HF 3434

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; modifying provisions for health occupations and professionals;
clarifying a definition for hearing instrument dispensing; granting the
commissioner authority to contract with the health professionals services
program to access diversion and monitoring services; amending Minnesota
Statutes 2004, sections 148.515, subdivision 2; 148.5175; 148.518; 148.5193,
subdivision 1; 148.5195, by adding a subdivision; 148.6440, subdivision 7;
148.6443, subdivisions 2, 3, 4; 148.6448, by adding a subdivision; 153A.13,
subdivision 4; 153A.15, by adding a subdivision; Minnesota Statutes 2005
Supplement, sections 148.515, subdivision 6; 153A.14, subdivision 4c.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 148.515, subdivision 2, is amended to read:

Subd. 2.

Master's or doctoral degree required.

(a) An applicant must possess a
master's or doctoral degree that meets the requirements of paragraph (b). If completing a
doctoral program in which a master's degree has not been conferred, an applicant must
submit a transcript showing completion of course work equivalent to, or exceeding, a
master's degree that meets the requirement of paragraph (b).

(b) All of the applicant's graduate coursework and clinical practicum required in the
professional area for which licensure is sought must have been initiated and completed at
an institution whose program new text begin meets the current requirements and new text end was accredited by the
Educational Standards Board of the Council on Academic Accreditation in Audiology
and Speech-Language Pathology, a body recognized by the United States Department of
Education, or an equivalent as determined by the commissioner, in the area for which
licensure is sought.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 148.515, subdivision 6, is
amended to read:

Subd. 6.

Dispensing audiologist examination requirements.

(a) Audiologists are
exempt from the written examination requirement in section 153A.14, subdivision 2h,
paragraph (a), clause (1).

(b) After July 31, 2005, all applicants for audiologist licensure under sections
148.512 to 148.5198 must achieve a passing score on the practical tests of proficiency
described in section 153A.14, subdivision 2h, paragraph (a), clause (2), within the time
period described in section 153A.14, subdivision 2h, paragraph (c).

(c) In order to dispense hearing aids as a sole proprietor, member of a partnership,
or for a limited liability company, corporation, or any other entity organized for profit, a
licensee who obtained audiologist licensure under sections 148.512 to 148.5198, before
August 1, 2005, and who is not certified to dispense hearing aids under chapter 153A,
must achieve a passing score on the practical tests of proficiency described in section
153A.14, subdivision 2h, paragraph (a), clause (2), within the time period described
in section 153A.14, subdivision 2h, paragraph (c). All other audiologist licensees who
obtained licensure before August 1, 2005, are exempt from the practical tests.

new text begin (d) An applicant for an audiology license who obtains a temporary license under
section 148.5175 may dispense hearing aids only under supervision of a licensed
audiologist who dispenses hearing aids.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2004, section 148.5175, is amended to read:

148.5175 TEMPORARY LICENSURE.

(a) The commissioner shall issue temporary licensure as a speech-language
pathologist, an audiologist, or both, to an applicant deleted text begin who has applied for licensure under
section 148.515, 148.516, 148.517, or 148.518 and deleted text end who:

(1) submits a signed and dated affidavit stating that the applicant is not the subject of
a disciplinary action or past disciplinary action in this or another jurisdiction and is not
disqualified on the basis of section 148.5195, subdivision 3; and

(2) either:

(i) provides a copy of a current credential as a speech-language pathologist, an
audiologist, or both, held in the District of Columbia or a state or territory of the United
States; or

(ii) provides a copy of a current certificate of clinical competence issued by the
American Speech-Language-Hearing Association or board certification in audiology by
the American Board of Audiology.

(b) A temporary license issued to a person under this subdivision expires 90 days
after it is issued or on the date the commissioner grants or denies licensure, whichever
occurs first.

(c) Upon application, a temporary license shall be renewed once to a person who is
able to demonstrate good cause for failure to meet the requirements for licensure within
the initial temporary licensure period and who is not the subject of a disciplinary action or
disqualified on the basis of section 148.5195, subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2004, section 148.518, is amended to read:

148.518 LICENSURE FOLLOWING LAPSE OF LICENSURE STATUS.

For an applicant whose licensure status has lapsed, the applicant must:

(1) apply for licensure renewal according to section 148.5191 and document
compliance with the continuing education requirements of section 148.5193 since the
applicant's license lapsed;

(2) fulfill the requirements of section 148.517;

(3) apply for renewal according to section 148.5191, provide evidence to the
commissioner that the applicant holds a current and unrestricted credential for the practice
of speech-language pathology from the Minnesota Board of Teaching or for the practice
of speech-language pathology or audiology in another jurisdiction that has requirements
equivalent to or higher than those in effect for Minnesota, and provide evidence of
compliance with Minnesota Board of Teaching or that jurisdiction's continuing education
requirements; deleted text begin or deleted text end

(4) apply for renewal according to section 148.5191 and submit verified
documentation of successful completion of 160 hours of supervised practice approved by
the commissioner. To participate in a supervised practice, the applicant shall first apply
and obtain temporary licensing according to section 148.5161 deleted text begin . deleted text end new text begin ; or new text end

new text begin (5) apply for renewal according to section 148.5191 and provide documentation of
obtaining a qualifying score on the examination described in section 148.515, subdivision
4, within one year of the application date for license renewal.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2004, section 148.5193, subdivision 1, is amended to read:

Subdivision 1.

Number of contact hours required.

(a) An applicant for licensure
renewal must meet the requirements for continuing education stipulated by the American
Speech-Language-Hearing Association or the American Board of Audiology, or satisfy
the requirements described in paragraphs (b) to (e).

(b) Within one month following expiration of a license, an applicant for licensure
renewal as either a speech-language pathologist or an audiologist must provide evidence
to the commissioner of a minimum of 30 contact hours of continuing education obtained
within the two years immediately preceding licensure expiration. A minimum of 20
contact hours of continuing education must be directly related to the licensee's area of
licensure. Ten contact hours of continuing education may be in areas generally related to
the licensee's area of licensure. Licensees who are issued licenses for a period of less than
two years shall prorate the number of contact hours required for licensure renewal based
on the number of months licensed during the biennial licensure period. Licensees shall
receive contact hours for continuing education activities only for the biennial licensure
period in which the continuing education activity was performed.

(c) An applicant for licensure renewal as both a speech-language pathologist and an
audiologist must attest to and document completion of a minimum of 36 contact hours
of continuing education offered by a continuing education sponsor within the two years
immediately preceding licensure renewal. A minimum of 15 contact hours must be
received in the area of speech-language pathology and a minimum of 15 contact hours
must be received in the area of audiology. Six contact hours of continuing education
may be in areas generally related to the licensee's areas of licensure. Licensees who are
issued licenses for a period of less than two years shall prorate the number of contact
hours required for licensure renewal based on the number of months licensed during the
biennial licensure period. Licensees shall receive contact hours for continuing education
activities only for the biennial licensure period in which the continuing education activity
was performed.

(d) If the licensee is licensed by the Board of Teaching:

(1) activities that are approved in the categories of Minnesota Rules, part deleted text begin 8700.1000 deleted text end new text begin
8710.7200 new text end , subpart 3, items A and B, and that relate to speech-language pathology, shall
be considered:

(i) offered by a sponsor of continuing education; and

(ii) directly related to speech-language pathology;

(2) activities that are approved in the categories of Minnesota Rules, part deleted text begin 8700.1000 deleted text end new text begin
8710.7200 new text end , subpart 3, shall be considered:

(i) offered by a sponsor of continuing education; and

(ii) generally related to speech-language pathology; and

(3) one clock hour as defined in Minnesota Rules, part deleted text begin 8700.1000 deleted text end new text begin 8710.7200 new text end ,
subpart 1, is equivalent to 1.0 contact hours of continuing education.

(e) Contact hours may not be accumulated in advance and transferred to a future
continuing education period.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2004, section 148.5195, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Authority to contract. new text end

new text begin The commissioner shall contract with the health
professionals services program as authorized by sections 214.31 to 214.37 to provide
these services to practitioners under this chapter. The health professionals services
program does not affect the commissioner's authority to discipline violations of sections
148.511 to 148.5198.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2004, section 148.6440, subdivision 7, is amended to read:

Subd. 7.

Approval.

(a) The advisory council shall appoint a committee to review
documentation under subdivisions 2 to 6 to determine if established educational and
clinical requirements are met. new text begin If, after review of course documentation, the committee
verifies that a specific course meets the theoretical and clinical requirements in
subdivisions 2 to 6, the commissioner may approve practitioner applications that include
the required course documentation evidencing completion of the same course.
new text end

(b) Occupational therapists shall be advised of the status of their request for approval
within 30 days. Occupational therapists must provide any additional information requested
by the committee that is necessary to make a determination regarding approval or denial.

(c) A determination regarding a request for approval of training under this
subdivision shall be made in writing to the occupational therapist. If denied, the reason for
denial shall be provided.

(d) A licensee who was approved by the commissioner as a level two provider prior
to July 1, 1999, shall remain on the roster maintained by the commissioner in accordance
with subdivision 1, paragraph (c).

(e) To remain on the roster maintained by the commissioner, a licensee who was
approved by the commissioner as a level one provider prior to July 1, 1999, must submit to
the commissioner documentation of training and experience gained using physical agent
modalities since the licensee's approval as a level one provider. The committee appointed
under paragraph (a) shall review the documentation and make a recommendation to the
commissioner regarding approval.

(f) An occupational therapist who received training in the use of physical agent
modalities prior to July 1, 1999, but who has not been placed on the roster of approved
providers may submit to the commissioner documentation of training and experience
gained using physical agent modalities. The committee appointed under paragraph (a)
shall review documentation and make a recommendation to the commissioner regarding
approval.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2004, section 148.6443, subdivision 2, is amended to read:

Subd. 2.

Standards for determining qualified continuing education activities.

Except as provided in subdivision 3, paragraph (f), in order to qualify as a continuing
education activity, the activity must:

(1) constitute an organized program of learning;

(2) reasonably be expected to advance the knowledge and skills of the occupational
therapy practitioner;

(3) pertain to subjects that directly relate to the practice of occupational therapy;

(4) be conducted by new text begin a sponsor approved by the American Occupational Therapy
Association or by new text end individuals who have education, training, and experience by reason of
which the individuals should be considered experts on the subject matter of the activity;
and

(5) be presented by a sponsor who has a mechanism to verify participation and
maintains attendance records for three years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2004, section 148.6443, subdivision 3, is amended to read:

Subd. 3.

Activities qualifying for continuing education contact hours.

(a) The
activities in this subdivision qualify for continuing education contact hours if they meet all
other requirements of this section.

(b) new text begin A minimum of one-half of the required contact hours must be directly related
to the occupational therapy practice. The remaining contact hours may be related to
occupational therapy practice, the delivery of occupational therapy services, or to the
practitioner's current professional role.
new text end

new text begin (c) new text end A licensee may obtain an unlimited number of contact hours in any two-year
continuing education period through participation in the following:

(1) attendance at educational programs of annual conferences, lectures, panel
discussions, workshops, in-service training, seminars, and symposiums;

(2) successful completion of college or university courses. The licensee must obtain
a grade of at least a "C" or a pass in a pass or fail course in order to receive the following
continuing education credits:

(i) one semester credit equals 14 contact hours;

(ii) one trimester credit equals 12 contact hours; and

(iii) one quarter credit equals ten contact hours; deleted text begin and
deleted text end

(3) successful completion of home study courses that require the participant to
demonstrate the participant's knowledge following completion of the course.

deleted text begin (c) deleted text end new text begin (d) new text end A licensee may obtain a maximum of six contact hours in any two-year
continuing education period for new text begin : new text end

new text begin (1) new text end teaching continuing education courses that meet the requirements of this section.
A licensee is entitled to earn a maximum of two contact hours as preparation time for
each contact hour of presentation time. Contact hours may be claimed only once for
teaching the same course in any two-year continuing education period. A course schedule
or brochure must be maintained for audit deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) supervising occupational therapist or occupational therapy assistant students. A
licensee may earn one contact hour for every eight hours of student supervision. Licensees
must maintain a log indicating the name of each student supervised and the hours each
student was supervised. Contact hours obtained by student supervision must be obtained
by supervising students from an occupational therapy education program accredited by the
Accreditation Council for Occupational Therapy Education;
new text end

new text begin (3) teaching or participating in courses related to leisure activities, recreational
activities, or hobbies if the practitioner uses these interventions within the practitioner's
current practice or employment; and
new text end

new text begin (4) engaging in research activities or outcome studies that are associated with grants,
postgraduate studies, or publications in professional journals or books.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end A licensee may obtain a maximum of two contact hours in any two-year
continuing education period for continuing education activities in the following areas:

(1) business-related topics: marketing, time management, administration, risk
management, government regulations, techniques for training professionals, computer
skills, new text begin payment systems, including covered services, coding, documentation, billing,
new text end and similar topics;

(2) personal skill topics: career burnout, communication skills, human relations, and
similar topics; and

(3) training that is obtained in conjunction with a licensee's employment, occurs
during a licensee's normal workday, and does not include subject matter specific to the
fundamentals of occupational therapy.

deleted text begin (e) An occupational therapy practitioner that utilizes leisure activities, recreational
activities, or hobbies as part of occupational therapy services in the practitioner's current
work setting may obtain a maximum of six contact hours in any two-year continuing
education period for participation in courses teaching these activities.
deleted text end

deleted text begin (f) A licensee may obtain a maximum of six contact hours in any two-year continuing
education period for supervision of occupational therapist or occupational therapy
assistant students. A licensee may earn one contact hour for every eight hours of student
supervision. Licensees must maintain a log indicating the name of each student supervised
and the hours each student was supervised. Contact hours obtained by student supervision
must be obtained by supervising students from an occupational therapy education program
accredited by the Accreditation Council for Occupational Therapy Education.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2004, section 148.6443, subdivision 4, is amended to read:

Subd. 4.

Activities not qualifying for continuing education contact hours.

No
credit shall be granted for the following activities: hospital rounds, entertainment or
recreational activities, employment orientation sessions, holding an office or serving as an
organizational delegate, meetings for the purpose of making policy deleted text begin , deleted text end new text begin and new text end noneducational
association meetings deleted text begin , training related to payment systems, including covered services,
coding, and billing deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2004, section 148.6448, is amended by adding a
subdivision to read:

new text begin Subd. 6. new text end

new text begin Authority to contract. new text end

new text begin The commissioner shall contract with the health
professionals services program as authorized by sections 214.31 to 214.37 to provide
these services to practitioners under this chapter. The health professionals services
program does not affect the commissioner's authority to discipline violations of sections
148.6401 to 148.6450.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2004, section 153A.13, subdivision 4, is amended to read:

Subd. 4.

Hearing instrument dispensing.

"Hearing instrument dispensing" means
making ear mold impressions, prescribing, or recommending a hearing instrument,
assisting the consumer in instrument selection, selling hearing instruments at retail, or
testing human hearing in connection with these activities deleted text begin when deleted text end new text begin regardless of whether new text end
the person conducting these activities has a monetary interest in the sale of hearing
instruments to the consumer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2005 Supplement, section 153A.14, subdivision 4c,
is amended to read:

Subd. 4c.

Reciprocity.

(a) A person deleted text begin applying for certification as a hearing
instrument dispenser under subdivision 1 deleted text end who has dispensed hearing instruments
in another jurisdiction may dispense hearing instruments as a trainee under indirect
supervision if the person:

(1) satisfies the provisions of subdivision 4a, paragraph (a);

(2) submits a signed and dated affidavit stating that the applicant is not the subject of
a disciplinary action or past disciplinary action in this or another jurisdiction and is not
disqualified on the basis of section 153A.15, subdivision 1; and

(3) provides a copy of a current credential as a hearing instrument dispenser held in
the District of Columbia or a state or territory of the United States.

(b) A person becoming a trainee under this subdivision who fails to take and pass the
practical examination described in subdivision 2h, paragraph (a), clause (2), when next
offered must cease dispensing hearing instruments unless under direct supervision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2004, section 153A.15, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Authority to contract. new text end

new text begin The commissioner shall contract with the health
professionals services program as authorized by sections 214.31 to 214.37 to provide these
services to practitioners under this chapter. The health professionals services program
does not affect the commissioner's authority to discipline violations of chapter 153A.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end