Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 317-S.F.No. 2447
An act relating to health professions; modifying
provisions relating to speech-language pathologists,
unlicensed mental health practitioners, alcohol and
drug counselors, physical therapists, and hearing
instrument dispensers; authorizing exempt rulemaking;
amending Minnesota Statutes 1996, sections 144.335,
subdivision 1; 148.515, subdivision 3; 148.518,
subdivision 2; 148.5191, subdivisions 1, 3, and 4;
148.5194; 148.5195, subdivision 3; 148.76, subdivision
2; 148B.69, by adding a subdivision; 148C.04,
subdivision 3; 148C.05, subdivision 2; 148C.06;
153A.13, subdivision 5; 153A.14, subdivisions 2a, 2b,
2d, 2f, 2h, 9, and 10; 153A.15, subdivision 1, and by
adding a subdivision; and 153A.20, subdivision 3;
Minnesota Statutes 1997 Supplement, sections 148C.03,
subdivision 1; and 148C.11, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapter 148;
repealing Minnesota Statutes 1996, section 153A.14,
subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 144.335,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meanings given them:
(a) "Patient" means a natural person who has received
health care services from a provider for treatment or
examination of a medical, psychiatric, or mental condition, the
surviving spouse and parents of a deceased patient, or a person
the patient designates in writing as a representative. Except
for minors who have received health care services pursuant to
sections 144.341 to 144.347, in the case of a minor, patient
includes a parent or guardian, or a person acting as a parent or
guardian in the absence of a parent or guardian.
(b) "Provider" means (1) any person who furnishes health
care services and is licensed regulated to furnish the services
pursuant to chapter 147, 147A, 147B, 147C, 148, 148B, 148C,
150A, 151, or 153, or 153A, or Minnesota Rules, chapter 4666;
(2) a home care provider licensed under section 144A.46; (3) a
health care facility licensed pursuant to this chapter or
chapter 144A; (4) a physician assistant registered under chapter
147A; and (5) an unlicensed mental health practitioner regulated
pursuant to sections 148B.60 to 148B.71.
(c) "Individually identifiable form" means a form in which
the patient is or can be identified as the subject of the health
records.
Sec. 2. Minnesota Statutes 1996, section 148.515,
subdivision 3, is amended to read:
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 seeking registration as a speech-language
pathologist 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.
Sec. 3. [148.5161] [TEMPORARY REGISTRATION.]
Subdivision 1. [APPLICATION.] The commissioner shall issue
temporary registration as a speech-language pathologist or
audiologist to an applicant who has applied for registration
under section 148.515, who is not the subject of a disciplinary
action or past disciplinary action, and who has not violated a
provision of section 148.5195, subdivision 3.
Subd. 2. [PROCEDURES.] To be eligible for temporary
registration, an applicant must submit an application form
provided by the commissioner, the fees required by section
148.5194, and evidence of successful completion of the
requirements in section 148.515, subdivisions 2 and 3.
Subd. 3. [SUPERVISION REQUIRED.] (a) A temporary
registrant must practice under the supervision of an individual
who meets the requirements of section 148.512, subdivision 20.
Supervision must conform to the requirements in paragraphs (b)
to (g).
(b) Supervision must include 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 and must include
direct observation by the supervisor of treatment given by the
supervisee. Other monitoring activities must involve direct or
indirect evaluative contact by the supervisor of the supervisee,
may be executed by correspondence, and may 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.
(c) The temporary registrant must be supervised by an
individual who meets the definition of section 148.512,
subdivision 20, and:
(1) when the temporary registrant is a speech-language
pathologist, is a registered speech-language pathologist, or
holds a current certificate of clinical competence in
speech-language pathology from the American Speech-Language-
Hearing Association; and
(2) when the temporary registrant is an audiologist, is a
registered audiologist, or holds a current certificate of
clinical competence in audiology from the American Speech-
Language-Hearing Association.
(d) Temporary registration shall not be granted until the
applicant has completed the academic coursework and clinical
training in section 148.515, subdivisions 2 and 3.
(e) The temporary registrant must be supervised in no less
than 36 activities, including 18 one-hour on-site observations.
A maximum of six hours may be accrued in one day. A minimum of
six one-hour on-site observations must be accrued during each
one-third of the experience.
(f) The temporary registrant must complete 18 other
monitored activities and complete at least one monitored
activity each month.
(g) The temporary registrant must provide verification of
supervision on the application form provided by the commissioner.
Subd. 4. [EXPIRATION OF TEMPORARY REGISTRATION.] A
temporary registration issued to a person pursuant to
subdivision 2 expires 18 months after issuance or on the date
the commissioner grants or denies registration, whichever occurs
first. Upon application, a temporary registration shall be
renewed once to persons who have not met the supervised
postgraduate clinical experience requirement under section
148.515, subdivision 4, within the initial temporary
registration period and meet the requirements of subdivision 1.
Subd. 5. [TITLE USED.] A temporary registrant shall be
identified by one of the protected titles and a designation
indicating clinical fellowship status.
Sec. 4. Minnesota Statutes 1996, section 148.518,
subdivision 2, is amended to read:
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. obtain 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. apply for
renewal according to section 148.5191, provide evidence to the
commissioner that the applicant holds a current and unrestricted
credential for the practice of speech-language pathology or
audiology in another jurisdiction that has requirements
equivalent to or higher than those in effect for Minnesota and
provide evidence of compliance with that jurisdiction's
continuing education requirements.
Sec. 5. Minnesota Statutes 1996, section 148.5191,
subdivision 1, is amended to read:
Subdivision 1. [RENEWAL REQUIREMENTS.] To renew
registration, an applicant must:
(1) annually biennially complete a renewal application on a
form provided by the commissioner and submit the annual biennial
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.
Sec. 6. Minnesota Statutes 1996, section 148.5191,
subdivision 3, is amended to read:
Subd. 3. [REGISTRATION RENEWAL NOTICE.] Registration
renewal is on an annual a biennial basis. At least 30 60 days
before the registration renewal expiration 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.
Sec. 7. Minnesota Statutes 1996, section 148.5191,
subdivision 4, is amended to read:
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. Each registration certificate, including a
temporary registration certificate provided under section
148.5161, must state an expiration date. An application for
registration renewal must be received by the department of
health or postmarked at least 30 days before the expiration
date. If the postmark is illegible, the application shall be
considered timely if received at least 21 days before the
expiration date.
When the commissioner establishes the renewal schedule for
an applicant, registrant, or temporary registrant, if the period
before the expiration date is less than two years, the fee shall
be prorated.
Sec. 8. Minnesota Statutes 1996, section 148.5194, is
amended to read:
148.5194 [FEES.]
Subdivision 1. [FIRST TIME REGISTRANTS AND APPLICANTS FOR
REGISTRATION RENEWAL FEE PRORATION.] 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 BIENNIAL REGISTRATION FEE.] The fee for
initial registration and annual biennial registration, temporary
registration, or renewal is $80 $160.
Subd. 3. [ANNUAL BIENNIAL REGISTRATION FEE FOR DUAL
REGISTRATION AS A SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST.]
The fee for initial registration and annual biennial
registration, temporary registration, or renewal is $80 $160.
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. 9. Minnesota Statutes 1996, section 148.5195,
subdivision 3, is amended to read:
Subd. 3. [GROUNDS FOR DISCIPLINARY ACTION BY
COMMISSIONER.] The commissioner may take any of the disciplinary
actions listed in subdivision 4 on proof that the individual has:
(1) intentionally submitted false or misleading information
to the commissioner or the advisory council;
(2) failed, within 30 days, to provide information in
response to a written request by the commissioner or advisory
council;
(3) performed services of a speech-language pathologist 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; or
(18) used the term doctor of audiology, doctor of
speech-language pathology, AuD, or SLPD without having obtained
the degree from an institution accredited by the North Central
Association of Colleges and Secondary Schools or the American
Speech-Language-Hearing Association.
Sec. 10. Minnesota Statutes 1996, section 148.76,
subdivision 2, is amended to read:
Subd. 2. No physical therapist shall may:
(a) treat human ailments by physical therapy after an
initial 30-day period of patient admittance to treatment has
lapsed, except by the order or referral of a person licensed in
this state to practice medicine as defined in section 147.081,
the practice of chiropractic as defined in section 148.01, the
practice of podiatry as defined in section 153.01, or the
practice of dentistry as defined in section 150A.05, or the
practice of advanced practice nursing as defined in section
62A.15, subdivision 3a, when orders or referrals are made in
collaboration with a physician, chiropractor, podiatrist, or
dentist, and whose license is in good standing; or when a
previous diagnosis exists indicating an ongoing condition
warranting physical therapy treatment, subject to periodic
review defined by board of medical practice rule;
(b) treat human ailments by physical therapy treatment
without first having practiced one year under a physician's
orders as verified by the board's records;
(c) utilize any chiropractic manipulative technique whose
end is the chiropractic adjustment of an abnormal articulation
of the body; and
(d) treat human ailments other than by physical therapy
unless duly licensed or registered to do so under the laws of
this state.
Sec. 11. Minnesota Statutes 1996, section 148B.69, is
amended by adding a subdivision to read:
Subd. 2a. [HEARINGS.] If the commissioner proposes to take
action against the practitioner as described in subdivision 1,
the commissioner must first notify the person against whom the
action is proposed to be taken and provide the person with an
opportunity to request a hearing under the contested case
provisions of chapter 14. If the person does not request a
hearing by notifying the commissioner within 30 days after
service of the notice of the proposed action, the commissioner
may proceed with the action without a hearing.
Sec. 12. Minnesota Statutes 1997 Supplement, section
148C.03, subdivision 1, is amended to read:
Subdivision 1. [GENERAL.] The commissioner shall, after
consultation with the advisory council or a subcommittee or the
special licensing criteria committee established under section
148C.11, subdivision 3, paragraph (b) by rule:
(a) adopt and enforce rules for licensure of alcohol and
drug counselors, including establishing standards and methods of
determining whether applicants and licensees are qualified under
section 148C.04. The rules must provide for examinations and
establish standards for the regulation of professional conduct.
The rules must be designed to protect the public;
(b) hold or contract for the administration of examinations
develop and, at least twice a year, administer an examination to
assess applicants' knowledge and skills. The commissioner may
contract for the administration of an examination approved by
the International Certification Reciprocity Consortium/Alcohol
and Other Drug Abuse (ICRC/AODA). The examinations must be
written and oral and may be administered by the commissioner or
by a private organization under contract with the commissioner
to administer the licensing examinations. Examinations, must
minimize cultural bias, and must be balanced in various theories
relative to the practice of alcohol and drug counseling;
(c) issue licenses to individuals qualified under sections
148C.01 to 148C.11;
(d) issue copies of the rules for licensure to all
applicants;
(e) adopt rules to establish and implement procedures,
including a standard disciplinary process and rules of
professional conduct;
(f) carry out disciplinary actions against licensees;
(g) establish, with the advice and recommendations of the
advisory council, written internal operating procedures for
receiving and investigating complaints and for taking
disciplinary actions as appropriate;
(h) educate the public about the existence and content of
the rules for alcohol and drug counselor licensing to enable
consumers to file complaints against licensees who may have
violated the rules;
(i) evaluate the rules in order to refine and improve the
methods used to enforce the commissioner's standards;
(j) set, collect, and adjust license fees for alcohol and
drug counselors so that the total fees collected will as closely
as possible equal anticipated expenditures during the biennium,
as provided in section 16A.1285; fees for initial and renewal
application and examinations; late fees for counselors who
submit license renewal applications after the renewal deadline;
and a surcharge fee. The surcharge fee must include an amount
necessary to recover, over a five-year period, the
commissioner's direct expenditures for the adoption of the rules
providing for the licensure of alcohol and drug counselors. All
fees received shall be deposited in the state treasury and
credited to the special revenue fund; and
(k) prepare reports on activities related to the licensure
of alcohol and drug counselors according to this subdivision by
October 1 of each even-numbered year. Copies of the reports
shall be delivered to the legislature in accordance with section
3.195 and to the governor. The reports shall contain the
following information on the commissioner's activities relating
to the licensure of alcohol and drug counselors, for the
two-year period ending the previous June 30:
(1) a general statement of the activities;
(2) the number of staff hours spent on the activities;
(3) the receipts and disbursements of funds;
(4) the names of advisory council members and their
addresses, occupations, and dates of appointment and
reappointment;
(5) the names and job classifications of employees;
(6) a brief summary of rules proposed or adopted during the
reporting period with appropriate citations to the State
Register and published rules;
(7) the number of persons having each type of license
issued by the commissioner as of June 30 in the year of the
report;
(8) the locations and dates of the administration of
examinations by the commissioner;
(9) the number of persons examined by the commissioner with
the persons subdivided into groups showing age categories, sex,
and states of residency;
(10) the number of persons licensed by the commissioner
after taking the examinations referred to in clause (8) with the
persons subdivided by age categories, sex, and states of
residency;
(11) the number of persons not licensed by the commissioner
after taking the examinations referred to in clause (8) with the
persons subdivided by age categories, sex, and states of
residency;
(12) the number of persons not taking the examinations
referred to in clause (8) who were licensed by the commissioner
or who were denied licensing, the reasons for the licensing or
denial, and the persons subdivided by age categories, sex, and
states of residency;
(13) the number of persons previously licensed by the
commissioner whose licenses were revoked, suspended, or
otherwise altered in status with brief statements of the reasons
for the revocation, suspension, or alteration;
(14) the number of written and oral complaints and other
communications received by the commissioner which allege or
imply a violation of a statute or rule which the commissioner is
empowered to enforce;
(15) a summary, by specific category, of the substance of
the complaints and communications referred to in clause (14)
and, for each specific category, the responses or dispositions;
and
(16) any other objective information which the commissioner
believes will be useful in reviewing the commissioner's
activities.
Sec. 13. Minnesota Statutes 1996, section 148C.04,
subdivision 3, is amended to read:
Subd. 3. [LICENSING REQUIREMENTS FOR THE FIRST FIVE
YEARS.] For five years after the effective date of the rules
authorized in section 148C.03, the applicant, unless qualified
under section 148C.06 during the two-year period authorized
therein, under section 148C.07, or under subdivision 4, must
furnish evidence satisfactory to the commissioner that the
applicant has met all the requirements in clauses (1) to (3).
The applicant must have:
(1) received an associate degree, or an equivalent number
of credit hours, and a certificate in alcohol and drug
counseling including 270 clock hours of alcohol and drug
counseling classroom education from an accredited school or
educational program and 880 clock hours of alcohol and drug
counseling practicum;
(2) completed a written case presentation and
satisfactorily passed an oral examination that demonstrates
competence in the core functions; and
(3) satisfactorily passed a written examination as
established by the commissioner.
Sec. 14. Minnesota Statutes 1996, section 148C.05,
subdivision 2, is amended to read:
Subd. 2. [CONTINUING EDUCATION.] At the time of renewal,
if required, each licensee shall furnish evidence satisfactory
to the commissioner that the licensee has completed at least the
equivalent of 40 clock hours of continuing professional
postdegree education during the past two years, in programs
approved by the commissioner, after consultation with the
education committee, and that the licensee continues to be
qualified to practice under sections 148C.01 to 148C.11 which
meet the requirements in the rules authorized by this chapter.
The commissioner shall seek advice from the advisory council and
the committees established by the rules in determining whether a
continuing education program meets the requirements.
Sec. 15. Minnesota Statutes 1996, section 148C.06, is
amended to read:
148C.06 [TRANSITION PERIOD.]
Subdivision 1. [QUALIFICATIONS.] For two years from the
effective date of the rules authorized in section 148C.03,
subdivision 1, the commissioner shall issue a license to an
applicant if the applicant meets one of the following
qualifications:
(a) is credentialed as a certified chemical dependency
counselor (CCDC) or certified chemical dependency counselor
reciprocal (CCDCR) by the Institute for Chemical Dependency
Professionals of Minnesota, Inc.;
(b) has 6,000 hours of supervised alcohol and drug
counselor experience as defined by the core functions, 270 clock
hours of alcohol and drug counselor training with a minimum of
60 hours of this training occurring within the past five years,
300 hours of alcohol and drug counselor internship, and has
successfully completed the examination requirements in section
148C.04, subdivision 3, paragraph (a), clauses (2) and (3);
(c) has 10,000 hours of supervised alcohol and drug
counselor experience as defined by the core functions, 270 clock
hours of alcohol and drug training with a minimum of 60 hours of
this training occurring within the past five years, and has
successfully completed the requirements in section 148C.04,
subdivision 3, paragraph (a), clause (2) or (3), or is
credentialed as a certified chemical dependency practitioner
(CCDP) by the Institute for Chemical Dependency Professionals of
Minnesota, Inc.;
(d) has 14,000 hours of supervised alcohol and drug
counselor experience as defined by the core functions and 270
clock hours of alcohol and drug training with a minimum of 60
hours of this training occurring within the past five years; or
(e) has met the special licensing criteria established
pursuant to section 148C.11.
Subd. 2. [DOCUMENTATION OF STATUS; CERTAIN
APPLICANTS.] Licensure applications under subdivision 1,
paragraphs (a) and (c), may document certified status by
submitting to the commissioner an original and current
certificate issued by an international certification and
reciprocity consortium board in this or another jurisdiction.
Sec. 16. Minnesota Statutes 1997 Supplement, section
148C.11, subdivision 3, is amended to read:
Subd. 3. [FEDERALLY RECOGNIZED TRIBES; ETHNIC MINORITIES.]
(a) Alcohol and drug counselors licensed to practice alcohol and
drug counseling according to standards established by federally
recognized tribes, while practicing under tribal jurisdiction,
are exempt from the requirements of this chapter. In practicing
alcohol and drug counseling under tribal jurisdiction,
individuals licensed under that authority shall be afforded the
same rights, responsibilities, and recognition as persons
licensed pursuant to this chapter.
(b) The commissioner shall develop special licensing
criteria for issuance of a license to alcohol and drug
counselors who: (1) are members of ethnic minority groups
practice alcohol and drug counseling with a member of an ethnic
minority population or with a person with a disability as
defined by rule; or (2) are employed by private, nonprofit
agencies, including agencies operated by private, nonprofit
hospitals, whose primary agency service focus addresses ethnic
minority populations or persons with a disability as defined by
rule. These licensing criteria may differ from the licensing
criteria specified in section 148C.04. To develop, implement,
and evaluate the effect of these criteria, the commissioner
shall establish a committee comprised of, but not limited to,
representatives from the council on hearing impaired, Minnesota
commission serving deaf and hard-of-hearing people, the council
on affairs of Chicano/Latino people, the council on
Asian-Pacific Minnesotans, the council on Black Minnesotans, the
council on disability, and the Indian affairs council.
Sec. 17. Minnesota Statutes 1996, section 153A.13,
subdivision 5, is amended to read:
Subd. 5. [DISPENSER OF HEARING INSTRUMENTS.] "Dispenser of
hearing instruments" means a natural person who engages in
hearing instrument dispensing whether or not certified by the
commissioner of health or licensed by an existing health-related
board, except that any a person described as follows is not a
dispenser of hearing instruments:
(1) a student participating in supervised field work that
is necessary to meet requirements of an accredited educational
program if the student is designated by a title which clearly
indicates the student's status as a student trainee; or
(2) a person who helps a dispenser of hearing instruments
in an administrative or clerical manner and does not engage in
hearing instrument dispensing is not a dispenser of hearing
instruments.
A person who offers to dispense a hearing instrument, or a
person who advertises, holds out to the public, or otherwise
represents that the person is authorized to dispense hearing
instruments must be certified by the commissioner.
Sec. 18. Minnesota Statutes 1996, section 153A.14,
subdivision 2a, is amended to read:
Subd. 2a. [EXEMPTION FROM EXAMINATION REQUIREMENT.]
Persons completing the audiology registration requirements of
Minnesota Rules, part 4750.0060, section 148.515 after January
1, 1996, are exempt from the examination requirements of
subdivision 2 2h. Minnesota registration or American
Speech-Language-Hearing Association certification as an
audiologist are is not required but may be submitted as evidence
qualifying for exemption from the examination if the
requirements are completed after January 1, 1996. Persons
qualifying for examination exemption must fulfill the other
credentialing requirements under subdivisions 1 and 2 before a
certificate may be issued by the commissioner.
Sec. 19. Minnesota Statutes 1996, section 153A.14,
subdivision 2b, is amended to read:
Subd. 2b. [ACTION ON APPLICATIONS FOR CERTIFICATION.] The
commissioner shall act on an application applications for
certification, and applications for renewal of certification,
according to paragraphs (a) to (c).
(a) The commissioner shall determine if the applicant meets
the requirements for certification. The commissioner or
advisory council may investigate information provided by an
applicant to determine whether the information is accurate and
complete.
(b) The commissioner shall notify each applicant of action
taken on the application and of the grounds for denying
certification if certification is denied.
(c) Applicants denied certification for failure to meet the
requirements may make a written request to the commissioner
within 30 days of the commissioner's determination to appear
before the advisory council and for the advisory council to
review the commissioner's decision to deny the applicant's
certification. After reviewing the denial, the advisory council
shall make a recommendation to the commissioner as to whether
the denial should be affirmed. The commissioner shall comply
with contested case procedures in chapter 14 when suspending,
revoking, or refusing to issue or renew a certificate under this
section.
Sec. 20. Minnesota Statutes 1996, section 153A.14,
subdivision 2d, is amended to read:
Subd. 2d. [CERTIFICATION RENEWAL NOTICE.] Certification
must be renewed annually. At least 30 days before the deadline
for application to renew certification, The commissioner shall
mail a renewal notice to the dispenser's last known address by
September 1 of each year. The notice must include a renewal
application and notice of fees required for renewal. A
dispenser is not relieved from meeting the applicable deadline
for renewal deadline on the basis that the dispenser did not
receive the renewal notice. In renewing a certificate, a
dispenser shall follow the procedures for applying for a
certificate specified in subdivision 1.
Sec. 21. Minnesota Statutes 1996, section 153A.14,
subdivision 2f, is amended to read:
Subd. 2f. [LATE RENEWALS.] The deadline for application to
renew certification is October 1 of each year. An
application submitted after October 1 and before November 1 for
certification renewal must be received by the department of
health or postmarked by October 1. An application not received
or postmarked by October 1 shall be a late renewal and must be
accompanied by a late fee as required in section 153A.17. If
the postmark is illegible, the application shall be considered
timely if received by October 7.
Sec. 22. Minnesota Statutes 1996, section 153A.14,
subdivision 2h, is amended to read:
Subd. 2h. [CERTIFICATION BY EXAMINATION.] An applicant
must achieve a passing score, as determined by the commissioner,
on an examination according to paragraphs (a) and (b) to (c).
(a) The examination must include, but is not limited to:
(1) A written examination approved by the commissioner
covering the following areas as they pertain to hearing
instrument selling:
(i) basic physics of sound;
(ii) the anatomy and physiology of the ear;
(iii) the function of hearing instruments;
(iv) the principles of hearing instrument selection; and
(v) state and federal laws, rules, and regulations.
(2) Practical tests of proficiency in the following
techniques as they pertain to hearing instrument selling:
(i) pure tone audiometry, including air conduction testing
and bone conduction testing;
(ii) live voice or recorded voice speech audiometry
including speech recognition (discrimination) testing, most
comfortable loudness level, and uncomfortable loudness
measurements of tolerance thresholds;
(iii) masking when indicated;
(iv) recording and evaluation of audiograms and speech
audiometry to determine proper selection and fitting of a
hearing instrument;
(v) taking ear mold impressions; and
(vi) using an otoscope for the visual observation of the
entire ear canal.
(b) The examination shall be administered by the
commissioner at least twice a year.
(c) An applicant must achieve a passing score on all
portions of the examination within a two-year period. An
applicant who does not achieve a passing score on all portions
of the examination within a two-year period must retake the
entire examination and achieve a passing score on each portion
of the examination. An applicant who does not apply for
certification within one year of successful completion of the
examination, must retake the examination and achieve a passing
score on each portion of the examination.
Sec. 23. Minnesota Statutes 1996, section 153A.14,
subdivision 9, is amended to read:
Subd. 9. [CONSUMER RIGHTS INFORMATION.] A hearing
instrument dispenser shall, at the time of the recommendation or
prescription, give a consumer rights brochure, prepared by the
commissioner and containing information about legal requirements
pertaining to sales of hearing instruments, to each potential
buyer of a hearing instrument. A sales contract for a hearing
instrument must note the receipt of the brochure by the buyer,
along with the buyer's signature or initials.
Sec. 24. Minnesota Statutes 1996, section 153A.14,
subdivision 10, is amended to read:
Subd. 10. [LIABILITY FOR CONTRACTS.] Owners of entities in
the business of dispensing hearing instruments, employers of
persons who dispense hearing instruments, and supervisors of
trainees, and hearing instrument dispensers conducting the sales
transaction at issue are liable for satisfying all terms of
contracts, written or oral, made by their agents, employees,
assignees, affiliates, or trainees, including terms relating to
products, repairs, warranties, service, and refunds. The
commissioner may enforce the terms of hearing instrument sales
contracts against the principal, employer, or supervisor of an
agent, employee, or trainee, or dispenser who conducted the sale
and may impose any remedy provided for in this chapter.
Sec. 25. Minnesota Statutes 1996, section 153A.15,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED ACTS.] The commissioner may
reject an application for a certificate or may act under
subdivision 2 against a dispenser of hearing instruments for
failure to comply with this chapter. Failure to apply to the
commissioner for a certificate, or supplying false or misleading
information on the application for a certificate, is a ground
for action under subdivision 2. The following acts and conduct
are also grounds for action under subdivision 2: The
commissioner may take enforcement action as provided under
subdivision 2 against a dispenser of hearing instruments for the
following acts and conduct:
(1) prescribing or otherwise recommending to a consumer or
potential consumer the use of a hearing instrument, unless the
prescription from a physician or recommendation from a hearing
instrument dispenser or audiologist is in writing, is based on
an audiogram that is delivered to the consumer or potential
consumer when the prescription or recommendation is made, and
bears the following information in all capital letters of
12-point or larger boldface type: "THIS PRESCRIPTION OR
RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE
PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE";
(2) failing to give a copy of the audiogram, upon which the
prescription or recommendation is based, to the consumer when
there has been a charge for the audiogram and the consumer
requests a copy;
(3) failing to provide the consumer rights brochure
required by section 153A.14, subdivision 9;
(4) being disciplined through a revocation, suspension,
restriction, or limitation by another state for conduct subject
to action under this chapter;
(5) presenting advertising that is false or misleading;
(6) providing the commissioner with false or misleading
statements of credentials, training, or experience;
(7) engaging in conduct likely to deceive, defraud, or harm
the public; or demonstrating a willful or careless disregard for
the health, welfare, or safety of a consumer;
(8) splitting fees or promising 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;
(9) engaging in abusive or fraudulent billing practices,
including violations of federal Medicare and Medicaid laws, Food
and Drug Administration regulations, or state medical assistance
laws;
(10) obtaining money, property, or services from a consumer
through the use of undue influence, high pressure sales tactics,
harassment, duress, deception, or fraud;
(11) failing to comply with restrictions on sales of
hearing aids in sections 153A.14, subdivision 9, and 153A.19;
(12) performing the services of a certified hearing
instrument dispenser in an incompetent or negligent manner;
(13) failing to comply with the requirements of this
chapter as an employer, supervisor, or trainee;
(14) failing to provide information in a timely manner in
response to a request by the commissioner, commissioner's
designee, or the advisory council;
(15) being convicted within the past five years of
violating any laws of the United States, or any state or
territory of the United States, and the violation is a felony,
gross misdemeanor, or misdemeanor, an essential element of which
relates to hearing instrument dispensing, except as provided in
chapter 364;
(16) failing to cooperate in good faith with the
commissioner, the commissioner's designee, or the advisory
council in any investigation;
(17) failing to perform hearing instrument dispensing with
reasonable judgment, skill, or safety due to the use of alcohol
or drugs, or other physical or mental impairment;
(18) failing to fully disclose actions taken against the
applicant or the applicant's legal authorization to dispense
hearing instruments in this or another state;
(19) violating a state or federal court order or judgment,
including a conciliation court judgment, relating to the
activities of the applicant in hearing instrument dispensing;
(20) having been or being disciplined by the commissioner
of the department of health, or other authority, in this or
another jurisdiction, if any of the grounds for the discipline
are the same or substantially equivalent to those in sections
153A.13 to 153A.19;
(21) misrepresenting the purpose of hearing tests, or in
any way communicating that the hearing test or hearing test
protocol required by section 153A.14, subdivision 4b, is a
medical evaluation, a diagnostic hearing evaluation conducted by
an audiologist, or is other than a test to select a hearing
instrument, except that the hearing instrument dispenser can
determine the need for or recommend the consumer obtain a
medical evaluation consistent with requirements of the United
States Food and Drug Administration;
(22) violating any of the provisions of sections 153A.13 to
153A.19; and
(23) aiding or abetting another person in violating any of
the provisions of sections 153A.13 to 153A.19.
Sec. 26. Minnesota Statutes 1996, section 153A.15, is
amended by adding a subdivision to read:
Subd. 2a. [HEARINGS.] If the commissioner proposes to take
action against the dispenser as described in subdivision 2, the
commissioner must first notify the person against whom the
action is proposed to be taken and provide the person with an
opportunity to request a hearing under the contested case
provisions of chapter 14. If the person does not request a
hearing by notifying the commissioner within 30 days after
service of the notice of the proposed action, the commissioner
may proceed with the action without a hearing.
Sec. 27. Minnesota Statutes 1996, section 153A.20,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] At the commissioner's request, the
advisory council shall:
(1) advise the commissioner regarding hearing instrument
dispenser certification standards;
(2) advise the commissioner on enforcement of sections
153A.13 to 153A.20;
(3) provide for distribution of information regarding
hearing instrument dispenser certification standards;
(4) review applications and make recommendations to the
commissioner on granting or denying certification or
certification renewal;
(5) review reports of investigations relating to
individuals and make recommendations to the commissioner as to
whether certification should be denied or disciplinary action
taken against the individual; and
(3) review investigation summaries of competency violations
and make recommendations to the commissioner as to whether the
allegations of incompetency are substantiated; and
(6) (4) perform other duties authorized for advisory
councils by chapter 214, or as directed by the commissioner.
Sec. 28. [CERTAIN HEALTH DEPARTMENT RULES.]
The commissioner of health may repeal or amend Minnesota
Rules, parts 4666.0010 to 4666.1400, and may adopt new rules to
replace them. Rules repealed, amended, or adopted under this
section are not subject to Minnesota Statutes, sections 14.05 to
14.28, but are governed by section 14.386. The commissioner's
authority to act under this section expires December 31, 1998.
Sec. 29. [REPEALER.]
Minnesota Statutes 1996, section 153A.14, subdivision 7, is
repealed.
Sec. 30. [EFFECTIVE DATE.]
Sections 5 to 8 are effective November 1, 1998. All other
sections are effective the day following final enactment.
Presented to the governor March 19, 1998
Signed by the governor March 23, 1998, 10:55 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes