HF 1938

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; creating certification for 
  1.3             speech-language pathology assistants; modifying 
  1.4             provisions for speech-language pathology and 
  1.5             audiology; amending Minnesota Statutes 2002, section 
  1.6             148.512, subdivisions 9, 19, by adding a subdivision; 
  1.7             Minnesota Statutes 2003 Supplement, sections 148.511; 
  1.8             148.512, subdivisions 4, 12, 13, 14, 15, 16; 148.513, 
  1.9             subdivisions 1, 2; 148.5161, subdivisions 1, 6; 
  1.10            148.517; 148.5175; 148.518; 148.519, subdivisions 2, 
  1.11            3; 148.5191, subdivisions 1, 3, 4; 148.5193, 
  1.12            subdivisions 1, 4, 6, 6a, 7, 8; 148.5194, subdivisions 
  1.13            1, 2; 148.5195, subdivisions 2, 3, 4, 5, 6; 148.5196, 
  1.14            subdivision 3; proposing coding for new law in 
  1.15            Minnesota Statutes, chapter 148. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.18  148.511, is amended to read: 
  1.19     148.511 [SCOPE.] 
  1.20     Sections 148.511 to 148.5196 apply to persons who are 
  1.21  applicants for licensure or certification, who use protected 
  1.22  titles, who represent that they are licensed or certified, or 
  1.23  who engage in the practice of speech-language pathology or 
  1.24  audiology.  Sections 148.511 to 148.5196 do not apply to school 
  1.25  personnel licensed by the Board of Teaching and practicing 
  1.26  within the scope of their school license under Minnesota Rules, 
  1.27  part 8710.6000. 
  1.28     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  1.29  148.512, subdivision 4, is amended to read: 
  1.30     Subd. 4.  [APPLICANT.] "Applicant" means a person who 
  2.1   applies to the commissioner for licensure or certification or 
  2.2   licensure or certification renewal.  
  2.3      Sec. 3.  Minnesota Statutes 2002, section 148.512, 
  2.4   subdivision 9, is amended to read: 
  2.5      Subd. 9.  [CONTINUING EDUCATION.] "Continuing education" is 
  2.6   a planned learning experience in speech-language pathology or 
  2.7   audiology not including the basic educational program leading to 
  2.8   a degree if the education is used by the registrant licensee for 
  2.9   credit to achieve a baccalaureate or master's degree in 
  2.10  speech-language pathology or audiology.  
  2.11     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  2.12  148.512, subdivision 12, is amended to read: 
  2.13     Subd. 12.  [PRACTICE OF AUDIOLOGY.] The "practice of 
  2.14  audiology" means:  
  2.15     (1) identification, assessment, and interpretation, 
  2.16  diagnosis, rehabilitation, and prevention of hearing disorders; 
  2.17     (2) conservation of the auditory system function; 
  2.18  development and implementation of hearing conservation programs; 
  2.19     (3) measurement, assessment, and interpretation of auditory 
  2.20  and vestibular function; 
  2.21     (4) selecting, fitting, and dispensing of assistive 
  2.22  listening devices, alerting and amplification devices, and 
  2.23  systems for personal and public use, including hearing aids and 
  2.24  devices, and providing training in their use; 
  2.25     (5) aural habilitation and rehabilitation and related 
  2.26  counseling for hearing impaired individuals and their families; 
  2.27     (6) screening of speech, language, voice, or fluency for 
  2.28  the purposes of audiologic evaluation or identification of 
  2.29  possible communication disorders; or 
  2.30     (7) teaching of, consultation or research about, or 
  2.31  supervision of the functions in clauses (1) to (6).  
  2.32     The practice of audiology does not include the practice of 
  2.33  medicine and surgery, or osteopathic medicine and surgery, or 
  2.34  medical diagnosis that is commonly performed by a physician. 
  2.35     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  2.36  148.512, subdivision 13, is amended to read: 
  3.1      Subd. 13.  [PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.] The 
  3.2   "practice of speech-language pathology" means:  
  3.3      (1) identification, assessment, and interpretation, 
  3.4   diagnosis, habilitation, rehabilitation, treatment and 
  3.5   prevention of disorders of speech, articulation, fluency, voice, 
  3.6   and language; 
  3.7      (2) identification, assessment, and interpretation, 
  3.8   diagnosis, habilitation, and rehabilitation of disorders of 
  3.9   oral-pharyngeal function and related disorders; 
  3.10     (3) identification, assessment, and interpretation, 
  3.11  diagnosis, habilitation, and rehabilitation of communication 
  3.12  disorders associated with cognition; 
  3.13     (4) assessing, selecting, and developing augmentative and 
  3.14  alternative communication systems and providing training in 
  3.15  their use; 
  3.16     (5) aural habilitation and rehabilitation and related 
  3.17  counseling for hearing impaired individuals and their families; 
  3.18     (6) enhancing speech-language proficiency and communication 
  3.19  effectiveness; 
  3.20     (7) audiometric screening for the purposes of 
  3.21  speech-language evaluation or for the identification of possible 
  3.22  hearing disorders; or 
  3.23     (8) teaching of, consultation or research about, or 
  3.24  supervision of the functions in clauses (1) to (7). 
  3.25     The practice of speech-language pathology does not include 
  3.26  the practice of medicine and surgery, or osteopathic medicine 
  3.27  and surgery, or medical diagnosis that is commonly performed by 
  3.28  a physician. 
  3.29     Sec. 6.  Minnesota Statutes 2003 Supplement, section 
  3.30  148.512, subdivision 14, is amended to read: 
  3.31     Subd. 14.  [LICENSE OR LICENSED.] "License" or "licensed" 
  3.32  means the act or status of a person who meets the requirements 
  3.33  of sections 148.511 to 148.5191 and 148.5193 to 148.5196.  
  3.34     Sec. 7.  Minnesota Statutes 2003 Supplement, section 
  3.35  148.512, subdivision 15, is amended to read: 
  3.36     Subd. 15.  [LICENSEE.] "Licensee" means an individual who 
  4.1   meets the requirements of sections 148.511 to 148.5191 and 
  4.2   148.5193 to 148.5196. 
  4.3      Sec. 8.  Minnesota Statutes 2003 Supplement, section 
  4.4   148.512, subdivision 16, is amended to read: 
  4.5      Subd. 16.  [LICENSURE.] "Licensure" is the system of 
  4.6   regulation defined in section 214.001, subdivision 3, paragraph 
  4.7   (c), and is the process specified in sections 148.511 to 
  4.8   148.5191 and 148.5193 to 148.5196. 
  4.9      Sec. 9.  Minnesota Statutes 2002, section 148.512, is 
  4.10  amended by adding a subdivision to read: 
  4.11     Sec. 17a.  [SPEECH-LANGUAGE PATHOLOGY 
  4.12  ASSISTANT.] "Speech-language pathology assistant" means a person 
  4.13  who provides speech-language pathology services under the 
  4.14  supervision of a licensed speech-language pathologist and is 
  4.15  certified by the commissioner according to section 148.5192.  
  4.16     Sec. 10.  Minnesota Statutes 2002, section 148.512, 
  4.17  subdivision 19, is amended to read: 
  4.18     Subd. 19.  [SUPERVISION.] "Supervision" means the direct or 
  4.19  indirect evaluation or direction of:  
  4.20     (1) a practitioner of speech-language pathology or 
  4.21  audiology; 
  4.22     (2) a person performing a function of supervised clinical 
  4.23  training as a student of speech-language pathology or audiology; 
  4.24  or 
  4.25     (3) a person performing a function of supervised 
  4.26  postgraduate clinical experience in speech-language pathology or 
  4.27  audiology; or 
  4.28     (4) a certified speech-language pathology assistant.  
  4.29     Sec. 11.  Minnesota Statutes 2003 Supplement, section 
  4.30  148.513, subdivision 1, is amended to read: 
  4.31     Subdivision 1.  [UNLICENSED OR UNCERTIFIED PRACTICE 
  4.32  PROHIBITED.] A person must not engage in the practice of 
  4.33  speech-language pathology or audiology unless the person is 
  4.34  licensed as a speech-language pathologist or an audiologist 
  4.35  under sections 148.511 to 148.5196 or is certified as a 
  4.36  speech-language pathology assistant under section 148.5192.  For 
  5.1   purposes of this subdivision, a certified speech-language 
  5.2   pathology assistant's duties are limited to the duties described 
  5.3   under section 148.5192, subdivision 2. 
  5.4      Sec. 12.  Minnesota Statutes 2003 Supplement, section 
  5.5   148.513, subdivision 2, is amended to read: 
  5.6      Subd. 2.  [PROTECTED TITLES AND RESTRICTIONS ON USE.] (a) 
  5.7   Use of the following terms or initials which represent the 
  5.8   following terms, alone or in combination with any word or words, 
  5.9   by any person to form an occupational title is prohibited unless 
  5.10  that person is licensed under sections 148.511 to 148.5191 and 
  5.11  148.5193 to 148.5196: 
  5.12     (1) speech-language; 
  5.13     (2) speech-language pathologist, S, SP, or SLP; 
  5.14     (3) speech pathologist; 
  5.15     (4) language pathologist; 
  5.16     (5) audiologist, A, or AUD; 
  5.17     (6) speech therapist; 
  5.18     (7) speech clinician; 
  5.19     (8) speech correctionist; 
  5.20     (9) language therapist; 
  5.21     (10) voice therapist; 
  5.22     (11) voice pathologist; 
  5.23     (12) logopedist; 
  5.24     (13) communicologist; 
  5.25     (14) aphasiologist; 
  5.26     (15) phoniatrist; 
  5.27     (16) audiometrist; 
  5.28     (17) audioprosthologist; 
  5.29     (18) hearing therapist; 
  5.30     (19) hearing clinician; or 
  5.31     (20) hearing aid audiologist. 
  5.32     Use of the term "Minnesota licensed" in conjunction with 
  5.33  the titles protected under this section paragraph by any person 
  5.34  is prohibited unless that person is licensed under sections 
  5.35  148.511 to 148.5191 and 148.5193 to 148.5196.  
  5.36     (b) Use of the terms or initials described in paragraph 
  6.1   (a), in combination with the word "assistant" by any person to 
  6.2   form an occupational title, is prohibited unless the person is 
  6.3   certified under section 148.5192.  A speech-language pathology 
  6.4   assistant certified under section 148.5192 must not represent, 
  6.5   indicate, or imply to the public that the assistant is a 
  6.6   licensed speech-language pathologist and shall only utilize one 
  6.7   of the following titles:  "speech-language pathology assistant," 
  6.8   "SLP assistant," or "SLP asst." 
  6.9      Sec. 13.  Minnesota Statutes 2003 Supplement, section 
  6.10  148.5161, subdivision 1, is amended to read: 
  6.11     Subdivision 1.  [APPLICATION.] Clinical fellowship and 
  6.12  doctoral externship candidates must be licensed with a clinical 
  6.13  fellowship or doctoral externship license.  The commissioner 
  6.14  shall issue clinical fellowship licensure or doctoral externship 
  6.15  licensure as a speech-language pathologist or audiologist to an 
  6.16  applicant who has applied for licensure under section 148.515, 
  6.17  who is not the subject of a disciplinary action or past 
  6.18  disciplinary action, and who has not violated a provision of 
  6.19  section 148.5195, subdivision 3.  
  6.20     Sec. 14.  Minnesota Statutes 2003 Supplement, section 
  6.21  148.5161, subdivision 6, is amended to read: 
  6.22     Subd. 6.  [TITLE USED.] A licensee with a clinical 
  6.23  fellowship or doctoral externship shall be identified by one of 
  6.24  the protected titles and a designation indicating clinical 
  6.25  fellowship status or doctoral externship status. 
  6.26     Sec. 15.  Minnesota Statutes 2003 Supplement, section 
  6.27  148.517, is amended to read: 
  6.28     148.517 [LICENSURE OR CERTIFICATION BY RECIPROCITY.] 
  6.29     Subdivision 1.  [APPLICABILITY.] An applicant who applies 
  6.30  for licensure or certification as a speech-language pathologist 
  6.31  or, audiologist, or speech-language pathology assistant by 
  6.32  reciprocity must meet the requirements of subdivisions 2 and 3.  
  6.33     Subd. 2.  [CURRENT CREDENTIALS REQUIRED.] An applicant 
  6.34  applying for licensure or certification by reciprocity must 
  6.35  provide evidence to the commissioner that the applicant holds a 
  6.36  current and unrestricted credential for the practice of 
  7.1   speech-language pathology or audiology in another jurisdiction 
  7.2   that has requirements equivalent to or higher than those in 
  7.3   effect for determining whether an applicant in this state is 
  7.4   qualified to be licensed or certified as a speech-language 
  7.5   pathologist or, audiologist, or speech-language pathology 
  7.6   assistant.  An applicant for licensure who provides sufficient 
  7.7   evidence need not meet the requirements of section 148.515, 
  7.8   provided that the applicant otherwise meets all other 
  7.9   requirements of section 148.514. 
  7.10     Subd. 3.  [VERIFICATION OF CREDENTIALS REQUIRED.] An 
  7.11  applicant for licensure or certification by reciprocity under 
  7.12  subdivision 2, must have maintained the appropriate and 
  7.13  unrestricted credentials in each jurisdiction during the last 
  7.14  five years as demonstrated by submitting letters of verification 
  7.15  to the commissioner.  Each letter must state the applicant's 
  7.16  name, date of birth, credential number, date of issuance, a 
  7.17  statement regarding disciplinary actions, if any, taken against 
  7.18  the applicant, and the terms under which the credential was 
  7.19  issued.  
  7.20     Sec. 16.  Minnesota Statutes 2003 Supplement, section 
  7.21  148.5175, is amended to read: 
  7.22     148.5175 [TEMPORARY LICENSURE OR CERTIFICATION.] 
  7.23     (a) The commissioner shall issue temporary licensure as a 
  7.24  speech-language pathologist, an audiologist, or both, or 
  7.25  temporary certification as a speech-language pathology assistant 
  7.26  to an applicant who has applied for licensure or certification 
  7.27  under section 148.515, 148.516, 148.517, or 148.518, 
  7.28  subdivisions 1 and 2, or 148.5192 and who: 
  7.29     (1) submits a signed and dated affidavit stating that the 
  7.30  applicant is not the subject of a disciplinary action or past 
  7.31  disciplinary action in this or another jurisdiction and is not 
  7.32  disqualified on the basis of section 148.5195, subdivision 3; 
  7.33  and 
  7.34     (2) either: 
  7.35     (i) provides a copy of a current credential as a 
  7.36  speech-language pathologist, an audiologist, or both, or as a 
  8.1   speech-language pathology assistant held in the District of 
  8.2   Columbia or a state or territory of the United States; or 
  8.3      (ii) provides a copy of a current certificate of clinical 
  8.4   competence issued by the American Speech-Language-Hearing 
  8.5   Association or board certification in audiology by the American 
  8.6   Board of Audiology. 
  8.7      (b) A temporary license or certification issued to a person 
  8.8   under this subdivision section expires 90 days after it is 
  8.9   issued or on the date the commissioner grants or denies 
  8.10  licensure or certification, whichever occurs first.  
  8.11     (c) Upon application, a temporary license or certification 
  8.12  shall be renewed once to a person who is able to demonstrate 
  8.13  good cause for failure to meet the requirements for licensure or 
  8.14  certification within the initial temporary licensure or 
  8.15  certification period and who is not the subject of a 
  8.16  disciplinary action or disqualified on the basis of section 
  8.17  148.5195, subdivision 3. 
  8.18     Sec. 17.  Minnesota Statutes 2003 Supplement, section 
  8.19  148.518, is amended to read: 
  8.20     148.518 [LICENSURE OR CERTIFICATION FOLLOWING LAPSE OF 
  8.21  LICENSURE OR CERTIFICATION STATUS.] 
  8.22     For an applicant whose licensure or certification status 
  8.23  has lapsed, the applicant must:  
  8.24     (1) apply for licensure or certification renewal according 
  8.25  to section 148.5191 and document compliance with the continuing 
  8.26  education requirements of section 148.5193 since the applicant's 
  8.27  license or certification lapsed; 
  8.28     (2) fulfill the requirements of section 148.517; or 
  8.29     (3) apply for renewal according to section 148.5191, 
  8.30  provide evidence to the commissioner that the applicant holds a 
  8.31  current and unrestricted credential for the practice of 
  8.32  speech-language pathology from the Minnesota Board of Teaching 
  8.33  or for the practice of speech-language pathology or audiology in 
  8.34  another jurisdiction that has requirements equivalent to or 
  8.35  higher than those in effect for Minnesota, and provide evidence 
  8.36  of compliance with Minnesota Board of Teaching or that 
  9.1   jurisdiction's continuing education requirements.  
  9.2      Sec. 18.  Minnesota Statutes 2003 Supplement, section 
  9.3   148.519, subdivision 2, is amended to read: 
  9.4      Subd. 2.  [ACTION ON APPLICATIONS FOR LICENSURE.] (a) The 
  9.5   commissioner shall act on an application for licensure or 
  9.6   certification according to paragraphs (b) to (d).  
  9.7      (b) The commissioner shall determine if the applicant meets 
  9.8   the requirements for licensure or certification.  The 
  9.9   commissioner or advisory council may investigate information 
  9.10  provided by an applicant to determine whether the information is 
  9.11  accurate and complete.  
  9.12     (c) The commissioner shall notify an applicant, via 
  9.13  certified mail, of action taken on the application and of the 
  9.14  grounds for denying licensure or certification if licensure or 
  9.15  certification is denied.  
  9.16     (d) An applicant denied licensure or certification may make 
  9.17  a written request to the commissioner, within 30 days of the 
  9.18  date of notification to the applicant, for reconsideration of 
  9.19  the denial. Individuals requesting reconsideration may submit 
  9.20  information that the applicant wants considered in the 
  9.21  reconsideration.  After reconsideration of the commissioner's 
  9.22  determination to deny licensure or certification, the 
  9.23  commissioner shall determine whether the original determination 
  9.24  should be affirmed or modified.  An applicant may make only one 
  9.25  request in any one biennial license or certification period for 
  9.26  reconsideration of the commissioner's determination to deny 
  9.27  licensure or certification. 
  9.28     Sec. 19.  Minnesota Statutes 2003 Supplement, section 
  9.29  148.519, subdivision 3, is amended to read: 
  9.30     Subd. 3.  [CHANGE OF ADDRESS.] A licensee or certification 
  9.31  holder who changes addresses must inform the commissioner, in 
  9.32  writing, of the change of address within 30 days.  All notices 
  9.33  or other correspondence mailed to or served on a licensee by the 
  9.34  commissioner at the licensee's or certification holder's address 
  9.35  on file with the commissioner shall be considered as having been 
  9.36  received by the licensee or certification holder. 
 10.1      Sec. 20.  Minnesota Statutes 2003 Supplement, section 
 10.2   148.5191, subdivision 1, is amended to read: 
 10.3      Subdivision 1.  [RENEWAL REQUIREMENTS.] To renew 
 10.4   licensure or certification, an applicant must:  
 10.5      (1) biennially complete a renewal application on a form 
 10.6   provided by the commissioner and submit the biennial renewal 
 10.7   fee; 
 10.8      (2) meet the continuing education requirements of section 
 10.9   148.5193 and submit evidence of attending continuing education 
 10.10  courses, as required in section 148.5193, subdivision 6; and 
 10.11     (3) submit additional information if requested by the 
 10.12  commissioner to clarify information presented in the renewal 
 10.13  application.  The information must be submitted within 30 days 
 10.14  after the commissioner's request.  
 10.15     Sec. 21.  Minnesota Statutes 2003 Supplement, section 
 10.16  148.5191, subdivision 3, is amended to read: 
 10.17     Subd. 3.  [LICENSURE RENEWAL NOTICE.] Licensure or 
 10.18  certification renewal is on a biennial basis.  At least 60 days 
 10.19  before the licensure or certification expiration date, the 
 10.20  commissioner shall send out a renewal notice to the licensee's 
 10.21  or certification holder's last known address.  The notice shall 
 10.22  include a renewal application and notice of fees required for 
 10.23  renewal.  If the licensee or certification holder does not 
 10.24  receive the renewal notice, the licensee or certification holder 
 10.25  is still required to meet the deadline for renewal to qualify 
 10.26  for continuous licensure or certification status. 
 10.27     Sec. 22.  Minnesota Statutes 2003 Supplement, section 
 10.28  148.5191, subdivision 4, is amended to read: 
 10.29     Subd. 4.  [RENEWAL DEADLINE.] Each license or 
 10.30  certification, including a temporary license provided under 
 10.31  section 148.5161, must state an expiration date.  An application 
 10.32  for licensure or certification renewal must be received by the 
 10.33  Department of Health or postmarked at least 30 days before the 
 10.34  expiration date.  If the postmark is illegible, the application 
 10.35  shall be considered timely if received at least 21 days before 
 10.36  the expiration date.  
 11.1      When the commissioner establishes the renewal schedule for 
 11.2   an applicant, licensee, or temporary licensee, or certification 
 11.3   holder, if the period before the expiration date is less than 
 11.4   two years, the fee shall be prorated.  
 11.5      Sec. 23.  [148.5192] [CERTIFICATION OF SPEECH-LANGUAGE 
 11.6   PATHOLOGY ASSISTANTS.] 
 11.7      Subdivision 1.  [CERTIFICATION REQUIREMENTS.] An applicant 
 11.8   for certification as a speech-language pathology assistant must: 
 11.9      (1) submit a completed application on forms provided by the 
 11.10  commissioner; 
 11.11     (2) submit all fees required under section 148.5194; 
 11.12     (3) meet one of the following requirements:  
 11.13     (i) submit a transcript showing completion of an associate 
 11.14  degree from a speech-language pathology assistant program that 
 11.15  is accredited by the Higher Learning Commission of the North 
 11.16  Central Association of Colleges or its equivalent as approved by 
 11.17  the commissioner; or 
 11.18     (ii) submit a transcript showing completion of a bachelor's 
 11.19  degree in the discipline of communication sciences or disorders, 
 11.20  documentation of additional transcript credit in the area of 
 11.21  instruction in assistant level service delivery practices, and 
 11.22  documentation of having completed 100 hours of supervised field 
 11.23  work experience as a speech-language pathology assistant 
 11.24  student; and 
 11.25     (4) submit any additional information required by the 
 11.26  commissioner. 
 11.27     Subd. 2.  [DELEGATED DUTIES; PROHIBITIONS.] (a) A certified 
 11.28  speech-language pathology assistant may perform only those 
 11.29  duties delegated by a supervising speech-language pathologist 
 11.30  and must be limited to duties within the training and experience 
 11.31  of the speech-language pathology assistant. 
 11.32     (b) Duties may include the following as delegated by the 
 11.33  supervising speech-language pathologist: 
 11.34     (1) assist with speech language and hearing screenings; 
 11.35     (2) implement documented treatment plans or protocols 
 11.36  developed by the supervising speech-language pathologist; 
 12.1      (3) document client performance; 
 12.2      (4) assist with assessments of clients; 
 12.3      (5) assist with preparing materials and scheduling 
 12.4   activities as directed; 
 12.5      (6) perform checks and maintenance of equipment; 
 12.6      (7) support the supervising speech-language pathologist in 
 12.7   research projects, in-service training, and public relations 
 12.8   programs; and 
 12.9      (8) collect data for quality improvement.  
 12.10     (c) A certified speech-language pathology assistant may not:
 12.11     (1) perform standardized or nonstandardized diagnostic 
 12.12  tests, perform formal or informal evaluations, or interpret test 
 12.13  results; 
 12.14     (2) screen or diagnose clients for feeding or swallowing 
 12.15  disorders, including using a checklist or tabulating results of 
 12.16  feeding or swallowing evaluations, or demonstrate swallowing 
 12.17  strategies or precautions to clients or the clients' family; 
 12.18     (3) participate in parent conferences, case conferences, or 
 12.19  any interdisciplinary team without the presence of the 
 12.20  supervising speech-language pathologist or other licensed 
 12.21  speech-language pathologist as authorized by the supervising 
 12.22  speech-language pathologist; 
 12.23     (4) provide client or family counseling or consult with the 
 12.24  client or the family regarding the client status or service; 
 12.25     (5) write, develop, or modify a client's individualized 
 12.26  treatment plan or individualized education program; 
 12.27     (6) select clients for service; 
 12.28     (7) discharge clients from service; 
 12.29     (8) disclose clinical or confidential information either 
 12.30  orally or in writing to anyone other than the supervising 
 12.31  speech-language pathologist; or 
 12.32     (9) make referrals for additional services.  
 12.33     (d) A certified speech-language pathology assistant must 
 12.34  not sign any formal documents, including treatment plans, 
 12.35  education plans, reimbursement forms, or reports.  The 
 12.36  speech-language pathology assistant must sign or initial all 
 13.1   treatment notes written by the assistant. 
 13.2      Subd. 3.  [SUPERVISION REQUIREMENTS.] (a) A supervising 
 13.3   speech-language pathologist shall authorize and accept full 
 13.4   responsibility for the performance, practice, and activity of a 
 13.5   speech-language pathology assistant. 
 13.6      (b) A supervising speech-language pathologist must meet the 
 13.7   following requirements:  
 13.8      (1) be licensed under sections 148.511 to 148.5196; 
 13.9      (2) hold a certificate of clinical competence from the 
 13.10  American Speech-Language-Hearing Association or its equivalent 
 13.11  as approved by the commissioner; and 
 13.12     (3) have completed at least one continuing education unit 
 13.13  in supervision.  
 13.14     (c) The supervision of a speech-language pathology 
 13.15  assistant shall be maintained on the following schedule:  
 13.16     (1) for the first 90 work days, within a 40-hour work week, 
 13.17  30 percent of the work performed by the speech-language 
 13.18  pathology assistant must be supervised and at least 20 percent 
 13.19  of this supervision must be direct supervision; and 
 13.20     (2) for the work period after the initial 90-day period, 
 13.21  within a 40-hour work week, 20 percent of the work must be 
 13.22  supervised and at least ten percent of this supervision must be 
 13.23  direct supervision.  
 13.24     (d) For purposes of this section, "direct supervision" 
 13.25  means on-site, in-view observation and guidance by the 
 13.26  supervising speech-language pathologist during the performance 
 13.27  of a delegated duty.  The supervision requirements described in 
 13.28  this section are minimum requirements.  Additional supervision 
 13.29  requirements may be imposed at the discretion of the supervising 
 13.30  speech-language pathologist.  
 13.31     (e) A supervising speech-language pathologist must be 
 13.32  available to communicate with a speech-language pathology 
 13.33  assistant at any time the assistant is in direct contact with a 
 13.34  client.  
 13.35     (f) A supervising speech-language pathologist must document 
 13.36  activities performed by the assistant that are directly 
 14.1   supervised by the supervising speech-language pathologist.  At a 
 14.2   minimum, the documentation must include: 
 14.3      (1) information regarding the quality of the 
 14.4   speech-language pathology assistant's performance of the 
 14.5   delegated duties; and 
 14.6      (2) verification that any delegated clinical activity was 
 14.7   limited to duties authorized to be performed by the 
 14.8   speech-language pathology assistant under this section.  
 14.9      (g) A supervising speech-language pathologist must review 
 14.10  and cosign all informal treatment notes signed or initialed by 
 14.11  the speech-language pathology assistant.  
 14.12     (h) A full-time speech-language pathologist may supervise 
 14.13  no more than one full-time speech-language pathology assistant 
 14.14  or the equivalent of one full-time assistant. 
 14.15     Subd. 4.  [NOTIFICATION.] Any agency that intends to 
 14.16  utilize the services of a certified speech-language pathology 
 14.17  assistant must provide written notification to the client or, if 
 14.18  the client is younger than 18 years old, to the client's parent 
 14.19  or guardian before a certified speech-language pathology 
 14.20  assistant may perform any of the duties described in this 
 14.21  section.  
 14.22     Sec. 24.  Minnesota Statutes 2003 Supplement, section 
 14.23  148.5193, subdivision 1, is amended to read: 
 14.24     Subdivision 1.  [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 
 14.25  applicant for licensure renewal must meet the requirements for 
 14.26  continuing education stipulated by the American 
 14.27  Speech-Language-Hearing Association or the American Board of 
 14.28  Audiology, or satisfy the requirements described in paragraphs 
 14.29  (b) to (e).  
 14.30     (b) An applicant for licensure renewal as either a 
 14.31  speech-language pathologist or an audiologist must provide 
 14.32  evidence to the commissioner of a minimum of 30 contact hours of 
 14.33  continuing education offered by a continuing education sponsor 
 14.34  within the two years immediately preceding licensure renewal.  A 
 14.35  minimum of 20 contact hours of continuing education must be 
 14.36  directly related to the licensee's area of licensure.  Ten 
 15.1   contact hours of continuing education may be in areas generally 
 15.2   related to the licensee's area of licensure.  
 15.3      (c) An applicant for licensure renewal as both a 
 15.4   speech-language pathologist and an audiologist must attest to 
 15.5   and document completion of a minimum of 36 contact hours of 
 15.6   continuing education offered by a continuing education sponsor 
 15.7   within the two years immediately preceding licensure renewal.  A 
 15.8   minimum of 15 contact hours must be received in the area of 
 15.9   speech-language pathology and a minimum of 15 contact hours must 
 15.10  be received in the area of audiology.  Six contact hours of 
 15.11  continuing education may be in areas generally related to the 
 15.12  licensee's areas of licensure.  
 15.13     (d) If the licensee is licensed by the Board of Teaching: 
 15.14     (1) activities that are approved in the categories of 
 15.15  Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 
 15.16  that relate to speech-language pathology, shall be considered: 
 15.17     (i) offered by a sponsor of continuing education; and 
 15.18     (ii) directly related to speech-language pathology; 
 15.19     (2) activities that are approved in the categories of 
 15.20  Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 
 15.21     (i) offered by a sponsor of continuing education; and 
 15.22     (ii) generally related to speech-language pathology; and 
 15.23     (3) one clock hour as defined in Minnesota Rules, part 
 15.24  8700.1000, subpart 1, is equivalent to 1.0 contact hours of 
 15.25  continuing education.  
 15.26     (e) Contact hours cannot may not be accumulated in advance 
 15.27  and transferred to a future continuing education period.  
 15.28     (f) An applicant for certification renewal must provide 
 15.29  evidence to the commissioner of a minimum of ten contact hours 
 15.30  of continuing education offered by a continuing education 
 15.31  sponsor within the two years immediately preceding certification 
 15.32  renewal.  Contact hours may not be accumulated in advance and 
 15.33  transferred to a future continuing education period.  
 15.34     Sec. 25.  Minnesota Statutes 2003 Supplement, section 
 15.35  148.5193, subdivision 4, is amended to read: 
 15.36     Subd. 4.  [EARNING CONTINUING EDUCATION CONTACT HOURS 
 16.1   THROUGH CONTACT HOUR EQUIVALENTS.] (a) A licensee or 
 16.2   certification holder who teaches continuing education courses or 
 16.3   presents or publishes for educational purposes may obtain 
 16.4   contact hour equivalents according to paragraphs (b) to (d). 
 16.5      (b) The sponsor of the course must meet the requirements of 
 16.6   subdivision 2.  
 16.7      (c) A licensee may not obtain more than six contact 
 16.8   hours and a certification holder may not obtain more than two 
 16.9   contact hours in any two-year continuing education period by 
 16.10  teaching continuing education courses.  
 16.11     (d) A licensee or certification holder may obtain two 
 16.12  contact hours for each hour spent teaching a course.  Contact 
 16.13  hours may be claimed only once for teaching the same course in 
 16.14  any two-year continuing education period.  
 16.15     Sec. 26.  Minnesota Statutes 2003 Supplement, section 
 16.16  148.5193, subdivision 6, is amended to read: 
 16.17     Subd. 6.  [RECORDS OF ATTENDANCE.] (a) A licensee or 
 16.18  certification holder must maintain for four years records of 
 16.19  attending the continuing education contact hours required for 
 16.20  licensure or certification renewal.  
 16.21     (b) An applicant for licensure or certification renewal 
 16.22  must submit documentation demonstrating compliance with 
 16.23  continuing education requirements of the American 
 16.24  Speech-Language-Hearing Association or the American Board of 
 16.25  Audiology or an equivalent, or the following information on a 
 16.26  form provided by the commissioner:  the sponsoring organization, 
 16.27  the dates of the course, the course name, the number of contact 
 16.28  hours completed, and the name and signature of the licensee or 
 16.29  certification holder.  The form must be submitted with the 
 16.30  renewal application under section 148.5191, subdivision 1.  
 16.31     Sec. 27.  Minnesota Statutes 2003 Supplement, section 
 16.32  148.5193, subdivision 6a, is amended to read: 
 16.33     Subd. 6a.  [VERIFICATION OF ATTENDANCE.] An applicant for 
 16.34  licensure or certification renewal must submit verification of 
 16.35  attendance as follows: 
 16.36     (1) a certificate of attendance from the sponsor with the 
 17.1   continuing education course name, course date, and licensee's or 
 17.2   certification holder's name.  If a certificate of attendance is 
 17.3   not available, the commissioner may accept other evidence of 
 17.4   attendance such as a confirmation or statement of registration 
 17.5   for regional or national annual conferences or conventions of 
 17.6   professional associations, a copy of the continuing education 
 17.7   courses indicating those attended, and an affidavit of 
 17.8   attendance; 
 17.9      (2) a copy of a record of attendance from the sponsor of 
 17.10  the continuing education course; 
 17.11     (3) a signature of the presenter or a designee at the 
 17.12  continuing education activity on the continuing education report 
 17.13  form; 
 17.14     (4) a summary or outline of the educational content of an 
 17.15  audio or video educational activity if a designee is not 
 17.16  available to sign the continuing education report form; 
 17.17     (5) for self-study programs, a certificate of completion or 
 17.18  other documentation indicating that the individual has 
 17.19  demonstrated knowledge and has successfully completed the 
 17.20  program; or 
 17.21     (6) for attendance at a university, college, or vocational 
 17.22  course, an official transcript. 
 17.23     Sec. 28.  Minnesota Statutes 2003 Supplement, section 
 17.24  148.5193, subdivision 7, is amended to read: 
 17.25     Subd. 7.  [VERIFICATION OF CONTINUING EDUCATION REPORTS.] 
 17.26  The commissioner may request a licensee, certification holder, 
 17.27  or continuing education sponsor to verify the continuing 
 17.28  education to which the licensee or certification holder attested.
 17.29  Documentation may come directly from the licensee or 
 17.30  certification holder, the continuing education sponsor, or from 
 17.31  a national accrediting or certifying organization which 
 17.32  maintains the records.  
 17.33     Sec. 29.  Minnesota Statutes 2003 Supplement, section 
 17.34  148.5193, subdivision 8, is amended to read: 
 17.35     Subd. 8.  [WAIVER OF CONTINUING EDUCATION REQUIREMENTS.] 
 17.36  The commissioner may grant a waiver of the requirements of this 
 18.1   section in cases where the requirements would impose an undue 
 18.2   burden on the licensee or certification holder.  A licensee or 
 18.3   certification holder must request in writing a waiver of the 
 18.4   requirements of this section.  The request for a waiver must 
 18.5   cite this section, the reasons for requesting the waiver, the 
 18.6   period of time the licensee or certification holder wishes to 
 18.7   have the continuing education requirement waived, and the 
 18.8   alternative measures that will be taken if a waiver is granted.  
 18.9   The commissioner shall set forth, in writing, the reasons for 
 18.10  granting or denying the waiver.  Waivers granted by the 
 18.11  commissioner shall specify in writing the time limitation and 
 18.12  required alternative measures to be taken by the licensee or 
 18.13  certification holder. 
 18.14     Sec. 30.  Minnesota Statutes 2003 Supplement, section 
 18.15  148.5194, subdivision 1, is amended to read: 
 18.16     Subdivision 1.  [FEE PRORATION.] The commissioner shall 
 18.17  prorate the licensure fee for clinical fellowship, doctoral 
 18.18  externship, temporary, and first time licensees and 
 18.19  certification fees for speech-language pathology assistants 
 18.20  according to the number of months that have elapsed between the 
 18.21  date the license or certification is issued and the date the 
 18.22  license or certification expires or must be renewed under 
 18.23  section 148.5191, subdivision 4.  
 18.24     Sec. 31.  Minnesota Statutes 2003 Supplement, section 
 18.25  148.5194, subdivision 2, is amended to read: 
 18.26     Subd. 2.  [BIENNIAL LICENSURE AND CERTIFICATION FEE.] The 
 18.27  fee for initial licensure and biennial licensure, clinical 
 18.28  fellowship licensure, temporary licensure, or renewal is 
 18.29  $200.  The fee for initial certification and biennial 
 18.30  certification or renewal is $100.  
 18.31     Sec. 32.  Minnesota Statutes 2003 Supplement, section 
 18.32  148.5195, subdivision 2, is amended to read: 
 18.33     Subd. 2.  [RIGHTS OF APPLICANTS AND LICENSEES.] The rights 
 18.34  of an applicant denied licensure or certification are stated in 
 18.35  section 148.519, subdivision 2, paragraph (d).  A licensee or 
 18.36  certification holder shall not be subjected to disciplinary 
 19.1   action under this section without first having an opportunity 
 19.2   for a contested case hearing under chapter 14.  
 19.3      Sec. 33.  Minnesota Statutes 2003 Supplement, section 
 19.4   148.5195, subdivision 3, is amended to read: 
 19.5      Subd. 3.  [GROUNDS FOR DISCIPLINARY ACTION BY 
 19.6   COMMISSIONER.] The commissioner may take any of the disciplinary 
 19.7   actions listed in subdivision 4 on proof that the individual has:
 19.8      (1) intentionally submitted false or misleading information 
 19.9   to the commissioner or the advisory council; 
 19.10     (2) failed, within 30 days, to provide information in 
 19.11  response to a written request, via certified mail, by the 
 19.12  commissioner or advisory council; 
 19.13     (3) performed services of a speech-language pathologist or, 
 19.14  audiologist, or speech-language pathology assistant in an 
 19.15  incompetent or negligent manner; 
 19.16     (4) violated sections 148.511 to 148.5196; 
 19.17     (5) failed to perform services with reasonable judgment, 
 19.18  skill, or safety due to the use of alcohol or drugs, or other 
 19.19  physical or mental impairment; 
 19.20     (6) violated any state or federal law, rule, or regulation, 
 19.21  and the violation is a felony or misdemeanor, an essential 
 19.22  element of which is dishonesty, or which relates directly or 
 19.23  indirectly to the practice of speech-language pathology or 
 19.24  audiology.  Conviction for violating any state or federal law 
 19.25  which relates to speech-language pathology or audiology is 
 19.26  necessarily considered to constitute a violation, except as 
 19.27  provided in chapter 364; 
 19.28     (7) aided or abetted another person in violating any 
 19.29  provision of sections 148.511 to 148.5196; 
 19.30     (8) been or is being disciplined by another jurisdiction, 
 19.31  if any of the grounds for the discipline is the same or 
 19.32  substantially equivalent to those under sections 148.511 to 
 19.33  148.5196; 
 19.34     (9) not cooperated with the commissioner or advisory 
 19.35  council in an investigation conducted according to subdivision 
 19.36  1; 
 20.1      (10) advertised in a manner that is false or misleading; 
 20.2      (11) engaged in conduct likely to deceive, defraud, or harm 
 20.3   the public; or demonstrated a willful or careless disregard for 
 20.4   the health, welfare, or safety of a client; 
 20.5      (12) failed to disclose to the consumer any fee splitting 
 20.6   or any promise to pay a portion of a fee to any other 
 20.7   professional other than a fee for services rendered by the other 
 20.8   professional to the client; 
 20.9      (13) engaged in abusive or fraudulent billing practices, 
 20.10  including violations of federal Medicare and Medicaid laws, Food 
 20.11  and Drug Administration regulations, or state medical assistance 
 20.12  laws; 
 20.13     (14) obtained money, property, or services from a consumer 
 20.14  through the use of undue influence, high pressure sales tactics, 
 20.15  harassment, duress, deception, or fraud; 
 20.16     (15) performed services for a client who had no possibility 
 20.17  of benefiting from the services; 
 20.18     (16) failed to refer a client for medical evaluation or to 
 20.19  other health care professionals when appropriate or when a 
 20.20  client indicated symptoms associated with diseases that could be 
 20.21  medically or surgically treated; 
 20.22     (17) if the individual is a dispenser of hearing 
 20.23  instruments as defined by section 153A.13, subdivision 5, had 
 20.24  the certification required by chapter 153A, denied, suspended, 
 20.25  or revoked according to chapter 153A; or 
 20.26     (18) used the term doctor of audiology, doctor of 
 20.27  speech-language pathology, AuD, or SLPD without having obtained 
 20.28  the degree from an institution accredited by the North Central 
 20.29  Association of Colleges and Secondary Schools, the Council on 
 20.30  Academic Accreditation in Audiology and Speech-Language 
 20.31  Pathology, the United States Department of Education, or an 
 20.32  equivalent. 
 20.33     Sec. 34.  Minnesota Statutes 2003 Supplement, section 
 20.34  148.5195, subdivision 4, is amended to read: 
 20.35     Subd. 4.  [DISCIPLINARY ACTIONS.] If the commissioner finds 
 20.36  that an individual should be disciplined according to 
 21.1   subdivision 3, the commissioner may take any one or more of the 
 21.2   following actions:  
 21.3      (1) refuse to grant or renew licensure or certification; 
 21.4      (2) suspend licensure or certification for a period not 
 21.5   exceeding one year; 
 21.6      (3) revoke licensure or certification; 
 21.7      (4) take any reasonable lesser action against an individual 
 21.8   upon proof that the individual has violated sections 148.511 to 
 21.9   148.5196; or 
 21.10     (5) impose, for each violation, a civil penalty not 
 21.11  exceeding $10,000 that deprives the licensee or certification 
 21.12  holder of any economic advantage gained by the violation and 
 21.13  that reimburses the Department of Health for costs of the 
 21.14  investigation and proceedings resulting in disciplinary action, 
 21.15  including the amount paid for services of the administrative 
 21.16  hearings, the amount paid for services of the Office of the 
 21.17  Attorney General, attorney fees, court reporters, witnesses, 
 21.18  reproduction of records, advisory council members' per diem 
 21.19  compensation, department staff time, and expenses incurred by 
 21.20  advisory council members and department staff.  
 21.21     Sec. 35.  Minnesota Statutes 2003 Supplement, section 
 21.22  148.5195, subdivision 5, is amended to read: 
 21.23     Subd. 5.  [CONSEQUENCES OF DISCIPLINARY ACTIONS.] Upon the 
 21.24  suspension or revocation of licensure or certification, the 
 21.25  speech-language pathologist or, audiologist, or speech-language 
 21.26  pathology assistant shall cease to practice speech-language 
 21.27  pathology or audiology, to use titles protected under sections 
 21.28  148.511 to 148.5196, and to represent to the public that the 
 21.29  speech-language pathologist or audiologist is licensed by the 
 21.30  commissioner, if applicable, or that the speech-language 
 21.31  pathology assistant is certified by the commissioner.  
 21.32     Sec. 36.  Minnesota Statutes 2003 Supplement, section 
 21.33  148.5195, subdivision 6, is amended to read: 
 21.34     Subd. 6.  [REINSTATEMENT REQUIREMENTS AFTER DISCIPLINARY 
 21.35  ACTION.] A speech-language pathologist or, audiologist, or 
 21.36  speech-language pathology assistant who has had licensure or 
 22.1   certification suspended may petition on forms provided by the 
 22.2   commissioner for reinstatement following the period of 
 22.3   suspension specified by the commissioner.  The requirements of 
 22.4   section 148.5191 for renewing licensure must be met before 
 22.5   licensure may be reinstated.  
 22.6      Sec. 37.  Minnesota Statutes 2003 Supplement, section 
 22.7   148.5196, subdivision 3, is amended to read: 
 22.8      Subd. 3.  [DUTIES.] The advisory council shall:  
 22.9      (1) advise the commissioner regarding speech-language 
 22.10  pathologist and audiologist licensure standards; 
 22.11     (2) advise the commissioner regarding speech-language 
 22.12  pathology assistant certification standards and scope of 
 22.13  practice; 
 22.14     (2) (3) advise the commissioner on enforcement of sections 
 22.15  148.511 to 148.5196; 
 22.16     (3) (4) provide for distribution of information regarding 
 22.17  speech-language pathologist and audiologist licensure 
 22.18  standards and speech-language pathology assistant certification 
 22.19  standards; 
 22.20     (4) (5) review applications and make recommendations to the 
 22.21  commissioner on granting or denying licensure, certification, or 
 22.22  licensure or certification renewal; 
 22.23     (5) (6) review reports of investigations relating to 
 22.24  individuals and make recommendations to the commissioner as to 
 22.25  whether licensure or certification should be denied or 
 22.26  disciplinary action taken against the individual; 
 22.27     (6) (7) advise the commissioner regarding approval of 
 22.28  continuing education activities provided by sponsors using the 
 22.29  criteria in section 148.5193, subdivision 2; and 
 22.30     (7) (8) perform other duties authorized for advisory 
 22.31  councils under chapter 214, or as directed by the commissioner.