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 148.5198. 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 148.5198, the commissioner shall follow the procedures in section 214.10.
Subd. 2. Rights of applicants and licensees. The rights of an applicant denied licensure are stated in section 148.519, subdivision 2, paragraph (e). A licensee 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 148.5198;
(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. 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 148.5198;
(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.
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 licensure;
(2) suspend licensure for a period not exceeding one year;
(3) revoke licensure;
(4) take any reasonable lesser action against an individual upon proof that the individual has violated sections 148.511 to 148.5198; 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.
Subd. 5. Consequences of disciplinary actions. Upon the suspension or revocation of 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 148.5198, and to represent to the public that the speech-language pathologist or audiologist is licensed by the commissioner.
Subd. 6. Reinstatement requirements after disciplinary action. A speech-language pathologist or audiologist who has had 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 licensure must be met before licensure may be reinstated.
Subd. 7. Authority to contract. The commissioner shall contract with the health professionals services program as authorized by sections 214.31 to 214.37 to provide these services to practitioners under this chapter. The health professionals services program does not affect the commissioner's authority to discipline violations of sections 148.511 to 148.5198.
1996 c 363 s 13; 1998 c 317 s 9; 2003 c 87 s 41-45; 2004 c 279 art 1 s 17; 2005 c 147 art 7 s 7,19; 2006 c 267 art 2 s 9; 2008 c 189 s 13; 2010 c 274 s 3; 1Sp2017 c 6 art 10 s 120
Structure Minnesota Statutes
Chapter 148 — Public Health Occupations
Section 148.01 — Chiropractic.
Section 148.02 — Chiropractors; State Board Of Examiners.
Section 148.031 — Continuing Education.
Section 148.032 — Registration In Animal Chiropractic Diagnosis And Treatment.
Section 148.033 — Animal Chiropractic Continuing Education Hours.
Section 148.035 — Separate Treatment Room Required.
Section 148.05 — License And Fee.
Section 148.06 — Application; Examination; License; Fee.
Section 148.07 — Renewal Fees; Expenses.
Section 148.09 — Independent Examination.
Section 148.10 — Licenses Revoked; New Licenses.
Section 148.102 — Reports Of State Or Local Societies.
Section 148.103 — Immunity For Reporting Or Investigating.
Section 148.104 — Cooperation During Investigations.
Section 148.106 — Peer Review Of Services And Fees.
Section 148.107 — Record Keeping.
Section 148.171 — Definitions; Title.
Section 148.181 — Board Of Nursing Membership, Vacancies, Disclosure.
Section 148.191 — Officers; Staff; Powers.
Section 148.212 — Temporary Permit.
Section 148.231 — Registration; Failure To Register; Reregistration; Verification.
Section 148.233 — Identification Of Certified Registered Nurses.
Section 148.234 — State Boundaries Consideration.
Section 148.235 — Prescribing Drugs And Therapeutic Devices.
Section 148.243 — Fee Amounts.
Section 148.251 — Nursing Program.
Section 148.261 — Grounds For Disciplinary Action.
Section 148.263 — Reporting Obligations.
Section 148.265 — Nurse Cooperation.
Section 148.266 — Disciplinary Record On Judicial Review.
Section 148.267 — Reports To Commissioner Of Health.
Section 148.281 — Violations; Penalty.
Section 148.285 — Transfer Of Assets.
Section 148.512 — Definitions.
Section 148.513 — Licensure; Protected Titles And Restrictions On Use; Exemptions.
Section 148.514 — General Licensure Requirements; Procedures And Qualifications.
Section 148.515 — Qualifications For Licensure.
Section 148.516 — Licensure By Equivalency.
Section 148.5161 — Clinical Fellowship Licensure Or Doctoral Externship Licensure.
Section 148.517 — Licensure By Reciprocity.
Section 148.5175 — Temporary Licensure.
Section 148.518 — Licensure Following Lapse Of Licensure Status.
Section 148.519 — Licensure Procedures.
Section 148.5191 — Licensure Renewal.
Section 148.5192 — Speech-language Pathology Assistants.
Section 148.5193 — Continuing Education Requirements.
Section 148.5195 — Investigation Process And Grounds For Disciplinary Action.
Section 148.5196 — Speech-language Pathologist And Audiologist Advisory Council.
Section 148.5197 — Hearing Aid Dispensing.
Section 148.5198 — Restriction On Sale Of Hearing Aids.
Section 148.52 — Board Of Optometry.
Section 148.53 — Powers Of Board.
Section 148.56 — Optometrists.
Section 148.574 — Prohibitions Relating To Legend Drugs.
Section 148.575 — Certificate Required For Use Of Legend Drugs.
Section 148.577 — Standard Of Care.
Section 148.59 — License Renewal; License And Registration Fees.
Section 148.595 — Temporary Military Permit; Fee.
Section 148.603 — Grounds For Disciplinary Action.
Section 148.604 — Reporting Obligations.
Section 148.606 — Optometrist Cooperation.
Section 148.607 — Disciplinary Actions.
Section 148.621 — Definitions.
Section 148.622 — Board Of Dietetics And Nutrition Practice.
Section 148.623 — Duties Of The Board.
Section 148.624 — Licensure; Renewal.
Section 148.625 — Application.
Section 148.626 — Continuing Education Required.
Section 148.628 — Reciprocity.
Section 148.629 — Denial, Suspension, Or Revocation.
Section 148.630 — License Required.
Section 148.632 — Exemptions; Voluntary Licensing.
Section 148.633 — Disposition Of Funds.
Section 148.634 — Prescription Protocol.
Section 148.6402 — Definitions.
Section 148.6403 — Licensure; Protected Titles And Restrictions On Use; Exempt Persons; Sanctions.
Section 148.6404 — Scope Of Practice.
Section 148.6405 — Licensure Application Requirements: Procedures And Qualifications.
Section 148.6408 — Qualifications For Occupational Therapist.
Section 148.6410 — Qualifications For Occupational Therapy Assistants.
Section 148.6412 — Licensure By Equivalency.
Section 148.6415 — Licensure By Reciprocity.
Section 148.6418 — Temporary Licensure.
Section 148.6420 — Application Requirements.
Section 148.6423 — Licensure Renewal.
Section 148.6425 — Renewal Of Licensure; After Expiration Date.
Section 148.6428 — Change Of Contact Information Or Employment.
Section 148.6430 — Delegation Of Duties; Assignment Of Tasks.
Section 148.6432 — Supervision Of Occupational Therapy Assistants.
Section 148.6435 — Coordination Of Services.
Section 148.6438 — Recipient Notification.
Section 148.6443 — Continuing Education Requirements.
Section 148.6449 — Board Of Occupational Therapy Practice.
Section 148.66 — State Board Of Physical Therapy, Duties.
Section 148.67 — State Board Of Physical Therapy; Membership Appointments, Vacancies, Removals.
Section 148.691 — Officers; Executive Director.
Section 148.70 — Applicants, Qualifications.
Section 148.705 — Application.
Section 148.706 — Physical Therapist Assistants, Aides, And Students.
Section 148.71 — Temporary Permits.
Section 148.721 — Educational Requirements For Licensed Physical Therapist.
Section 148.722 — Educational Requirements For Licensed Physical Therapist Assistant.
Section 148.723 — Examination For Licensed Physical Therapist.
Section 148.724 — Examination For Licensed Physical Therapist Assistant.
Section 148.725 — Requirements For Foreign-educated Applicants.
Section 148.735 — Cancellation Of License In Good Standing.
Section 148.736 — Cancellation Of Credentials Under Disciplinary Order.
Section 148.737 — Cancellation Of License For Nonrenewal.
Section 148.741 — Applicability Of Rules.
Section 148.75 — Disciplinary Action.
Section 148.754 — Examination; Access To Medical Data.
Section 148.755 — Temporary Suspension Of License.
Section 148.76 — Prohibited Conduct.
Section 148.78 — Prosecution, Allegations.
Section 148.7802 — Definitions.
Section 148.7803 — Prohibited Practice Or Use Of Titles; Penalty.
Section 148.7804 — Powers Of The Board.
Section 148.7805 — Athletic Trainers Advisory Council.
Section 148.7806 — Athletic Training.
Section 148.7807 — Limitations On Practice.
Section 148.7808 — Licensure; Requirements.
Section 148.7809 — License Renewal.
Section 148.7810 — Board Action On Applications.
Section 148.7811 — Change Of Address.
Section 148.7812 — Continuing Education Requirements.
Section 148.7813 — Disciplinary Process.
Section 148.7814 — Applicability.
Section 148.881 — Declaration Of Policy.
Section 148.90 — Board Of Psychology.
Section 148.905 — Duties Of The Board.
Section 148.9051 — Psychology Interjurisdictional Compact (psypact).
Section 148.907 — Licensed Psychologist.
Section 148.9075 — Exemptions To License Requirement.
Section 148.9077 — Relicensure.
Section 148.909 — Licensure For Volunteer Practice.
Section 148.9105 — Emeritus Registration.
Section 148.911 — Continuing Education.
Section 148.915 — Reciprocity.
Section 148.916 — Guest Licensure.
Section 148.925 — Supervision.
Section 148.941 — Disciplinary Action; Investigation; Penalty For Violation.
Section 148.96 — Presentation To Public.
Section 148.965 — Test Security.
Section 148.975 — Duty To Warn; Limitation On Liability; Violent Behavior Of Patient.
Section 148.98 — Rules Of Conduct.
Section 148.995 — Definitions.
Section 148.9965 — Designation Of Doula Certification Organizations By Commissioner.