HF 2340

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to health professions; providing for the 
  1.3             registration of speech-language pathologists and 
  1.4             audiologists by the department of health; providing 
  1.5             penalties; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 148; repealing Minnesota Rules, 
  1.7             parts 4750.0010; 4750.0020; 4750.0030; 4750.0040; 
  1.8             4750.0050; 4750.0060; 4750.0070; 4750.0080; 4750.0090; 
  1.9             4750.0100; 4750.0200; 4750.0300; 4750.0400; 4750.0500; 
  1.10            4750.0600; and 4750.0700. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
  1.12           SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS 
  1.13     Section 1.  [148.511] [SPEECH-LANGUAGE PATHOLOGISTS AND 
  1.14  AUDIOLOGISTS.] 
  1.15     Sections 148.511 to 148.5196 apply only to persons who are 
  1.16  applicants for registration, who are registered, who use 
  1.17  protected titles, or who represent that they are registered.  
  1.18  Sections 148.511 to 148.5196 do not apply to school personnel 
  1.19  licensed by the board of teaching under Minnesota Rules, part 
  1.20  8700.5505, provided that school personnel practicing within the 
  1.21  scope of their licensed occupation preface titles protected 
  1.22  under section 148.513 with the words "school" or "educational." 
  1.23     Sec. 2.  [148.512] [DEFINITIONS.] 
  1.24     Subdivision 1.  [SCOPE.] For the purpose of sections 
  1.25  148.511 to 148.5196, the following terms have the meanings given 
  1.26  to them. 
  1.27     Subd. 2.  [ACCREDITED EDUCATIONAL INSTITUTION.] "Accredited 
  1.28  educational institution" means a university, college, or other 
  2.1   post-secondary educational institution that offers 
  2.2   speech-language pathology or audiology training and that is 
  2.3   accredited by the American Speech-Language-Hearing Association 
  2.4   or the National Council for Accreditation of Teacher Education.  
  2.5      Subd. 3.  [ADVISORY COUNCIL.] "Advisory council" means the 
  2.6   Minnesota Speech-Language Pathologist and Audiologist Advisory 
  2.7   Council established under section 214.13, subdivision 4.  
  2.8      Subd. 4.  [APPLICANT.] "Applicant" means a person who 
  2.9   applies to the commissioner for registration or registration 
  2.10  renewal.  
  2.11     Subd. 5.  [APPROVED CONTINUING EDUCATION 
  2.12  SPONSOR.] "Approved continuing education sponsor" means an 
  2.13  organization that offers a learning experience designed to 
  2.14  promote continuing competency in the procedures and techniques 
  2.15  of the practice of speech-language pathology or audiology and 
  2.16  that meets the criteria in section 148.5193, subdivision 3, or 
  2.17  is a preapproved sponsor listed in section 148.5193, subdivision 
  2.18  2. 
  2.19     Subd. 6.  [AUDIOLOGIST.] "Audiologist" means a natural 
  2.20  person who engages in the practice of audiology, meets the 
  2.21  qualifications required by sections 148.511 to 148.5196, and 
  2.22  registers as an audiologist with the commissioner.  Audiologist 
  2.23  also means a natural person using any descriptive word with the 
  2.24  title audiologist.  
  2.25     Subd. 7.  [COMMISSIONER.] "Commissioner" means the 
  2.26  commissioner of the department of health or a designee.  
  2.27     Subd. 8.  [CONTACT HOUR.] "Contact hour" means an 
  2.28  instructional session of 50 consecutive minutes, excluding 
  2.29  coffee breaks, registration, meals without a speaker, and social 
  2.30  activities.  
  2.31     Subd. 9.  [CONTINUING EDUCATION.] "Continuing education" is 
  2.32  a planned learning experience in speech-language pathology or 
  2.33  audiology not including the basic educational program leading to 
  2.34  a degree if the education is used by the registrant for credit 
  2.35  to achieve a baccalaureate or master's degree in speech-language 
  2.36  pathology or audiology.  
  3.1      Subd. 10.  [CREDENTIAL.] "Credential" means a license, 
  3.2   permit, certification, registration, or other evidence of 
  3.3   qualification or authorization to engage in the practice of 
  3.4   speech-language pathology or audiology issued by any authority.  
  3.5      Subd. 11.  [INDIVIDUAL.] "Individual" means a person over 
  3.6   whom the commissioner has jurisdiction under sections 148.511 to 
  3.7   148.5196.  Individual includes an applicant, registrant, or 
  3.8   person who uses any title protected under section 148.513, 
  3.9   whether or not authorized to do so under sections 148.511 to 
  3.10  148.5196.  
  3.11     Subd. 12.  [PRACTICE OF AUDIOLOGY.] The "practice of 
  3.12  audiology" means:  
  3.13     (1) screening, identification, assessment, and 
  3.14  interpretation, diagnosis, rehabilitation, and prevention of 
  3.15  hearing disorders; 
  3.16     (2) conservation of the auditory system function; 
  3.17  development and implementation of hearing conservation programs; 
  3.18     (3) measurement, assessment, and interpretation of auditory 
  3.19  and vestibular function; 
  3.20     (4) selecting, fitting, and dispensing of assistive 
  3.21  listening devices, alerting and amplification devices, and 
  3.22  systems for personal and public use, including hearing aids and 
  3.23  devices, and providing training in their use; 
  3.24     (5) aural habilitation and rehabilitation and related 
  3.25  counseling for hearing impaired individuals and their families; 
  3.26     (6) screening of speech, language, voice, or fluency for 
  3.27  the purposes of audiologic evaluation or identification of 
  3.28  possible communication disorders; or 
  3.29     (7) teaching of, consultation or research about, or 
  3.30  supervision of the functions in clauses (1) to (6).  
  3.31     Subd. 13.  [REGISTER OR REGISTERED.] "Register" or 
  3.32  "registered" means the act or status of a natural person who 
  3.33  meets the requirements of sections 148.511 to 148.5196 and who 
  3.34  is authorized by the commissioner to use the titles in section 
  3.35  148.513.  
  3.36     Subd. 14.  [REGISTRANT.] "Registrant" means a person who 
  4.1   meets the requirements of sections 148.511 to 148.5196 and is 
  4.2   authorized by the commissioner to use the titles in section 
  4.3   148.513.  
  4.4      Subd. 15.  [REGISTRATION.] "Registration" is the system of 
  4.5   regulation defined in section 214.001, subdivision 3, paragraph 
  4.6   (c), and is the process specified in sections 148.511 to 
  4.7   148.5196. 
  4.8      Subd. 16.  [SPEECH-LANGUAGE PATHOLOGIST.] "Speech-language 
  4.9   pathologist" means a person who practices speech-language 
  4.10  pathology, meets the qualifications under sections 148.511 to 
  4.11  148.5196, and registers with the commissioner.  Speech-language 
  4.12  pathologist also means a natural person using, as an 
  4.13  occupational title, a term identified in section 148.513. 
  4.14     Subd. 17.  [PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.] The 
  4.15  "practice of speech-language pathology" means:  
  4.16     (1) screening, identification, assessment and 
  4.17  interpretation, diagnosis, habilitation, rehabilitation, 
  4.18  treatment and prevention of disorders of speech, articulation, 
  4.19  fluency, voice, and language; 
  4.20     (2) screening, identification, assessment, and 
  4.21  interpretation, diagnosis, habilitation, and rehabilitation of 
  4.22  disorders of oral-pharyngeal function and related disorders; 
  4.23     (3) screening, identification, assessment, and 
  4.24  interpretation, diagnosis, habilitation, and rehabilitation of 
  4.25  communication disorders associated with cognition; 
  4.26     (4) assessing, selecting, and developing augmentative and 
  4.27  alternative communication systems and providing training in 
  4.28  their use; 
  4.29     (5) aural habilitation and rehabilitation and related 
  4.30  counseling for hearing impaired individuals and their families; 
  4.31     (6) enhancing speech-language proficiency and communication 
  4.32  effectiveness; 
  4.33     (7) audiometric screening for the purposes of 
  4.34  speech-language evaluation or for the identification of possible 
  4.35  hearing disorders; or 
  4.36     (8) teaching of, consultation or research about, or 
  5.1   supervision of the functions in clauses (1) to (7). 
  5.2      Subd. 18.  [SUPERVISEE.] "Supervisee" means an individual 
  5.3   who, under the direction or evaluation of a supervisor, is: 
  5.4      (1) engaging in the supervised practice of speech-language 
  5.5   pathology or audiology; 
  5.6      (2) performing a function of supervised clinical training 
  5.7   as a student of speech-language pathology or audiology; or 
  5.8      (3) performing a function of supervised postgraduate 
  5.9   clinical experience in speech-language pathology or audiology.  
  5.10     Subd. 19.  [SUPERVISION.] "Supervision" means the direct or 
  5.11  indirect evaluation or direction of:  
  5.12     (1) a practitioner of speech-language pathology or 
  5.13  audiology; 
  5.14     (2) a person performing a function of supervised clinical 
  5.15  training as a student of speech-language pathology or audiology; 
  5.16  or 
  5.17     (3) a person performing a function of supervised 
  5.18  postgraduate clinical experience in speech-language pathology or 
  5.19  audiology.  
  5.20     Subd. 20.  [SUPERVISOR.] "Supervisor" means a person who 
  5.21  has the authority to direct or evaluate a supervisee and who is: 
  5.22     (1) a registered speech-language pathologist or 
  5.23  audiologist; or 
  5.24     (2) when the commissioner determines that supervision by a 
  5.25  registered speech-language pathologist or audiologist as 
  5.26  required in clause (1) is unobtainable, and in other situations 
  5.27  considered appropriate by the commissioner, a person practicing 
  5.28  speech-language pathology or audiology who holds a current 
  5.29  certificate of clinical competence from the American 
  5.30  Speech-Language-Hearing Association.  
  5.31     Sec. 3.  [148.513] [PROTECTED TITLES AND RESTRICTIONS ON 
  5.32  USE.] 
  5.33     (a) A person shall not use a title relating to 
  5.34  speech-language pathology or audiology, except as provided in 
  5.35  paragraphs (b) and (c).  
  5.36     (b) Use of the following terms or initials which represent 
  6.1   the following terms, alone or in combination with any word or 
  6.2   words, by any person to form an occupational title is prohibited 
  6.3   unless that person is registered under sections 148.511 to 
  6.4   148.5196: 
  6.5      (1) speech-language; 
  6.6      (2) speech-language pathologist, S, SP, or SLP; 
  6.7      (3) speech pathologist; 
  6.8      (4) language pathologist; 
  6.9      (5) audiologist, A, or AUD; 
  6.10     (6) speech therapist; or 
  6.11     (7) speech clinician.  
  6.12     (c) Use of the term "Minnesota registered" in conjunction 
  6.13  with the titles protected under this section by any person is 
  6.14  prohibited unless that person is registered under sections 
  6.15  148.511 to 148.5196.  
  6.16     Sec. 4.  [148.514] [GENERAL REGISTRATION REQUIREMENTS; 
  6.17  PROCEDURES AND QUALIFICATIONS.] 
  6.18     Subdivision 1.  [GENERAL REGISTRATION PROCEDURES.] An 
  6.19  applicant for registration must:  
  6.20     (1) submit an application as required under section 
  6.21  148.519, subdivision 1; and 
  6.22     (2) submit all fees required under section 148.5194.  
  6.23     Subd. 2.  [GENERAL REGISTRATION QUALIFICATIONS.] An 
  6.24  applicant for registration must possess the qualifications 
  6.25  required in one of the following clauses:  
  6.26     (1) a person who applies for registration and does not meet 
  6.27  the requirements in clause (2) or (3), must meet the 
  6.28  requirements in section 148.515; 
  6.29     (2) a person who applies for registration and who has a 
  6.30  current certificate of clinical competence issued by the 
  6.31  American Speech-Language-Hearing Association must meet the 
  6.32  requirements of section 148.516; or 
  6.33     (3) a person who applies for registration by reciprocity 
  6.34  must meet the requirements under section 148.517.  
  6.35     Sec. 5.  [148.515] [QUALIFICATIONS FOR REGISTRATION.] 
  6.36     Subdivision 1.  [APPLICABILITY.] Except as provided in 
  7.1   section 148.516 or 148.517, an applicant must meet the 
  7.2   requirements in this section.  
  7.3      Subd. 2.  [MASTER'S OR DOCTORAL DEGREE REQUIRED.] (a) An 
  7.4   applicant must possess a master's or doctoral degree that meets 
  7.5   the requirements of paragraphs (b) to (h).  
  7.6      (b) All of the applicant's graduate coursework and clinical 
  7.7   practicum required in the professional area for which 
  7.8   registration is sought must have been initiated and completed at 
  7.9   an institution whose program was accredited by the educational 
  7.10  standards board of the American Speech-Language-Hearing 
  7.11  Association in the area for which registration is sought.  
  7.12     (c) The master's degree training must include a minimum of 
  7.13  112.5 quarter credits or 75 semester credits or their equivalent 
  7.14  of academic coursework that includes basic science coursework 
  7.15  and professional coursework.  
  7.16     (d) Applicants for registration in either speech-language 
  7.17  pathology or audiology must complete 40.5 quarter credits of the 
  7.18  112.5 quarter credits or 27 of the 75 semester credits or their 
  7.19  equivalent in basic science coursework, distributed as follows:  
  7.20     (1) nine quarter credits or six semester credits or their 
  7.21  equivalent must be in biological or physical sciences and 
  7.22  mathematics; 
  7.23     (2) nine quarter credits or six semester credits or their 
  7.24  equivalent must be in behavioral or social sciences, including 
  7.25  normal aspects of human behavior and communication; and 
  7.26     (3) 22.5 quarter credits or 15 semester credits or their 
  7.27  equivalent must be in basic human communication processes and 
  7.28  must include coursework in each of the following three areas of 
  7.29  speech, language, and hearing:  
  7.30     (i) the anatomic and physiologic bases; 
  7.31     (ii) the physical and psychophysical bases; and 
  7.32     (iii) the linguistic and psycholinguistic aspects.  
  7.33     (e) All applicants for registration must complete 54 
  7.34  quarter credits of the 112.5 quarter credits or 36 semester 
  7.35  credits of the 75 semester credits or their equivalent in 
  7.36  professional coursework.  The coursework must include the 
  8.1   nature, prevention, evaluation, and treatment of speech, 
  8.2   language, and hearing disorders.  The coursework must encompass 
  8.3   courses in speech, language, and hearing that concern disorders 
  8.4   primarily affecting children as well as disorders primarily 
  8.5   affecting adults.  A minimum of 45 of the 54 quarter credits or 
  8.6   30 of the 36 semester credits or their equivalent must be 
  8.7   courses for which graduate credit was received.  A minimum of 
  8.8   31.5 of the 45 quarter credits or 21 of the 30 semester credits 
  8.9   must be in the professional area for which registration is 
  8.10  sought.  
  8.11     (f) Applicants seeking registration as speech-language 
  8.12  pathologists must complete the following professional coursework:
  8.13     (1) 45 quarter credits of the 54 quarter credits of the 
  8.14  professional coursework or 30 semester credits of the 36 
  8.15  semester credits of the professional coursework or their 
  8.16  equivalent must be in courses pertaining to speech-language 
  8.17  pathology and nine quarter credits of the 54 quarter credits or 
  8.18  six semester credits of the 36 semester credits or their 
  8.19  equivalent in courses in the area of audiology; and 
  8.20     (2) the 45 quarter credits or 30 semester credits or their 
  8.21  equivalent pertaining to speech-language pathology must include 
  8.22  at least nine quarter credits or six semester credits or their 
  8.23  equivalent in speech disorders and nine quarter credits or six 
  8.24  semester credits or their equivalent in language disorders.  The 
  8.25  nine quarter credits or six semester credits or their equivalent 
  8.26  in the area of audiology must include at least 4.5 quarter 
  8.27  credits or three semester credits or their equivalent in hearing 
  8.28  disorders and hearing evaluation and 4.5 quarter credits or 
  8.29  three semester credits or their equivalent in habilitative and 
  8.30  rehabilitative procedures.  
  8.31     (g) Applicants seeking registration as an audiologist must 
  8.32  complete professional coursework as follows:  
  8.33     (1) 45 quarter credits of the 54 quarter credits or 30 
  8.34  semester credits of the 36 semester credits or their equivalent 
  8.35  of coursework must be in audiology.  At least nine quarter 
  8.36  credits of the 45 quarter credits or six semester credits of the 
  9.1   30 semester credits in audiology must be in hearing disorders 
  9.2   and hearing evaluation and at least nine quarter credits or six 
  9.3   semester credits or their equivalent must be in habilitative or 
  9.4   rehabilitative procedures with individuals who have hearing 
  9.5   impairment; and 
  9.6      (2) nine quarter credits of the 54 quarter credits or six 
  9.7   semester credits of the 36 semester credits or their equivalent 
  9.8   in the area of speech-language pathology.  At least 4.5 quarter 
  9.9   credits of the nine quarter credits or three semester credits of 
  9.10  the six semester credits must be in speech disorders and at 
  9.11  least 4.5 quarter credits of the nine quarter credits or three 
  9.12  semester credits of the six semester credits must be in language 
  9.13  disorders.  This coursework in speech-language pathology must 
  9.14  concern the nature, prevention, evaluation, and treatment of 
  9.15  speech and language disorders not associated with hearing 
  9.16  impairment.  
  9.17     (h) Of the professional coursework required in paragraphs 
  9.18  (f) and (g), no more than nine quarter credits or six semester 
  9.19  credits or their equivalent associated with clinical training 
  9.20  may be counted toward the minimum of 54 quarter credits or 36 
  9.21  semester credits or their equivalent of professional coursework. 
  9.22  However, those hours may not be used to satisfy the minimum of 
  9.23  nine quarter credits or six semester credit hours in hearing 
  9.24  disorders or evaluation, nine quarter credits or six semester 
  9.25  credits in habilitative or rehabilitative procedures, or nine 
  9.26  quarter credits or six semester credits in speech-language 
  9.27  pathology.  
  9.28     Subd. 3.  [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An 
  9.29  applicant must complete at least 375 hours of supervised 
  9.30  clinical training as a student that meets the requirements of 
  9.31  paragraphs (b) to (f).  
  9.32     (b) The supervised clinical training must be provided by 
  9.33  the educational institution or by one of its cooperating 
  9.34  programs.  
  9.35     (c) The first 25 hours of the supervised clinical training 
  9.36  must be spent in clinical observation.  Those 25 hours must 
 10.1   concern the evaluation and treatment of children and adults with 
 10.2   disorders of speech, language, or hearing.  
 10.3      (d) All applicants must complete at least 350 hours of 
 10.4   supervised clinical training that concern the evaluation and 
 10.5   treatment of children and adults with disorders of speech, 
 10.6   language, and hearing.  At least 250 of the 350 hours must be at 
 10.7   the graduate level in the area in which registration is sought.  
 10.8   At least 50 hours must be spent in each of three types of 
 10.9   clinical settings including, but not limited to, university 
 10.10  clinics, hospitals, private clinics, and schools, including 
 10.11  secondary and elementary.  
 10.12     (e) An applicant must: 
 10.13     (1) obtain 250 of the 350 supervised hours in 
 10.14  speech-language pathology; 
 10.15     (2) complete a minimum of 20 hours of the 250 hours in each 
 10.16  of the following eight categories: 
 10.17     (i) evaluation:  speech disorders in children; 
 10.18     (ii) evaluation:  speech disorders in adults; 
 10.19     (iii) evaluation:  language disorders in children; 
 10.20     (iv) evaluation:  language disorders in adults; 
 10.21     (v) treatment:  speech disorders in children; 
 10.22     (vi) treatment:  speech disorders in adults; 
 10.23     (vii) treatment:  language disorders in children; and 
 10.24     (viii) treatment:  language disorders in adults; 
 10.25     (3) complete a minimum of 35 hours in audiology including:  
 10.26     (i) 15 hours in the evaluation or screening of individuals 
 10.27  with hearing disorders; and 
 10.28     (ii) 15 hours in habilitation or rehabilitation of 
 10.29  individuals with hearing impairment; and 
 10.30     (4) obtain no more than 20 hours in the major professional 
 10.31  area that are in related disorders.  
 10.32     (f) An applicant seeking registration as an audiologist 
 10.33  must: 
 10.34     (1) obtain 250 of the 350 hours in audiology; 
 10.35     (2) complete a minimum of 40 hours in each of the following 
 10.36  four categories:  
 11.1      (i) evaluation:  hearing in children; 
 11.2      (ii) evaluation:  hearing in adults; 
 11.3      (iii) selection and use:  amplification and assistive 
 11.4   devices for children; and 
 11.5      (iv) selection and use:  amplification and assistive 
 11.6   devices for adults; 
 11.7      (3) complete a minimum of 20 hours in the category of the 
 11.8   treatment of hearing disorders in children and adults; 
 11.9      (4) complete a minimum of 35 hours of the 350 hours in 
 11.10  speech-language pathology unrelated to hearing impairment as 
 11.11  follows:  
 11.12     (i) 15 hours in evaluation or screening; and 
 11.13     (ii) 15 hours in treatment; and 
 11.14     (5) obtain no more than 20 hours in the major professional 
 11.15  area that are in related disorders.  
 11.16     Subd. 4.  [SUPERVISED POSTGRADUATE CLINICAL EXPERIENCE 
 11.17  REQUIRED.] (a) An applicant must complete no less than nine 
 11.18  months or its equivalent of full-time supervised postgraduate 
 11.19  clinical experience according to paragraphs (b) to (h).  
 11.20     (b) Supervision in the postgraduate clinical experience 
 11.21  includes both on-site observation and other monitoring 
 11.22  activities.  On-site observation must involve the supervisor, 
 11.23  the supervisee, and the client receiving speech-language 
 11.24  pathology or audiology services.  On-site observation must 
 11.25  include direct observation by the supervisor of treatment given 
 11.26  by the supervisee.  Other monitoring activities may be executed 
 11.27  by correspondence and include, but are not limited to, 
 11.28  conferences with the supervisee, evaluation of written reports, 
 11.29  and evaluations by professional colleagues.  Other monitoring 
 11.30  activities do not include the client receiving speech-language 
 11.31  pathology or audiology services but must involve direct or 
 11.32  indirect evaluative contact by the supervisor of the supervisee. 
 11.33     (c) The applicant must, as part of the postgraduate 
 11.34  clinical experience, be supervised by an individual who meets 
 11.35  the definition of section 148.512, subdivision 20, and:  
 11.36     (1) when registration as a speech-language pathologist is 
 12.1   sought, is a registered speech-language pathologist or hold a 
 12.2   current certificate of clinical competence in speech-language 
 12.3   pathology from the American Speech-Language-Hearing Association; 
 12.4   and 
 12.5      (2) when registration as an audiologist is sought, is a 
 12.6   registered audiologist or hold a current certificate of clinical 
 12.7   competence in audiology from the American 
 12.8   Speech-Language-Hearing Association. 
 12.9      (d) The applicant may not begin the postgraduate clinical 
 12.10  experience until the applicant has completed the academic 
 12.11  coursework and clinical training in subdivisions 2 and 3. 
 12.12     (e) To be considered full time, at least 30 hours per week 
 12.13  must be spent over a nine-month period in clinical work.  
 12.14  Equivalent time periods may include part-time professional 
 12.15  employment as follows:  
 12.16     (1) 12 months of at least 25 hours per week; 
 12.17     (2) 15 months of at least 20 hours per week; or 
 12.18     (3) 18 months of at least 15 hours per week.  
 12.19     (f) The applicant's postgraduate clinical experience must 
 12.20  include direct clinical experience with patients, consultations, 
 12.21  report writing, recordkeeping, or other duties relevant to 
 12.22  clinical work.  A minimum of 80 percent of the clinical 
 12.23  experience must be in direct contact with persons who have 
 12.24  communication handicaps.  If the applicant uses part-time 
 12.25  employment to fulfill the postgraduate clinical experience 
 12.26  requirement, all of the minimum required hours of the part-time 
 12.27  work week requirement must be spent in direct professional 
 12.28  experience.  
 12.29     (g) The applicant must complete the postgraduate clinical 
 12.30  experience within a maximum of 36 consecutive months and must be 
 12.31  supervised in no less than 36 activities, including 18 one-hour 
 12.32  on-site observations.  A maximum of six hours can be accrued in 
 12.33  one day.  A minimum of six one-hour on-site observations must be 
 12.34  accrued during each one-third of the experience.  
 12.35     (h) The applicant must complete 18 other monitored 
 12.36  activities and complete at least one monitored activity each 
 13.1   month of the postgraduate clinical experience.  Alternatives to 
 13.2   on-site observation and monitoring activities include activities 
 13.3   supervised by correspondence, evaluation of written reports, and 
 13.4   evaluations by professional colleagues.  
 13.5      Subd. 5.  [QUALIFYING EXAMINATION SCORE REQUIRED.] (a) An 
 13.6   applicant must achieve a qualifying score on the National 
 13.7   Examination in Speech-Language Pathology or Audiology (NESPA), 
 13.8   administered by NTE Programs, Educational Testing Service.  
 13.9      (b) The commissioner shall determine the qualifying scores 
 13.10  for both the speech-language pathology and audiology 
 13.11  examinations based on guidelines provided by the advisory 
 13.12  council or the American Speech-Language-Hearing Association.  
 13.13     (c) The applicant is responsible for:  
 13.14     (1) making arrangements to take the examination described 
 13.15  in this subdivision; 
 13.16     (2) bearing all expenses associated with taking the 
 13.17  examination; 
 13.18     (3) having the examination scores sent directly to the 
 13.19  commissioner from the Educational Testing Service; and 
 13.20     (4) including a copy of the scores along with the original 
 13.21  registration application.  
 13.22     (d) The applicant must receive a qualifying score on the 
 13.23  examination within three years after the applicant applies for 
 13.24  registration under section 148.519.  If the applicant does not 
 13.25  receive a qualifying score on the examination within three years 
 13.26  after the applicant applies for registration, the applicant may 
 13.27  apply to the commissioner in writing for consideration to submit 
 13.28  a new application for registration under section 148.519. 
 13.29     Sec. 6.  [148.516] [REGISTRATION BY EQUIVALENCY.] 
 13.30     An applicant who applies for registration by equivalency 
 13.31  must show evidence of possessing a current certificate of 
 13.32  clinical competence issued by the American 
 13.33  Speech-Language-Hearing Association and must meet the 
 13.34  requirements of section 148.514. 
 13.35     Sec. 7.  [148.517] [REGISTRATION BY RECIPROCITY.] 
 13.36     Subdivision 1.  [APPLICABILITY.] An applicant who applies 
 14.1   for registration as a speech-language pathologist or audiologist 
 14.2   by reciprocity must meet the requirements of subdivisions 2 and 
 14.3   3.  
 14.4      Subd. 2.  [CURRENT CREDENTIALS REQUIRED.] An applicant 
 14.5   applying for registration by reciprocity must provide evidence 
 14.6   to the commissioner that the applicant holds a current and 
 14.7   unrestricted credential for the practice of speech-language 
 14.8   pathology or audiology in another jurisdiction that has 
 14.9   requirements equivalent to or higher than those in effect for 
 14.10  determining whether an applicant in this state is qualified to 
 14.11  be registered as a speech-language pathologist or audiologist.  
 14.12  An applicant who provides sufficient evidence need not meet the 
 14.13  requirements of section 148.515, provided that the applicant 
 14.14  otherwise meets all other requirements of section 148.514. 
 14.15     Subd. 3.  [VERIFICATION OF CREDENTIALS REQUIRED.] An 
 14.16  applicant for registration by reciprocity under subdivision 2, 
 14.17  must have the appropriate government body in each jurisdiction 
 14.18  in which the applicant holds a credential submit letters of 
 14.19  verification to the commissioner.  Each letter must state the 
 14.20  applicant's name, date of birth, credential number, date of 
 14.21  issuance, a statement regarding disciplinary actions, if any, 
 14.22  taken against the applicant, and the terms under which the 
 14.23  credential was issued.  
 14.24     Sec. 8.  [148.518] [REGISTRATION FOLLOWING LAPSE OF 
 14.25  REGISTERED STATUS.] 
 14.26     Subdivision 1.  [LAPSE OF THREE YEARS OR LESS.] For an 
 14.27  applicant whose registered status has lapsed for three years or 
 14.28  less, the applicant must:  
 14.29     (1) apply for registration renewal according to section 
 14.30  148.5191 and document compliance with the continuing education 
 14.31  requirements of section 148.5193 since the applicant's 
 14.32  registration lapsed; or 
 14.33     (2) fulfill the requirements of section 148.517. 
 14.34     Subd. 2.  [LAPSE OF MORE THAN THREE YEARS.] For an 
 14.35  applicant whose registered status has lapsed for more than three 
 14.36  years, the applicant must:  
 15.1      (1) apply for registration renewal according to section 
 15.2   148.5191 and fulfill the requirements for registration under 
 15.3   section 148.515, subdivisions 4 and 5.  A qualifying score on 
 15.4   the examination described in section 148.515, subdivision 5, 
 15.5   must be obtained within one year of the application date for 
 15.6   registration renewal; or 
 15.7      (2) fulfill the requirements of section 148.517. 
 15.8      Sec. 9.  [148.519] [REGISTRATION PROCEDURES.] 
 15.9      Subdivision 1.  [APPLICATIONS FOR REGISTRATION.] An 
 15.10  applicant for registration must: 
 15.11     (1) submit a completed application for registration on 
 15.12  forms provided by the commissioner.  The application must 
 15.13  include the applicant's name, certification number under chapter 
 15.14  153A, if applicable, business address and telephone number, or 
 15.15  home address and telephone number if the applicant practices 
 15.16  speech-language pathology or audiology out of the home, and a 
 15.17  description of the applicant's education, training, and 
 15.18  experience, including previous work history for the five years 
 15.19  immediately preceding the date of application.  The commissioner 
 15.20  may ask the applicant to provide additional information 
 15.21  necessary to clarify information submitted in the application; 
 15.22     (2) submit a transcript showing the completion of a 
 15.23  master's degree or its equivalent meeting the requirements of 
 15.24  section 148.515, subdivision 2; 
 15.25     (3) submit documentation of the required hours of 
 15.26  supervised clinical training meeting the requirements of section 
 15.27  148.515, subdivision 3; 
 15.28     (4) submit documentation of the postgraduate clinical 
 15.29  experience meeting the requirements of section 148.515, 
 15.30  subdivision 4; 
 15.31     (5) submit documentation of receiving a qualifying score on 
 15.32  an examination meeting the requirements of section 148.515, 
 15.33  subdivision 5; 
 15.34     (6) sign a statement that the information in the 
 15.35  application is true and correct to the best of the applicant's 
 15.36  knowledge and belief; 
 16.1      (7) submit with the application all fees required by 
 16.2   section 148.5194; and 
 16.3      (8) sign a waiver authorizing the commissioner to obtain 
 16.4   access to the applicant's records in this or any other state in 
 16.5   which the applicant has engaged in the practice of 
 16.6   speech-language pathology or audiology.  
 16.7      Subd. 2.  [ACTION ON APPLICATIONS FOR REGISTRATION.] (a) 
 16.8   The commissioner shall act on an application for registration 
 16.9   according to paragraphs (b) to (d).  
 16.10     (b) The commissioner shall determine if the applicant meets 
 16.11  the requirements for registration.  The commissioner or advisory 
 16.12  council may investigate information provided by an applicant to 
 16.13  determine whether the information is accurate and complete.  
 16.14     (c) The commissioner shall notify an applicant of action 
 16.15  taken on the application and of the grounds for denying 
 16.16  registration if registration is denied.  
 16.17     (d) An applicant denied registration may make a written 
 16.18  request to the commissioner, within 30 days of the date of 
 16.19  notification to the applicant, to appear before the advisory 
 16.20  council and for the advisory council to review the 
 16.21  commissioner's decision to deny the applicant's registration.  
 16.22  After reviewing the denial, the advisory council shall make a 
 16.23  recommendation to the commissioner as to whether the denial 
 16.24  should be affirmed.  An applicant is allowed no more than one 
 16.25  request for a review of denial of registration in any one 
 16.26  registration renewal period.  
 16.27     Sec. 10.  [148.5191] [REGISTRATION RENEWAL.] 
 16.28     Subdivision 1.  [RENEWAL REQUIREMENTS.] To renew 
 16.29  registration, an applicant must:  
 16.30     (1) annually complete a renewal application on a form 
 16.31  provided by the commissioner and submit the annual renewal fee; 
 16.32     (2) meet the continuing education requirements of section 
 16.33  148.5193 and submit evidence of attending continuing education 
 16.34  courses, as required in section 148.5193, subdivision 6; and 
 16.35     (3) submit additional information if requested by the 
 16.36  commissioner to clarify information presented in the renewal 
 17.1   application.  The information must be submitted within 30 days 
 17.2   after the commissioner's request.  
 17.3      Subd. 2.  [LATE FEE.] An application submitted after the 
 17.4   renewal deadline date must be accompanied by a late fee as 
 17.5   provided in section 148.5194, subdivision 4.  
 17.6      Subd. 3.  [REGISTRATION RENEWAL NOTICE.] Registration 
 17.7   renewal is on an annual basis.  At least 30 days before the 
 17.8   registration renewal date in subdivision 4, the commissioner 
 17.9   shall send out a renewal notice to the registrant's last known 
 17.10  address.  The notice shall include a renewal application and 
 17.11  notice of fees required for renewal.  If the registrant does not 
 17.12  receive the renewal notice, the registrant is still required to 
 17.13  meet the deadline for renewal to qualify for continuous 
 17.14  registered status.  
 17.15     Subd. 4.  [RENEWAL DEADLINE.] The renewal application and 
 17.16  fee must be postmarked on or before the date registration must 
 17.17  be renewed according to clauses (1) to (5).  Registration must 
 17.18  be renewed according to the following schedule:  
 17.19     (1) for registrants whose last name begins with the letters 
 17.20  A to E, February 1; 
 17.21     (2) for registrants whose last name begins with the letters 
 17.22  F to L, April 1; 
 17.23     (3) for registrants whose last name begins with the letters 
 17.24  M to P, June 1; 
 17.25     (4) for registrants whose last name begins with the letters 
 17.26  Q to U, August 1; and 
 17.27     (5) for registrants whose last name begins with the letters 
 17.28  V to Z, October 1.  
 17.29     Sec. 11.  [148.5193] [CONTINUING EDUCATION REQUIREMENTS.] 
 17.30     Subdivision 1.  [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 
 17.31  applicant for registration renewal must meet the requirements 
 17.32  for continuing education according to paragraphs (b) to (e).  
 17.33     (b) An applicant for registration renewal as either a 
 17.34  speech-language pathologist or an audiologist must provide 
 17.35  evidence to the commissioner of a minimum of 30 contact hours of 
 17.36  continuing education offered by an approved continuing education 
 18.1   sponsor within the two years immediately preceding registration 
 18.2   renewal.  A minimum of 20 contact hours of continuing education 
 18.3   must be directly related to the registrant's area of 
 18.4   registration.  Ten contact hours of continuing education may be 
 18.5   in areas generally related to the registrant's area of 
 18.6   registration.  
 18.7      (c) An applicant for registration renewal as both a 
 18.8   speech-language pathologist and an audiologist must attest to 
 18.9   and document completion of a minimum of 36 contact hours of 
 18.10  continuing education offered by an approved continuing education 
 18.11  sponsor within the two years immediately preceding registration 
 18.12  renewal.  A minimum of 15 contact hours must be received in the 
 18.13  area of speech-language pathology and a minimum of 15 contact 
 18.14  hours must be received in the area of audiology.  Six contact 
 18.15  hours of continuing education may be in areas generally related 
 18.16  to the registrant's areas of registration.  
 18.17     (d) If the registrant is licensed by the board of teaching: 
 18.18     (1) activities that are approved in the categories of 
 18.19  Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 
 18.20  that relate to speech-language pathology, shall be considered: 
 18.21     (i) offered by an approved sponsor of continuing education; 
 18.22  and 
 18.23     (ii) directly related to speech-language pathology; 
 18.24     (2) activities that are approved in the categories of 
 18.25  Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 
 18.26     (i) offered by an approved sponsor of continuing education; 
 18.27  and 
 18.28     (ii) generally related to speech-language pathology; and 
 18.29     (3) one clock hour as defined in Minnesota Rules, part 
 18.30  8700.1000, subpart 1, is equivalent to 1.2 contact hours of 
 18.31  continuing education.  
 18.32     (e) Contact hours cannot be accumulated in advance and 
 18.33  transferred to a future continuing education period.  
 18.34     Subd. 2.  [PREAPPROVED CONTINUING EDUCATION SPONSORS.] The 
 18.35  commissioner will accept continuing education approved or 
 18.36  sponsored by the Minnesota department of health, the Minnesota 
 19.1   Speech-Language-Hearing Association, the American 
 19.2   Speech-Language-Hearing Association, the American Academy of 
 19.3   Audiology, the Minnesota Academy of Audiology, the Academy of 
 19.4   Rehabilitative Audiologists, the Acoustical Society of America, 
 19.5   Twin Cities Clinical Speech-Language Pathologists, Minnesota 
 19.6   Foundation for Acoustical Education and Research, or 
 19.7   universities accredited by the American Speech-Language-Hearing 
 19.8   Association.  
 19.9      Subd. 3.  [APPROVAL OF CONTINUING EDUCATION SPONSORS.] (a) 
 19.10  Continuing education sponsors, unless preapproved under 
 19.11  subdivision 2, must be approved by the commissioner according to 
 19.12  paragraphs (b) to (e). 
 19.13     (b) Applications for approval must be submitted to the 
 19.14  commissioner at least 60 days before the date of the first 
 19.15  continuing education activity.  Applications must be made in 
 19.16  writing by the person or officer of the organization sponsoring 
 19.17  the program.  On receiving the commissioner's approval, 
 19.18  continuing education activities of the sponsor related to 
 19.19  speech-language pathology or audiology are approved for two 
 19.20  years following the date of the commissioner's approval.  To 
 19.21  obtain approval, continuing education sponsors must submit the 
 19.22  information described in clauses (1) to (5) on an application 
 19.23  provided by the commissioner:  
 19.24     (1) The continuing education sponsor must describe the 
 19.25  content of courses to be offered.  The course content must 
 19.26  contribute directly to the professional competency of the 
 19.27  speech-language pathologist or audiologist, must be beyond the 
 19.28  basic educational program leading to a degree in speech-language 
 19.29  pathology or audiology, and must include subject matter related 
 19.30  to current developments in speech-language pathology and 
 19.31  audiology.  
 19.32     (2) The continuing education sponsor must describe the 
 19.33  method of instruction for each course offered.  The continuing 
 19.34  education sponsor must describe for each course offered the 
 19.35  teaching methods to be used, such as lecture, seminar, 
 19.36  audiovisual, or simulation.  
 20.1      (3) The continuing education sponsor must outline specific 
 20.2   written objectives that describe expected outcomes for the 
 20.3   participants.  
 20.4      (4) The continuing education sponsor must state the number 
 20.5   of contact hours of continuing education which may be obtained 
 20.6   by completing a specified course, which must be a minimum of one 
 20.7   hour.  
 20.8      (5) The continuing education sponsor must provide a resume 
 20.9   of each instructor's qualifications with the application for 
 20.10  approval by the commissioner.  Instructors must be qualified to 
 20.11  teach the specified course content based on their prior 
 20.12  education, training, or experience.  
 20.13     (c) The continuing education sponsor must report to the 
 20.14  commissioner, on a timely basis, any change in the course 
 20.15  content or instructor.  
 20.16     (d) Continuing education sponsors must maintain, for a 
 20.17  minimum of three years, a record of attendance for each course 
 20.18  offered.  
 20.19     (e) To maintain approval as a continuing education sponsor, 
 20.20  a continuing education sponsor must continue to comply with this 
 20.21  section.  
 20.22     Subd. 4.  [EARNING CONTINUING EDUCATION CONTACT HOURS 
 20.23  THROUGH CONTACT HOUR EQUIVALENTS.] (a) A registrant who teaches 
 20.24  continuing education courses may obtain contact hour equivalents 
 20.25  according to paragraphs (b) to (d). 
 20.26     (b) The sponsor of the course must be approved by the 
 20.27  commissioner.  
 20.28     (c) A registrant may not obtain more than six contact hours 
 20.29  in any two-year continuing education period by teaching 
 20.30  continuing education courses.  
 20.31     (d) A registrant may obtain two contact hours for each hour 
 20.32  spent teaching a course if the course is sponsored by an 
 20.33  approved continuing education sponsor.  Contact hours may be 
 20.34  claimed only once for teaching the same course in any two-year 
 20.35  continuing education period.  
 20.36     Subd. 5.  [CONTINUING EDUCATION ACTIVITIES OFFERED BY A 
 21.1   SPONSOR NOT APPROVED BY THE COMMISSIONER.] (a) A registrant may 
 21.2   seek approval of a continuing education activity offered by a 
 21.3   sponsor who is not approved by the commissioner.  The registrant 
 21.4   must seek approval according to paragraphs (b) and (c). 
 21.5      (b) The registrant's request for approval must be made in 
 21.6   writing to the commissioner, on forms available from the 
 21.7   commissioner.  A request for approval before the continuing 
 21.8   education activity is attended must be made a minimum of 45 days 
 21.9   before the first day of the continuing education activity.  A 
 21.10  request for approval after the continuing education activity is 
 21.11  attended must be made within 45 days of the last day of the 
 21.12  continuing education activity and must include verification of 
 21.13  attendance.  A registrant not complying with this subdivision 
 21.14  will not receive approval for the continuing education activity. 
 21.15     (c) A registrant denied approval of a continuing education 
 21.16  activity may make a written request to the commissioner, within 
 21.17  30 days of the commissioner's decision, that the advisory 
 21.18  council review the commissioner's decision to deny the 
 21.19  registrant's request for approval of continuing education.  
 21.20  After reviewing a denial, the advisory council shall submit its 
 21.21  recommendation to the commissioner.  
 21.22     Subd. 6.  [EVIDENCE OF ATTENDANCE.] A registrant must 
 21.23  maintain records of attending the continuing education contact 
 21.24  hours required for registration renewal.  An applicant for 
 21.25  registration renewal must submit the following information on a 
 21.26  form provided by the commissioner:  the sponsoring organization, 
 21.27  the dates of the course, the course name, the number of contact 
 21.28  hours completed, and the name and signature of the registrant.  
 21.29  The form must be submitted with the renewal application under 
 21.30  section 148.5191, subdivision 1.  
 21.31     Subd. 7.  [VERIFICATION OF CONTINUING EDUCATION 
 21.32  REPORTS.] The commissioner may request a registrant or 
 21.33  continuing education sponsor to verify the continuing education 
 21.34  to which the registrant attested.  Documentation may come 
 21.35  directly from the registrant, the continuing education sponsor, 
 21.36  or from a national accrediting or certifying organization which 
 22.1   maintains the records.  
 22.2      Subd. 8.  [WAIVER OF CONTINUING EDUCATION 
 22.3   REQUIREMENTS.] The commissioner may grant a waiver of the 
 22.4   requirements of this section in cases where the requirements 
 22.5   would impose an undue burden on the registrant.  A registrant 
 22.6   must request in writing a waiver of the requirements of this 
 22.7   section.  The request for a waiver must cite this section, the 
 22.8   reasons for requesting the waiver, the period of time the 
 22.9   registrant wishes to have the continuing education requirement 
 22.10  waived, and the alternative measures that will be taken if a 
 22.11  waiver is granted.  The commissioner shall set forth, in 
 22.12  writing, the reasons for granting or denying the waiver.  
 22.13  Waivers granted by the commissioner shall specify in writing the 
 22.14  time limitation and required alternative measures to be taken by 
 22.15  the registrant. 
 22.16     Sec. 12.  [148.5194] [FEES.] 
 22.17     Subdivision 1.  [FIRST TIME REGISTRANTS AND APPLICANTS FOR 
 22.18  REGISTRATION RENEWAL.] The commissioner shall prorate the 
 22.19  registration fee for first time registrants and applicants for 
 22.20  registration renewal according to the number of months that have 
 22.21  elapsed between the date registration is issued and the date 
 22.22  registration must be renewed under section 148.5191, subdivision 
 22.23  4.  
 22.24     Subd. 2.  [ANNUAL REGISTRATION FEE.] The fee for initial 
 22.25  registration and annual registration renewal is $80.  
 22.26     Subd. 3.  [ANNUAL REGISTRATION FEE FOR DUAL REGISTRATION AS 
 22.27  A SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST.] The fee for 
 22.28  initial registration and annual registration renewal is $80.  
 22.29     Subd. 4.  [PENALTY FEE FOR LATE RENEWALS.] The penalty fee 
 22.30  for late submission of a renewal application is $15.  
 22.31     Subd. 5.  [NONREFUNDABLE FEES.] All fees are nonrefundable. 
 22.32     Sec. 13.  [148.5195] [INVESTIGATION PROCESS AND GROUNDS FOR 
 22.33  DISCIPLINARY ACTION.] 
 22.34     Subdivision 1.  [INVESTIGATIONS OF COMPLAINTS.] The 
 22.35  commissioner or advisory council may initiate an investigation 
 22.36  upon receiving a signed complaint or other signed written 
 23.1   communication that alleges or implies that an individual has 
 23.2   violated sections 148.511 to 148.5196.  According to section 
 23.3   214.13, subdivision 6, in the receipt, investigation, and 
 23.4   hearing of a complaint that alleges or implies an individual has 
 23.5   violated sections 148.511 to 148.5196, the commissioner shall 
 23.6   follow the procedures in section 214.10.  
 23.7      Subd. 2.  [RIGHTS OF APPLICANTS AND REGISTRANTS.] The 
 23.8   rights of an applicant denied registration are stated in section 
 23.9   148.519, subdivision 2, paragraph (d).  A registrant shall not 
 23.10  be subjected to disciplinary action under this section without 
 23.11  first having an opportunity for a contested case hearing under 
 23.12  chapter 14.  
 23.13     Subd. 3.  [GROUNDS FOR DISCIPLINARY ACTION BY 
 23.14  COMMISSIONER.] The commissioner may take any of the disciplinary 
 23.15  actions listed in subdivision 4 on proof that the individual has:
 23.16     (1) intentionally submitted false or misleading information 
 23.17  to the commissioner or the advisory council; 
 23.18     (2) failed, within 30 days, to provide information in 
 23.19  response to a written request by the commissioner or advisory 
 23.20  council; 
 23.21     (3) performed services of a speech-language pathologist or 
 23.22  audiologist in an incompetent or negligent manner; 
 23.23     (4) violated sections 148.511 to 148.5196; 
 23.24     (5) failed to perform services with reasonable judgment, 
 23.25  skill, or safety due to the use of alcohol or drugs, or other 
 23.26  physical or mental impairment; 
 23.27     (6) violated any state or federal law, rule, or regulation, 
 23.28  and the violation is a felony or misdemeanor, an essential 
 23.29  element of which is dishonesty, or which relates directly or 
 23.30  indirectly to the practice of speech-language pathology or 
 23.31  audiology.  Conviction for violating any state or federal law 
 23.32  which relates to speech-language pathology or audiology is 
 23.33  necessarily considered to constitute a violation, except as 
 23.34  provided in chapter 364; 
 23.35     (7) aided or abetted another person in violating any 
 23.36  provision of sections 148.511 to 148.5196; 
 24.1      (8) been or is being disciplined by another jurisdiction, 
 24.2   if any of the grounds for the discipline is the same or 
 24.3   
 24.4   substantially equivalent to those under sections 148.511 to 
 24.5   148.5196; 
 24.6      (9) not cooperated with the commissioner or advisory 
 24.7   council in an investigation conducted according to subdivision 
 24.8   1; 
 24.9      (10) advertised in a manner that is false or misleading; 
 24.10     (11) engaged in conduct likely to deceive, defraud, or harm 
 24.11  the public; or demonstrated a willful or careless disregard for 
 24.12  the health, welfare, or safety of a client; 
 24.13     (12) failed to disclose to the consumer any fee splitting 
 24.14  or any promise to pay a portion of a fee to any other 
 24.15  professional other than a fee for services rendered by the other 
 24.16  professional to the client; 
 24.17     (13) engaged in abusive or fraudulent billing practices, 
 24.18  including violations of federal Medicare and Medicaid laws, Food 
 24.19  and Drug Administration regulations, or state medical assistance 
 24.20  laws; 
 24.21     (14) obtained money, property, or services from a consumer 
 24.22  through the use of undue influence, high pressure sales tactics, 
 24.23  harassment, duress, deception, or fraud; 
 24.24     (15) performed services for a client who had no possibility 
 24.25  of benefiting from the services; 
 24.26     (16) failed to refer a client for medical evaluation or to 
 24.27  other health care professionals when appropriate or when a 
 24.28  client indicated symptoms associated with diseases that could be 
 24.29  medically or surgically treated; or 
 24.30     (17) if the individual is a dispenser of hearing 
 24.31  instruments as defined by section 153A.13, subdivision 5, had 
 24.32  the certification required by chapter 153A, denied, suspended, 
 24.33  or revoked according to chapter 153A. 
 24.34     Subd. 4.  [DISCIPLINARY ACTIONS.] If the commissioner finds 
 24.35  that an individual should be disciplined according to 
 24.36  subdivision 3, the commissioner may take any one or more of the 
 24.37  following actions:  
 25.1      (1) refuse to grant or renew registration; 
 25.2      (2) suspend registration for a period not exceeding one 
 25.3   year; 
 25.4      (3) revoke registration; or 
 25.5      (4) take any reasonable lesser action against an individual 
 25.6   upon proof that the individual has violated sections 148.511 to 
 25.7   148.5196.  
 25.8      Subd. 5.  [CONSEQUENCES OF DISCIPLINARY ACTIONS.] Upon the 
 25.9   suspension or revocation of registration, the speech-language 
 25.10  pathologist or audiologist shall cease to use titles protected 
 25.11  under sections 148.511 to 148.5196 and shall cease to represent 
 25.12  to the public that the speech-language pathologist or 
 25.13  audiologist is registered by the commissioner.  
 25.14     Subd. 6.  [REINSTATEMENT REQUIREMENTS AFTER DISCIPLINARY 
 25.15  ACTION.] A speech-language pathologist or audiologist who has 
 25.16  had registration suspended may petition on forms provided by the 
 25.17  commissioner for reinstatement following the period of 
 25.18  suspension specified by the commissioner.  The requirements of 
 25.19  section 148.5191 for renewing registration must be met before 
 25.20  registration may be reinstated.  
 25.21     Sec. 14.  [148.5196] [SPEECH-LANGUAGE PATHOLOGIST AND 
 25.22  AUDIOLOGIST ADVISORY COUNCIL.] 
 25.23     Subdivision 1.  [MEMBERSHIP.] The commissioner shall 
 25.24  appoint seven persons to a speech-language pathologist and 
 25.25  audiologist advisory council.  The seven persons must include: 
 25.26     (1) two public members, as defined in section 214.02.  The 
 25.27  public members shall be either persons receiving services of a 
 25.28  speech-language pathologist or audiologist, or family members of 
 25.29  or caregivers to such persons; 
 25.30     (2) two speech-language pathologists registered under 
 25.31  sections 148.511 to 148.5196, one of whom is currently and has 
 25.32  been, for the five years immediately preceding the appointment, 
 25.33  engaged in the practice of speech-language pathology in 
 25.34  Minnesota and each of whom is employed in a different employment 
 25.35  setting including, but not limited to, private practice, 
 25.36  hospitals, rehabilitation settings, educational settings, and 
 26.1   government agencies; 
 26.2      (3) one speech-language pathologist registered under 
 26.3   sections 148.511 to 148.5196, who is currently and has been, for 
 26.4   the five years immediately preceding the appointment, employed 
 26.5   by a Minnesota public school district or a Minnesota public 
 26.6   school district consortium that is authorized by Minnesota 
 26.7   Statutes and who is licensed in communication disorders by the 
 26.8   Minnesota board of teaching; and 
 26.9      (4) two audiologists registered under sections 148.511 to 
 26.10  148.5196, one of whom is currently and has been, for the five 
 26.11  years immediately preceding the appointment, engaged in the 
 26.12  practice of audiology in Minnesota and each of whom is employed 
 26.13  in a different employment setting including, but not limited to, 
 26.14  private practice, hospitals, rehabilitation settings, 
 26.15  educational settings, industry, and government agencies.  
 26.16     Subd. 2.  [ORGANIZATION.] The advisory council shall be 
 26.17  organized and administered under section 15.059.  
 26.18     Subd. 3.  [DUTIES.] The advisory council shall:  
 26.19     (1) advise the commissioner regarding speech-language 
 26.20  pathologist and audiologist registration standards; 
 26.21     (2) advise the commissioner on enforcement of sections 
 26.22  148.511 to 148.5196; 
 26.23     (3) provide for distribution of information regarding 
 26.24  speech-language pathologist and audiologist registration 
 26.25  standards; 
 26.26     (4) review applications and make recommendations to the 
 26.27  commissioner on granting or denying registration or registration 
 26.28  renewal; 
 26.29     (5) review reports of investigations relating to 
 26.30  individuals and make recommendations to the commissioner as to 
 26.31  whether registration should be denied or disciplinary action 
 26.32  taken against the individual; 
 26.33     (6) advise the commissioner regarding approval of 
 26.34  continuing education sponsors using the criteria in section 
 26.35  148.5193, subdivision 3; and 
 26.36     (7) perform other duties authorized for advisory councils 
 27.1   under chapter 214, or as directed by the commissioner. 
 27.2      Sec. 15.  [REVISOR INSTRUCTION.] 
 27.3      The revisor of statutes shall correct references to 
 27.4   Minnesota Rules, chapter 4750, in Minnesota Rules, part 
 27.5   4668.0080. 
 27.6      Sec. 16.  [REPEALER.] 
 27.7      Minnesota Rules, parts 4750.0010; 4750.0020; 4750.0030; 
 27.8   4750.0040; 4750.0050; 4750.0060; 4750.0070; 4750.0080; 
 27.9   4750.0090; 4750.0100; 4750.0200; 4750.0300; 4750.0400; 
 27.10  4750.0500; 4750.0600; and 4750.0700, are repealed.