HF 3700

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/24/2022 02:06pm

A bill for an act
relating to health occupations; establishing licensure requirements for
speech-language pathology assistants; establishing licensure fees and criminal
history background check requirements; providing for supervision of
speech-language pathology assistants working in elementary and secondary schools;
amending Minnesota Statutes 2020, sections 122A.15, subdivision 1; 144.0572,
subdivision 1; 148.512, subdivision 17a; 148.513, subdivisions 1, 2, by adding a
subdivision; 148.514, subdivision 1; 148.515, subdivision 1; 148.516; 148.519,
subdivision 1, by adding a subdivision; 148.5192, subdivisions 1, 3; 148.5193,
subdivision 1, by adding a subdivision; 148.5194, subdivision 8, by adding a
subdivision; 148.5195, subdivision 3; 148.5196, subdivisions 1, 3; Minnesota
Statutes 2021 Supplement, section 245C.031, subdivision 4; proposing coding for
new law in Minnesota Statutes, chapters 122A; 148.

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

Section 1.

Minnesota Statutes 2020, section 122A.15, subdivision 1, is amended to read:

Subdivision 1.

Teachers.

The term "teachers" for the purpose of licensure, means all
persons employed in a public school or education district or by a service cooperative as
members of the instructional, supervisory, and support staff including superintendents,
principals, supervisors, secondary vocational and other classroom teachers, librarians,
counselors, school psychologists, school nurses, school social workers, audio-visual directors
and coordinators, recreation personnel, media generalists, media supervisors, and deleted text begin speech
therapists deleted text end new text begin school speech-language pathologists new text end .

Sec. 2.

new text begin [122A.34] SPEECH-LANGUAGE PATHOLOGY ASSISTANT SUPERVISION
REQUIREMENTS.
new text end

new text begin The supervision requirements for speech-language pathology assistants in section
148.5192, subdivision 3, paragraph (h), apply to speech-language pathology assistants
working in elementary and secondary schools. In order to supervise speech-language
pathology assistants under this section, a speech-language pathologist must be licensed to
provide speech-language pathology services in the setting where the supervision takes place.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2020, section 144.0572, subdivision 1, is amended to read:

Subdivision 1.

Criminal history background check requirements.

(a) Beginning
January 1, 2018, an applicant for initial licensure, temporary licensure, or relicensure after
a lapse in licensure as an audiologist or speech-language pathologist, or an applicant for
initial certification as a hearing instrument dispenser, must submit to a criminal history
records check of state data completed by the Bureau of Criminal Apprehension (BCA) and
a national criminal history records check, including a search of the records of the Federal
Bureau of Investigation (FBI).

(b) Beginning January 1, 2020, an applicant for a renewal license or certificate as an
audiologist, speech-language pathologist, or hearing instrument dispenser who was licensed
or obtained a certificate before January 1, 2018, must submit to a criminal history records
check of state data completed by the BCA and a national criminal history records check,
including a search of the records of the FBI.

new text begin (c) An applicant for initial licensure, relicensure after a lapse in licensure, or license
renewal as a speech-language pathology assistant must submit to a criminal history records
check of state data completed by the BCA and a national criminal history records check,
including a search of the records of the FBI.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end An applicant must submit to a background study under chapter 245C.

deleted text begin (d) deleted text end new text begin (e) new text end The criminal history records check must be structured so that any new crimes
that an applicant or licensee or certificate holder commits after the initial background check
are flagged in the BCA's or FBI's database and reported back to the commissioner of human
services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 4.

Minnesota Statutes 2020, section 148.512, subdivision 17a, is amended to read:

Subd. 17a.

Speech-language pathology assistant.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 5.

Minnesota Statutes 2020, section 148.513, subdivision 1, is amended to read:

Subdivision 1.

Unlicensed practice prohibited.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 6.

Minnesota Statutes 2020, section 148.513, subdivision 2, is amended to read:

Subd. 2.

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

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

(1) speech-language;

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

(3) speech pathologist;

(4) language pathologist;

(5) audiologist, A, or AUD;

(6) speech therapist;

(7) speech clinician;

(8) speech correctionist;

(9) language therapist;

(10) voice therapist;

(11) voice pathologist;

(12) logopedist;

(13) communicologist;

(14) aphasiologist;

(15) phoniatrist;

(16) audiometrist;

(17) audioprosthologist;

(18) hearing therapist;

(19) hearing clinician; or

(20) hearing aid audiologist.

new text begin (b) Except as provided in subdivision 2b, new text end use of the term "Minnesota licensed" in
conjunction with the titles protected under deleted text begin this deleted text end paragraph new text begin (a) new text end by any person is prohibited
unless that person is licensed new text begin as a speech-language pathologist or audiologist new text end under sections
148.511 to 148.5198.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 7.

Minnesota Statutes 2020, section 148.513, is amended by adding a subdivision to
read:

new text begin Subd. 2b. new text end

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

new text begin (a) Use of the following titles is prohibited unless that person is licensed as a
speech-language pathology assistant under sections 148.511 to 148.5198: "speech-language
pathology assistant," "SLP assistant," or "SLP asst." Use of the term "Minnesota licensed"
in connection with a title listed in this paragraph is prohibited unless that person is licensed
as a speech-language pathology assistant under sections 148.511 to 148.5198.
new text end

new text begin (b) A speech-language pathology assistant must not represent, indicate, or imply to the
public that the assistant is a licensed speech-language pathologist.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 8.

Minnesota Statutes 2020, section 148.514, subdivision 1, is amended to read:

Subdivision 1.

General licensure procedures.

An applicant for licensure must:

(1) submit an application as required under section 148.519, subdivision 1 new text begin or 1a new text end ;

(2) submit all fees required under section 148.5194; and

(3) consent to a fingerprint-based background check as required under section 148.519.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 9.

Minnesota Statutes 2020, section 148.515, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 10.

Minnesota Statutes 2020, section 148.516, is amended to read:

148.516 LICENSURE BY EQUIVALENCY new text begin ; SPEECH-LANGUAGE
PATHOLOGISTS AND AUDIOLOGISTS new text end .

An applicant who applies for licensure by equivalency new text begin as a speech-language pathologist
or audiologist new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 11.

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

new text begin Subdivision 1. new text end

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

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

new text begin Subd. 2. new text end

new text begin Person practicing as a speech-language pathology assistant before July 1,
2023. new text end

new text begin (a) A person who is practicing as a speech-language pathology assistant before July
1, 2023, and who does not meet the qualifications for a license under section 148.5186 may
apply for a restricted speech-language pathology assistant license from the commissioner.
An applicant under this paragraph must submit to the commissioner:
new text end

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

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

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

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

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

new text begin A licensee under this subdivision must obtain an associate degree that meets the requirements
of this paragraph prior to July 1, 2028. A licensee who fails to obtain an associate degree
prior to July 1, 2028, is not eligible to apply for licensure under section 148.5186. Upon
completion of the requirements in this paragraph prior to July 1, 2028, a licensee with a
restricted license under this subdivision is eligible to apply for licensure under section
148.5186.
new text end

new text begin (c) A restricted license issued under this subdivision may be renewed until July 1, 2028.
new text end

new text begin Subd. 3. new text end

new text begin Person with a bachelor's degree in communication sciences or disorders
and practicing as a speech-language pathology assistant before July 1, 2023. new text end

new text begin (a) A
person with a bachelor's degree in the discipline of communication sciences or disorders
and who is practicing as a speech-language pathology assistant before July 1, 2023, but who
does not meet the qualifications for a license under section 148.5186, may apply for a
restricted speech-language pathology assistant license from the commissioner. An applicant
under this paragraph must submit to the commissioner:
new text end

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

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

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

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

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

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

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

new text begin (c) A restricted license issued under this subdivision may be renewed until July 1, 2026.
new text end

new text begin Subd. 4. new text end

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

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

new text begin (b) In order to be licensed as a speech-language pathology assistant under section
148.5186, a licensee with a restricted license under this subdivision must complete any
missing coursework or supervised field work experience, as determined by the commissioner,
in a speech-language pathology assisting program prior to July 1, 2028. A licensee who
fails to complete the required course work or supervised field work experience prior to July
1, 2028, is not eligible for licensure under section 148.5186. Upon completion of the
requirements in this paragraph prior to July 1, 2028, a licensee with a restricted license
under this subdivision is eligible to apply for licensure under section 148.5186.
new text end

new text begin (c) A restricted license issued under this subdivision may be renewed until July 1, 2028.
new text end

new text begin Subd. 5. new text end

new text begin Change of employer. new text end

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

new text begin Subd. 6. new text end

new text begin Continuing education. new text end

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

new text begin Subd. 7. new text end

new text begin Scope of practice. new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 12.

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

new text begin Subdivision 1. new text end

new text begin Requirements for licensure. new text end

new text begin To be eligible for licensure as a
speech-language pathology assistant, an applicant must submit to the commissioner:
new text end

new text begin (1) a transcript from an educational institution documenting satisfactory completion of
either:
new text end

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

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

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

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

new text begin (2) for an applicant with a restricted license, evidence of compliance with the requirements
in section 148.5185, subdivision 2, paragraph (b); 3, paragraph (b); or 4, paragraph (b).
new text end

new text begin Subd. 2. new text end

new text begin Licensure by equivalency. new text end

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

new text begin Subd. 3. new text end

new text begin Scope of practice. new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 13.

Minnesota Statutes 2020, section 148.519, subdivision 1, is amended to read:

Subdivision 1.

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

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

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

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

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

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

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

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

(b) In addition, an applicant must:

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 14.

Minnesota Statutes 2020, section 148.519, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

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

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

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

new text begin (2) submit documentation that the applicant satisfies the qualifications in section 148.5185
or 148.5186;
new text end

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

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

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

new text begin (6) consent to a fingerprint-based criminal history background check as required under
section 144.0572, pay all required fees, and cooperate with all requests for information. An
applicant must complete a new criminal history background check if more than one year
has elapsed since the applicant last applied for a license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 15.

Minnesota Statutes 2020, section 148.5192, subdivision 1, is amended to read:

Subdivision 1.

Delegation requirements.

A licensed speech-language pathologist may
delegate duties to a speech-language pathology assistant in accordance with this section.
Duties may only be delegated to an individual who deleted text begin has documented with a transcript from
an educational institution satisfactory completion of either: deleted text end new text begin is licensed under sections 148.511
to 148.5198.
new text end

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 16.

Minnesota Statutes 2020, section 148.5192, subdivision 3, is amended to read:

Subd. 3.

Supervision requirements.

(a) A supervising speech-language pathologist
shall authorize and accept full responsibility for the performance, practice, and activity of
a speech-language pathology assistant.

(b) A supervising speech-language pathologist must:

(1) be licensed under sections 148.511 to 148.5198;

(2) hold a certificate of clinical competence from the American Speech-Language-Hearing
Association or its equivalent as approved by the commissioner; and

(3) have completed at least one continuing education unit in supervision.

(c) The supervision of a speech-language pathology assistant shall be maintained on the
following schedule:

(1) for the first 90 workdays, within a 40-hour work week, 30 percent of the work
performed by the speech-language pathology assistant must be supervised and at least 20
percent of the work performed must be under direct supervision; and

(2) for the work period after the initial 90-day period, within a 40-hour work week, 20
percent of the work performed must be supervised and at least ten percent of the work
performed must be under direct supervision.

(d) For purposes of this section, "direct supervision" means deleted text begin on-site, in-view deleted text end observation
and guidance by the supervising speech-language pathologist during the performance of a
delegated duty new text begin that is either on-site, in-view observation and guidance, or observation and
guidance performed through the use of real-time, two-way interactive audio and visual
communication new text end . The supervision requirements described in this section are minimum
requirements. Additional supervision requirements may be imposed at the discretion of the
supervising speech-language pathologist.

(e) A supervising speech-language pathologist must be available to communicate with
a speech-language pathology assistant at any time the assistant is in direct contact with a
client.

(f) A supervising speech-language pathologist must document activities performed by
the assistant that are directly supervised by the supervising speech-language pathologist.
At a minimum, the documentation must include:

(1) information regarding the quality of the speech-language pathology assistant's
performance of the delegated duties; and

(2) verification that any delegated clinical activity was limited to duties authorized to
be performed by the speech-language pathology assistant under this section.

(g) A supervising speech-language pathologist must review and cosign all informal
treatment notes signed or initialed by the speech-language pathology assistant.

(h) A full-time, speech-language pathologist may supervise no more than deleted text begin one deleted text end new text begin two new text end
full-time, speech-language pathology deleted text begin assistant deleted text end new text begin assistants new text end or the equivalent of deleted text begin one deleted text end new text begin two new text end
full-time deleted text begin assistant deleted text end new text begin assistants new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 17.

Minnesota Statutes 2020, section 148.5193, subdivision 1, is amended to read:

Subdivision 1.

Number of contact hours required new text begin ; speech-language pathologists
and audiologists new text end .

(a) An applicant for licensure renewal new text begin as a speech-language pathologist
or audiologist new text end must meet the requirements for continuing education stipulated by the
American Speech-Language-Hearing Association or the American Board of Audiology, or
satisfy the requirements described in paragraphs (b) to (e).

(b) Within one month following expiration of a license, an applicant for licensure renewal
as either a speech-language pathologist or an audiologist must provide evidence to the
commissioner of a minimum of 30 contact hours of continuing education obtained within
the two years immediately preceding licensure expiration. A minimum of 20 contact hours
of continuing education must be directly related to the licensee's area of licensure. Ten
contact hours of continuing education may be in areas generally related to the licensee's
area of licensure. Licensees who are issued licenses for a period of less than two years shall
prorate the number of contact hours required for licensure renewal based on the number of
months licensed during the biennial licensure period. Licensees shall receive contact hours
for continuing education activities only for the biennial licensure period in which the
continuing education activity was performed.

(c) An applicant for licensure renewal as both a speech-language pathologist and an
audiologist must attest to and document completion of a minimum of 36 contact hours of
continuing education offered by a continuing education sponsor within the two years
immediately preceding licensure renewal. A minimum of 15 contact hours must be received
in the area of speech-language pathology and a minimum of 15 contact hours must be
received in the area of audiology. Six contact hours of continuing education may be in areas
generally related to the licensee's areas of licensure. Licensees who are issued licenses for
a period of less than two years shall prorate the number of contact hours required for licensure
renewal based on the number of months licensed during the biennial licensure period.
Licensees shall receive contact hours for continuing education activities only for the biennial
licensure period in which the continuing education activity was performed.

(d) If the licensee is licensed by the Professional Educator Licensing and Standards
Board:

(1) activities that are approved in the categories of Minnesota Rules, part 8710.7200,
subpart 3, items A and B, and that relate to speech-language pathology, shall be considered:

(i) offered by a sponsor of continuing education; and

(ii) directly related to speech-language pathology;

(2) activities that are approved in the categories of Minnesota Rules, part 8710.7200,
subpart 3, shall be considered:

(i) offered by a sponsor of continuing education; and

(ii) generally related to speech-language pathology; and

(3) one clock hour as defined in Minnesota Rules, part 8710.7200, subpart 1, is equivalent
to 1.0 contact hours of continuing education.

(e) Contact hours may not be accumulated in advance and transferred to a future
continuing education period.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 18.

Minnesota Statutes 2020, section 148.5193, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 19.

Minnesota Statutes 2020, section 148.5194, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

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

new text begin The fee for initial
licensure or restricted licensure as a speech-language pathology assistant is $130. The fee
for licensure renewal is $120.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 20.

Minnesota Statutes 2020, section 148.5194, subdivision 8, is amended to read:

Subd. 8.

Penalty fees.

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

(b) The penalty fee for applicants who engage in the unauthorized practice of
speech-language pathology or audiology new text begin , practice as a speech-language pathology assistant, new text end
or deleted text begin using deleted text end new text begin use new text end protected titles before being issued a license is the amount of the license
application fee for any part of the first month, plus the license application fee for any part
of any subsequent month up to 36 months. This paragraph does not apply to applicants not
qualifying for a license who engage in the unauthorized practice of speech language
pathology or audiology.

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 21.

Minnesota Statutes 2020, section 148.5195, subdivision 3, is amended to read:

Subd. 3.

Grounds for disciplinary action by commissioner.

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

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

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

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

(4) violated sections 148.511 to 148.5198;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 22.

Minnesota Statutes 2020, section 148.5196, subdivision 1, is amended to read:

Subdivision 1.

Membership.

The commissioner shall appoint deleted text begin 12 deleted text end new text begin 13 new text end persons to a
Speech-Language Pathologist and Audiologist Advisory Council. The deleted text begin 12 deleted text end new text begin 13 new text end persons must
include:

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 23.

Minnesota Statutes 2020, section 148.5196, subdivision 3, is amended to read:

Subd. 3.

Duties.

The advisory council shall:

(1) advise the commissioner regarding speech-language pathologist and audiologist
licensure standards;

(2) advise the commissioner regarding the delegation of duties to new text begin , licensure standards
for, new text end and the training required for speech-language pathology assistants;

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 24.

Minnesota Statutes 2021 Supplement, section 245C.031, subdivision 4, is amended
to read:

Subd. 4.

Applicants, licensees, and other occupations regulated by the commissioner
of health.

The commissioner shall conduct an alternative background study, including a
check of state data, and a national criminal history records check of the following individuals.
For studies under this section, the following persons shall complete a consent form:

(1) An applicant for initial licensure, temporary licensure, or relicensure after a lapse in
licensure as an audiologist or speech-language pathologist or an applicant for initial
certification as a hearing instrument dispenser who must submit to a background study
under section 144.0572.

(2) An applicant for a renewal license or certificate as an audiologist, speech-language
pathologist, or hearing instrument dispenser who was licensed or obtained a certificate
before January 1, 2018.

new text begin (3) An applicant for initial licensure, relicensure after a lapse in licensure, or license
renewal as a speech-language pathology assistant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end