Protecting, maintaining and improving the health of all Minnesotans
Speech-Language Pathologist and Audiologist Licensing
Advisory Council Meeting
January 28, 2014
Attendance
Members
Mark DeRuiter, PhD, CCC-A/SLP
Jill Arvidson, MST, CCC-SLP
Sally Gorski, MA, CCC-SLP
Josephine Helmbrecht, AuD
Geoff Service, MD
Katherine Teece, AuD
Jerry Meinders, HID
Staff
Anne Kukowski
Gloria Rudolph
Barbara Miller
Patti Fuller
Catherine Dittberner Lloyd
Guests
Paul Newton
Maryann Campo
Absent Member
Heidi Hueffmeier, CCC-SLP
I.
Introductions
Done by those in attendance.
- Update on Vacant Positions
One audiologist position and three consumer positions are vacant.
II.
Review and Approve Minutes from October 22, 2013
Approved, as written.
III.
Review/Adoption of Agenda
Approved, as written.
IV.
Staff Reports
A. Credentialing Report
Rudolph presented the Credentialing Activity Report as of December 31, 2013.
• Full Licenses: 1,935 = 1,508 SLPs, 425 Auds, and 2 Dual.
• CFY/DE Licenses: 122 = 112 SLPs and 10 Auds.
• Temporary Licenses: 10 = 7 SLPs and 3 Auds.
• Total Licenses: 2,067.
• Next renewal deadline is 1/31/14; notices will be mailed in 11/4/13.
B. Exam Report – November 14, 2013 Exam Results
Fuller presented the 11/14/13 HID Exam Results.
• Results were mailed 12/4/13.
• 13 new examinees for the practical exam:
o 8 passed (4 audiologists, 4 non-audiologists).
o 5 failed (2 audiologists, 3 non-audiologists)
- Audiologist failures consisted of: 2 audiometry.
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7 retest examines for the practical exam:
o 6 passed (4 audiologists, 2 non-audiologists).
o 1 failed (1 non-audiologist).
- In-depth discussion planned
Fuller presented the audiologist pass/fail rates for the exam from FY06 to FY13.
• The overall pass-to-fail averages for FY06 to FY09 were 71% to 29%.
• The overall pass-to-fail averages for FY10 to FY13 were 61% to 39%.
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C. Investigations and Enforcement Report
Kukowski presented the 1/1/13 to 12/31/13 SLP I&E Report:
• 5 Intakes (all application).
• 1 Investigation Opened (from an allegation).
- 1 count of failure to perform with reasonable judgment, skill or safety due to
use of alcohol or drugs, or physical or mental impairment.
• 1 Investigation Closed:
- Insufficient evidence to show violation.
• No Enforcements Opened or Closed.
Kukowski presented the 1/1/13 to 12/31/13 Audiology I&E Report:
• 9 Intakes (2 allegations, 1 inquiry for info, 6 applications).
• 1 Investigation Opened (from an allegation).
- Incompetence or negligence.
• 3 Investigations Closed:
- 2 insufficient evidence to show violation and
- 1 referred to enforcement.
• 1 Enforcement Opened.
• No Enforcements Closed.
- In-depth discussion planned
Lloyd presented a breakdown of investigations from 7/1/10 to 6/30/13.
• Lloyd discussed the reasons for opening investigations, number of closed
investigations, and types of issues in an open investigation.
• Lloyd noted that hearing aid contract and sales is the main reason behind the
majority of audiologist complaints, and she explained that complaints around the
unbundling and additional technology/auxiliary devices on the purchase
agreement are an increasing trend.
D. Budget and Expenditure Reports
Kukowski presented the 1/1/13 to 12/31/13 Speech-Language Pathologist Budget Report.
• Total Expenditures were around $85,000.
• Total Receipts were around $66,500.
• Program Balance was around -$18,000.
Kukowski presented the 1/1/13 to 12/31/13 Audiologist Budget Report.
• Total Expenditures were around $46,000.
• Total Receipts were around $46,000.
• Program Balance was -$127.75.
V.
Old Business
A. Audiology Assistants (ongoing discussion)
Helmbrecht stated there are no updates about audiology assistants. MAA is continuing to
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discuss it, but is not moving forward with any legislation at this time.
B. HID Exam Requirement for Audiologist
Helmbrecht stated the MAA is still in the discussion phase and that no language has been
drafted yet.
• Kukowski asked if MAA plans on presenting a bill this year?
• Helmbrecht stated that she recognizes the legislative deadlines, and moving it to
the next legislative session has not been taken off the table yet. She plans on
presenting the language to all stakeholders before moving forward with it.
• Meinders brought up that the audiologists continue to fail the practical exam.
• Helmbrecht responded that MAA is aware of that as an oddity in their request,
and they will not present something where they don’t address that.
• DeRuiter stated that he addressed that question briefly in the July 2013 Advisory
Council meeting, and exam concerns were discussed in the HID Exam
Workgroup. He noted that masking comes up as one of the concerns.
• Helmbrecht noted that it is hard to go into the Exam with loaner equipment,
which is different than the computer clinical-based audiometer. She thought a
simulated testing environment might be a more straightforward and objective way
for administering the test.
• Fuller stated that the Department has checked some simulated testing programs,
but none of the companies they spoke to were able to tell the Department which
states use the test or provide the pass rates for their tests. Another issue for
simulated testing programs is who would provide the computers because the
Department does not have that in their budget.
• Kukowski asked how old is the exam?
• DeRuiter responded 1993, but Fuller noted that it was changed some when HOP
took it over in the 2000s.
• Helmbrecht stated that the criteria for whether an audiologist is competent to
practice and whether a hearing instrument is competent to practice is different. If
you are looking to protect a consumer with an audiologist license, you should also
be looking at cochlear implant, vestibular, and advanced diagnostic competencies.
Those are all areas that an audiologist has to be competent in, and they are
covered in a national exam.
• Helmbrecht stated there is concern about the fail rate, and it does not make sense
that audiology has transferred to a doctoral degree but the minimal competency
exam pass rate is going down. So there is an effort to examine what might be
causing that, and MAA does want to change something with the exam and
recognizes that it would take a legislative act to do that.
• Fuller noted that there is a lot of focus on audiometry failures, but the failures are
about 50/50 between audiometry and earmolds.
• DeRuiter feels that the test does not protect consumers because it does not teach
people what they need to be doing to protect consumers.
• Fuller responded that shouldn’t the exam be testing them on what they are already
doing daily? If the Department told the examinee specifically what he or she
needed to do to pass the exam, then wouldn’t the person likely go back to their
established way of practicing after passing the exam instead of doing what was
best to protect the consumer?
• Meinders asked how that was any different than if a person took a three-day class
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to pass the exam? It is still possible that the examinee goes back to their daily
routine again after passing the exam in that case.
Helmbrecht acknowledged that it would be very expensive for the Department to
create an exam that would be up-to-date on an annual basis.
Lloyd suggested that if there was a request for funding or a study, maybe the
legislature would be willing to provide financial support for evaluation of the
exam. Currently, the Department does not even have enough funding to pay for
new exam photos, since they are proprietary. So if we seriously wanted to
consider using a software application for the exam, there would need to be
financial support since it is also proprietary information.
C. 2014 Legislation
Kukowski stated that there are no legislative proposals from the Department this year,
due to the Governor’s decision to make this the “unsession.”
VI.
New Business
A. Regulatory Requirement for Hearing Aid Devices and Personal Sound
Amplification Products – FDA Draft Guidance
Kukowski presented Draft Guidance for Industry and FDA Staff re: Regulatory
Requirements for Hearing Aid Devices and Personal Sound Amplification Product.
• The guidance was issued on 11/7/13, and there is a 90-day window for people to
submit comments and suggestions on the draft document.
B. Use of Skype with SLP Patients
Rudolph stated there is an SLP that lives in another state that wants to continue providing
services to an established patient by using Skype. Since the SLP is providing services in
MN, she was told that they need an MN license.
• Rudolph asked if statutory changes be considered to address these types of
situations more clearly?
• DeRuiter stated that some states have been changing language to address this, and
he will provide the Department with a list of those states.
• Campo suggested that reminder could be placed the Department website, as
opposed to requiring a legislative change.
• Kukowski noted that the only legal information she received from the State about
practitioners using Skype is that the practitioners are still bound by HIPAA.
C. Vendor ID
Miller handed out vendor portal instructions to the advisory council members so they can
maintain their vendor information online.
Next Meeting
April 22, 2014, 2:30 pm to 4:30 pm
TIES Event Center
Larpenteur Room
1644 Larpenteur Ave W
Saint Paul, MN 55108
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