SF 424

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; establishing licensure for 
  1.3             speech-language pathology and audiology; amending 
  1.4             Minnesota Statutes 2000, sections 148.511; 148.512, 
  1.5             subdivisions 4, 6, 7, 14, 15, 16, 17, 18, and 20; 
  1.6             148.513; 148.514; 148.515; 148.516; 148.5161; 148.517; 
  1.7             148.518; 148.519; 148.5191; 148.5193, subdivisions 1, 
  1.8             4, 6, 6a, 7, and 8; 148.5194; 148.5195, subdivisions 
  1.9             2, 4, 5, and 6; 148.5196; 153A.14, subdivisions 2a and 
  1.10            2i; 153A.17; and 153A.20, subdivision 1; repealing 
  1.11            Minnesota Statutes 2000, section 148.512, subdivision 
  1.12            11. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2000, section 148.511, is 
  1.15  amended to read: 
  1.16     148.511 [SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS 
  1.17  SCOPE.] 
  1.18     Sections 148.511 to 148.5196 apply only to persons who are 
  1.19  applicants for registration licensure, who are registered 
  1.20  licensed, who use protected titles, or who represent that they 
  1.21  are registered licensed, or who engage in the practice of 
  1.22  speech-language pathology or audiology.  Sections 148.511 to 
  1.23  148.5196 do not apply to school personnel licensed by the board 
  1.24  of teaching under Minnesota Rules, part 8700.5505 8710.6000, 
  1.25  provided that school personnel practicing practice within the 
  1.26  scope of their licensed occupation preface titles protected 
  1.27  under section 148.513 with the words "school" or 
  1.28  "educational." as defined in Minnesota Rules, part 8710.6000. 
  1.29     Sec. 2.  Minnesota Statutes 2000, section 148.512, 
  2.1   subdivision 4, is amended to read: 
  2.2      Subd. 4.  [APPLICANT.] "Applicant" means a person who 
  2.3   applies to the commissioner for registration licensure or 
  2.4   registration licensure renewal.  
  2.5      Sec. 3.  Minnesota Statutes 2000, section 148.512, 
  2.6   subdivision 6, is amended to read: 
  2.7      Subd. 6.  [AUDIOLOGIST.] "Audiologist" means a natural 
  2.8   person who engages in the practice of audiology, meets the 
  2.9   qualifications required by sections 148.511 to 148.5196, and 
  2.10  registers as an audiologist with is licensed by the 
  2.11  commissioner.  Audiologist also means a natural person using any 
  2.12  descriptive word with the title audiologist.  
  2.13     Sec. 4.  Minnesota Statutes 2000, section 148.512, 
  2.14  subdivision 7, is amended to read: 
  2.15     Subd. 7.  [COMMISSIONER.] "Commissioner" means the 
  2.16  commissioner of the department of health or a designee.  
  2.17     Sec. 5.  Minnesota Statutes 2000, section 148.512, 
  2.18  subdivision 14, is amended to read: 
  2.19     Subd. 14.  [REGISTER LICENSE OR REGISTERED LICENSED.] 
  2.20  "Register" "License" or "registered" "licensed" means the act or 
  2.21  status of a natural person who meets the requirements of 
  2.22  sections 148.511 to 148.5196 and who is authorized by the 
  2.23  commissioner to use the titles in section 148.513.  
  2.24     Sec. 6.  Minnesota Statutes 2000, section 148.512, 
  2.25  subdivision 15, is amended to read: 
  2.26     Subd. 15.  [REGISTRANT LICENSEE.] "Registrant" "Licensee" 
  2.27  means a person an individual who meets the requirements of 
  2.28  sections 148.511 to 148.5196 and is authorized by the 
  2.29  commissioner to use the titles in section 148.513.  
  2.30     Sec. 7.  Minnesota Statutes 2000, section 148.512, 
  2.31  subdivision 16, is amended to read: 
  2.32     Subd. 16.  [REGISTRATION LICENSURE.] "Registration" 
  2.33  "Licensure" is the system of regulation defined in section 
  2.34  214.001, subdivision 3, paragraph (c) (d), and is the process 
  2.35  specified in sections 148.511 to 148.5196. 
  2.36     Sec. 8.  Minnesota Statutes 2000, section 148.512, 
  3.1   subdivision 17, is amended to read: 
  3.2      Subd. 17.  [SPEECH-LANGUAGE PATHOLOGIST.] "Speech-language 
  3.3   pathologist" means a person who practices speech-language 
  3.4   pathology, meets the qualifications under sections 148.511 to 
  3.5   148.5196, and registers with is licensed by the 
  3.6   commissioner.  Speech-language pathologist also means a natural 
  3.7   person using, as an occupational title, a term identified in 
  3.8   section 148.513. 
  3.9      Sec. 9.  Minnesota Statutes 2000, section 148.512, 
  3.10  subdivision 18, is amended to read: 
  3.11     Subd. 18.  [SUPERVISEE.] "Supervisee" means an individual a 
  3.12  person who, under the direction or evaluation of a supervisor, 
  3.13  is: 
  3.14     (1) engaging in the supervised practice of speech-language 
  3.15  pathology or audiology; 
  3.16     (2) performing a function of supervised clinical training 
  3.17  as a student of speech-language pathology or audiology; or 
  3.18     (3) performing a function of supervised postgraduate 
  3.19  clinical experience in speech-language pathology or audiology.  
  3.20     Sec. 10.  Minnesota Statutes 2000, section 148.512, 
  3.21  subdivision 20, is amended to read: 
  3.22     Subd. 20.  [SUPERVISOR.] "Supervisor" means a person who 
  3.23  has the authority to direct or evaluate a supervisee and who is: 
  3.24     (1) a registered licensed speech-language pathologist or 
  3.25  audiologist; or 
  3.26     (2) when the commissioner determines that supervision by a 
  3.27  registered licensed speech-language pathologist or audiologist 
  3.28  as required in clause (1) is unobtainable, and in other 
  3.29  situations considered appropriate by the commissioner, a person 
  3.30  practicing speech-language pathology or audiology who holds a 
  3.31  current certificate of clinical competence from the American 
  3.32  Speech-Language-Hearing Association.  
  3.33     Sec. 11.  Minnesota Statutes 2000, section 148.513, is 
  3.34  amended to read: 
  3.35     148.513 [LICENSURE; PROTECTED TITLES AND RESTRICTIONS ON 
  3.36  USE; EXEMPTIONS.] 
  4.1      Subdivision 1.  [UNLICENSED PRACTICE PROHIBITED.] No person 
  4.2   shall engage in the practice of speech-language pathology or 
  4.3   audiology unless the person is licensed as a speech-language 
  4.4   pathologist or an audiologist, in accordance with sections 
  4.5   148.511 to 148.5196. 
  4.6      Subd. 2.  [PROTECTED TITLES AND RESTRICTIONS ON USE.] (a) A 
  4.7   person shall not use a title relating to speech-language 
  4.8   pathology or audiology, except as provided in paragraphs (b) and 
  4.9   (c).  
  4.10     (b) Use of the following terms or initials which represent 
  4.11  the following terms, alone or in combination with any word or 
  4.12  words, by any person to form an occupational title is prohibited 
  4.13  unless that person is registered licensed under sections 148.511 
  4.14  to 148.5196: 
  4.15     (1) speech-language; 
  4.16     (2) speech-language pathologist, S, SP, or SLP; 
  4.17     (3) speech pathologist; 
  4.18     (4) language pathologist; 
  4.19     (5) audiologist, A, or AUD; 
  4.20     (6) speech therapist; or 
  4.21     (7) speech clinician. 
  4.22     (c) (b) Use of the term "Minnesota registered licensed" in 
  4.23  conjunction with the titles protected under this section by any 
  4.24  person is prohibited unless that person is registered licensed 
  4.25  under sections 148.511 to 148.5196. 
  4.26     Subd. 3.  [EXEMPTION.] Nothing in sections 148.6401 to 
  4.27  148.6450 shall prohibit the practice of any profession or 
  4.28  occupation licensed, certified, or registered by the state by 
  4.29  any person duly licensed, certified, or registered to practice 
  4.30  the profession or occupation or to perform any act that falls 
  4.31  within the scope of practice of the profession or occupation. 
  4.32     Sec. 12.  Minnesota Statutes 2000, section 148.514, is 
  4.33  amended to read: 
  4.34     148.514 [GENERAL REGISTRATION LICENSURE REQUIREMENTS; 
  4.35  PROCEDURES AND QUALIFICATIONS.] 
  4.36     Subdivision 1.  [GENERAL REGISTRATION LICENSURE 
  5.1   PROCEDURES.] An applicant for registration licensure must:  
  5.2      (1) submit an application as required under section 
  5.3   148.519, subdivision 1; and 
  5.4      (2) submit all fees required under section 148.5194.  
  5.5      Subd. 2.  [GENERAL REGISTRATION LICENSURE QUALIFICATIONS.] 
  5.6   An applicant for registration licensure must possess the 
  5.7   qualifications required in one of the following clauses:  
  5.8      (1) a person who applies for registration licensure and 
  5.9   does not meet the requirements in clause (2) or (3), must meet 
  5.10  the requirements in section 148.515; 
  5.11     (2) a person who applies for registration licensure and who 
  5.12  has a current certificate of clinical competence issued by the 
  5.13  American Speech-Language-Hearing Association must meet the 
  5.14  requirements of section 148.516; or 
  5.15     (3) a person who applies for registration licensure by 
  5.16  reciprocity must meet the requirements under section 148.517.  
  5.17     Sec. 13.  Minnesota Statutes 2000, section 148.515, is 
  5.18  amended to read: 
  5.19     148.515 [QUALIFICATIONS FOR REGISTRATION LICENSURE.] 
  5.20     Subdivision 1.  [APPLICABILITY.] Except as provided in 
  5.21  section 148.516 or 148.517, an applicant must meet the 
  5.22  requirements in this section.  
  5.23     Subd. 2.  [MASTER'S OR DOCTORAL DEGREE REQUIRED.] (a) An 
  5.24  applicant must possess a master's or doctoral degree that meets 
  5.25  the requirements of paragraphs (b) to (h).  
  5.26     (b) All of the applicant's graduate coursework and clinical 
  5.27  practicum required in the professional area for which 
  5.28  registration licensure is sought must have been initiated and 
  5.29  completed at an institution whose program was accredited by the 
  5.30  educational standards board of the American 
  5.31  Speech-Language-Hearing Association in the area for 
  5.32  which registration licensure is sought.  
  5.33     (c) The master's degree training must include a minimum of 
  5.34  112.5 quarter credits or 75 semester credits or their equivalent 
  5.35  of academic coursework that includes basic science coursework 
  5.36  and professional coursework.  
  6.1      (d) Applicants for registration licensure in either 
  6.2   speech-language pathology or audiology must complete 40.5 
  6.3   quarter credits of the 112.5 quarter credits or 27 of the 75 
  6.4   semester credits or their equivalent in basic science 
  6.5   coursework, distributed as follows:  
  6.6      (1) nine quarter credits or six semester credits or their 
  6.7   equivalent must be in biological or physical sciences and 
  6.8   mathematics; 
  6.9      (2) nine quarter credits or six semester credits or their 
  6.10  equivalent must be in behavioral or social sciences, including 
  6.11  normal aspects of human behavior and communication; and 
  6.12     (3) 22.5 quarter credits or 15 semester credits or their 
  6.13  equivalent must be in basic human communication processes and 
  6.14  must include coursework in each of the following three areas of 
  6.15  speech, language, and hearing:  
  6.16     (i) the anatomic and physiologic bases; 
  6.17     (ii) the physical and psychophysical bases; and 
  6.18     (iii) the linguistic and psycholinguistic aspects.  
  6.19     (e) All applicants for registration licensure must complete 
  6.20  54 quarter credits of the 112.5 quarter credits or 36 semester 
  6.21  credits of the 75 semester credits or their equivalent in 
  6.22  professional coursework.  The coursework must include the 
  6.23  nature, prevention, evaluation, and treatment of speech, 
  6.24  language, and hearing disorders.  The coursework must encompass 
  6.25  courses in speech, language, and hearing that concern disorders 
  6.26  primarily affecting children as well as disorders primarily 
  6.27  affecting adults.  A minimum of 45 of the 54 quarter credits or 
  6.28  30 of the 36 semester credits or their equivalent must be 
  6.29  courses for which graduate credit was received.  A minimum of 
  6.30  31.5 of the 45 quarter credits or 21 of the 30 semester credits 
  6.31  must be in the professional area for which registration 
  6.32  licensure is sought.  
  6.33     (f) Applicants seeking registration licensure as 
  6.34  speech-language pathologists must complete the following 
  6.35  professional coursework: 
  6.36     (1) 45 quarter credits of the 54 quarter credits of the 
  7.1   professional coursework or 30 semester credits of the 36 
  7.2   semester credits of the professional coursework or their 
  7.3   equivalent must be in courses pertaining to speech-language 
  7.4   pathology and nine quarter credits of the 54 quarter credits or 
  7.5   six semester credits of the 36 semester credits or their 
  7.6   equivalent in courses in the area of audiology; and 
  7.7      (2) the 45 quarter credits or 30 semester credits or their 
  7.8   equivalent pertaining to speech-language pathology must include 
  7.9   at least nine quarter credits or six semester credits or their 
  7.10  equivalent in speech disorders and nine quarter credits or six 
  7.11  semester credits or their equivalent in language disorders.  The 
  7.12  nine quarter credits or six semester credits or their equivalent 
  7.13  in the area of audiology must include at least 4.5 quarter 
  7.14  credits or three semester credits or their equivalent in hearing 
  7.15  disorders and hearing evaluation and 4.5 quarter credits or 
  7.16  three semester credits or their equivalent in habilitative and 
  7.17  rehabilitative procedures.  
  7.18     (g) Applicants seeking registration licensure as an 
  7.19  audiologist must complete professional coursework as follows:  
  7.20     (1) 45 quarter credits of the 54 quarter credits or 30 
  7.21  semester credits of the 36 semester credits or their equivalent 
  7.22  of coursework must be in audiology.  At least nine quarter 
  7.23  credits of the 45 quarter credits or six semester credits of the 
  7.24  30 semester credits in audiology must be in hearing disorders 
  7.25  and hearing evaluation and at least nine quarter credits or six 
  7.26  semester credits or their equivalent must be in habilitative or 
  7.27  rehabilitative procedures with individuals who have hearing 
  7.28  impairment; and 
  7.29     (2) nine quarter credits of the 54 quarter credits or six 
  7.30  semester credits of the 36 semester credits or their equivalent 
  7.31  in the area of speech-language pathology.  At least 4.5 quarter 
  7.32  credits of the nine quarter credits or three semester credits of 
  7.33  the six semester credits must be in speech disorders and at 
  7.34  least 4.5 quarter credits of the nine quarter credits or three 
  7.35  semester credits of the six semester credits must be in language 
  7.36  disorders.  This coursework in speech-language pathology must 
  8.1   concern the nature, prevention, evaluation, and treatment of 
  8.2   speech and language disorders not associated with hearing 
  8.3   impairment.  
  8.4      (h) Of the professional coursework required in paragraphs 
  8.5   (f) and (g), no more than nine quarter credits or six semester 
  8.6   credits or their equivalent associated with clinical training 
  8.7   may be counted toward the minimum of 54 quarter credits or 36 
  8.8   semester credits or their equivalent of professional coursework. 
  8.9   However, those hours may not be used to satisfy the minimum of 
  8.10  nine quarter credits or six semester credit hours in hearing 
  8.11  disorders or evaluation, nine quarter credits or six semester 
  8.12  credits in habilitative or rehabilitative procedures, or nine 
  8.13  quarter credits or six semester credits in speech-language 
  8.14  pathology.  
  8.15     Subd. 3.  [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An 
  8.16  applicant must complete at least 375 hours of supervised 
  8.17  clinical training as a student that meets the requirements of 
  8.18  paragraphs (b) to (f).  
  8.19     (b) The supervised clinical training must be provided by 
  8.20  the educational institution or by one of its cooperating 
  8.21  programs.  
  8.22     (c) The first 25 hours of the supervised clinical training 
  8.23  must be spent in clinical observation.  Those 25 hours must 
  8.24  concern the evaluation and treatment of children and adults with 
  8.25  disorders of speech, language, or hearing.  
  8.26     (d) All applicants must complete at least 350 hours of 
  8.27  supervised clinical training that concern the evaluation and 
  8.28  treatment of children and adults with disorders of speech, 
  8.29  language, and hearing.  At least 250 of the 350 hours must be at 
  8.30  the graduate level in the area in which registration licensure 
  8.31  is sought.  At least 50 hours must be spent in each of three 
  8.32  types of clinical settings including, but not limited to, 
  8.33  university clinics, hospitals, private clinics, and schools, 
  8.34  including secondary and elementary.  
  8.35     (e) An applicant seeking registration licensure as a 
  8.36  speech-language pathologist must: 
  9.1      (1) obtain 250 of the 350 supervised hours in 
  9.2   speech-language pathology; 
  9.3      (2) complete a minimum of 20 hours of the 250 hours in each 
  9.4   of the following eight categories: 
  9.5      (i) evaluation:  speech disorders in children; 
  9.6      (ii) evaluation:  speech disorders in adults; 
  9.7      (iii) evaluation:  language disorders in children; 
  9.8      (iv) evaluation:  language disorders in adults; 
  9.9      (v) treatment:  speech disorders in children; 
  9.10     (vi) treatment:  speech disorders in adults; 
  9.11     (vii) treatment:  language disorders in children; and 
  9.12     (viii) treatment:  language disorders in adults; 
  9.13     (3) complete a minimum of 20 of the 350 hours in audiology; 
  9.14  and 
  9.15     (4) obtain no more than 20 hours in the major professional 
  9.16  area that are in related disorders.  
  9.17     (f) An applicant seeking registration licensure as an 
  9.18  audiologist must: 
  9.19     (1) obtain 250 of the 350 hours in audiology; 
  9.20     (2) complete a minimum of 40 of the 250 hours in each of 
  9.21  the first two of the following categories, complete at least 80 
  9.22  hours in categories (iii) and (iv), with at least ten hours in 
  9.23  each of categories (i) to (iv), and complete at least 20 hours 
  9.24  in category (v): 
  9.25     (i) evaluation:  hearing in children; 
  9.26     (ii) evaluation:  hearing in adults; 
  9.27     (iii) selection and use:  amplification and assistive 
  9.28  devices for children; 
  9.29     (iv) selection and use:  amplification and assistive 
  9.30  devices for adults; and 
  9.31     (v) treatment:  hearing disorders in children and adults; 
  9.32     (3) complete a minimum of 20 of the 350 hours in 
  9.33  speech-language pathology; and 
  9.34     (4) obtain no more than 20 hours in the major professional 
  9.35  area that are in related disorders.  
  9.36     Subd. 4.  [SUPERVISED POSTGRADUATE CLINICAL EXPERIENCE 
 10.1   REQUIRED.] (a) An applicant must complete no less than nine 
 10.2   months or its equivalent of full-time supervised postgraduate 
 10.3   clinical experience according to paragraphs (b) to (h).  
 10.4      (b) Supervision in the postgraduate clinical experience 
 10.5   includes both on-site observation and other monitoring 
 10.6   activities.  On-site observation must involve the supervisor, 
 10.7   the supervisee, and the client receiving speech-language 
 10.8   pathology or audiology services.  On-site observation must 
 10.9   include direct observation by the supervisor of treatment given 
 10.10  by the supervisee.  Other monitoring activities may be executed 
 10.11  by correspondence and include, but are not limited to, 
 10.12  conferences with the supervisee, evaluation of written reports, 
 10.13  and evaluations by professional colleagues.  Other monitoring 
 10.14  activities do not include the client receiving speech-language 
 10.15  pathology or audiology services but must involve direct or 
 10.16  indirect evaluative contact by the supervisor of the supervisee. 
 10.17     (c) The applicant must, as part of the postgraduate 
 10.18  clinical experience, be supervised by an individual who meets 
 10.19  the definition of section 148.512, subdivision 20, and:  
 10.20     (1) when registration licensure as a speech-language 
 10.21  pathologist is sought, is a registered licensed speech-language 
 10.22  pathologist or hold a current certificate of clinical competence 
 10.23  in speech-language pathology from the American 
 10.24  Speech-Language-Hearing Association; and 
 10.25     (2) when registration licensure as an audiologist is 
 10.26  sought, is a registered licensed audiologist or hold a current 
 10.27  certificate of clinical competence in audiology from the 
 10.28  American Speech-Language-Hearing Association. 
 10.29     (d) The applicant may not begin the postgraduate clinical 
 10.30  experience until the applicant has completed the academic 
 10.31  coursework and clinical training in subdivisions 2 and 3. 
 10.32     (e) To be considered full time, at least 30 hours per week 
 10.33  must be spent over a nine-month period in clinical work.  
 10.34  Equivalent time periods may include part-time professional 
 10.35  employment as follows:  
 10.36     (1) 12 months of at least 25 hours per week; 
 11.1      (2) 15 months of at least 20 hours per week; or 
 11.2      (3) 18 months of at least 15 hours per week.  
 11.3      (f) The applicant's postgraduate clinical experience must 
 11.4   include direct clinical experience with patients, consultations, 
 11.5   report writing, recordkeeping, or other duties relevant to 
 11.6   clinical work.  A minimum of 80 percent of the clinical 
 11.7   experience must be in direct contact with persons who have 
 11.8   communication handicaps.  If the applicant uses part-time 
 11.9   employment to fulfill the postgraduate clinical experience 
 11.10  requirement, all of the minimum required hours of the part-time 
 11.11  work week requirement must be spent in direct professional 
 11.12  experience.  
 11.13     (g) The applicant must complete the postgraduate clinical 
 11.14  experience within a maximum of 36 consecutive months and must be 
 11.15  supervised in no less than 36 activities, including 18 one-hour 
 11.16  on-site observations.  A maximum of six hours can be accrued in 
 11.17  one day.  A minimum of six one-hour on-site observations must be 
 11.18  accrued during each one-third of the experience.  
 11.19     (h) The applicant must complete 18 other monitored 
 11.20  activities and complete at least one monitored activity each 
 11.21  month of the postgraduate clinical experience.  Alternatives to 
 11.22  on-site observation and monitoring activities include activities 
 11.23  supervised by correspondence, evaluation of written reports, and 
 11.24  evaluations by professional colleagues.  
 11.25     Subd. 5.  [QUALIFYING EXAMINATION SCORE REQUIRED.] (a) An 
 11.26  applicant must achieve a qualifying score on the National 
 11.27  Examination in Speech-Language Pathology or Audiology (NESPA), 
 11.28  administered by NTE Programs, Educational Testing Service.  
 11.29     (b) The commissioner shall determine the qualifying scores 
 11.30  for both the speech-language pathology and audiology 
 11.31  examinations based on guidelines provided by the advisory 
 11.32  council or the American Speech-Language-Hearing Association.  
 11.33     (c) The applicant is responsible for:  
 11.34     (1) making arrangements to take the examination described 
 11.35  in this subdivision; 
 11.36     (2) bearing all expenses associated with taking the 
 12.1   examination; 
 12.2      (3) having the examination scores sent directly to the 
 12.3   commissioner from the Educational Testing Service; and 
 12.4      (4) including a copy of the scores along with the original 
 12.5   registration license application.  
 12.6      (d) The applicant must receive a qualifying score on the 
 12.7   examination within three years after the applicant applies for 
 12.8   registration licensure under section 148.519.  If the applicant 
 12.9   does not receive a qualifying score on the examination within 
 12.10  three years after the applicant applies for registration 
 12.11  licensure, the applicant may apply to the commissioner in 
 12.12  writing for consideration to submit a new application 
 12.13  for registration licensure under section 148.519. 
 12.14     Sec. 14.  Minnesota Statutes 2000, section 148.516, is 
 12.15  amended to read: 
 12.16     148.516 [REGISTRATION LICENSURE BY EQUIVALENCY.] 
 12.17     An applicant who applies for registration licensure by 
 12.18  equivalency must show evidence of possessing a current 
 12.19  certificate of clinical competence issued by the American 
 12.20  Speech-Language-Hearing Association and must meet the 
 12.21  requirements of section 148.514. 
 12.22     Sec. 15.  Minnesota Statutes 2000, section 148.5161, is 
 12.23  amended to read: 
 12.24     148.5161 [TEMPORARY REGISTRATION LICENSURE.] 
 12.25     Subdivision 1.  [APPLICATION.] The commissioner shall issue 
 12.26  temporary registration licensure as a speech-language 
 12.27  pathologist or audiologist to an applicant who has applied for 
 12.28  registration licensure under section 148.515, who is not the 
 12.29  subject of a disciplinary action or past disciplinary action, 
 12.30  and who has not violated a provision of section 148.5195, 
 12.31  subdivision 3.  
 12.32     Subd. 2.  [PROCEDURES.] To be eligible for temporary 
 12.33  registration licensure, an applicant must submit an application 
 12.34  form provided by the commissioner, the fees required by section 
 12.35  148.5194, and evidence of successful completion of the 
 12.36  requirements in section 148.515, subdivisions 2 and 3.  
 13.1      Subd. 3.  [SUPERVISION REQUIRED.] (a) A temporary 
 13.2   registrant licensee must practice under the supervision of an 
 13.3   individual who meets the requirements of section 148.512, 
 13.4   subdivision 20.  Supervision must conform to the requirements in 
 13.5   paragraphs (b) to (g). 
 13.6      (b) Supervision must include both on-site observation and 
 13.7   other monitoring activities.  On-site observation must involve 
 13.8   the supervisor, the supervisee, and the client receiving 
 13.9   speech-language pathology or audiology services and must include 
 13.10  direct observation by the supervisor of treatment given by the 
 13.11  supervisee.  Other monitoring activities must involve direct or 
 13.12  indirect evaluative contact by the supervisor of the supervisee, 
 13.13  may be executed by correspondence, and may include, but are not 
 13.14  limited to, conferences with the supervisee, evaluation of 
 13.15  written reports, and evaluations by professional colleagues.  
 13.16  Other monitoring activities do not include the client receiving 
 13.17  speech-language pathology or audiology services. 
 13.18     (c) The temporary registrant licensee must be supervised by 
 13.19  an individual who meets the definition of section 148.512, 
 13.20  subdivision 20, and:  
 13.21     (1) when the temporary registrant licensee is a 
 13.22  speech-language pathologist, is a registered licensed 
 13.23  speech-language pathologist, or holds a current certificate of 
 13.24  clinical competence in speech-language pathology from the 
 13.25  American Speech-Language-Hearing Association; and 
 13.26     (2) when the temporary registrant licensee is an 
 13.27  audiologist, is a registered licensed audiologist, or holds a 
 13.28  current certificate of clinical competence in audiology from the 
 13.29  American Speech-Language-Hearing Association.  
 13.30     (d) Temporary registration licensure shall not be granted 
 13.31  until the applicant has completed the academic coursework and 
 13.32  clinical training in section 148.515, subdivisions 2 and 3.  
 13.33     (e) The temporary registrant licensee must be supervised in 
 13.34  no less than 36 activities, including 18 one-hour on-site 
 13.35  observations.  A maximum of six hours may be accrued in one 
 13.36  day.  A minimum of six one-hour on-site observations must be 
 14.1   accrued during each one-third of the experience.  
 14.2      (f) The temporary registrant licensee must complete 18 
 14.3   other monitored activities and complete at least one monitored 
 14.4   activity each month.  
 14.5      (g) The temporary registrant licensee must provide 
 14.6   verification of supervision on the application form provided by 
 14.7   the commissioner. 
 14.8      Subd. 4.  [EXPIRATION OF TEMPORARY REGISTRATION LICENSURE.] 
 14.9   A temporary registration license issued to a person pursuant to 
 14.10  subdivision 2 expires 18 months after issuance or on the date 
 14.11  the commissioner grants or denies registration licensure, 
 14.12  whichever occurs first.  Upon application, a 
 14.13  temporary registration license shall be renewed once to persons 
 14.14  who have not met the supervised postgraduate clinical experience 
 14.15  requirement under section 148.515, subdivision 4, within the 
 14.16  initial temporary registration licensure period and meet the 
 14.17  requirements of subdivision 1. 
 14.18     Subd. 5.  [TITLE USED.] A temporary registrant licensee 
 14.19  shall be identified by one of the protected titles and a 
 14.20  designation indicating clinical fellowship status. 
 14.21     Sec. 16.  Minnesota Statutes 2000, section 148.517, is 
 14.22  amended to read: 
 14.23     148.517 [REGISTRATION LICENSURE BY RECIPROCITY.] 
 14.24     Subdivision 1.  [APPLICABILITY.] An applicant who applies 
 14.25  for registration licensure as a speech-language pathologist or 
 14.26  audiologist by reciprocity must meet the requirements of 
 14.27  subdivisions 2 and 3.  
 14.28     Subd. 2.  [CURRENT CREDENTIALS REQUIRED.] An applicant 
 14.29  applying for registration licensure by reciprocity must provide 
 14.30  evidence to the commissioner that the applicant holds a current 
 14.31  and unrestricted credential for the practice of speech-language 
 14.32  pathology or audiology in another jurisdiction that has 
 14.33  requirements equivalent to or higher than those in effect for 
 14.34  determining whether an applicant in this state is qualified to 
 14.35  be registered licensed as a speech-language pathologist or 
 14.36  audiologist.  An applicant who provides sufficient evidence need 
 15.1   not meet the requirements of section 148.515, provided that the 
 15.2   applicant otherwise meets all other requirements of section 
 15.3   148.514. 
 15.4      Subd. 3.  [VERIFICATION OF CREDENTIALS REQUIRED.] An 
 15.5   applicant for registration licensure by reciprocity under 
 15.6   subdivision 2, must have the appropriate government body in each 
 15.7   jurisdiction in which the applicant holds a credential submit 
 15.8   letters of verification to the commissioner.  Each letter must 
 15.9   state the applicant's name, date of birth, credential number, 
 15.10  date of issuance, a statement regarding disciplinary actions, if 
 15.11  any, taken against the applicant, and the terms under which the 
 15.12  credential was issued.  
 15.13     Subd. 4.  [TEMPORARY REGISTRATION LICENSURE.] (a) The 
 15.14  commissioner shall issue temporary registration licensure as a 
 15.15  speech-language pathologist, an audiologist, or both, to an 
 15.16  applicant who has applied for registration licensure under this 
 15.17  section and who: 
 15.18     (1) submits a signed and dated affidavit stating that the 
 15.19  applicant is not the subject of a disciplinary action or past 
 15.20  disciplinary action in this or another jurisdiction and is not 
 15.21  disqualified on the basis of section 148.5195, subdivision 3; 
 15.22  and 
 15.23     (2) either: 
 15.24     (i) provides a copy of a current credential as a 
 15.25  speech-language pathologist, an audiologist, or both, held in 
 15.26  the District of Columbia or a state or territory of the United 
 15.27  States; or 
 15.28     (ii) provides a copy of a current certificate of clinical 
 15.29  competence issued by the American Speech-Language-Hearing 
 15.30  Association or its equivalent. 
 15.31     (b) A temporary registration license issued to a person 
 15.32  under this subdivision expires 90 days after it is issued or on 
 15.33  the date the commissioner grants or denies registration 
 15.34  licensure, whichever occurs first.  
 15.35     (c) Upon application, a temporary registration license 
 15.36  shall be renewed once to a person who is able to demonstrate 
 16.1   good cause for failure to meet the requirements for registration 
 16.2   licensure within the initial temporary registration licensure 
 16.3   period and who is not the subject of a disciplinary action or 
 16.4   disqualified on the basis of section 148.5195, subdivision 3. 
 16.5      Sec. 17.  Minnesota Statutes 2000, section 148.518, is 
 16.6   amended to read: 
 16.7      148.518 [REGISTRATION LICENSURE FOLLOWING LAPSE OF 
 16.8   REGISTERED LICENSURE STATUS.] 
 16.9      Subdivision 1.  [LAPSE OF THREE YEARS OR LESS.] For an 
 16.10  applicant whose registered licensure status has lapsed for three 
 16.11  years or less, the applicant must:  
 16.12     (1) apply for registration license renewal according to 
 16.13  section 148.5191 and document compliance with the continuing 
 16.14  education requirements of section 148.5193 since the applicant's 
 16.15  registration license lapsed; or 
 16.16     (2) fulfill the requirements of section 148.517. 
 16.17     Subd. 2.  [LAPSE OF MORE THAN THREE YEARS.] For an 
 16.18  applicant whose registered licensure status has lapsed for more 
 16.19  than three years, the applicant must:  
 16.20     (1) apply for registration licensure renewal according to 
 16.21  section 148.5191 and obtain a qualifying score on the 
 16.22  examination described in section 148.515, subdivision 5, within 
 16.23  one year of the application date for registration licensure 
 16.24  renewal; 
 16.25     (2) apply for renewal according to section 148.5191, 
 16.26  provide evidence to the commissioner that the applicant holds a 
 16.27  current and unrestricted credential for the practice of 
 16.28  speech-language pathology from the Minnesota board of teaching 
 16.29  or for the practice of speech-language pathology or audiology in 
 16.30  another jurisdiction that has requirements equivalent to or 
 16.31  higher than those in effect for Minnesota and provide evidence 
 16.32  of compliance with Minnesota board of teaching or that 
 16.33  jurisdiction's continuing education requirements; 
 16.34     (3) apply for renewal according to section 148.5191 and 
 16.35  submit documentation of having completed a combination of 
 16.36  speech-language pathology or audiology courses or a 
 17.1   speech-language pathology or audiology refresher program that 
 17.2   contains both a theoretical and clinical component preapproved 
 17.3   or approved by the commissioner.  Only courses completed within 
 17.4   one year preceding the date of the application or one year after 
 17.5   the date of the application will qualify for approval; or 
 17.6      (4) apply for renewal according to section 148.5191 and 
 17.7   submit proof of successful completion and verified documentation 
 17.8   of 160 hours of supervised practice approved by the 
 17.9   commissioner.  To participate in a supervised practice, the 
 17.10  applicant shall first apply and obtain temporary 
 17.11  registration licensure according to section 148.5161. 
 17.12     Sec. 18.  Minnesota Statutes 2000, section 148.519, is 
 17.13  amended to read: 
 17.14     148.519 [REGISTRATION LICENSURE PROCEDURES.] 
 17.15     Subdivision 1.  [APPLICATIONS FOR REGISTRATION LICENSURE.] 
 17.16  An applicant for registration licensure must: 
 17.17     (1) submit a completed application for registration 
 17.18  licensure on forms provided by the commissioner.  The 
 17.19  application must include the applicant's name, certification 
 17.20  number under chapter 153A, if applicable, business address and 
 17.21  telephone number, or home address and telephone number if the 
 17.22  applicant practices speech-language pathology or audiology out 
 17.23  of the home, and a description of the applicant's education, 
 17.24  training, and experience, including previous work history for 
 17.25  the five years immediately preceding the date of application.  
 17.26  The commissioner may ask the applicant to provide additional 
 17.27  information necessary to clarify information submitted in the 
 17.28  application; 
 17.29     (2) submit a transcript showing the completion of a 
 17.30  master's degree or its equivalent meeting the requirements of 
 17.31  section 148.515, subdivision 2; 
 17.32     (3) submit documentation of the required hours of 
 17.33  supervised clinical training meeting the requirements of section 
 17.34  148.515, subdivision 3; 
 17.35     (4) submit documentation of the postgraduate clinical 
 17.36  experience meeting the requirements of section 148.515, 
 18.1   subdivision 4; 
 18.2      (5) submit documentation of receiving a qualifying score on 
 18.3   an examination meeting the requirements of section 148.515, 
 18.4   subdivision 5; 
 18.5      (6) sign a statement that the information in the 
 18.6   application is true and correct to the best of the applicant's 
 18.7   knowledge and belief; 
 18.8      (7) submit with the application all fees required by 
 18.9   section 148.5194; and 
 18.10     (8) sign a waiver authorizing the commissioner to obtain 
 18.11  access to the applicant's records in this or any other state in 
 18.12  which the applicant has engaged in the practice of 
 18.13  speech-language pathology or audiology.  
 18.14     Subd. 2.  [ACTION ON APPLICATIONS FOR REGISTRATION 
 18.15  LICENSURE.] (a) The commissioner shall act on an application for 
 18.16  registration licensure according to paragraphs (b) to (d).  
 18.17     (b) The commissioner shall determine if the applicant meets 
 18.18  the requirements for registration licensure.  The commissioner 
 18.19  or advisory council may investigate information provided by an 
 18.20  applicant to determine whether the information is accurate and 
 18.21  complete.  
 18.22     (c) The commissioner shall notify an applicant of action 
 18.23  taken on the application and of the grounds for denying 
 18.24  registration licensure if registration licensure is denied.  
 18.25     (d) An applicant denied registration licensure may make a 
 18.26  written request to the commissioner, within 30 days of the date 
 18.27  of notification to the applicant, to appear before the advisory 
 18.28  council and for the advisory council to review the 
 18.29  commissioner's decision to deny the applicant's 
 18.30  registration license.  After reviewing the denial, the advisory 
 18.31  council shall make a recommendation to the commissioner as to 
 18.32  whether the denial should be affirmed.  An applicant is allowed 
 18.33  no more than one request for a review of denial of registration 
 18.34  licensure in any one registration licensure renewal period.  
 18.35     Sec. 19.  Minnesota Statutes 2000, section 148.5191, is 
 18.36  amended to read: 
 19.1      148.5191 [REGISTRATION LICENSURE RENEWAL.] 
 19.2      Subdivision 1.  [RENEWAL REQUIREMENTS.] To renew 
 19.3   registration licensure, an applicant must:  
 19.4      (1) biennially complete a renewal application on a form 
 19.5   provided by the commissioner and submit the biennial renewal 
 19.6   fee; 
 19.7      (2) meet the continuing education requirements of section 
 19.8   148.5193 and submit evidence of attending continuing education 
 19.9   courses, as required in section 148.5193, subdivision 6; and 
 19.10     (3) submit additional information if requested by the 
 19.11  commissioner to clarify information presented in the renewal 
 19.12  application.  The information must be submitted within 30 days 
 19.13  after the commissioner's request.  
 19.14     Subd. 2.  [LATE FEE.] An application submitted after the 
 19.15  renewal deadline date must be accompanied by a late fee as 
 19.16  provided in section 148.5194, subdivision 4.  
 19.17     Subd. 3.  [REGISTRATION LICENSURE RENEWAL NOTICE.] 
 19.18  Registration Licensure renewal is on a biennial basis.  At least 
 19.19  60 days before the registration licensure expiration date, the 
 19.20  commissioner shall send out a renewal notice to the registrant's 
 19.21  licensee's last known address.  The notice shall include a 
 19.22  renewal application and notice of fees required for renewal.  If 
 19.23  the registrant licensee does not receive the renewal notice, the 
 19.24  registrant licensee is still required to meet the deadline for 
 19.25  renewal to qualify for continuous registered licensure status. 
 19.26     Subd. 4.  [RENEWAL DEADLINE.] Each registration certificate 
 19.27  license, including a temporary registration certificate license 
 19.28  provided under section 148.5161, must state an expiration date.  
 19.29  An application for registration licensure renewal must be 
 19.30  received by the department of health or postmarked at least 30 
 19.31  days before the expiration date.  If the postmark is illegible, 
 19.32  the application shall be considered timely if received at least 
 19.33  21 days before the expiration date.  
 19.34     When the commissioner establishes the renewal schedule for 
 19.35  an applicant, registrant licensee, or temporary registrant 
 19.36  licensee, if the period before the expiration date is less than 
 20.1   two years, the fee shall be prorated. 
 20.2      Sec. 20.  Minnesota Statutes 2000, section 148.5193, 
 20.3   subdivision 1, is amended to read: 
 20.4      Subdivision 1.  [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 
 20.5   applicant for registration licensure renewal must meet the 
 20.6   requirements for continuing education according to paragraphs 
 20.7   (b) to (e).  
 20.8      (b) An applicant for registration licensure renewal as 
 20.9   either a speech-language pathologist or an audiologist must 
 20.10  provide evidence to the commissioner of a minimum of 30 contact 
 20.11  hours of continuing education offered by a continuing education 
 20.12  sponsor within the two years immediately preceding registration 
 20.13  licensure renewal.  A minimum of 20 contact hours of continuing 
 20.14  education must be directly related to the registrant's 
 20.15  licensee's area of registration licensure.  Ten contact hours of 
 20.16  continuing education may be in areas generally related to 
 20.17  the registrant's licensee's area of registration licensure.  
 20.18     (c) An applicant for registration licensure renewal as both 
 20.19  a speech-language pathologist and an audiologist must attest to 
 20.20  and document completion of a minimum of 36 contact hours of 
 20.21  continuing education offered by a continuing education sponsor 
 20.22  within the two years immediately preceding registration 
 20.23  licensure renewal.  A minimum of 15 contact hours must be 
 20.24  received in the area of speech-language pathology and a minimum 
 20.25  of 15 contact hours must be received in the area of audiology.  
 20.26  Six contact hours of continuing education may be in areas 
 20.27  generally related to the registrant's licensee's areas 
 20.28  of registration licensure.  
 20.29     (d) If the registrant licensee is licensed by the board of 
 20.30  teaching: 
 20.31     (1) activities that are approved in the categories of 
 20.32  Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 
 20.33  that relate to speech-language pathology, shall be considered: 
 20.34     (i) offered by a sponsor of continuing education; and 
 20.35     (ii) directly related to speech-language pathology; 
 20.36     (2) activities that are approved in the categories of 
 21.1   Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 
 21.2      (i) offered by a sponsor of continuing education; and 
 21.3      (ii) generally related to speech-language pathology; and 
 21.4      (3) one clock hour as defined in Minnesota Rules, part 
 21.5   8700.1000, subpart 1, is equivalent to 1.2 contact hours of 
 21.6   continuing education.  
 21.7      (e) Contact hours cannot be accumulated in advance and 
 21.8   transferred to a future continuing education period.  
 21.9      Sec. 21.  Minnesota Statutes 2000, section 148.5193, 
 21.10  subdivision 4, is amended to read: 
 21.11     Subd. 4.  [EARNING CONTINUING EDUCATION CONTACT HOURS 
 21.12  THROUGH CONTACT HOUR EQUIVALENTS.] (a) A registrant licensee who 
 21.13  teaches continuing education courses may obtain contact hour 
 21.14  equivalents according to paragraphs (b) to (d). 
 21.15     (b) The sponsor of the course must meet the requirements of 
 21.16  subdivision 2.  
 21.17     (c) A registrant licensee may not obtain more than six 
 21.18  contact hours in any two-year continuing education period by 
 21.19  teaching continuing education courses.  
 21.20     (d) A registrant licensee may obtain two contact hours for 
 21.21  each hour spent teaching a course.  Contact hours may be claimed 
 21.22  only once for teaching the same course in any two-year 
 21.23  continuing education period.  
 21.24     Sec. 22.  Minnesota Statutes 2000, section 148.5193, 
 21.25  subdivision 6, is amended to read: 
 21.26     Subd. 6.  [RECORDS OF ATTENDANCE.] (a) A registrant 
 21.27  licensee must maintain for four years records of attending the 
 21.28  continuing education contact hours required for registration 
 21.29  licensure renewal.  
 21.30     (b) An applicant for registration licensure renewal must 
 21.31  submit the following information on a form provided by the 
 21.32  commissioner:  the sponsoring organization, the dates of the 
 21.33  course, the course name, the number of contact hours completed, 
 21.34  and the name and signature of the registrant licensee.  The form 
 21.35  must be submitted with the renewal application under section 
 21.36  148.5191, subdivision 1.  
 22.1      Sec. 23.  Minnesota Statutes 2000, section 148.5193, 
 22.2   subdivision 6a, is amended to read: 
 22.3      Subd. 6a.  [VERIFICATION OF ATTENDANCE.] An applicant 
 22.4   for registration licensure renewal must submit verification of 
 22.5   attendance as follows: 
 22.6      (1) a certificate of attendance from the sponsor with the 
 22.7   continuing education course name, course date, and 
 22.8   registrant's licensee's name; 
 22.9      (2) a copy of a record of attendance from the sponsor of 
 22.10  the continuing education course; 
 22.11     (3) a signature of the presenter or a designee at the 
 22.12  continuing education activity on the continuing education report 
 22.13  form; 
 22.14     (4) a summary or outline of the educational content of an 
 22.15  audio or video educational activity if a designee is not 
 22.16  available to sign the continuing education report form; 
 22.17     (5) for self-study programs, a certificate of completion or 
 22.18  other documentation indicating that the individual has 
 22.19  demonstrated knowledge and has successfully completed the 
 22.20  program; and 
 22.21     (6) for attendance at a university, college, or vocational 
 22.22  course, an official transcript. 
 22.23     Sec. 24.  Minnesota Statutes 2000, section 148.5193, 
 22.24  subdivision 7, is amended to read: 
 22.25     Subd. 7.  [VERIFICATION OF CONTINUING EDUCATION REPORTS.] 
 22.26  The commissioner may request a registrant licensee or continuing 
 22.27  education sponsor to verify the continuing education to which 
 22.28  the registrant licensee attested.  Documentation may come 
 22.29  directly from the registrant licensee, the continuing education 
 22.30  sponsor, or from a national accrediting or certifying 
 22.31  organization which maintains the records.  
 22.32     Sec. 25.  Minnesota Statutes 2000, section 148.5193, 
 22.33  subdivision 8, is amended to read: 
 22.34     Subd. 8.  [WAIVER OF CONTINUING EDUCATION REQUIREMENTS.] 
 22.35  The commissioner may grant a waiver of the requirements of this 
 22.36  section in cases where the requirements would impose an undue 
 23.1   burden on the registrant licensee.  A registrant licensee must 
 23.2   request in writing a waiver of the requirements of this 
 23.3   section.  The request for a waiver must cite this section, the 
 23.4   reasons for requesting the waiver, the period of time 
 23.5   the registrant licensee wishes to have the continuing education 
 23.6   requirement waived, and the alternative measures that will be 
 23.7   taken if a waiver is granted.  The commissioner shall set forth, 
 23.8   in writing, the reasons for granting or denying the waiver.  
 23.9   Waivers granted by the commissioner shall specify in writing the 
 23.10  time limitation and required alternative measures to be taken by 
 23.11  the registrant licensee. 
 23.12     Sec. 26.  Minnesota Statutes 2000, section 148.5194, is 
 23.13  amended to read: 
 23.14     148.5194 [FEES.] 
 23.15     Subdivision 1.  [FEE PRORATION.] The commissioner shall 
 23.16  prorate the registration licensure fee for first time 
 23.17  registrants licensees according to the number of months that 
 23.18  have elapsed between the date registration the license is issued 
 23.19  and the date registration the license must be renewed under 
 23.20  section 148.5191, subdivision 4.  
 23.21     Subd. 2.  [BIENNIAL REGISTRATION LICENSURE FEE.] The fee 
 23.22  for initial registration licensure and biennial 
 23.23  registration licensure, temporary registration licensure, or 
 23.24  renewal is $200.  
 23.25     Subd. 3.  [BIENNIAL REGISTRATION LICENSURE FEE FOR DUAL 
 23.26  REGISTRATION LICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST AND 
 23.27  AUDIOLOGIST.] The fee for initial registration licensure and 
 23.28  biennial registration licensure, temporary registration 
 23.29  licensure, or renewal is $200.  
 23.30     Subd. 3a.  [SURCHARGE FEE.] Notwithstanding section 
 23.31  16A.1285, subdivision 2, for a period of four years following 
 23.32  July 1, 1999, an applicant for registration licensure or 
 23.33  registration licensure renewal must pay a surcharge fee of $25 
 23.34  in addition to any other fees due upon registration licensure or 
 23.35  registration licensure renewal.  This subdivision expires June 
 23.36  30, 2003. 
 24.1      Subd. 4.  [PENALTY FEE FOR LATE RENEWALS.] The penalty fee 
 24.2   for late submission of a renewal application is $45.  
 24.3      Subd. 5.  [NONREFUNDABLE FEES.] All fees are nonrefundable. 
 24.4      Sec. 27.  Minnesota Statutes 2000, section 148.5195, 
 24.5   subdivision 2, is amended to read: 
 24.6      Subd. 2.  [RIGHTS OF APPLICANTS AND REGISTRANTS LICENSEES.] 
 24.7   The rights of an applicant denied registration licensure are 
 24.8   stated in section 148.519, subdivision 2, paragraph (d).  
 24.9   A registrant licensee shall not be subjected to disciplinary 
 24.10  action under this section without first having an opportunity 
 24.11  for a contested case hearing under chapter 14.  
 24.12     Sec. 28.  Minnesota Statutes 2000, section 148.5195, 
 24.13  subdivision 4, is amended to read: 
 24.14     Subd. 4.  [DISCIPLINARY ACTIONS.] If the commissioner finds 
 24.15  that an individual should be disciplined according to 
 24.16  subdivision 3, the commissioner may take any one or more of the 
 24.17  following actions:  
 24.18     (1) refuse to grant or renew registration licensure; 
 24.19     (2) suspend registration licensure for a period not 
 24.20  exceeding one year; 
 24.21     (3) revoke registration licensure; or 
 24.22     (4) take any reasonable lesser action against an individual 
 24.23  upon proof that the individual has violated sections 148.511 to 
 24.24  148.5196.  
 24.25     Sec. 29.  Minnesota Statutes 2000, section 148.5195, 
 24.26  subdivision 5, is amended to read: 
 24.27     Subd. 5.  [CONSEQUENCES OF DISCIPLINARY ACTIONS.] Upon the 
 24.28  suspension or revocation of registration licensure, the 
 24.29  speech-language pathologist or audiologist shall cease to 
 24.30  practice speech-language pathology or audiology, to use titles 
 24.31  protected under sections 148.511 to 148.5196, and shall cease to 
 24.32  represent to the public that the speech-language pathologist or 
 24.33  audiologist is registered licensed by the commissioner.  
 24.34     Sec. 30.  Minnesota Statutes 2000, section 148.5195, 
 24.35  subdivision 6, is amended to read: 
 24.36     Subd. 6.  [REINSTATEMENT REQUIREMENTS AFTER DISCIPLINARY 
 25.1   ACTION.] A speech-language pathologist or audiologist who has 
 25.2   had registration licensure suspended may petition on forms 
 25.3   provided by the commissioner for reinstatement following the 
 25.4   period of suspension specified by the commissioner.  The 
 25.5   requirements of section 148.5191 for renewing registration 
 25.6   licensure must be met before registration licensure may be 
 25.7   reinstated.  
 25.8      Sec. 31.  Minnesota Statutes 2000, section 148.5196, is 
 25.9   amended to read: 
 25.10     148.5196 [SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST 
 25.11  ADVISORY COUNCIL.] 
 25.12     Subdivision 1.  [MEMBERSHIP.] The commissioner shall 
 25.13  appoint seven persons to a speech-language pathologist and 
 25.14  audiologist advisory council.  The seven persons must include: 
 25.15     (1) two public members, as defined in section 214.02.  The 
 25.16  public members shall be either persons receiving services of a 
 25.17  speech-language pathologist or audiologist, or family members of 
 25.18  or caregivers to such persons; 
 25.19     (2) two speech-language pathologists registered licensed 
 25.20  under sections 148.511 to 148.5196, one of whom is currently and 
 25.21  has been, for the five years immediately preceding the 
 25.22  appointment, engaged in the practice of speech-language 
 25.23  pathology in Minnesota and each of whom is employed in a 
 25.24  different employment setting including, but not limited to, 
 25.25  private practice, hospitals, rehabilitation settings, 
 25.26  educational settings, and government agencies; 
 25.27     (3) one speech-language pathologist registered licensed 
 25.28  under sections 148.511 to 148.5196, who is currently and has 
 25.29  been, for the five years immediately preceding the appointment, 
 25.30  employed by a Minnesota public school district or a Minnesota 
 25.31  public school district consortium that is authorized by 
 25.32  Minnesota Statutes and who is licensed in communication 
 25.33  disorders by the Minnesota board of teaching; and 
 25.34     (4) two audiologists registered licensed under sections 
 25.35  148.511 to 148.5196, one of whom is currently and has been, for 
 25.36  the five years immediately preceding the appointment, engaged in 
 26.1   the practice of audiology in Minnesota and each of whom is 
 26.2   employed in a different employment setting including, but not 
 26.3   limited to, private practice, hospitals, rehabilitation 
 26.4   settings, educational settings, industry, and government 
 26.5   agencies.  
 26.6      Subd. 2.  [ORGANIZATION.] The advisory council shall be 
 26.7   organized and administered under section 15.059.  
 26.8      Subd. 3.  [DUTIES.] The advisory council shall:  
 26.9      (1) advise the commissioner regarding speech-language 
 26.10  pathologist and audiologist registration licensure standards; 
 26.11     (2) advise the commissioner on enforcement of sections 
 26.12  148.511 to 148.5196; 
 26.13     (3) provide for distribution of information regarding 
 26.14  speech-language pathologist and audiologist registration 
 26.15  licensure standards; 
 26.16     (4) review applications and make recommendations to the 
 26.17  commissioner on granting or denying registration licensure or 
 26.18  registration licensure renewal; 
 26.19     (5) review reports of investigations relating to 
 26.20  individuals and make recommendations to the commissioner as to 
 26.21  whether registration licensure should be denied or disciplinary 
 26.22  action taken against the individual; 
 26.23     (6) advise the commissioner regarding approval of 
 26.24  continuing education activities provided by sponsors using the 
 26.25  criteria in section 148.5193, subdivision 2; and 
 26.26     (7) perform other duties authorized for advisory councils 
 26.27  under chapter 214, or as directed by the commissioner. 
 26.28     Sec. 32.  Minnesota Statutes 2000, section 153A.14, 
 26.29  subdivision 2a, is amended to read: 
 26.30     Subd. 2a.  [EXEMPTION FROM WRITTEN EXAMINATION 
 26.31  REQUIREMENT.] Persons completing the audiology registration 
 26.32  requirements of section 148.515 after January 1, 1996, are 
 26.33  exempt from the written examination requirements of subdivision 
 26.34  2h, paragraph (a), clause (1).  Minnesota registration licensure 
 26.35  or American Speech-Language-Hearing Association certification as 
 26.36  an audiologist is not required but may be submitted as evidence 
 27.1   qualifying for exemption from the written examination if the 
 27.2   requirements are completed after January 1, 1996.  Persons 
 27.3   qualifying for written examination exemption must fulfill the 
 27.4   other credentialing requirements under subdivisions 1 and 2 
 27.5   before a certificate may be issued by the commissioner. 
 27.6      Sec. 33.  Minnesota Statutes 2000, section 153A.14, 
 27.7   subdivision 2i, is amended to read: 
 27.8      Subd. 2i.  [CONTINUING EDUCATION REQUIREMENT.] On forms 
 27.9   provided by the commissioner, each certified dispenser must 
 27.10  submit with the application for renewal of certification 
 27.11  evidence of completion of ten course hours of continuing 
 27.12  education earned within the 12-month period of July 1 to June 30 
 27.13  immediately preceding renewal.  Continuing education courses 
 27.14  must be directly related to hearing instrument dispensing and 
 27.15  approved by the International Hearing Society or qualify for 
 27.16  continuing education approved for Minnesota registered licensed 
 27.17  audiologists.  Evidence of completion of the ten course hours of 
 27.18  continuing education must be submitted with renewal applications 
 27.19  by October 1 of each year.  This requirement does not apply to 
 27.20  dispensers certified for less than one year.  The first report 
 27.21  of evidence of completion of the continuing education credits 
 27.22  shall be due October 1, 1997.  
 27.23     Sec. 34.  Minnesota Statutes 2000, section 153A.17, is 
 27.24  amended to read: 
 27.25     153A.17 [EXPENSES; FEES.] 
 27.26     The expenses for administering the certification 
 27.27  requirements including the complaint handling system for hearing 
 27.28  aid dispensers in sections 153A.14 and 153A.15 and the consumer 
 27.29  information center under section 153A.18 must be paid from 
 27.30  initial application and examination fees, renewal fees, 
 27.31  penalties, and fines.  All fees are nonrefundable.  The 
 27.32  certificate application fee is $165 for audiologists registered 
 27.33  licensed under section 148.511 and $490 for all others, the 
 27.34  examination fee is $200 for the written portion and $200 for the 
 27.35  practical portion each time one or the other is taken, and the 
 27.36  trainee application fee is $100.  Notwithstanding the policy set 
 28.1   forth in section 16A.1285, subdivision 2, a surcharge of $165 
 28.2   for audiologists registered licensed under section 148.511 and 
 28.3   $330 for all others shall be paid at the time of application or 
 28.4   renewal until June 30, 2003, to recover the commissioner's 
 28.5   accumulated direct expenditures for administering the 
 28.6   requirements of this chapter.  The penalty fee for late 
 28.7   submission of a renewal application is $200.  All fees, 
 28.8   penalties, and fines received must be deposited in the state 
 28.9   government special revenue fund.  The commissioner may prorate 
 28.10  the certification fee for new applicants based on the number of 
 28.11  quarters remaining in the annual certification period. 
 28.12     Sec. 35.  Minnesota Statutes 2000, section 153A.20, 
 28.13  subdivision 1, is amended to read: 
 28.14     Subdivision 1.  [MEMBERSHIP.] The commissioner shall 
 28.15  appoint nine persons to a hearing instrument dispenser advisory 
 28.16  council. 
 28.17     (a) The nine persons must include: 
 28.18     (1) three public members, as defined in section 214.02.  At 
 28.19  least one of the public members shall be a hearing instrument 
 28.20  user and one of the public members shall be either a hearing 
 28.21  instrument user or an advocate of one; and 
 28.22     (2) three hearing instrument dispensers certified under 
 28.23  sections 153A.14 to 153A.20, each of whom is currently, and has 
 28.24  been for the five years immediately preceding their appointment, 
 28.25  engaged in hearing instrument dispensing in Minnesota and who 
 28.26  represent the occupation of hearing instrument dispensing and 
 28.27  who are not audiologists; and 
 28.28     (3) three audiologists who are certified hearing instrument 
 28.29  dispensers, are registered licensed as audiologists under 
 28.30  Minnesota Rules, chapter 4750, or if no rules are in effect, 
 28.31  audiologists who hold current certificates of clinical 
 28.32  competence in audiology from the American 
 28.33  Speech-Language-Hearing Association chapter 148 and who 
 28.34  represent the occupation of audiology. 
 28.35     (b) The factors the commissioner may consider when 
 28.36  appointing advisory council members include, but are not limited 
 29.1   to, professional affiliation, geographical location, and type of 
 29.2   practice. 
 29.3      (c) No two members of the advisory council shall be 
 29.4   employees of, or have binding contracts requiring sales 
 29.5   exclusively for, the same hearing instrument manufacturer or the 
 29.6   same employer. 
 29.7      Sec. 36.  [REPEALER.] 
 29.8      Minnesota Statutes 2000, section 148.512, subdivision 11, 
 29.9   is repealed.