Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

SF 2651

as introduced - 91st Legislature (2019 - 2020) Posted on 03/25/2019 03:54pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10
1.11 1.12 1.13 1.14 1.15 1.16
1.17
1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2
2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9
3.10
3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24
3.25
3.26 3.27 3.28 3.29
3.30
4.1 4.2 4.3 4.4 4.5 4.6
4.7
4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33
7.1
7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21
7.22
7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24
8.25
8.26 8.27 8.28 8.29 8.30 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14
9.15
9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27
9.28
9.29 9.30 9.31 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 11.1 11.2 11.3 11.4 11.5 11.6
11.7
11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16
11.17
11.18 11.19 11.20 11.21 11.22
11.23
11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27
12.28
12.29 12.30 12.31 12.32 12.33 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10
15.11
15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8
16.9
16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27
16.28

A bill for an act
relating to health occupations; establishing licensure requirements for
speech-language pathology assistants; establishing licensure fees; amending
Minnesota Statutes 2018, sections 148.512, subdivision 17a; 148.513, subdivisions
1, 2, by adding a subdivision; 148.515, subdivision 1; 148.516; 148.519, subdivision
1, by adding a subdivision; 148.5192, subdivision 1; 148.5193, subdivision 1, by
adding a subdivision; 148.5194, subdivision 8, by adding a subdivision; 148.5195,
subdivision 3; 148.5196, subdivisions 1, 3; proposing coding for new law in
Minnesota Statutes, chapter 148.

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

Section 1.

Minnesota Statutes 2018, section 148.512, subdivision 17a, is amended to read:


Subd. 17a.

Speech-language pathology assistant.

"Speech-language pathology assistant"
means a person who deleted text beginprovides speech-language pathology services under the supervision of
a licensed speech-language pathologist in accordance with section 148.5192
deleted text endnew text begin practices
speech-language pathology assisting, meets the requirements under section 148.5185 or
148.5186, and is licensed by the commissioner
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 148.513, subdivision 1, is amended to read:


Subdivision 1.

Unlicensed practice prohibited.

A person must not engage in the practice
of speech-language pathology deleted text beginordeleted text endnew text begin,new text end audiologynew text begin, or speech-language pathology assistingnew text end unless
the person is licensed as a speech-language pathologist deleted text beginordeleted text endnew text begin,new text end an audiologistnew text begin, or a
speech-language pathology assistant
new text end under sections 148.511 to 148.5198 deleted text beginor is practicing as
a speech-language pathology assistant in accordance with section 148.5192. For purposes
of this subdivision, a speech-language pathology assistant's duties are limited to the duties
described in accordance with section 148.5192, subdivision 2
deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 3.

Minnesota Statutes 2018, section 148.513, subdivision 2, is amended to read:


Subd. 2.

Protected titles and restrictions on usenew text begin; speech-language pathologists and
audiologists
new text end.

deleted text begin(a) Notwithstanding paragraph (b)deleted text endnew text begin Except as provided in subdivision 2bnew text end, the
use of the following terms or initials which represent the following terms, alone or in
combination with any word or words, by any person to form an occupational title is prohibited
unless that person is licensed new text beginas a speech-language pathologist or audiologist new text endunder sections
148.511 to 148.5198:

(1) speech-language;

(2) speech-language pathologist, S, SP, or SLP;

(3) speech pathologist;

(4) language pathologist;

(5) audiologist, A, or AUD;

(6) speech therapist;

(7) speech clinician;

(8) speech correctionist;

(9) language therapist;

(10) voice therapist;

(11) voice pathologist;

(12) logopedist;

(13) communicologist;

(14) aphasiologist;

(15) phoniatrist;

(16) audiometrist;

(17) audioprosthologist;

(18) hearing therapist;

(19) hearing clinician; or

(20) hearing aid audiologist.

Use of the term "Minnesota licensed" in conjunction with the titles protected under this
deleted text begin paragraphdeleted text endnew text begin subdivisionnew text end by any person is prohibited unless that person is licensed new text beginas a
speech-language pathologist or audiologist
new text endunder sections 148.511 to 148.5198.

deleted text begin (b) A speech-language pathology assistant practicing under section 148.5192 must not
represent, indicate, or imply to the public that the assistant is a licensed speech-language
pathologist and shall only utilize one of the following titles: "speech-language pathology
assistant," "SLP assistant," or "SLP asst."
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 4.

Minnesota Statutes 2018, section 148.513, is amended by adding a subdivision to
read:


new text begin Subd. 2b. new text end

new text begin Protected titles and restrictions on use; speech-language pathology
assistants.
new text end

new text begin (a) Use of the following titles is prohibited, unless that person is licensed under
section 148.5185 or 148.5186: "speech-language pathology assistant," "SLP assistant," or
"SLP asst."
new text end

new text begin (b) A speech-language pathology assistant licensed under section 148.5185 or 148.5186
must not represent, indicate, or imply to the public that the assistant is a licensed
speech-language pathologist and shall only utilize one of the following titles:
"speech-language pathology assistant," "SLP assistant," or "SLP asst." A speech-language
pathology assistant licensed under section 148.5185 or 148.5186 may use the term "licensed"
or "Minnesota licensed" in connection with a title listed in this paragraph. Use of the term
"Minnesota licensed" in conjunction with any of the titles protected under paragraph (a) by
any person is prohibited unless that person is licensed under section 148.5185 or 148.5186.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 5.

Minnesota Statutes 2018, section 148.515, subdivision 1, is amended to read:


Subdivision 1.

Applicability.

Except as provided in section 148.516 or 148.517, an
applicant new text beginfor licensure as a speech-language pathologist or audiologist new text endmust meet the
requirements in this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 6.

Minnesota Statutes 2018, section 148.516, is amended to read:


148.516 LICENSURE BY EQUIVALENCY.

An applicant who applies for licensure by equivalency new text beginas a speech-language pathologist
or audiologist
new text endmust show evidence of possessing a current certificate of clinical competence
issued by the American Speech-Language-Hearing Association or board certification by
the American Board of Audiology and must meet the requirements of section 148.514.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 7.

new text begin [148.5185] RESTRICTED LICENSURE; SPEECH-LANGUAGE
PATHOLOGY ASSISTANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Qualifications for a restricted license. new text end

new text begin To be eligible for restricted
licensure as a speech-language pathology assistant, an applicant must satisfy the requirements
in subdivision 2, 3, or 4.
new text end

new text begin Subd. 2. new text end

new text begin Person practicing as a speech-language pathology assistant before January
1, 2020.
new text end

new text begin (a) A person who is practicing as a speech-language pathology assistant before
January 1, 2020, and who does not meet the qualifications for a license under section
148.5186 may apply for a restricted speech-language pathology assistant license from the
commissioner. An applicant under this paragraph must submit to the commissioner:
new text end

new text begin (1) proof of current employment as a speech-language pathology assistant; and
new text end

new text begin (2) a signed affidavit affirming supervision, from the licensed speech-language pathologist
currently supervising the applicant.
new text end

new text begin (b) In order to be licensed as a speech-language pathology assistant under section
148.5186, a licensee with a restricted license under this subdivision must obtain an associate
degree from a speech-language pathology assistant program that is accredited by the Higher
Learning Commission of the North Central Association of Colleges or its equivalent, as
approved by the commissioner, and that includes:
new text end

new text begin (1) coursework on an introduction to communication disorders, phonetics, language
development, articulation disorders, language disorders, anatomy of speech/language hearing,
stuttering, adult communication disorders, and clinical documentations and materials
management; and
new text end

new text begin (2) at least 100 hours of supervised field work experience in speech-language pathology
assisting.
new text end

new text begin A licensee under this subdivision must obtain an associate degree that meets the requirements
of this paragraph no later than December 31, 2024. A licensee who fails to obtain an associate
degree prior to January 1, 2025, is not eligible to apply for licensure under section 148.5186.
Upon completion of the requirements in this paragraph prior to January 1, 2025, a licensee
with a restricted license under this subdivision is eligible to apply for licensure under section
148.5186.
new text end

new text begin (c) A restricted license issued under this subdivision may be renewed until January 1,
2025.
new text end

new text begin Subd. 3. new text end

new text begin Person with a bachelor's degree in communication sciences or disorders
and practicing as a speech-language pathology assistant before January 1, 2020.
new text end

new text begin (a) A
person with a bachelor's degree in the discipline of communication sciences or disorders
and who is practicing as a speech-language pathology assistant before January 1, 2020, but
who does not meet the qualifications for a license under section 148.5186, may apply for a
restricted speech-language pathology assistant license from the commissioner. An applicant
under this paragraph must submit to the commissioner:
new text end

new text begin (1) a transcript from an educational institution documenting satisfactory completion of
a bachelor's degree in the discipline of communication sciences or disorders;
new text end

new text begin (2) proof of current employment as a speech-language pathology assistant; and
new text end

new text begin (3) a signed affidavit affirming supervision from the licensed speech-language pathologist
currently supervising the applicant.
new text end

new text begin (b) In order to be licensed as a speech-language pathology assistant under section
148.5186, a licensee with a restricted license under this subdivision must complete the
following coursework and supervised field work experience within two years after the date
on which the licensee obtains a restricted license under paragraph (a):
new text end

new text begin (1) coursework from a speech-language pathology assistant program in articulation
disorders, language disorders, adult communication disorders, and stuttering; and
new text end

new text begin (2) at least 100 hours of supervised field work experience in speech-language pathology
assisting.
new text end

new text begin A licensee under this subdivision who fails to complete the required coursework and
supervised field work experience within two years after obtaining a restricted license under
this subdivision is not eligible to apply for licensure under section 148.5186. Upon
completion of the requirements in this paragraph within two years after obtaining a restricted
license under this subdivision, a licensee is eligible to apply for licensure under section
148.5186.
new text end

new text begin (c) A restricted license issued under this subdivision may be renewed until January 1,
2023.
new text end

new text begin Subd. 4. new text end

new text begin Person with an associate degree from a program that does not meet
requirements in section 148.5186.
new text end

new text begin (a) A person with an associate degree from a
speech-language pathology assistant program that does not meet the requirements in section
148.5186, subdivision 1, clause (1), may apply for a restricted speech-language pathology
assistant license from the commissioner. An applicant under this paragraph must submit to
the commissioner a transcript from an educational institution documenting satisfactory
completion of an associate degree from a speech-language pathology assistant program. If
the commissioner determines that the applicant's speech-language pathology assistant
program does not include coursework or supervised field work experience that is equivalent
to a program under section 148.5186, subdivision 1, clause (1), the commissioner may issue
a restricted license to the applicant.
new text end

new text begin (b) In order to be licensed as a speech-language pathology assistant under section
148.5186, a licensee with a restricted license under this subdivision must complete any
missing coursework or supervised field work experience, as determined by the commissioner,
in a speech-language pathology assisting program by December 31, 2024. A licensee who
fails to complete the required course work or supervised field work experience prior to
January 1, 2025, is not eligible for licensure under section 148.5186. Upon completion of
the requirements in this paragraph prior to January 1, 2025, a licensee with a restricted
license under this subdivision is eligible to apply for licensure under section 148.5186.
new text end

new text begin (c) A restricted license issued under this subdivision may be renewed until January 1,
2025.
new text end

new text begin Subd. 5. new text end

new text begin Change of employer. new text end

new text begin If a licensee with a restricted license under subdivision
2 or 3 changes employers, the licensee must submit to the commissioner updated proof of
current employment as a speech-language pathology assistant in order to maintain the
restricted license.
new text end

new text begin Subd. 6. new text end

new text begin Continuing education. new text end

new text begin In order to renew a restricted license, a licensee must
comply with the continuing education requirements in section 148.5193, subdivision 1a.
new text end

new text begin Subd. 7. new text end

new text begin Scope of practice. new text end

new text begin Scope of practice for a speech-language pathology assistant
licensed under this section is governed by section 148.5192, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 8.

new text begin [148.5186] LICENSURE; SPEECH-LANGUAGE PATHOLOGY
ASSISTANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements for licensure. new text end

new text begin To be eligible for licensure as a
speech-language pathology assistant, an applicant must submit to the commissioner a
transcript from an educational institution documenting satisfactory completion of either:
new text end

new text begin (1) an associate degree from a speech-language pathology assistant program that is
accredited by the Higher Learning Commission of the North Central Association of Colleges
or its equivalent as approved by the commissioner, which includes at least 100 hours of
supervised field work experience in speech-language pathology assisting; or
new text end

new text begin (2) a bachelor's degree in the discipline of communication sciences or disorders and a
speech-language pathology assistant certificate program that includes:
new text end

new text begin (i) coursework in an introduction to speech-language pathology assisting, stuttering,
articulation disorders, and language disorders; and
new text end

new text begin (ii) at least 100 hours of supervised field work experience in speech-language pathology
assisting.
new text end

new text begin Subd. 2. new text end

new text begin Licensure by equivalency. new text end

new text begin An applicant who applies for licensure by
equivalency as a speech-language pathology assistant must provide evidence to the
commissioner of satisfying the requirements in subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Scope of practice. new text end

new text begin Scope of practice for a speech-language pathology assistant
licensed under this section is governed by section 148.5192, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 9.

Minnesota Statutes 2018, section 148.519, subdivision 1, is amended to read:


Subdivision 1.

Applications for licensurenew text begin; speech-language pathologists and
audiologists
new text end.

(a) An applicant for licensure new text beginas a speech-language pathologist or audiologist
new text end must:

(1) submit a completed application for licensure on forms provided by the commissioner.
The application must include the applicant's name, certification number under chapter 153A,
if applicable, business address and telephone number, or home address and telephone number
if the applicant practices speech-language pathology or audiology out of the home, and a
description of the applicant's education, training, and experience, including previous work
history for the five years immediately preceding the date of application. The commissioner
may ask the applicant to provide additional information necessary to clarify information
submitted in the application; and

(2) submit documentation of the certificate of clinical competence issued by the American
Speech-Language-Hearing Association, board certification by the American Board of
Audiology, or satisfy the following requirements:

(i) submit a transcript showing the completion of a master's or doctoral degree or its
equivalent meeting the requirements of section 148.515, subdivision 2;

(ii) submit documentation of the required hours of supervised clinical training;

(iii) submit documentation of the postgraduate clinical or doctoral clinical experience
meeting the requirements of section 148.515, subdivision 4; and

(iv) submit documentation of receiving a qualifying score on an examination meeting
the requirements of section 148.515, subdivision 6.

(b) In addition, an applicant must:

(1) sign a statement that the information in the application is true and correct to the best
of the applicant's knowledge and belief;

(2) submit with the application all fees required by section 148.5194;

(3) sign a waiver authorizing the commissioner to obtain access to the applicant's records
in this or any other state in which the applicant has engaged in the practice of speech-language
pathology or audiology; and

(4) consent to a fingerprint-based criminal history background check as required under
section 144.0572, pay all required fees, and cooperate with all requests for information. An
applicant must complete a new criminal history background check if more than one year
has elapsed since the applicant last applied for a license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 10.

Minnesota Statutes 2018, section 148.519, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Applications for licensure; speech-language pathology assistants. new text end

new text begin An
applicant for licensure as a speech-language pathology assistant must submit to the
commissioner:
new text end

new text begin (1) a completed application on forms provided by the commissioner. The application
must include the applicant's name, business address and telephone number, home address
and telephone number, and a description of the applicant's education, training, and experience,
including previous work history for the five years immediately preceding the application
date. The commissioner may ask the applicant to provide additional information needed to
clarify information submitted in the application;
new text end

new text begin (2) documentation that the applicant satisfied one of the qualifications listed in section
148.5185 or 148.5186;
new text end

new text begin (3) a signed statement that the information in the application is true and correct to the
best of the applicant's knowledge and belief;
new text end

new text begin (4) all fees required under section 148.5194; and
new text end

new text begin (5) a signed waiver authorizing the commissioner to obtain access to the applicant's
records in this or any other state in which the applicant has worked as a speech-language
pathology assistant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 11.

Minnesota Statutes 2018, section 148.5192, subdivision 1, is amended to read:


Subdivision 1.

Delegation requirements.

A licensed speech-language pathologist may
delegate duties to a speech-language pathology assistant in accordance with this section.
Duties may only be delegated to an individual who deleted text beginhas documented with a transcript from
an educational institution satisfactory completion of either:
deleted text end

deleted text begin (1) an associate degree from a speech-language pathology assistant program that is
accredited by the Higher Learning Commission of the North Central Association of Colleges
or its equivalent as approved by the commissioner; or
deleted text end

deleted text begin (2) a bachelor's degree in the discipline of communication sciences or disorders with
additional transcript credit in the area of instruction in assistant-level service delivery
practices and completion of at least 100 hours of supervised field work experience as a
speech-language pathology assistant student
deleted text endnew text begin is licensed under section 148.5185 or 148.5186new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 12.

Minnesota Statutes 2018, section 148.5193, subdivision 1, is amended to read:


Subdivision 1.

Number of contact hours required.

(a) An applicant for licensure
renewal new text beginas a speech-language pathologist or audiologist new text endmust 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 Professional Educator Licensing and Standards
Board:

(1) activities that are approved in the categories of Minnesota Rules, part 8710.7200,
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 8710.7200,
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 8710.7200, 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 January 1, 2020.
new text end

Sec. 13.

Minnesota Statutes 2018, section 148.5193, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Continuing education; speech-language pathology assistants. new text end

new text begin An applicant
for licensure renewal as a speech-language pathology assistant must meet the requirements
for continuing education established by the American Speech-Language-Hearing Association.
A licensee shall receive contact hours for continuing education activities only for the biennial
licensure period in which the continuing education activity was completed. Continuing
education contact hours obtained in one continuing education period shall not be transferred
to a future continuing education period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 14.

Minnesota Statutes 2018, section 148.5194, is amended by adding a subdivision
to read:


new text begin Subd. 3b. new text end

new text begin Speech-language pathology assistant initial licensure and renewal fees. new text end

new text begin The
fee for initial speech-language pathology assistant licensure under section 148.5185 or
148.5186 is $130. The fee for licensure renewal is $120.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 15.

Minnesota Statutes 2018, section 148.5194, subdivision 8, is amended to read:


Subd. 8.

Penalty fees.

(a) The penalty fee for practicing speech-language pathology or
audiology or using protected titles without a current license after the credential has expired
and before it is renewed is the amount of the license renewal fee for any part of the first
month, plus the license renewal fee for any part of any subsequent month up to 36 months.new text begin
The penalty fee for a speech-language pathology assistant who practices speech-language
pathology assisting or uses protected titles without a current license after a license has
expired and before it is renewed is the amount of the license renewal fee for any part of the
first month, plus the license renewal fee for any part of any subsequent month up to 36
months.
new text end

(b) The penalty fee for applicants who engage in the unauthorized practice of
speech-language pathology or audiology or using protected titles before being issued a
license is the amount of the license application fee for any part of the first month, plus the
license application fee for any part of any subsequent month up to 36 months. new text beginThe penalty
fee for a speech-language pathology assistant who engages in the unauthorized practice of
speech-language pathology assisting or uses protected titles without being issued a license
is the amount of the license application fee for any part of the first month, plus the license
application fee for any part of any subsequent month up to 36 months.
new text endThis paragraph does
not apply to applicants not qualifying for a license who engage in the unauthorized practice
of speech language pathology or audiology.

(c) The penalty fee for practicing speech-language pathology or audiology and failing
to submit a continuing education report by the due date with the correct number or type of
hours in the correct time period is $100 plus $20 for each missing clock hour. new text beginThe penalty
fee for a licensed speech-language pathology assistant who fails to submit a continuing
education report by the due date with the correct number or type of hours in the correct time
period is $100 plus $20 for each missing clock hour.
new text end"Missing" means not obtained between
the effective and expiration dates of the certificate, the one-month period following the
certificate expiration date, or the 30 days following notice of a penalty fee for failing to
report all continuing education hours. The licensee must obtain the missing number of
continuing education hours by the next reporting due date.

(d) Civil penalties and discipline incurred by licensees prior to August 1, 2005, for
conduct described in paragraph (a), (b), or (c) shall be recorded as nondisciplinary penalty
fees. For conduct described in paragraph (a) or (b) occurring after August 1, 2005, and
exceeding six months, payment of a penalty fee does not preclude any disciplinary action
reasonably justified by the individual case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 16.

Minnesota Statutes 2018, section 148.5195, subdivision 3, is amended to read:


Subd. 3.

Grounds for disciplinary action by commissioner.

The commissioner may
take any of the disciplinary actions listed in subdivision 4 on proof that the individual has:

(1) intentionally submitted false or misleading information to the commissioner or the
advisory council;

(2) failed, within 30 days, to provide information in response to a written request by the
commissioner or advisory council;

(3) performed services of a speech-language pathologist deleted text beginordeleted text endnew text begin,new text end audiologistnew text begin, or
speech-language pathology assistant
new text end in an incompetent or negligent manner;

(4) violated sections 148.511 to 148.5198;

(5) failed to perform services with reasonable judgment, skill, or safety due to the use
of alcohol or drugs, or other physical or mental impairment;

(6) violated any state or federal law, rule, or regulation, and the violation is a felony or
misdemeanor, an essential element of which is dishonesty, or which relates directly or
indirectly to the practice of speech-language pathology deleted text beginordeleted text endnew text begin,new text end audiologynew text begin, or speech-language
pathology assisting
new text end. Conviction for violating any state or federal law which relates to
speech-language pathology deleted text beginordeleted text endnew text begin,new text end audiologynew text begin, or speech-language pathology assistingnew text end is
necessarily considered to constitute a violation, except as provided in chapter 364;

(7) aided or abetted another person in violating any provision of sections 148.511 to
148.5198;

(8) been or is being disciplined by another jurisdiction, if any of the grounds for the
discipline is the same or substantially equivalent to those under sections 148.511 to 148.5198;

(9) not cooperated with the commissioner or advisory council in an investigation
conducted according to subdivision 1;

(10) advertised in a manner that is false or misleading;

(11) engaged in conduct likely to deceive, defraud, or harm the public; or demonstrated
a willful or careless disregard for the health, welfare, or safety of a client;

(12) failed to disclose to the consumer any fee splitting or any promise to pay a portion
of a fee to any other professional other than a fee for services rendered by the other
professional to the client;

(13) engaged in abusive or fraudulent billing practices, including violations of federal
Medicare and Medicaid laws, Food and Drug Administration regulations, or state medical
assistance laws;

(14) obtained money, property, or services from a consumer through the use of undue
influence, high pressure sales tactics, harassment, duress, deception, or fraud;

(15) performed services for a client who had no possibility of benefiting from the services;

(16) failed to refer a client for medical evaluation or to other health care professionals
when appropriate or when a client indicated symptoms associated with diseases that could
be medically or surgically treated;

(17) had the certification required by chapter 153A denied, suspended, or revoked
according to chapter 153A;

(18) used the term doctor of audiology, doctor of speech-language pathology, AuD, or
SLPD without having obtained the degree from an institution accredited by the North Central
Association of Colleges and Secondary Schools, the Council on Academic Accreditation
in Audiology and Speech-Language Pathology, the United States Department of Education,
or an equivalent;

(19) failed to comply with the requirements of section 148.5192 regarding supervision
of speech-language pathology assistants; or

(20) if the individual is an audiologist or certified hearing instrument dispenser:

(i) prescribed or otherwise recommended to a consumer or potential consumer the use
of a hearing instrument, unless the prescription from a physician or recommendation from
an audiologist or certified dispenser is in writing, is based on an audiogram that is delivered
to the consumer or potential consumer when the prescription or recommendation is made,
and bears the following information in all capital letters of 12-point or larger boldface type:
"THIS PRESCRIPTION OR RECOMMENDATION MAY BE FILLED BY, AND
HEARING INSTRUMENTS MAY BE PURCHASED FROM, THE LICENSED
AUDIOLOGIST OR CERTIFIED DISPENSER OF YOUR CHOICE";

(ii) failed to give a copy of the audiogram, upon which the prescription or
recommendation is based, to the consumer when the consumer requests a copy;

(iii) failed to provide the consumer rights brochure required by section 148.5197,
subdivision 3
;

(iv) failed to comply with restrictions on sales of hearing instruments in sections
148.5197, subdivision 3, and 148.5198;

(v) failed to return a consumer's hearing instrument used as a trade-in or for a discount
in the price of a new hearing instrument when requested by the consumer upon cancellation
of the purchase agreement;

(vi) failed to follow Food and Drug Administration or Federal Trade Commission
regulations relating to dispensing hearing instruments;

(vii) failed to dispense a hearing instrument in a competent manner or without appropriate
training;

(viii) delegated hearing instrument dispensing authority to a person not authorized to
dispense a hearing instrument under this chapter or chapter 153A;

(ix) failed to comply with the requirements of an employer or supervisor of a hearing
instrument dispenser trainee;

(x) violated a state or federal court order or judgment, including a conciliation court
judgment, relating to the activities of the individual's hearing instrument dispensing; or

(xi) failed to include on the audiogram the practitioner's printed name, credential type,
credential number, signature, and date.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 17.

Minnesota Statutes 2018, section 148.5196, subdivision 1, is amended to read:


Subdivision 1.

Membership.

The commissioner shall appoint deleted text begin12deleted text endnew text begin 13new text end persons to a
Speech-Language Pathologist and Audiologist Advisory Council. The deleted text begin12deleted text endnew text begin 13new text end persons must
include:

(1) three public members, as defined in section 214.02. Two of the public members shall
be either persons receiving services of a speech-language pathologist or audiologist, or
family members of or caregivers to such persons, and at least one of the public members
shall be either a hearing instrument user or an advocate of one;

(2) three speech-language pathologists licensed under sections 148.511 to 148.5198,
one of whom is currently and has been, for the five years immediately preceding the
appointment, engaged in the practice of speech-language pathology in Minnesota and each
of whom is employed in a different employment setting including, but not limited to, private
practice, hospitals, rehabilitation settings, educational settings, and government agencies;

(3) one speech-language pathologist licensed under sections 148.511 to 148.5198, who
is currently and has been, for the five years immediately preceding the appointment,
employed by a Minnesota public school district or a Minnesota public school district
consortium that is authorized by Minnesota Statutes and who is licensed in speech-language
pathology by the Professional Educator Licensing and Standards Board;

(4) three audiologists licensed under sections 148.511 to 148.5198, two of whom are
currently and have been, for the five years immediately preceding the appointment, engaged
in the practice of audiology and the dispensing of hearing instruments in Minnesota and
each of whom is employed in a different employment setting including, but not limited to,
private practice, hospitals, rehabilitation settings, educational settings, industry, and
government agencies;

(5) one nonaudiologist hearing instrument dispenser recommended by a professional
association representing hearing instrument dispensers; deleted text beginand
deleted text end

(6) one physician licensed under chapter 147 and certified by the American Board of
Otolaryngology, Head and Neck Surgerynew text begin; and
new text end

new text begin (7) one speech-language pathology assistant licensed under section 148.5186new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end

Sec. 18.

Minnesota Statutes 2018, section 148.5196, subdivision 3, is amended to read:


Subd. 3.

Duties.

The advisory council shall:

(1) advise the commissioner regarding speech-language pathologist deleted text beginanddeleted text endnew text begin,new text end audiologistnew text begin,
and speech-language pathology assistant
new text end licensure standards;

(2) advise the commissioner regarding the delegation of duties to and the training required
for speech-language pathology assistants;

(3) advise the commissioner on enforcement of sections 148.511 to 148.5198;

(4) provide for distribution of information regarding speech-language pathologist deleted text beginanddeleted text endnew text begin,new text end
audiologistnew text begin, and speech-language pathology assistantnew text end licensure standards;

(5) review applications and make recommendations to the commissioner on granting or
denying licensure or licensure renewal;

(6) review reports of investigations relating to individuals and make recommendations
to the commissioner as to whether licensure should be denied or disciplinary action taken
against the individual;

(7) advise the commissioner regarding approval of continuing education activities
provided by sponsors using the criteria in section 148.5193, subdivision 2; and

(8) perform other duties authorized for advisory councils under chapter 214, or as directed
by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end