Bill Text: MN SF511 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Advanced practice registered nurses licensure and regulations; advisory council creation and appropriation
Spectrum: Slight Partisan Bill (Democrat 22-8)
Status: (Passed) 2014-05-14 - Secretary of State Chapter 235 05/13/14 [SF511 Detail]
Download: Minnesota-2013-SF511-Introduced.html
Bill Title: Advanced practice registered nurses licensure and regulations; advisory council creation and appropriation
Spectrum: Slight Partisan Bill (Democrat 22-8)
Status: (Passed) 2014-05-14 - Secretary of State Chapter 235 05/13/14 [SF511 Detail]
Download: Minnesota-2013-SF511-Introduced.html
1.2relating to health; improving access to health care delivered by advanced practice
1.3registered nurses; providing penalties;amending Minnesota Statutes 2012,
1.4sections 148.171, subdivisions 3, 5, 9, 10, 11, 13, 16, 21, by adding subdivisions;
1.5148.181, subdivision 1; 148.191, subdivision 2; 148.211, subdivision 2, by
1.6adding subdivisions; 148.231, subdivisions 1, 4, 5; 148.233, subdivision 2;
1.7148.234; 148.235, by adding subdivisions; 148.251, subdivision 1; 148.261,
1.8subdivision 1; 148.262, subdivisions 1, 2, 4; 148.271; 148.281, subdivision 1,
1.9by adding a subdivision; repealing Minnesota Statutes 2012, sections 148.171,
1.10subdivision 6; 148.235, subdivisions 1, 2, 2a, 4, 4a, 4b, 6, 7; 148.284.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2012, section 148.171, subdivision 3, is amended to read:
1.13 Subd. 3. Advanced practice registered nurse. "Advanced practice registered
1.14nurse," abbreviated APRN, means an individual licensed asa an advanced practice
1.15 registered nurse by the board and certified by a national nurse certification organization
1.16acceptable to the board to practice as a clinical nurse specialist, nurse anesthetist,
1.17nurse-midwife, or nurse practitioner.
1.18 Sec. 2. Minnesota Statutes 2012, section 148.171, subdivision 5, is amended to read:
1.19 Subd. 5. Clinical nurse specialist practice. "Clinical nurse specialist practice"
1.20meansthe provision of patient care in a particular specialty or subspecialty of advanced
1.21practice registered nursing within the context of collaborative management, and includes:
1.22(1) diagnosing illness and disease; (2) providing nonpharmacologic treatment, including
1.23psychotherapy; (3) promoting wellness; and (4) preventing illness and disease. The
1.24certified clinical nurse specialist is certified for advanced practice registered nursing in a
1.25specific field of clinical nurse specialist practice.:
1.26(1) the diagnosis and treatment of health and illness states;
2.1(2) disease management;
2.2(3) prescribing pharmacologic and nonpharmacologic therapies;
2.3(4) ordering, performing, supervising, and interpreting diagnostic studies;
2.4(5) prevention of illness and risk behaviors;
2.5(6) nursing care for individuals, families, and communities;
2.6(7) when necessary, consulting with other health care providers or making
2.7appropriate referrals for patients and families; and
2.8(8) integration of care across the continuum to improve patient outcomes.
2.9 Sec. 3. Minnesota Statutes 2012, section 148.171, subdivision 9, is amended to read:
2.10 Subd. 9. Nurse. "Nurse" means advanced practice registered nurse, registered
2.11nurse,advanced practice registered nurse, and licensed practical nurse unless the context
2.12clearly refers to only one category.
2.13 Sec. 4. Minnesota Statutes 2012, section 148.171, subdivision 10, is amended to read:
2.14 Subd. 10. Nurse-midwife practice. "Nurse-midwife practice" meansthe
2.15management of women's primary health care, focusing on pregnancy, childbirth, the
2.16postpartum period, care of the newborn, and the family planning and gynecological needs
2.17of women and includes diagnosing and providing nonpharmacologic treatment within a
2.18system that provides for consultation, collaborative management, and referral as indicated
2.19by the health status of patients.:
2.20(1) the management, diagnosis, and treatment of women's primary health care
2.21including pregnancy, childbirth, postpartum period, care of the newborn, family planning,
2.22partner care management relating to sexual health, and gynecological care of women
2.23across the life span;
2.24(2) ordering, performing, supervising, and interpreting diagnostic studies;
2.25(3) prescribing pharmacologic and nonpharmacologic therapies; and
2.26(4) when necessary, consulting with other health care providers or making
2.27appropriate referrals for patients and families.
2.28 Sec. 5. Minnesota Statutes 2012, section 148.171, subdivision 11, is amended to read:
2.29 Subd. 11. Nurse practitioner practice. "Nurse practitioner practice" means,
2.30within the context of collaborative management: (1) diagnosing, directly managing, and
2.31preventing acute and chronic illness and disease; and (2) promoting wellness, including
2.32providing nonpharmacologic treatment. The certified nurse practitioner is certified for
3.1advanced registered nurse practice in a specific field of nurse practitioner practice. the
3.2provision of care including:
3.3(1) health promotion, disease prevention, health education, and counseling;
3.4(2) providing health assessment and screening activities;
3.5(3) diagnosing, treating, and facilitating patients' management of their acute and
3.6chronic illnesses and diseases;
3.7(4) ordering, performing, supervising, and interpreting diagnostic studies;
3.8(5) prescribing pharmacologic and nonpharmacologic therapies; and
3.9(6) when necessary, consulting with other health care providers or making
3.10appropriate referrals for patients and families.
3.11 Sec. 6. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
3.12to read:
3.13 Subd. 12a. Population focus. "Population focus" means the categories of patients
3.14for which the advanced practice registered nurse has the educational preparation to
3.15provide care and services. The categories of population foci are:
3.16(1) family and individual across the life-span;
3.17(2) adult-gerontology;
3.18(3) neonatal;
3.19(4) pediatrics;
3.20(5) women's and gender-related health; and
3.21(6) psychiatric and mental health.
3.22 Sec. 7. Minnesota Statutes 2012, section 148.171, subdivision 13, is amended to read:
3.23 Subd. 13. Practice of advanced practice registered nursing. (a) The "practice of
3.24advanced practice registered nursing" means the performance ofclinical nurse specialist
3.25practice, nurse-midwife practice, nurse practitioner practice, or registered nurse anesthetist
3.26practice as defined in subdivisions 5, 10, 11, and 21 an expanded scope of nursing in a role
3.27and for at least one population focus. The scope of advanced practice registered nursing
3.28includes, but is not limited to, performing acts of advanced assessment, diagnosing,
3.29prescribing, and ordering. The practice includes functioning as a primary care provider,
3.30 direct care provider, case manager, consultant, educator, and researcher.The practice of
3.31advanced practice registered nursing also includes accepting referrals from, consulting
3.32with, cooperating with, or referring to all other types of health care providers, including
3.33but not limited to physicians, chiropractors, podiatrists, and dentists, provided that the
3.34advanced practice registered nurse and the other provider are practicing within their scopes
4.1of practice as defined in state law. The advanced practice registered nurse must practice
4.2within a health care system that provides for consultation, collaborative management, and
4.3referral as indicated by the health status of the patient. An advanced practice registered
4.4nursing practice requires the advanced practice registered nurse to be accountable: (1) to
4.5patients for the quality of advanced nursing care rendered; (2) for recognizing limits of
4.6knowledge and experience; and (3) for planning for the management of situations beyond
4.7the advanced practice registered nurse's expertise. (b) The practice of advanced practice
4.8registered nursing includes accepting referrals from, consulting with, cooperating with,
4.9or referring to other health care providers as appropriate.
4.10 Sec. 8. Minnesota Statutes 2012, section 148.171, subdivision 16, is amended to read:
4.11 Subd. 16. Prescribing. "Prescribing" means the act of generating a prescription for
4.12the preparation of, use of, or manner of using a drug or therapeutic device in accordance
4.13with the provisions of section148.235 . Prescribing does not include recommending the
4.14use of a drug or therapeutic device which is not required by the federal Food and Drug
4.15Administration to meet the labeling requirements for prescription drugs and devices.
4.16Prescribing also does not include recommending or administering a drug or therapeutic
4.17deviceperioperatively for anesthesia care and related services by a certified registered
4.18nurse anesthetist.
4.19 Sec. 9. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
4.20to read:
4.21 Subd. 17a. Primary care provider. "Primary care provider" means a licensed
4.22health care provider who acts as the first point of care for comprehensive health
4.23maintenance and promotion, preventative care, and undiagnosed health concerns and
4.24who provides continuing care of varied health conditions not limited by cause, organ
4.25systems, or diagnosis.
4.26 Sec. 10. Minnesota Statutes 2012, section 148.171, subdivision 21, is amended to read:
4.27 Subd. 21. Registered nurse anesthetist practice. "Registered nurse anesthetist
4.28practice" means the provision of anesthesia care and related serviceswithin the context
4.29of collaborative management, including:
4.30(1) selecting, obtaining, and administering drugs and therapeutic devices to facilitate
4.31diagnostic, therapeutic, and surgical proceduresupon request, assignment, or referral by a
4.32patient's physician, dentist, or podiatrist.;
4.33(2) ordering, performing, supervising, and interpreting diagnostic studies;
5.1(3) prescribing pharmacologic and nonpharmacologic therapies; and
5.2(4) when necessary, consulting with other health care providers or making
5.3appropriate referrals for patients and families.
5.4 Sec. 11. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
5.5to read:
5.6 Subd. 23. Roles of advanced practice registered nurses. "Role" means one of four
5.7recognized advanced practice registered nurse roles: certified registered nurse anesthetist
5.8(CRNA); certified nurse-midwife (CNM); certified clinical nurse specialist (CNS); or
5.9certified nurse practitioner (CNP).
5.10 Sec. 12. Minnesota Statutes 2012, section 148.181, subdivision 1, is amended to read:
5.11 Subdivision 1. Membership. The Board of Nursing consists of 16 members
5.12appointed by the governor, each of whom must be a resident of this state. Eight members
5.13must be registered nurses, each of whom must have graduated from an approved school of
5.14nursing, must be licensed and currently registered as a registered nurse in this state, and
5.15must have had at least five years experience in nursing practice, nursing administration, or
5.16nursing education immediately preceding appointment. One of the eight must have had
5.17at least two years executive or teaching experience in a baccalaureate degree nursing
5.18program approved by the board under section148.251 during the five years immediately
5.19preceding appointment, one of the eight must have had at least two years executive or
5.20teaching experience in an associate degree nursing program approved by the board under
5.21section148.251 during the five years immediately preceding appointment, one of the eight
5.22must be practicing professional nursing in a nursing home at the time of appointment,
5.23one of the eight must have had at least two years executive or teaching experience in
5.24a practical nursing program approved by the board under section148.251 during the
5.25five years immediately preceding appointment, and one of the eight must be licensed
5.26and have national certification and recertification as a registered nurse anesthetist, nurse
5.27practitioner, nurse midwife, or clinical nurse specialist. Four of the eight must have had at
5.28least five years of experience in nursing practice or nursing administration immediately
5.29preceding appointment. Four members must be licensed practical nurses, each of whom
5.30must have graduated from an approved school of nursing, must be licensed and currently
5.31registered as a licensed practical nurse in this state, and must have had at least five years
5.32experience in nursing practice immediately preceding appointment. The remaining four
5.33members must be public members as defined by section214.02 .
6.1A member may be reappointed but may not serve more than two full terms
6.2consecutively. The governor shall attempt to make appointments to the board that reflect
6.3the geography of the state. The board members who are nurses should as a whole reflect
6.4the broad mix of practice types and sites of nurses practicing in Minnesota.
6.5Membership terms, compensation of members, removal of members, the filling of
6.6membership vacancies, and fiscal year and reporting requirements are as provided in
6.7sections214.07 to
214.09 . Any nurse on the board who during incumbency permanently
6.8ceases to be actively engaged in the practice of nursing or otherwise becomes disqualified
6.9for board membership is automatically removed, and the governor shall fill the vacancy.
6.10The provision of staff, administrative services, and office space; the review and processing
6.11of complaints; the setting of board fees; and other provisions relating to board operations
6.12are as provided in sections148.171 to
148.285 and chapter 214. Each member of the
6.13board shall file with the secretary of state the constitutional oath of office before beginning
6.14the term of office.
6.15 Sec. 13. Minnesota Statutes 2012, section 148.191, subdivision 2, is amended to read:
6.16 Subd. 2. Powers. (a) The board is authorized to adopt and, from time to time, revise
6.17rules not inconsistent with the law, as may be necessary to enable it to carry into effect the
6.18provisions of sections148.171 to
148.285 . The board shall prescribe by rule curricula and
6.19standards for schools and courses preparing persons for licensure under sections148.171
6.20to148.285 . It shall conduct or provide for surveys of such schools and courses at such
6.21times as it may deem necessary. It shall approve such schools and courses as meet the
6.22requirements of sections148.171 to
148.285 and board rules. It shall examine, license,
6.23and renew the license of duly qualified applicants. It shall hold examinations at least once
6.24in each year at such time and place as it may determine. It shall by rule adopt, evaluate,
6.25and periodically revise, as necessary, requirements for licensure and for registration and
6.26renewal of registration as defined in section148.231 . It shall maintain a record of all
6.27persons licensed by the board to practice advanced practice, professional, or practical
6.28nursingand all registered nurses who hold Minnesota licensure and registration and are
6.29certified as advanced practice registered nurses. It shall cause the prosecution of all persons
6.30violating sections148.171 to
148.285 and have power to incur such necessary expense
6.31therefor. It shall register public health nurses who meet educational and other requirements
6.32established by the board by rule, including payment of a fee. It shall have power to issue
6.33subpoenas, and to compel the attendance of witnesses and the production of all necessary
6.34documents and other evidentiary material. Any board member may administer oaths to
6.35witnesses, or take their affirmation. It shall keep a record of all its proceedings.
7.1(b) The board shall have access to hospital, nursing home, and other medical records
7.2of a patient cared for by a nurse under review. If the board does not have a written consent
7.3from a patient permitting access to the patient's records, the nurse or facility shall delete
7.4any data in the record that identifies the patient before providing it to the board. The board
7.5shall have access to such other records as reasonably requested by the board to assist the
7.6board in its investigation. Nothing herein may be construed to allow access to any records
7.7protected by section145.64 . The board shall maintain any records obtained pursuant to
7.8this paragraph as investigative data under chapter 13.
7.9(c) The board may accept and expend grants or gifts of money or in-kind services
7.10from a person, a public or private entity, or any other source for purposes consistent with
7.11the board's role and within the scope of its statutory authority.
7.12(d) The board may accept registration fees for meetings and conferences conducted
7.13for the purposes of board activities that are within the scope of its authority.
7.14 Sec. 14. Minnesota Statutes 2012, section 148.211, is amended by adding a subdivision
7.15to read:
7.16 Subd. 1a. Initial advanced practice registered nurse licensure. (a) An applicant
7.17for a license to practice as an advanced practice registered nurse (APRN) shall apply to
7.18the board for a license in a format prescribed by the board and pay a fee in an amount
7.19determined by statute. In no case may fees be refunded.
7.20(b) To be eligible for licensure:
7.21(1) the applicant must hold a current Minnesota professional nursing license or
7.22demonstrate eligibility for licensure as a registered nurse in this jurisdiction;
7.23(2) the applicant shall not hold an encumbered license as a registered nurse in any
7.24state or territory;
7.25(3) the applicant must have completed a graduate level APRN program accredited
7.26by a nursing or nursing-related accrediting body that is recognized by the United States
7.27Secretary of Education or the Council for Higher Education Accreditation as acceptable
7.28to the board. The education will be in one of the four APRN roles and at least one
7.29population focus;
7.30(4) the applicant must be currently certified by a national certifying body recognized
7.31by the board in the APRN role and population foci appropriate to educational preparation;
7.32(5) the applicant must report any criminal conviction, nolo contendere plea, Alford
7.33Plea, or other plea arrangement in lieu of conviction; and
7.34(6) the applicant must have committed no acts or omissions which are grounds for
7.35disciplinary action in another jurisdiction or, if such acts have been committed and would
8.1be grounds for disciplinary action as set forth in section 148.261, the board has found,
8.2after investigation, that sufficient restitution has been made.
8.3(c) After December 31, 2015, all new graduates applying for advanced practice
8.4registered nurse licensure must meet the licensure requirements in this chapter.
8.5 Sec. 15. Minnesota Statutes 2012, section 148.211, is amended by adding a subdivision
8.6to read:
8.7 Subd. 1b. Advanced practice registered nurse grandfather provision. Any
8.8advanced practice registered nurse with authority to practice as an advanced practice
8.9registered nurse in this state that is valid on December 31, 2015, shall be eligible to apply
8.10for licensure as an advanced practice registered nurse under the provisions of this chapter
8.11with current privileges and shall be eligible for license renewal under the conditions
8.12and standards prescribed in this chapter.
8.13 Sec. 16. Minnesota Statutes 2012, section 148.211, subdivision 2, is amended to read:
8.14 Subd. 2. Licensure by endorsement. (a) The board shall issue a license to practice
8.15 advanced practice registered nursing, professional nursing or practical nursing without
8.16examination to an applicant who has been duly licensed or registered as a nurse under the
8.17laws of another state, territory, or country, if in the opinion of the board the applicant has the
8.18qualifications equivalent to the qualifications required in this state as stated in subdivision
8.191, all other laws not inconsistent with this section, and rules promulgated by the board.
8.20(b) After December 31, 2015, an applicant for advanced practice registered nurse
8.21licensure by endorsement will be eligible for licensure if the applicant demonstrates:
8.22(1) current national certification or recertification in the advanced role and
8.23population focus area; and
8.24(2) compliance with the advanced practice nursing educational requirements that
8.25were in effect in Minnesota at the time the advanced practice registered nurse completed
8.26the advanced practice nursing education program.
8.27 Sec. 17. Minnesota Statutes 2012, section 148.231, subdivision 1, is amended to read:
8.28 Subdivision 1. Registration. Every person licensed to practice advanced practice,
8.29 professional, or practical nursing must maintain with the board a current registration
8.30for practice asa an advanced practice registered nurse, registered nurse, or licensed
8.31practical nurse which must be renewed at regular intervals established by the board by
8.32rule. No registration shall be issued by the board to a nurse until the nurse has submitted
9.1satisfactory evidence of compliance with the procedures and minimum requirements
9.2established by the board.
9.3The fee for periodic registration for practice as a nurse shall be determinedby the
9.4board by law in statute. Upon receipt of the application and the required fees, the board shall
9.5verify the application and the evidence of completion of continuing education requirements
9.6in effect, and thereupon issue to the nurse registration for the next renewal period. An
9.7applicant for advanced practice registered nursing (APRN) renewal shall provide evidence
9.8of current certification or recertification in the appropriate APRN role and at least one
9.9population focus by a nationally accredited certifying body recognized by the board.
9.10 Sec. 18. Minnesota Statutes 2012, section 148.231, subdivision 4, is amended to read:
9.11 Subd. 4. Failure to register. Any person licensed under the provisions of sections
9.12148.171
to
148.285 who fails to register within the required period shall not be entitled
9.13to practice nursing in this state as an advanced practice registered nurse, a registered
9.14nurse, or a licensed practical nurse.
9.15 Sec. 19. Minnesota Statutes 2012, section 148.231, subdivision 5, is amended to read:
9.16 Subd. 5. Reregistration. A person whose registration has lapsed desiring to
9.17resume practice shall make application for reregistration, submit satisfactory evidence
9.18of compliance with the procedures and requirements established by the board, and pay
9.19the reregistration fee for the current period to the board. A penalty fee shall be required
9.20from a person who practiced nursing without current registration. Thereupon, registration
9.21shall be issued to the person who shall immediately be placed on the practicing list as an
9.22advanced practice registered nurse, a registered nurse, or a licensed practical nurse.
9.23 Sec. 20. Minnesota Statutes 2012, section 148.233, subdivision 2, is amended to read:
9.24 Subd. 2. Advanced practice registered nurse.An advanced practice registered
9.25nurse certified as a certified clinical nurse specialist, certified nurse-midwife, certified
9.26nurse practitioner, or certified registered nurse anesthetist shall use the appropriate
9.27designation: RN,CNS; RN,CNM; RN,CNP; or RN,CRNA for personal identification and
9.28in documentation of services provided. Identification of educational degrees and specialty
9.29fields may be added. (a) Only those persons who hold current licensure to practice
9.30advanced practice registered nursing in this state may use the title advanced practice
9.31registered nurse with the role designation of certified registered nurse anesthetist, certified
9.32nurse-midwife, certified clinical nurse specialist, or certified nurse practitioner.
10.1(b) An advanced practice registered nurse shall use the appropriate designation:
10.2APRN, CNS; APRN, CNM; APRN, CNP; or APRN, CRNA for personal identification
10.3and in documentation of services provided. Identification of educational degrees and
10.4specialty fields may be added.
10.5(c) The advanced practice registered nurse with an earned doctorate may use the
10.6term "doctor" or abbreviation "Dr." When providing nursing care, APRNs shall provide
10.7clear identification of advanced practice registered nurse designation.
10.8 Sec. 21. Minnesota Statutes 2012, section 148.234, is amended to read:
10.9148.234 STATE BOUNDARIES CONSIDERATION.
10.10A nurse may performmedical patient care procedures and techniques at the direction
10.11of a physician, a podiatrist,or a dentist, or an advanced practice registered nurse licensed
10.12in another state, United States territory, or Canadian province if the physician, podiatrist,
10.13or dentist, or advanced practice registered nurse gave the direction after examining the
10.14patient and issued the direction in that state, United States territory, or Canadian province.
10.15Nothing in this section allows a nurse to perform amedical procedure patient care
10.16procedure or technique at the direction of a physician, a podiatrist,or a dentist, or an
10.17advanced practice registered nurse that is illegal in this state.
10.18 Sec. 22. Minnesota Statutes 2012, section 148.235, is amended by adding a subdivision
10.19to read:
10.20 Subd. 7a. Diagnosis, prescribing, and ordering. Advanced practice registered
10.21nurses are authorized to:
10.22(1) diagnose, prescribe, and institute therapy or referrals of patients to health care
10.23agencies and providers;
10.24(2) prescribe, procure, sign for, record, administer, and dispense over-the-counter,
10.25legend, and controlled substances, including sample drugs; and
10.26(3) plan and initiate a therapeutic regimen that includes ordering and prescribing
10.27durable medical devices and equipment, nutrition, diagnostic, and supportive services
10.28including, but not limited to, home health care, hospice, physical, and occupational therapy.
10.29 Sec. 23. Minnesota Statutes 2012, section 148.235, is amended by adding a subdivision
10.30to read:
10.31 Subd. 7b. Drug Enforcement Administration requirements. (a) Advanced
10.32practice registered nurses must:
11.1(1) comply with federal Drug Enforcement Administration (DEA) requirements
11.2related to controlled substances; and
11.3(2) immediately file any and all of the nurse's DEA registrations and numbers with
11.4the board.
11.5(b) The board shall maintain current records of all advanced practice registered
11.6nurses with DEA registration and numbers.
11.7 Sec. 24. Minnesota Statutes 2012, section 148.251, subdivision 1, is amended to read:
11.8 Subdivision 1. Initial approval. An institution desiring to conduct a nursing
11.9program shall apply to the board and submit evidence that:
11.10(1) It is prepared to provide a program of theory and practice in advanced practice,
11.11 professional, or practical nursing that meets the program approval standards adopted by
11.12the board. Instruction and required experience may be obtained in one or more institutions
11.13or agencies outside the applying institution as long as the nursing program retains
11.14accountability for all clinical and nonclinical teaching.
11.15(2) It is prepared to meet other standards established by law and by the board.
11.16 Sec. 25. Minnesota Statutes 2012, section 148.261, subdivision 1, is amended to read:
11.17 Subdivision 1. Grounds listed. The board may deny, revoke, suspend, limit,
11.18or condition the license and registration of any person to practice advanced practice,
11.19 professional,advanced practice registered, or practical nursing under sections
148.171 to
11.20148.285
, or to otherwise discipline a licensee or applicant as described in section
148.262 .
11.21The following are grounds for disciplinary action:
11.22(1) Failure to demonstrate the qualifications or satisfy the requirements for a license
11.23contained in sections148.171 to
148.285 or rules of the board. In the case of a person
11.24applying for a license, the burden of proof is upon the applicant to demonstrate the
11.25qualifications or satisfaction of the requirements.
11.26(2) Employing fraud or deceit in procuring or attempting to procure a permit,
11.27license, or registration certificate to practice advanced practice, professional, or practical
11.28nursing or attempting to subvert the licensing examination process. Conduct that subverts
11.29or attempts to subvert the licensing examination process includes, but is not limited to:
11.30(i) conduct that violates the security of the examination materials, such as removing
11.31examination materials from the examination room or having unauthorized possession of
11.32any portion of a future, current, or previously administered licensing examination;
11.33(ii) conduct that violates the standard of test administration, such as communicating
11.34with another examinee during administration of the examination, copying another
12.1examinee's answers, permitting another examinee to copy one's answers, or possessing
12.2unauthorized materials; or
12.3(iii) impersonating an examinee or permitting an impersonator to take the
12.4examination on one's own behalf.
12.5(3) Conviction of a felony or gross misdemeanor reasonably related to the practice
12.6of professional, advanced practice registered, or practical nursing. Conviction as used in
12.7this subdivision includes a conviction of an offense that if committed in this state would
12.8be considered a felony or gross misdemeanor without regard to its designation elsewhere,
12.9or a criminal proceeding where a finding or verdict of guilt is made or returned but the
12.10adjudication of guilt is either withheld or not entered.
12.11(4) Revocation, suspension, limitation, conditioning, or other disciplinary action
12.12against the person's professional or practical nursing license or advanced practice
12.13registered nursing credential, in another state, territory, or country; failure to report to the
12.14board that charges regarding the person's nursing license or other credential are pending in
12.15another state, territory, or country; or having been refused a license or other credential by
12.16another state, territory, or country.
12.17(5) Failure to or inability to perform professional or practical nursing as defined in
12.18section148.171, subdivision 14 or 15, with reasonable skill and safety, including failure
12.19of a registered nurse to supervise or a licensed practical nurse to monitor adequately the
12.20performance of acts by any person working at the nurse's direction.
12.21(6) Engaging in unprofessional conduct, including, but not limited to, a departure
12.22from or failure to conform to board rules of professional or practical nursing practice that
12.23interpret the statutory definition of professional or practical nursing as well as provide
12.24criteria for violations of the statutes, or, if no rule exists, to the minimal standards of
12.25acceptable and prevailing professional or practical nursing practice, or any nursing
12.26practice that may create unnecessary danger to a patient's life, health, or safety. Actual
12.27injury to a patient need not be established under this clause.
12.28(7) Failure of an advanced practice registered nurse to practice with reasonable
12.29skill and safety or departure from or failure to conform to standards of acceptable and
12.30prevailing advanced practice registered nursing.
12.31(8) Delegating or accepting the delegation of a nursing function or a prescribed
12.32health care function when the delegation or acceptance could reasonably be expected to
12.33result in unsafe or ineffective patient care.
12.34(9) Actual or potential inability to practice nursing with reasonable skill and safety
12.35to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or
12.36as a result of any mental or physical condition.
13.1(10) Adjudication as mentally incompetent, mentally ill, a chemically dependent
13.2person, or a person dangerous to the public by a court of competent jurisdiction, within or
13.3without this state.
13.4(11) Engaging in any unethical conduct, including, but not limited to, conduct likely
13.5to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard
13.6for the health, welfare, or safety of a patient. Actual injury need not be established under
13.7this clause.
13.8(12) Engaging in conduct with a patient that is sexual or may reasonably be
13.9interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
13.10demeaning to a patient, or engaging in sexual exploitation of a patient or former patient.
13.11(13) Obtaining money, property, or services from a patient, other than reasonable
13.12fees for services provided to the patient, through the use of undue influence, harassment,
13.13duress, deception, or fraud.
13.14(14) Revealing a privileged communication from or relating to a patient except when
13.15otherwise required or permitted by law.
13.16(15) Engaging in abusive or fraudulent billing practices, including violations of
13.17federal Medicare and Medicaid laws or state medical assistance laws.
13.18(16) Improper management of patient records, including failure to maintain adequate
13.19patient records, to comply with a patient's request made pursuant to sections144.291 to
13.20144.298, or to furnish a patient record or report required by law.
13.21(17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to
13.22engage in the unlawful practice of professional, advanced practice registered, or practical
13.23nursing.
13.24(18) Violating a rule adopted by the board, an order of the board, or a state or federal
13.25law relating to the practice of professional, advanced practice registered, or practical
13.26nursing, or a state or federal narcotics or controlled substance law.
13.27(19) Knowingly providing false or misleading information that is directly related
13.28to the care of that patient unless done for an accepted therapeutic purpose such as the
13.29administration of a placebo.
13.30(20) Aiding suicide or aiding attempted suicide in violation of section609.215 as
13.31established by any of the following:
13.32(i) a copy of the record of criminal conviction or plea of guilty for a felony in
13.33violation of section609.215, subdivision 1 or 2;
13.34(ii) a copy of the record of a judgment of contempt of court for violating an
13.35injunction issued under section609.215, subdivision 4 ;
14.1(iii) a copy of the record of a judgment assessing damages under section609.215,
14.2subdivision 5 ; or
14.3(iv) a finding by the board that the person violated section609.215, subdivision
14.41 or 2. The board shall investigate any complaint of a violation of section
609.215,
14.5subdivision 1 or 2.
14.6(21) Practicing outside the scope of practice authorized by section148.171,
14.7subdivision 5 , 10, 11, 13, 14, 15, or 21.
14.8(22) Practicing outside the specific field of nursing practice for which an advanced
14.9practice registered nurse is certified unless the practice is authorized under section
148.284.
14.10(23) (22) Making a false statement or knowingly providing false information to the
14.11board, failing to make reports as required by section148.263 , or failing to cooperate with
14.12an investigation of the board as required by section148.265 .
14.13(24) (23) Engaging in false, fraudulent, deceptive, or misleading advertising.
14.14(25) (24) Failure to inform the board of the person's certification or recertification
14.15 status as a certified registered nurse anesthetist, certified nurse-midwife, certified nurse
14.16practitioner, or certified clinical nurse specialist.
14.17(26) (25) Engaging in clinical nurse specialist practice, nurse-midwife practice, nurse
14.18practitioner practice, or registered nurse anesthetist practice without current certification
14.19by a national nurse certification organization acceptable to the board, except during the
14.20period between completion of an advanced practice registered nurse course of study and
14.21certification, not to exceed six months or as authorized by the board.
14.22(27) (26) Engaging in conduct that is prohibited under section
145.412 .
14.23(28) (27) Failing to report employment to the board as required by section
148.211,
14.24subdivision 2a , or knowingly aiding, assisting, advising, or allowing a person to fail to
14.25report as required by section148.211, subdivision 2a .
14.26 Sec. 26. Minnesota Statutes 2012, section 148.262, subdivision 1, is amended to read:
14.27 Subdivision 1. Forms of disciplinary action. When the board finds that grounds for
14.28disciplinary action exist under section148.261, subdivision 1 , it may take one or more
14.29of the following actions:
14.30(1) deny the license, registration, or registration renewal;
14.31(2) revoke the license;
14.32(3) suspend the license;
14.33(4) impose limitations on the nurse's practice of advanced practice, professional,
14.34advanced practice registered, or practical nursing including, but not limited to, limitation
14.35of scope of practice or the requirement of practice under supervision;
15.1(5) impose conditions on the retention of the license including, but not limited to, the
15.2imposition of retraining or rehabilitation requirements or the conditioning of continued
15.3practice on demonstration of knowledge or skills by appropriate examination, monitoring,
15.4or other review;
15.5(6) impose a civil penalty not exceeding $10,000 for each separate violation, the
15.6amount of the civil penalty to be fixed as to deprive the nurse of any economic advantage
15.7gained by reason of the violation charged, to reimburse the board for the cost of counsel,
15.8investigation, and proceeding, and to discourage repeated violations;
15.9(7) order the nurse to provide unremunerated service;
15.10(8) censure or reprimand the nurse; or
15.11(9) any other action justified by the facts in the case.
15.12 Sec. 27. Minnesota Statutes 2012, section 148.262, subdivision 2, is amended to read:
15.13 Subd. 2. Automatic suspension. Unless the board orders otherwise, a license to
15.14practice advanced practice, professional, or practical nursing is automatically suspended if:
15.15(1) a guardian of a nurse is appointed by order of a court under sections524.5-101
15.16to524.5-502 ;
15.17(2) the nurse is committed by order of a court under chapter 253B; or
15.18(3) the nurse is determined to be mentally incompetent, mentally ill, chemically
15.19dependent, or a person dangerous to the public by a court of competent jurisdiction within
15.20or without this state.
15.21The license remains suspended until the nurse is restored to capacity by a court and,
15.22upon petition by the nurse, the suspension is terminated by the board after a hearing or
15.23upon agreement between the board and the nurse.
15.24 Sec. 28. Minnesota Statutes 2012, section 148.262, subdivision 4, is amended to read:
15.25 Subd. 4. Reissuance. The board may reinstate and reissue a license or registration
15.26certificate to practice advanced practice, professional, or practical nursing, but as a
15.27condition may impose any disciplinary or corrective measure that it might originally have
15.28imposed. Any person whose license or registration has been revoked, suspended, or limited
15.29may have the license reinstated and a new registration issued when, in the discretion of the
15.30board, the action is warranted, provided that the person shall be required by the board to
15.31pay the costs of the proceedings resulting in the revocation, suspension, or limitation of the
15.32license or registration certificate and reinstatement of the license or registration certificate,
15.33and to pay the fee for the current registration period. The cost of proceedings shall
15.34include, but not be limited to, the cost paid by the board to the Office of Administrative
16.1Hearings and the Office of the Attorney General for legal and investigative services, the
16.2costs of a court reporter and witnesses, reproduction of records, board staff time, travel,
16.3and expenses, and board members' per diem reimbursements, travel costs, and expenses.
16.4 Sec. 29. Minnesota Statutes 2012, section 148.271, is amended to read:
16.5148.271 EXEMPTIONS.
16.6The provisions of sections148.171 to
148.285 shall not prohibit:
16.7(1) The furnishing of nursing assistance in an emergency.
16.8(2) The practice of advanced practice, professional, or practical nursing by any
16.9legally qualified advanced practice, registered, or licensed practical nurse of another state
16.10who is employed by the United States government or any bureau, division, or agency
16.11thereof while in the discharge of official duties.
16.12(3) The practice of any profession or occupation licensed by the state, other than
16.13 advanced practice, professional, or practical nursing, by any person duly licensed to
16.14practice the profession or occupation, or the performance by a person of any acts properly
16.15coming within the scope of the profession, occupation, or license.
16.16(4) The provision of a nursing or nursing-related service by a nursing assistant
16.17who has been delegated the specific function and is supervised by a registered nurse or
16.18monitored by a licensed practical nurse.
16.19(5) The care of the sick with or without compensation when done in a nursing home
16.20covered by the provisions of section144A.09, subdivision 1 .
16.21(6) Professional nursing practice or advanced practice registered nursing practice by
16.22a registered nurse or practical nursing practice by a licensed practical nurse licensed in
16.23another state or territory who is in Minnesota as a student enrolled in a formal, structured
16.24course of study, such as a course leading to a higher degree, certification in a nursing
16.25specialty, or to enhance skills in a clinical field, while the student is practicing in the course.
16.26(7) Professional or practical nursing practice by a student practicing under the
16.27supervision of an instructor while the student is enrolled in a nursing program approved by
16.28the board under section148.251 .
16.29(8) Advanced practice registered nursing as defined in section148.171, subdivisions
16.305, 10, 11, 13, and 21 , by a registered nurse who is licensed and currently registered in
16.31Minnesota or another United States jurisdiction and who is enrolled as a student in a
16.32formal graduate education program leading to eligibility for certification and licensure
16.33 as an advanced practice registered nurse; or by a registered nurse licensed and currently
16.34registered in Minnesota who has completed an advanced practice registered nurse course
16.35of study and is awaiting certification, the period not to exceed six months.
17.1 Sec. 30. Minnesota Statutes 2012, section 148.281, subdivision 1, is amended to read:
17.2 Subdivision 1. Violations described. It shall be unlawful for any person,
17.3corporation, firm, or association, to:
17.4(1) sell or fraudulently obtain or furnish any nursing diploma, license or record, or
17.5aid or abet therein;
17.6(2) practice advanced practice, professional, or practical nursing, or practice
17.7as a public health nurse, or practice as a certified clinical nurse specialist, certified
17.8nurse-midwife, certified nurse practitioner, or certified registered nurse anesthetist
17.9 under cover of any diploma, permit, license, registration certificate, advanced practice
17.10credential, or record illegally or fraudulently obtained or signed or issued unlawfully or
17.11under fraudulent representation;
17.12(3) practice advanced practice, professional, or practical nursing unless the person has
17.13been issued a temporary permit under the provisions of section148.212 or is duly licensed
17.14and currently registered to do so under the provisions of sections148.171 to
148.285 ;
17.15(4) use the professional title nurse unless duly licensed to practice advanced practice,
17.16 professional, or practical nursing under the provisions of sections148.171 to
148.285 ,
17.17except as authorized by the board by rule;
17.18(5) use any abbreviation or other designation tending to imply licensure asa an
17.19advanced practice registered nurse, a registered nurse, or a licensed practical nurse unless
17.20duly licensed and currently registered so to practice advanced practice, professional, or
17.21practical nursing under the provisions of sections148.171 to
148.285 except as authorized
17.22by the board by rule;
17.23(6) use any title, abbreviation, or other designation tending to imply certification
17.24as a certified registered nurse as defined in section148.171, subdivision 22 , unless duly
17.25certified by a national nurse certification organization;
17.26(7) use any abbreviation or other designation tending to imply registration as a
17.27public health nurse unless duly registered by the board;
17.28(8) practice advanced practice, professional,advanced practice registered, or
17.29practical nursing in a manner prohibited by the board in any limitation of a license or
17.30registration issued under the provisions of sections148.171 to
148.285 ;
17.31(9) practice advanced practice, professional,advanced practice registered, or
17.32practical nursing during the time a license or current registration issued under the
17.33provisions of sections148.171 to
148.285 shall be suspended or revoked;
17.34(10) conduct a nursing program for the education of persons to become advanced
17.35practice registered nurses, registered nurses, or licensed practical nurses unless the
17.36program has been approved by the board; and
18.1(11) knowingly employ persons in the practice of advanced practice, professional,
18.2 or practical nursing who have not been issued a current permit, license, or registration
18.3certificate to practice as a nurse in this state; and.
18.4(12) knowingly employ a person in advanced practice registered nursing unless the
18.5person meets the standards and practices of sections
148.171 to
148.285.
18.6 Sec. 31. Minnesota Statutes 2012, section 148.281, is amended by adding a subdivision
18.7to read:
18.8 Subd. 3. Penalty; advanced practice registered nurses. An advanced practice
18.9registered nurse who practices advanced practice registered nursing without current
18.10licensure and certification or recertification as an advanced practice registered nurse shall
18.11pay a penalty fee of $200 for the first month or part of a month and an additional $100 for
18.12each subsequent month or parts of months of practice. The amount of the penalty fee shall
18.13be calculated from the first day the advanced practice registered nurse practiced without
18.14current advanced practice registered nurse licensure and certification or recertification
18.15to the date of last practice or from the first day the advanced practice registered nurse
18.16practiced without the current licensure and certification or recertification.
18.17 Sec. 32. REPEALER.
18.18Minnesota Statutes 2012, sections 148.171, subdivision 6; 148.235, subdivisions 1,
18.192, 2a, 4, 4a, 4b, 6, and 7; and 148.284, are repealed.
1.3registered nurses; providing penalties;amending Minnesota Statutes 2012,
1.4sections 148.171, subdivisions 3, 5, 9, 10, 11, 13, 16, 21, by adding subdivisions;
1.5148.181, subdivision 1; 148.191, subdivision 2; 148.211, subdivision 2, by
1.6adding subdivisions; 148.231, subdivisions 1, 4, 5; 148.233, subdivision 2;
1.7148.234; 148.235, by adding subdivisions; 148.251, subdivision 1; 148.261,
1.8subdivision 1; 148.262, subdivisions 1, 2, 4; 148.271; 148.281, subdivision 1,
1.9by adding a subdivision; repealing Minnesota Statutes 2012, sections 148.171,
1.10subdivision 6; 148.235, subdivisions 1, 2, 2a, 4, 4a, 4b, 6, 7; 148.284.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2012, section 148.171, subdivision 3, is amended to read:
1.13 Subd. 3. Advanced practice registered nurse. "Advanced practice registered
1.14nurse," abbreviated APRN, means an individual licensed as
1.15 registered nurse by the board and certified by a national nurse certification organization
1.16acceptable to the board to practice as a clinical nurse specialist, nurse anesthetist,
1.17nurse-midwife, or nurse practitioner.
1.18 Sec. 2. Minnesota Statutes 2012, section 148.171, subdivision 5, is amended to read:
1.19 Subd. 5. Clinical nurse specialist practice. "Clinical nurse specialist practice"
1.20means
1.21
1.22
1.23
1.24
1.25
1.26(1) the diagnosis and treatment of health and illness states;
2.1(2) disease management;
2.2(3) prescribing pharmacologic and nonpharmacologic therapies;
2.3(4) ordering, performing, supervising, and interpreting diagnostic studies;
2.4(5) prevention of illness and risk behaviors;
2.5(6) nursing care for individuals, families, and communities;
2.6(7) when necessary, consulting with other health care providers or making
2.7appropriate referrals for patients and families; and
2.8(8) integration of care across the continuum to improve patient outcomes.
2.9 Sec. 3. Minnesota Statutes 2012, section 148.171, subdivision 9, is amended to read:
2.10 Subd. 9. Nurse. "Nurse" means advanced practice registered nurse, registered
2.11nurse,
2.12clearly refers to only one category.
2.13 Sec. 4. Minnesota Statutes 2012, section 148.171, subdivision 10, is amended to read:
2.14 Subd. 10. Nurse-midwife practice. "Nurse-midwife practice" means
2.15
2.16
2.17
2.18
2.19
2.20(1) the management, diagnosis, and treatment of women's primary health care
2.21including pregnancy, childbirth, postpartum period, care of the newborn, family planning,
2.22partner care management relating to sexual health, and gynecological care of women
2.23across the life span;
2.24(2) ordering, performing, supervising, and interpreting diagnostic studies;
2.25(3) prescribing pharmacologic and nonpharmacologic therapies; and
2.26(4) when necessary, consulting with other health care providers or making
2.27appropriate referrals for patients and families.
2.28 Sec. 5. Minnesota Statutes 2012, section 148.171, subdivision 11, is amended to read:
2.29 Subd. 11. Nurse practitioner practice. "Nurse practitioner practice" means
2.30
2.31
2.32
3.1
3.2provision of care including:
3.3(1) health promotion, disease prevention, health education, and counseling;
3.4(2) providing health assessment and screening activities;
3.5(3) diagnosing, treating, and facilitating patients' management of their acute and
3.6chronic illnesses and diseases;
3.7(4) ordering, performing, supervising, and interpreting diagnostic studies;
3.8(5) prescribing pharmacologic and nonpharmacologic therapies; and
3.9(6) when necessary, consulting with other health care providers or making
3.10appropriate referrals for patients and families.
3.11 Sec. 6. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
3.12to read:
3.13 Subd. 12a. Population focus. "Population focus" means the categories of patients
3.14for which the advanced practice registered nurse has the educational preparation to
3.15provide care and services. The categories of population foci are:
3.16(1) family and individual across the life-span;
3.17(2) adult-gerontology;
3.18(3) neonatal;
3.19(4) pediatrics;
3.20(5) women's and gender-related health; and
3.21(6) psychiatric and mental health.
3.22 Sec. 7. Minnesota Statutes 2012, section 148.171, subdivision 13, is amended to read:
3.23 Subd. 13. Practice of advanced practice registered nursing. (a) The "practice of
3.24advanced practice registered nursing" means the performance of
3.25
3.26
3.27and for at least one population focus. The scope of advanced practice registered nursing
3.28includes, but is not limited to, performing acts of advanced assessment, diagnosing,
3.29prescribing, and ordering. The practice includes functioning as a primary care provider,
3.30 direct care provider, case manager, consultant, educator, and researcher.
3.31
3.32
3.33
3.34
4.1
4.2
4.3
4.4nursing practice requires the advanced practice registered nurse to be accountable: (1) to
4.5patients for the quality of advanced nursing care rendered; (2) for recognizing limits of
4.6knowledge and experience; and (3) for planning for the management of situations beyond
4.7the advanced practice registered nurse's expertise. (b) The practice of advanced practice
4.8registered nursing includes accepting referrals from, consulting with, cooperating with,
4.9or referring to other health care providers as appropriate.
4.10 Sec. 8. Minnesota Statutes 2012, section 148.171, subdivision 16, is amended to read:
4.11 Subd. 16. Prescribing. "Prescribing" means the act of generating a prescription for
4.12the preparation of, use of, or manner of using a drug or therapeutic device in accordance
4.13with the provisions of section
4.14use of a drug or therapeutic device which is not required by the federal Food and Drug
4.15Administration to meet the labeling requirements for prescription drugs and devices.
4.16Prescribing also does not include recommending or administering a drug or therapeutic
4.17device
4.18nurse anesthetist.
4.19 Sec. 9. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
4.20to read:
4.21 Subd. 17a. Primary care provider. "Primary care provider" means a licensed
4.22health care provider who acts as the first point of care for comprehensive health
4.23maintenance and promotion, preventative care, and undiagnosed health concerns and
4.24who provides continuing care of varied health conditions not limited by cause, organ
4.25systems, or diagnosis.
4.26 Sec. 10. Minnesota Statutes 2012, section 148.171, subdivision 21, is amended to read:
4.27 Subd. 21. Registered nurse anesthetist practice. "Registered nurse anesthetist
4.28practice" means the provision of anesthesia care and related services
4.29
4.30(1) selecting, obtaining, and administering drugs and therapeutic devices to facilitate
4.31diagnostic, therapeutic, and surgical procedures
4.32
4.33(2) ordering, performing, supervising, and interpreting diagnostic studies;
5.1(3) prescribing pharmacologic and nonpharmacologic therapies; and
5.2(4) when necessary, consulting with other health care providers or making
5.3appropriate referrals for patients and families.
5.4 Sec. 11. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
5.5to read:
5.6 Subd. 23. Roles of advanced practice registered nurses. "Role" means one of four
5.7recognized advanced practice registered nurse roles: certified registered nurse anesthetist
5.8(CRNA); certified nurse-midwife (CNM); certified clinical nurse specialist (CNS); or
5.9certified nurse practitioner (CNP).
5.10 Sec. 12. Minnesota Statutes 2012, section 148.181, subdivision 1, is amended to read:
5.11 Subdivision 1. Membership. The Board of Nursing consists of 16 members
5.12appointed by the governor, each of whom must be a resident of this state. Eight members
5.13must be registered nurses, each of whom must have graduated from an approved school of
5.14nursing, must be licensed and currently registered as a registered nurse in this state, and
5.15must have had at least five years experience in nursing practice, nursing administration, or
5.16nursing education immediately preceding appointment. One of the eight must have had
5.17at least two years executive or teaching experience in a baccalaureate degree nursing
5.18program approved by the board under section
5.19preceding appointment, one of the eight must have had at least two years executive or
5.20teaching experience in an associate degree nursing program approved by the board under
5.21section
5.22must be practicing professional nursing in a nursing home at the time of appointment,
5.23one of the eight must have had at least two years executive or teaching experience in
5.24a practical nursing program approved by the board under section
5.25five years immediately preceding appointment, and one of the eight must be licensed
5.26and have national certification and recertification as a registered nurse anesthetist, nurse
5.27practitioner, nurse midwife, or clinical nurse specialist. Four of the eight must have had at
5.28least five years of experience in nursing practice or nursing administration immediately
5.29preceding appointment. Four members must be licensed practical nurses, each of whom
5.30must have graduated from an approved school of nursing, must be licensed and currently
5.31registered as a licensed practical nurse in this state, and must have had at least five years
5.32experience in nursing practice immediately preceding appointment. The remaining four
5.33members must be public members as defined by section
6.1A member may be reappointed but may not serve more than two full terms
6.2consecutively. The governor shall attempt to make appointments to the board that reflect
6.3the geography of the state. The board members who are nurses should as a whole reflect
6.4the broad mix of practice types and sites of nurses practicing in Minnesota.
6.5Membership terms, compensation of members, removal of members, the filling of
6.6membership vacancies, and fiscal year and reporting requirements are as provided in
6.7sections
6.8ceases to be actively engaged in the practice of nursing or otherwise becomes disqualified
6.9for board membership is automatically removed, and the governor shall fill the vacancy.
6.10The provision of staff, administrative services, and office space; the review and processing
6.11of complaints; the setting of board fees; and other provisions relating to board operations
6.12are as provided in sections
6.13board shall file with the secretary of state the constitutional oath of office before beginning
6.14the term of office.
6.15 Sec. 13. Minnesota Statutes 2012, section 148.191, subdivision 2, is amended to read:
6.16 Subd. 2. Powers. (a) The board is authorized to adopt and, from time to time, revise
6.17rules not inconsistent with the law, as may be necessary to enable it to carry into effect the
6.18provisions of sections
6.19standards for schools and courses preparing persons for licensure under sections
6.20to
6.21times as it may deem necessary. It shall approve such schools and courses as meet the
6.22requirements of sections
6.23and renew the license of duly qualified applicants. It shall hold examinations at least once
6.24in each year at such time and place as it may determine. It shall by rule adopt, evaluate,
6.25and periodically revise, as necessary, requirements for licensure and for registration and
6.26renewal of registration as defined in section
6.27persons licensed by the board to practice advanced practice, professional, or practical
6.28nursing
6.29
6.30violating sections
6.31therefor. It shall register public health nurses who meet educational and other requirements
6.32established by the board by rule, including payment of a fee. It shall have power to issue
6.33subpoenas, and to compel the attendance of witnesses and the production of all necessary
6.34documents and other evidentiary material. Any board member may administer oaths to
6.35witnesses, or take their affirmation. It shall keep a record of all its proceedings.
7.1(b) The board shall have access to hospital, nursing home, and other medical records
7.2of a patient cared for by a nurse under review. If the board does not have a written consent
7.3from a patient permitting access to the patient's records, the nurse or facility shall delete
7.4any data in the record that identifies the patient before providing it to the board. The board
7.5shall have access to such other records as reasonably requested by the board to assist the
7.6board in its investigation. Nothing herein may be construed to allow access to any records
7.7protected by section
7.8this paragraph as investigative data under chapter 13.
7.9(c) The board may accept and expend grants or gifts of money or in-kind services
7.10from a person, a public or private entity, or any other source for purposes consistent with
7.11the board's role and within the scope of its statutory authority.
7.12(d) The board may accept registration fees for meetings and conferences conducted
7.13for the purposes of board activities that are within the scope of its authority.
7.14 Sec. 14. Minnesota Statutes 2012, section 148.211, is amended by adding a subdivision
7.15to read:
7.16 Subd. 1a. Initial advanced practice registered nurse licensure. (a) An applicant
7.17for a license to practice as an advanced practice registered nurse (APRN) shall apply to
7.18the board for a license in a format prescribed by the board and pay a fee in an amount
7.19determined by statute. In no case may fees be refunded.
7.20(b) To be eligible for licensure:
7.21(1) the applicant must hold a current Minnesota professional nursing license or
7.22demonstrate eligibility for licensure as a registered nurse in this jurisdiction;
7.23(2) the applicant shall not hold an encumbered license as a registered nurse in any
7.24state or territory;
7.25(3) the applicant must have completed a graduate level APRN program accredited
7.26by a nursing or nursing-related accrediting body that is recognized by the United States
7.27Secretary of Education or the Council for Higher Education Accreditation as acceptable
7.28to the board. The education will be in one of the four APRN roles and at least one
7.29population focus;
7.30(4) the applicant must be currently certified by a national certifying body recognized
7.31by the board in the APRN role and population foci appropriate to educational preparation;
7.32(5) the applicant must report any criminal conviction, nolo contendere plea, Alford
7.33Plea, or other plea arrangement in lieu of conviction; and
7.34(6) the applicant must have committed no acts or omissions which are grounds for
7.35disciplinary action in another jurisdiction or, if such acts have been committed and would
8.1be grounds for disciplinary action as set forth in section 148.261, the board has found,
8.2after investigation, that sufficient restitution has been made.
8.3(c) After December 31, 2015, all new graduates applying for advanced practice
8.4registered nurse licensure must meet the licensure requirements in this chapter.
8.5 Sec. 15. Minnesota Statutes 2012, section 148.211, is amended by adding a subdivision
8.6to read:
8.7 Subd. 1b. Advanced practice registered nurse grandfather provision. Any
8.8advanced practice registered nurse with authority to practice as an advanced practice
8.9registered nurse in this state that is valid on December 31, 2015, shall be eligible to apply
8.10for licensure as an advanced practice registered nurse under the provisions of this chapter
8.11with current privileges and shall be eligible for license renewal under the conditions
8.12and standards prescribed in this chapter.
8.13 Sec. 16. Minnesota Statutes 2012, section 148.211, subdivision 2, is amended to read:
8.14 Subd. 2. Licensure by endorsement. (a) The board shall issue a license to practice
8.15 advanced practice registered nursing, professional nursing or practical nursing without
8.16examination to an applicant who has been duly licensed or registered as a nurse under the
8.17laws of another state, territory, or country, if in the opinion of the board the applicant has the
8.18qualifications equivalent to the qualifications required in this state as stated in subdivision
8.191, all other laws not inconsistent with this section, and rules promulgated by the board.
8.20(b) After December 31, 2015, an applicant for advanced practice registered nurse
8.21licensure by endorsement will be eligible for licensure if the applicant demonstrates:
8.22(1) current national certification or recertification in the advanced role and
8.23population focus area; and
8.24(2) compliance with the advanced practice nursing educational requirements that
8.25were in effect in Minnesota at the time the advanced practice registered nurse completed
8.26the advanced practice nursing education program.
8.27 Sec. 17. Minnesota Statutes 2012, section 148.231, subdivision 1, is amended to read:
8.28 Subdivision 1. Registration. Every person licensed to practice advanced practice,
8.29 professional, or practical nursing must maintain with the board a current registration
8.30for practice as
8.31practical nurse which must be renewed at regular intervals established by the board by
8.32rule. No registration shall be issued by the board to a nurse until the nurse has submitted
9.1satisfactory evidence of compliance with the procedures and minimum requirements
9.2established by the board.
9.3The fee for periodic registration for practice as a nurse shall be determined
9.4
9.5verify the application and the evidence of completion of continuing education requirements
9.6in effect, and thereupon issue to the nurse registration for the next renewal period. An
9.7applicant for advanced practice registered nursing (APRN) renewal shall provide evidence
9.8of current certification or recertification in the appropriate APRN role and at least one
9.9population focus by a nationally accredited certifying body recognized by the board.
9.10 Sec. 18. Minnesota Statutes 2012, section 148.231, subdivision 4, is amended to read:
9.11 Subd. 4. Failure to register. Any person licensed under the provisions of sections
9.13to practice nursing in this state as an advanced practice registered nurse, a registered
9.14nurse, or a licensed practical nurse.
9.15 Sec. 19. Minnesota Statutes 2012, section 148.231, subdivision 5, is amended to read:
9.16 Subd. 5. Reregistration. A person whose registration has lapsed desiring to
9.17resume practice shall make application for reregistration, submit satisfactory evidence
9.18of compliance with the procedures and requirements established by the board, and pay
9.19the reregistration fee for the current period to the board. A penalty fee shall be required
9.20from a person who practiced nursing without current registration. Thereupon, registration
9.21shall be issued to the person who shall immediately be placed on the practicing list as an
9.22advanced practice registered nurse, a registered nurse, or a licensed practical nurse.
9.23 Sec. 20. Minnesota Statutes 2012, section 148.233, subdivision 2, is amended to read:
9.24 Subd. 2. Advanced practice registered nurse.
9.25
9.26
9.27
9.28
9.29
9.30advanced practice registered nursing in this state may use the title advanced practice
9.31registered nurse with the role designation of certified registered nurse anesthetist, certified
9.32nurse-midwife, certified clinical nurse specialist, or certified nurse practitioner.
10.1(b) An advanced practice registered nurse shall use the appropriate designation:
10.2APRN, CNS; APRN, CNM; APRN, CNP; or APRN, CRNA for personal identification
10.3and in documentation of services provided. Identification of educational degrees and
10.4specialty fields may be added.
10.5(c) The advanced practice registered nurse with an earned doctorate may use the
10.6term "doctor" or abbreviation "Dr." When providing nursing care, APRNs shall provide
10.7clear identification of advanced practice registered nurse designation.
10.8 Sec. 21. Minnesota Statutes 2012, section 148.234, is amended to read:
10.9148.234 STATE BOUNDARIES CONSIDERATION.
10.10A nurse may perform
10.11of a physician, a podiatrist,
10.12in another state, United States territory, or Canadian province if the physician, podiatrist,
10.13
10.14patient and issued the direction in that state, United States territory, or Canadian province.
10.15Nothing in this section allows a nurse to perform a
10.16procedure or technique at the direction of a physician, a podiatrist,
10.17advanced practice registered nurse that is illegal in this state.
10.18 Sec. 22. Minnesota Statutes 2012, section 148.235, is amended by adding a subdivision
10.19to read:
10.20 Subd. 7a. Diagnosis, prescribing, and ordering. Advanced practice registered
10.21nurses are authorized to:
10.22(1) diagnose, prescribe, and institute therapy or referrals of patients to health care
10.23agencies and providers;
10.24(2) prescribe, procure, sign for, record, administer, and dispense over-the-counter,
10.25legend, and controlled substances, including sample drugs; and
10.26(3) plan and initiate a therapeutic regimen that includes ordering and prescribing
10.27durable medical devices and equipment, nutrition, diagnostic, and supportive services
10.28including, but not limited to, home health care, hospice, physical, and occupational therapy.
10.29 Sec. 23. Minnesota Statutes 2012, section 148.235, is amended by adding a subdivision
10.30to read:
10.31 Subd. 7b. Drug Enforcement Administration requirements. (a) Advanced
10.32practice registered nurses must:
11.1(1) comply with federal Drug Enforcement Administration (DEA) requirements
11.2related to controlled substances; and
11.3(2) immediately file any and all of the nurse's DEA registrations and numbers with
11.4the board.
11.5(b) The board shall maintain current records of all advanced practice registered
11.6nurses with DEA registration and numbers.
11.7 Sec. 24. Minnesota Statutes 2012, section 148.251, subdivision 1, is amended to read:
11.8 Subdivision 1. Initial approval. An institution desiring to conduct a nursing
11.9program shall apply to the board and submit evidence that:
11.10(1) It is prepared to provide a program of theory and practice in advanced practice,
11.11 professional, or practical nursing that meets the program approval standards adopted by
11.12the board. Instruction and required experience may be obtained in one or more institutions
11.13or agencies outside the applying institution as long as the nursing program retains
11.14accountability for all clinical and nonclinical teaching.
11.15(2) It is prepared to meet other standards established by law and by the board.
11.16 Sec. 25. Minnesota Statutes 2012, section 148.261, subdivision 1, is amended to read:
11.17 Subdivision 1. Grounds listed. The board may deny, revoke, suspend, limit,
11.18or condition the license and registration of any person to practice advanced practice,
11.19 professional,
11.21The following are grounds for disciplinary action:
11.22(1) Failure to demonstrate the qualifications or satisfy the requirements for a license
11.23contained in sections
11.24applying for a license, the burden of proof is upon the applicant to demonstrate the
11.25qualifications or satisfaction of the requirements.
11.26(2) Employing fraud or deceit in procuring or attempting to procure a permit,
11.27license, or registration certificate to practice advanced practice, professional, or practical
11.28nursing or attempting to subvert the licensing examination process. Conduct that subverts
11.29or attempts to subvert the licensing examination process includes, but is not limited to:
11.30(i) conduct that violates the security of the examination materials, such as removing
11.31examination materials from the examination room or having unauthorized possession of
11.32any portion of a future, current, or previously administered licensing examination;
11.33(ii) conduct that violates the standard of test administration, such as communicating
11.34with another examinee during administration of the examination, copying another
12.1examinee's answers, permitting another examinee to copy one's answers, or possessing
12.2unauthorized materials; or
12.3(iii) impersonating an examinee or permitting an impersonator to take the
12.4examination on one's own behalf.
12.5(3) Conviction of a felony or gross misdemeanor reasonably related to the practice
12.6of professional, advanced practice registered, or practical nursing. Conviction as used in
12.7this subdivision includes a conviction of an offense that if committed in this state would
12.8be considered a felony or gross misdemeanor without regard to its designation elsewhere,
12.9or a criminal proceeding where a finding or verdict of guilt is made or returned but the
12.10adjudication of guilt is either withheld or not entered.
12.11(4) Revocation, suspension, limitation, conditioning, or other disciplinary action
12.12against the person's professional or practical nursing license or advanced practice
12.13registered nursing credential, in another state, territory, or country; failure to report to the
12.14board that charges regarding the person's nursing license or other credential are pending in
12.15another state, territory, or country; or having been refused a license or other credential by
12.16another state, territory, or country.
12.17(5) Failure to or inability to perform professional or practical nursing as defined in
12.18section
12.19of a registered nurse to supervise or a licensed practical nurse to monitor adequately the
12.20performance of acts by any person working at the nurse's direction.
12.21(6) Engaging in unprofessional conduct, including, but not limited to, a departure
12.22from or failure to conform to board rules of professional or practical nursing practice that
12.23interpret the statutory definition of professional or practical nursing as well as provide
12.24criteria for violations of the statutes, or, if no rule exists, to the minimal standards of
12.25acceptable and prevailing professional or practical nursing practice, or any nursing
12.26practice that may create unnecessary danger to a patient's life, health, or safety. Actual
12.27injury to a patient need not be established under this clause.
12.28(7) Failure of an advanced practice registered nurse to practice with reasonable
12.29skill and safety or departure from or failure to conform to standards of acceptable and
12.30prevailing advanced practice registered nursing.
12.31(8) Delegating or accepting the delegation of a nursing function or a prescribed
12.32health care function when the delegation or acceptance could reasonably be expected to
12.33result in unsafe or ineffective patient care.
12.34(9) Actual or potential inability to practice nursing with reasonable skill and safety
12.35to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or
12.36as a result of any mental or physical condition.
13.1(10) Adjudication as mentally incompetent, mentally ill, a chemically dependent
13.2person, or a person dangerous to the public by a court of competent jurisdiction, within or
13.3without this state.
13.4(11) Engaging in any unethical conduct, including, but not limited to, conduct likely
13.5to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard
13.6for the health, welfare, or safety of a patient. Actual injury need not be established under
13.7this clause.
13.8(12) Engaging in conduct with a patient that is sexual or may reasonably be
13.9interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
13.10demeaning to a patient, or engaging in sexual exploitation of a patient or former patient.
13.11(13) Obtaining money, property, or services from a patient, other than reasonable
13.12fees for services provided to the patient, through the use of undue influence, harassment,
13.13duress, deception, or fraud.
13.14(14) Revealing a privileged communication from or relating to a patient except when
13.15otherwise required or permitted by law.
13.16(15) Engaging in abusive or fraudulent billing practices, including violations of
13.17federal Medicare and Medicaid laws or state medical assistance laws.
13.18(16) Improper management of patient records, including failure to maintain adequate
13.19patient records, to comply with a patient's request made pursuant to sections
13.20144.298, or to furnish a patient record or report required by law.
13.21(17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to
13.22engage in the unlawful practice of professional, advanced practice registered, or practical
13.23nursing.
13.24(18) Violating a rule adopted by the board, an order of the board, or a state or federal
13.25law relating to the practice of professional, advanced practice registered, or practical
13.26nursing, or a state or federal narcotics or controlled substance law.
13.27(19) Knowingly providing false or misleading information that is directly related
13.28to the care of that patient unless done for an accepted therapeutic purpose such as the
13.29administration of a placebo.
13.30(20) Aiding suicide or aiding attempted suicide in violation of section
13.31established by any of the following:
13.32(i) a copy of the record of criminal conviction or plea of guilty for a felony in
13.33violation of section
13.34(ii) a copy of the record of a judgment of contempt of court for violating an
13.35injunction issued under section
14.1(iii) a copy of the record of a judgment assessing damages under section
14.2subdivision 5
14.3(iv) a finding by the board that the person violated section
14.41
14.5subdivision 1
14.6(21) Practicing outside the scope of practice authorized by section
14.7subdivision 5
14.8
14.9
14.10
14.11board, failing to make reports as required by section
14.12an investigation of the board as required by section
14.13
14.14
14.15 status as a certified registered nurse anesthetist, certified nurse-midwife, certified nurse
14.16practitioner, or certified clinical nurse specialist.
14.17
14.18practitioner practice, or registered nurse anesthetist practice without current certification
14.19by a national nurse certification organization acceptable to the board
14.20
14.21
14.22
14.23
14.24subdivision 2a
14.25report as required by section
14.26 Sec. 26. Minnesota Statutes 2012, section 148.262, subdivision 1, is amended to read:
14.27 Subdivision 1. Forms of disciplinary action. When the board finds that grounds for
14.28disciplinary action exist under section
14.29of the following actions:
14.30(1) deny the license, registration, or registration renewal;
14.31(2) revoke the license;
14.32(3) suspend the license;
14.33(4) impose limitations on the nurse's practice of advanced practice, professional,
14.34
14.35of scope of practice or the requirement of practice under supervision;
15.1(5) impose conditions on the retention of the license including, but not limited to, the
15.2imposition of retraining or rehabilitation requirements or the conditioning of continued
15.3practice on demonstration of knowledge or skills by appropriate examination, monitoring,
15.4or other review;
15.5(6) impose a civil penalty not exceeding $10,000 for each separate violation, the
15.6amount of the civil penalty to be fixed as to deprive the nurse of any economic advantage
15.7gained by reason of the violation charged, to reimburse the board for the cost of counsel,
15.8investigation, and proceeding, and to discourage repeated violations;
15.9(7) order the nurse to provide unremunerated service;
15.10(8) censure or reprimand the nurse; or
15.11(9) any other action justified by the facts in the case.
15.12 Sec. 27. Minnesota Statutes 2012, section 148.262, subdivision 2, is amended to read:
15.13 Subd. 2. Automatic suspension. Unless the board orders otherwise, a license to
15.14practice advanced practice, professional, or practical nursing is automatically suspended if:
15.15(1) a guardian of a nurse is appointed by order of a court under sections
15.16to
15.17(2) the nurse is committed by order of a court under chapter 253B; or
15.18(3) the nurse is determined to be mentally incompetent, mentally ill, chemically
15.19dependent, or a person dangerous to the public by a court of competent jurisdiction within
15.20or without this state.
15.21The license remains suspended until the nurse is restored to capacity by a court and,
15.22upon petition by the nurse, the suspension is terminated by the board after a hearing or
15.23upon agreement between the board and the nurse.
15.24 Sec. 28. Minnesota Statutes 2012, section 148.262, subdivision 4, is amended to read:
15.25 Subd. 4. Reissuance. The board may reinstate and reissue a license or registration
15.26certificate to practice advanced practice, professional, or practical nursing, but as a
15.27condition may impose any disciplinary or corrective measure that it might originally have
15.28imposed. Any person whose license or registration has been revoked, suspended, or limited
15.29may have the license reinstated and a new registration issued when, in the discretion of the
15.30board, the action is warranted, provided that the person shall be required by the board to
15.31pay the costs of the proceedings resulting in the revocation, suspension, or limitation of the
15.32license or registration certificate and reinstatement of the license or registration certificate,
15.33and to pay the fee for the current registration period. The cost of proceedings shall
15.34include, but not be limited to, the cost paid by the board to the Office of Administrative
16.1Hearings and the Office of the Attorney General for legal and investigative services, the
16.2costs of a court reporter and witnesses, reproduction of records, board staff time, travel,
16.3and expenses, and board members' per diem reimbursements, travel costs, and expenses.
16.4 Sec. 29. Minnesota Statutes 2012, section 148.271, is amended to read:
16.5148.271 EXEMPTIONS.
16.6The provisions of sections
16.7(1) The furnishing of nursing assistance in an emergency.
16.8(2) The practice of advanced practice, professional, or practical nursing by any
16.9legally qualified advanced practice, registered, or licensed practical nurse of another state
16.10who is employed by the United States government or any bureau, division, or agency
16.11thereof while in the discharge of official duties.
16.12(3) The practice of any profession or occupation licensed by the state, other than
16.13 advanced practice, professional, or practical nursing, by any person duly licensed to
16.14practice the profession or occupation, or the performance by a person of any acts properly
16.15coming within the scope of the profession, occupation, or license.
16.16(4) The provision of a nursing or nursing-related service by a nursing assistant
16.17who has been delegated the specific function and is supervised by a registered nurse or
16.18monitored by a licensed practical nurse.
16.19(5) The care of the sick with or without compensation when done in a nursing home
16.20covered by the provisions of section
16.21(6) Professional nursing practice or advanced practice registered nursing practice by
16.22a registered nurse or practical nursing practice by a licensed practical nurse licensed in
16.23another state or territory who is in Minnesota as a student enrolled in a formal, structured
16.24course of study, such as a course leading to a higher degree, certification in a nursing
16.25specialty, or to enhance skills in a clinical field, while the student is practicing in the course.
16.26(7) Professional or practical nursing practice by a student practicing under the
16.27supervision of an instructor while the student is enrolled in a nursing program approved by
16.28the board under section
16.29(8) Advanced practice registered nursing as defined in section
16.305, 10, 11, 13, and 21
16.31Minnesota or another United States jurisdiction and who is enrolled as a student in a
16.32formal graduate education program leading to eligibility for certification and licensure
16.33 as an advanced practice registered nurse
16.34
16.35
17.1 Sec. 30. Minnesota Statutes 2012, section 148.281, subdivision 1, is amended to read:
17.2 Subdivision 1. Violations described. It shall be unlawful for any person,
17.3corporation, firm, or association, to:
17.4(1) sell or fraudulently obtain or furnish any nursing diploma, license or record, or
17.5aid or abet therein;
17.6(2) practice advanced practice, professional, or practical nursing
17.7as a public health nurse
17.8
17.9 under cover of any diploma, permit, license, registration certificate, advanced practice
17.10credential, or record illegally or fraudulently obtained or signed or issued unlawfully or
17.11under fraudulent representation;
17.12(3) practice advanced practice, professional, or practical nursing unless the person has
17.13been issued a temporary permit under the provisions of section
17.14and currently registered to do so under the provisions of sections
17.15(4) use the professional title nurse unless duly licensed to practice advanced practice,
17.16 professional, or practical nursing under the provisions of sections
17.17except as authorized by the board by rule;
17.18(5) use any abbreviation or other designation tending to imply licensure as
17.19advanced practice registered nurse, a registered nurse, or a licensed practical nurse unless
17.20duly licensed and currently registered so to practice advanced practice, professional, or
17.21practical nursing under the provisions of sections
17.22by the board by rule;
17.23(6) use any title, abbreviation, or other designation tending to imply certification
17.24as a certified registered nurse as defined in section
17.25certified by a national nurse certification organization;
17.26(7) use any abbreviation or other designation tending to imply registration as a
17.27public health nurse unless duly registered by the board;
17.28(8) practice advanced practice, professional,
17.29practical nursing in a manner prohibited by the board in any limitation of a license or
17.30registration issued under the provisions of sections
17.31(9) practice advanced practice, professional,
17.32practical nursing during the time a license or current registration issued under the
17.33provisions of sections
17.34(10) conduct a nursing program for the education of persons to become advanced
17.35practice registered nurses, registered nurses, or licensed practical nurses unless the
17.36program has been approved by the board; and
18.1(11) knowingly employ persons in the practice of advanced practice, professional,
18.2 or practical nursing who have not been issued a current permit, license, or registration
18.3certificate to practice as a nurse in this state
18.4
18.5
18.6 Sec. 31. Minnesota Statutes 2012, section 148.281, is amended by adding a subdivision
18.7to read:
18.8 Subd. 3. Penalty; advanced practice registered nurses. An advanced practice
18.9registered nurse who practices advanced practice registered nursing without current
18.10licensure and certification or recertification as an advanced practice registered nurse shall
18.11pay a penalty fee of $200 for the first month or part of a month and an additional $100 for
18.12each subsequent month or parts of months of practice. The amount of the penalty fee shall
18.13be calculated from the first day the advanced practice registered nurse practiced without
18.14current advanced practice registered nurse licensure and certification or recertification
18.15to the date of last practice or from the first day the advanced practice registered nurse
18.16practiced without the current licensure and certification or recertification.
18.17 Sec. 32. REPEALER.
18.18Minnesota Statutes 2012, sections 148.171, subdivision 6; 148.235, subdivisions 1,
18.192, 2a, 4, 4a, 4b, 6, and 7; and 148.284, are repealed.