2002 Minnesota Statutes

     148.5195 Investigation process and grounds for 
  disciplinary action. 

    Subdivision 1.    Investigations of complaints.  The 
 commissioner or advisory council may initiate an investigation 
 upon receiving a signed complaint or other signed written 
 communication that alleges or implies that an individual has 
 violated sections 148.511 to 148.5196.  According to section 
 214.13, subdivision 6, in the receipt, investigation, and 
 hearing of a complaint that alleges or implies an individual has 
 violated sections 148.511 to 148.5196, the commissioner shall 
 follow the procedures in section 214.10.  

    Subd. 2.    Rights of applicants and registrants.  The 
 rights of an applicant denied registration are stated in section 
 148.519, subdivision 2, paragraph (d).  A registrant shall not 
 be subjected to disciplinary action under this section without 
 first having an opportunity for a contested case hearing under 
 chapter 14.  

    Subd. 3.    Grounds for disciplinary action by 
 commissioner.  The commissioner may take any of the 
 disciplinary actions listed in subdivision 4 on proof that the 
 individual has: 

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

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

    (3) performed services of a speech-language pathologist or 
 audiologist in an incompetent or negligent manner; 

    (4) violated sections 148.511 to 148.5196; 

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

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

    (7) aided or abetted another person in violating any 
 provision of sections 148.511 to 148.5196; 

    (8) been or is being disciplined by another jurisdiction, 
 if any of the grounds for the discipline is the same or 
 substantially equivalent to those under sections 148.511 to 
 148.5196; 

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

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

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

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

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

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

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

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

    (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. 

    Subd. 4.    Disciplinary actions.  If the commissioner 
 finds that an individual should be disciplined according to 
 subdivision 3, the commissioner may take any one or more of the 
 following actions:  

    (1) refuse to grant or renew registration; 

    (2) suspend registration for a period not exceeding one 
 year; 

    (3) revoke registration; or 

    (4) take any reasonable lesser action against an individual 
 upon proof that the individual has violated sections 148.511 to 
 148.5196.  

    Subd. 5.    Consequences of disciplinary actions.  Upon 
 the suspension or revocation of registration, the 
 speech-language pathologist or audiologist shall cease to use 
 titles protected under sections 148.511 to 148.5196 and shall 
 cease to represent to the public that the speech-language 
 pathologist or audiologist is registered by the commissioner.  

    Subd. 6.    Reinstatement requirements after disciplinary 
 action.  A speech-language pathologist or audiologist who has 
 had registration suspended may petition on forms provided by the 
 commissioner for reinstatement following the period of 
 suspension specified by the commissioner.  The requirements of 
 section 148.5191 for renewing registration must be met before 
 registration may be reinstated.  

    HIST: 1996 c 363 s 13; 1998 c 317 s 9