as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/15/2001 |
1.1 A bill for an act 1.2 relating to health; establishing licensure for 1.3 speech-language pathology and audiology; amending 1.4 Minnesota Statutes 2000, sections 148.511; 148.512, 1.5 subdivisions 4, 6, 7, 14, 15, 16, 17, 18, and 20; 1.6 148.513; 148.514; 148.515; 148.516; 148.5161; 148.517; 1.7 148.518; 148.519; 148.5191; 148.5193, subdivisions 1, 1.8 4, 6, 6a, 7, and 8; 148.5194; 148.5195, subdivisions 1.9 2, 4, 5, and 6; 148.5196; 153A.14, subdivisions 2a and 1.10 2i; 153A.17; and 153A.20, subdivision 1; repealing 1.11 Minnesota Statutes 2000, section 148.512, subdivision 1.12 11. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. Minnesota Statutes 2000, section 148.511, is 1.15 amended to read: 1.16 148.511 [SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS1.17 SCOPE.] 1.18 Sections 148.511 to 148.5196 applyonlyto persons who are 1.19 applicants forregistrationlicensure, who areregistered1.20 licensed, who use protected titles,orwho represent that they 1.21 areregisteredlicensed, or who engage in the practice of 1.22 speech-language pathology or audiology. Sections 148.511 to 1.23 148.5196 do not apply to school personnel licensed by the board 1.24 of teaching under Minnesota Rules, part8700.55058710.6000, 1.25 provided that school personnelpracticingpractice within the 1.26 scope of their licensed occupationpreface titles protected1.27under section 148.513 with the words "school" or1.28"educational."as defined in Minnesota Rules, part 8710.6000. 1.29 Sec. 2. Minnesota Statutes 2000, section 148.512, 2.1 subdivision 4, is amended to read: 2.2 Subd. 4. [APPLICANT.] "Applicant" means a person who 2.3 applies to the commissioner forregistrationlicensure or 2.4registrationlicensure renewal. 2.5 Sec. 3. Minnesota Statutes 2000, section 148.512, 2.6 subdivision 6, is amended to read: 2.7 Subd. 6. [AUDIOLOGIST.] "Audiologist" means anatural2.8 person who engages in the practice of audiology, meets the 2.9 qualifications required by sections 148.511 to 148.5196, and 2.10registers as an audiologist withis licensed by the 2.11 commissioner.Audiologist also means a natural person using any2.12descriptive word with the title audiologist.2.13 Sec. 4. Minnesota Statutes 2000, section 148.512, 2.14 subdivision 7, is amended to read: 2.15 Subd. 7. [COMMISSIONER.] "Commissioner" means the 2.16 commissioner ofthe department ofhealth or a designee. 2.17 Sec. 5. Minnesota Statutes 2000, section 148.512, 2.18 subdivision 14, is amended to read: 2.19 Subd. 14. [REGISTERLICENSE ORREGISTEREDLICENSED.] 2.20"Register""License" or"registered""licensed" means the act or 2.21 status of anaturalperson who meets the requirements of 2.22 sections 148.511 to 148.5196and who is authorized by the2.23commissioner to use the titles in section 148.513. 2.24 Sec. 6. Minnesota Statutes 2000, section 148.512, 2.25 subdivision 15, is amended to read: 2.26 Subd. 15. [REGISTRANTLICENSEE.]"Registrant""Licensee" 2.27 meansa personan individual who meets the requirements of 2.28 sections 148.511 to 148.5196and is authorized by the2.29commissioner to use the titles in section 148.513. 2.30 Sec. 7. Minnesota Statutes 2000, section 148.512, 2.31 subdivision 16, is amended to read: 2.32 Subd. 16. [REGISTRATIONLICENSURE.]"Registration"2.33 "Licensure" is the system of regulation defined in section 2.34 214.001, subdivision 3, paragraph(c)(d), and is the process 2.35 specified in sections 148.511 to 148.5196. 2.36 Sec. 8. Minnesota Statutes 2000, section 148.512, 3.1 subdivision 17, is amended to read: 3.2 Subd. 17. [SPEECH-LANGUAGE PATHOLOGIST.] "Speech-language 3.3 pathologist" means a person who practices speech-language 3.4 pathology, meets the qualifications under sections 148.511 to 3.5 148.5196, andregisters withis licensed by the 3.6 commissioner.Speech-language pathologist also means a natural3.7person using, as an occupational title, a term identified in3.8section 148.513.3.9 Sec. 9. Minnesota Statutes 2000, section 148.512, 3.10 subdivision 18, is amended to read: 3.11 Subd. 18. [SUPERVISEE.] "Supervisee" meansan individuala 3.12 person who, under the direction or evaluation of a supervisor, 3.13 is: 3.14 (1) engaging in the supervised practice of speech-language 3.15 pathology or audiology; 3.16 (2) performing a function of supervised clinical training 3.17 as a student of speech-language pathology or audiology; or 3.18 (3) performing a function of supervised postgraduate 3.19 clinical experience in speech-language pathology or audiology. 3.20 Sec. 10. Minnesota Statutes 2000, section 148.512, 3.21 subdivision 20, is amended to read: 3.22 Subd. 20. [SUPERVISOR.] "Supervisor" means a person who 3.23 has the authority to direct or evaluate a supervisee and who is: 3.24 (1) aregisteredlicensed speech-language pathologist or 3.25 audiologist; or 3.26 (2) when the commissioner determines that supervision by a 3.27registeredlicensed speech-language pathologist or audiologist 3.28 as required in clause (1) is unobtainable, and in other 3.29 situations considered appropriate by the commissioner, a person 3.30 practicing speech-language pathology or audiology who holds a 3.31 current certificate of clinical competence from the American 3.32 Speech-Language-Hearing Association. 3.33 Sec. 11. Minnesota Statutes 2000, section 148.513, is 3.34 amended to read: 3.35 148.513 [LICENSURE; PROTECTED TITLES AND RESTRICTIONS ON 3.36 USE; EXEMPTIONS.] 4.1 Subdivision 1. [UNLICENSED PRACTICE PROHIBITED.] No person 4.2 shall engage in the practice of speech-language pathology or 4.3 audiology unless the person is licensed as a speech-language 4.4 pathologist or an audiologist, in accordance with sections 4.5 148.511 to 148.5196. 4.6 Subd. 2. [PROTECTED TITLES AND RESTRICTIONS ON USE.] (a)A4.7person shall not use a title relating to speech-language4.8pathology or audiology, except as provided in paragraphs (b) and4.9(c).4.10(b)Use of the following terms or initials which represent 4.11 the following terms, alone or in combination with any word or 4.12 words, by any person to form an occupational title is prohibited 4.13 unless that person isregisteredlicensed under sections 148.511 4.14 to 148.5196: 4.15 (1) speech-language; 4.16 (2) speech-language pathologist, S, SP, or SLP; 4.17 (3) speech pathologist; 4.18 (4) language pathologist; 4.19 (5) audiologist, A, or AUD; 4.20 (6) speech therapist; or 4.21 (7) speech clinician. 4.22(c)(b) Use of the term "Minnesotaregisteredlicensed" in 4.23 conjunction with the titles protected under this section by any 4.24 person is prohibited unless that person isregisteredlicensed 4.25 under sections 148.511 to 148.5196. 4.26 Subd. 3. [EXEMPTION.] Nothing in sections 148.6401 to 4.27 148.6450 shall prohibit the practice of any profession or 4.28 occupation licensed, certified, or registered by the state by 4.29 any person duly licensed, certified, or registered to practice 4.30 the profession or occupation or to perform any act that falls 4.31 within the scope of practice of the profession or occupation. 4.32 Sec. 12. Minnesota Statutes 2000, section 148.514, is 4.33 amended to read: 4.34 148.514 [GENERALREGISTRATIONLICENSURE REQUIREMENTS; 4.35 PROCEDURES AND QUALIFICATIONS.] 4.36 Subdivision 1. [GENERALREGISTRATIONLICENSURE 5.1 PROCEDURES.] An applicant forregistrationlicensure must: 5.2 (1) submit an application as required under section 5.3 148.519, subdivision 1; and 5.4 (2) submit all fees required under section 148.5194. 5.5 Subd. 2. [GENERALREGISTRATIONLICENSURE QUALIFICATIONS.] 5.6 An applicant forregistrationlicensure must possess the 5.7 qualifications required in one of the following clauses: 5.8 (1) a person who applies forregistrationlicensure and 5.9 does not meet the requirements in clause (2) or (3), must meet 5.10 the requirements in section 148.515; 5.11 (2) a person who applies forregistrationlicensure and who 5.12 has a current certificate of clinical competence issued by the 5.13 American Speech-Language-Hearing Association must meet the 5.14 requirements of section 148.516; or 5.15 (3) a person who applies forregistrationlicensure by 5.16 reciprocity must meet the requirements under section 148.517. 5.17 Sec. 13. Minnesota Statutes 2000, section 148.515, is 5.18 amended to read: 5.19 148.515 [QUALIFICATIONS FORREGISTRATIONLICENSURE.] 5.20 Subdivision 1. [APPLICABILITY.] Except as provided in 5.21 section 148.516 or 148.517, an applicant must meet the 5.22 requirements in this section. 5.23 Subd. 2. [MASTER'S OR DOCTORAL DEGREE REQUIRED.] (a) An 5.24 applicant must possess a master's or doctoral degree that meets 5.25 the requirements of paragraphs (b) to (h). 5.26 (b) All of the applicant's graduate coursework and clinical 5.27 practicum required in the professional area for which 5.28registrationlicensure is sought must have been initiated and 5.29 completed at an institution whose program was accredited by the 5.30 educational standards board of the American 5.31 Speech-Language-Hearing Association in the area for 5.32 whichregistrationlicensure is sought. 5.33 (c) The master's degree training must include a minimum of 5.34 112.5 quarter credits or 75 semester credits or their equivalent 5.35 of academic coursework that includes basic science coursework 5.36 and professional coursework. 6.1 (d) Applicants forregistrationlicensure in either 6.2 speech-language pathology or audiology must complete 40.5 6.3 quarter credits of the 112.5 quarter credits or 27 of the 75 6.4 semester credits or their equivalent in basic science 6.5 coursework, distributed as follows: 6.6 (1) nine quarter credits or six semester credits or their 6.7 equivalent must be in biological or physical sciences and 6.8 mathematics; 6.9 (2) nine quarter credits or six semester credits or their 6.10 equivalent must be in behavioral or social sciences, including 6.11 normal aspects of human behavior and communication; and 6.12 (3) 22.5 quarter credits or 15 semester credits or their 6.13 equivalent must be in basic human communication processes and 6.14 must include coursework in each of the following three areas of 6.15 speech, language, and hearing: 6.16 (i) the anatomic and physiologic bases; 6.17 (ii) the physical and psychophysical bases; and 6.18 (iii) the linguistic and psycholinguistic aspects. 6.19 (e) All applicants forregistrationlicensure must complete 6.20 54 quarter credits of the 112.5 quarter credits or 36 semester 6.21 credits of the 75 semester credits or their equivalent in 6.22 professional coursework. The coursework must include the 6.23 nature, prevention, evaluation, and treatment of speech, 6.24 language, and hearing disorders. The coursework must encompass 6.25 courses in speech, language, and hearing that concern disorders 6.26 primarily affecting children as well as disorders primarily 6.27 affecting adults. A minimum of 45 of the 54 quarter credits or 6.28 30 of the 36 semester credits or their equivalent must be 6.29 courses for which graduate credit was received. A minimum of 6.30 31.5 of the 45 quarter credits or 21 of the 30 semester credits 6.31 must be in the professional area for whichregistration6.32 licensure is sought. 6.33 (f) Applicants seekingregistrationlicensure as 6.34 speech-language pathologists must complete the following 6.35 professional coursework: 6.36 (1) 45 quarter credits of the 54 quarter credits of the 7.1 professional coursework or 30 semester credits of the 36 7.2 semester credits of the professional coursework or their 7.3 equivalent must be in courses pertaining to speech-language 7.4 pathology and nine quarter credits of the 54 quarter credits or 7.5 six semester credits of the 36 semester credits or their 7.6 equivalent in courses in the area of audiology; and 7.7 (2) the 45 quarter credits or 30 semester credits or their 7.8 equivalent pertaining to speech-language pathology must include 7.9 at least nine quarter credits or six semester credits or their 7.10 equivalent in speech disorders and nine quarter credits or six 7.11 semester credits or their equivalent in language disorders. The 7.12 nine quarter credits or six semester credits or their equivalent 7.13 in the area of audiology must include at least 4.5 quarter 7.14 credits or three semester credits or their equivalent in hearing 7.15 disorders and hearing evaluation and 4.5 quarter credits or 7.16 three semester credits or their equivalent in habilitative and 7.17 rehabilitative procedures. 7.18 (g) Applicants seekingregistrationlicensure as an 7.19 audiologist must complete professional coursework as follows: 7.20 (1) 45 quarter credits of the 54 quarter credits or 30 7.21 semester credits of the 36 semester credits or their equivalent 7.22 of coursework must be in audiology. At least nine quarter 7.23 credits of the 45 quarter credits or six semester credits of the 7.24 30 semester credits in audiology must be in hearing disorders 7.25 and hearing evaluation and at least nine quarter credits or six 7.26 semester credits or their equivalent must be in habilitative or 7.27 rehabilitative procedures with individuals who have hearing 7.28 impairment; and 7.29 (2) nine quarter credits of the 54 quarter credits or six 7.30 semester credits of the 36 semester credits or their equivalent 7.31 in the area of speech-language pathology. At least 4.5 quarter 7.32 credits of the nine quarter credits or three semester credits of 7.33 the six semester credits must be in speech disorders and at 7.34 least 4.5 quarter credits of the nine quarter credits or three 7.35 semester credits of the six semester credits must be in language 7.36 disorders. This coursework in speech-language pathology must 8.1 concern the nature, prevention, evaluation, and treatment of 8.2 speech and language disorders not associated with hearing 8.3 impairment. 8.4 (h) Of the professional coursework required in paragraphs 8.5 (f) and (g), no more than nine quarter credits or six semester 8.6 credits or their equivalent associated with clinical training 8.7 may be counted toward the minimum of 54 quarter credits or 36 8.8 semester credits or their equivalent of professional coursework. 8.9 However, those hours may not be used to satisfy the minimum of 8.10 nine quarter credits or six semester credit hours in hearing 8.11 disorders or evaluation, nine quarter credits or six semester 8.12 credits in habilitative or rehabilitative procedures, or nine 8.13 quarter credits or six semester credits in speech-language 8.14 pathology. 8.15 Subd. 3. [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An 8.16 applicant must complete at least 375 hours of supervised 8.17 clinical training as a student that meets the requirements of 8.18 paragraphs (b) to (f). 8.19 (b) The supervised clinical training must be provided by 8.20 the educational institution or by one of its cooperating 8.21 programs. 8.22 (c) The first 25 hours of the supervised clinical training 8.23 must be spent in clinical observation. Those 25 hours must 8.24 concern the evaluation and treatment of children and adults with 8.25 disorders of speech, language, or hearing. 8.26 (d) All applicants must complete at least 350 hours of 8.27 supervised clinical training that concern the evaluation and 8.28 treatment of children and adults with disorders of speech, 8.29 language, and hearing. At least 250 of the 350 hours must be at 8.30 the graduate level in the area in whichregistrationlicensure 8.31 is sought. At least 50 hours must be spent in each of three 8.32 types of clinical settings including, but not limited to, 8.33 university clinics, hospitals, private clinics, and schools, 8.34 including secondary and elementary. 8.35 (e) An applicant seekingregistrationlicensure as a 8.36 speech-language pathologist must: 9.1 (1) obtain 250 of the 350 supervised hours in 9.2 speech-language pathology; 9.3 (2) complete a minimum of 20 hours of the 250 hours in each 9.4 of the following eight categories: 9.5 (i) evaluation: speech disorders in children; 9.6 (ii) evaluation: speech disorders in adults; 9.7 (iii) evaluation: language disorders in children; 9.8 (iv) evaluation: language disorders in adults; 9.9 (v) treatment: speech disorders in children; 9.10 (vi) treatment: speech disorders in adults; 9.11 (vii) treatment: language disorders in children; and 9.12 (viii) treatment: language disorders in adults; 9.13 (3) complete a minimum of 20 of the 350 hours in audiology; 9.14 and 9.15 (4) obtain no more than 20 hours in the major professional 9.16 area that are in related disorders. 9.17 (f) An applicant seekingregistrationlicensure as an 9.18 audiologist must: 9.19 (1) obtain 250 of the 350 hours in audiology; 9.20 (2) complete a minimum of 40 of the 250 hours in each of 9.21 the first two of the following categories, complete at least 80 9.22 hours in categories (iii) and (iv), with at least ten hours in 9.23 each of categories (i) to (iv), and complete at least 20 hours 9.24 in category (v): 9.25 (i) evaluation: hearing in children; 9.26 (ii) evaluation: hearing in adults; 9.27 (iii) selection and use: amplification and assistive 9.28 devices for children; 9.29 (iv) selection and use: amplification and assistive 9.30 devices for adults; and 9.31 (v) treatment: hearing disorders in children and adults; 9.32 (3) complete a minimum of 20 of the 350 hours in 9.33 speech-language pathology; and 9.34 (4) obtain no more than 20 hours in the major professional 9.35 area that are in related disorders. 9.36 Subd. 4. [SUPERVISED POSTGRADUATE CLINICAL EXPERIENCE 10.1 REQUIRED.] (a) An applicant must complete no less than nine 10.2 months or its equivalent of full-time supervised postgraduate 10.3 clinical experience according to paragraphs (b) to (h). 10.4 (b) Supervision in the postgraduate clinical experience 10.5 includes both on-site observation and other monitoring 10.6 activities. On-site observation must involve the supervisor, 10.7 the supervisee, and the client receiving speech-language 10.8 pathology or audiology services. On-site observation must 10.9 include direct observation by the supervisor of treatment given 10.10 by the supervisee. Other monitoring activities may be executed 10.11 by correspondence and include, but are not limited to, 10.12 conferences with the supervisee, evaluation of written reports, 10.13 and evaluations by professional colleagues. Other monitoring 10.14 activities do not include the client receiving speech-language 10.15 pathology or audiology services but must involve direct or 10.16 indirect evaluative contact by the supervisor of the supervisee. 10.17 (c) The applicant must, as part of the postgraduate 10.18 clinical experience, be supervised by an individual who meets 10.19 the definition of section 148.512, subdivision 20, and: 10.20 (1) whenregistrationlicensure as a speech-language 10.21 pathologist is sought, is aregisteredlicensed speech-language 10.22 pathologist or hold a current certificate of clinical competence 10.23 in speech-language pathology from the American 10.24 Speech-Language-Hearing Association; and 10.25 (2) whenregistrationlicensure as an audiologist is 10.26 sought, is aregisteredlicensed audiologist or hold a current 10.27 certificate of clinical competence in audiology from the 10.28 American Speech-Language-Hearing Association. 10.29 (d) The applicant may not begin the postgraduate clinical 10.30 experience until the applicant has completed the academic 10.31 coursework and clinical training in subdivisions 2 and 3. 10.32 (e) To be considered full time, at least 30 hours per week 10.33 must be spent over a nine-month period in clinical work. 10.34 Equivalent time periods may include part-time professional 10.35 employment as follows: 10.36 (1) 12 months of at least 25 hours per week; 11.1 (2) 15 months of at least 20 hours per week; or 11.2 (3) 18 months of at least 15 hours per week. 11.3 (f) The applicant's postgraduate clinical experience must 11.4 include direct clinical experience with patients, consultations, 11.5 report writing, recordkeeping, or other duties relevant to 11.6 clinical work. A minimum of 80 percent of the clinical 11.7 experience must be in direct contact with persons who have 11.8 communication handicaps. If the applicant uses part-time 11.9 employment to fulfill the postgraduate clinical experience 11.10 requirement, all of the minimum required hours of the part-time 11.11 work week requirement must be spent in direct professional 11.12 experience. 11.13 (g) The applicant must complete the postgraduate clinical 11.14 experience within a maximum of 36 consecutive months and must be 11.15 supervised in no less than 36 activities, including 18 one-hour 11.16 on-site observations. A maximum of six hours can be accrued in 11.17 one day. A minimum of six one-hour on-site observations must be 11.18 accrued during each one-third of the experience. 11.19 (h) The applicant must complete 18 other monitored 11.20 activities and complete at least one monitored activity each 11.21 month of the postgraduate clinical experience. Alternatives to 11.22 on-site observation and monitoring activities include activities 11.23 supervised by correspondence, evaluation of written reports, and 11.24 evaluations by professional colleagues. 11.25 Subd. 5. [QUALIFYING EXAMINATION SCORE REQUIRED.] (a) An 11.26 applicant must achieve a qualifying score on the National 11.27 Examination in Speech-Language Pathology or Audiology (NESPA), 11.28 administered by NTE Programs, Educational Testing Service. 11.29 (b) The commissioner shall determine the qualifying scores 11.30 for both the speech-language pathology and audiology 11.31 examinations based on guidelines provided by the advisory 11.32 council or the American Speech-Language-Hearing Association. 11.33 (c) The applicant is responsible for: 11.34 (1) making arrangements to take the examination described 11.35 in this subdivision; 11.36 (2) bearing all expenses associated with taking the 12.1 examination; 12.2 (3) having the examination scores sent directly to the 12.3 commissioner from the Educational Testing Service; and 12.4 (4) including a copy of the scores along with the original 12.5registrationlicense application. 12.6 (d) The applicant must receive a qualifying score on the 12.7 examination within three years after the applicant applies for 12.8registrationlicensure under section 148.519. If the applicant 12.9 does not receive a qualifying score on the examination within 12.10 three years after the applicant applies forregistration12.11 licensure, the applicant may apply to the commissioner in 12.12 writing for consideration to submit a new application 12.13 forregistrationlicensure under section 148.519. 12.14 Sec. 14. Minnesota Statutes 2000, section 148.516, is 12.15 amended to read: 12.16 148.516 [REGISTRATIONLICENSURE BY EQUIVALENCY.] 12.17 An applicant who applies forregistrationlicensure by 12.18 equivalency must show evidence of possessing a current 12.19 certificate of clinical competence issued by the American 12.20 Speech-Language-Hearing Association and must meet the 12.21 requirements of section 148.514. 12.22 Sec. 15. Minnesota Statutes 2000, section 148.5161, is 12.23 amended to read: 12.24 148.5161 [TEMPORARYREGISTRATIONLICENSURE.] 12.25 Subdivision 1. [APPLICATION.] The commissioner shall issue 12.26 temporaryregistrationlicensure as a speech-language 12.27 pathologist or audiologist to an applicant who has applied for 12.28registrationlicensure under section 148.515, who is not the 12.29 subject of a disciplinary action or past disciplinary action, 12.30 and who has not violated a provision of section 148.5195, 12.31 subdivision 3. 12.32 Subd. 2. [PROCEDURES.] To be eligible for temporary 12.33registrationlicensure, an applicant must submit an application 12.34 form provided by the commissioner, the fees required by section 12.35 148.5194, and evidence of successful completion of the 12.36 requirements in section 148.515, subdivisions 2 and 3. 13.1 Subd. 3. [SUPERVISION REQUIRED.] (a) A temporary 13.2registrantlicensee must practice under the supervision of an 13.3 individual who meets the requirements of section 148.512, 13.4 subdivision 20. Supervision must conform to the requirements in 13.5 paragraphs (b) to (g). 13.6 (b) Supervision must include both on-site observation and 13.7 other monitoring activities. On-site observation must involve 13.8 the supervisor, the supervisee, and the client receiving 13.9 speech-language pathology or audiology services and must include 13.10 direct observation by the supervisor of treatment given by the 13.11 supervisee. Other monitoring activities must involve direct or 13.12 indirect evaluative contact by the supervisor of the supervisee, 13.13 may be executed by correspondence, and may include, but are not 13.14 limited to, conferences with the supervisee, evaluation of 13.15 written reports, and evaluations by professional colleagues. 13.16 Other monitoring activities do not include the client receiving 13.17 speech-language pathology or audiology services. 13.18 (c) The temporaryregistrantlicensee must be supervised by 13.19 an individual who meets the definition of section 148.512, 13.20 subdivision 20, and: 13.21 (1) when the temporaryregistrantlicensee is a 13.22 speech-language pathologist, is aregisteredlicensed 13.23 speech-language pathologist, or holds a current certificate of 13.24 clinical competence in speech-language pathology from the 13.25 American Speech-Language-Hearing Association; and 13.26 (2) when the temporaryregistrantlicensee is an 13.27 audiologist, is aregisteredlicensed audiologist, or holds a 13.28 current certificate of clinical competence in audiology from the 13.29 American Speech-Language-Hearing Association. 13.30 (d) Temporaryregistrationlicensure shall not be granted 13.31 until the applicant has completed the academic coursework and 13.32 clinical training in section 148.515, subdivisions 2 and 3. 13.33 (e) The temporaryregistrantlicensee must be supervised in 13.34 no less than 36 activities, including 18 one-hour on-site 13.35 observations. A maximum of six hours may be accrued in one 13.36 day. A minimum of six one-hour on-site observations must be 14.1 accrued during each one-third of the experience. 14.2 (f) The temporaryregistrantlicensee must complete 18 14.3 other monitored activities and complete at least one monitored 14.4 activity each month. 14.5 (g) The temporaryregistrantlicensee must provide 14.6 verification of supervision on the application form provided by 14.7 the commissioner. 14.8 Subd. 4. [EXPIRATION OF TEMPORARYREGISTRATIONLICENSURE.] 14.9 A temporaryregistrationlicense issued to a person pursuant to 14.10 subdivision 2 expires 18 months after issuance or on the date 14.11 the commissioner grants or deniesregistrationlicensure, 14.12 whichever occurs first. Upon application, a 14.13 temporaryregistrationlicense shall be renewed once to persons 14.14 who have not met the supervised postgraduate clinical experience 14.15 requirement under section 148.515, subdivision 4, within the 14.16 initial temporaryregistrationlicensure period and meet the 14.17 requirements of subdivision 1. 14.18 Subd. 5. [TITLE USED.] A temporaryregistrantlicensee 14.19 shall be identified by one of the protected titles and a 14.20 designation indicating clinical fellowship status. 14.21 Sec. 16. Minnesota Statutes 2000, section 148.517, is 14.22 amended to read: 14.23 148.517 [REGISTRATIONLICENSURE BY RECIPROCITY.] 14.24 Subdivision 1. [APPLICABILITY.] An applicant who applies 14.25 forregistrationlicensure as a speech-language pathologist or 14.26 audiologist by reciprocity must meet the requirements of 14.27 subdivisions 2 and 3. 14.28 Subd. 2. [CURRENT CREDENTIALS REQUIRED.] An applicant 14.29 applying forregistrationlicensure by reciprocity must provide 14.30 evidence to the commissioner that the applicant holds a current 14.31 and unrestricted credential for the practice of speech-language 14.32 pathology or audiology in another jurisdiction that has 14.33 requirements equivalent to or higher than those in effect for 14.34 determining whether an applicant in this state is qualified to 14.35 beregisteredlicensed as a speech-language pathologist or 14.36 audiologist. An applicant who provides sufficient evidence need 15.1 not meet the requirements of section 148.515, provided that the 15.2 applicant otherwise meets all other requirements of section 15.3 148.514. 15.4 Subd. 3. [VERIFICATION OF CREDENTIALS REQUIRED.] An 15.5 applicant forregistrationlicensure by reciprocity under 15.6 subdivision 2, must have the appropriate government body in each 15.7 jurisdiction in which the applicant holds a credential submit 15.8 letters of verification to the commissioner. Each letter must 15.9 state the applicant's name, date of birth, credential number, 15.10 date of issuance, a statement regarding disciplinary actions, if 15.11 any, taken against the applicant, and the terms under which the 15.12 credential was issued. 15.13 Subd. 4. [TEMPORARYREGISTRATIONLICENSURE.] (a) The 15.14 commissioner shall issue temporaryregistrationlicensure as a 15.15 speech-language pathologist, an audiologist, or both, to an 15.16 applicant who has applied forregistrationlicensure under this 15.17 section and who: 15.18 (1) submits a signed and dated affidavit stating that the 15.19 applicant is not the subject of a disciplinary action or past 15.20 disciplinary action in this or another jurisdiction and is not 15.21 disqualified on the basis of section 148.5195, subdivision 3; 15.22 and 15.23 (2) either: 15.24 (i) provides a copy of a current credential as a 15.25 speech-language pathologist, an audiologist, or both, held in 15.26 the District of Columbia or a state or territory of the United 15.27 States; or 15.28 (ii) provides a copy of a current certificate of clinical 15.29 competence issued by the American Speech-Language-Hearing 15.30 Association or its equivalent. 15.31 (b) A temporaryregistrationlicense issued to a person 15.32 under this subdivision expires 90 days after it is issued or on 15.33 the date the commissioner grants or deniesregistration15.34 licensure, whichever occurs first. 15.35 (c) Upon application, a temporaryregistrationlicense 15.36 shall be renewed once to a person who is able to demonstrate 16.1 good cause for failure to meet the requirements forregistration16.2 licensure within the initial temporaryregistrationlicensure 16.3 period and who is not the subject of a disciplinary action or 16.4 disqualified on the basis of section 148.5195, subdivision 3. 16.5 Sec. 17. Minnesota Statutes 2000, section 148.518, is 16.6 amended to read: 16.7 148.518 [REGISTRATIONLICENSURE FOLLOWING LAPSE OF 16.8REGISTEREDLICENSURE STATUS.] 16.9 Subdivision 1. [LAPSE OF THREE YEARS OR LESS.] For an 16.10 applicant whoseregisteredlicensure status has lapsed for three 16.11 years or less, the applicant must: 16.12 (1) apply forregistrationlicense renewal according to 16.13 section 148.5191 and document compliance with the continuing 16.14 education requirements of section 148.5193 since the applicant's 16.15registrationlicense lapsed; or 16.16 (2) fulfill the requirements of section 148.517. 16.17 Subd. 2. [LAPSE OF MORE THAN THREE YEARS.] For an 16.18 applicant whoseregisteredlicensure status has lapsed for more 16.19 than three years, the applicant must: 16.20 (1) apply forregistrationlicensure renewal according to 16.21 section 148.5191 and obtain a qualifying score on the 16.22 examination described in section 148.515, subdivision 5, within 16.23 one year of the application date forregistrationlicensure 16.24 renewal; 16.25 (2) apply for renewal according to section 148.5191, 16.26 provide evidence to the commissioner that the applicant holds a 16.27 current and unrestricted credential for the practice of 16.28 speech-language pathology from the Minnesota board of teaching 16.29 or for the practice of speech-language pathology or audiology in 16.30 another jurisdiction that has requirements equivalent to or 16.31 higher than those in effect for Minnesota and provide evidence 16.32 of compliance with Minnesota board of teaching or that 16.33 jurisdiction's continuing education requirements; 16.34 (3) apply for renewal according to section 148.5191 and 16.35 submit documentation of having completed a combination of 16.36 speech-language pathology or audiology courses or a 17.1 speech-language pathology or audiology refresher program that 17.2 contains both a theoretical and clinical component preapproved 17.3 or approved by the commissioner. Only courses completed within 17.4 one year preceding the date of the application or one year after 17.5 the date of the application will qualify for approval; or 17.6 (4) apply for renewal according to section 148.5191 and 17.7 submit proof of successful completion and verified documentation 17.8 of 160 hours of supervised practice approved by the 17.9 commissioner. To participate in a supervised practice, the 17.10 applicant shall first apply and obtain temporary 17.11registrationlicensure according to section 148.5161. 17.12 Sec. 18. Minnesota Statutes 2000, section 148.519, is 17.13 amended to read: 17.14 148.519 [REGISTRATIONLICENSURE PROCEDURES.] 17.15 Subdivision 1. [APPLICATIONS FORREGISTRATIONLICENSURE.] 17.16 An applicant forregistrationlicensure must: 17.17 (1) submit a completed application forregistration17.18 licensure on forms provided by the commissioner. The 17.19 application must include the applicant's name, certification 17.20 number under chapter 153A, if applicable, business address and 17.21 telephone number, or home address and telephone number if the 17.22 applicant practices speech-language pathology or audiology out 17.23 of the home, and a description of the applicant's education, 17.24 training, and experience, including previous work history for 17.25 the five years immediately preceding the date of application. 17.26 The commissioner may ask the applicant to provide additional 17.27 information necessary to clarify information submitted in the 17.28 application; 17.29 (2) submit a transcript showing the completion of a 17.30 master's degree or its equivalent meeting the requirements of 17.31 section 148.515, subdivision 2; 17.32 (3) submit documentation of the required hours of 17.33 supervised clinical training meeting the requirements of section 17.34 148.515, subdivision 3; 17.35 (4) submit documentation of the postgraduate clinical 17.36 experience meeting the requirements of section 148.515, 18.1 subdivision 4; 18.2 (5) submit documentation of receiving a qualifying score on 18.3 an examination meeting the requirements of section 148.515, 18.4 subdivision 5; 18.5 (6) sign a statement that the information in the 18.6 application is true and correct to the best of the applicant's 18.7 knowledge and belief; 18.8 (7) submit with the application all fees required by 18.9 section 148.5194; and 18.10 (8) sign a waiver authorizing the commissioner to obtain 18.11 access to the applicant's records in this or any other state in 18.12 which the applicant has engaged in the practice of 18.13 speech-language pathology or audiology. 18.14 Subd. 2. [ACTION ON APPLICATIONS FORREGISTRATION18.15 LICENSURE.] (a) The commissioner shall act on an application for 18.16registrationlicensure according to paragraphs (b) to (d). 18.17 (b) The commissioner shall determine if the applicant meets 18.18 the requirements forregistrationlicensure. The commissioner 18.19 or advisory council may investigate information provided by an 18.20 applicant to determine whether the information is accurate and 18.21 complete. 18.22 (c) The commissioner shall notify an applicant of action 18.23 taken on the application and of the grounds for denying 18.24registrationlicensure ifregistrationlicensure is denied. 18.25 (d) An applicant deniedregistrationlicensure may make a 18.26 written request to the commissioner, within 30 days of the date 18.27 of notification to the applicant, to appear before the advisory 18.28 council and for the advisory council to review the 18.29 commissioner's decision to deny the applicant's 18.30registrationlicense. After reviewing the denial, the advisory 18.31 council shall make a recommendation to the commissioner as to 18.32 whether the denial should be affirmed. An applicant is allowed 18.33 no more than one request for a review of denial ofregistration18.34 licensure in any oneregistrationlicensure renewal period. 18.35 Sec. 19. Minnesota Statutes 2000, section 148.5191, is 18.36 amended to read: 19.1 148.5191 [REGISTRATIONLICENSURE RENEWAL.] 19.2 Subdivision 1. [RENEWAL REQUIREMENTS.] To renew 19.3registrationlicensure, an applicant must: 19.4 (1) biennially complete a renewal application on a form 19.5 provided by the commissioner and submit the biennial renewal 19.6 fee; 19.7 (2) meet the continuing education requirements of section 19.8 148.5193 and submit evidence of attending continuing education 19.9 courses, as required in section 148.5193, subdivision 6; and 19.10 (3) submit additional information if requested by the 19.11 commissioner to clarify information presented in the renewal 19.12 application. The information must be submitted within 30 days 19.13 after the commissioner's request. 19.14 Subd. 2. [LATE FEE.] An application submitted after the 19.15 renewal deadline date must be accompanied by a late fee as 19.16 provided in section 148.5194, subdivision 4. 19.17 Subd. 3. [REGISTRATIONLICENSURE RENEWAL NOTICE.] 19.18RegistrationLicensure renewal is on a biennial basis. At least 19.19 60 days before theregistrationlicensure expiration date, the 19.20 commissioner shall send out a renewal notice to theregistrant's19.21 licensee's last known address. The notice shall include a 19.22 renewal application and notice of fees required for renewal. If 19.23 theregistrantlicensee does not receive the renewal notice, the 19.24registrantlicensee is still required to meet the deadline for 19.25 renewal to qualify for continuousregisteredlicensure status. 19.26 Subd. 4. [RENEWAL DEADLINE.] Eachregistration certificate19.27 license, including a temporaryregistration certificatelicense 19.28 provided under section 148.5161, must state an expiration date. 19.29 An application forregistrationlicensure renewal must be 19.30 received by the department of health or postmarked at least 30 19.31 days before the expiration date. If the postmark is illegible, 19.32 the application shall be considered timely if received at least 19.33 21 days before the expiration date. 19.34 When the commissioner establishes the renewal schedule for 19.35 an applicant,registrantlicensee, or temporaryregistrant19.36 licensee, if the period before the expiration date is less than 20.1 two years, the fee shall be prorated. 20.2 Sec. 20. Minnesota Statutes 2000, section 148.5193, 20.3 subdivision 1, is amended to read: 20.4 Subdivision 1. [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 20.5 applicant forregistrationlicensure renewal must meet the 20.6 requirements for continuing education according to paragraphs 20.7 (b) to (e). 20.8 (b) An applicant forregistrationlicensure renewal as 20.9 either a speech-language pathologist or an audiologist must 20.10 provide evidence to the commissioner of a minimum of 30 contact 20.11 hours of continuing education offered by a continuing education 20.12 sponsor within the two years immediately precedingregistration20.13 licensure renewal. A minimum of 20 contact hours of continuing 20.14 education must be directly related to theregistrant's20.15 licensee's area ofregistrationlicensure. Ten contact hours of 20.16 continuing education may be in areas generally related to 20.17 theregistrant'slicensee's area ofregistrationlicensure. 20.18 (c) An applicant forregistrationlicensure renewal as both 20.19 a speech-language pathologist and an audiologist must attest to 20.20 and document completion of a minimum of 36 contact hours of 20.21 continuing education offered by a continuing education sponsor 20.22 within the two years immediately precedingregistration20.23 licensure renewal. A minimum of 15 contact hours must be 20.24 received in the area of speech-language pathology and a minimum 20.25 of 15 contact hours must be received in the area of audiology. 20.26 Six contact hours of continuing education may be in areas 20.27 generally related to theregistrant'slicensee's areas 20.28 ofregistrationlicensure. 20.29 (d) If theregistrantlicensee is licensed by the board of 20.30 teaching: 20.31 (1) activities that are approved in the categories of 20.32 Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 20.33 that relate to speech-language pathology, shall be considered: 20.34 (i) offered by a sponsor of continuing education; and 20.35 (ii) directly related to speech-language pathology; 20.36 (2) activities that are approved in the categories of 21.1 Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 21.2 (i) offered by a sponsor of continuing education; and 21.3 (ii) generally related to speech-language pathology; and 21.4 (3) one clock hour as defined in Minnesota Rules, part 21.5 8700.1000, subpart 1, is equivalent to 1.2 contact hours of 21.6 continuing education. 21.7 (e) Contact hours cannot be accumulated in advance and 21.8 transferred to a future continuing education period. 21.9 Sec. 21. Minnesota Statutes 2000, section 148.5193, 21.10 subdivision 4, is amended to read: 21.11 Subd. 4. [EARNING CONTINUING EDUCATION CONTACT HOURS 21.12 THROUGH CONTACT HOUR EQUIVALENTS.] (a) Aregistrantlicensee who 21.13 teaches continuing education courses may obtain contact hour 21.14 equivalents according to paragraphs (b) to (d). 21.15 (b) The sponsor of the course must meet the requirements of 21.16 subdivision 2. 21.17 (c) Aregistrantlicensee may not obtain more than six 21.18 contact hours in any two-year continuing education period by 21.19 teaching continuing education courses. 21.20 (d) Aregistrantlicensee may obtain two contact hours for 21.21 each hour spent teaching a course. Contact hours may be claimed 21.22 only once for teaching the same course in any two-year 21.23 continuing education period. 21.24 Sec. 22. Minnesota Statutes 2000, section 148.5193, 21.25 subdivision 6, is amended to read: 21.26 Subd. 6. [RECORDS OF ATTENDANCE.] (a) Aregistrant21.27 licensee must maintain for four years records of attending the 21.28 continuing education contact hours required forregistration21.29 licensure renewal. 21.30 (b) An applicant forregistrationlicensure renewal must 21.31 submit the following information on a form provided by the 21.32 commissioner: the sponsoring organization, the dates of the 21.33 course, the course name, the number of contact hours completed, 21.34 and the name and signature of theregistrantlicensee. The form 21.35 must be submitted with the renewal application under section 21.36 148.5191, subdivision 1. 22.1 Sec. 23. Minnesota Statutes 2000, section 148.5193, 22.2 subdivision 6a, is amended to read: 22.3 Subd. 6a. [VERIFICATION OF ATTENDANCE.] An applicant 22.4 forregistrationlicensure renewal must submit verification of 22.5 attendance as follows: 22.6 (1) a certificate of attendance from the sponsor with the 22.7 continuing education course name, course date, and 22.8registrant'slicensee's name; 22.9 (2) a copy of a record of attendance from the sponsor of 22.10 the continuing education course; 22.11 (3) a signature of the presenter or a designee at the 22.12 continuing education activity on the continuing education report 22.13 form; 22.14 (4) a summary or outline of the educational content of an 22.15 audio or video educational activity if a designee is not 22.16 available to sign the continuing education report form; 22.17 (5) for self-study programs, a certificate of completion or 22.18 other documentation indicating that the individual has 22.19 demonstrated knowledge and has successfully completed the 22.20 program; and 22.21 (6) for attendance at a university, college, or vocational 22.22 course, an official transcript. 22.23 Sec. 24. Minnesota Statutes 2000, section 148.5193, 22.24 subdivision 7, is amended to read: 22.25 Subd. 7. [VERIFICATION OF CONTINUING EDUCATION REPORTS.] 22.26 The commissioner may request aregistrantlicensee or continuing 22.27 education sponsor to verify the continuing education to which 22.28 theregistrantlicensee attested. Documentation may come 22.29 directly from theregistrantlicensee, the continuing education 22.30 sponsor, or from a national accrediting or certifying 22.31 organization which maintains the records. 22.32 Sec. 25. Minnesota Statutes 2000, section 148.5193, 22.33 subdivision 8, is amended to read: 22.34 Subd. 8. [WAIVER OF CONTINUING EDUCATION REQUIREMENTS.] 22.35 The commissioner may grant a waiver of the requirements of this 22.36 section in cases where the requirements would impose an undue 23.1 burden on theregistrantlicensee. Aregistrantlicensee must 23.2 request in writing a waiver of the requirements of this 23.3 section. The request for a waiver must cite this section, the 23.4 reasons for requesting the waiver, the period of time 23.5 theregistrantlicensee wishes to have the continuing education 23.6 requirement waived, and the alternative measures that will be 23.7 taken if a waiver is granted. The commissioner shall set forth, 23.8 in writing, the reasons for granting or denying the waiver. 23.9 Waivers granted by the commissioner shall specify in writing the 23.10 time limitation and required alternative measures to be taken by 23.11 theregistrantlicensee. 23.12 Sec. 26. Minnesota Statutes 2000, section 148.5194, is 23.13 amended to read: 23.14 148.5194 [FEES.] 23.15 Subdivision 1. [FEE PRORATION.] The commissioner shall 23.16 prorate theregistrationlicensure fee for first time 23.17registrantslicensees according to the number of months that 23.18 have elapsed between the dateregistrationthe license is issued 23.19 and the dateregistrationthe license must be renewed under 23.20 section 148.5191, subdivision 4. 23.21 Subd. 2. [BIENNIALREGISTRATIONLICENSURE FEE.] The fee 23.22 for initialregistrationlicensure and biennial 23.23registrationlicensure, temporaryregistrationlicensure, or 23.24 renewal is $200. 23.25 Subd. 3. [BIENNIALREGISTRATIONLICENSURE FEE FOR DUAL 23.26REGISTRATIONLICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST AND 23.27 AUDIOLOGIST.] The fee for initialregistrationlicensure and 23.28 biennialregistrationlicensure, temporaryregistration23.29 licensure, or renewal is $200. 23.30 Subd. 3a. [SURCHARGE FEE.] Notwithstanding section 23.31 16A.1285, subdivision 2, for a period of four years following 23.32 July 1, 1999, an applicant forregistrationlicensure or 23.33registrationlicensure renewal must pay a surcharge fee of $25 23.34 in addition to any other fees due uponregistrationlicensure or 23.35registrationlicensure renewal. This subdivision expires June 23.36 30, 2003. 24.1 Subd. 4. [PENALTY FEE FOR LATE RENEWALS.] The penalty fee 24.2 for late submission of a renewal application is $45. 24.3 Subd. 5. [NONREFUNDABLE FEES.] All fees are nonrefundable. 24.4 Sec. 27. Minnesota Statutes 2000, section 148.5195, 24.5 subdivision 2, is amended to read: 24.6 Subd. 2. [RIGHTS OF APPLICANTS ANDREGISTRANTSLICENSEES.] 24.7 The rights of an applicant deniedregistrationlicensure are 24.8 stated in section 148.519, subdivision 2, paragraph (d). 24.9 Aregistrantlicensee shall not be subjected to disciplinary 24.10 action under this section without first having an opportunity 24.11 for a contested case hearing under chapter 14. 24.12 Sec. 28. Minnesota Statutes 2000, section 148.5195, 24.13 subdivision 4, is amended to read: 24.14 Subd. 4. [DISCIPLINARY ACTIONS.] If the commissioner finds 24.15 that an individual should be disciplined according to 24.16 subdivision 3, the commissioner may take any one or more of the 24.17 following actions: 24.18 (1) refuse to grant or renewregistrationlicensure; 24.19 (2) suspendregistrationlicensure for a period not 24.20 exceeding one year; 24.21 (3) revokeregistrationlicensure; or 24.22 (4) take any reasonable lesser action against an individual 24.23 upon proof that the individual has violated sections 148.511 to 24.24 148.5196. 24.25 Sec. 29. Minnesota Statutes 2000, section 148.5195, 24.26 subdivision 5, is amended to read: 24.27 Subd. 5. [CONSEQUENCES OF DISCIPLINARY ACTIONS.] Upon the 24.28 suspension or revocation ofregistrationlicensure, the 24.29 speech-language pathologist or audiologist shall cease to 24.30 practice speech-language pathology or audiology, to use titles 24.31 protected under sections 148.511 to 148.5196, andshall ceaseto 24.32 represent to the public that the speech-language pathologist or 24.33 audiologist isregisteredlicensed by the commissioner. 24.34 Sec. 30. Minnesota Statutes 2000, section 148.5195, 24.35 subdivision 6, is amended to read: 24.36 Subd. 6. [REINSTATEMENT REQUIREMENTS AFTER DISCIPLINARY 25.1 ACTION.] A speech-language pathologist or audiologist who has 25.2 hadregistrationlicensure suspended may petition on forms 25.3 provided by the commissioner for reinstatement following the 25.4 period of suspension specified by the commissioner. The 25.5 requirements of section 148.5191 for renewingregistration25.6 licensure must be met beforeregistrationlicensure may be 25.7 reinstated. 25.8 Sec. 31. Minnesota Statutes 2000, section 148.5196, is 25.9 amended to read: 25.10 148.5196 [SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST 25.11 ADVISORY COUNCIL.] 25.12 Subdivision 1. [MEMBERSHIP.] The commissioner shall 25.13 appoint seven persons to a speech-language pathologist and 25.14 audiologist advisory council. The seven persons must include: 25.15 (1) two public members, as defined in section 214.02. The 25.16 public members shall be either persons receiving services of a 25.17 speech-language pathologist or audiologist, or family members of 25.18 or caregivers to such persons; 25.19 (2) two speech-language pathologistsregisteredlicensed 25.20 under sections 148.511 to 148.5196, one of whom is currently and 25.21 has been, for the five years immediately preceding the 25.22 appointment, engaged in the practice of speech-language 25.23 pathology in Minnesota and each of whom is employed in a 25.24 different employment setting including, but not limited to, 25.25 private practice, hospitals, rehabilitation settings, 25.26 educational settings, and government agencies; 25.27 (3) one speech-language pathologistregisteredlicensed 25.28 under sections 148.511 to 148.5196, who is currently and has 25.29 been, for the five years immediately preceding the appointment, 25.30 employed by a Minnesota public school district or a Minnesota 25.31 public school district consortium that is authorized by 25.32 Minnesota Statutes and who is licensed in communication 25.33 disorders by the Minnesota board of teaching; and 25.34 (4) two audiologistsregisteredlicensed under sections 25.35 148.511 to 148.5196, one of whom is currently and has been, for 25.36 the five years immediately preceding the appointment, engaged in 26.1 the practice of audiology in Minnesota and each of whom is 26.2 employed in a different employment setting including, but not 26.3 limited to, private practice, hospitals, rehabilitation 26.4 settings, educational settings, industry, and government 26.5 agencies. 26.6 Subd. 2. [ORGANIZATION.] The advisory council shall be 26.7 organized and administered under section 15.059. 26.8 Subd. 3. [DUTIES.] The advisory council shall: 26.9 (1) advise the commissioner regarding speech-language 26.10 pathologist and audiologistregistrationlicensure standards; 26.11 (2) advise the commissioner on enforcement of sections 26.12 148.511 to 148.5196; 26.13 (3) provide for distribution of information regarding 26.14 speech-language pathologist and audiologistregistration26.15 licensure standards; 26.16 (4) review applications and make recommendations to the 26.17 commissioner on granting or denyingregistrationlicensure or 26.18registrationlicensure renewal; 26.19 (5) review reports of investigations relating to 26.20 individuals and make recommendations to the commissioner as to 26.21 whetherregistrationlicensure should be denied or disciplinary 26.22 action taken against the individual; 26.23 (6) advise the commissioner regarding approval of 26.24 continuing education activities provided by sponsors using the 26.25 criteria in section 148.5193, subdivision 2; and 26.26 (7) perform other duties authorized for advisory councils 26.27 under chapter 214, or as directed by the commissioner. 26.28 Sec. 32. Minnesota Statutes 2000, section 153A.14, 26.29 subdivision 2a, is amended to read: 26.30 Subd. 2a. [EXEMPTION FROM WRITTEN EXAMINATION 26.31 REQUIREMENT.] Persons completing the audiology registration 26.32 requirements of section 148.515 after January 1, 1996, are 26.33 exempt from the written examination requirements of subdivision 26.34 2h, paragraph (a), clause (1). Minnesotaregistrationlicensure 26.35 or American Speech-Language-Hearing Association certification as 26.36 an audiologist is not required but may be submitted as evidence 27.1 qualifying for exemption from the written examination if the 27.2 requirements are completed after January 1, 1996. Persons 27.3 qualifying for written examination exemption must fulfill the 27.4 other credentialing requirements under subdivisions 1 and 2 27.5 before a certificate may be issued by the commissioner. 27.6 Sec. 33. Minnesota Statutes 2000, section 153A.14, 27.7 subdivision 2i, is amended to read: 27.8 Subd. 2i. [CONTINUING EDUCATION REQUIREMENT.] On forms 27.9 provided by the commissioner, each certified dispenser must 27.10 submit with the application for renewal of certification 27.11 evidence of completion of ten course hours of continuing 27.12 education earned within the 12-month period of July 1 to June 30 27.13 immediately preceding renewal. Continuing education courses 27.14 must be directly related to hearing instrument dispensing and 27.15 approved by the International Hearing Society or qualify for 27.16 continuing education approved for Minnesotaregisteredlicensed 27.17 audiologists. Evidence of completion of the ten course hours of 27.18 continuing education must be submitted with renewal applications 27.19 by October 1 of each year. This requirement does not apply to 27.20 dispensers certified for less than one year. The first report 27.21 of evidence of completion of the continuing education credits 27.22 shall be due October 1, 1997. 27.23 Sec. 34. Minnesota Statutes 2000, section 153A.17, is 27.24 amended to read: 27.25 153A.17 [EXPENSES; FEES.] 27.26 The expenses for administering the certification 27.27 requirements including the complaint handling system for hearing 27.28 aid dispensers in sections 153A.14 and 153A.15 and the consumer 27.29 information center under section 153A.18 must be paid from 27.30 initial application and examination fees, renewal fees, 27.31 penalties, and fines. All fees are nonrefundable. The 27.32 certificate application fee is $165 for audiologistsregistered27.33 licensed under section 148.511 and $490 for all others, the 27.34 examination fee is $200 for the written portion and $200 for the 27.35 practical portion each time one or the other is taken, and the 27.36 trainee application fee is $100. Notwithstanding the policy set 28.1 forth in section 16A.1285, subdivision 2, a surcharge of $165 28.2 for audiologistsregisteredlicensed under section 148.511 and 28.3 $330 for all others shall be paid at the time of application or 28.4 renewal until June 30, 2003, to recover the commissioner's 28.5 accumulated direct expenditures for administering the 28.6 requirements of this chapter. The penalty fee for late 28.7 submission of a renewal application is $200. All fees, 28.8 penalties, and fines received must be deposited in the state 28.9 government special revenue fund. The commissioner may prorate 28.10 the certification fee for new applicants based on the number of 28.11 quarters remaining in the annual certification period. 28.12 Sec. 35. Minnesota Statutes 2000, section 153A.20, 28.13 subdivision 1, is amended to read: 28.14 Subdivision 1. [MEMBERSHIP.] The commissioner shall 28.15 appoint nine persons to a hearing instrument dispenser advisory 28.16 council. 28.17 (a) The nine persons must include: 28.18 (1) three public members, as defined in section 214.02. At 28.19 least one of the public members shall be a hearing instrument 28.20 user and one of the public members shall be either a hearing 28.21 instrument user or an advocate of one; and 28.22 (2) three hearing instrument dispensers certified under 28.23 sections 153A.14 to 153A.20, each of whom is currently, and has 28.24 been for the five years immediately preceding their appointment, 28.25 engaged in hearing instrument dispensing in Minnesota and who 28.26 represent the occupation of hearing instrument dispensing and 28.27 who are not audiologists; and 28.28 (3) three audiologists who are certified hearing instrument 28.29 dispensers, areregisteredlicensed as audiologists under 28.30Minnesota Rules, chapter 4750, or if no rules are in effect,28.31audiologists who hold current certificates of clinical28.32competence in audiology from the American28.33Speech-Language-Hearing Associationchapter 148 and who 28.34 represent the occupation of audiology. 28.35 (b) The factors the commissioner may consider when 28.36 appointing advisory council members include, but are not limited 29.1 to, professional affiliation, geographical location, and type of 29.2 practice. 29.3 (c) No two members of the advisory council shall be 29.4 employees of, or have binding contracts requiring sales 29.5 exclusively for, the same hearing instrument manufacturer or the 29.6 same employer. 29.7 Sec. 36. [REPEALER.] 29.8 Minnesota Statutes 2000, section 148.512, subdivision 11, 29.9 is repealed.