3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; extending dates of certain 1.3 advisory councils; modifying certain nursing 1.4 requirements; modifying provisions relating to the 1.5 practice of speech-language pathology or audiology; 1.6 amending Minnesota Statutes 2002, sections 147B.05, 1.7 subdivision 2; 147C.35, subdivision 2; 147D.25, 1.8 subdivision 2; 148.212; 148.235, by adding a 1.9 subdivision; 148.281, subdivision 1; 148.511; 148.512, 1.10 subdivisions 2, 4, 6, 7, 8, 12, 13, 14, 15, 16, 17, 1.11 18, 20; 148.513; 148.514; 148.515, subdivisions 2, 4; 1.12 148.516; 148.5161; 148.517; 148.518; 148.519; 1.13 148.5191; 148.5193, subdivisions 1, 4, 6, 6a, 7, 8; 1.14 148.5194, subdivisions 1, 2, 3, 3a; 148.5195, 1.15 subdivisions 2, 3, 4, 5, 6; 148.5196; 153A.14, 1.16 subdivisions 2a, 2i; 153A.17; 153A.20, subdivision 1; 1.17 214.32, subdivision 1; repealing Minnesota Statutes 1.18 2002, sections 148.512, subdivision 11; 148.515, 1.19 subdivisions 3, 5. 1.20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.21 Section 1. Minnesota Statutes 2002, section 147B.05, 1.22 subdivision 2, is amended to read: 1.23 Subd. 2. [ADMINISTRATION; COMPENSATION; REMOVAL; QUORUM.] 1.24 The advisory council is governed by section 15.059, except that 1.25 the council does not expire until June 30,20032007. 1.26 Sec. 2. Minnesota Statutes 2002, section 147C.35, 1.27 subdivision 2, is amended to read: 1.28 Subd. 2. [ORGANIZATION.] The advisory council shall be 1.29 organized and administered under section 15.059. The council 1.30 expires June 30,20032007. 1.31 Sec. 3. Minnesota Statutes 2002, section 147D.25, 1.32 subdivision 2, is amended to read: 2.1 Subd. 2. [ORGANIZATION.] The advisory council shall be 2.2 organized and administered under section 15.059. The council 2.3 expires June 30,20032007. 2.4 Sec. 4. Minnesota Statutes 2002, section 148.212, is 2.5 amended to read: 2.6 148.212 [TEMPORARY PERMIT.] 2.7 Subdivision 1. [ISSUANCE.] Upon receipt of the applicable 2.8 licensure or reregistration fee and permit fee, and in 2.9 accordance with rules of the board, the board may issue a 2.10 nonrenewable temporary permit to practice professional or 2.11 practical nursing to an applicant for licensure or 2.12 reregistration who is not the subject of a pending investigation 2.13 or disciplinary action, nor disqualified for any other reason, 2.14 under the following circumstances: 2.15 (a) The applicant for licensure by examination under 2.16 section 148.211, subdivision 1, has graduated from an approved 2.17 nursing program within the 60 days preceding board receipt of an 2.18 affidavit of graduation or transcript and has been authorized by 2.19 the board to write the licensure examination for the first time 2.20 in the United States. The permit holder must practice 2.21 professional or practical nursing under the direct supervision 2.22 of a registered nurse. The permit is valid from the date of 2.23 issue until the date the board takes action on the application 2.24 or for 60 days whichever occurs first. 2.25 (b) The applicant for licensure by endorsement under 2.26 section 148.211, subdivision 2, is currently licensed to 2.27 practice professional or practical nursing in another state, 2.28 territory, or Canadian province. The permit is valid from 2.29 submission of a proper request until the date of board action on 2.30 the application. 2.31 (c) The applicant for licensure by endorsement under 2.32 section 148.211, subdivision 2, or for reregistration under 2.33 section 148.231, subdivision 5, is currently registered in a 2.34 formal, structured refresher course or its equivalent for nurses 2.35 that includes clinical practice. 2.36 (d) The applicant for licensure by examination under 3.1 section 148.211, subdivision 1, has been issued a Commission on 3.2 Graduates of Foreign Nursing Schools certificate, has completed 3.3 all requirements for licensure except the examination, and has 3.4 been authorized by the board to write the licensure examination 3.5 for the first time in the United States. The permit holder must 3.6 practice professional nursing under the direct supervision of a 3.7 registered nurse. The permit is valid from the date of issue 3.8 until the date the board takes action on the application or for 3.9 60 days, whichever occurs first. 3.10 Subd. 2. [REVOCATION.] The board may revoke a temporary 3.11 permit that has been issued to an applicant for licensure under 3.12 section 148.211, subdivisions 1 and 2, if the applicant is the 3.13 subject of an investigation or disciplinary action, or is 3.14 disqualified for any other reason. 3.15 Subd. 3. [RELEASE OF INFORMATION.] Notwithstanding section 3.16 13.41, subdivision 2, the board may release information 3.17 regarding action taken by the board pursuant to subdivisions 1 3.18 and 2. 3.19 Sec. 5. Minnesota Statutes 2002, section 148.235, is 3.20 amended by adding a subdivision to read: 3.21 Subd. 10. [ADMINISTRATION OF MEDICATIONS BY UNLICENSED 3.22 PERSONNEL IN NURSING FACILITIES.] Notwithstanding the provisions 3.23 of Minnesota Rules, part 4658.1360, subpart 2, a graduate of a 3.24 foreign nursing school who has successfully completed an 3.25 approved competency evaluation under the provisions of section 3.26 144A.61 is eligible to administer medications in a nursing 3.27 facility upon completion of a medication training program for 3.28 unlicensed personnel offered through a postsecondary educational 3.29 institution, which meets the requirements specified in Minnesota 3.30 Rules, part 4658.1360, subpart 2, item B. 3.31 Sec. 6. Minnesota Statutes 2002, section 148.281, 3.32 subdivision 1, is amended to read: 3.33 Subdivision 1. [VIOLATIONS DESCRIBED.] It shall be 3.34 unlawful for any person, corporation, firm, or association, to: 3.35 (1) sell or fraudulently obtain or furnish any nursing 3.36 diploma, license or record, or aid or abet therein; 4.1 (2) practice professional or practical nursing, practice as 4.2 a public health nurse, or practice as a certified clinical nurse 4.3 specialist, certified nurse-midwife, certified nurse 4.4 practitioner, or certified registered nurse anesthetist under 4.5 cover of any diploma, permit, license, registration certificate, 4.6 advanced practice credential, or record illegally or 4.7 fraudulently obtained or signed or issued unlawfully or under 4.8 fraudulent representation; 4.9 (3) practice professional or practical nursing unless the 4.10 person has been issued a temporary permit under the provisions 4.11 of section 148.212 or is duly licensed and currently registered 4.12 to do so under the provisions of sections 148.171 to 148.285; 4.13 (4) use the professional title nurse unless duly licensed 4.14 to practice professional or practical nursing under the 4.15 provisions of sections 148.171 to 148.285, except as authorized 4.16 by the board by rule; 4.17 (5) use any abbreviation or other designation tending to 4.18 imply licensure as a registered nurse or licensed practical 4.19 nurse unless duly licensed and currently registered so to 4.20 practice professional or practical nursing under the provisions 4.21 of sections 148.171 to 148.285 except as authorized by the board 4.22 by rule; 4.23(5)(6) use any title, abbreviation, or other designation 4.24 tending to imply certification as a certified registered nurse 4.25 as defined in section 148.171, subdivision 22, unless duly 4.26 certified by a national nurse certification organization; 4.27(6)(7) use any abbreviation or other designation tending 4.28 to imply registration as a public health nurse unless duly 4.29 registered by the board; 4.30(7)(8) practice professional, advanced practice 4.31 registered, or practical nursing in a manner prohibited by the 4.32 board in any limitation of a license or registration issued 4.33 under the provisions of sections 148.171 to 148.285; 4.34(8)(9) practice professional, advanced practice 4.35 registered, or practical nursing during the time a license or 4.36 current registration issued under the provisions of sections 5.1 148.171 to 148.285 shall be suspended or revoked; 5.2(9)(10) conduct a nursing program for the education of 5.3 persons to become registered nurses or licensed practical nurses 5.4 unless the program has been approved by the board; 5.5(10)(11) knowingly employ persons in the practice of 5.6 professional or practical nursing who have not been issued a 5.7 current permit, license, or registration certificate to practice 5.8 as a nurse in this state; and 5.9(11)(12) knowingly employ a person in advanced practice 5.10 registered nursing unless the person meets the standards and 5.11 practices of sections 148.171 to 148.285. 5.12 Sec. 7. Minnesota Statutes 2002, section 148.511, is 5.13 amended to read: 5.14 148.511 [SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS5.15 SCOPE.] 5.16 Sections 148.511 to 148.5196 applyonlyto persons who are 5.17 applicants forregistrationlicensure,who are registered,who 5.18 use protected titles,orwho represent that they areregistered5.19 licensed, or who engage in the practice of speech-language 5.20 pathology or audiology. Sections 148.511 to 148.5196 do not 5.21 apply to school personnel licensed by the board of teaching,5.22provided that school personnel practicing within the scope of5.23their licensed occupation preface titles protected under section5.24148.513 with the words "school" or "educational."and practicing 5.25 within the scope of their school license under Minnesota Rules, 5.26 part 8710.6000. 5.27 Sec. 8. Minnesota Statutes 2002, section 148.512, 5.28 subdivision 2, is amended to read: 5.29 Subd. 2. [ACCREDITED EDUCATIONAL INSTITUTION.] "Accredited 5.30 educational institution" means a university,or college, or5.31other post-secondary educational institutionthat offers 5.32 speech-language pathology or audiologytraininggraduate degrees 5.33 and that is accredited by theAmerican Speech-Language-Hearing5.34Association or the National Council for Accreditation of Teacher5.35EducationCouncil on Academic Accreditation in Audiology and 5.36 Speech Language Pathology, a body recognized by the United 6.1 States Department of Education, or an equivalent as determined 6.2 by the commissioner. 6.3 Sec. 9. Minnesota Statutes 2002, section 148.512, 6.4 subdivision 4, is amended to read: 6.5 Subd. 4. [APPLICANT.] "Applicant" means a person who 6.6 applies to the commissioner forregistrationlicensure or 6.7registrationlicensure renewal. 6.8 Sec. 10. Minnesota Statutes 2002, section 148.512, 6.9 subdivision 6, is amended to read: 6.10 Subd. 6. [AUDIOLOGIST.] "Audiologist" means a natural 6.11 person who engages in the practice of audiology, meets the 6.12 qualifications required by sections 148.511 to 148.5196, and 6.13registers as an audiologist withis licensed by the commissioner. 6.14 Audiologist also means a natural person using any descriptive 6.15 word with the title audiologist. 6.16 Sec. 11. Minnesota Statutes 2002, section 148.512, 6.17 subdivision 7, is amended to read: 6.18 Subd. 7. [COMMISSIONER.] "Commissioner" means the 6.19 commissioner ofthe department ofhealth or a designee. 6.20 Sec. 12. Minnesota Statutes 2002, section 148.512, 6.21 subdivision 8, is amended to read: 6.22 Subd. 8. [CONTACT HOUR.] "Contact hour" means an 6.23 instructional session of5060 consecutive minutes, excluding 6.24 coffee breaks, registration, meals without a speaker, and social 6.25 activities. 6.26 Sec. 13. Minnesota Statutes 2002, section 148.512, 6.27 subdivision 12, is amended to read: 6.28 Subd. 12. [PRACTICE OF AUDIOLOGY.] The "practice of 6.29 audiology" means: 6.30 (1)screening,identification, assessment, and 6.31 interpretation, diagnosis, rehabilitation, and prevention of 6.32 hearing disorders; 6.33 (2) conservation of the auditory system function; 6.34 development and implementation of hearing conservation programs; 6.35 (3) measurement, assessment, and interpretation of auditory 6.36 and vestibular function; 7.1 (4) selecting, fitting, and dispensing of assistive 7.2 listening devices, alerting and amplification devices, and 7.3 systems for personal and public use, including hearing aids and 7.4 devices, and providing training in their use; 7.5 (5) aural habilitation and rehabilitation and related 7.6 counseling for hearing impaired individuals and their families; 7.7 (6) screening of speech, language, voice, or fluency for 7.8 the purposes of audiologic evaluation or identification of 7.9 possible communication disorders; or 7.10 (7) teaching of, consultation or research about, or 7.11 supervision of the functions in clauses (1) to (6). 7.12 The practice of audiology does not include the practice of 7.13 medicine and surgery, or osteopathic medicine and surgery, or 7.14 medical diagnosis that is commonly performed by a physician. 7.15 Sec. 14. Minnesota Statutes 2002, section 148.512, 7.16 subdivision 13, is amended to read: 7.17 Subd. 13. [PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.] The 7.18 "practice of speech-language pathology" means: 7.19 (1)screening,identification, assessment and 7.20 interpretation, diagnosis, habilitation, rehabilitation, 7.21 treatment and prevention of disorders of speech, articulation, 7.22 fluency, voice, and language; 7.23 (2)screening,identification, assessment, and 7.24 interpretation, diagnosis, habilitation, and rehabilitation of 7.25 disorders of oral-pharyngeal function and related disorders; 7.26 (3)screening,identification, assessment, and 7.27 interpretation, diagnosis, habilitation, and rehabilitation of 7.28 communication disorders associated with cognition; 7.29 (4) assessing, selecting, and developing augmentative and 7.30 alternative communication systems and providing training in 7.31 their use; 7.32 (5) aural habilitation and rehabilitation and related 7.33 counseling for hearing impaired individuals and their families; 7.34 (6) enhancing speech-language proficiency and communication 7.35 effectiveness; 7.36 (7) audiometric screening for the purposes of 8.1 speech-language evaluation or for the identification of possible 8.2 hearing disorders; or 8.3 (8) teaching of, consultation or research about, or 8.4 supervision of the functions in clauses (1) to (7). 8.5 The practice of speech-language pathology does not include 8.6 the practice of medicine and surgery, or osteopathic medicine 8.7 and surgery, or medical diagnosis that is commonly performed by 8.8 a physician. 8.9 Sec. 15. Minnesota Statutes 2002, section 148.512, 8.10 subdivision 14, is amended to read: 8.11 Subd. 14. [REGISTERLICENSE ORREGISTERED8.12 LICENSED.]"Register""License" or"registered""licensed" 8.13 means the act or status of anaturalperson who meets the 8.14 requirements of sections 148.511 to 148.5196and who is8.15authorized by the commissioner to use the titles in section8.16148.513. 8.17 Sec. 16. Minnesota Statutes 2002, section 148.512, 8.18 subdivision 15, is amended to read: 8.19 Subd. 15. [REGISTRANTLICENSEE.]"Registrant""Licensee" 8.20 meansa personan individual who meets the requirements of 8.21 sections 148.511 to 148.5196and is authorized by the8.22commissioner to use the titles in section 148.513. 8.23 Sec. 17. Minnesota Statutes 2002, section 148.512, 8.24 subdivision 16, is amended to read: 8.25 Subd. 16. [REGISTRATIONLICENSURE.] 8.26"Registration""Licensure" is the system of regulation defined 8.27 in section 214.001, subdivision 3, paragraph (c), and is the 8.28 process specified in sections 148.511 to 148.5196. 8.29 Sec. 18. Minnesota Statutes 2002, section 148.512, 8.30 subdivision 17, is amended to read: 8.31 Subd. 17. [SPEECH-LANGUAGE PATHOLOGIST.] "Speech-language 8.32 pathologist" means a person who practices speech-language 8.33 pathology, meets the qualifications under sections 148.511 to 8.34 148.5196, andregisters withis licensed by the commissioner. 8.35 Speech-language pathologist also means a natural person using, 8.36 as an occupational title, a term identified in section 148.513. 9.1 Sec. 19. Minnesota Statutes 2002, section 148.512, 9.2 subdivision 18, is amended to read: 9.3 Subd. 18. [SUPERVISEE.] "Supervisee" meansan individuala 9.4 person who, under the direction or evaluation of a supervisor, 9.5 is: 9.6 (1) engaging in the supervised practice of speech-language 9.7 pathology or audiology; 9.8 (2) performing a function of supervised clinical training 9.9 as a student of speech-language pathology or audiology; or 9.10 (3) performing a function of supervised postgraduate or 9.11 doctoral clinical experience in speech-language pathology or 9.12 audiology. 9.13 Sec. 20. Minnesota Statutes 2002, section 148.512, 9.14 subdivision 20, is amended to read: 9.15 Subd. 20. [SUPERVISOR.] "Supervisor" means a person who 9.16 has the authority to direct or evaluate a supervisee and whois: 9.17 (1) is aregisteredlicensed speech-language pathologist or 9.18 audiologist; or 9.19 (2) when the commissioner determines that supervision by a 9.20registeredlicensed speech-language pathologist or audiologist 9.21 as required in clause (1) is unobtainable, and in other 9.22 situations considered appropriate by the commissioner, is a 9.23 person practicing speech-language pathology or audiology who 9.24 holds a current certificate of clinical competence from the 9.25 American Speech-Language-Hearing Association or board 9.26 certification in audiology by the American Board of Audiology. 9.27 Sec. 21. Minnesota Statutes 2002, section 148.513, is 9.28 amended to read: 9.29 148.513 [LICENSURE; PROTECTED TITLES AND RESTRICTIONS ON 9.30 USE; EXEMPTIONS.] 9.31(a) A person shall not use a title relating to9.32speech-language pathology or audiology, except as provided in9.33paragraphs (b) and (c).9.34 Subdivision 1. [UNLICENSED PRACTICE PROHIBITED.] A person 9.35 must not engage in the practice of speech-language pathology or 9.36 audiology unless the person is licensed as a speech-language 10.1 pathologist or an audiologist under sections 148.511 to 148.5196. 10.2(b)Subd. 2. [PROTECTED TITLES AND RESTRICTIONS ON USE.] 10.3 Use of the following terms or initials which represent the 10.4 following terms, alone or in combination with any word or words, 10.5 by any person to form an occupational title is prohibited unless 10.6 that person isregisteredlicensed under sections 148.511 to 10.7 148.5196: 10.8 (1) speech-language; 10.9 (2) speech-language pathologist, S, SP, or SLP; 10.10 (3) speech pathologist; 10.11 (4) language pathologist; 10.12 (5) audiologist, A, or AUD; 10.13 (6) speech therapist;or10.14 (7) speech clinician; 10.15 (8) speech correctionist; 10.16 (9) language therapist; 10.17 (10) voice therapist; 10.18 (11) voice pathologist; 10.19 (12) logopedist; 10.20 (13) communicologist; 10.21 (14) aphasiologist; 10.22 (15) phoniatrist; 10.23 (16) audiometrist; 10.24 (17) audioprosthologist; 10.25 (18) hearing therapist; 10.26 (19) hearing clinician; or 10.27 (20) hearing aid audiologist. 10.28(c)Use of the term "Minnesotaregisteredlicensed" in 10.29 conjunction with the titles protected under this section by any 10.30 person is prohibited unless that person isregisteredlicensed 10.31 under sections 148.511 to 148.5196. 10.32 Subd. 3. [EXEMPTION.] (a) Nothing in sections 148.511 to 10.33 148.5196 prohibits the practice of any profession or occupation 10.34 licensed, certified, or registered by the state by any person 10.35 duly licensed, certified, or registered to practice the 10.36 profession or occupation or to perform any act that falls within 11.1 the scope of practice of the profession or occupation. 11.2 (b) Subdivision 1 does not apply to a student participating 11.3 in supervised field work or supervised course work that is 11.4 necessary to meet the requirements of section 148.515, 11.5 subdivision 2 or 3, if the person is designated by a title which 11.6 clearly indicates the person's status as a student trainee. 11.7 (c) Subdivisions 1 and 2 do not apply to a person visiting 11.8 and then leaving the state and using titles restricted under 11.9 this section while in the state, if the titles are used no more 11.10 than 30 days in a calendar year as part of a professional 11.11 activity that is limited in scope and duration and is in 11.12 association with an audiologist or speech-language pathologist 11.13 licensed under sections 148.511 to 148.5196. 11.14 Sec. 22. Minnesota Statutes 2002, section 148.514, is 11.15 amended to read: 11.16 148.514 [GENERALREGISTRATIONLICENSURE REQUIREMENTS; 11.17 PROCEDURES AND QUALIFICATIONS.] 11.18 Subdivision 1. [GENERALREGISTRATIONLICENSURE 11.19 PROCEDURES.] An applicant forregistrationlicensure must: 11.20 (1) submit an application as required under section 11.21 148.519, subdivision 1; and 11.22 (2) submit all fees required under section 148.5194. 11.23 Subd. 2. [GENERALREGISTRATIONLICENSURE QUALIFICATIONS.] 11.24 An applicant forregistrationlicensure must possess the 11.25 qualifications required in one of the following clauses: 11.26 (1) a person who applies forregistrationlicensure and 11.27 does not meet the requirements in clause (2) or (3), must meet 11.28 the requirements in section 148.515; 11.29 (2) a person who applies forregistrationlicensure and who 11.30 has a current certificate of clinical competence issued by the 11.31 American Speech-Language-Hearing Association, or board 11.32 certification by the American Board of Audiology, must meet the 11.33 requirements of section 148.516; or 11.34 (3) a person who applies forregistrationlicensure by 11.35 reciprocity must meet the requirements under section 148.517. 11.36 Sec. 23. Minnesota Statutes 2002, section 148.515, 12.1 subdivision 2, is amended to read: 12.2 Subd. 2. [MASTER'S OR DOCTORAL DEGREE REQUIRED.] (a) An 12.3 applicant must possess a master's or doctoral degree that meets 12.4 the requirements ofparagraphsparagraph (b)to (h). If 12.5 completing a doctoral program in which a master's degree has not 12.6 been conferred, an applicant must submit a transcript showing 12.7 completion of course work equivalent to, or exceeding, a 12.8 master's degree that meets the requirement of paragraph (b). 12.9 (b) All of the applicant's graduate coursework and clinical 12.10 practicum required in the professional area for which 12.11registrationlicensure is sought must have been initiated and 12.12 completed at an institution whose program was accredited by the 12.13 educational standards board of theAmerican12.14Speech-Language-Hearing AssociationCouncil on Academic 12.15 Accreditation in Audiology and Speech-Language Pathology, a body 12.16 recognized by the United States Department of Education, or an 12.17 equivalent as determined by the commissioner, in the area for 12.18 whichregistrationlicensure is sought. 12.19(c) The master's degree training must include a minimum of12.20112.5 quarter credits or 75 semester credits or their equivalent12.21of academic coursework that includes basic science coursework12.22and professional coursework.12.23(d) Applicants for registration in either speech-language12.24pathology or audiology must complete 40.5 quarter credits of the12.25112.5 quarter credits or 27 of the 75 semester credits or their12.26equivalent in basic science coursework, distributed as follows:12.27(1) nine quarter credits or six semester credits or their12.28equivalent must be in biological or physical sciences and12.29mathematics;12.30(2) nine quarter credits or six semester credits or their12.31equivalent must be in behavioral or social sciences, including12.32normal aspects of human behavior and communication; and12.33(3) 22.5 quarter credits or 15 semester credits or their12.34equivalent must be in basic human communication processes and12.35must include coursework in each of the following three areas of12.36speech, language, and hearing:13.1(i) the anatomic and physiologic bases;13.2(ii) the physical and psychophysical bases; and13.3(iii) the linguistic and psycholinguistic aspects.13.4(e) All applicants for registration must complete 5413.5quarter credits of the 112.5 quarter credits or 36 semester13.6credits of the 75 semester credits or their equivalent in13.7professional coursework. The coursework must include the13.8nature, prevention, evaluation, and treatment of speech,13.9language, and hearing disorders. The coursework must encompass13.10courses in speech, language, and hearing that concern disorders13.11primarily affecting children as well as disorders primarily13.12affecting adults. A minimum of 45 of the 54 quarter credits or13.1330 of the 36 semester credits or their equivalent must be13.14courses for which graduate credit was received. A minimum of13.1531.5 of the 45 quarter credits or 21 of the 30 semester credits13.16must be in the professional area for which registration is13.17sought.13.18(f) Applicants seeking registration as speech-language13.19pathologists must complete the following professional coursework:13.20(1) 45 quarter credits of the 54 quarter credits of the13.21professional coursework or 30 semester credits of the 3613.22semester credits of the professional coursework or their13.23equivalent must be in courses pertaining to speech-language13.24pathology and nine quarter credits of the 54 quarter credits or13.25six semester credits of the 36 semester credits or their13.26equivalent in courses in the area of audiology; and13.27(2) the 45 quarter credits or 30 semester credits or their13.28equivalent pertaining to speech-language pathology must include13.29at least nine quarter credits or six semester credits or their13.30equivalent in speech disorders and nine quarter credits or six13.31semester credits or their equivalent in language disorders. The13.32nine quarter credits or six semester credits or their equivalent13.33in the area of audiology must include at least 4.5 quarter13.34credits or three semester credits or their equivalent in hearing13.35disorders and hearing evaluation and 4.5 quarter credits or13.36three semester credits or their equivalent in habilitative and14.1rehabilitative procedures.14.2(g) Applicants seeking registration as an audiologist must14.3complete professional coursework as follows:14.4(1) 45 quarter credits of the 54 quarter credits or 3014.5semester credits of the 36 semester credits or their equivalent14.6of coursework must be in audiology. At least nine quarter14.7credits of the 45 quarter credits or six semester credits of the14.830 semester credits in audiology must be in hearing disorders14.9and hearing evaluation and at least nine quarter credits or six14.10semester credits or their equivalent must be in habilitative or14.11rehabilitative procedures with individuals who have hearing14.12impairment; and14.13(2) nine quarter credits of the 54 quarter credits or six14.14semester credits of the 36 semester credits or their equivalent14.15in the area of speech-language pathology. At least 4.5 quarter14.16credits of the nine quarter credits or three semester credits of14.17the six semester credits must be in speech disorders and at14.18least 4.5 quarter credits of the nine quarter credits or three14.19semester credits of the six semester credits must be in language14.20disorders. This coursework in speech-language pathology must14.21concern the nature, prevention, evaluation, and treatment of14.22speech and language disorders not associated with hearing14.23impairment.14.24(h) Of the professional coursework required in paragraphs14.25(f) and (g), no more than nine quarter credits or six semester14.26credits or their equivalent associated with clinical training14.27may be counted toward the minimum of 54 quarter credits or 3614.28semester credits or their equivalent of professional coursework.14.29However, those hours may not be used to satisfy the minimum of14.30nine quarter credits or six semester credit hours in hearing14.31disorders or evaluation, nine quarter credits or six semester14.32credits in habilitative or rehabilitative procedures, or nine14.33quarter credits or six semester credits in speech-language14.34pathology.14.35 Sec. 24. Minnesota Statutes 2002, section 148.515, 14.36 subdivision 4, is amended to read: 15.1 Subd. 4. [SUPERVISEDPOSTGRADUATEGRADUATE OR DOCTORAL 15.2 CLINICAL EXPERIENCE REQUIRED.](a)An applicant must completeno15.3less than nine months or its equivalent of full-time supervised15.4postgraduate clinical experience according to paragraphs (b) to15.5(h)the graduate or doctoral clinical experience required by the 15.6 American Speech-Language-Hearing Association, the American Board 15.7 of Audiology, or an equivalent, as determined by the 15.8 commissioner, and must achieve a qualifying examination score on 15.9 the National Examination in Speech-Language Pathology or 15.10 Audiology. 15.11(b) Supervision in the postgraduate clinical experience15.12includes both on-site observation and other monitoring15.13activities. On-site observation must involve the supervisor,15.14the supervisee, and the client receiving speech-language15.15pathology or audiology services. On-site observation must15.16include direct observation by the supervisor of treatment given15.17by the supervisee. Other monitoring activities may be executed15.18by correspondence and include, but are not limited to,15.19conferences with the supervisee, evaluation of written reports,15.20and evaluations by professional colleagues. Other monitoring15.21activities do not include the client receiving speech-language15.22pathology or audiology services but must involve direct or15.23indirect evaluative contact by the supervisor of the supervisee.15.24(c) The applicant must, as part of the postgraduate15.25clinical experience, be supervised by an individual who meets15.26the definition of section 148.512, subdivision 20, and:15.27(1) when registration as a speech-language pathologist is15.28sought, is a registered speech-language pathologist or hold a15.29current certificate of clinical competence in speech-language15.30pathology from the American Speech-Language-Hearing Association;15.31and15.32(2) when registration as an audiologist is sought, is a15.33registered audiologist or hold a current certificate of clinical15.34competence in audiology from the American15.35Speech-Language-Hearing Association.15.36(d) The applicant may not begin the postgraduate clinical16.1experience until the applicant has completed the academic16.2coursework and clinical training in subdivisions 2 and 3.16.3(e) To be considered full time, at least 30 hours per week16.4must be spent over a nine-month period in clinical work.16.5Equivalent time periods may include part-time professional16.6employment as follows:16.7(1) 12 months of at least 25 hours per week;16.8(2) 15 months of at least 20 hours per week; or16.9(3) 18 months of at least 15 hours per week.16.10(f) The applicant's postgraduate clinical experience must16.11include direct clinical experience with patients, consultations,16.12report writing, record keeping, or other duties relevant to16.13clinical work. A minimum of 80 percent of the clinical16.14experience must be in direct contact with persons who have16.15communication handicaps. If the applicant uses part-time16.16employment to fulfill the postgraduate clinical experience16.17requirement, all of the minimum required hours of the part-time16.18work week requirement must be spent in direct professional16.19experience.16.20(g) The applicant must complete the postgraduate clinical16.21experience within a maximum of 36 consecutive months and must be16.22supervised in no less than 36 activities, including 18 one-hour16.23on-site observations. A maximum of six hours can be accrued in16.24one day. A minimum of six one-hour on-site observations must be16.25accrued during each one-third of the experience.16.26(h) The applicant must complete 18 other monitored16.27activities and complete at least one monitored activity each16.28month of the postgraduate clinical experience. Alternatives to16.29on-site observation and monitoring activities include activities16.30supervised by correspondence, evaluation of written reports, and16.31evaluations by professional colleagues.16.32 Sec. 25. Minnesota Statutes 2002, section 148.516, is 16.33 amended to read: 16.34 148.516 [REGISTRATIONLICENSURE BY EQUIVALENCY.] 16.35 An applicant who applies forregistrationlicensure by 16.36 equivalency must show evidence of possessing a current 17.1 certificate of clinical competence issued by the American 17.2 Speech-Language-Hearing Association or board certification by 17.3 the American Board of Audiology and must meet the requirements 17.4 of section 148.514. 17.5 Sec. 26. Minnesota Statutes 2002, section 148.5161, is 17.6 amended to read: 17.7 148.5161 [TEMPORARY REGISTRATIONCLINICAL FELLOWSHIP 17.8 LICENSURE OR DOCTORAL EXTERNSHIP LICENSURE.] 17.9 Subdivision 1. [APPLICATION.] The commissioner shall issue 17.10temporary registrationclinical fellowship licensure or doctoral 17.11 externship licensure as a speech-language pathologist or 17.12 audiologist to an applicant who has applied forregistration17.13 licensure under section 148.515, who is not the subject of a 17.14 disciplinary action or past disciplinary action, and who has not 17.15 violated a provision of section 148.5195, subdivision 3. 17.16 Subd. 2. [PROCEDURES.] To be eligible fortemporary17.17registrationclinical fellowship licensure or doctoral 17.18 externship licensure, an applicant must submit an application 17.19 form provided by the commissioner, the fees required by section 17.20 148.5194, and evidence of successful completion of the 17.21 requirements in section 148.515,subdivisionssubdivision 2and17.223. 17.23 Subd. 3. [SUPERVISION REQUIRED.] (a) Atemporary17.24registrantclinical fellowship licensee or doctoral externship 17.25 licensee must practice under the supervision of an individual 17.26 who meets the requirements of section 148.512, subdivision 20. 17.27 Supervision must conform to the requirements in paragraphs (b) 17.28 to(g)(e). 17.29 (b) Supervision must include both on-site observation and 17.30 other monitoring activities. On-site observation must involve 17.31 the supervisor, thesuperviseeclinical fellowship licensee or 17.32 doctoral externship licensee, and the client receiving 17.33 speech-language pathology or audiology services and must include 17.34 direct observation by the supervisor of treatment given by the 17.35superviseeclinical fellowship licensee or doctoral externship 17.36 licensee. Other monitoring activities must involve direct or 18.1 indirect evaluative contact by the supervisor of thesupervisee18.2 clinical fellowship licensee or doctoral externship licensee, 18.3 may be executed by correspondence, and may include, but are not 18.4 limited to, conferences with thesuperviseeclinical fellowship 18.5 licensee or doctoral externship licensee, evaluation of written 18.6 reports, and evaluations by professional colleagues. Other 18.7 monitoring activities do not include the client receiving 18.8 speech-language pathology or audiology services. 18.9 (c) Thetemporary registrantclinical fellowship licensee 18.10 or doctoral externship licensee must be supervised by an 18.11 individual who meets the definition of section 148.512, 18.12 subdivision 20, and: 18.13 (1) when thetemporary registrantclinical fellowship 18.14 licensee or doctoral externship licensee is a speech-language 18.15 pathologist, is aregisteredlicensed speech-language 18.16 pathologist, or holds a current certificate of clinical 18.17 competence in speech-language pathology from the American 18.18 Speech-Language-Hearing Association;andor 18.19 (2) when thetemporary registrantclinical fellowship 18.20 licensee or doctoral externship licensee is an audiologist, is a 18.21registeredlicensed audiologist, or holds a current certificate 18.22 of clinical competence in audiology from the American 18.23 Speech-Language-Hearing Association or board certification in 18.24 audiology by the American Board of Audiology. 18.25 (d)Temporary registrationClinical fellowship licensure or 18.26 doctoral externship licensure shall not be granted until the 18.27 applicant has completed the academic coursework and clinical 18.28 training in section 148.515,subdivisionssubdivision 2and 3. 18.29 (e)The temporary registrant must be supervised in no less18.30than 36 activities, including 18 one-hour on-site observations.18.31A maximum of six hours may be accrued in one day. A minimum of18.32six one-hour on-site observations must be accrued during each18.33one-third of the experience.18.34(f) The temporary registrant must complete 18 other18.35monitored activities and complete at least one monitored18.36activity each month.19.1(g)Thetemporary registrantclinical fellowship licensee 19.2 or doctoral externship licensee must provide verification of 19.3 supervision on the application form provided by the commissioner. 19.4 Subd. 4. [DOCTORAL EXTERNSHIP LICENSURE.] Doctoral 19.5 candidates in audiology completing their final externship as 19.6 part of their training program are eligible to receive a 19.7 provisional license in audiology and are not required to 19.8 complete the postgraduate clinical fellowship year. 19.9 Subd. 5. [EXPIRATION OFTEMPORARY REGISTRATIONCLINICAL 19.10 FELLOWSHIP OR DOCTORAL EXTERNSHIP LICENSURE.] Atemporary19.11registrationclinical fellowship license or doctoral externship 19.12 license issued to a person pursuant to subdivision 2 expires 18 19.13 months after issuance or on the date the commissioner grants or 19.14 deniesregistrationlicensure, whichever occurs first. Upon 19.15 application, atemporary registrationclinical fellowship 19.16 license or doctoral externship license shall be renewed once to 19.17 persons who have not met the supervised postgraduate clinical 19.18 experience requirement under section 148.515, subdivision 4, 19.19 within the initialtemporary registrationclinical fellowship 19.20 license or doctoral externship license period and meet the 19.21 requirements of subdivision 1. 19.22 Subd.56. [TITLE USED.] Atemporary registrantlicensee 19.23 with a clinical fellowship or doctoral externship shall be 19.24 identified by one of the protected titles and a designation 19.25 indicating clinical fellowship status. 19.26 Sec. 27. Minnesota Statutes 2002, section 148.517, is 19.27 amended to read: 19.28 148.517 [REGISTRATIONLICENSURE BY RECIPROCITY.] 19.29 Subdivision 1. [APPLICABILITY.] An applicant who applies 19.30 forregistrationlicensure as a speech-language pathologist or 19.31 audiologist by reciprocity must meet the requirements of 19.32 subdivisions 2 and 3. 19.33 Subd. 2. [CURRENT CREDENTIALS REQUIRED.] An applicant 19.34 applying forregistrationlicensure by reciprocity must provide 19.35 evidence to the commissioner that the applicant holds a current 19.36 and unrestricted credential for the practice of speech-language 20.1 pathology or audiology in another jurisdiction that has 20.2 requirements equivalent to or higher than those in effect for 20.3 determining whether an applicant in this state is qualified to 20.4 beregisteredlicensed as a speech-language pathologist or 20.5 audiologist. An applicant who provides sufficient evidence need 20.6 not meet the requirements of section 148.515, provided that the 20.7 applicant otherwise meets all other requirements of section 20.8 148.514. 20.9 Subd. 3. [VERIFICATION OF CREDENTIALS REQUIRED.] An 20.10 applicant forregistrationlicensure by reciprocity under 20.11 subdivision 2, must have maintained the appropriategovernment20.12bodyand unrestricted credentials in each jurisdictionin which20.13the applicant holds a credential submit lettersduring the last 20.14 five years as demonstrated by submitting letters of verification 20.15 to the commissioner. Each letter must state the applicant's 20.16 name, date of birth, credential number, date of issuance, a 20.17 statement regarding disciplinary actions, if any, taken against 20.18 the applicant, and the terms under which the credential was 20.19 issued. 20.20 Subd. 4. [TEMPORARYREGISTRATIONLICENSURE.] (a) The 20.21 commissioner shall issue temporaryregistrationlicensure as a 20.22 speech-language pathologist, an audiologist, or both, to an 20.23 applicant who has applied forregistrationlicensure underthis20.24 section 148.515, 148.516, 148.517, or 148.518, subdivisions 1 20.25 and 2, and who: 20.26 (1) submits a signed and dated affidavit stating that the 20.27 applicant is not the subject of a disciplinary action or past 20.28 disciplinary action in this or another jurisdiction and is not 20.29 disqualified on the basis of section 148.5195, subdivision 3; 20.30 and 20.31 (2) either: 20.32 (i) provides a copy of a current credential as a 20.33 speech-language pathologist, an audiologist, or both, held in 20.34 the District of Columbia or a state or territory of the United 20.35 States; or 20.36 (ii) provides a copy of a current certificate of clinical 21.1 competence issued by the American Speech-Language-Hearing 21.2 Association orits equivalentboard certification in audiology 21.3 by the American Board of Audiology. 21.4 (b) A temporaryregistrationlicense issued to a person 21.5 under this subdivision expires 90 days after it is issued or on 21.6 the date the commissioner grants or deniesregistration21.7 licensure, whichever occurs first. 21.8 (c) Upon application, a temporaryregistrationlicense 21.9 shall be renewed once to a person who is able to demonstrate 21.10 good cause for failure to meet the requirements forregistration21.11 licensure within the initial temporaryregistrationlicensure 21.12 period and who is not the subject of a disciplinary action or 21.13 disqualified on the basis of section 148.5195, subdivision 3. 21.14 Sec. 28. Minnesota Statutes 2002, section 148.518, is 21.15 amended to read: 21.16 148.518 [REGISTRATIONLICENSURE FOLLOWING LAPSE OF 21.17REGISTEREDLICENSURE STATUS.] 21.18Subdivision 1. [LAPSE OF THREE YEARS OR LESS.]For an 21.19 applicant whoseregisteredlicensure status has lapsedfor three21.20years or less, the applicant must: 21.21 (1) apply forregistrationlicensure renewal according to 21.22 section 148.5191 and document compliance with the continuing 21.23 education requirements of section 148.5193 since the applicant's 21.24registrationlicense lapsed;or21.25 (2) fulfill the requirements of section 148.517.; or 21.26Subd. 2. [LAPSE OF MORE THAN THREE YEARS.] For an21.27applicant whose registered status has lapsed for more than three21.28years, the applicant must:21.29(1) apply for registration renewal according to section21.30148.5191 and obtain a qualifying score on the examination21.31described in section 148.515, subdivision 5, within one year of21.32the application date for registration renewal;21.33(2) apply for renewal according to section 148.5191,21.34provide evidence to the commissioner that the applicant holds a21.35current and unrestricted credential for the practice of21.36speech-language pathology from the Minnesota board of teaching22.1or for the practice of speech-language pathology or audiology in22.2another jurisdiction and provide evidence that the applicant's22.3credential from the Minnesota board of teaching or another22.4jurisdiction has been held in good standing during the period of22.5lapse;22.6 (3) apply for renewal according to section 148.5191and22.7submit documentation of having completed a combination of22.8speech-language pathology or audiology courses or a22.9speech-language pathology or audiology refresher program that22.10contains both a theoretical and clinical component preapproved22.11or approved by the commissioner. Only courses completed within22.12one year preceding the date of the application or one year after22.13the date of the application will qualify for approval; or22.14(4) apply for renewal according to section 148.5191 and22.15submit proof of successful completion and verified documentation22.16of 160 hours of supervised practice approved by the22.17commissioner. To participate in a supervised practice, the22.18applicant shall first apply and obtain temporary registration22.19according to section 148.5161, provide evidence to the 22.20 commissioner that the applicant holds a current and unrestricted 22.21 credential for the practice of speech-language pathology from 22.22 the Minnesota board of teaching or for the practice of 22.23 speech-language pathology or audiology in another jurisdiction 22.24 that has requirements equivalent to or higher than those in 22.25 effect for Minnesota, and provide evidence of compliance with 22.26 Minnesota board of teaching or that jurisdiction's continuing 22.27 education requirements. 22.28 Sec. 29. Minnesota Statutes 2002, section 148.519, is 22.29 amended to read: 22.30 148.519 [REGISTRATIONLICENSURE PROCEDURES.] 22.31 Subdivision 1. [APPLICATIONS FORREGISTRATIONLICENSURE.] 22.32 (a) An applicant forregistrationlicensure must: 22.33 (1) submit a completed application forregistration22.34 licensure on forms provided by the commissioner. The 22.35 application must include the applicant's name, certification 22.36 number under chapter 153A, if applicable, business address and 23.1 telephone number, or home address and telephone number if the 23.2 applicant practices speech-language pathology or audiology out 23.3 of the home, and a description of the applicant's education, 23.4 training, and experience, including previous work history for 23.5 the five years immediately preceding the date of application. 23.6 The commissioner may ask the applicant to provide additional 23.7 information necessary to clarify information submitted in the 23.8 application; and 23.9 (2) submit documentation of the certificate of clinical 23.10 competence issued by the American Speech-Language-Hearing 23.11 Association, board certification by the American Board of 23.12 Audiology, or satisfy the following requirements: 23.13(2)(i) submit a transcript showing the completion of a 23.14 master's or doctoral degree or its equivalent meeting the 23.15 requirements of section 148.515, subdivision 2; 23.16(3)(ii) submit documentation of the required hours of 23.17 supervised clinical trainingmeeting the requirements of section23.18148.515, subdivision 3; 23.19(4)(iii) submit documentation of the postgraduate clinical 23.20 or doctoral clinical experience meeting the requirements of 23.21 section 148.515, subdivision 4; and 23.22(5)(iv) submit documentation of receiving a qualifying 23.23 score on an examination meeting the requirements of section 23.24 148.515, subdivision 5;. 23.25 (b) In addition, an applicant must: 23.26(6)(1) sign a statement that the information in the 23.27 application is true and correct to the best of the applicant's 23.28 knowledge and belief; 23.29(7)(2) submit with the application all fees required by 23.30 section 148.5194; and 23.31(8)(3) sign a waiver authorizing the commissioner to 23.32 obtain access to the applicant's records in this or any other 23.33 state in which the applicant has engaged in the practice of 23.34 speech-language pathology or audiology. 23.35 Subd. 2. [ACTION ON APPLICATIONS FORREGISTRATION23.36 LICENSURE.] (a) The commissioner shall act on an application for 24.1registrationlicensure according to paragraphs (b) to (d). 24.2 (b) The commissioner shall determine if the applicant meets 24.3 the requirements forregistrationlicensure. The commissioner 24.4 or advisory council may investigate information provided by an 24.5 applicant to determine whether the information is accurate and 24.6 complete. 24.7 (c) The commissioner shall notify an applicant, via 24.8 certified mail, of action taken on the application and of the 24.9 grounds for denyingregistrationlicensure ifregistration24.10 licensure is denied. 24.11 (d) An applicant deniedregistrationlicensure may make a 24.12 written request to the commissioner, within 30 days of the date 24.13 of notification to the applicant,to appear before the advisory24.14council and for the advisory council to review the24.15commissioner's decision to deny the applicant's registration.24.16After reviewing the denial, the advisory council shall make a24.17recommendation to the commissioner as to whether the denial24.18should be affirmed. An applicant is allowed no more than one24.19request for a review of denial of registration in any one24.20registration renewal periodfor reconsideration of the denial. 24.21 Individuals requesting reconsideration may submit information 24.22 that the applicant wants considered in the reconsideration. 24.23 After reconsideration of the commissioner's determination to 24.24 deny licensure, the commissioner shall determine whether the 24.25 original determination should be affirmed or modified. An 24.26 applicant may make only one request in any one biennial license 24.27 period for reconsideration of the commissioner's determination 24.28 to deny licensure. 24.29 Subd. 3. [CHANGE OF ADDRESS.] A licensee who changes 24.30 addresses must inform the commissioner, in writing, of the 24.31 change of address within 30 days. All notices or other 24.32 correspondence mailed to or served on a licensee by the 24.33 commissioner at the licensee's address on file with the 24.34 commissioner shall be considered as having been received by the 24.35 licensee. 24.36 Sec. 30. Minnesota Statutes 2002, section 148.5191, is 25.1 amended to read: 25.2 148.5191 [REGISTRATIONLICENSURE RENEWAL.] 25.3 Subdivision 1. [RENEWAL REQUIREMENTS.] To renew 25.4registrationlicensure, an applicant must: 25.5 (1) biennially complete a renewal application on a form 25.6 provided by the commissioner and submit the biennial renewal 25.7 fee; 25.8 (2) meet the continuing education requirements of section 25.9 148.5193 and submit evidence of attending continuing education 25.10 courses, as required in section 148.5193, subdivision 6; and 25.11 (3) submit additional information if requested by the 25.12 commissioner to clarify information presented in the renewal 25.13 application. The information must be submitted within 30 days 25.14 after the commissioner's request. 25.15 Subd. 2. [LATE FEE.] An application submitted after the 25.16 renewal deadline date must be accompanied by a late fee as 25.17 provided in section 148.5194, subdivision 4. 25.18 Subd. 3. [REGISTRATIONLICENSURE RENEWAL NOTICE.] 25.19RegistrationLicensure renewal is on a biennial basis. At least 25.20 60 days before theregistrationlicensure expiration date, the 25.21 commissioner shall send out a renewal notice to theregistrant's25.22 licensee's last known address. The notice shall include a 25.23 renewal application and notice of fees required for renewal. If 25.24 theregistrantlicensee does not receive the renewal notice, the 25.25registrantlicensee is still required to meet the deadline for 25.26 renewal to qualify for continuousregisteredlicensure status. 25.27 Subd. 4. [RENEWAL DEADLINE.] Eachregistration certificate25.28 license, including a temporaryregistration certificatelicense 25.29 provided under section 148.5161, must state an expiration date. 25.30 An application forregistrationlicensure renewal must be 25.31 received by the department of health or postmarked at least 30 25.32 days before the expiration date. If the postmark is illegible, 25.33 the application shall be considered timely if received at least 25.34 21 days before the expiration date. 25.35 When the commissioner establishes the renewal schedule for 25.36 an applicant,registrantlicensee, or temporaryregistrant26.1 licensee, if the period before the expiration date is less than 26.2 two years, the fee shall be prorated. 26.3 Sec. 31. Minnesota Statutes 2002, section 148.5193, 26.4 subdivision 1, is amended to read: 26.5 Subdivision 1. [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 26.6 applicant forregistrationlicensure renewal must meet the 26.7 requirements for continuing educationaccording tostipulated by 26.8 the American Speech-Language-Hearing Association or the American 26.9 Board of Audiology, or satisfy the requirements described in 26.10 paragraphs (b) to (e). 26.11 (b) An applicant forregistrationlicensure renewal as 26.12 either a speech-language pathologist or an audiologist must 26.13 provide evidence to the commissioner of a minimum of 30 contact 26.14 hours of continuing education offered by a continuing education 26.15 sponsor within the two years immediately precedingregistration26.16 licensure renewal. A minimum of 20 contact hours of continuing 26.17 education must be directly related to theregistrant's26.18 licensee's area ofregistrationlicensure. Ten contact hours of 26.19 continuing education may be in areas generally related to the 26.20registrant'slicensee's area ofregistrationlicensure. 26.21 (c) An applicant forregistrationlicensure renewal as both 26.22 a speech-language pathologist and an audiologist must attest to 26.23 and document completion of a minimum of 36 contact hours of 26.24 continuing education offered by a continuing education sponsor 26.25 within the two years immediately precedingregistration26.26 licensure renewal. A minimum of 15 contact hours must be 26.27 received in the area of speech-language pathology and a minimum 26.28 of 15 contact hours must be received in the area of audiology. 26.29 Six contact hours of continuing education may be in areas 26.30 generally related to theregistrant'slicensee's areas of 26.31registrationlicensure. 26.32 (d) If theregistrantlicensee is licensed by the board of 26.33 teaching: 26.34 (1) activities that are approved in the categories of 26.35 Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 26.36 that relate to speech-language pathology, shall be considered: 27.1 (i) offered by a sponsor of continuing education; and 27.2 (ii) directly related to speech-language pathology; 27.3 (2) activities that are approved in the categories of 27.4 Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 27.5 (i) offered by a sponsor of continuing education; and 27.6 (ii) generally related to speech-language pathology; and 27.7 (3) one clock hour as defined in Minnesota Rules, part 27.8 8700.1000, subpart 1, is equivalent to1.21.0 contact hours of 27.9 continuing education. 27.10 (e) Contact hours cannot be accumulated in advance and 27.11 transferred to a future continuing education period. 27.12 Sec. 32. Minnesota Statutes 2002, section 148.5193, 27.13 subdivision 4, is amended to read: 27.14 Subd. 4. [EARNING CONTINUING EDUCATION CONTACT HOURS 27.15 THROUGH CONTACT HOUR EQUIVALENTS.] (a) Aregistrantlicensee who 27.16 teaches continuing education courses or presents or publishes 27.17 for educational purposes may obtain contact hour equivalents 27.18 according to paragraphs (b) to (d). 27.19 (b) The sponsor of the course must meet the requirements of 27.20 subdivision 2. 27.21 (c) Aregistrantlicensee may not obtain more than six 27.22 contact hours in any two-year continuing education period by 27.23 teaching continuing education courses. 27.24 (d) Aregistrantlicensee may obtain two contact hours for 27.25 each hour spent teaching a course. Contact hours may be claimed 27.26 only once for teaching the same course in any two-year 27.27 continuing education period. 27.28 Sec. 33. Minnesota Statutes 2002, section 148.5193, 27.29 subdivision 6, is amended to read: 27.30 Subd. 6. [RECORDS OF ATTENDANCE.] (a) Aregistrant27.31 licensee must maintain for four years records of attending the 27.32 continuing education contact hours required forregistration27.33 licensure renewal. 27.34 (b) An applicant forregistrationlicensure renewal must 27.35 submit documentation demonstrating compliance with continuing 27.36 education requirements of the American Speech-Language-Hearing 28.1 Association on the American Board of Audiology or an equivalent, 28.2 or the following information on a form provided by the 28.3 commissioner: the sponsoring organization, the dates of the 28.4 course, the course name, the number of contact hours completed, 28.5 and the name and signature of theregistrantlicensee. The form 28.6 must be submitted with the renewal application under section 28.7 148.5191, subdivision 1. 28.8 Sec. 34. Minnesota Statutes 2002, section 148.5193, 28.9 subdivision 6a, is amended to read: 28.10 Subd. 6a. [VERIFICATION OF ATTENDANCE.] An applicant 28.11 forregistrationlicensure renewal must submit verification of 28.12 attendance as follows: 28.13 (1) a certificate of attendance from the sponsor with the 28.14 continuing education course name, course date, andregistrant's28.15 licensee's name. If a certificate is not available, the 28.16 commissioner may accept other evidence of attendance such as a 28.17 confirmation or statement of registration for regional or 28.18 national annual conferences or conventions of professional 28.19 associations, a copy of the continuing education courses 28.20 indicating those attended, and an affidavit of attendance; 28.21 (2) a copy of a record of attendance from the sponsor of 28.22 the continuing education course; 28.23 (3) a signature of the presenter or a designee at the 28.24 continuing education activity on the continuing education report 28.25 form; 28.26 (4) a summary or outline of the educational content of an 28.27 audio or video educational activity if a designee is not 28.28 available to sign the continuing education report form; 28.29 (5) for self-study programs, a certificate of completion or 28.30 other documentation indicating that the individual has 28.31 demonstrated knowledge and has successfully completed the 28.32 program;andor 28.33 (6) for attendance at a university, college, or vocational 28.34 course, an official transcript. 28.35 Sec. 35. Minnesota Statutes 2002, section 148.5193, 28.36 subdivision 7, is amended to read: 29.1 Subd. 7. [VERIFICATION OF CONTINUING EDUCATION REPORTS.] 29.2 The commissioner may request aregistrantlicensee or continuing 29.3 education sponsor to verify the continuing education to which 29.4 theregistrantlicensee attested. Documentation may come 29.5 directly from theregistrantlicensee, the continuing education 29.6 sponsor, or from a national accrediting or certifying 29.7 organization which maintains the records. 29.8 Sec. 36. Minnesota Statutes 2002, section 148.5193, 29.9 subdivision 8, is amended to read: 29.10 Subd. 8. [WAIVER OF CONTINUING EDUCATION REQUIREMENTS.] 29.11 The commissioner may grant a waiver of the requirements of this 29.12 section in cases where the requirements would impose an undue 29.13 burden on theregistrantlicensee. Aregistrantlicensee must 29.14 request in writing a waiver of the requirements of this 29.15 section. The request for a waiver must cite this section, the 29.16 reasons for requesting the waiver, the period of time 29.17 theregistrantlicensee wishes to have the continuing education 29.18 requirement waived, and the alternative measures that will be 29.19 taken if a waiver is granted. The commissioner shall set forth, 29.20 in writing, the reasons for granting or denying the waiver. 29.21 Waivers granted by the commissioner shall specify in writing the 29.22 time limitation and required alternative measures to be taken by 29.23 theregistrantlicensee. 29.24 Sec. 37. Minnesota Statutes 2002, section 148.5194, 29.25 subdivision 1, is amended to read: 29.26 Subdivision 1. [FEE PRORATION.] The commissioner shall 29.27 prorate theregistrationlicensure fee for clinical fellowship, 29.28 doctoral externship, temporary, and first timeregistrants29.29 licensees according to the number of months that have elapsed 29.30 between the dateregistrationthe license is issued and the date 29.31registrationthe license must be renewed under section 148.5191, 29.32 subdivision 4. 29.33 Sec. 38. Minnesota Statutes 2002, section 148.5194, 29.34 subdivision 2, is amended to read: 29.35 Subd. 2. [BIENNIALREGISTRATIONLICENSURE FEE.] The fee 29.36 for initialregistrationlicensure and biennialregistration30.1 licensure, temporaryregistrationlicensure, or renewal is $200. 30.2 Sec. 39. Minnesota Statutes 2002, section 148.5194, 30.3 subdivision 3, is amended to read: 30.4 Subd. 3. [BIENNIALREGISTRATIONLICENSURE FEE FOR DUAL 30.5REGISTRATIONLICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST AND 30.6 AUDIOLOGIST.] The fee for initialregistrationlicensure and 30.7 biennialregistrationlicensure, clinical fellowship, doctoral 30.8 externship, temporaryregistrationlicense, or renewal is $200. 30.9 Sec. 40. Minnesota Statutes 2002, section 148.5194, 30.10 subdivision 3a, is amended to read: 30.11 Subd. 3a. [SURCHARGE FEE.] Notwithstanding section 30.12 16A.1285, subdivision 2, for a period of four years following 30.13 July 1, 1999, an applicant forregistrationlicensure or 30.14registrationlicensure renewal must pay a surcharge fee of $25 30.15 in addition to any other fees due uponregistrationlicensure or 30.16registrationlicensure renewal. This subdivision expires June 30.17 30, 2003. 30.18 Sec. 41. Minnesota Statutes 2002, section 148.5195, 30.19 subdivision 2, is amended to read: 30.20 Subd. 2. [RIGHTS OF APPLICANTS ANDREGISTRANTSLICENSEES.] 30.21 The rights of an applicant deniedregistrationlicensure are 30.22 stated in section 148.519, subdivision 2, paragraph (d). 30.23 Aregistrantlicensee shall not be subjected to disciplinary 30.24 action under this section without first having an opportunity 30.25 for a contested case hearing under chapter 14. 30.26 Sec. 42. Minnesota Statutes 2002, section 148.5195, 30.27 subdivision 3, is amended to read: 30.28 Subd. 3. [GROUNDS FOR DISCIPLINARY ACTION BY 30.29 COMMISSIONER.] The commissioner may take any of the disciplinary 30.30 actions listed in subdivision 4 on proof that the individual has: 30.31 (1) intentionally submitted false or misleading information 30.32 to the commissioner or the advisory council; 30.33 (2) failed, within 30 days, to provide information in 30.34 response to a written request, via certified mail, by the 30.35 commissioner or advisory council; 30.36 (3) performed services of a speech-language pathologist or 31.1 audiologist in an incompetent or negligent manner; 31.2 (4) violated sections 148.511 to 148.5196; 31.3 (5) failed to perform services with reasonable judgment, 31.4 skill, or safety due to the use of alcohol or drugs, or other 31.5 physical or mental impairment; 31.6 (6) violated any state or federal law, rule, or regulation, 31.7 and the violation is a felony or misdemeanor, an essential 31.8 element of which is dishonesty, or which relates directly or 31.9 indirectly to the practice of speech-language pathology or 31.10 audiology. Conviction for violating any state or federal law 31.11 which relates to speech-language pathology or audiology is 31.12 necessarily considered to constitute a violation, except as 31.13 provided in chapter 364; 31.14 (7) aided or abetted another person in violating any 31.15 provision of sections 148.511 to 148.5196; 31.16 (8) been or is being disciplined by another jurisdiction, 31.17 if any of the grounds for the discipline is the same or 31.18 substantially equivalent to those under sections 148.511 to 31.19 148.5196; 31.20 (9) not cooperated with the commissioner or advisory 31.21 council in an investigation conducted according to subdivision 31.22 1; 31.23 (10) advertised in a manner that is false or misleading; 31.24 (11) engaged in conduct likely to deceive, defraud, or harm 31.25 the public; or demonstrated a willful or careless disregard for 31.26 the health, welfare, or safety of a client; 31.27 (12) failed to disclose to the consumer any fee splitting 31.28 or any promise to pay a portion of a fee to any other 31.29 professional other than a fee for services rendered by the other 31.30 professional to the client; 31.31 (13) engaged in abusive or fraudulent billing practices, 31.32 including violations of federal Medicare and Medicaid laws, Food 31.33 and Drug Administration regulations, or state medical assistance 31.34 laws; 31.35 (14) obtained money, property, or services from a consumer 31.36 through the use of undue influence, high pressure sales tactics, 32.1 harassment, duress, deception, or fraud; 32.2 (15) performed services for a client who had no possibility 32.3 of benefiting from the services; 32.4 (16) failed to refer a client for medical evaluation or to 32.5 other health care professionals when appropriate or when a 32.6 client indicated symptoms associated with diseases that could be 32.7 medically or surgically treated; 32.8 (17) if the individual is a dispenser of hearing 32.9 instruments as defined by section 153A.13, subdivision 5, had 32.10 the certification required by chapter 153A, denied, suspended, 32.11 or revoked according to chapter 153A; or 32.12 (18) used the term doctor of audiology, doctor of 32.13 speech-language pathology, AuD, or SLPD without having obtained 32.14 the degree from an institution accredited by the North Central 32.15 Association of Colleges and Secondary Schoolsor the American32.16Speech-Language-Hearing Association, the Council on Academic 32.17 Accreditation in Audiology and Speech-Language Pathology, the 32.18 United States Department of Education, or an equivalent. 32.19 Sec. 43. Minnesota Statutes 2002, section 148.5195, 32.20 subdivision 4, is amended to read: 32.21 Subd. 4. [DISCIPLINARY ACTIONS.] If the commissioner finds 32.22 that an individual should be disciplined according to 32.23 subdivision 3, the commissioner may take any one or more of the 32.24 following actions: 32.25 (1) refuse to grant or renewregistrationlicensure; 32.26 (2) suspendregistrationlicensure for a period not 32.27 exceeding one year; 32.28 (3) revokeregistrationlicensure; or 32.29 (4) take any reasonable lesser action against an individual 32.30 upon proof that the individual has violated sections 148.511 to 32.31 148.5196; or 32.32 (5) impose, for each violation, a civil penalty not 32.33 exceeding $10,000 that deprives the licensee of any economic 32.34 advantage gained by the violation and that reimburses the 32.35 department of health for costs of the investigation and 32.36 proceedings resulting in disciplinary action, including the 33.1 amount paid for services of the administrative hearings, the 33.2 amount paid for services of the office of the attorney general, 33.3 attorney fees, court reporters, witnesses, reproduction of 33.4 records, advisory council members' per diem compensation, 33.5 department staff time, and expenses incurred by advisory council 33.6 members and department staff. 33.7 Sec. 44. Minnesota Statutes 2002, section 148.5195, 33.8 subdivision 5, is amended to read: 33.9 Subd. 5. [CONSEQUENCES OF DISCIPLINARY ACTIONS.] Upon the 33.10 suspension or revocation ofregistrationlicensure, the 33.11 speech-language pathologist or audiologist shall cease to 33.12 practice speech-language pathology or audiology, to use titles 33.13 protected under sections 148.511 to 148.5196, andshall ceaseto 33.14 represent to the public that the speech-language pathologist or 33.15 audiologist isregisteredlicensed by the commissioner. 33.16 Sec. 45. Minnesota Statutes 2002, section 148.5195, 33.17 subdivision 6, is amended to read: 33.18 Subd. 6. [REINSTATEMENT REQUIREMENTS AFTER DISCIPLINARY 33.19 ACTION.] A speech-language pathologist or audiologist who has 33.20 hadregistrationlicensure suspended may petition on forms 33.21 provided by the commissioner for reinstatement following the 33.22 period of suspension specified by the commissioner. The 33.23 requirements of section 148.5191 for renewingregistration33.24 licensure must be met beforeregistrationlicensure may be 33.25 reinstated. 33.26 Sec. 46. Minnesota Statutes 2002, section 148.5196, is 33.27 amended to read: 33.28 148.5196 [SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST 33.29 ADVISORY COUNCIL.] 33.30 Subdivision 1. [MEMBERSHIP.] The commissioner shall 33.31 appointseveneight persons to a speech-language pathologist and 33.32 audiologist advisory council. Theseveneight persons must 33.33 include: 33.34 (1) two public members, as defined in section 214.02. The 33.35 public members shall be either persons receiving services of a 33.36 speech-language pathologist or audiologist, or family members of 34.1 or caregivers to such persons; 34.2 (2) two speech-language pathologistsregisteredlicensed 34.3 under sections 148.511 to 148.5196, one of whom is currently and 34.4 has been, for the five years immediately preceding the 34.5 appointment, engaged in the practice of speech-language 34.6 pathology in Minnesota and each of whom is employed in a 34.7 different employment setting including, but not limited to, 34.8 private practice, hospitals, rehabilitation settings, 34.9 educational settings, and government agencies; 34.10 (3) one speech-language pathologistregisteredlicensed 34.11 under sections 148.511 to 148.5196, who is currently and has 34.12 been, for the five years immediately preceding the appointment, 34.13 employed by a Minnesota public school district or a Minnesota 34.14 public school district consortium that is authorized by 34.15 Minnesota Statutes and who is licensed incommunication34.16disordersspeech-language pathology by the Minnesota board of 34.17 teaching;and34.18 (4) two audiologistsregisteredlicensed under sections 34.19 148.511 to 148.5196, one of whom is currently and has been, for 34.20 the five years immediately preceding the appointment, engaged in 34.21 the practice of audiology in Minnesota and each of whom is 34.22 employed in a different employment setting including, but not 34.23 limited to, private practice, hospitals, rehabilitation 34.24 settings, educational settings, industry, and government 34.25 agencies; and 34.26 (5) one physician licensed under chapter 147 and certified 34.27 by the American Board of Otolaryngology, Head and Neck Surgery. 34.28 Subd. 2. [ORGANIZATION.] The advisory council shall be 34.29 organized and administered under section 15.059. 34.30 Subd. 3. [DUTIES.] The advisory council shall: 34.31 (1) advise the commissioner regarding speech-language 34.32 pathologist and audiologistregistrationlicensure standards; 34.33 (2) advise the commissioner on enforcement of sections 34.34 148.511 to 148.5196; 34.35 (3) provide for distribution of information regarding 34.36 speech-language pathologist and audiologistregistration35.1 licensure standards; 35.2 (4) review applications and make recommendations to the 35.3 commissioner on granting or denyingregistrationlicensure or 35.4registrationlicensure renewal; 35.5 (5) review reports of investigations relating to 35.6 individuals and make recommendations to the commissioner as to 35.7 whetherregistrationlicensure should be denied or disciplinary 35.8 action taken against the individual; 35.9 (6) advise the commissioner regarding approval of 35.10 continuing education activities provided by sponsors using the 35.11 criteria in section 148.5193, subdivision 2; and 35.12 (7) perform other duties authorized for advisory councils 35.13 under chapter 214, or as directed by the commissioner. 35.14 Sec. 47. Minnesota Statutes 2002, section 153A.14, 35.15 subdivision 2a, is amended to read: 35.16 Subd. 2a. [EXEMPTION FROM WRITTEN EXAMINATION 35.17 REQUIREMENT.] Persons completing the audiology registration 35.18 requirements of section 148.515 after January 1, 1996, are 35.19 exempt from the written examination requirements of subdivision 35.20 2h, paragraph (a), clause (1). Minnesotaregistration or35.21American Speech-Language-Hearing Association certification35.22 licensure, a current certification of clinical competence issued 35.23 by the American Speech-Language-Hearing Association, board 35.24 certification in audiology by the American Board of Audiology, 35.25 or an equivalent, as an audiologist is not required but may be 35.26 submitted as evidence qualifying for exemption from the written 35.27 examination if the requirements are completed after January 1, 35.28 1996. Persons qualifying for written examination exemption must 35.29 fulfill the other credentialing requirements under subdivisions 35.30 1 and 2 before a certificate may be issued by the commissioner. 35.31 Sec. 48. Minnesota Statutes 2002, section 153A.14, 35.32 subdivision 2i, is amended to read: 35.33 Subd. 2i. [CONTINUING EDUCATION REQUIREMENT.] On forms 35.34 provided by the commissioner, each certified dispenser must 35.35 submit with the application for renewal of certification 35.36 evidence of completion of ten course hours of continuing 36.1 education earned within the 12-month period of July 1 to June 30 36.2 immediately preceding renewal. Continuing education courses 36.3 must be directly related to hearing instrument dispensing and 36.4 approved by the International Hearing Society or qualify for 36.5 continuing education approved for Minnesotaregisteredlicensed 36.6 audiologists. Evidence of completion of the ten course hours of 36.7 continuing education must be submitted with renewal applications 36.8 by October 1 of each year. This requirement does not apply to 36.9 dispensers certified for less than one year. The first report 36.10 of evidence of completion of the continuing education credits 36.11 shall be due October 1, 1997. 36.12 Sec. 49. Minnesota Statutes 2002, section 153A.17, is 36.13 amended to read: 36.14 153A.17 [EXPENSES; FEES.] 36.15 The expenses for administering the certification 36.16 requirements including the complaint handling system for hearing 36.17 aid dispensers in sections 153A.14 and 153A.15 and the consumer 36.18 information center under section 153A.18 must be paid from 36.19 initial application and examination fees, renewal fees, 36.20 penalties, and fines. All fees are nonrefundable. The 36.21 certificate application fee is $165 for audiologistsregistered36.22 licensed under section 148.511 and $490 for all others, the 36.23 examination fee is $200 for the written portion and $200 for the 36.24 practical portion each time one or the other is taken, and the 36.25 trainee application fee is $100. Notwithstanding the policy set 36.26 forth in section 16A.1285, subdivision 2, a surcharge of $165 36.27 for audiologistsregisteredlicensed under section 148.511 and 36.28 $330 for all others shall be paid at the time of application or 36.29 renewal until June 30, 2003, to recover the commissioner's 36.30 accumulated direct expenditures for administering the 36.31 requirements of this chapter. The penalty fee for late 36.32 submission of a renewal application is $200. All fees, 36.33 penalties, and fines received must be deposited in the state 36.34 government special revenue fund. The commissioner may prorate 36.35 the certification fee for new applicants based on the number of 36.36 quarters remaining in the annual certification period. 37.1 Sec. 50. Minnesota Statutes 2002, section 153A.20, 37.2 subdivision 1, is amended to read: 37.3 Subdivision 1. [MEMBERSHIP.] The commissioner shall 37.4 appoint nine persons to a hearing instrument dispenser advisory 37.5 council. 37.6 (a) The nine persons must include: 37.7 (1) three public members, as defined in section 214.02. At 37.8 least one of the public members shall be a hearing instrument 37.9 user and one of the public members shall be either a hearing 37.10 instrument user or an advocate of one; and 37.11 (2) three hearing instrument dispensers certified under 37.12 sections 153A.14 to 153A.20, each of whom is currently, and has 37.13 been for the five years immediately preceding their appointment, 37.14 engaged in hearing instrument dispensing in Minnesota and who 37.15 represent the occupation of hearing instrument dispensing and 37.16 who are not audiologists; and 37.17 (3) three audiologists who are certified hearing instrument 37.18 dispensers or areregisteredlicensed as audiologists under 37.19 chapter 148. 37.20 (b) The factors the commissioner may consider when 37.21 appointing advisory council members include, but are not limited 37.22 to, professional affiliation, geographical location, and type of 37.23 practice. 37.24 (c) No two members of the advisory council shall be 37.25 employees of, or have binding contracts requiring sales 37.26 exclusively for, the same hearing instrument manufacturer or the 37.27 same employer. 37.28 Sec. 51. Minnesota Statutes 2002, section 214.32, 37.29 subdivision 1, is amended to read: 37.30 Subdivision 1. [MANAGEMENT.] (a) A health professionals 37.31 services program committee is established, consisting of one 37.32 person appointed by each participating board, with each 37.33 participating board having one vote. The committee shall 37.34 designate one board to provide administrative management of the 37.35 program, set the program budget and the pro rata share of 37.36 program expenses to be borne by each participating board, 38.1 provide guidance on the general operation of the program, 38.2 including hiring of program personnel, and ensure that the 38.3 program's direction is in accord with its authority. If the 38.4 participating boards change which board is designated to provide 38.5 administrative management of the program, any appropriation 38.6 remaining for the program shall transfer to the newly designated 38.7 board on the effective date of the change. The participating 38.8 boards must inform the appropriate legislative committees and 38.9 the commissioner of finance of any change in the administrative 38.10 management of the program, and the amount of any appropriation 38.11 transferred under this provision. 38.12 (b) The designated board, upon recommendation of the health 38.13 professional services program committee, shall hire the program 38.14 manager and employees and pay expenses of the program from funds 38.15 appropriated for that purpose. The designated board may apply 38.16 for grants to pay program expenses and may enter into contracts 38.17 on behalf of the program to carry out the purposes of the 38.18 program. The participating boards shall enter into written 38.19 agreements with the designated board. 38.20 (c) An advisory committee is established to advise the 38.21 program committee consisting of: 38.22 (1) one member appointed by each of the following: the 38.23 Minnesota Academy of Physician Assistants, the Minnesota Dental 38.24 Association, the Minnesota Chiropractic Association, the 38.25 Minnesota Licensed Practical Nurse Association, the Minnesota 38.26 Medical Association, the Minnesota Nurses Association, and the 38.27 Minnesota Podiatric Medicine Association; 38.28 (2) one member appointed by each of the professional 38.29 associations of the other professions regulated by a 38.30 participating board not specified in clause (1); and 38.31 (3) two public members, as defined by section 214.02. 38.32 Members of the advisory committee shall be appointed for two 38.33 years and members may be reappointed. 38.34 The advisory committee expires June 30,20032007. 38.35 Sec. 52. [REVISOR INSTRUCTION.] 38.36 The revisor shall renumber Minnesota Statutes, section 39.1 148.517, subdivision 4, as Minnesota Statutes, section 148.5175. 39.2 Sec. 53. [REPEALER.] 39.3 Minnesota Statutes 2002, sections 148.512, subdivision 11; 39.4 and 148.515, subdivisions 3 and 5, are repealed. 39.5 Sec. 54. [EFFECTIVE DATE.] 39.6 Sections 1 to 3 and 51 are effective July 1, 2003.