MN Legislature

Accessibility menu

Session laws use visual text formatting such as stricken text to denote deleted language, and underlined text to denote new language. For users of the jaws screenreader it is recommended to configure jaws to use the proofreading scheme which will alter the pitch of the reading voice when reading stricken and underlined text. Instructions for configuring your jaws reader are provided by following this link.
If you can not or do not wish to configure your screen reader, deleted language will begin with the phrase "deleted text begin" and be followed by the phrase "deleted text end", new language will begin with the phrase "new text begin" and be followed by "new text end". Skip to text of Chapter 87.

Menu

Revisor of Statutes Menu

Authenticate

Pdf

2003 Minnesota Session Laws

Key: (1) language to be deleted (2) new language

                             CHAPTER 87-S.F.No. 333 
                  An act relating to health; extending dates of certain 
                  advisory councils; modifying certain nursing 
                  requirements; modifying provisions relating to the 
                  practice of speech-language pathology or audiology; 
                  amending Minnesota Statutes 2002, sections 147B.05, 
                  subdivision 2; 147C.35, subdivision 2; 147D.25, 
                  subdivision 2; 148.212; 148.235, by adding a 
                  subdivision; 148.281, subdivision 1; 148.511; 148.512, 
                  subdivisions 2, 4, 6, 7, 8, 12, 13, 14, 15, 16, 17, 
                  18, 20; 148.513; 148.514; 148.515, subdivisions 2, 4; 
                  148.516; 148.5161; 148.517; 148.518; 148.519; 
                  148.5191; 148.5193, subdivisions 1, 4, 6, 6a, 7, 8; 
                  148.5194, subdivisions 1, 2, 3, 3a; 148.5195, 
                  subdivisions 2, 3, 4, 5, 6; 148.5196; 153A.14, 
                  subdivisions 2a, 2i; 153A.17; 153A.20, subdivision 1; 
                  214.32, subdivision 1; repealing Minnesota Statutes 
                  2002, sections 148.512, subdivision 11; 148.515, 
                  subdivisions 3, 5. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 147B.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ADMINISTRATION; COMPENSATION; REMOVAL; QUORUM.] 
        The advisory council is governed by section 15.059, except that 
        the council does not expire until June 30, 2003 2007. 
           Sec. 2.  Minnesota Statutes 2002, section 147C.35, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ORGANIZATION.] The advisory council shall be 
        organized and administered under section 15.059.  The council 
        expires June 30, 2003 2007. 
           Sec. 3.  Minnesota Statutes 2002, section 147D.25, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ORGANIZATION.] The advisory council shall be 
        organized and administered under section 15.059.  The council 
        expires June 30, 2003 2007.  
           Sec. 4.  Minnesota Statutes 2002, section 148.212, is 
        amended to read: 
           148.212 [TEMPORARY PERMIT.] 
           Subdivision 1.  [ISSUANCE.] Upon receipt of the applicable 
        licensure or reregistration fee and permit fee, and in 
        accordance with rules of the board, the board may issue a 
        nonrenewable temporary permit to practice professional or 
        practical nursing to an applicant for licensure or 
        reregistration who is not the subject of a pending investigation 
        or disciplinary action, nor disqualified for any other reason, 
        under the following circumstances: 
           (a) The applicant for licensure by examination under 
        section 148.211, subdivision 1, has graduated from an approved 
        nursing program within the 60 days preceding board receipt of an 
        affidavit of graduation or transcript and has been authorized by 
        the board to write the licensure examination for the first time 
        in the United States.  The permit holder must practice 
        professional or practical nursing under the direct supervision 
        of a registered nurse.  The permit is valid from the date of 
        issue until the date the board takes action on the application 
        or for 60 days whichever occurs first. 
           (b) The applicant for licensure by endorsement under 
        section 148.211, subdivision 2, is currently licensed to 
        practice professional or practical nursing in another state, 
        territory, or Canadian province.  The permit is valid from 
        submission of a proper request until the date of board action on 
        the application. 
           (c) The applicant for licensure by endorsement under 
        section 148.211, subdivision 2, or for reregistration under 
        section 148.231, subdivision 5, is currently registered in a 
        formal, structured refresher course or its equivalent for nurses 
        that includes clinical practice. 
           (d) The applicant for licensure by examination under 
        section 148.211, subdivision 1, has been issued a Commission on 
        Graduates of Foreign Nursing Schools certificate, has completed 
        all requirements for licensure except the examination, and has 
        been authorized by the board to write the licensure examination 
        for the first time in the United States.  The permit holder must 
        practice professional nursing under the direct supervision of a 
        registered nurse.  The permit is valid from the date of issue 
        until the date the board takes action on the application or for 
        60 days, whichever occurs first. 
           Subd. 2.  [REVOCATION.] The board may revoke a temporary 
        permit that has been issued to an applicant for licensure under 
        section 148.211, subdivisions 1 and 2, if the applicant is the 
        subject of an investigation or disciplinary action, or is 
        disqualified for any other reason. 
           Subd. 3.  [RELEASE OF INFORMATION.] Notwithstanding section 
        13.41, subdivision 2, the board may release information 
        regarding action taken by the board pursuant to subdivisions 1 
        and 2. 
           Sec. 5.  Minnesota Statutes 2002, section 148.235, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [ADMINISTRATION OF MEDICATIONS BY UNLICENSED 
        PERSONNEL IN NURSING FACILITIES.] Notwithstanding the provisions 
        of Minnesota Rules, part 4658.1360, subpart 2, a graduate of a 
        foreign nursing school who has successfully completed an 
        approved competency evaluation under the provisions of section 
        144A.61 is eligible to administer medications in a nursing 
        facility upon completion of a medication training program for 
        unlicensed personnel offered through a postsecondary educational 
        institution, which meets the requirements specified in Minnesota 
        Rules, part 4658.1360, subpart 2, item B. 
           Sec. 6.  Minnesota Statutes 2002, section 148.281, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [VIOLATIONS DESCRIBED.] It shall be 
        unlawful for any person, corporation, firm, or association, to: 
           (1) sell or fraudulently obtain or furnish any nursing 
        diploma, license or record, or aid or abet therein; 
           (2) practice professional or practical nursing, practice as 
        a public health nurse, or practice as a certified clinical nurse 
        specialist, certified nurse-midwife, certified nurse 
        practitioner, or certified registered nurse anesthetist under 
        cover of any diploma, permit, license, registration certificate, 
        advanced practice credential, or record illegally or 
        fraudulently obtained or signed or issued unlawfully or under 
        fraudulent representation; 
           (3) practice professional or practical nursing unless the 
        person has been issued a temporary permit under the provisions 
        of section 148.212 or is duly licensed and currently registered 
        to do so under the provisions of sections 148.171 to 148.285; 
           (4) use the professional title nurse unless duly licensed 
        to practice professional or practical nursing under the 
        provisions of sections 148.171 to 148.285, except as authorized 
        by the board by rule; 
           (5) use any abbreviation or other designation tending to 
        imply licensure as a registered nurse or licensed practical 
        nurse unless duly licensed and currently registered so to 
        practice professional or practical nursing under the provisions 
        of sections 148.171 to 148.285 except as authorized by the board 
        by rule; 
           (5) (6) use any title, abbreviation, or other designation 
        tending to imply certification as a certified registered nurse 
        as defined in section 148.171, subdivision 22, unless duly 
        certified by a national nurse certification organization; 
           (6) (7) use any abbreviation or other designation tending 
        to imply registration as a public health nurse unless duly 
        registered by the board; 
           (7) (8) practice professional, advanced practice 
        registered, or practical nursing in a manner prohibited by the 
        board in any limitation of a license or registration issued 
        under the provisions of sections 148.171 to 148.285; 
           (8) (9) practice professional, advanced practice 
        registered, or practical nursing during the time a license or 
        current registration issued under the provisions of sections 
        148.171 to 148.285 shall be suspended or revoked; 
           (9) (10) conduct a nursing program for the education of 
        persons to become registered nurses or licensed practical nurses 
        unless the program has been approved by the board; 
           (10) (11) knowingly employ persons in the practice of 
        professional or practical nursing who have not been issued a 
        current permit, license, or registration certificate to practice 
        as a nurse in this state; and 
           (11) (12) knowingly employ a person in advanced practice 
        registered nursing unless the person meets the standards and 
        practices of sections 148.171 to 148.285. 
           Sec. 7.  Minnesota Statutes 2002, section 148.511, is 
        amended to read: 
           148.511 [SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS 
        SCOPE.] 
           Sections 148.511 to 148.5196 apply only to persons who are 
        applicants for registration licensure, who are registered, who 
        use protected titles, or who represent that they are registered 
        licensed, or who engage in the practice of speech-language 
        pathology or audiology.  Sections 148.511 to 148.5196 do not 
        apply to school personnel licensed by the board of teaching, 
        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." and practicing 
        within the scope of their school license under Minnesota Rules, 
        part 8710.6000. 
           Sec. 8.  Minnesota Statutes 2002, section 148.512, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ACCREDITED EDUCATIONAL INSTITUTION.] "Accredited 
        educational institution" means a university, or college, or 
        other post-secondary educational institution that offers 
        speech-language pathology or audiology training graduate degrees 
        and that is accredited by the American Speech-Language-Hearing 
        Association or the National Council for Accreditation of Teacher 
        Education Council on Academic Accreditation in Audiology and 
        Speech Language Pathology, a body recognized by the United 
        States Department of Education, or an equivalent as determined 
        by the commissioner.  
           Sec. 9.  Minnesota Statutes 2002, section 148.512, 
        subdivision 4, is amended to read: 
           Subd. 4.  [APPLICANT.] "Applicant" means a person who 
        applies to the commissioner for registration licensure or 
        registration licensure renewal.  
           Sec. 10.  Minnesota Statutes 2002, section 148.512, 
        subdivision 6, is amended to read: 
           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 is licensed by the commissioner.
        Audiologist also means a natural person using any descriptive 
        word with the title audiologist.  
           Sec. 11.  Minnesota Statutes 2002, section 148.512, 
        subdivision 7, is amended to read: 
           Subd. 7.  [COMMISSIONER.] "Commissioner" means the 
        commissioner of the department of health or a designee.  
           Sec. 12.  Minnesota Statutes 2002, section 148.512, 
        subdivision 8, is amended to read: 
           Subd. 8.  [CONTACT HOUR.] "Contact hour" means an 
        instructional session of 50 60 consecutive minutes, excluding 
        coffee breaks, registration, meals without a speaker, and social 
        activities.  
           Sec. 13.  Minnesota Statutes 2002, section 148.512, 
        subdivision 12, is amended to read: 
           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).  
           The practice of audiology does not include the practice of 
        medicine and surgery, or osteopathic medicine and surgery, or 
        medical diagnosis that is commonly performed by a physician. 
           Sec. 14.  Minnesota Statutes 2002, section 148.512, 
        subdivision 13, is amended to read: 
           Subd. 13.  [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). 
           The practice of speech-language pathology does not include 
        the practice of medicine and surgery, or osteopathic medicine 
        and surgery, or medical diagnosis that is commonly performed by 
        a physician. 
           Sec. 15.  Minnesota Statutes 2002, section 148.512, 
        subdivision 14, is amended to read: 
           Subd. 14.  [REGISTER LICENSE OR REGISTERED 
        LICENSED.] "Register" "License" or "registered" "licensed" 
        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.  
           Sec. 16.  Minnesota Statutes 2002, section 148.512, 
        subdivision 15, is amended to read: 
           Subd. 15.  [REGISTRANT LICENSEE.] "Registrant" "Licensee" 
        means a person an individual 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.  
           Sec. 17.  Minnesota Statutes 2002, section 148.512, 
        subdivision 16, is amended to read: 
           Subd. 16.  [REGISTRATION LICENSURE.] 
        "Registration" "Licensure" 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. 
           Sec. 18.  Minnesota Statutes 2002, section 148.512, 
        subdivision 17, is amended to read: 
           Subd. 17.  [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 is licensed by the commissioner.  
        Speech-language pathologist also means a natural person using, 
        as an occupational title, a term identified in section 148.513. 
           Sec. 19.  Minnesota Statutes 2002, section 148.512, 
        subdivision 18, is amended to read: 
           Subd. 18.  [SUPERVISEE.] "Supervisee" means an individual a 
        person 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 or 
        doctoral clinical experience in speech-language pathology or 
        audiology.  
           Sec. 20.  Minnesota Statutes 2002, section 148.512, 
        subdivision 20, is amended to read: 
           Subd. 20.  [SUPERVISOR.] "Supervisor" means a person who 
        has the authority to direct or evaluate a supervisee and who is: 
           (1) is a registered licensed speech-language pathologist or 
        audiologist; or 
           (2) when the commissioner determines that supervision by a 
        registered licensed speech-language pathologist or audiologist 
        as required in clause (1) is unobtainable, and in other 
        situations considered appropriate by the commissioner, is a 
        person practicing speech-language pathology or audiology who 
        holds a current certificate of clinical competence from the 
        American Speech-Language-Hearing Association or board 
        certification in audiology by the American Board of Audiology. 
           Sec. 21.  Minnesota Statutes 2002, section 148.513, is 
        amended to read: 
           148.513 [LICENSURE; PROTECTED TITLES AND RESTRICTIONS ON 
        USE; EXEMPTIONS.] 
           (a) A person shall not use a title relating to 
        speech-language pathology or audiology, except as provided in 
        paragraphs (b) and (c).  
           Subdivision 1.  [UNLICENSED PRACTICE PROHIBITED.] A person 
        must not engage in the practice of speech-language pathology or 
        audiology unless the person is licensed as a speech-language 
        pathologist or an audiologist under sections 148.511 to 148.5196.
           (b) Subd. 2.  [PROTECTED TITLES AND RESTRICTIONS ON USE.] 
        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 licensed 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; 
           (8) speech correctionist; 
           (9) language therapist; 
           (10) voice therapist; 
           (11) voice pathologist; 
           (12) logopedist; 
           (13) communicologist; 
           (14) aphasiologist; 
           (15) phoniatrist; 
           (16) audiometrist; 
           (17) audioprosthologist; 
           (18) hearing therapist; 
           (19) hearing clinician; or 
           (20) hearing aid audiologist. 
           (c) Use of the term "Minnesota registered licensed" in 
        conjunction with the titles protected under this section by any 
        person is prohibited unless that person is registered licensed 
        under sections 148.511 to 148.5196.  
           Subd. 3.  [EXEMPTION.] (a) Nothing in sections 148.511 to 
        148.5196 prohibits the practice of any profession or occupation 
        licensed, certified, or registered by the state by any person 
        duly licensed, certified, or registered to practice the 
        profession or occupation or to perform any act that falls within 
        the scope of practice of the profession or occupation.  
           (b) Subdivision 1 does not apply to a student participating 
        in supervised field work or supervised course work that is 
        necessary to meet the requirements of section 148.515, 
        subdivision 2 or 3, if the person is designated by a title which 
        clearly indicates the person's status as a student trainee. 
           (c) Subdivisions 1 and 2 do not apply to a person visiting 
        and then leaving the state and using titles restricted under 
        this section while in the state, if the titles are used no more 
        than 30 days in a calendar year as part of a professional 
        activity that is limited in scope and duration and is in 
        association with an audiologist or speech-language pathologist 
        licensed under sections 148.511 to 148.5196. 
           Sec. 22.  Minnesota Statutes 2002, section 148.514, is 
        amended to read: 
           148.514 [GENERAL REGISTRATION LICENSURE REQUIREMENTS; 
        PROCEDURES AND QUALIFICATIONS.] 
           Subdivision 1.  [GENERAL REGISTRATION LICENSURE 
        PROCEDURES.] An applicant for registration licensure 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 LICENSURE QUALIFICATIONS.] 
        An applicant for registration licensure must possess the 
        qualifications required in one of the following clauses:  
           (1) a person who applies for registration licensure 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 licensure and who 
        has a current certificate of clinical competence issued by the 
        American Speech-Language-Hearing Association, or board 
        certification by the American Board of Audiology, must meet the 
        requirements of section 148.516; or 
           (3) a person who applies for registration licensure by 
        reciprocity must meet the requirements under section 148.517.  
           Sec. 23.  Minnesota Statutes 2002, section 148.515, 
        subdivision 2, is amended to read: 
           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 paragraph (b) to (h).  If 
        completing a doctoral program in which a master's degree has not 
        been conferred, an applicant must submit a transcript showing 
        completion of course work equivalent to, or exceeding, a 
        master's degree that meets the requirement of paragraph (b). 
           (b) All of the applicant's graduate coursework and clinical 
        practicum required in the professional area for which 
        registration licensure 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 Council on Academic 
        Accreditation in Audiology and Speech-Language Pathology, a body 
        recognized by the United States Department of Education, or an 
        equivalent as determined by the commissioner, in the area for 
        which registration licensure 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.  
           Sec. 24.  Minnesota Statutes 2002, section 148.515, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SUPERVISED POSTGRADUATE GRADUATE OR DOCTORAL 
        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) the graduate or doctoral clinical experience required by the 
        American Speech-Language-Hearing Association, the American Board 
        of Audiology, or an equivalent, as determined by the 
        commissioner, and must achieve a qualifying examination score on 
        the National Examination in Speech-Language Pathology or 
        Audiology.  
           (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, record keeping, 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.  
           Sec. 25.  Minnesota Statutes 2002, section 148.516, is 
        amended to read: 
           148.516 [REGISTRATION LICENSURE BY EQUIVALENCY.] 
           An applicant who applies for registration licensure by 
        equivalency must show evidence of possessing a current 
        certificate of clinical competence issued by the American 
        Speech-Language-Hearing Association or board certification by 
        the American Board of Audiology and must meet the requirements 
        of section 148.514. 
           Sec. 26.  Minnesota Statutes 2002, section 148.5161, is 
        amended to read: 
           148.5161 [TEMPORARY REGISTRATION CLINICAL FELLOWSHIP 
        LICENSURE OR DOCTORAL EXTERNSHIP LICENSURE.] 
           Subdivision 1.  [APPLICATION.] The commissioner shall issue 
        temporary registration clinical fellowship licensure or doctoral 
        externship licensure as a speech-language pathologist or 
        audiologist to an applicant who has applied for registration 
        licensure 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 clinical fellowship licensure or doctoral 
        externship licensure, 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 subdivision 2 and 
        3.  
           Subd. 3.  [SUPERVISION REQUIRED.] (a) A temporary 
        registrant clinical fellowship licensee or doctoral externship 
        licensee 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) (e). 
           (b) Supervision must include both on-site observation and 
        other monitoring activities.  On-site observation must involve 
        the supervisor, the supervisee clinical fellowship licensee or 
        doctoral externship licensee, and the client receiving 
        speech-language pathology or audiology services and must include 
        direct observation by the supervisor of treatment given by the 
        supervisee clinical fellowship licensee or doctoral externship 
        licensee.  Other monitoring activities must involve direct or 
        indirect evaluative contact by the supervisor of the supervisee 
        clinical fellowship licensee or doctoral externship licensee, 
        may be executed by correspondence, and may include, but are not 
        limited to, conferences with the supervisee clinical fellowship 
        licensee or doctoral externship licensee, 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 clinical fellowship licensee 
        or doctoral externship licensee must be supervised by an 
        individual who meets the definition of section 148.512, 
        subdivision 20, and:  
           (1) when the temporary registrant clinical fellowship 
        licensee or doctoral externship licensee is a speech-language 
        pathologist, is a registered licensed speech-language 
        pathologist, or holds a current certificate of clinical 
        competence in speech-language pathology from the American 
        Speech-Language-Hearing Association; and or 
           (2) when the temporary registrant clinical fellowship 
        licensee or doctoral externship licensee is an audiologist, is a 
        registered licensed audiologist, or holds a current certificate 
        of clinical competence in audiology from the American 
        Speech-Language-Hearing Association or board certification in 
        audiology by the American Board of Audiology. 
           (d) Temporary registration Clinical fellowship licensure or 
        doctoral externship licensure shall not be granted until the 
        applicant has completed the academic coursework and clinical 
        training in section 148.515, subdivisions subdivision 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 clinical fellowship licensee 
        or doctoral externship licensee must provide verification of 
        supervision on the application form provided by the commissioner.
           Subd. 4.  [DOCTORAL EXTERNSHIP LICENSURE.] Doctoral 
        candidates in audiology completing their final externship as 
        part of their training program are eligible to receive a 
        provisional license in audiology and are not required to 
        complete the postgraduate clinical fellowship year.  
           Subd. 5.  [EXPIRATION OF TEMPORARY REGISTRATION CLINICAL 
        FELLOWSHIP OR DOCTORAL EXTERNSHIP LICENSURE.] A temporary 
        registration clinical fellowship license or doctoral externship 
        license issued to a person pursuant to subdivision 2 expires 18 
        months after issuance or on the date the commissioner grants or 
        denies registration licensure, whichever occurs first.  Upon 
        application, a temporary registration clinical fellowship 
        license or doctoral externship license 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 clinical fellowship 
        license or doctoral externship license period and meet the 
        requirements of subdivision 1. 
           Subd. 5 6.  [TITLE USED.] A temporary registrant licensee 
        with a clinical fellowship or doctoral externship shall be 
        identified by one of the protected titles and a designation 
        indicating clinical fellowship status. 
           Sec. 27.  Minnesota Statutes 2002, section 148.517, is 
        amended to read: 
           148.517 [REGISTRATION LICENSURE BY RECIPROCITY.] 
           Subdivision 1.  [APPLICABILITY.] An applicant who applies 
        for registration licensure 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 licensure 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 licensed 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 licensure by reciprocity under 
        subdivision 2, must have maintained the appropriate government 
        body and unrestricted credentials in each jurisdiction in which 
        the applicant holds a credential submit letters during the last 
        five years as demonstrated by submitting 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.  
           Subd. 4.  [TEMPORARY REGISTRATION LICENSURE.] (a) The 
        commissioner shall issue temporary registration licensure as a 
        speech-language pathologist, an audiologist, or both, to an 
        applicant who has applied for registration licensure under this 
        section 148.515, 148.516, 148.517, or 148.518, subdivisions 1 
        and 2, and who: 
           (1) submits a signed and dated affidavit stating that the 
        applicant is not the subject of a disciplinary action or past 
        disciplinary action in this or another jurisdiction and is not 
        disqualified on the basis of section 148.5195, subdivision 3; 
        and 
           (2) either: 
           (i) provides a copy of a current credential as a 
        speech-language pathologist, an audiologist, or both, held in 
        the District of Columbia or a state or territory of the United 
        States; or 
           (ii) provides a copy of a current certificate of clinical 
        competence issued by the American Speech-Language-Hearing 
        Association or its equivalent board certification in audiology 
        by the American Board of Audiology. 
           (b) A temporary registration license issued to a person 
        under this subdivision expires 90 days after it is issued or on 
        the date the commissioner grants or denies registration 
        licensure, whichever occurs first.  
           (c) Upon application, a temporary registration license 
        shall be renewed once to a person who is able to demonstrate 
        good cause for failure to meet the requirements for registration 
        licensure within the initial temporary registration licensure 
        period and who is not the subject of a disciplinary action or 
        disqualified on the basis of section 148.5195, subdivision 3. 
           Sec. 28.  Minnesota Statutes 2002, section 148.518, is 
        amended to read: 
           148.518 [REGISTRATION LICENSURE FOLLOWING LAPSE OF 
        REGISTERED LICENSURE STATUS.] 
           Subdivision 1.  [LAPSE OF THREE YEARS OR LESS.] For an 
        applicant whose registered licensure status has lapsed for three 
        years or less, the applicant must:  
           (1) apply for registration licensure renewal according to 
        section 148.5191 and document compliance with the continuing 
        education requirements of section 148.5193 since the applicant's 
        registration license lapsed; or 
           (2) fulfill the requirements of section 148.517.; or 
           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 obtain a qualifying score on the examination 
        described in section 148.515, subdivision 5, within one year of 
        the application date for registration renewal; 
           (2) 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 from the Minnesota board of teaching 
        or for the practice of speech-language pathology or audiology in 
        another jurisdiction and provide evidence that the applicant's 
        credential from the Minnesota board of teaching or another 
        jurisdiction has been held in good standing during the period of 
        lapse; 
           (3) apply for renewal according to section 148.5191 and 
        submit documentation of having completed a combination of 
        speech-language pathology or audiology courses or a 
        speech-language pathology or audiology refresher program that 
        contains both a theoretical and clinical component preapproved 
        or approved by the commissioner.  Only courses completed within 
        one year preceding the date of the application or one year after 
        the date of the application will qualify for approval; or 
           (4) apply for renewal according to section 148.5191 and 
        submit proof of successful completion and verified documentation 
        of 160 hours of supervised practice approved by the 
        commissioner.  To participate in a supervised practice, the 
        applicant shall first apply and obtain temporary registration 
        according to section 148.5161, provide evidence to the 
        commissioner that the applicant holds a current and unrestricted 
        credential for the practice of speech-language pathology from 
        the Minnesota board of teaching or 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 
        Minnesota board of teaching or that jurisdiction's continuing 
        education requirements.  
           Sec. 29.  Minnesota Statutes 2002, section 148.519, is 
        amended to read: 
           148.519 [REGISTRATION LICENSURE PROCEDURES.] 
           Subdivision 1.  [APPLICATIONS FOR REGISTRATION LICENSURE.] 
        (a) An applicant for registration licensure must: 
           (1) submit a completed application for registration 
        licensure on forms provided by the commissioner.  The 
        application must include the applicant's name, certification 
        number under chapter 153A, if applicable, business address and 
        telephone number, or home address and telephone number if the 
        applicant practices speech-language pathology or audiology out 
        of the home, and a description of the applicant's education, 
        training, and experience, including previous work history for 
        the five years immediately preceding the date of application.  
        The commissioner may ask the applicant to provide additional 
        information necessary to clarify information submitted in the 
        application; and 
           (2) submit documentation of the certificate of clinical 
        competence issued by the American Speech-Language-Hearing 
        Association, board certification by the American Board of 
        Audiology, or satisfy the following requirements: 
           (2) (i) submit a transcript showing the completion of a 
        master's or doctoral degree or its equivalent meeting the 
        requirements of section 148.515, subdivision 2; 
           (3) (ii) submit documentation of the required hours of 
        supervised clinical training meeting the requirements of section 
        148.515, subdivision 3; 
           (4) (iii) submit documentation of the postgraduate clinical 
        or doctoral clinical experience meeting the requirements of 
        section 148.515, subdivision 4; and 
           (5) (iv) submit documentation of receiving a qualifying 
        score on an examination meeting the requirements of section 
        148.515, subdivision 5;. 
           (b) In addition, an applicant must: 
           (6) (1) sign a statement that the information in the 
        application is true and correct to the best of the applicant's 
        knowledge and belief; 
           (7) (2) submit with the application all fees required by 
        section 148.5194; and 
           (8) (3) sign a waiver authorizing the commissioner to 
        obtain access to the applicant's records in this or any other 
        state in which the applicant has engaged in the practice of 
        speech-language pathology or audiology.  
           Subd. 2.  [ACTION ON APPLICATIONS FOR REGISTRATION 
        LICENSURE.] (a) The commissioner shall act on an application for 
        registration licensure according to paragraphs (b) to (d).  
           (b) The commissioner shall determine if the applicant meets 
        the requirements for registration licensure.  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, via 
        certified mail, of action taken on the application and of the 
        grounds for denying registration licensure if registration 
        licensure is denied.  
           (d) An applicant denied registration licensure 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 for reconsideration of the denial. 
        Individuals requesting reconsideration may submit information 
        that the applicant wants considered in the reconsideration.  
        After reconsideration of the commissioner's determination to 
        deny licensure, the commissioner shall determine whether the 
        original determination should be affirmed or modified.  An 
        applicant may make only one request in any one biennial license 
        period for reconsideration of the commissioner's determination 
        to deny licensure.  
           Subd. 3.  [CHANGE OF ADDRESS.] A licensee who changes 
        addresses must inform the commissioner, in writing, of the 
        change of address within 30 days.  All notices or other 
        correspondence mailed to or served on a licensee by the 
        commissioner at the licensee's address on file with the 
        commissioner shall be considered as having been received by the 
        licensee. 
           Sec. 30.  Minnesota Statutes 2002, section 148.5191, is 
        amended to read: 
           148.5191 [REGISTRATION LICENSURE RENEWAL.] 
           Subdivision 1.  [RENEWAL REQUIREMENTS.] To renew 
        registration licensure, an applicant must:  
           (1) biennially complete a renewal application on a form 
        provided by the commissioner and submit the 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.  
           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 LICENSURE RENEWAL NOTICE.] 
        Registration Licensure renewal is on a biennial basis.  At least 
        60 days before the registration licensure expiration date, the 
        commissioner shall send out a renewal notice to the registrant's 
        licensee's last known address.  The notice shall include a 
        renewal application and notice of fees required for renewal.  If 
        the registrant licensee does not receive the renewal notice, the 
        registrant licensee is still required to meet the deadline for 
        renewal to qualify for continuous registered licensure status. 
           Subd. 4.  [RENEWAL DEADLINE.] Each registration certificate 
        license, including a temporary registration certificate license 
        provided under section 148.5161, must state an expiration date.  
        An application for registration licensure 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 licensee, or temporary registrant 
        licensee, if the period before the expiration date is less than 
        two years, the fee shall be prorated.  
           Sec. 31.  Minnesota Statutes 2002, section 148.5193, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NUMBER OF CONTACT HOURS REQUIRED.] (a) An 
        applicant for registration licensure renewal must meet the 
        requirements for continuing education according to stipulated by 
        the American Speech-Language-Hearing Association or the American 
        Board of Audiology, or satisfy the requirements described in 
        paragraphs (b) to (e).  
           (b) An applicant for registration licensure renewal as 
        either a speech-language pathologist or an audiologist must 
        provide evidence to the commissioner of a minimum of 30 contact 
        hours of continuing education offered by a continuing education 
        sponsor within the two years immediately preceding registration 
        licensure renewal.  A minimum of 20 contact hours of continuing 
        education must be directly related to the registrant's 
        licensee's area of registration licensure.  Ten contact hours of 
        continuing education may be in areas generally related to the 
        registrant's licensee's area of registration licensure.  
           (c) An applicant for registration licensure renewal as both 
        a speech-language pathologist and an audiologist must attest to 
        and document completion of a minimum of 36 contact hours of 
        continuing education offered by a continuing education sponsor 
        within the two years immediately preceding registration 
        licensure renewal.  A minimum of 15 contact hours must be 
        received in the area of speech-language pathology and a minimum 
        of 15 contact hours must be received in the area of audiology.  
        Six contact hours of continuing education may be in areas 
        generally related to the registrant's licensee's areas of 
        registration licensure.  
           (d) If the registrant licensee 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 a sponsor of continuing education; and 
           (ii) directly related to speech-language pathology; 
           (2) activities that are approved in the categories of 
        Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 
           (i) offered by a sponsor of continuing education; and 
           (ii) generally related to speech-language pathology; and 
           (3) one clock hour as defined in Minnesota Rules, part 
        8700.1000, subpart 1, is equivalent to 1.2 1.0 contact hours of 
        continuing education.  
           (e) Contact hours cannot be accumulated in advance and 
        transferred to a future continuing education period.  
           Sec. 32.  Minnesota Statutes 2002, section 148.5193, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EARNING CONTINUING EDUCATION CONTACT HOURS 
        THROUGH CONTACT HOUR EQUIVALENTS.] (a) A registrant licensee who 
        teaches continuing education courses or presents or publishes 
        for educational purposes may obtain contact hour equivalents 
        according to paragraphs (b) to (d). 
           (b) The sponsor of the course must meet the requirements of 
        subdivision 2.  
           (c) A registrant licensee may not obtain more than six 
        contact hours in any two-year continuing education period by 
        teaching continuing education courses.  
           (d) A registrant licensee may obtain two contact hours for 
        each hour spent teaching a course.  Contact hours may be claimed 
        only once for teaching the same course in any two-year 
        continuing education period.  
           Sec. 33.  Minnesota Statutes 2002, section 148.5193, 
        subdivision 6, is amended to read: 
           Subd. 6.  [RECORDS OF ATTENDANCE.] (a) A registrant 
        licensee must maintain for four years records of attending the 
        continuing education contact hours required for registration 
        licensure renewal.  
           (b) An applicant for registration licensure renewal must 
        submit documentation demonstrating compliance with continuing 
        education requirements of the American Speech-Language-Hearing 
        Association on the American Board of Audiology or an equivalent, 
        or 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 licensee.  The form 
        must be submitted with the renewal application under section 
        148.5191, subdivision 1.  
           Sec. 34.  Minnesota Statutes 2002, section 148.5193, 
        subdivision 6a, is amended to read: 
           Subd. 6a.  [VERIFICATION OF ATTENDANCE.] An applicant 
        for registration licensure renewal must submit verification of 
        attendance as follows: 
           (1) a certificate of attendance from the sponsor with the 
        continuing education course name, course date, and registrant's 
        licensee's name.  If a certificate is not available, the 
        commissioner may accept other evidence of attendance such as a 
        confirmation or statement of registration for regional or 
        national annual conferences or conventions of professional 
        associations, a copy of the continuing education courses 
        indicating those attended, and an affidavit of attendance; 
           (2) a copy of a record of attendance from the sponsor of 
        the continuing education course; 
           (3) a signature of the presenter or a designee at the 
        continuing education activity on the continuing education report 
        form; 
           (4) a summary or outline of the educational content of an 
        audio or video educational activity if a designee is not 
        available to sign the continuing education report form; 
           (5) for self-study programs, a certificate of completion or 
        other documentation indicating that the individual has 
        demonstrated knowledge and has successfully completed the 
        program; and or 
           (6) for attendance at a university, college, or vocational 
        course, an official transcript. 
           Sec. 35.  Minnesota Statutes 2002, section 148.5193, 
        subdivision 7, is amended to read: 
           Subd. 7.  [VERIFICATION OF CONTINUING EDUCATION REPORTS.] 
        The commissioner may request a registrant licensee or continuing 
        education sponsor to verify the continuing education to which 
        the registrant licensee attested.  Documentation may come 
        directly from the registrant licensee, the continuing education 
        sponsor, or from a national accrediting or certifying 
        organization which maintains the records.  
           Sec. 36.  Minnesota Statutes 2002, section 148.5193, 
        subdivision 8, is amended to read: 
           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 licensee.  A registrant licensee 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 licensee 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 licensee. 
           Sec. 37.  Minnesota Statutes 2002, section 148.5194, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FEE PRORATION.] The commissioner shall 
        prorate the registration licensure fee for clinical fellowship, 
        doctoral externship, temporary, and first time registrants 
        licensees according to the number of months that have elapsed 
        between the date registration the license is issued and the date 
        registration the license must be renewed under section 148.5191, 
        subdivision 4.  
           Sec. 38.  Minnesota Statutes 2002, section 148.5194, 
        subdivision 2, is amended to read: 
           Subd. 2.  [BIENNIAL REGISTRATION LICENSURE FEE.] The fee 
        for initial registration licensure and biennial registration 
        licensure, temporary registration licensure, or renewal is $200. 
           Sec. 39.  Minnesota Statutes 2002, section 148.5194, 
        subdivision 3, is amended to read: 
           Subd. 3.  [BIENNIAL REGISTRATION LICENSURE FEE FOR DUAL 
        REGISTRATION LICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST AND 
        AUDIOLOGIST.] The fee for initial registration licensure and 
        biennial registration licensure, clinical fellowship, doctoral 
        externship, temporary registration license, or renewal is $200. 
           Sec. 40.  Minnesota Statutes 2002, section 148.5194, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [SURCHARGE FEE.] Notwithstanding section 
        16A.1285, subdivision 2, for a period of four years following 
        July 1, 1999, an applicant for registration licensure or 
        registration licensure renewal must pay a surcharge fee of $25 
        in addition to any other fees due upon registration licensure or 
        registration licensure renewal.  This subdivision expires June 
        30, 2003. 
           Sec. 41.  Minnesota Statutes 2002, section 148.5195, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RIGHTS OF APPLICANTS AND REGISTRANTS LICENSEES.] 
        The rights of an applicant denied registration licensure are 
        stated in section 148.519, subdivision 2, paragraph (d).  
        A registrant licensee shall not be subjected to disciplinary 
        action under this section without first having an opportunity 
        for a contested case hearing under chapter 14.  
           Sec. 42.  Minnesota Statutes 2002, 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, via certified mail, 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; 
           (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, the Council on Academic 
        Accreditation in Audiology and Speech-Language Pathology, the 
        United States Department of Education, or an equivalent. 
           Sec. 43.  Minnesota Statutes 2002, section 148.5195, 
        subdivision 4, is amended to read: 
           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 licensure; 
           (2) suspend registration licensure for a period not 
        exceeding one year; 
           (3) revoke registration licensure; or 
           (4) take any reasonable lesser action against an individual 
        upon proof that the individual has violated sections 148.511 to 
        148.5196; or 
           (5) impose, for each violation, a civil penalty not 
        exceeding $10,000 that deprives the licensee of any economic 
        advantage gained by the violation and that reimburses the 
        department of health for costs of the investigation and 
        proceedings resulting in disciplinary action, including the 
        amount paid for services of the administrative hearings, the 
        amount paid for services of the office of the attorney general, 
        attorney fees, court reporters, witnesses, reproduction of 
        records, advisory council members' per diem compensation, 
        department staff time, and expenses incurred by advisory council 
        members and department staff.  
           Sec. 44.  Minnesota Statutes 2002, section 148.5195, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CONSEQUENCES OF DISCIPLINARY ACTIONS.] Upon the 
        suspension or revocation of registration licensure, the 
        speech-language pathologist or audiologist shall cease to 
        practice speech-language pathology or audiology, 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 licensed by the commissioner.  
           Sec. 45.  Minnesota Statutes 2002, section 148.5195, 
        subdivision 6, is amended to read: 
           Subd. 6.  [REINSTATEMENT REQUIREMENTS AFTER DISCIPLINARY 
        ACTION.] A speech-language pathologist or audiologist who has 
        had registration licensure 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 
        licensure must be met before registration licensure may be 
        reinstated.  
           Sec. 46.  Minnesota Statutes 2002, section 148.5196, is 
        amended to read: 
           148.5196 [SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST 
        ADVISORY COUNCIL.] 
           Subdivision 1.  [MEMBERSHIP.] The commissioner shall 
        appoint seven eight persons to a speech-language pathologist and 
        audiologist advisory council.  The seven eight 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 licensed 
        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 licensed 
        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 speech-language pathology by the Minnesota board of 
        teaching; and 
           (4) two audiologists registered licensed 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; and 
           (5) one physician licensed under chapter 147 and certified 
        by the American Board of Otolaryngology, Head and Neck Surgery.  
           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 licensure 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 
        licensure standards; 
           (4) review applications and make recommendations to the 
        commissioner on granting or denying registration licensure or 
        registration licensure renewal; 
           (5) review reports of investigations relating to 
        individuals and make recommendations to the commissioner as to 
        whether registration licensure should be denied or disciplinary 
        action taken against the individual; 
           (6) advise the commissioner regarding approval of 
        continuing education activities provided by sponsors using the 
        criteria in section 148.5193, subdivision 2; and 
           (7) perform other duties authorized for advisory councils 
        under chapter 214, or as directed by the commissioner. 
           Sec. 47.  Minnesota Statutes 2002, section 153A.14, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [EXEMPTION FROM WRITTEN EXAMINATION 
        REQUIREMENT.] Persons completing the audiology registration 
        requirements of section 148.515 after January 1, 1996, are 
        exempt from the written examination requirements of subdivision 
        2h, paragraph (a), clause (1).  Minnesota registration or 
        American Speech-Language-Hearing Association certification 
        licensure, a current certification of clinical competence issued 
        by the American Speech-Language-Hearing Association, board 
        certification in audiology by the American Board of Audiology, 
        or an equivalent, as an audiologist is not required but may be 
        submitted as evidence qualifying for exemption from the written 
        examination if the requirements are completed after January 1, 
        1996.  Persons qualifying for written examination exemption must 
        fulfill the other credentialing requirements under subdivisions 
        1 and 2 before a certificate may be issued by the commissioner. 
           Sec. 48.  Minnesota Statutes 2002, section 153A.14, 
        subdivision 2i, is amended to read: 
           Subd. 2i.  [CONTINUING EDUCATION REQUIREMENT.] On forms 
        provided by the commissioner, each certified dispenser must 
        submit with the application for renewal of certification 
        evidence of completion of ten course hours of continuing 
        education earned within the 12-month period of July 1 to June 30 
        immediately preceding renewal.  Continuing education courses 
        must be directly related to hearing instrument dispensing and 
        approved by the International Hearing Society or qualify for 
        continuing education approved for Minnesota registered licensed 
        audiologists.  Evidence of completion of the ten course hours of 
        continuing education must be submitted with renewal applications 
        by October 1 of each year.  This requirement does not apply to 
        dispensers certified for less than one year.  The first report 
        of evidence of completion of the continuing education credits 
        shall be due October 1, 1997.  
           Sec. 49.  Minnesota Statutes 2002, section 153A.17, is 
        amended to read: 
           153A.17 [EXPENSES; FEES.] 
           The expenses for administering the certification 
        requirements including the complaint handling system for hearing 
        aid dispensers in sections 153A.14 and 153A.15 and the consumer 
        information center under section 153A.18 must be paid from 
        initial application and examination fees, renewal fees, 
        penalties, and fines.  All fees are nonrefundable.  The 
        certificate application fee is $165 for audiologists registered 
        licensed under section 148.511 and $490 for all others, the 
        examination fee is $200 for the written portion and $200 for the 
        practical portion each time one or the other is taken, and the 
        trainee application fee is $100.  Notwithstanding the policy set 
        forth in section 16A.1285, subdivision 2, a surcharge of $165 
        for audiologists registered licensed under section 148.511 and 
        $330 for all others shall be paid at the time of application or 
        renewal until June 30, 2003, to recover the commissioner's 
        accumulated direct expenditures for administering the 
        requirements of this chapter.  The penalty fee for late 
        submission of a renewal application is $200.  All fees, 
        penalties, and fines received must be deposited in the state 
        government special revenue fund.  The commissioner may prorate 
        the certification fee for new applicants based on the number of 
        quarters remaining in the annual certification period. 
           Sec. 50.  Minnesota Statutes 2002, section 153A.20, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEMBERSHIP.] The commissioner shall 
        appoint nine persons to a hearing instrument dispenser advisory 
        council. 
           (a) The nine persons must include: 
           (1) three public members, as defined in section 214.02.  At 
        least one of the public members shall be a hearing instrument 
        user and one of the public members shall be either a hearing 
        instrument user or an advocate of one; and 
           (2) three hearing instrument dispensers certified under 
        sections 153A.14 to 153A.20, each of whom is currently, and has 
        been for the five years immediately preceding their appointment, 
        engaged in hearing instrument dispensing in Minnesota and who 
        represent the occupation of hearing instrument dispensing and 
        who are not audiologists; and 
           (3) three audiologists who are certified hearing instrument 
        dispensers or are registered licensed as audiologists under 
        chapter 148. 
           (b) The factors the commissioner may consider when 
        appointing advisory council members include, but are not limited 
        to, professional affiliation, geographical location, and type of 
        practice. 
           (c) No two members of the advisory council shall be 
        employees of, or have binding contracts requiring sales 
        exclusively for, the same hearing instrument manufacturer or the 
        same employer. 
           Sec. 51.  Minnesota Statutes 2002, section 214.32, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MANAGEMENT.] (a) A health professionals 
        services program committee is established, consisting of one 
        person appointed by each participating board, with each 
        participating board having one vote.  The committee shall 
        designate one board to provide administrative management of the 
        program, set the program budget and the pro rata share of 
        program expenses to be borne by each participating board, 
        provide guidance on the general operation of the program, 
        including hiring of program personnel, and ensure that the 
        program's direction is in accord with its authority.  If the 
        participating boards change which board is designated to provide 
        administrative management of the program, any appropriation 
        remaining for the program shall transfer to the newly designated 
        board on the effective date of the change.  The participating 
        boards must inform the appropriate legislative committees and 
        the commissioner of finance of any change in the administrative 
        management of the program, and the amount of any appropriation 
        transferred under this provision. 
           (b) The designated board, upon recommendation of the health 
        professional services program committee, shall hire the program 
        manager and employees and pay expenses of the program from funds 
        appropriated for that purpose.  The designated board may apply 
        for grants to pay program expenses and may enter into contracts 
        on behalf of the program to carry out the purposes of the 
        program.  The participating boards shall enter into written 
        agreements with the designated board. 
           (c) An advisory committee is established to advise the 
        program committee consisting of: 
           (1) one member appointed by each of the following:  the 
        Minnesota Academy of Physician Assistants, the Minnesota Dental 
        Association, the Minnesota Chiropractic Association, the 
        Minnesota Licensed Practical Nurse Association, the Minnesota 
        Medical Association, the Minnesota Nurses Association, and the 
        Minnesota Podiatric Medicine Association; 
           (2) one member appointed by each of the professional 
        associations of the other professions regulated by a 
        participating board not specified in clause (1); and 
           (3) two public members, as defined by section 214.02.  
        Members of the advisory committee shall be appointed for two 
        years and members may be reappointed.  
           The advisory committee expires June 30, 2003 2007. 
           Sec. 52.  [REVISOR INSTRUCTION.] 
           The revisor shall renumber Minnesota Statutes, section 
        148.517, subdivision 4, as Minnesota Statutes, section 148.5175. 
           Sec. 53.  [REPEALER.] 
           Minnesota Statutes 2002, sections 148.512, subdivision 11; 
        and 148.515, subdivisions 3 and 5, are repealed. 
           Sec. 54.  [EFFECTIVE DATE.] 
           Sections 1 to 3 and 51 are effective July 1, 2003. 
           Presented to the governor May 20, 2003 
           Signed by the governor May 23, 2003, 3:15 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569