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; modifying licensing requirements 1.3 for speech-language pathologists, audiologists, and 1.4 occupational therapy practitioners; amending Minnesota 1.5 Statutes 2002, sections 148.6402, by adding a 1.6 subdivision; 148.6403, subdivision 5; 148.6405; 1.7 148.6428; 148.6443, subdivisions 1, 5; Minnesota 1.8 Statutes 2003 Supplement, sections 148.5161, 1.9 subdivision 4; 148.5175; 148.518; 148.5193, 1.10 subdivision 1. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 Section 1. Minnesota Statutes 2003 Supplement, section 1.13 148.5161, subdivision 4, is amended to read: 1.14 Subd. 4. [DOCTORAL EXTERNSHIP LICENSURE.] Doctoral 1.15 candidates in audiology completing their final externship as 1.16 part of their training program are eligible to receive a 1.17
provisionaldoctoral externship license in audiology and are not 1.18 required to complete the postgraduate clinical fellowship year. 1.19 Sec. 2. Minnesota Statutes 2003 Supplement, section 1.20 148.5175, is amended to read: 1.21 148.5175 [TEMPORARY LICENSURE.] 1.22 (a) The commissioner shall issue temporary licensure as a 1.23 speech-language pathologist, an audiologist, or both, to an 1.24 applicant who has applied for licensure under section 148.515, 1.25 148.516, 148.517, or 148.518 , subdivisions 1 and 2,and who: 1.26 (1) submits a signed and dated affidavit stating that the 1.27 applicant is not the subject of a disciplinary action or past 1.28 disciplinary action in this or another jurisdiction and is not 2.1 disqualified on the basis of section 148.5195, subdivision 3; 2.2 and 2.3 (2) either: 2.4 (i) provides a copy of a current credential as a 2.5 speech-language pathologist, an audiologist, or both, held in 2.6 the District of Columbia or a state or territory of the United 2.7 States; or 2.8 (ii) provides a copy of a current certificate of clinical 2.9 competence issued by the American Speech-Language-Hearing 2.10 Association or board certification in audiology by the American 2.11 Board of Audiology. 2.12 (b) A temporary license issued to a person under this 2.13 subdivision expires 90 days after it is issued or on the date 2.14 the commissioner grants or denies licensure, whichever occurs 2.15 first. 2.16 (c) Upon application, a temporary license shall be renewed 2.17 once to a person who is able to demonstrate good cause for 2.18 failure to meet the requirements for licensure within the 2.19 initial temporary licensure period and who is not the subject of 2.20 a disciplinary action or disqualified on the basis of section 2.21 148.5195, subdivision 3. 2.22 Sec. 3. Minnesota Statutes 2003 Supplement, section 2.23 148.518, is amended to read: 2.24 148.518 [LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.] 2.25 For an applicant whose licensure status has lapsed, the 2.26 applicant must: 2.27 (1) apply for licensure renewal according to section 2.28 148.5191 and document compliance with the continuing education 2.29 requirements of section 148.5193 since the applicant's license 2.30 lapsed; 2.31 (2) fulfill the requirements of section 148.517; or2.32 (3) apply for renewal according to section 148.5191, 2.33 provide evidence to the commissioner that the applicant holds a 2.34 current and unrestricted credential for the practice of 2.35 speech-language pathology from the Minnesota Board of Teaching 2.36 or for the practice of speech-language pathology or audiology in 3.1 another jurisdiction that has requirements equivalent to or 3.2 higher than those in effect for Minnesota, and provide evidence 3.3 of compliance with Minnesota Board of Teaching or that 3.4 jurisdiction's continuing education requirements; or 3.5 (4) apply for renewal according to section 148.5191 and 3.6 submit verified documentation of successful completion of 160 3.7 hours of supervised practice approved by the commissioner. To 3.8 participate in a supervised practice, the applicant shall first 3.9 apply and obtain temporary licensing according to section 3.10 148.5161. 3.11 Sec. 4. Minnesota Statutes 2003 Supplement, section 3.12 148.5193, subdivision 1, is amended to read: 3.13 Subdivision 1. [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 3.14 applicant for licensure renewal must meet the requirements for 3.15 continuing education stipulated by the American 3.16 Speech-Language-Hearing Association or the American Board of 3.17 Audiology, or satisfy the requirements described in paragraphs 3.18 (b) to (e). 3.19 (b) Within one month following expiration of a license, an 3.20 applicant for licensure renewal as either a speech-language 3.21 pathologist or an audiologist must provide evidence to the 3.22 commissioner of a minimum of 30 contact hours of continuing 3.23 education offered by a continuing education sponsorobtained 3.24 within the two years immediately preceding licensure renewal3.25 expiration. A minimum of 20 contact hours of continuing 3.26 education must be directly related to the licensee's area of 3.27 licensure. Ten contact hours of continuing education may be in 3.28 areas generally related to the licensee's area of licensure. 3.29 Licensees who are issued licenses for a period of less than two 3.30 years shall prorate the number of contact hours required for 3.31 licensure renewal based on the number of months licensed during 3.32 the biennial licensure period. Licensees shall receive contact 3.33 hours for continuing education activities only for the biennial 3.34 licensure period in which the continuing education activity was 3.35 performed. 3.36 (c) An applicant for licensure renewal as both a 4.1 speech-language pathologist and an audiologist must attest to 4.2 and document completion of a minimum of 36 contact hours of 4.3 continuing education offered by a continuing education sponsor 4.4 within the two years immediately preceding licensure renewal. A 4.5 minimum of 15 contact hours must be received in the area of 4.6 speech-language pathology and a minimum of 15 contact hours must 4.7 be received in the area of audiology. Six contact hours of 4.8 continuing education may be in areas generally related to the 4.9 licensee's areas of licensure. Licensees who are issued 4.10 licenses for a period of less than two years shall prorate the 4.11 number of contact hours required for licensure renewal based on 4.12 the number of months licensed during the biennial licensure 4.13 period. Licensees shall receive contact hours for continuing 4.14 education activities only for the biennial licensure period in 4.15 which the continuing education activity was performed. 4.16 (d) If the licensee is licensed by the Board of Teaching: 4.17 (1) activities that are approved in the categories of 4.18 Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 4.19 that relate to speech-language pathology, shall be considered: 4.20 (i) offered by a sponsor of continuing education; and 4.21 (ii) directly related to speech-language pathology; 4.22 (2) activities that are approved in the categories of 4.23 Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 4.24 (i) offered by a sponsor of continuing education; and 4.25 (ii) generally related to speech-language pathology; and 4.26 (3) one clock hour as defined in Minnesota Rules, part 4.27 8700.1000, subpart 1, is equivalent to 1.0 contact hours of 4.28 continuing education. 4.29 (e) Contact hours cannot be accumulated in advance and 4.30 transferred to a future continuing education period. 4.31 Sec. 5. Minnesota Statutes 2002, section 148.6402, is 4.32 amended by adding a subdivision to read: 4.33 Subd. 22a. [LIMITED LICENSE.] "Limited license" means a 4.34 license issued according to section 148.6425, subdivision 3, 4.35 paragraph (c), to persons who have allowed their license to 4.36 lapse for four years or more and who choose a supervised 5.1 practice as the method for renewing their license status. 5.2 Sec. 6. Minnesota Statutes 2002, section 148.6403, 5.3 subdivision 5, is amended to read: 5.4 Subd. 5. [EXEMPT PERSONS.] This section does not apply to: 5.5 (1) a person employed as an occupational therapist or 5.6 occupational therapy assistant by the government of the United 5.7 States or any agency of it. However, use of the protected 5.8 titles under those circumstances is allowed only in connection 5.9 with performance of official duties for the federal government; 5.10 (2) a student participating in supervised fieldwork or 5.11 supervised coursework that is necessary to meet the requirements 5.12 of section 148.6408, subdivision 1, or 148.6410, subdivision 1, 5.13 if the person is designated by a title which clearly indicates 5.14 the person's status as a student trainee. Any use of the 5.15 protected titles under these circumstances is allowed only while 5.16 the person is performing the duties of the supervised fieldwork 5.17 or supervised coursework; or 5.18 (3) a person visiting and then leaving the state and 5.19 performing occupational therapy services while in the state, if 5.20 the services are performed no more than 30 days in a calendar 5.21 year as part of a professional activity that is limited in scope 5.22 and duration and is in association with an occupational 5.23 therapist licensed under sections 148.6401 to 148.6450, and 5.24 (i) the person is credentialed under the law of another 5.25 state which has credentialing requirements at least as stringent 5.26 as the requirements of sections 148.6401 to 148.6450; or 5.27 (ii) the person meets the requirements for certification as 5.28 an occupational therapist registered (OTR) or a certified 5.29 occupational therapy assistant (COTA), established by the 5.30 National Board for Certification in Occupational Therapy. 5.31 Sec. 7. Minnesota Statutes 2002, section 148.6405, is 5.32 amended to read: 5.33 148.6405 [LICENSURE APPLICATION REQUIREMENTS ;: PROCEDURES 5.34 AND QUALIFICATIONS.] 5.35 (a) An applicant for licensure must comply with the general5.36 licensure proceduresapplication requirements in section 6.1 148.6420. To qualify for licensure, an applicant must satisfy 6.2 one of the requirements in paragraphs (b) to (f) and not be 6.3 subject to denial of licensure under section 148.6448. 6.4 (b) A person who applies for licensure as an occupational 6.5 therapist and who has not been credentialed by the National 6.6 Board for Certification in Occupational Therapy or another 6.7 jurisdiction must meet the requirements in section 148.6408. 6.8 (c) A person who applies for licensure as an occupational 6.9 therapy assistant and who has not been credentialed by the 6.10 National Board for Certification in Occupational Therapy or 6.11 another jurisdiction must meet the requirements in section 6.12 148.6410. 6.13 (d) A person who is certified by the National Board for 6.14 Certification in Occupational Therapy may apply for licensure by 6.15 equivalency and must meet the requirements in section 148.6412. 6.16 (e) A person who is credentialed in another jurisdiction 6.17 may apply for licensure by reciprocity and must meet the 6.18 requirements in section 148.6415. 6.19 (f) A person who applies for temporary licensure must meet 6.20 the requirements in section 148.6418. 6.21 Sec. 8. Minnesota Statutes 2002, section 148.6428, is 6.22 amended to read: 6.23 148.6428 [CHANGE OF ADDRESS OR EMPLOYMENT.] 6.24 A licensee who changes addresses or employment must inform 6.25 the commissioner, in writing, of the change of address, 6.26 employment, business address, or business telephone number 6.27 within 30 days. All notices or other correspondence mailed to 6.28 or served on a licensee by the commissioner at the licensee's 6.29 address on file with the commissioner shall be considered as 6.30 having been received by the licensee. 6.31 Sec. 9. Minnesota Statutes 2002, section 148.6443, 6.32 subdivision 1, is amended to read: 6.33 Subdivision 1. [GENERAL REQUIREMENTS.] An occupational 6.34 therapist applying for licensure renewal must have completed a 6.35 minimum of 24 contact hours of continuing education in the two 6.36 years preceding licensure renewal. An occupational therapy 7.1 assistant applying for licensure renewal must have completed a 7.2 minimum of 18 contact hours of continuing education in the two 7.3 years preceding licensure renewal. Licensees who are issued 7.4 licenses for a period of less than two years shall prorate the 7.5 number of contact hours required for licensure renewal based on 7.6 the number of months licensed during the biennial licensure 7.7 period. Licensees shall receive contact hours for continuing 7.8 education activities only for the biennial licensure period in 7.9 which the continuing education activity was performed. 7.10 To qualify as a continuing education activity, the activity 7.11 must be a minimum of one contact hour. Contact hours must be 7.12 earned and reported in increments of one contact hour or 7.13 one-half contact hour forafter the first contact hour of each 7.14 continuing education activity. One-half contact hour means an 7.15 instructional session of 30 consecutive minutes, excluding 7.16 coffee breaks, registration, meals without a speaker, and social 7.17 activities. 7.18 Each licensee is responsible for financing the cost of the 7.19 licensee's continuing education activities. 7.20 Sec. 10. Minnesota Statutes 2002, section 148.6443, 7.21 subdivision 5, is amended to read: 7.22 Subd. 5. [REPORTING CONTINUING EDUCATION CONTACT HOURS.] 7.23 At the time ofWithin one month following licensure renewal7.24 expiration, each licensee shall submit verification that the 7.25 licensee has met the continuing education requirements of this 7.26 section on the continuing education report form provided by the 7.27 commissioner. The continuing education report form may require 7.28 the following information: 7.29 (1) title of continuing education activity; 7.30 (2) brief description of the continuing education activity; 7.31 (3) sponsor, presenter, or author; 7.32 (4) location and attendance dates; 7.33 (5) number of contact hours; and 7.34 (6) licensee's notarized affirmation that the information 7.35 is true and correct.