apply for a restricted speech-language pathology 
5.24 	assistant license from the commissioner. An applicant under this paragraph must submit to 
5.25 	the commissioner a transcript from an educational institution documenting satisfactory 
5.26 	completion of an associate degree from a speech-language pathology assistant program. If 
5.27 	the commissioner determines that the applicant's speech-language pathology assistant 
5.28 	program does not include coursework or supervised field work experience that is equivalent 
5.29 	to a program under section 148.5186, subdivision 1, clause (1), the commissioner may issue 
5.30 	a restricted license to the applicant.
5.31 	(b) In order to be licensed as a speech-language pathology assistant under section 
5.32 	148.5186, a licensee with a restricted license under this subdivision must complete any 
5.33 	missing coursework or supervised field work experience, as determined by the commissioner, 
5.34 	in a speech-language pathology assisting program. Upon completion of the requirements 
6.1 	in this paragraph prior to January 1, 2025, a licensee with a restricted license under this 
6.2 	subdivision is eligible to apply for licensure under section 148.5186.
6.3 		Subd. 5.Additional requirements; restricted license. (a) A restricted license issued 
6.4 	under subdivision 2, 3, or 4 may be renewed biennially until January 1, 2025.
6.5 	(b) A licensee with a restricted license under subdivision 2 or 3 may only practice 
6.6 	speech-language pathology assisting for the employer with whom the licensee was employed 
6.7 	when the licensee applied for licensure.
6.8 		Subd. 6.Continuing education. In order to renew a restricted license, a licensee must 
6.9 	comply with the continuing education requirements in section 148.5193, subdivision 1a.
6.10 		Subd. 7.Scope of practice. Scope of practice for a speech-language pathology assistant 
6.11 	licensed under this section is governed by section 148.5192, subdivision 2.

6.12 	EFFECTIVE DATE. This section is effective January 1, 2019.

6.13 	Sec. 8. [148.5186] LICENSURE; SPEECH-LANGUAGE PATHOLOGY 
6.14 	ASSISTANTS.
6.15 		Subdivision 1.Requirements for licensure. To be eligible for licensure as a 
6.16 	speech-language pathology assistant, an applicant must submit to the commissioner a 
6.17 	transcript from an educational institution documenting satisfactory completion of either:
6.18 	(1) an associate degree from a speech-language pathology assistant program that is 
6.19 	accredited by the Higher Learning Commission of the North Central Association of Colleges 
6.20 	or its equivalent as approved by the commissioner, which includes at least 100 hours of 
6.21 	supervised field work experience in speech-language pathology assisting; or
6.22 	(2) a bachelor's degree in the discipline of communication sciences or disorders and a 
6.23 	speech-language pathology assistant certificate program that includes (i) coursework in an 
6.24 	introduction to speech-language pathology assisting, stuttering, articulation disorders, and 
6.25 	language disorders; and (ii) at least 100 hours of supervised field work experience in 
6.26 	speech-language pathology assisting.
6.27 		Subd. 2.Licensure by equivalency. An applicant who applies for licensure by 
6.28 	equivalency as a speech-language pathology assistant must provide evidence to the 
6.29 	commissioner of satisfying the requirements in subdivision 1.
6.30 		Subd. 3.Scope of practice. Scope of practice for a speech-language pathology assistant 
6.31 	licensed under this section is governed by section 148.5192, subdivision 2.

7.1 	EFFECTIVE DATE. This section is effective January 1, 2019.

7.2 	Sec. 9. Minnesota Statutes 2017 Supplement, section 148.519, subdivision 1, is amended 
7.3 	to read:
7.4 		Subdivision 1.Applications for licensure; speech-language pathologists and 
7.5 	audiologists. (a) An applicant for licensure as a speech-language pathologist or audiologist 
7.6 	must:
7.7 	(1) submit a completed application for licensure on forms provided by the commissioner. 
7.8 	The application must include the applicant's name, certification number under chapter 153A, 
7.9 	if applicable, business address and telephone number, or home address and telephone number 
7.10 	if the applicant practices speech-language pathology or audiology out of the home, and a 
7.11 	description of the applicant's education, training, and experience, including previous work 
7.12 	history for the five years immediately preceding the date of application. The commissioner 
7.13 	may ask the applicant to provide additional information necessary to clarify information 
7.14 	submitted in the application; and
7.15 	(2) submit documentation of the certificate of clinical competence issued by the American 
7.16 	Speech-Language-Hearing Association, board certification by the American Board of 
7.17 	Audiology, or satisfy the following requirements:
7.18 	(i) submit a transcript showing the completion of a master's or doctoral degree or its 
7.19 	equivalent meeting the requirements of section 148.515, subdivision 2;
7.20 	(ii) submit documentation of the required hours of supervised clinical training;
7.21 	(iii) submit documentation of the postgraduate clinical or doctoral clinical experience 
7.22 	meeting the requirements of section 148.515, subdivision 4; and
7.23 	(iv) submit documentation of receiving a qualifying score on an examination meeting 
7.24 	the requirements of section 148.515, subdivision 6.
7.25 	(b) In addition, an applicant must:
7.26 	(1) sign a statement that the information in the application is true and correct to the best 
7.27 	of the applicant's knowledge and belief;
7.28 	(2) submit with the application all fees required by section 148.5194;
7.29 	(3) sign a waiver authorizing the commissioner to obtain access to the applicant's records 
7.30 	in this or any other state in which the applicant has engaged in the practice of speech-language 
7.31 	pathology or audiology; and
8.1 	(4) consent to a fingerprint-based criminal history background check as required under 
8.2 	section 144.0572, pay all required fees, and cooperate with all requests for information. An 
8.3 	applicant must complete a new criminal history background check if more than one year 
8.4 	has elapsed since the applicant last applied for a license.

8.5 	EFFECTIVE DATE. This section is effective January 1, 2019.

8.6 	Sec. 10. Minnesota Statutes 2016, section 148.519, is amended by adding a subdivision 
8.7 	to read:
8.8 		Subd. 1a.Applications for licensure; speech-language pathology assistants. An 
8.9 	applicant for licensure as a speech-language pathology assistant must submit to the 
8.10 	commissioner:
8.11 	(1) a completed application on forms provided by the commissioner. The application 
8.12 	must include the applicant's name, business address and telephone number, home address 
8.13 	and telephone number, and a description of the applicant's education, training, and experience, 
8.14 	including previous work history for the five years immediately preceding the application 
8.15 	date. The commissioner may ask the applicant to provide additional information needed to 
8.16 	clarify information submitted in the application;
8.17 	(2) documentation that the applicant satisfied one of the qualifications listed in section 
8.18 	148.5185 or 148.5186;
8.19 	(3) a signed statement that the information in the application is true and correct to the 
8.20 	best of the applicant's knowledge and belief;
8.21 	(4) all fees required under section 148.5194; and
8.22 	(5) a signed waiver authorizing the commissioner to obtain access to the applicant's 
8.23 	records in this or any other state in which the applicant has worked as a speech-language 
8.24 	pathology assistant.

8.25 	EFFECTIVE DATE. This section is effective January 1, 2019.

8.26 	Sec. 11. Minnesota Statutes 2016, section 148.5192, subdivision 1, is amended to read:
8.27 		Subdivision 1.Delegation requirements. A licensed speech-language pathologist may 
8.28 	delegate duties to a speech-language pathology assistant in accordance with this section. 
8.29 	Duties may only be delegated to an individual who has documented with a transcript from 
8.30 	an educational institution satisfactory completion of either:
9.1 	(1) an associate degree from a speech-language pathology assistant program that is 
9.2 	accredited by the Higher Learning Commission of the North Central Association of Colleges 
9.3 	or its equivalent as approved by the commissioner; or
9.4 	(2) a bachelor's degree in the discipline of communication sciences or disorders with 
9.5 	additional transcript credit in the area of instruction in assistant-level service delivery 
9.6 	practices and completion of at least 100 hours of supervised field work experience as a 
9.7 	speech-language pathology assistant student is licensed under section 148.5185 or 148.5186.

9.8 	EFFECTIVE DATE. This section is effective January 1, 2019.

9.9 	Sec. 12. Minnesota Statutes 2017 Supplement, section 148.5193, subdivision 1, is amended 
9.10 	to read:
9.11 		Subdivision 1.Number of contact hours required. (a) An applicant for licensure 
9.12 	renewal as a speech-language pathologist or audiologist must meet the requirements for 
9.13 	continuing education stipulated by the American Speech-Language-Hearing Association 
9.14 	or the American Board of Audiology, or satisfy the requirements described in paragraphs 
9.15 	(b) to (e).
9.16 	(b) Within one month following expiration of a license, an applicant for licensure renewal 
9.17 	as either a speech-language pathologist or an audiologist must provide evidence to the 
9.18 	commissioner of a minimum of 30 contact hours of continuing education obtained within 
9.19 	the two years immediately preceding licensure expiration. A minimum of 20 contact hours 
9.20 	of continuing education must be directly related to the licensee's area of licensure. Ten 
9.21 	contact hours of continuing education may be in areas generally related to the licensee's 
9.22 	area of licensure. Licensees who are issued licenses for a period of less than two years shall 
9.23 	prorate the number of contact hours required for licensure renewal based on the number of 
9.24 	months licensed during the biennial licensure period. Licensees shall receive contact hours 
9.25 	for continuing education activities only for the biennial licensure period in which the 
9.26 	continuing education activity was performed.
9.27 	(c) An applicant for licensure renewal as both a speech-language pathologist and an 
9.28 	audiologist must attest to and document completion of a minimum of 36 contact hours of 
9.29 	continuing education offered by a continuing education sponsor within the two years 
9.30 	immediately preceding licensure renewal. A minimum of 15 contact hours must be received 
9.31 	in the area of speech-language pathology and a minimum of 15 contact hours must be 
9.32 	received in the area of audiology. Six contact hours of continuing education may be in areas 
9.33 	generally related to the licensee's areas of licensure. Licensees who are issued licenses for 
9.34 	a period of less than two years shall prorate the number of contact hours required for licensure 
10.1 	renewal based on the number of months licensed during the biennial licensure period. 
10.2 	Licensees shall receive contact hours for continuing education activities only for the biennial 
10.3 	licensure period in which the continuing education activity was performed.
10.4 	(d) If the licensee is licensed by the Professional Educator Licensing and Standards 
10.5 	Board:
10.6 	(1) activities that are approved in the categories of Minnesota Rules, part 8710.7200, 
10.7 	subpart 3, items A and B, and that relate to speech-language pathology, shall be considered:
10.8 	(i) offered by a sponsor of continuing education; and
10.9 	(ii) directly related to speech-language pathology;
10.10 	(2) activities that are approved in the categories of Minnesota Rules, part 8710.7200, 
10.11 	subpart 3, shall be considered:
10.12 	(i) offered by a sponsor of continuing education; and
10.13 	(ii) generally related to speech-language pathology; and
10.14 	(3) one clock hour as defined in Minnesota Rules, part 8710.7200, subpart 1, is equivalent 
10.15 	to 1.0 contact hours of continuing education.
10.16 	(e) Contact hours may not be accumulated in advance and transferred to a future 
10.17 	continuing education period.

10.18 	EFFECTIVE DATE. This section is effective January 1, 2019.

10.19 	Sec. 13. Minnesota Statutes 2016, section 148.5193, is amended by adding a subdivision 
10.20 	to read:
10.21 		Subd. 1a.Continuing education; speech-language pathology assistants. An applicant 
10.22 	for licensure renewal as a speech-language pathology assistant must meet the requirements 
10.23 	for continuing education established by the commissioner.

10.24 	EFFECTIVE DATE. This section is effective January 1, 2019.

10.25 	Sec. 14. Minnesota Statutes 2016, section 148.5194, is amended by adding a subdivision 
10.26 	to read:
10.27 		Subd. 3b.Speech-language pathology assistant biennial licensure fee. The fee for 
10.28 	initial speech-language pathology assistant licensure and licensure renewal under section 
10.29 	148.5185 or 148.5186 is $.......

10.30 	EFFECTIVE DATE. This section is effective January 1, 2019.

11.1 	Sec. 15. Minnesota Statutes 2016, section 148.5194, subdivision 8, is amended to read:
11.2 		Subd. 8.Penalty fees. (a) The penalty fee for practicing speech-language pathology or 
11.3 	audiology or using protected titles without a current license after the credential has expired 
11.4 	and before it is renewed is the amount of the license renewal fee for any part of the first 
11.5 	month, plus the license renewal fee for any part of any subsequent month up to 36 months.
11.6 	The penalty fee for a speech-language pathology assistant who practices speech-language 
11.7 	pathology assisting or uses protected titles without a current license after a license has 
11.8 	expired and before it is renewed is the amount of the license renewal fee for any part of the 
11.9 	first month, plus the license renewal fee for any part of any subsequent month up to 36 
11.10 	months.
11.11 	(b) The penalty fee for applicants who engage in the unauthorized practice of 
11.12 	speech-language pathology or audiology or using protected titles before being issued a 
11.13 	license is the amount of the license application fee for any part of the first month, plus the 
11.14 	license application fee for any part of any subsequent month up to 36 months. The penalty 
11.15 	fee for a speech-language pathology assistant who engages in the unauthorized practice of 
11.16 	speech-language pathology assisting or uses protected titles without being issued a license 
11.17 	is the amount of the license application fee for any part of the first month, plus the license 
11.18 	application fee for any part of any subsequent month up to 36 months. This paragraph does 
11.19 	not apply to applicants not qualifying for a license who engage in the unauthorized practice 
11.20 	of speech language pathology or audiology.
11.21 	(c) The penalty fee for practicing speech-language pathology or audiology and failing 
11.22 	to submit a continuing education report by the due date with the correct number or type of 
11.23 	hours in the correct time period is $100 plus $20 for each missing clock hour. The penalty 
11.24 	fee for a licensed speech-language pathology assistant who fails to submit a continuing 
11.25 	education report by the due date with the correct number or type of hours in the correct time 
11.26 	period is $100 plus $20 for each missing clock hour. "Missing" means not obtained between 
11.27 	the effective and expiration dates of the certificate, the one-month period following the 
11.28 	certificate expiration date, or the 30 days following notice of a penalty fee for failing to 
11.29 	report all continuing education hours. The licensee must obtain the missing number of 
11.30 	continuing education hours by the next reporting due date.
11.31 	(d) Civil penalties and discipline incurred by licensees prior to August 1, 2005, for 
11.32 	conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty 
11.33 	fees. For conduct described in paragraph (a) or (b) occurring after August 1, 2005, and 
11.34 	exceeding six months, payment of a penalty fee does not preclude any disciplinary action 
11.35 	reasonably justified by the individual case.

12.1 	EFFECTIVE DATE. This section is effective January 1, 2019.

12.2 	Sec. 16. Minnesota Statutes 2016, section 148.5195, subdivision 3, is amended to read:
12.3 		Subd. 3.Grounds for disciplinary action by commissioner. The commissioner may 
12.4 	take any of the disciplinary actions listed in subdivision 4 on proof that the individual has:
12.5 	(1) intentionally submitted false or misleading information to the commissioner or the 
12.6 	advisory council;
12.7 	(2) failed, within 30 days, to provide information in response to a written request by the 
12.8 	commissioner or advisory council;
12.9 	(3) performed services of a speech-language pathologist or, audiologist, or 
12.10 	speech-language pathology assistant in an incompetent or negligent manner;
12.11 	(4) violated sections 148.511 to 148.5198;
12.12 	(5) failed to perform services with reasonable judgment, skill, or safety due to the use 
12.13 	of alcohol or drugs, or other physical or mental impairment;
12.14 	(6) violated any state or federal law, rule, or regulation, and the violation is a felony or 
12.15 	misdemeanor, an essential element of which is dishonesty, or which relates directly or 
12.16 	indirectly to the practice of speech-language pathology or, audiology, or speech-language 
12.17 	pathology assisting. Conviction for violating any state or federal law which relates to 
12.18 	speech-language pathology or, audiology, or speech-language pathology assisting is 
12.19 	necessarily considered to constitute a violation, except as provided in chapter 364;
12.20 	(7) aided or abetted another person in violating any provision of sections 148.511 to 
12.21 	148.5198;
12.22 	(8) been or is being disciplined by another jurisdiction, if any of the grounds for the 
12.23 	discipline is the same or substantially equivalent to those under sections 148.511 to 148.5198;
12.24 	(9) not cooperated with the commissioner or advisory council in an investigation 
12.25 	conducted according to subdivision 1;
12.26 	(10) advertised in a manner that is false or misleading;
12.27 	(11) engaged in conduct likely to deceive, defraud, or harm the public; or demonstrated 
12.28 	a willful or careless disregard for the health, welfare, or safety of a client;
12.29 	(12) failed to disclose to the consumer any fee splitting or any promise to pay a portion 
12.30 	of a fee to any other professional other than a fee for services rendered by the other 
12.31 	professional to the client;
13.1 	(13) engaged in abusive or fraudulent billing practices, including violations of federal 
13.2 	Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical 
13.3 	assistance laws;
13.4 	(14) obtained money, property, or services from a consumer through the use of undue 
13.5 	influence, high pressure sales tactics, harassment, duress, deception, or fraud;
13.6 	(15) performed services for a client who had no possibility of benefiting from the services;
13.7 	(16) failed to refer a client for medical evaluation or to other health care professionals 
13.8 	when appropriate or when a client indicated symptoms associated with diseases that could 
13.9 	be medically or surgically treated;
13.10 	(17) had the certification required by chapter 153A denied, suspended, or revoked 
13.11 	according to chapter 153A;
13.12 	(18) used the term doctor of audiology, doctor of speech-language pathology, AuD, or 
13.13 	SLPD without having obtained the degree from an institution accredited by the North Central 
13.14 	Association of Colleges and Secondary Schools, the Council on Academic Accreditation 
13.15 	in Audiology and Speech-Language Pathology, the United States Department of Education, 
13.16 	or an equivalent;
13.17 	(19) failed to comply with the requirements of section 148.5192 regarding supervision 
13.18 	of speech-language pathology assistants; or
13.19 	(20) if the individual is an audiologist or certified hearing instrument dispenser:
13.20 	(i) prescribed or otherwise recommended to a consumer or potential consumer the use 
13.21 	of a hearing instrument, unless the prescription from a physician or recommendation from 
13.22 	an audiologist or certified dispenser is in writing, is based on an audiogram that is delivered 
13.23 	to the consumer or potential consumer when the prescription or recommendation is made, 
13.24 	and bears the following information in all capital letters of 12-point or larger boldface type: 
13.25 	"THIS PRESCRIPTION OR RECOMMENDATION MAY BE FILLED BY, AND 
13.26 	HEARING INSTRUMENTS MAY BE PURCHASED FROM, THE LICENSED 
13.27 	AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE";
13.28 	(ii) failed to give a copy of the audiogram, upon which the prescription or 
13.29 	recommendation is based, to the consumer when the consumer requests a copy;
13.30 	(iii) failed to provide the consumer rights brochure required by section 148.5197, 
13.31 	subdivision 3;
14.1 	(iv) failed to comply with restrictions on sales of hearing instruments in sections 
14.2 	148.5197, subdivision 3, and 148.5198;
14.3 	(v) failed to return a consumer's hearing instrument used as a trade-in or for a discount 
14.4 	in the price of a new hearing instrument when requested by the consumer upon cancellation 
14.5 	of the purchase agreement;
14.6 	(vi) failed to follow Food and Drug Administration or Federal Trade Commission 
14.7 	regulations relating to dispensing hearing instruments;
14.8 	(vii) failed to dispense a hearing instrument in a competent manner or without appropriate 
14.9 	training;
14.10 	(viii) delegated hearing instrument dispensing authority to a person not authorized to 
14.11 	dispense a hearing instrument under this chapter or chapter 153A;
14.12 	(ix) failed to comply with the requirements of an employer or supervisor of a hearing 
14.13 	instrument dispenser trainee;
14.14 	(x) violated a state or federal court order or judgment, including a conciliation court 
14.15 	judgment, relating to the activities of the individual's hearing instrument dispensing; or
14.16 	(xi) failed to include on the audiogram the practitioner's printed name, credential type, 
14.17 	credential number, signature, and date.

14.18 	EFFECTIVE DATE. This section is effective January 1, 2019.

14.19 	Sec. 17. Minnesota Statutes 2017 Supplement, section 148.5196, subdivision 1, is amended 
14.20 	to read:
14.21 		Subdivision 1.Membership. The commissioner shall appoint 12 13 persons to a 
14.22 	Speech-Language Pathologist and Audiologist Advisory Council. The 12 13 persons must 
14.23 	include:
14.24 	(1) three public members, as defined in section 214.02. Two of the public members shall 
14.25 	be either persons receiving services of a speech-language pathologist or audiologist, or 
14.26 	family members of or caregivers to such persons, and at least one of the public members 
14.27 	shall be either a hearing instrument user or an advocate of one;
14.28 	(2) three speech-language pathologists licensed under sections 148.511 to 148.5198, 
14.29 	one of whom is currently and has been, for the five years immediately preceding the 
14.30 	appointment, engaged in the practice of speech-language pathology in Minnesota and each 
14.31 	of whom is employed in a different employment setting including, but not limited to, private 
14.32 	practice, hospitals, rehabilitation settings, educational settings, and government agencies;
15.1 	(3) one speech-language pathologist licensed under sections 148.511 to 148.5198, who 
15.2 	is currently and has been, for the five years immediately preceding the appointment, 
15.3 	employed by a Minnesota public school district or a Minnesota public school district 
15.4 	consortium that is authorized by Minnesota Statutes and who is licensed in speech-language 
15.5 	pathology by the Professional Educator Licensing and Standards Board;
15.6 	(4) three audiologists licensed under sections 148.511 to 148.5198, two of whom are 
15.7 	currently and have been, for the five years immediately preceding the appointment, engaged 
15.8 	in the practice of audiology and the dispensing of hearing instruments in Minnesota and 
15.9 	each of whom is employed in a different employment setting including, but not limited to, 
15.10 	private practice, hospitals, rehabilitation settings, educational settings, industry, and 
15.11 	government agencies;
15.12 	(5) one nonaudiologist hearing instrument dispenser recommended by a professional 
15.13 	association representing hearing instrument dispensers; and
15.14 	(6) one physician licensed under chapter 147 and certified by the American Board of 
15.15 	Otolaryngology, Head and Neck Surgery; and
15.16 	(7) one speech-language pathology assistant licensed under section 148.5186.

15.17 	EFFECTIVE DATE. This section is effective January 1, 2019.

15.18 	Sec. 18. Minnesota Statutes 2016, section 148.5196, subdivision 3, is amended to read:
15.19 		Subd. 3.Duties. The advisory council shall:
15.20 	(1) advise the commissioner regarding speech-language pathologist and, audiologist, 
15.21 	and speech-language pathology assistant licensure standards;
15.22 	(2) advise the commissioner regarding the delegation of duties to and the training required 
15.23 	for speech-language pathology assistants;
15.24 	(3) advise the commissioner on enforcement of sections 148.511 to 148.5198;
15.25 	(4) provide for distribution of information regarding speech-language pathologist and,
15.26 	audiologist, and speech-language pathology assistant licensure standards;
15.27 	(5) review applications and make recommendations to the commissioner on granting or 
15.28 	denying licensure or licensure renewal;
15.29 	(6) review reports of investigations relating to individuals and make recommendations 
15.30 	to the commissioner as to whether licensure should be denied or disciplinary action taken 
15.31 	against the individual;
16.1 	(7) advise the commissioner regarding approval of continuing education activities 
16.2 	provided by sponsors using the criteria in section 148.5193, subdivision 2; and
16.3 	(8) perform other duties authorized for advisory councils under chapter 214, or as directed 
16.4 	by the commissioner.

16.5 	EFFECTIVE DATE. This section is effective January 1, 2019.