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                            CHAPTER 363-H.F.No. 2340 
                  An act relating to health professions; providing for 
                  the registration of speech-language pathologists and 
                  audiologists by the department of health; providing 
                  penalties; proposing coding for new law in Minnesota 
                  Statutes, chapter 148; repealing Minnesota Rules, 
                  parts 4750.0010; 4750.0020; 4750.0030; 4750.0040; 
                  4750.0050; 4750.0060; 4750.0070; 4750.0080; 4750.0090; 
                  4750.0100; 4750.0200; 4750.0300; 4750.0400; 4750.0500; 
                  4750.0600; and 4750.0700. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
                 SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS 
           Section 1.  [148.511] [SPEECH-LANGUAGE PATHOLOGISTS AND 
        AUDIOLOGISTS.] 
           Sections 148.511 to 148.5196 apply only to persons who are 
        applicants for registration, who are registered, who use 
        protected titles, or who represent that they are registered.  
        Sections 148.511 to 148.5196 do not apply to school personnel 
        licensed by the board of teaching under Minnesota Rules, part 
        8700.5505, provided that school personnel practicing within the 
        scope of their licensed occupation preface titles protected 
        under section 148.513 with the words "school" or "educational." 
           Sec. 2.  [148.512] [DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] For the purpose of sections 
        148.511 to 148.5196, the following terms have the meanings given 
        to them. 
           Subd. 2.  [ACCREDITED EDUCATIONAL INSTITUTION.] "Accredited 
        educational institution" means a university, college, or other 
        post-secondary educational institution that offers 
        speech-language pathology or audiology training and that is 
        accredited by the American Speech-Language-Hearing Association 
        or the National Council for Accreditation of Teacher Education.  
           Subd. 3.  [ADVISORY COUNCIL.] "Advisory council" means the 
        Minnesota Speech-Language Pathologist and Audiologist Advisory 
        Council established under section 214.13, subdivision 4.  
           Subd. 4.  [APPLICANT.] "Applicant" means a person who 
        applies to the commissioner for registration or registration 
        renewal.  
           Subd. 5.  [APPROVED CONTINUING EDUCATION 
        SPONSOR.] "Approved continuing education sponsor" means an 
        organization that offers a learning experience designed to 
        promote continuing competency in the procedures and techniques 
        of the practice of speech-language pathology or audiology and 
        that meets the criteria in section 148.5193, subdivision 3, or 
        is a preapproved sponsor listed in section 148.5193, subdivision 
        2. 
           Subd. 6.  [AUDIOLOGIST.] "Audiologist" means a natural 
        person who engages in the practice of audiology, meets the 
        qualifications required by sections 148.511 to 148.5196, and 
        registers as an audiologist with the commissioner.  Audiologist 
        also means a natural person using any descriptive word with the 
        title audiologist.  
           Subd. 7.  [COMMISSIONER.] "Commissioner" means the 
        commissioner of the department of health or a designee.  
           Subd. 8.  [CONTACT HOUR.] "Contact hour" means an 
        instructional session of 50 consecutive minutes, excluding 
        coffee breaks, registration, meals without a speaker, and social 
        activities.  
           Subd. 9.  [CONTINUING EDUCATION.] "Continuing education" is 
        a planned learning experience in speech-language pathology or 
        audiology not including the basic educational program leading to 
        a degree if the education is used by the registrant for credit 
        to achieve a baccalaureate or master's degree in speech-language 
        pathology or audiology.  
           Subd. 10.  [CREDENTIAL.] "Credential" means a license, 
        permit, certification, registration, or other evidence of 
        qualification or authorization to engage in the practice of 
        speech-language pathology or audiology issued by any authority.  
           Subd. 11.  [INDIVIDUAL.] "Individual" means a person over 
        whom the commissioner has jurisdiction under sections 148.511 to 
        148.5196.  Individual includes an applicant, registrant, or 
        person who uses any title protected under section 148.513, 
        whether or not authorized to do so under sections 148.511 to 
        148.5196.  
           Subd. 12.  [PRACTICE OF AUDIOLOGY.] The "practice of 
        audiology" means:  
           (1) screening, identification, assessment, and 
        interpretation, diagnosis, rehabilitation, and prevention of 
        hearing disorders; 
           (2) conservation of the auditory system function; 
        development and implementation of hearing conservation programs; 
           (3) measurement, assessment, and interpretation of auditory 
        and vestibular function; 
           (4) selecting, fitting, and dispensing of assistive 
        listening devices, alerting and amplification devices, and 
        systems for personal and public use, including hearing aids and 
        devices, and providing training in their use; 
           (5) aural habilitation and rehabilitation and related 
        counseling for hearing impaired individuals and their families; 
           (6) screening of speech, language, voice, or fluency for 
        the purposes of audiologic evaluation or identification of 
        possible communication disorders; or 
           (7) teaching of, consultation or research about, or 
        supervision of the functions in clauses (1) to (6).  
           Subd. 13.  [REGISTER OR REGISTERED.] "Register" or 
        "registered" means the act or status of a natural person who 
        meets the requirements of sections 148.511 to 148.5196 and who 
        is authorized by the commissioner to use the titles in section 
        148.513.  
           Subd. 14.  [REGISTRANT.] "Registrant" means a person who 
        meets the requirements of sections 148.511 to 148.5196 and is 
        authorized by the commissioner to use the titles in section 
        148.513.  
           Subd. 15.  [REGISTRATION.] "Registration" is the system of 
        regulation defined in section 214.001, subdivision 3, paragraph 
        (c), and is the process specified in sections 148.511 to 
        148.5196. 
           Subd. 16.  [SPEECH-LANGUAGE PATHOLOGIST.] "Speech-language 
        pathologist" means a person who practices speech-language 
        pathology, meets the qualifications under sections 148.511 to 
        148.5196, and registers with the commissioner.  Speech-language 
        pathologist also means a natural person using, as an 
        occupational title, a term identified in section 148.513. 
           Subd. 17.  [PRACTICE OF SPEECH-LANGUAGE PATHOLOGY.] The 
        "practice of speech-language pathology" means:  
           (1) screening, identification, assessment and 
        interpretation, diagnosis, habilitation, rehabilitation, 
        treatment and prevention of disorders of speech, articulation, 
        fluency, voice, and language; 
           (2) screening, identification, assessment, and 
        interpretation, diagnosis, habilitation, and rehabilitation of 
        disorders of oral-pharyngeal function and related disorders; 
           (3) screening, identification, assessment, and 
        interpretation, diagnosis, habilitation, and rehabilitation of 
        communication disorders associated with cognition; 
           (4) assessing, selecting, and developing augmentative and 
        alternative communication systems and providing training in 
        their use; 
           (5) aural habilitation and rehabilitation and related 
        counseling for hearing impaired individuals and their families; 
           (6) enhancing speech-language proficiency and communication 
        effectiveness; 
           (7) audiometric screening for the purposes of 
        speech-language evaluation or for the identification of possible 
        hearing disorders; or 
           (8) teaching of, consultation or research about, or 
        supervision of the functions in clauses (1) to (7). 
           Subd. 18.  [SUPERVISEE.] "Supervisee" means an individual 
        who, under the direction or evaluation of a supervisor, is: 
           (1) engaging in the supervised practice of speech-language 
        pathology or audiology; 
           (2) performing a function of supervised clinical training 
        as a student of speech-language pathology or audiology; or 
           (3) performing a function of supervised postgraduate 
        clinical experience in speech-language pathology or audiology.  
           Subd. 19.  [SUPERVISION.] "Supervision" means the direct or 
        indirect evaluation or direction of:  
           (1) a practitioner of speech-language pathology or 
        audiology; 
           (2) a person performing a function of supervised clinical 
        training as a student of speech-language pathology or audiology; 
        or 
           (3) a person performing a function of supervised 
        postgraduate clinical experience in speech-language pathology or 
        audiology.  
           Subd. 20.  [SUPERVISOR.] "Supervisor" means a person who 
        has the authority to direct or evaluate a supervisee and who is: 
           (1) a registered speech-language pathologist or 
        audiologist; or 
           (2) when the commissioner determines that supervision by a 
        registered speech-language pathologist or audiologist as 
        required in clause (1) is unobtainable, and in other situations 
        considered appropriate by the commissioner, a person practicing 
        speech-language pathology or audiology who holds a current 
        certificate of clinical competence from the American 
        Speech-Language-Hearing Association.  
           Sec. 3.  [148.513] [PROTECTED TITLES AND RESTRICTIONS ON 
        USE.] 
           (a) A person shall not use a title relating to 
        speech-language pathology or audiology, except as provided in 
        paragraphs (b) and (c).  
           (b) 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 registered under sections 148.511 to 
        148.5196: 
           (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; or 
           (7) speech clinician.  
           (c) Use of the term "Minnesota registered" in conjunction 
        with the titles protected under this section by any person is 
        prohibited unless that person is registered under sections 
        148.511 to 148.5196.  
           Sec. 4.  [148.514] [GENERAL REGISTRATION REQUIREMENTS; 
        PROCEDURES AND QUALIFICATIONS.] 
           Subdivision 1.  [GENERAL REGISTRATION PROCEDURES.] An 
        applicant for registration must:  
           (1) submit an application as required under section 
        148.519, subdivision 1; and 
           (2) submit all fees required under section 148.5194.  
           Subd. 2.  [GENERAL REGISTRATION QUALIFICATIONS.] An 
        applicant for registration must possess the qualifications 
        required in one of the following clauses:  
           (1) a person who applies for registration and does not meet 
        the requirements in clause (2) or (3), must meet the 
        requirements in section 148.515; 
           (2) a person who applies for registration and who has a 
        current certificate of clinical competence issued by the 
        American Speech-Language-Hearing Association must meet the 
        requirements of section 148.516; or 
           (3) a person who applies for registration by reciprocity 
        must meet the requirements under section 148.517.  
           Sec. 5.  [148.515] [QUALIFICATIONS FOR REGISTRATION.] 
           Subdivision 1.  [APPLICABILITY.] Except as provided in 
        section 148.516 or 148.517, an applicant must meet the 
        requirements in this section.  
           Subd. 2.  [MASTER'S OR DOCTORAL DEGREE REQUIRED.] (a) An 
        applicant must possess a master's or doctoral degree that meets 
        the requirements of paragraphs (b) to (h).  
           (b) All of the applicant's graduate coursework and clinical 
        practicum required in the professional area for which 
        registration is sought must have been initiated and completed at 
        an institution whose program was accredited by the educational 
        standards board of the American Speech-Language-Hearing 
        Association in the area for which registration is sought.  
           (c) The master's degree training must include a minimum of 
        112.5 quarter credits or 75 semester credits or their equivalent 
        of academic coursework that includes basic science coursework 
        and professional coursework.  
           (d) Applicants for registration in either speech-language 
        pathology or audiology must complete 40.5 quarter credits of the 
        112.5 quarter credits or 27 of the 75 semester credits or their 
        equivalent in basic science coursework, distributed as follows:  
           (1) nine quarter credits or six semester credits or their 
        equivalent must be in biological or physical sciences and 
        mathematics; 
           (2) nine quarter credits or six semester credits or their 
        equivalent must be in behavioral or social sciences, including 
        normal aspects of human behavior and communication; and 
           (3) 22.5 quarter credits or 15 semester credits or their 
        equivalent must be in basic human communication processes and 
        must include coursework in each of the following three areas of 
        speech, language, and hearing:  
           (i) the anatomic and physiologic bases; 
           (ii) the physical and psychophysical bases; and 
           (iii) the linguistic and psycholinguistic aspects.  
           (e) All applicants for registration must complete 54 
        quarter credits of the 112.5 quarter credits or 36 semester 
        credits of the 75 semester credits or their equivalent in 
        professional coursework.  The coursework must include the 
        nature, prevention, evaluation, and treatment of speech, 
        language, and hearing disorders.  The coursework must encompass 
        courses in speech, language, and hearing that concern disorders 
        primarily affecting children as well as disorders primarily 
        affecting adults.  A minimum of 45 of the 54 quarter credits or 
        30 of the 36 semester credits or their equivalent must be 
        courses for which graduate credit was received.  A minimum of 
        31.5 of the 45 quarter credits or 21 of the 30 semester credits 
        must be in the professional area for which registration is 
        sought.  
           (f) Applicants seeking registration as speech-language 
        pathologists must complete the following professional coursework:
           (1) 45 quarter credits of the 54 quarter credits of the 
        professional coursework or 30 semester credits of the 36 
        semester credits of the professional coursework or their 
        equivalent must be in courses pertaining to speech-language 
        pathology and nine quarter credits of the 54 quarter credits or 
        six semester credits of the 36 semester credits or their 
        equivalent in courses in the area of audiology; and 
           (2) the 45 quarter credits or 30 semester credits or their 
        equivalent pertaining to speech-language pathology must include 
        at least nine quarter credits or six semester credits or their 
        equivalent in speech disorders and nine quarter credits or six 
        semester credits or their equivalent in language disorders.  The 
        nine quarter credits or six semester credits or their equivalent 
        in the area of audiology must include at least 4.5 quarter 
        credits or three semester credits or their equivalent in hearing 
        disorders and hearing evaluation and 4.5 quarter credits or 
        three semester credits or their equivalent in habilitative and 
        rehabilitative procedures.  
           (g) Applicants seeking registration as an audiologist must 
        complete professional coursework as follows:  
           (1) 45 quarter credits of the 54 quarter credits or 30 
        semester credits of the 36 semester credits or their equivalent 
        of coursework must be in audiology.  At least nine quarter 
        credits of the 45 quarter credits or six semester credits of the 
        30 semester credits in audiology must be in hearing disorders 
        and hearing evaluation and at least nine quarter credits or six 
        semester credits or their equivalent must be in habilitative or 
        rehabilitative procedures with individuals who have hearing 
        impairment; and 
           (2) nine quarter credits of the 54 quarter credits or six 
        semester credits of the 36 semester credits or their equivalent 
        in the area of speech-language pathology.  At least 4.5 quarter 
        credits of the nine quarter credits or three semester credits of 
        the six semester credits must be in speech disorders and at 
        least 4.5 quarter credits of the nine quarter credits or three 
        semester credits of the six semester credits must be in language 
        disorders.  This coursework in speech-language pathology must 
        concern the nature, prevention, evaluation, and treatment of 
        speech and language disorders not associated with hearing 
        impairment.  
           (h) Of the professional coursework required in paragraphs 
        (f) and (g), no more than nine quarter credits or six semester 
        credits or their equivalent associated with clinical training 
        may be counted toward the minimum of 54 quarter credits or 36 
        semester credits or their equivalent of professional coursework. 
        However, those hours may not be used to satisfy the minimum of 
        nine quarter credits or six semester credit hours in hearing 
        disorders or evaluation, nine quarter credits or six semester 
        credits in habilitative or rehabilitative procedures, or nine 
        quarter credits or six semester credits in speech-language 
        pathology.  
           Subd. 3.  [SUPERVISED CLINICAL TRAINING REQUIRED.] (a) An 
        applicant must complete at least 375 hours of supervised 
        clinical training as a student that meets the requirements of 
        paragraphs (b) to (f).  
           (b) The supervised clinical training must be provided by 
        the educational institution or by one of its cooperating 
        programs.  
           (c) The first 25 hours of the supervised clinical training 
        must be spent in clinical observation.  Those 25 hours must 
        concern the evaluation and treatment of children and adults with 
        disorders of speech, language, or hearing.  
           (d) All applicants must complete at least 350 hours of 
        supervised clinical training that concern the evaluation and 
        treatment of children and adults with disorders of speech, 
        language, and hearing.  At least 250 of the 350 hours must be at 
        the graduate level in the area in which registration is sought.  
        At least 50 hours must be spent in each of three types of 
        clinical settings including, but not limited to, university 
        clinics, hospitals, private clinics, and schools, including 
        secondary and elementary.  
           (e) An applicant must: 
           (1) obtain 250 of the 350 supervised hours in 
        speech-language pathology; 
           (2) complete a minimum of 20 hours of the 250 hours in each 
        of the following eight categories: 
           (i) evaluation:  speech disorders in children; 
           (ii) evaluation:  speech disorders in adults; 
           (iii) evaluation:  language disorders in children; 
           (iv) evaluation:  language disorders in adults; 
           (v) treatment:  speech disorders in children; 
           (vi) treatment:  speech disorders in adults; 
           (vii) treatment:  language disorders in children; and 
           (viii) treatment:  language disorders in adults; 
           (3) complete a minimum of 35 hours in audiology including:  
           (i) 15 hours in the evaluation or screening of individuals 
        with hearing disorders; and 
           (ii) 15 hours in habilitation or rehabilitation of 
        individuals with hearing impairment; and 
           (4) obtain no more than 20 hours in the major professional 
        area that are in related disorders.  
           (f) An applicant seeking registration as an audiologist 
        must: 
           (1) obtain 250 of the 350 hours in audiology; 
           (2) complete a minimum of 40 hours in each of the following 
        four categories:  
           (i) evaluation:  hearing in children; 
           (ii) evaluation:  hearing in adults; 
           (iii) selection and use:  amplification and assistive 
        devices for children; and 
           (iv) selection and use:  amplification and assistive 
        devices for adults; 
           (3) complete a minimum of 20 hours in the category of the 
        treatment of hearing disorders in children and adults; 
           (4) complete a minimum of 35 hours of the 350 hours in 
        speech-language pathology unrelated to hearing impairment as 
        follows:  
           (i) 15 hours in evaluation or screening; and 
           (ii) 15 hours in treatment; and 
           (5) obtain no more than 20 hours in the major professional 
        area that are in related disorders.  
           Subd. 4.  [SUPERVISED POSTGRADUATE CLINICAL EXPERIENCE 
        REQUIRED.] (a) An applicant must complete no less than nine 
        months or its equivalent of full-time supervised postgraduate 
        clinical experience according to paragraphs (b) to (h).  
           (b) Supervision in the postgraduate clinical experience 
        includes both on-site observation and other monitoring 
        activities.  On-site observation must involve the supervisor, 
        the supervisee, and the client receiving speech-language 
        pathology or audiology services.  On-site observation must 
        include direct observation by the supervisor of treatment given 
        by the supervisee.  Other monitoring activities may be executed 
        by correspondence and include, but are not limited to, 
        conferences with the supervisee, evaluation of written reports, 
        and evaluations by professional colleagues.  Other monitoring 
        activities do not include the client receiving speech-language 
        pathology or audiology services but must involve direct or 
        indirect evaluative contact by the supervisor of the supervisee. 
           (c) The applicant must, as part of the postgraduate 
        clinical experience, be supervised by an individual who meets 
        the definition of section 148.512, subdivision 20, and:  
           (1) when registration as a speech-language pathologist is 
        sought, is a registered speech-language pathologist or hold a 
        current certificate of clinical competence in speech-language 
        pathology from the American Speech-Language-Hearing Association; 
        and 
           (2) when registration as an audiologist is sought, is a 
        registered audiologist or hold a current certificate of clinical 
        competence in audiology from the American 
        Speech-Language-Hearing Association. 
           (d) The applicant may not begin the postgraduate clinical 
        experience until the applicant has completed the academic 
        coursework and clinical training in subdivisions 2 and 3. 
           (e) To be considered full time, at least 30 hours per week 
        must be spent over a nine-month period in clinical work.  
        Equivalent time periods may include part-time professional 
        employment as follows:  
           (1) 12 months of at least 25 hours per week; 
           (2) 15 months of at least 20 hours per week; or 
           (3) 18 months of at least 15 hours per week.  
           (f) The applicant's postgraduate clinical experience must 
        include direct clinical experience with patients, consultations, 
        report writing, recordkeeping, or other duties relevant to 
        clinical work.  A minimum of 80 percent of the clinical 
        experience must be in direct contact with persons who have 
        communication handicaps.  If the applicant uses part-time 
        employment to fulfill the postgraduate clinical experience 
        requirement, all of the minimum required hours of the part-time 
        work week requirement must be spent in direct professional 
        experience.  
           (g) The applicant must complete the postgraduate clinical 
        experience within a maximum of 36 consecutive months and must be 
        supervised in no less than 36 activities, including 18 one-hour 
        on-site observations.  A maximum of six hours can be accrued in 
        one day.  A minimum of six one-hour on-site observations must be 
        accrued during each one-third of the experience.  
           (h) The applicant must complete 18 other monitored 
        activities and complete at least one monitored activity each 
        month of the postgraduate clinical experience.  Alternatives to 
        on-site observation and monitoring activities include activities 
        supervised by correspondence, evaluation of written reports, and 
        evaluations by professional colleagues.  
           Subd. 5.  [QUALIFYING EXAMINATION SCORE REQUIRED.] (a) An 
        applicant must achieve a qualifying score on the National 
        Examination in Speech-Language Pathology or Audiology (NESPA), 
        administered by NTE Programs, Educational Testing Service.  
           (b) The commissioner shall determine the qualifying scores 
        for both the speech-language pathology and audiology 
        examinations based on guidelines provided by the advisory 
        council or the American Speech-Language-Hearing Association.  
           (c) The applicant is responsible for:  
           (1) making arrangements to take the examination described 
        in this subdivision; 
           (2) bearing all expenses associated with taking the 
        examination; 
           (3) having the examination scores sent directly to the 
        commissioner from the Educational Testing Service; and 
           (4) including a copy of the scores along with the original 
        registration application.  
           (d) The applicant must receive a qualifying score on the 
        examination within three years after the applicant applies for 
        registration under section 148.519.  If the applicant does not 
        receive a qualifying score on the examination within three years 
        after the applicant applies for registration, the applicant may 
        apply to the commissioner in writing for consideration to submit 
        a new application for registration under section 148.519. 
           Sec. 6.  [148.516] [REGISTRATION BY EQUIVALENCY.] 
           An applicant who applies for registration by equivalency 
        must show evidence of possessing a current certificate of 
        clinical competence issued by the American 
        Speech-Language-Hearing Association and must meet the 
        requirements of section 148.514. 
           Sec. 7.  [148.517] [REGISTRATION BY RECIPROCITY.] 
           Subdivision 1.  [APPLICABILITY.] An applicant who applies 
        for registration as a speech-language pathologist or audiologist 
        by reciprocity must meet the requirements of subdivisions 2 and 
        3.  
           Subd. 2.  [CURRENT CREDENTIALS REQUIRED.] An applicant 
        applying for registration by reciprocity must provide evidence 
        to the commissioner that the applicant holds a current and 
        unrestricted credential for the practice of speech-language 
        pathology or audiology in another jurisdiction that has 
        requirements equivalent to or higher than those in effect for 
        determining whether an applicant in this state is qualified to 
        be registered as a speech-language pathologist or audiologist.  
        An applicant who provides sufficient evidence need not meet the 
        requirements of section 148.515, provided that the applicant 
        otherwise meets all other requirements of section 148.514. 
           Subd. 3.  [VERIFICATION OF CREDENTIALS REQUIRED.] An 
        applicant for registration by reciprocity under subdivision 2, 
        must have the appropriate government body in each jurisdiction 
        in which the applicant holds a credential submit letters of 
        verification to the commissioner.  Each letter must state the 
        applicant's name, date of birth, credential number, date of 
        issuance, a statement regarding disciplinary actions, if any, 
        taken against the applicant, and the terms under which the 
        credential was issued.  
           Sec. 8.  [148.518] [REGISTRATION FOLLOWING LAPSE OF 
        REGISTERED STATUS.] 
           Subdivision 1.  [LAPSE OF THREE YEARS OR LESS.] For an 
        applicant whose registered status has lapsed for three years or 
        less, the applicant must:  
           (1) apply for registration renewal according to section 
        148.5191 and document compliance with the continuing education 
        requirements of section 148.5193 since the applicant's 
        registration lapsed; or 
           (2) fulfill the requirements of section 148.517. 
           Subd. 2.  [LAPSE OF MORE THAN THREE YEARS.] For an 
        applicant whose registered status has lapsed for more than three 
        years, the applicant must:  
           (1) apply for registration renewal according to section 
        148.5191 and fulfill the requirements for registration under 
        section 148.515, subdivisions 4 and 5.  A qualifying score on 
        the examination described in section 148.515, subdivision 5, 
        must be obtained within one year of the application date for 
        registration renewal; or 
           (2) fulfill the requirements of section 148.517. 
           Sec. 9.  [148.519] [REGISTRATION PROCEDURES.] 
           Subdivision 1.  [APPLICATIONS FOR REGISTRATION.] An 
        applicant for registration must: 
           (1) submit a completed application for registration 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; 
           (2) submit a transcript showing the completion of a 
        master's degree or its equivalent meeting the requirements of 
        section 148.515, subdivision 2; 
           (3) submit documentation of the required hours of 
        supervised clinical training meeting the requirements of section 
        148.515, subdivision 3; 
           (4) submit documentation of the postgraduate clinical 
        experience meeting the requirements of section 148.515, 
        subdivision 4; 
           (5) submit documentation of receiving a qualifying score on 
        an examination meeting the requirements of section 148.515, 
        subdivision 5; 
           (6) sign a statement that the information in the 
        application is true and correct to the best of the applicant's 
        knowledge and belief; 
           (7) submit with the application all fees required by 
        section 148.5194; and 
           (8) 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.  
           Subd. 2.  [ACTION ON APPLICATIONS FOR REGISTRATION.] (a) 
        The commissioner shall act on an application for registration 
        according to paragraphs (b) to (d).  
           (b) The commissioner shall determine if the applicant meets 
        the requirements for registration.  The commissioner or advisory 
        council may investigate information provided by an applicant to 
        determine whether the information is accurate and complete.  
           (c) The commissioner shall notify an applicant of action 
        taken on the application and of the grounds for denying 
        registration if registration is denied.  
           (d) An applicant denied registration may make a written 
        request to the commissioner, within 30 days of the date of 
        notification to the applicant, to appear before the advisory 
        council and for the advisory council to review the 
        commissioner's decision to deny the applicant's registration.  
        After reviewing the denial, the advisory council shall make a 
        recommendation to the commissioner as to whether the denial 
        should be affirmed.  An applicant is allowed no more than one 
        request for a review of denial of registration in any one 
        registration renewal period.  
           Sec. 10.  [148.5191] [REGISTRATION RENEWAL.] 
           Subdivision 1.  [RENEWAL REQUIREMENTS.] To renew 
        registration, an applicant must:  
           (1) annually complete a renewal application on a form 
        provided by the commissioner and submit the annual renewal fee; 
           (2) meet the continuing education requirements of section 
        148.5193 and submit evidence of attending continuing education 
        courses, as required in section 148.5193, subdivision 6; and 
           (3) submit additional information if requested by the 
        commissioner to clarify information presented in the renewal 
        application.  The information must be submitted within 30 days 
        after the commissioner's request.  
           Subd. 2.  [LATE FEE.] An application submitted after the 
        renewal deadline date must be accompanied by a late fee as 
        provided in section 148.5194, subdivision 4.  
           Subd. 3.  [REGISTRATION RENEWAL NOTICE.] Registration 
        renewal is on an annual basis.  At least 30 days before the 
        registration renewal date in subdivision 4, the commissioner 
        shall send out a renewal notice to the registrant's last known 
        address.  The notice shall include a renewal application and 
        notice of fees required for renewal.  If the registrant does not 
        receive the renewal notice, the registrant is still required to 
        meet the deadline for renewal to qualify for continuous 
        registered status.  
           Subd. 4.  [RENEWAL DEADLINE.] The renewal application and 
        fee must be postmarked on or before the date registration must 
        be renewed according to clauses (1) to (5).  Registration must 
        be renewed according to the following schedule:  
           (1) for registrants whose last name begins with the letters 
        A to E, February 1; 
           (2) for registrants whose last name begins with the letters 
        F to L, April 1; 
           (3) for registrants whose last name begins with the letters 
        M to P, June 1; 
           (4) for registrants whose last name begins with the letters 
        Q to U, August 1; and 
           (5) for registrants whose last name begins with the letters 
        V to Z, October 1.  
           Sec. 11.  [148.5193] [CONTINUING EDUCATION REQUIREMENTS.] 
           Subdivision 1.  [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 
        applicant for registration renewal must meet the requirements 
        for continuing education according to paragraphs (b) to (e).  
           (b) An applicant for registration 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 offered by an approved continuing education 
        sponsor within the two years immediately preceding registration 
        renewal.  A minimum of 20 contact hours of continuing education 
        must be directly related to the registrant's area of 
        registration.  Ten contact hours of continuing education may be 
        in areas generally related to the registrant's area of 
        registration.  
           (c) An applicant for registration 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 an approved continuing education 
        sponsor within the two years immediately preceding registration 
        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 registrant's areas of registration.  
           (d) If the registrant is licensed by the board of teaching: 
           (1) activities that are approved in the categories of 
        Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 
        that relate to speech-language pathology, shall be considered: 
           (i) offered by an approved sponsor of continuing education; 
        and 
           (ii) directly related to speech-language pathology; 
           (2) activities that are approved in the categories of 
        Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 
           (i) offered by an approved sponsor of continuing education; 
        and 
           (ii) generally related to speech-language pathology; and 
           (3) one clock hour as defined in Minnesota Rules, part 
        8700.1000, subpart 1, is equivalent to 1.2 contact hours of 
        continuing education.  
           (e) Contact hours cannot be accumulated in advance and 
        transferred to a future continuing education period.  
           Subd. 2.  [PREAPPROVED CONTINUING EDUCATION SPONSORS.] The 
        commissioner will accept continuing education approved or 
        sponsored by the Minnesota department of health, the Minnesota 
        Speech-Language-Hearing Association, the American 
        Speech-Language-Hearing Association, the American Academy of 
        Audiology, the Minnesota Academy of Audiology, the Academy of 
        Rehabilitative Audiologists, the Acoustical Society of America, 
        Twin Cities Clinical Speech-Language Pathologists, Minnesota 
        Foundation for Acoustical Education and Research, or 
        universities accredited by the American Speech-Language-Hearing 
        Association.  
           Subd. 3.  [APPROVAL OF CONTINUING EDUCATION SPONSORS.] (a) 
        Continuing education sponsors, unless preapproved under 
        subdivision 2, must be approved by the commissioner according to 
        paragraphs (b) to (e). 
           (b) Applications for approval must be submitted to the 
        commissioner at least 60 days before the date of the first 
        continuing education activity.  Applications must be made in 
        writing by the person or officer of the organization sponsoring 
        the program.  On receiving the commissioner's approval, 
        continuing education activities of the sponsor related to 
        speech-language pathology or audiology are approved for two 
        years following the date of the commissioner's approval.  To 
        obtain approval, continuing education sponsors must submit the 
        information described in clauses (1) to (5) on an application 
        provided by the commissioner:  
           (1) The continuing education sponsor must describe the 
        content of courses to be offered.  The course content must 
        contribute directly to the professional competency of the 
        speech-language pathologist or audiologist, must be beyond the 
        basic educational program leading to a degree in speech-language 
        pathology or audiology, and must include subject matter related 
        to current developments in speech-language pathology and 
        audiology.  
           (2) The continuing education sponsor must describe the 
        method of instruction for each course offered.  The continuing 
        education sponsor must describe for each course offered the 
        teaching methods to be used, such as lecture, seminar, 
        audiovisual, or simulation.  
           (3) The continuing education sponsor must outline specific 
        written objectives that describe expected outcomes for the 
        participants.  
           (4) The continuing education sponsor must state the number 
        of contact hours of continuing education which may be obtained 
        by completing a specified course, which must be a minimum of one 
        hour.  
           (5) The continuing education sponsor must provide a resume 
        of each instructor's qualifications with the application for 
        approval by the commissioner.  Instructors must be qualified to 
        teach the specified course content based on their prior 
        education, training, or experience.  
           (c) The continuing education sponsor must report to the 
        commissioner, on a timely basis, any change in the course 
        content or instructor.  
           (d) Continuing education sponsors must maintain, for a 
        minimum of three years, a record of attendance for each course 
        offered.  
           (e) To maintain approval as a continuing education sponsor, 
        a continuing education sponsor must continue to comply with this 
        section.  
           Subd. 4.  [EARNING CONTINUING EDUCATION CONTACT HOURS 
        THROUGH CONTACT HOUR EQUIVALENTS.] (a) A registrant who teaches 
        continuing education courses may obtain contact hour equivalents 
        according to paragraphs (b) to (d). 
           (b) The sponsor of the course must be approved by the 
        commissioner.  
           (c) A registrant may not obtain more than six contact hours 
        in any two-year continuing education period by teaching 
        continuing education courses.  
           (d) A registrant may obtain two contact hours for each hour 
        spent teaching a course if the course is sponsored by an 
        approved continuing education sponsor.  Contact hours may be 
        claimed only once for teaching the same course in any two-year 
        continuing education period.  
           Subd. 5.  [CONTINUING EDUCATION ACTIVITIES OFFERED BY A 
        SPONSOR NOT APPROVED BY THE COMMISSIONER.] (a) A registrant may 
        seek approval of a continuing education activity offered by a 
        sponsor who is not approved by the commissioner.  The registrant 
        must seek approval according to paragraphs (b) and (c). 
           (b) The registrant's request for approval must be made in 
        writing to the commissioner, on forms available from the 
        commissioner.  A request for approval before the continuing 
        education activity is attended must be made a minimum of 45 days 
        before the first day of the continuing education activity.  A 
        request for approval after the continuing education activity is 
        attended must be made within 45 days of the last day of the 
        continuing education activity and must include verification of 
        attendance.  A registrant not complying with this subdivision 
        will not receive approval for the continuing education activity. 
           (c) A registrant denied approval of a continuing education 
        activity may make a written request to the commissioner, within 
        30 days of the commissioner's decision, that the advisory 
        council review the commissioner's decision to deny the 
        registrant's request for approval of continuing education.  
        After reviewing a denial, the advisory council shall submit its 
        recommendation to the commissioner.  
           Subd. 6.  [EVIDENCE OF ATTENDANCE.] A registrant must 
        maintain records of attending the continuing education contact 
        hours required for registration renewal.  An applicant for 
        registration renewal must submit the following information on a 
        form provided by the commissioner:  the sponsoring organization, 
        the dates of the course, the course name, the number of contact 
        hours completed, and the name and signature of the registrant.  
        The form must be submitted with the renewal application under 
        section 148.5191, subdivision 1.  
           Subd. 7.  [VERIFICATION OF CONTINUING EDUCATION 
        REPORTS.] The commissioner may request a registrant or 
        continuing education sponsor to verify the continuing education 
        to which the registrant attested.  Documentation may come 
        directly from the registrant, the continuing education sponsor, 
        or from a national accrediting or certifying organization which 
        maintains the records.  
           Subd. 8.  [WAIVER OF CONTINUING EDUCATION 
        REQUIREMENTS.] The commissioner may grant a waiver of the 
        requirements of this section in cases where the requirements 
        would impose an undue burden on the registrant.  A registrant 
        must request in writing a waiver of the requirements of this 
        section.  The request for a waiver must cite this section, the 
        reasons for requesting the waiver, the period of time the 
        registrant wishes to have the continuing education requirement 
        waived, and the alternative measures that will be taken if a 
        waiver is granted.  The commissioner shall set forth, in 
        writing, the reasons for granting or denying the waiver.  
        Waivers granted by the commissioner shall specify in writing the 
        time limitation and required alternative measures to be taken by 
        the registrant. 
           Sec. 12.  [148.5194] [FEES.] 
           Subdivision 1.  [FIRST TIME REGISTRANTS AND APPLICANTS FOR 
        REGISTRATION RENEWAL.] The commissioner shall prorate the 
        registration fee for first time registrants and applicants for 
        registration renewal according to the number of months that have 
        elapsed between the date registration is issued and the date 
        registration must be renewed under section 148.5191, subdivision 
        4.  
           Subd. 2.  [ANNUAL REGISTRATION FEE.] The fee for initial 
        registration and annual registration renewal is $80.  
           Subd. 3.  [ANNUAL REGISTRATION FEE FOR DUAL REGISTRATION AS 
        A SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST.] The fee for 
        initial registration and annual registration renewal is $80.  
           Subd. 4.  [PENALTY FEE FOR LATE RENEWALS.] The penalty fee 
        for late submission of a renewal application is $15.  
           Subd. 5.  [NONREFUNDABLE FEES.] All fees are nonrefundable. 
           Sec. 13.  [148.5195] [INVESTIGATION PROCESS AND GROUNDS FOR 
        DISCIPLINARY ACTION.] 
           Subdivision 1.  [INVESTIGATIONS OF COMPLAINTS.] The 
        commissioner or advisory council may initiate an investigation 
        upon receiving a signed complaint or other signed written 
        communication that alleges or implies that an individual has 
        violated sections 148.511 to 148.5196.  According to section 
        214.13, subdivision 6, in the receipt, investigation, and 
        hearing of a complaint that alleges or implies an individual has 
        violated sections 148.511 to 148.5196, the commissioner shall 
        follow the procedures in section 214.10.  
           Subd. 2.  [RIGHTS OF APPLICANTS AND REGISTRANTS.] The 
        rights of an applicant denied registration are stated in section 
        148.519, subdivision 2, paragraph (d).  A registrant shall not 
        be subjected to disciplinary action under this section without 
        first having an opportunity for a contested case hearing under 
        chapter 14.  
           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 or 
        audiologist in an incompetent or negligent manner; 
           (4) violated sections 148.511 to 148.5196; 
           (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 or 
        audiology.  Conviction for violating any state or federal law 
        which relates to speech-language pathology or audiology 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 148.5196; 
           (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 
        148.5196; 
           (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; or 
           (17) if the individual is a dispenser of hearing 
        instruments as defined by section 153A.13, subdivision 5, had 
        the certification required by chapter 153A, denied, suspended, 
        or revoked according to chapter 153A. 
           Subd. 4.  [DISCIPLINARY ACTIONS.] If the commissioner finds 
        that an individual should be disciplined according to 
        subdivision 3, the commissioner may take any one or more of the 
        following actions:  
           (1) refuse to grant or renew registration; 
           (2) suspend registration for a period not exceeding one 
        year; 
           (3) revoke registration; or 
           (4) take any reasonable lesser action against an individual 
        upon proof that the individual has violated sections 148.511 to 
        148.5196.  
           Subd. 5.  [CONSEQUENCES OF DISCIPLINARY ACTIONS.] Upon the 
        suspension or revocation of registration, the speech-language 
        pathologist or audiologist shall cease to use titles protected 
        under sections 148.511 to 148.5196 and shall cease to represent 
        to the public that the speech-language pathologist or 
        audiologist is registered by the commissioner.  
           Subd. 6.  [REINSTATEMENT REQUIREMENTS AFTER DISCIPLINARY 
        ACTION.] A speech-language pathologist or audiologist who has 
        had registration suspended may petition on forms provided by the 
        commissioner for reinstatement following the period of 
        suspension specified by the commissioner.  The requirements of 
        section 148.5191 for renewing registration must be met before 
        registration may be reinstated.  
           Sec. 14.  [148.5196] [SPEECH-LANGUAGE PATHOLOGIST AND 
        AUDIOLOGIST ADVISORY COUNCIL.] 
           Subdivision 1.  [MEMBERSHIP.] The commissioner shall 
        appoint seven persons to a speech-language pathologist and 
        audiologist advisory council.  The seven persons must include: 
           (1) two public members, as defined in section 214.02.  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; 
           (2) two speech-language pathologists registered under 
        sections 148.511 to 148.5196, 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 registered under 
        sections 148.511 to 148.5196, 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 communication disorders by the 
        Minnesota board of teaching; and 
           (4) two audiologists registered under sections 148.511 to 
        148.5196, one of whom is currently and has been, for the five 
        years immediately preceding the appointment, engaged in the 
        practice of audiology 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.  
           Subd. 2.  [ORGANIZATION.] The advisory council shall be 
        organized and administered under section 15.059.  
           Subd. 3.  [DUTIES.] The advisory council shall:  
           (1) advise the commissioner regarding speech-language 
        pathologist and audiologist registration standards; 
           (2) advise the commissioner on enforcement of sections 
        148.511 to 148.5196; 
           (3) provide for distribution of information regarding 
        speech-language pathologist and audiologist registration 
        standards; 
           (4) review applications and make recommendations to the 
        commissioner on granting or denying registration or registration 
        renewal; 
           (5) review reports of investigations relating to 
        individuals and make recommendations to the commissioner as to 
        whether registration should be denied or disciplinary action 
        taken against the individual; 
           (6) advise the commissioner regarding approval of 
        continuing education sponsors using the criteria in section 
        148.5193, subdivision 3; and 
           (7) perform other duties authorized for advisory councils 
        under chapter 214, or as directed by the commissioner. 
           Sec. 15.  [REVISOR INSTRUCTION.] 
           The revisor of statutes shall correct references to 
        Minnesota Rules, chapter 4750, in Minnesota Rules, part 
        4668.0080. 
           Sec. 16.  [REPEALER.] 
           Minnesota Rules, parts 4750.0010; 4750.0020; 4750.0030; 
        4750.0040; 4750.0050; 4750.0060; 4750.0070; 4750.0080; 
        4750.0090; 4750.0100; 4750.0200; 4750.0300; 4750.0400; 
        4750.0500; 4750.0600; and 4750.0700, are repealed. 
           Presented to the governor March 19, 1996 
           Signed by the governor March 21, 1996, 2:25 p.m.