Bill Text: MN HF3217 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Nursing advanced practice regulations modified, and unlawful trade practices defined.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-19 - Introduction and first reading, referred to Commerce and Consumer Protection Finance and Policy [HF3217 Detail]
Download: Minnesota-2013-HF3217-Introduced.html
1.2relating to commerce; defining certain unlawful trade practices; modifying
1.3certain regulations related to the practice of advanced practice nursing;amending
1.4Minnesota Statutes 2012, sections 148.171, subdivisions 5, 10, 11, 13, 21;
1.5148.235, subdivisions 2, 2a, 4, 4a, 4b; 325D.11; repealing Minnesota Statutes
1.62012, sections 148.171, subdivision 6; 148.235, subdivision 6.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 148.171, subdivision 5, is amended to read:
1.9 Subd. 5. Clinical nurse specialist practice. "Clinical nurse specialist practice"
1.10means the provision of patient care in a particular specialty or subspecialty of advanced
1.11practice registered nursingwithin the context of collaborative management, and includes:
1.12(1) diagnosing illness and disease; (2) providing nonpharmacologic treatment, including
1.13psychotherapy; (3) promoting wellness; and (4) preventing illness and disease. The
1.14certified clinical nurse specialist is certified for advanced practice registered nursing in a
1.15specific field of clinical nurse specialist practice.
1.16 Sec. 2. Minnesota Statutes 2012, section 148.171, subdivision 10, is amended to read:
1.17 Subd. 10. Nurse-midwife practice. "Nurse-midwife practice" means the
1.18management of women's primary health care, focusing on pregnancy, childbirth, the
1.19postpartum period, care of the newborn, and the family planning and gynecological needs
1.20of women and includes diagnosing and providing nonpharmacologic treatmentwithin a
1.21system that provides for consultation, collaborative management, and referral as indicated
1.22by the health status of patients.
1.23 Sec. 3. Minnesota Statutes 2012, section 148.171, subdivision 11, is amended to read:
2.1 Subd. 11. Nurse practitioner practice. "Nurse practitioner practice" means,
2.2within the context of collaborative management: (1) diagnosing, directly managing, and
2.3preventing acute and chronic illness and disease; and (2) promoting wellness, including
2.4providing nonpharmacologic treatment. The certified nurse practitioner is certified for
2.5advanced registered nurse practice in a specific field of nurse practitioner practice.
2.6 Sec. 4. Minnesota Statutes 2012, section 148.171, subdivision 13, is amended to read:
2.7 Subd. 13. Practice of advanced practice registered nursing. The "practice of
2.8advanced practice registered nursing" means the performance of clinical nurse specialist
2.9practice, nurse-midwife practice, nurse practitioner practice, or registered nurse anesthetist
2.10practice as defined in subdivisions 5, 10, 11, and 21. The practice includes functioning as
2.11a direct care provider, case manager, consultant, educator, and researcher. The practice of
2.12advanced practice registered nursing also includes accepting referrals from, consulting
2.13with, cooperating with, or referring to all other types of health care providers, including
2.14but not limited to physicians, chiropractors, podiatrists, and dentists, provided that the
2.15advanced practice registered nurse and the other provider are practicing within their scopes
2.16of practice as defined in state law.The advanced practice registered nurse must practice
2.17within a health care system that provides for consultation, collaborative management, and
2.18referral as indicated by the health status of the patient.
2.19 Sec. 5. Minnesota Statutes 2012, section 148.171, subdivision 21, is amended to read:
2.20 Subd. 21. Registered nurse anesthetist practice. "Registered nurse anesthetist
2.21practice" means the provision of anesthesia care and related serviceswithin the context of
2.22collaborative management, including selecting, obtaining, and administering drugs and
2.23therapeutic devices to facilitate diagnostic, therapeutic, and surgical procedures upon
2.24request, assignment, or referral by a patient's physician, dentist, or podiatrist.
2.25 Sec. 6. Minnesota Statutes 2012, section 148.235, subdivision 2, is amended to read:
2.26 Subd. 2. Certified nurse practitioners. A certified nurse practitionerwho has a
2.27written agreement with a physician based on standards established by the Minnesota
2.28Nurses Association and the Minnesota Medical Association that defines the delegated
2.29responsibilities related to the prescription of drugs and therapeutic devices, may prescribe
2.30and administer drugs and therapeutic deviceswithin the scope of the written agreement
2.31and within practice as a certified nurse practitioner. The written agreement required
2.32under this subdivision shall be based on standards established by the Minnesota Nurses
3.1Association and the Minnesota Medical Association as of January 1, 1996, unless both
3.2associations agree to revisions.
3.3 Sec. 7. Minnesota Statutes 2012, section 148.235, subdivision 2a, is amended to read:
3.4 Subd. 2a. Certified registered nurse anesthetists. A certified registered nurse
3.5anesthetistwho has a written agreement with a physician based on standards established
3.6by the Minnesota Nurses Association and the Minnesota Medical Association that defines
3.7the delegated responsibilities related to the prescription of drugs and therapeutic devices,
3.8 may prescribe and administer drugs and therapeutic devices within the scope ofthe written
3.9agreement and within practice as a certified registered nurse anesthetist.
3.10 Sec. 8. Minnesota Statutes 2012, section 148.235, subdivision 4, is amended to read:
3.11 Subd. 4. Certified clinical nurse specialists in psychiatric and mental health
3.12nursing. A certified clinical nurse specialist who(1) has successfully completed no
3.13less than 30 hours of formal study in the prescribing of psychotropic medications and
3.14medications to treat their side effects which included instruction in health assessment,
3.15psychotropic classifications, psychopharmacology, indications, dosages, contraindications,
3.16side effects, and evidence of application; and (2) has a written agreement with a
3.17psychiatrist or other physician based on standards established by the Minnesota Nurses
3.18Association and the Minnesota Psychiatric Association that specifies and defines the
3.19delegated responsibilities related to the prescription of drugs in relationship to the
3.20diagnosis, may prescribe and administer drugs used to treat psychiatric and behavioral
3.21disorders and the side effects of those drugs within the scope ofthe written agreement
3.22and within practice as a certified clinical nurse specialist in psychiatric and mental
3.23health nursing.The written agreement required under this subdivision shall be based on
3.24standards established by the Minnesota Nurses Association and the Minnesota Psychiatric
3.25Association as of January 1, 1996, unless both associations agree to revisions.
3.26Nothing in this subdivision removes or limits the legal professional liability of the
3.27treating psychiatrist, certified clinical nurse specialist, mental health clinic or hospital for
3.28the prescription and administration of drugs by a certified clinical nurse specialist in
3.29accordance with this subdivision.
3.30 Sec. 9. Minnesota Statutes 2012, section 148.235, subdivision 4a, is amended to read:
3.31 Subd. 4a. Other certified clinical nurse specialists. A certified clinical nurse
3.32specialist who: (1) has successfully completed no less than 30 hours of formal study from
3.33a college, university, or university health care institution, which included the following:
4.1instruction in health assessment, medication classifications, indications, dosages,
4.2contraindications, and side effects; supervised practice; and competence evaluation,
4.3including evidence of the application of knowledge pertaining to prescribing for and
4.4therapeutic management of the clinical type of patients in the certified clinical nurse
4.5specialist's practice; and (2) has a written agreement with a physician based on standards
4.6established by the Minnesota Nurses Association and the Minnesota Medical Association
4.7that defines the delegated responsibilities related to the prescription of drugs and
4.8therapeutic devices, may prescribe and administer drugs and therapeutic devices within the
4.9scope ofthe written agreement and within practice as a certified clinical nurse specialist.
4.10 Sec. 10. Minnesota Statutes 2012, section 148.235, subdivision 4b, is amended to read:
4.11 Subd. 4b. Dispensing authority. An advanced practice registered nurse who is
4.12authorized under this section to prescribe drugs is authorized to dispense drugs subject to
4.13the same requirements established for the prescribing of drugs.This authority to dispense
4.14extends only to those drugs described in the written agreement entered into under this
4.15section. The authority to dispense includes, but is not limited to, the authority to receive
4.16and dispense sample drugs.
4.17 Sec. 11. Minnesota Statutes 2012, section 325D.11, is amended to read:
4.18325D.11 CERTAIN UNLAWFUL TRADE PRACTICES.
4.19(a) It shall be an unlawful trade practice for any seller or transferor of any goods,
4.20wares, or merchandise to advertise, claim or imply that any sale or transfer of goods,
4.21wares, or merchandise is a sale or transfer at wholesale, unless such sale or transfer is
4.22made to a transferee for resale or is a sale of a substantial quantity of merchandise for
4.23business use only.
4.24(b) It shall be an unlawful trade practice for any profession to be allowed to control
4.25the consumer public's access to another profession by requiring the profession to secure an
4.26agreement or permission from the competing profession in order to serve the public.
4.27 Sec. 12. REPEALER.
4.28Minnesota Statutes 2012, sections 148.171, subdivision 6; and 148.235, subdivision
4.296, are repealed.
1.3certain regulations related to the practice of advanced practice nursing;amending
1.4Minnesota Statutes 2012, sections 148.171, subdivisions 5, 10, 11, 13, 21;
1.5148.235, subdivisions 2, 2a, 4, 4a, 4b; 325D.11; repealing Minnesota Statutes
1.62012, sections 148.171, subdivision 6; 148.235, subdivision 6.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 148.171, subdivision 5, is amended to read:
1.9 Subd. 5. Clinical nurse specialist practice. "Clinical nurse specialist practice"
1.10means the provision of patient care in a particular specialty or subspecialty of advanced
1.11practice registered nursing
1.12(1) diagnosing illness and disease; (2) providing nonpharmacologic treatment, including
1.13psychotherapy; (3) promoting wellness; and (4) preventing illness and disease. The
1.14certified clinical nurse specialist is certified for advanced practice registered nursing in a
1.15specific field of clinical nurse specialist practice.
1.16 Sec. 2. Minnesota Statutes 2012, section 148.171, subdivision 10, is amended to read:
1.17 Subd. 10. Nurse-midwife practice. "Nurse-midwife practice" means the
1.18management of women's primary health care, focusing on pregnancy, childbirth, the
1.19postpartum period, care of the newborn, and the family planning and gynecological needs
1.20of women and includes diagnosing and providing nonpharmacologic treatment
1.21
1.22by the health status of patients.
1.23 Sec. 3. Minnesota Statutes 2012, section 148.171, subdivision 11, is amended to read:
2.1 Subd. 11. Nurse practitioner practice. "Nurse practitioner practice" means
2.2
2.3preventing acute and chronic illness and disease; and (2) promoting wellness, including
2.4providing nonpharmacologic treatment. The certified nurse practitioner is certified for
2.5advanced registered nurse practice in a specific field of nurse practitioner practice.
2.6 Sec. 4. Minnesota Statutes 2012, section 148.171, subdivision 13, is amended to read:
2.7 Subd. 13. Practice of advanced practice registered nursing. The "practice of
2.8advanced practice registered nursing" means the performance of clinical nurse specialist
2.9practice, nurse-midwife practice, nurse practitioner practice, or registered nurse anesthetist
2.10practice as defined in subdivisions 5, 10, 11, and 21. The practice includes functioning as
2.11a direct care provider, case manager, consultant, educator, and researcher. The practice of
2.12advanced practice registered nursing also includes accepting referrals from, consulting
2.13with, cooperating with, or referring to all other types of health care providers, including
2.14but not limited to physicians, chiropractors, podiatrists, and dentists, provided that the
2.15advanced practice registered nurse and the other provider are practicing within their scopes
2.16of practice as defined in state law.
2.17
2.18
2.19 Sec. 5. Minnesota Statutes 2012, section 148.171, subdivision 21, is amended to read:
2.20 Subd. 21. Registered nurse anesthetist practice. "Registered nurse anesthetist
2.21practice" means the provision of anesthesia care and related services
2.22
2.23therapeutic devices to facilitate diagnostic, therapeutic, and surgical procedures upon
2.24request, assignment, or referral by a patient's physician, dentist, or podiatrist.
2.25 Sec. 6. Minnesota Statutes 2012, section 148.235, subdivision 2, is amended to read:
2.26 Subd. 2. Certified nurse practitioners. A certified nurse practitioner
2.27
2.28
2.29
2.30and administer drugs and therapeutic devices
2.31
2.32
3.1
3.2
3.3 Sec. 7. Minnesota Statutes 2012, section 148.235, subdivision 2a, is amended to read:
3.4 Subd. 2a. Certified registered nurse anesthetists. A certified registered nurse
3.5anesthetist
3.6
3.7
3.8 may prescribe and administer drugs and therapeutic devices within the scope of
3.9
3.10 Sec. 8. Minnesota Statutes 2012, section 148.235, subdivision 4, is amended to read:
3.11 Subd. 4. Certified clinical nurse specialists in psychiatric and mental health
3.12nursing. A certified clinical nurse specialist who
3.13less than 30 hours of formal study in the prescribing of psychotropic medications and
3.14medications to treat their side effects which included instruction in health assessment,
3.15psychotropic classifications, psychopharmacology, indications, dosages, contraindications,
3.16side effects, and evidence of application
3.17
3.18
3.19
3.20
3.21disorders and the side effects of those drugs within the scope of
3.22
3.23health nursing.
3.24
3.25
3.26
3.27
3.28
3.29
3.30 Sec. 9. Minnesota Statutes 2012, section 148.235, subdivision 4a, is amended to read:
3.31 Subd. 4a. Other certified clinical nurse specialists. A certified clinical nurse
3.32specialist who
3.33a college, university, or university health care institution, which included the following:
4.1instruction in health assessment, medication classifications, indications, dosages,
4.2contraindications, and side effects; supervised practice; and competence evaluation,
4.3including evidence of the application of knowledge pertaining to prescribing for and
4.4therapeutic management of the clinical type of patients in the certified clinical nurse
4.5specialist's practice
4.6
4.7
4.8
4.9scope of
4.10 Sec. 10. Minnesota Statutes 2012, section 148.235, subdivision 4b, is amended to read:
4.11 Subd. 4b. Dispensing authority. An advanced practice registered nurse who is
4.12authorized under this section to prescribe drugs is authorized to dispense drugs subject to
4.13the same requirements established for the prescribing of drugs.
4.14
4.15
4.16and dispense sample drugs.
4.17 Sec. 11. Minnesota Statutes 2012, section 325D.11, is amended to read:
4.18325D.11 CERTAIN UNLAWFUL TRADE PRACTICES.
4.19(a) It shall be an unlawful trade practice for any seller or transferor of any goods,
4.20wares, or merchandise to advertise, claim or imply that any sale or transfer of goods,
4.21wares, or merchandise is a sale or transfer at wholesale, unless such sale or transfer is
4.22made to a transferee for resale or is a sale of a substantial quantity of merchandise for
4.23business use only.
4.24(b) It shall be an unlawful trade practice for any profession to be allowed to control
4.25the consumer public's access to another profession by requiring the profession to secure an
4.26agreement or permission from the competing profession in order to serve the public.
4.27 Sec. 12. REPEALER.
4.28Minnesota Statutes 2012, sections 148.171, subdivision 6; and 148.235, subdivision
4.296, are repealed.
