Minnesota Legislature
HF 2969
1st Committee Engrossment - 86th Legislature (2009 - 2010) Posted on 03/19/2013 07:29pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to health; making technical changes to licensing provisions;amending
1.3Minnesota Statutes 2008, sections 148.5193, subdivision 6; 148.5195,
1.4subdivision 3; 148.6418, subdivisions 1, 2; Minnesota Statutes 2009 Supplement,
1.5section 148.6405.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2008, section 148.5193, subdivision 6, is amended to
1.8read:
1.9 Subd. 6. Records of attendance. (a) A licensee must maintain for four years
1.10records of attending the continuing education contact hours required for licensure renewal.
1.11(b) An applicant for licensure renewal must submit documentation
1.12demonstrating compliance with continuing education requirements of the American
1.13Speech-Language-Hearing Association or the American Board of Audiology or an
1.14equivalent, or the following information on a form provided by the commissioner: the
1.15sponsoring organization, the dates of the course, the course name, the number of contact
1.16hours completed, and the name and signature of the licensee.The form must be submitted
1.17with the renewal application under section
148.5191, subdivision 1.
1.18 Sec. 2. Minnesota Statutes 2008, section 148.5195, subdivision 3, is amended to read:
1.19 Subd. 3. Grounds for disciplinary action by commissioner. The commissioner
1.20may take any of the disciplinary actions listed in subdivision 4 on proof that the individual
1.21has:
1.22(1) intentionally submitted false or misleading information to the commissioner
1.23or the advisory council;
2.1(2) failed, within 30 days, to provide information in response to a written request,
2.2via certified mail, by the commissioner or advisory council;
2.3(3) performed services of a speech-language pathologist or audiologist in an
2.4incompetent or negligent manner;
2.5(4) violated sections148.511 to
148.5198 ;
2.6(5) failed to perform services with reasonable judgment, skill, or safety due to the
2.7use of alcohol or drugs, or other physical or mental impairment;
2.8(6) violated any state or federal law, rule, or regulation, and the violation is a felony
2.9or misdemeanor, an essential element of which is dishonesty, or which relates directly
2.10or indirectly to the practice of speech-language pathology or audiology. Conviction for
2.11violating any state or federal law which relates to speech-language pathology or audiology
2.12is necessarily considered to constitute a violation, except as provided in chapter 364;
2.13(7) aided or abetted another person in violating any provision of sections148.511 to
2.14148.5198
;
2.15(8) been or is being disciplined by another jurisdiction, if any of the grounds for
2.16the discipline is the same or substantially equivalent to those under sections148.511 to
2.17148.5198
;
2.18(9) not cooperated with the commissioner or advisory council in an investigation
2.19conducted according to subdivision 1;
2.20(10) advertised in a manner that is false or misleading;
2.21(11) engaged in conduct likely to deceive, defraud, or harm the public; or
2.22demonstrated a willful or careless disregard for the health, welfare, or safety of a client;
2.23(12) failed to disclose to the consumer any fee splitting or any promise to pay a
2.24portion of a fee to any other professional other than a fee for services rendered by the
2.25other professional to the client;
2.26(13) engaged in abusive or fraudulent billing practices, including violations of
2.27federal Medicare and Medicaid laws, Food and Drug Administration regulations, or state
2.28medical assistance laws;
2.29(14) obtained money, property, or services from a consumer through the use of
2.30undue influence, high pressure sales tactics, harassment, duress, deception, or fraud;
2.31(15) performed services for a client who had no possibility of benefiting from the
2.32services;
2.33(16) failed to refer a client for medical evaluation or to other health care professionals
2.34when appropriate or when a client indicated symptoms associated with diseases that
2.35could be medically or surgically treated;
3.1(17) had the certification required by chapter 153A denied, suspended, or revoked
3.2according to chapter 153A;
3.3(18) used the term doctor of audiology, doctor of speech-language pathology,
3.4AuD, or SLPD without having obtained the degree from an institution accredited by
3.5the North Central Association of Colleges and Secondary Schools, the Council on
3.6Academic Accreditation in Audiology and Speech-Language Pathology, the United States
3.7Department of Education, or an equivalent;
3.8(19) failed to comply with the requirements of section148.5192 regarding
3.9supervision of speech-language pathology assistants; or
3.10(20) if the individual is an audiologist or certified hearing instrument dispenser:
3.11(i) prescribed or otherwise recommended to a consumer or potential consumer the
3.12use of a hearing instrument, unless the prescription from a physician or recommendation
3.13from an audiologist or certified dispenser is in writing, is based on an audiogram that is
3.14delivered to the consumer or potential consumer when the prescription or recommendation
3.15is made, and bears the following information in all capital letters of 12-point or
3.16larger boldface type: "THIS PRESCRIPTION OR RECOMMENDATION MAY BE
3.17FILLED BY, AND HEARING INSTRUMENTS MAY BE PURCHASED FROM, THE
3.18LICENSED AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE";
3.19(ii) failed to give a copy of the audiogram, upon which the prescription or
3.20recommendation is based, to the consumer when the consumer requests a copy;
3.21(iii) failed to provide the consumer rights brochure required by section148.5197,
3.22subdivision 3 ;
3.23(iv) failed to comply with restrictions on sales of hearing instruments in sections
3.24148.5197, subdivision 3
, and
148.5198 ;
3.25(v) failed to return a consumer's hearing instrument used as a trade-in or for a
3.26discount in the price of a new hearing instrument when requested by the consumer upon
3.27cancellation of the purchase agreement;
3.28(vi) failed to follow Food and Drug Administration or Federal Trade Commission
3.29regulations relating to dispensing hearing instruments;
3.30(vii) failed to dispense a hearing instrument in a competent manner or without
3.31appropriate training;
3.32(viii) delegated hearing instrument dispensing authority to a person not authorized to
3.33dispense a hearing instrument under this chapter or chapter 153A;
3.34(ix) failed to comply with the requirements of an employer or supervisor of a
3.35hearing instrument dispenser trainee;
4.1(x) violated a state or federal court order or judgment, including a conciliation court
4.2judgment, relating to the activities of the individual's hearing instrument dispensing; or
4.3(xi) failed to include on the audiogram the practitioner's printed name, credential
4.4type, credential number, signature, and date.
4.5 Sec. 3. Minnesota Statutes 2009 Supplement, section 148.6405, is amended to read:
4.6148.6405 LICENSURE APPLICATION REQUIREMENTS: PROCEDURES
4.7AND QUALIFICATIONS.
4.8(a) An applicant for licensure must comply with the application requirements
4.9in section148.6420 . To qualify for licensure, an applicant must satisfy one of the
4.10requirements in paragraphs (b) to (f) and not be subject to denial of licensure under
4.11section148.6448 .
4.12(b) A person who applies for licensure as an occupational therapist and who has not
4.13been credentialed by the National Board for Certification in Occupational Therapy or
4.14another jurisdiction must meet the requirements in section148.6408 .
4.15(c) A person who applies for licensure as an occupational therapy assistant and who
4.16has not been credentialed by the National Board for Certification in Occupational Therapy
4.17or another jurisdiction must meet the requirements in section148.6410 .
4.18(d) A person who is certified by the National Board for Certification in Occupational
4.19Therapy may apply for licensure by equivalency and must meet the requirements in
4.20section148.6412 .
4.21(e) A person who is credentialed in another jurisdiction may apply for licensure by
4.22reciprocity and must meet the requirements in section148.6415 .
4.23(f) A person who applies for temporary licensure must meet the requirements in
4.24section148.6418 .
4.25(g) A person who applies for licensure under paragraph (b), (c), or (f) more than two
4.26and less than four years after meeting the requirements in section148.6408 or
148.6410
4.27must submit the following:
4.28(1) a completed and signed application for licensure on forms provided by the
4.29commissioner;
4.30(2) the license application fee required under section148.6445 ;
4.31(3) if applying for occupational therapist licensure, proof of having met a minimum
4.32of 24 contact hours of continuing education in the two years preceding licensure
4.33application, or if applying for occupational therapy assistant licensure, proof of having
4.34met a minimum of 18 contact hours of continuing education in the two years preceding
4.35licensure application;
5.1(4) verified documentation of successful completion of 160 hours of supervised
5.2practice approved by the commissioner under a limited license specified in section
5.3148.6425, subdivision 3
, paragraph (c); and
5.4(5) additional information as requested by the commissioner to clarify information
5.5in the application, including information to determine whether the individual has engaged
5.6in conduct warranting disciplinary action under section148.6448 . The information must
5.7be submitted within 30 days after the commissioner's request.
5.8(h) A person who applied for licensure under paragraph (b), (c), or (f) four years
5.9or more after meeting the requirements in section148.6408 or
148.6410 must meet all
5.10the requirements in paragraph (g) except clauses (3) and (4), submit documentation
5.11of having retaken and passed the credentialing examination for occupational therapist
5.12or occupational therapy assistant, or of having completed an occupational therapy
5.13refresher program that contains both a theoretical and clinical component approved by
5.14the commissioner, and verified documentation of successful completion of 480 hours of
5.15supervised practice approved by the commissioner under a limited license specified in
5.16section148.6425, subdivision 3 , paragraph (c). The 480 hours of supervised practice must
5.17be completed in six months and may be completed at the applicant's place of work. Only
5.18refresher courses completed within one year prior to the date of application qualify for
5.19approval.
5.20 Sec. 4. Minnesota Statutes 2008, section 148.6418, subdivision 1, is amended to read:
5.21 Subdivision 1. Application. The commissioner shall issue temporary licensure as
5.22an occupational therapist or occupational therapy assistant to applicants whohave applied
5.23for licensure under section
148.6408, subdivisions 1 and 2;
148.6410, subdivisions 1
5.24and 2
;
148.6412; or
148.6415 and who are not the subject of a disciplinary action or
5.25past disciplinary action, nor disqualified on the basis of items listed in section148.6448,
5.26subdivision 1 .
5.27 Sec. 5. Minnesota Statutes 2008, section 148.6418, subdivision 2, is amended to read:
5.28 Subd. 2. Procedures. To be eligible for temporary licensure, an applicant must
5.29submitthe a completed application materials required by section
148.6420, subdivision
5.301
5.31section148.6445 , and one of the following:
5.32(1) evidence of successful completion of the requirements in section148.6408,
5.33subdivision 1 , or
148.6410, subdivision 1 ;
6.1(2) a copy of a current and unrestricted credential for the practice of occupational
6.2therapy as either an occupational therapist or occupational therapy assistant in another
6.3jurisdiction; or
6.4(3) a copy of a current and unrestricted certificate from the National Board
6.5for Certification in Occupational Therapy stating that the applicant is certified as an
6.6occupational therapist or occupational therapy assistant.
1.3Minnesota Statutes 2008, sections 148.5193, subdivision 6; 148.5195,
1.4subdivision 3; 148.6418, subdivisions 1, 2; Minnesota Statutes 2009 Supplement,
1.5section 148.6405.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2008, section 148.5193, subdivision 6, is amended to
1.8read:
1.9 Subd. 6. Records of attendance. (a) A licensee must maintain for four years
1.10records of attending the continuing education contact hours required for licensure renewal.
1.11(b) An applicant for licensure renewal must submit documentation
1.12demonstrating compliance with continuing education requirements of the American
1.13Speech-Language-Hearing Association or the American Board of Audiology or an
1.14equivalent, or the following information on a form provided by the commissioner: the
1.15sponsoring organization, the dates of the course, the course name, the number of contact
1.16hours completed, and the name and signature of the licensee.
1.17
1.18 Sec. 2. Minnesota Statutes 2008, section 148.5195, subdivision 3, is amended to read:
1.19 Subd. 3. Grounds for disciplinary action by commissioner. The commissioner
1.20may take any of the disciplinary actions listed in subdivision 4 on proof that the individual
1.21has:
1.22(1) intentionally submitted false or misleading information to the commissioner
1.23or the advisory council;
2.1(2) failed, within 30 days, to provide information in response to a written request
2.2
2.3(3) performed services of a speech-language pathologist or audiologist in an
2.4incompetent or negligent manner;
2.5(4) violated sections
2.6(5) failed to perform services with reasonable judgment, skill, or safety due to the
2.7use of alcohol or drugs, or other physical or mental impairment;
2.8(6) violated any state or federal law, rule, or regulation, and the violation is a felony
2.9or misdemeanor, an essential element of which is dishonesty, or which relates directly
2.10or indirectly to the practice of speech-language pathology or audiology. Conviction for
2.11violating any state or federal law which relates to speech-language pathology or audiology
2.12is necessarily considered to constitute a violation, except as provided in chapter 364;
2.13(7) aided or abetted another person in violating any provision of sections
2.15(8) been or is being disciplined by another jurisdiction, if any of the grounds for
2.16the discipline is the same or substantially equivalent to those under sections
2.18(9) not cooperated with the commissioner or advisory council in an investigation
2.19conducted according to subdivision 1;
2.20(10) advertised in a manner that is false or misleading;
2.21(11) engaged in conduct likely to deceive, defraud, or harm the public; or
2.22demonstrated a willful or careless disregard for the health, welfare, or safety of a client;
2.23(12) failed to disclose to the consumer any fee splitting or any promise to pay a
2.24portion of a fee to any other professional other than a fee for services rendered by the
2.25other professional to the client;
2.26(13) engaged in abusive or fraudulent billing practices, including violations of
2.27federal Medicare and Medicaid laws, Food and Drug Administration regulations, or state
2.28medical assistance laws;
2.29(14) obtained money, property, or services from a consumer through the use of
2.30undue influence, high pressure sales tactics, harassment, duress, deception, or fraud;
2.31(15) performed services for a client who had no possibility of benefiting from the
2.32services;
2.33(16) failed to refer a client for medical evaluation or to other health care professionals
2.34when appropriate or when a client indicated symptoms associated with diseases that
2.35could be medically or surgically treated;
3.1(17) had the certification required by chapter 153A denied, suspended, or revoked
3.2according to chapter 153A;
3.3(18) used the term doctor of audiology, doctor of speech-language pathology,
3.4AuD, or SLPD without having obtained the degree from an institution accredited by
3.5the North Central Association of Colleges and Secondary Schools, the Council on
3.6Academic Accreditation in Audiology and Speech-Language Pathology, the United States
3.7Department of Education, or an equivalent;
3.8(19) failed to comply with the requirements of section
3.9supervision of speech-language pathology assistants; or
3.10(20) if the individual is an audiologist or certified hearing instrument dispenser:
3.11(i) prescribed or otherwise recommended to a consumer or potential consumer the
3.12use of a hearing instrument, unless the prescription from a physician or recommendation
3.13from an audiologist or certified dispenser is in writing, is based on an audiogram that is
3.14delivered to the consumer or potential consumer when the prescription or recommendation
3.15is made, and bears the following information in all capital letters of 12-point or
3.16larger boldface type: "THIS PRESCRIPTION OR RECOMMENDATION MAY BE
3.17FILLED BY, AND HEARING INSTRUMENTS MAY BE PURCHASED FROM, THE
3.18LICENSED AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE";
3.19(ii) failed to give a copy of the audiogram, upon which the prescription or
3.20recommendation is based, to the consumer when the consumer requests a copy;
3.21(iii) failed to provide the consumer rights brochure required by section
3.22subdivision 3
3.23(iv) failed to comply with restrictions on sales of hearing instruments in sections
3.25(v) failed to return a consumer's hearing instrument used as a trade-in or for a
3.26discount in the price of a new hearing instrument when requested by the consumer upon
3.27cancellation of the purchase agreement;
3.28(vi) failed to follow Food and Drug Administration or Federal Trade Commission
3.29regulations relating to dispensing hearing instruments;
3.30(vii) failed to dispense a hearing instrument in a competent manner or without
3.31appropriate training;
3.32(viii) delegated hearing instrument dispensing authority to a person not authorized to
3.33dispense a hearing instrument under this chapter or chapter 153A;
3.34(ix) failed to comply with the requirements of an employer or supervisor of a
3.35hearing instrument dispenser trainee;
4.1(x) violated a state or federal court order or judgment, including a conciliation court
4.2judgment, relating to the activities of the individual's hearing instrument dispensing; or
4.3(xi) failed to include on the audiogram the practitioner's printed name, credential
4.4type, credential number, signature, and date.
4.5 Sec. 3. Minnesota Statutes 2009 Supplement, section 148.6405, is amended to read:
4.6148.6405 LICENSURE APPLICATION REQUIREMENTS: PROCEDURES
4.7AND QUALIFICATIONS.
4.8(a) An applicant for licensure must comply with the application requirements
4.9in section
4.10requirements in paragraphs (b) to (f) and not be subject to denial of licensure under
4.11section
4.12(b) A person who applies for licensure as an occupational therapist and who has not
4.13been credentialed by the National Board for Certification in Occupational Therapy or
4.14another jurisdiction must meet the requirements in section
4.15(c) A person who applies for licensure as an occupational therapy assistant and who
4.16has not been credentialed by the National Board for Certification in Occupational Therapy
4.17or another jurisdiction must meet the requirements in section
4.18(d) A person who is certified by the National Board for Certification in Occupational
4.19Therapy may apply for licensure by equivalency and must meet the requirements in
4.20section
4.21(e) A person who is credentialed in another jurisdiction may apply for licensure by
4.22reciprocity and must meet the requirements in section
4.23(f) A person who applies for temporary licensure must meet the requirements in
4.24section
4.25(g) A person who applies for licensure under paragraph (b), (c), or (f) more than two
4.26and less than four years after meeting the requirements in section
4.28(1) a completed and signed application for licensure on forms provided by the
4.29commissioner;
4.30(2) the license application fee required under section
4.31(3) if applying for occupational therapist licensure, proof of having met a minimum
4.32of 24 contact hours of continuing education in the two years preceding licensure
4.33application, or if applying for occupational therapy assistant licensure, proof of having
4.34met a minimum of 18 contact hours of continuing education in the two years preceding
4.35licensure application;
5.1(4) verified documentation of successful completion of 160 hours of supervised
5.2practice approved by the commissioner under a limited license specified in section
5.4(5) additional information as requested by the commissioner to clarify information
5.5in the application, including information to determine whether the individual has engaged
5.6in conduct warranting disciplinary action under section
5.7be submitted within 30 days after the commissioner's request.
5.8(h) A person who applied for licensure under paragraph (b), (c), or (f) four years
5.9or more after meeting the requirements in section
5.10the requirements in paragraph (g) except clauses (3) and (4), submit documentation
5.11of having retaken and passed the credentialing examination for occupational therapist
5.12or occupational therapy assistant, or of having completed an occupational therapy
5.13refresher program that contains both a theoretical and clinical component approved by
5.14the commissioner, and verified documentation of successful completion of 480 hours of
5.15supervised practice approved by the commissioner under a limited license specified in
5.16section
5.17be completed in six months and may be completed at the applicant's place of work. Only
5.18refresher courses completed within one year prior to the date of application qualify for
5.19approval.
5.20 Sec. 4. Minnesota Statutes 2008, section 148.6418, subdivision 1, is amended to read:
5.21 Subdivision 1. Application. The commissioner shall issue temporary licensure as
5.22an occupational therapist or occupational therapy assistant to applicants who
5.23
5.24
5.25past disciplinary action, nor disqualified on the basis of items listed in section
5.26subdivision 1
5.27 Sec. 5. Minnesota Statutes 2008, section 148.6418, subdivision 2, is amended to read:
5.28 Subd. 2. Procedures. To be eligible for temporary licensure, an applicant must
5.29submit
5.30
5.31section
5.32(1) evidence of successful completion of the requirements in section
5.33subdivision 1
6.1(2) a copy of a current and unrestricted credential for the practice of occupational
6.2therapy as either an occupational therapist or occupational therapy assistant in another
6.3jurisdiction; or
6.4(3) a copy of a current and unrestricted certificate from the National Board
6.5for Certification in Occupational Therapy stating that the applicant is certified as an
6.6occupational therapist or occupational therapy assistant.