Bill Text: MN SF511 | 2013-2014 | 88th Legislature | Engrossed
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-Engrossed.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-Engrossed.html
1.2relating to health; improving access to health care delivered by advanced
1.3practice registered nurses; providing penalties;amending Minnesota Statutes
1.42012, sections 148.171, subdivisions 3, 5, 9, 10, 11, 13, 16, 17, 21, by adding
1.5subdivisions; 148.181, subdivision 1; 148.191, subdivision 2; 148.211,
1.6subdivision 2, by adding subdivisions; 148.231, subdivisions 1, 4, 5; 148.233,
1.7subdivision 2; 148.234; 148.235, by adding subdivisions; 148.251, subdivision
1.81; 148.261, subdivision 1; 148.262, subdivisions 1, 2, 4; 148.281, subdivision 1,
1.9by adding a subdivision; 148.283; 151.01, subdivision 23; 152.12; Minnesota
1.10Statutes 2013 Supplement, section 148.271; proposing coding for new law in
1.11Minnesota Statutes, chapter 148; repealing Minnesota Statutes 2012, sections
1.12148.171, subdivision 6; 148.235, subdivisions 1, 2, 2a, 4, 4a, 4b, 6, 7; 148.284.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2012, section 148.171, subdivision 3, is amended to read:
1.15 Subd. 3. Advanced practice registered nurse. "Advanced practice registered
1.16nurse," abbreviated APRN, means an individual licensed asa an advanced practice
1.17 registered nurse by the board and certified by a national nurse certification organization
1.18acceptable to the board to practice as a clinical nurse specialist, nurse anesthetist,
1.19nurse-midwife, or nurse practitioner. The national nursing certification organization must:
1.20(1) be endorsed by a national professional nursing organization that describes
1.21scope and standards statements specific to the practice as a clinical nurse specialist,
1.22nurse-midwife, nurse practitioner, or registered nurse anesthetist for the population focus
1.23for which the individual will be certified;
1.24(2) be independent from the national professional nursing organization in
1.25decision-making for all matters pertaining to certification or recertification;
2.1(3) administer a professional nursing certification program that is psychometrically
2.2sound and legally defensible, and meets nationally recognized accreditation standards
2.3for certification programs; and
2.4(4) require periodic recertification or be affiliated with an organization that provides
2.5recertification.
2.6 Sec. 2. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
2.7to read:
2.8 Subd. 4a. Certification. "Certification" means the formal recognition of knowledge,
2.9skills, and experience demonstrated by the achievement of standards identified by the
2.10National Professional Nursing Organization acceptable to the Minnesota Board of Nursing.
2.11 Sec. 3. Minnesota Statutes 2012, section 148.171, subdivision 5, is amended to read:
2.12 Subd. 5. Clinical nurse specialist practice. "Clinical nurse specialist practice"
2.13meansthe provision of patient care in a particular specialty or subspecialty of advanced
2.14practice registered nursing within the context of collaborative management, and includes:
2.15(1) diagnosing illness and disease; (2) providing nonpharmacologic treatment, including
2.16psychotherapy; (3) promoting wellness; and (4) preventing illness and disease. The
2.17certified clinical nurse specialist is certified for advanced practice registered nursing in a
2.18specific field of clinical nurse specialist practice.:
2.19(1) the diagnosis and treatment of health and illness states;
2.20(2) disease management;
2.21(3) prescribing pharmacologic and nonpharmacologic therapies;
2.22(4) ordering, performing, supervising, and interpreting diagnostic studies;
2.23(5) prevention of illness and risk behaviors;
2.24(6) nursing care for individuals, families, and communities;
2.25(7) consulting with, collaborating with, or referring to other health care providers as
2.26warranted by the needs of the patient; and
2.27(8) integration of care across the continuum to improve patient outcomes.
2.28 Sec. 4. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
2.29to read:
2.30 Subd. 6a. Collaboration. "Collaboration" means the process in which two or more
2.31health care professionals work together to meet the health care needs of a patient, as
2.32warranted by the patient.
3.1 Sec. 5. Minnesota Statutes 2012, section 148.171, subdivision 9, is amended to read:
3.2 Subd. 9. Nurse. "Nurse" means advanced practice registered nurse, registered
3.3nurse,advanced practice registered nurse, and licensed practical nurse unless the context
3.4clearly refers to only one category.
3.5 Sec. 6. Minnesota Statutes 2012, section 148.171, subdivision 10, is amended to read:
3.6 Subd. 10. Nurse-midwife practice. "Nurse-midwife practice" meansthe
3.7management of women's primary health care, focusing on pregnancy, childbirth, the
3.8postpartum period, care of the newborn, and the family planning and gynecological needs
3.9of women and includes diagnosing and providing nonpharmacologic treatment within a
3.10system that provides for consultation, collaborative management, and referral as indicated
3.11by the health status of patients.:
3.12(1) the management, diagnosis, and treatment of women's primary health care
3.13including pregnancy, childbirth, postpartum period, care of the newborn, family planning,
3.14partner care management relating to sexual health, and gynecological care of women
3.15across the life span;
3.16(2) ordering, performing, supervising, and interpreting diagnostic studies;
3.17(3) prescribing pharmacologic and nonpharmacologic therapies; and
3.18(4) consulting with, collaborating with, or referring to other health care providers
3.19as warranted by the needs of the patient.
3.20 Sec. 7. Minnesota Statutes 2012, section 148.171, subdivision 11, is amended to read:
3.21 Subd. 11. Nurse practitioner practice. "Nurse practitioner practice" means,
3.22within the context of collaborative management: (1) diagnosing, directly managing, and
3.23preventing acute and chronic illness and disease; and (2) promoting wellness, including
3.24providing nonpharmacologic treatment. The certified nurse practitioner is certified for
3.25advanced registered nurse practice in a specific field of nurse practitioner practice. the
3.26provision of care including:
3.27(1) health promotion, disease prevention, health education, and counseling;
3.28(2) providing health assessment and screening activities;
3.29(3) diagnosing, treating, and facilitating patients' management of their acute and
3.30chronic illnesses and diseases;
3.31(4) ordering, performing, supervising, and interpreting diagnostic studies;
3.32(5) prescribing pharmacologic and nonpharmacologic therapies; and
3.33(6) consulting with, collaborating with, or referring to other health care providers
3.34as warranted by the needs of the patient.
4.1 Sec. 8. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
4.2to read:
4.3 Subd. 12a. Population focus. "Population focus" means the categories of patients
4.4for which the advanced practice registered nurse has the educational preparation to
4.5provide care and services. The categories of population foci are:
4.6(1) family and individual across the life span;
4.7(2) adult gerontology;
4.8(3) neonatal;
4.9(4) pediatrics;
4.10(5) women's and gender-related health; and
4.11(6) psychiatric and mental health.
4.12 Sec. 9. Minnesota Statutes 2012, section 148.171, subdivision 13, is amended to read:
4.13 Subd. 13. Practice of advanced practice registered nursing. (a) The "practice
4.14of advanced practice registered nursing" means the performance ofclinical nurse
4.15specialist practice, nurse-midwife practice, nurse practitioner practice, or registered
4.16nurse anesthetist practice as defined in subdivisions 5, 10, 11, and 21 an expanded scope
4.17of nursing in at least one of the recognized advanced practice registered nurse roles
4.18for at least one population focus. The scope and practice standards of an advanced
4.19practice registered nurse are defined by the national professional nursing organizations
4.20specific to the practice as a clinical nurse specialist, nurse-midwife, nurse practitioner,
4.21or registered nurse anesthetist in the population focus. The scope of advanced practice
4.22registered nursing includes, but is not limited to, performing acts of advanced assessment,
4.23diagnosing, prescribing, and ordering. The practice includes functioning as a primary care
4.24provider, direct care provider, case manager, consultant, educator, and researcher.The
4.25practice of advanced practice registered nursing also includes accepting referrals from,
4.26consulting with, cooperating with, or referring to all other types of health care providers,
4.27including but not limited to physicians, chiropractors, podiatrists, and dentists, provided
4.28that the advanced practice registered nurse and the other provider are practicing within
4.29their scopes of practice as defined in state law. The advanced practice registered nurse
4.30must practice within a health care system that provides for consultation, collaborative
4.31management, and referral as indicated by the health status of the patient.
4.32 (b) The practice of advanced practice registered nursing requires the advanced
4.33practice registered nurse to be accountable: (1) to patients for the quality of advanced
4.34nursing care rendered; (2) for recognizing limits of knowledge and experience; and (3)
4.35for planning for the management of situations beyond the advanced practice registered
5.1nurse's expertise. The practice of advanced practice registered nursing includes accepting
5.2referrals from, consulting with, collaborating with, or referring to other health care
5.3providers as warranted by the needs of the patient.
5.4 Sec. 10. Minnesota Statutes 2012, section 148.171, subdivision 16, is amended to read:
5.5 Subd. 16. Prescribing. "Prescribing" means the act of generating a prescription for
5.6the preparation of, use of, or manner of using a drug or therapeutic device in accordance
5.7with the provisions of section148.235 . Prescribing does not include recommending the
5.8use of a drug or therapeutic device which is not required by the federal Food and Drug
5.9Administration to meet the labeling requirements for prescription drugs and devices.
5.10Prescribing also does not include recommending or administering a drug or therapeutic
5.11deviceperioperatively for anesthesia care and related services by a certified registered
5.12nurse anesthetist.
5.13 Sec. 11. Minnesota Statutes 2012, section 148.171, subdivision 17, is amended to read:
5.14 Subd. 17. Prescription. "Prescription" means a written direction or an oral direction
5.15reduced to writing provided to or for an individual patient for the preparation or use of a
5.16drug or therapeutic device. In the case of a prescription for a drug, the requirements of
5.17section 151.01, subdivisions 16, 16a, and 16b, shall apply.
5.18 Sec. 12. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
5.19to read:
5.20 Subd. 17a. Primary care provider. "Primary care provider" means a licensed health
5.21care provider who acts as the first point of care for comprehensive health maintenance and
5.22promotion, preventive care, and undiagnosed health concerns and who provides continuing
5.23care of varied health conditions not limited by cause, organ systems, or diagnosis.
5.24 Sec. 13. Minnesota Statutes 2012, section 148.171, subdivision 21, is amended to read:
5.25 Subd. 21. Registered nurse anesthetist practice. (a) "Registered nurse anesthetist
5.26practice" means the provision of anesthesia care and related serviceswithin the context
5.27of collaborative management, including:
5.28(1) selecting, obtaining, and administering drugs and therapeutic devices to facilitate
5.29diagnostic, therapeutic, and surgical proceduresupon request, assignment, or referral by a
5.30patient's physician, dentist, or podiatrist.;
5.31(2) ordering, performing, supervising, and interpreting diagnostic studies;
5.32(3) prescribing pharmacologic and nonpharmacologic therapies;
6.1(4) providing anesthesia and analgesia for acute and chronic pain symptoms through
6.2noninvasive and interventional therapies, including the use of image-guided technology as
6.3needed for a selected therapy; and
6.4(5) consulting with, collaborating with, or referring to other health care providers
6.5as warranted by the needs of the patient.
6.6(b) Nurse anesthesia practice does not include:
6.7(1) surgical implantation of intrathecal infusion pumps or spinal cord stimulators;
6.8(2) surgical implantation of cements or plastics near or around the spinal column;
6.9(3) nontraumatic laser disectomy;
6.10(4) nontraumatic endoscopic disectomy;
6.11(5) percutaneous vertebroplasties;
6.12(6) percutaneous vertebral augmentation procedures; and
6.13(7) percutaneous kyphoplasties.
6.14 Sec. 14. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
6.15to read:
6.16 Subd. 23. Roles of advanced practice registered nurses. "Role" means one of four
6.17recognized advanced practice registered nurse roles: certified registered nurse anesthetist
6.18(CRNA); certified nurse-midwife (CNM); certified clinical nurse specialist (CNS); or
6.19certified nurse practitioner (CNP).
6.20 Sec. 15. Minnesota Statutes 2012, section 148.181, subdivision 1, is amended to read:
6.21 Subdivision 1. Membership. The Board of Nursing consists of 16 members
6.22appointed by the governor, each of whom must be a resident of this state. Eight members
6.23must be registered nurses, each of whom must have graduated from an approved school of
6.24nursing, must be licensed and currently registered as a registered nurse in this state, and
6.25must have had at least five years experience in nursing practice, nursing administration, or
6.26nursing education immediately preceding appointment. One of the eight must have had
6.27at least two years executive or teaching experience in a baccalaureate degree nursing
6.28program approved by the board under section148.251 during the five years immediately
6.29preceding appointment, one of the eight must have had at least two years executive or
6.30teaching experience in an associate degree nursing program approved by the board under
6.31section148.251 during the five years immediately preceding appointment, one of the eight
6.32must be practicing professional nursing in a nursing home at the time of appointment,
6.33one of the eight must have had at least two years executive or teaching experience in a
6.34practical nursing program approved by the board under section148.251 during the five
7.1years immediately preceding appointment, and one of the eight must be licensed and have
7.2national certification or recertification as a registered nurse anesthetist, nurse practitioner,
7.3nurse midwife, or clinical nurse specialist. Four of the eight must have had at least five
7.4years of experience in nursing practice or nursing administration immediately preceding
7.5appointment. Four members must be licensed practical nurses, each of whom must have
7.6graduated from an approved school of nursing, must be licensed and currently registered
7.7as a licensed practical nurse in this state, and must have had at least five years experience
7.8in nursing practice immediately preceding appointment. The remaining four members
7.9must be public members as defined by section214.02 .
7.10A member may be reappointed but may not serve more than two full terms
7.11consecutively. The governor shall attempt to make appointments to the board that reflect
7.12the geography of the state. The board members who are nurses should as a whole reflect
7.13the broad mix of practice types and sites of nurses practicing in Minnesota.
7.14Membership terms, compensation of members, removal of members, the filling of
7.15membership vacancies, and fiscal year and reporting requirements are as provided in
7.16sections214.07 to
214.09 . Any nurse on the board who during incumbency permanently
7.17ceases to be actively engaged in the practice of nursing or otherwise becomes disqualified
7.18for board membership is automatically removed, and the governor shall fill the vacancy.
7.19The provision of staff, administrative services, and office space; the review and processing
7.20of complaints; the setting of board fees; and other provisions relating to board operations
7.21are as provided in sections148.171 to
148.285 and chapter 214. Each member of the
7.22board shall file with the secretary of state the constitutional oath of office before beginning
7.23the term of office.
7.24 Sec. 16. Minnesota Statutes 2012, section 148.191, subdivision 2, is amended to read:
7.25 Subd. 2. Powers. (a) The board is authorized to adopt and, from time to time, revise
7.26rules not inconsistent with the law, as may be necessary to enable it to carry into effect the
7.27provisions of sections148.171 to
148.285 . The board shall prescribe by rule curricula and
7.28standards for schools and courses preparing persons for licensure under sections148.171
7.29to148.285 . It shall conduct or provide for surveys of such schools and courses at such
7.30times as it may deem necessary. It shall approve such schools and courses as meet the
7.31requirements of sections148.171 to
148.285 and board rules. It shall examine, license,
7.32and renew the license of duly qualified applicants. It shall hold examinations at least once
7.33in each year at such time and place as it may determine. It shall by rule adopt, evaluate,
7.34and periodically revise, as necessary, requirements for licensure and for registration and
7.35renewal of registration as defined in section148.231 . It shall maintain a record of all
8.1persons licensed by the board to practice advanced practice, professional, or practical
8.2nursingand all registered nurses who hold Minnesota licensure and registration and are
8.3certified as advanced practice registered nurses. It shall cause the prosecution of all persons
8.4violating sections148.171 to
148.285 and have power to incur such necessary expense
8.5therefor. It shall register public health nurses who meet educational and other requirements
8.6established by the board by rule, including payment of a fee. It shall have power to issue
8.7subpoenas, and to compel the attendance of witnesses and the production of all necessary
8.8documents and other evidentiary material. Any board member may administer oaths to
8.9witnesses, or take their affirmation. It shall keep a record of all its proceedings.
8.10(b) The board shall have access to hospital, nursing home, and other medical records
8.11of a patient cared for by a nurse under review. If the board does not have a written consent
8.12from a patient permitting access to the patient's records, the nurse or facility shall delete
8.13any data in the record that identifies the patient before providing it to the board. The board
8.14shall have access to such other records as reasonably requested by the board to assist the
8.15board in its investigation. Nothing herein may be construed to allow access to any records
8.16protected by section145.64 . The board shall maintain any records obtained pursuant to
8.17this paragraph as investigative data under chapter 13.
8.18(c) The board may accept and expend grants or gifts of money or in-kind services
8.19from a person, a public or private entity, or any other source for purposes consistent with
8.20the board's role and within the scope of its statutory authority.
8.21(d) The board may accept registration fees for meetings and conferences conducted
8.22for the purposes of board activities that are within the scope of its authority.
8.23 Sec. 17. Minnesota Statutes 2012, section 148.211, is amended by adding a subdivision
8.24to read:
8.25 Subd. 1a. Advanced practice registered nurse licensure. (a) Effective January 1,
8.262016, no advanced practice nurse shall practice as an advanced practice registered nurse
8.27unless the advanced practice nurse is licensed by the board under this section.
8.28(b) An applicant for a license to practice as an advanced practice registered nurse
8.29(APRN) shall apply to the board in a format prescribed by the board and pay a fee in an
8.30amount determined under section 148.243.
8.31(c) To be eligible for licensure an applicant:
8.32(1) must hold a current Minnesota professional nursing license or demonstrate
8.33eligibility for licensure as a registered nurse in this state;
8.34(2) must not hold an encumbered license as a registered nurse in any state or territory;
9.1(3) must have completed a graduate level APRN program accredited by a nursing
9.2or nursing-related accrediting body that is recognized by the United States Secretary of
9.3Education or the Council for Higher Education Accreditation as acceptable to the board.
9.4The education must be in one of the four APRN roles for at least one population focus;
9.5(4) must be currently certified by a national certifying body recognized by the board
9.6in the APRN role and population foci appropriate to educational preparation;
9.7(5) must report any criminal conviction, nolo contendere plea, Alford Plea, or other
9.8plea arrangement in lieu of conviction; and
9.9(6) must not have committed any acts or omissions which are grounds for
9.10disciplinary action in another jurisdiction or, if these acts have been committed and would
9.11be grounds for disciplinary action as set forth in section 148.261, the board has found,
9.12after investigation, that sufficient restitution has been made.
9.13 Sec. 18. Minnesota Statutes 2012, section 148.211, is amended by adding a subdivision
9.14to read:
9.15 Subd. 1b. Advanced practice registered nurse grandfather provision. (a) The
9.16board shall issue a license to an applicant who does not meet the education requirements
9.17in subdivision 1a, paragraph (c), clause (3), if the applicant:
9.18(1) is recognized by the board to practice as an advanced practice registered nurse in
9.19this state on July 1, 2015;
9.20(2) submits an application to the board in a format prescribed by the board and the
9.21applicable fee as determined under section 148.243 by January 1, 2016; and
9.22(3) meets the requirements under subdivision 1a, paragraph (c), clauses (1), (2),
9.23(4), (5), and (6).
9.24(b) An advanced practice registered nurse licensed under this subdivision shall
9.25maintain all practice privileges provided to licensed advanced practice registered nurses
9.26under this chapter.
9.27 Sec. 19. Minnesota Statutes 2012, section 148.211, subdivision 2, is amended to read:
9.28 Subd. 2. Licensure by endorsement. (a) The board shall issue a license to practice
9.29professional nursing or practical nursing without examination to an applicant who has
9.30been duly licensed or registered as a nurse under the laws of another state, territory, or
9.31country, if in the opinion of the board the applicant has the qualifications equivalent
9.32to the qualifications required in this state as stated in subdivision 1, all other laws not
9.33inconsistent with this section, and rules promulgated by the board.
10.1(b) Effective January 1, 2016, an applicant for advanced practice registered nurse
10.2licensure by endorsement is eligible for licensure if the applicant meets the requirements
10.3in paragraph (a) and demonstrates:
10.4(1) current national certification or recertification in the advanced role and
10.5population focus area; and
10.6(2) compliance with the advanced practice nursing educational requirements that
10.7were in effect in Minnesota at the time the advanced practice registered nurse completed
10.8the advanced practice nursing education program.
10.9 Sec. 20. Minnesota Statutes 2012, section 148.231, subdivision 1, is amended to read:
10.10 Subdivision 1. Registration. (a) Every person licensed to practice advanced
10.11practice, professional, or practical nursing must maintain with the board a current
10.12registration for practice asa an advanced practice registered nurse, registered nurse, or
10.13licensed practical nurse which must be renewed at regular intervals established by the
10.14board by rule. No registration shall be issued by the board to a nurse until the nurse
10.15has submitted satisfactory evidence of compliance with the procedures and minimum
10.16requirements established by the board.
10.17The fee for periodic registration for practice as a nurse shall be determined by the
10.18board by law. (b) Upon receipt of the application and the required fees, as determined
10.19under section 148.243, the board shall verify the application and the evidence of
10.20completion of continuing education requirements in effect, andthereupon issue to the
10.21nurse registration for the next renewal period.
10.22 (c) An applicant for advanced practice registered nursing (APRN) renewal must
10.23provide evidence of current certification or recertification in the appropriate APRN role
10.24in at least one population focus by a nationally accredited certifying body recognized
10.25by the board.
10.26 Sec. 21. Minnesota Statutes 2012, section 148.231, subdivision 4, is amended to read:
10.27 Subd. 4. Failure to register. Any person licensed under the provisions of sections
10.28148.171
to
148.285 who fails to register within the required period shall not be entitled
10.29to practice nursing in this state as an advanced practice registered nurse, a registered
10.30nurse, or a licensed practical nurse.
10.31 Sec. 22. Minnesota Statutes 2012, section 148.231, subdivision 5, is amended to read:
10.32 Subd. 5. Reregistration. A person whose registration has lapsed desiring to
10.33resume practice shall make application for reregistration, submit satisfactory evidence
11.1of compliance with the procedures and requirements established by the board, and pay
11.2the reregistration fee for the current period to the board. A penalty fee shall be required
11.3from a person who practiced nursing without current registration. Thereupon, registration
11.4shall be issued to the person who shall immediately be placed on the practicing list as an
11.5advanced practice registered nurse, a registered nurse, or a licensed practical nurse.
11.6 Sec. 23. Minnesota Statutes 2012, section 148.233, subdivision 2, is amended to read:
11.7 Subd. 2. Advanced practice registered nurse.An advanced practice registered
11.8nurse certified as a certified clinical nurse specialist, certified nurse-midwife, certified
11.9nurse practitioner, or certified registered nurse anesthetist shall use the appropriate
11.10designation: RN,CNS; RN,CNM; RN,CNP; or RN,CRNA for personal identification and
11.11in documentation of services provided. Identification of educational degrees and specialty
11.12fields may be added. (a) Only those persons who hold a current license to practice
11.13advanced practice registered nursing in this state may use the title advanced practice
11.14registered nurse with the role designation of certified registered nurse anesthetist, certified
11.15nurse-midwife, certified clinical nurse specialist, or certified nurse practitioner.
11.16(b) An advanced practice registered nurse shall use the appropriate designation:
11.17APRN, CNS; APRN, CNM; APRN, CNP; or APRN, CRNA for personal identification
11.18and in documentation of services provided. Identification of educational degrees and
11.19specialty fields may be added.
11.20(c) When providing nursing care, an advanced practice registered nurse shall provide
11.21clear identification of the appropriate advanced practice registered nurse designation.
11.22 Sec. 24. Minnesota Statutes 2012, section 148.234, is amended to read:
11.23148.234 STATE BOUNDARIES CONSIDERATION.
11.24A nurse may performmedical patient care procedures and techniques at the direction
11.25of a physician, a podiatrist,or a dentist, or an advanced practice registered nurse licensed
11.26in another state, United States territory, or Canadian province if the physician, podiatrist,
11.27or dentist, or advanced practice registered nurse gave the direction after examining the
11.28patient and issued the direction in that state, United States territory, or Canadian province.
11.29Nothing in this section allows a nurse to perform amedical procedure patient care
11.30procedure or technique at the direction of a physician, a podiatrist,or a dentist, or an
11.31advanced practice registered nurse that is illegal in this state.
11.32 Sec. 25. Minnesota Statutes 2012, section 148.235, is amended by adding a subdivision
11.33to read:
12.1 Subd. 7a. Diagnosis, prescribing, and ordering. Advanced practice registered
12.2nurses are authorized to:
12.3(1) diagnose, prescribe, and institute therapy or referrals of patients to health care
12.4agencies and providers;
12.5(2) prescribe, procure, sign for, record, administer, and dispense over-the-counter,
12.6legend, and controlled substances, including sample drugs; and
12.7(3) plan and initiate a therapeutic regimen that includes ordering and prescribing
12.8durable medical devices and equipment, nutrition, diagnostic, and supportive services
12.9including, but not limited to, home health care, hospice, physical, and occupational therapy.
12.10 Sec. 26. Minnesota Statutes 2012, section 148.235, is amended by adding a subdivision
12.11to read:
12.12 Subd. 7b. Drug Enforcement Administration requirements. (a) Advanced
12.13practice registered nurses must:
12.14(1) comply with federal Drug Enforcement Administration (DEA) requirements
12.15related to controlled substances; and
12.16(2) file any and all of the nurse's DEA registrations and numbers with the board.
12.17(b) The board shall maintain current records of all advanced practice registered
12.18nurses with DEA registration and numbers.
12.19 Sec. 27. [148.237] PAIN INTERVENTION THERAPIES.
12.20(a) The implementation of nonsurgical pain intervention therapies may only be
12.21provided upon referral by a physician, dentist, podiatrist, physician assistant, chiropractor,
12.22or advanced practice registered nurse to a licensed registered nurse anesthetist who has
12.23exhibited the requisite knowledge and competency by submitting to the board the following:
12.24(1) documented completion of a postgraduate study program in advanced pain
12.25management therapies and image-guided technology that is acceptable to the board; or
12.26(2) an advanced pain management specialty certification by a nationally or regionally
12.27accredited organization that is acceptable to the board.
12.28(b) A registered nurse anesthetist who does not meet the education and certification
12.29requirements specified in this section by January 1, 2016, but who has been providing
12.30advanced pain management therapies prior to December 31, 2015, may continue to provide
12.31these therapies if the registered nurse anesthetist provides the board with documentation
12.32of practice in these therapies within the two-year period prior to December 31, 2015.
12.33 Sec. 28. Minnesota Statutes 2012, section 148.251, subdivision 1, is amended to read:
13.1 Subdivision 1. Initial approval. An institution desiring to conduct a nursing
13.2program shall apply to the board and submit evidence that:
13.3(1) It is prepared to provide a program of theory and practice in advanced practice,
13.4 professional, or practical nursing that meets the program approval standards adopted by
13.5the board. Instruction and required experience may be obtained in one or more institutions
13.6or agencies outside the applying institution as long as the nursing program retains
13.7accountability for all clinical and nonclinical teaching.
13.8(2) It is prepared to meet other standards established by law and by the board.
13.9 Sec. 29. Minnesota Statutes 2012, section 148.261, subdivision 1, is amended to read:
13.10 Subdivision 1. Grounds listed. The board may deny, revoke, suspend, limit,
13.11or condition the license and registration of any person to practice advanced practice,
13.12 professional,advanced practice registered, or practical nursing under sections
148.171 to
13.13148.285
, or to otherwise discipline a licensee or applicant as described in section
148.262 .
13.14The following are grounds for disciplinary action:
13.15(1) Failure to demonstrate the qualifications or satisfy the requirements for a license
13.16contained in sections148.171 to
148.285 or rules of the board. In the case of a person
13.17applying for a license, the burden of proof is upon the applicant to demonstrate the
13.18qualifications or satisfaction of the requirements.
13.19(2) Employing fraud or deceit in procuring or attempting to procure a permit,
13.20license, or registration certificate to practice advanced practice, professional, or practical
13.21nursing or attempting to subvert the licensing examination process. Conduct that subverts
13.22or attempts to subvert the licensing examination process includes, but is not limited to:
13.23(i) conduct that violates the security of the examination materials, such as removing
13.24examination materials from the examination room or having unauthorized possession of
13.25any portion of a future, current, or previously administered licensing examination;
13.26(ii) conduct that violates the standard of test administration, such as communicating
13.27with another examinee during administration of the examination, copying another
13.28examinee's answers, permitting another examinee to copy one's answers, or possessing
13.29unauthorized materials; or
13.30(iii) impersonating an examinee or permitting an impersonator to take the
13.31examination on one's own behalf.
13.32(3) Conviction of a felony or gross misdemeanor reasonably related to the practice
13.33of professional, advanced practice registered, or practical nursing. Conviction as used in
13.34this subdivision includes a conviction of an offense that if committed in this state would
13.35be considered a felony or gross misdemeanor without regard to its designation elsewhere,
14.1or a criminal proceeding where a finding or verdict of guilt is made or returned but the
14.2adjudication of guilt is either withheld or not entered.
14.3(4) Revocation, suspension, limitation, conditioning, or other disciplinary action
14.4against the person's professional or practical nursing license or advanced practice
14.5registered nursing credential, in another state, territory, or country; failure to report to the
14.6board that charges regarding the person's nursing license or other credential are pending in
14.7another state, territory, or country; or having been refused a license or other credential by
14.8another state, territory, or country.
14.9(5) Failure to or inability to perform professional or practical nursing as defined in
14.10section148.171, subdivision 14 or 15, with reasonable skill and safety, including failure
14.11of a registered nurse to supervise or a licensed practical nurse to monitor adequately the
14.12performance of acts by any person working at the nurse's direction.
14.13(6) Engaging in unprofessional conduct, including, but not limited to, a departure
14.14from or failure to conform to board rules of professional or practical nursing practice that
14.15interpret the statutory definition of professional or practical nursing as well as provide
14.16criteria for violations of the statutes, or, if no rule exists, to the minimal standards of
14.17acceptable and prevailing professional or practical nursing practice, or any nursing
14.18practice that may create unnecessary danger to a patient's life, health, or safety. Actual
14.19injury to a patient need not be established under this clause.
14.20(7) Failure of an advanced practice registered nurse to practice with reasonable
14.21skill and safety or departure from or failure to conform to standards of acceptable and
14.22prevailing advanced practice registered nursing.
14.23(8) Delegating or accepting the delegation of a nursing function or a prescribed
14.24health care function when the delegation or acceptance could reasonably be expected to
14.25result in unsafe or ineffective patient care.
14.26(9) Actual or potential inability to practice nursing with reasonable skill and safety
14.27to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or
14.28as a result of any mental or physical condition.
14.29(10) Adjudication as mentally incompetent, mentally ill, a chemically dependent
14.30person, or a person dangerous to the public by a court of competent jurisdiction, within or
14.31without this state.
14.32(11) Engaging in any unethical conduct, including, but not limited to, conduct likely
14.33to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard
14.34for the health, welfare, or safety of a patient. Actual injury need not be established under
14.35this clause.
15.1(12) Engaging in conduct with a patient that is sexual or may reasonably be
15.2interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
15.3demeaning to a patient, or engaging in sexual exploitation of a patient or former patient.
15.4(13) Obtaining money, property, or services from a patient, other than reasonable
15.5fees for services provided to the patient, through the use of undue influence, harassment,
15.6duress, deception, or fraud.
15.7(14) Revealing a privileged communication from or relating to a patient except when
15.8otherwise required or permitted by law.
15.9(15) Engaging in abusive or fraudulent billing practices, including violations of
15.10federal Medicare and Medicaid laws or state medical assistance laws.
15.11(16) Improper management of patient records, including failure to maintain adequate
15.12patient records, to comply with a patient's request made pursuant to sections144.291 to
15.13144.298, or to furnish a patient record or report required by law.
15.14(17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to
15.15engage in the unlawful practice of advanced practice, professional,advanced practice
15.16registered, or practical nursing.
15.17(18) Violating a rule adopted by the board, an order of the board, or a state or
15.18federal law relating to the practice of advanced practice, professional,advanced practice
15.19registered, or practical nursing, or a state or federal narcotics or controlled substance law.
15.20(19) Knowingly providing false or misleading information that is directly related
15.21to the care of that patient unless done for an accepted therapeutic purpose such as the
15.22administration of a placebo.
15.23(20) Aiding suicide or aiding attempted suicide in violation of section609.215 as
15.24established by any of the following:
15.25(i) a copy of the record of criminal conviction or plea of guilty for a felony in
15.26violation of section609.215, subdivision 1 or 2;
15.27(ii) a copy of the record of a judgment of contempt of court for violating an
15.28injunction issued under section609.215, subdivision 4 ;
15.29(iii) a copy of the record of a judgment assessing damages under section609.215,
15.30subdivision 5 ; or
15.31(iv) a finding by the board that the person violated section609.215, subdivision
15.321 or 2. The board shall investigate any complaint of a violation of section
609.215,
15.33subdivision 1 or 2.
15.34(21) Practicing outside the scope of practice authorized by section148.171,
15.35subdivision 5 , 10, 11, 13, 14, 15, or 21.
16.1(22) Practicing outside the specific field of nursing practice for which an advanced
16.2practice registered nurse is certified unless the practice is authorized under section
148.284.
16.3(23) (22) Making a false statement or knowingly providing false information to the
16.4board, failing to make reports as required by section148.263 , or failing to cooperate with
16.5an investigation of the board as required by section148.265 .
16.6(24) (23) Engaging in false, fraudulent, deceptive, or misleading advertising.
16.7(25) (24) Failure to inform the board of the person's certification or recertification
16.8 status as a certified registered nurse anesthetist, certified nurse-midwife, certified nurse
16.9practitioner, or certified clinical nurse specialist.
16.10(26) (25) Engaging in clinical nurse specialist practice, nurse-midwife practice,
16.11nurse practitioner practice, or registered nurse anesthetist practice without a license
16.12and current certification or recertification by a national nurse certification organization
16.13acceptable to the board, except during the period between completion of an advanced
16.14practice registered nurse course of study and certification, not to exceed six months or as
16.15authorized by the board.
16.16(27) (26) Engaging in conduct that is prohibited under section
145.412 .
16.17(28) (27) Failing to report employment to the board as required by section
148.211,
16.18subdivision 2a , or knowingly aiding, assisting, advising, or allowing a person to fail to
16.19report as required by section148.211, subdivision 2a .
16.20 Sec. 30. Minnesota Statutes 2012, section 148.262, subdivision 1, is amended to read:
16.21 Subdivision 1. Forms of disciplinary action. When the board finds that grounds for
16.22disciplinary action exist under section148.261, subdivision 1 , it may take one or more
16.23of the following actions:
16.24(1) deny the license, registration, or registration renewal;
16.25(2) revoke the license;
16.26(3) suspend the license;
16.27(4) impose limitations on the nurse's practice of advanced practice, professional,
16.28advanced practice registered, or practical nursing including, but not limited to, limitation
16.29of scope of practice or the requirement of practice under supervision;
16.30(5) impose conditions on the retention of the license including, but not limited to, the
16.31imposition of retraining or rehabilitation requirements or the conditioning of continued
16.32practice on demonstration of knowledge or skills by appropriate examination, monitoring,
16.33or other review;
16.34(6) impose a civil penalty not exceeding $10,000 for each separate violation, the
16.35amount of the civil penalty to be fixed as to deprive the nurse of any economic advantage
17.1gained by reason of the violation charged, to reimburse the board for the cost of counsel,
17.2investigation, and proceeding, and to discourage repeated violations;
17.3(7) order the nurse to provide unremunerated service;
17.4(8) censure or reprimand the nurse; or
17.5(9) any other action justified by the facts in the case.
17.6 Sec. 31. Minnesota Statutes 2012, section 148.262, subdivision 2, is amended to read:
17.7 Subd. 2. Automatic suspension. Unless the board orders otherwise, a license to
17.8practice advanced practice, professional, or practical nursing is automatically suspended if:
17.9(1) a guardian of a nurse is appointed by order of a court under sections524.5-101
17.10to524.5-502 ;
17.11(2) the nurse is committed by order of a court under chapter 253B; or
17.12(3) the nurse is determined to be mentally incompetent, mentally ill, chemically
17.13dependent, or a person dangerous to the public by a court of competent jurisdiction within
17.14or without this state.
17.15The license remains suspended until the nurse is restored to capacity by a court and,
17.16upon petition by the nurse, the suspension is terminated by the board after a hearing or
17.17upon agreement between the board and the nurse.
17.18 Sec. 32. Minnesota Statutes 2012, section 148.262, subdivision 4, is amended to read:
17.19 Subd. 4. Reissuance. The board may reinstate and reissue a license or registration
17.20certificate to practice advanced practice, professional, or practical nursing, but as a
17.21condition may impose any disciplinary or corrective measure that it might originally have
17.22imposed. Any person whose license or registration has been revoked, suspended, or limited
17.23may have the license reinstated and a new registration issued when, in the discretion of the
17.24board, the action is warranted, provided that the person shall be required by the board to
17.25pay the costs of the proceedings resulting in the revocation, suspension, or limitation of the
17.26license or registration certificate and reinstatement of the license or registration certificate,
17.27and to pay the fee for the current registration period. The cost of proceedings shall
17.28include, but not be limited to, the cost paid by the board to the Office of Administrative
17.29Hearings and the Office of the Attorney General for legal and investigative services, the
17.30costs of a court reporter and witnesses, reproduction of records, board staff time, travel,
17.31and expenses, and board members' per diem reimbursements, travel costs, and expenses.
17.32 Sec. 33. Minnesota Statutes 2013 Supplement, section 148.271, is amended to read:
17.33148.271 EXEMPTIONS.
18.1The provisions of sections148.171 to
148.285 shall not prohibit:
18.2(1) The furnishing of nursing assistance in an emergency.
18.3(2) The practice of advanced practice, professional, or practical nursing by any
18.4legally qualified advanced practice, registered, or licensed practical nurse of another state
18.5who is employed by the United States government or any bureau, division, or agency
18.6thereof while in the discharge of official duties.
18.7(3) The practice of any profession or occupation licensed by the state, other than
18.8advanced practice, professional, or practical nursing, by any person duly licensed to
18.9practice the profession or occupation, or the performance by a person of any acts properly
18.10coming within the scope of the profession, occupation, or license.
18.11(4) The provision of a nursing or nursing-related service by an unlicensed assistive
18.12person who has been delegated or assigned the specific function and is supervised by a
18.13registered nurse or monitored by a licensed practical nurse.
18.14(5) The care of the sick with or without compensation when done in a nursing home
18.15covered by the provisions of section144A.09, subdivision 1 .
18.16(6) Professional nursing practice or advanced practice registered nursing practice by
18.17a registered nurse or practical nursing practice by a licensed practical nurse licensed in
18.18another state or territory who is in Minnesota as a student enrolled in a formal, structured
18.19course of study, such as a course leading to a higher degree, certification in a nursing
18.20specialty, or to enhance skills in a clinical field, while the student is practicing in the course.
18.21(7) Professional or practical nursing practice by a student practicing under the
18.22supervision of an instructor while the student is enrolled in a nursing program approved by
18.23the board under section148.251 .
18.24(8) Advanced practice registered nursing as defined in section148.171, subdivisions
18.255, 10, 11, 13, and 21 , by a registered nurse who is licensed and currently registered in
18.26Minnesota or another United States jurisdiction and who is enrolled as a student in a
18.27formal graduate education program leading to eligibility for certification and licensure
18.28as an advanced practice registered nurse; or by a registered nurse licensed and currently
18.29registered in Minnesota who has completed an advanced practice registered nurse course
18.30of study and is awaiting certification, the period not to exceed six months.
18.31 Sec. 34. Minnesota Statutes 2012, section 148.281, subdivision 1, is amended to read:
18.32 Subdivision 1. Violations described. It shall be unlawful for any person,
18.33corporation, firm, or association, to:
18.34(1) sell or fraudulently obtain or furnish any nursing diploma, license or record, or
18.35aid or abet therein;
19.1(2) practice advanced practice, professional, or practical nursing, or practice
19.2as a public health nurse, or practice as a certified clinical nurse specialist, certified
19.3nurse-midwife, certified nurse practitioner, or certified registered nurse anesthetist
19.4 under cover of any diploma, permit, license, registration certificate, advanced practice
19.5credential, or record illegally or fraudulently obtained or signed or issued unlawfully or
19.6under fraudulent representation;
19.7(3) practice advanced practice, professional, or practical nursing unless the person has
19.8been issued a temporary permit under the provisions of section148.212 or is duly licensed
19.9and currently registered to do so under the provisions of sections148.171 to
148.285 ;
19.10(4) use the professional title nurse unless duly licensed to practice advanced practice,
19.11 professional, or practical nursing under the provisions of sections148.171 to
148.285 ,
19.12except as authorized by the board by rule;
19.13(5) use any abbreviation or other designation tending to imply licensure asa an
19.14advanced practice registered nurse, a registered nurse, or a licensed practical nurse unless
19.15duly licensed and currently registered so to practice advanced practice, professional, or
19.16practical nursing under the provisions of sections148.171 to
148.285 except as authorized
19.17by the board by rule;
19.18(6) use any title, abbreviation, or other designation tending to imply certification
19.19as a certified registered nurse as defined in section148.171, subdivision 22 , unless duly
19.20certified by a national nurse certification organization;
19.21(7) use any abbreviation or other designation tending to imply registration as a
19.22public health nurse unless duly registered by the board;
19.23(8) practice advanced practice, professional,advanced practice registered, or
19.24practical nursing in a manner prohibited by the board in any limitation of a license or
19.25registration issued under the provisions of sections148.171 to
148.285 ;
19.26(9) practice advanced practice, professional,advanced practice registered, or
19.27practical nursing during the time a license or current registration issued under the
19.28provisions of sections148.171 to
148.285 shall be suspended or revoked;
19.29(10) conduct a nursing program for the education of persons to become advanced
19.30practice registered nurses, registered nurses, or licensed practical nurses unless the
19.31program has been approved by the board; and
19.32(11) knowingly employ persons in the practice of advanced practice, professional,
19.33 or practical nursing who have not been issued a current permit, license, or registration
19.34certificate to practice as a nurse in this state; and.
19.35(12) knowingly employ a person in advanced practice registered nursing unless the
19.36person meets the standards and practices of sections
148.171 to
148.285.
20.1 Sec. 35. Minnesota Statutes 2012, section 148.281, is amended by adding a subdivision
20.2to read:
20.3 Subd. 3. Penalty; advanced practice registered nurses. In addition to subdivision
20.42, an advanced practice registered nurse who practices advanced practice registered
20.5nursing without a current license and certification or recertification shall pay a penalty fee
20.6of $200 for the first month or part of a month and an additional $100 for each subsequent
20.7month or parts of months of practice. The amount of the penalty fee shall be calculated
20.8from the first day the advanced practice registered nurse practiced without a current
20.9advanced practice registered nurse license and certification to the last day of practice
20.10without a current license and certification, or from the first day the advanced practice
20.11registered nurse practiced without a current license and certification on file with the board
20.12until the day the current license and certification is filed with the board.
20.13 Sec. 36. Minnesota Statutes 2012, section 148.283, is amended to read:
20.14148.283 UNAUTHORIZED PRACTICE OF PROFESSIONAL, ADVANCED
20.15PRACTICE REGISTERED, AND PRACTICAL NURSING.
20.16The practice of advanced practice, professional,advanced practice registered, or
20.17practical nursing by any person who has not been licensed to practice advanced practice,
20.18professional, or practical nursing under the provisions of sections148.171 to
148.285 ,
20.19or whose license has been suspended or revoked, or whose registration or national
20.20credential has expired, is hereby declared to be inimical to the public health and welfare
20.21and to constitute a public nuisance. Upon a complaint being madethereof by the board,
20.22 or any prosecuting officer, and upon a proper showing of the facts, the district court
20.23of the county where such practice occurred may enjoin such acts and practice. Such
20.24injunction proceeding shall be in addition to, and not in lieu of, all other penalties and
20.25remedies provided by law.
20.26 Sec. 37. Minnesota Statutes 2012, section 151.01, subdivision 23, is amended to read:
20.27 Subd. 23. Practitioner. "Practitioner" means a licensed doctor of medicine, licensed
20.28doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
20.29licensed doctor of optometry, licensed podiatrist,or licensed veterinarian, or a licensed
20.30advanced practice registered nurse. For purposes of sections151.15, subdivision 4 ;
20.31151.37, subdivision 2
, paragraphs (b), (e), and (f); and
151.461 , "practitioner" also means
20.32a physician assistant authorized to prescribe, dispense, and administer under chapter 147A,
20.33or an advanced practice nurse authorized to prescribe, dispense, and administer under
20.34section
148.235 . For purposes of sections
151.15, subdivision 4 ;
151.37, subdivision 2 ,
21.1paragraph (b); and151.461 , "practitioner" also means a dental therapist authorized to
21.2dispense and administer under chapter 150A.
21.3 Sec. 38. Minnesota Statutes 2012, section 152.12, is amended to read:
21.4152.12DOCTORS HEALTH CARE PROVIDERS MAY PRESCRIBE.
21.5 Subdivision 1. Prescribing, dispensing, administering controlled substances in
21.6Schedules II through V. A licensed doctor of medicine, a doctor of osteopathy, duly
21.7licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a
21.8licensed doctor of podiatry, a licensed advanced practice registered nurse, or a licensed
21.9doctor of optometry limited to Schedules IV and V, and in the course of professional
21.10practice only, may prescribe, administer, and dispense a controlled substance included
21.11in Schedules II through V of section152.02 , may cause the same to be administered by
21.12a nurse, an intern or an assistant under the direction and supervision of the doctor, and
21.13may cause a person who is an appropriately certified and licensed health care professional
21.14to prescribe and administer the same within the expressed legal scope of the person's
21.15practice as defined in Minnesota Statutes.
21.16 Subd. 2. Doctor of veterinary medicine. A licensed doctor of veterinary medicine,
21.17in good faith, and in the course of professional practice only, and not for use by a human
21.18being, may prescribe, administer, and dispense a controlled substance included in
21.19Schedules II through V of section152.02 , and may cause the same to be administered by
21.20an assistant under the direction and supervision of the doctor.
21.21 Subd. 3. Research project use of controlled substances. Any qualified person
21.22may use controlled substances in the course of a bona fide research project but cannot
21.23administer or dispense such drugs to human beings unless such drugs are prescribed,
21.24dispensed and administered by a person lawfully authorized to do so. Every person
21.25who engages in research involving the use of such substances shall apply annually for
21.26registration by the state Board of Pharmacy and shall pay any applicable fee specified in
21.27section151.065 , provided that such registration shall not be required if the person is
21.28covered by and has complied with federal laws covering such research projects.
21.29 Subd. 4. Sale of controlled substances not prohibited for certain persons and
21.30entities. Nothing in this chapter shall prohibit the sale to, or the possession of, a controlled
21.31substance in Schedule II, III, IV or V by: Registered drug wholesalers, registered
21.32manufacturers, registered pharmacies, or any licensed hospital or other licensed institutions
21.33wherein sick and injured persons are cared for or treated, or bona fide hospitals wherein
21.34animals are treated; or by licensed pharmacists, licensed doctors of medicine, doctors of
21.35osteopathy duly licensed to practice medicine, licensed doctors of dental surgery, licensed
22.1doctors of dental medicine, licensed doctors of podiatry, licensed doctors of optometry
22.2limited to Schedules IV and V, or licensed doctors of veterinary medicine when such
22.3practitioners use controlled substances within the course of their professional practice only.
22.4Nothing in this chapter shall prohibit the possession of a controlled substance in
22.5Schedule II, III, IV or V by an employee or agent of a registered drug wholesaler, registered
22.6manufacturer, or registered pharmacy, while acting in the course of employment; by a
22.7patient of a licensed doctor of medicine, a doctor of osteopathy duly licensed to practice
22.8medicine, a licensed doctor of dental surgery, a licensed doctor of dental medicine, or a
22.9licensed doctor of optometry limited to Schedules IV and V; or by the owner of an animal
22.10for which a controlled substance has been prescribed by a licensed doctor of veterinary
22.11medicine, when such controlled substances are dispensed according to law.
22.12 Subd. 5. Analytical laboratory not prohibited from providing anonymous
22.13analysis service. Nothing in this chapter shall prohibit an analytical laboratory from
22.14conducting an anonymous analysis service when such laboratory is registered by the
22.15Federal Drug Enforcement Administration, nor prohibit the possession of a controlled
22.16substance by an employee or agent of such analytical laboratory while acting in the course
22.17of employment.
22.18 Sec. 39. REPEALER.
22.19Minnesota Statutes 2012, sections 148.171, subdivision 6; 148.235, subdivisions 1,
22.202, 2a, 4, 4a, 4b, 6, and 7; and 148.284, are repealed.
22.21 Sec. 40. EFFECTIVE DATE.
22.22Sections 1 to 39 are effective January 1, 2016.
1.3practice registered nurses; providing penalties;amending Minnesota Statutes
1.42012, sections 148.171, subdivisions 3, 5, 9, 10, 11, 13, 16, 17, 21, by adding
1.5subdivisions; 148.181, subdivision 1; 148.191, subdivision 2; 148.211,
1.6subdivision 2, by adding subdivisions; 148.231, subdivisions 1, 4, 5; 148.233,
1.7subdivision 2; 148.234; 148.235, by adding subdivisions; 148.251, subdivision
1.81; 148.261, subdivision 1; 148.262, subdivisions 1, 2, 4; 148.281, subdivision 1,
1.9by adding a subdivision; 148.283; 151.01, subdivision 23; 152.12; Minnesota
1.10Statutes 2013 Supplement, section 148.271; proposing coding for new law in
1.11Minnesota Statutes, chapter 148; repealing Minnesota Statutes 2012, sections
1.12148.171, subdivision 6; 148.235, subdivisions 1, 2, 2a, 4, 4a, 4b, 6, 7; 148.284.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. Minnesota Statutes 2012, section 148.171, subdivision 3, is amended to read:
1.15 Subd. 3. Advanced practice registered nurse. "Advanced practice registered
1.16nurse," abbreviated APRN, means an individual licensed as
1.17 registered nurse by the board and certified by a national nurse certification organization
1.18acceptable to the board to practice as a clinical nurse specialist, nurse anesthetist,
1.19nurse-midwife, or nurse practitioner. The national nursing certification organization must:
1.20(1) be endorsed by a national professional nursing organization that describes
1.21scope and standards statements specific to the practice as a clinical nurse specialist,
1.22nurse-midwife, nurse practitioner, or registered nurse anesthetist for the population focus
1.23for which the individual will be certified;
1.24(2) be independent from the national professional nursing organization in
1.25decision-making for all matters pertaining to certification or recertification;
2.1(3) administer a professional nursing certification program that is psychometrically
2.2sound and legally defensible, and meets nationally recognized accreditation standards
2.3for certification programs; and
2.4(4) require periodic recertification or be affiliated with an organization that provides
2.5recertification.
2.6 Sec. 2. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
2.7to read:
2.8 Subd. 4a. Certification. "Certification" means the formal recognition of knowledge,
2.9skills, and experience demonstrated by the achievement of standards identified by the
2.10National Professional Nursing Organization acceptable to the Minnesota Board of Nursing.
2.11 Sec. 3. Minnesota Statutes 2012, section 148.171, subdivision 5, is amended to read:
2.12 Subd. 5. Clinical nurse specialist practice. "Clinical nurse specialist practice"
2.13means
2.14
2.15
2.16
2.17
2.18
2.19(1) the diagnosis and treatment of health and illness states;
2.20(2) disease management;
2.21(3) prescribing pharmacologic and nonpharmacologic therapies;
2.22(4) ordering, performing, supervising, and interpreting diagnostic studies;
2.23(5) prevention of illness and risk behaviors;
2.24(6) nursing care for individuals, families, and communities;
2.25(7) consulting with, collaborating with, or referring to other health care providers as
2.26warranted by the needs of the patient; and
2.27(8) integration of care across the continuum to improve patient outcomes.
2.28 Sec. 4. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
2.29to read:
2.30 Subd. 6a. Collaboration. "Collaboration" means the process in which two or more
2.31health care professionals work together to meet the health care needs of a patient, as
2.32warranted by the patient.
3.1 Sec. 5. Minnesota Statutes 2012, section 148.171, subdivision 9, is amended to read:
3.2 Subd. 9. Nurse. "Nurse" means advanced practice registered nurse, registered
3.3nurse,
3.4clearly refers to only one category.
3.5 Sec. 6. Minnesota Statutes 2012, section 148.171, subdivision 10, is amended to read:
3.6 Subd. 10. Nurse-midwife practice. "Nurse-midwife practice" means
3.7
3.8
3.9
3.10
3.11
3.12(1) the management, diagnosis, and treatment of women's primary health care
3.13including pregnancy, childbirth, postpartum period, care of the newborn, family planning,
3.14partner care management relating to sexual health, and gynecological care of women
3.15across the life span;
3.16(2) ordering, performing, supervising, and interpreting diagnostic studies;
3.17(3) prescribing pharmacologic and nonpharmacologic therapies; and
3.18(4) consulting with, collaborating with, or referring to other health care providers
3.19as warranted by the needs of the patient.
3.20 Sec. 7. Minnesota Statutes 2012, section 148.171, subdivision 11, is amended to read:
3.21 Subd. 11. Nurse practitioner practice. "Nurse practitioner practice" means
3.22
3.23
3.24
3.25
3.26provision of care including:
3.27(1) health promotion, disease prevention, health education, and counseling;
3.28(2) providing health assessment and screening activities;
3.29(3) diagnosing, treating, and facilitating patients' management of their acute and
3.30chronic illnesses and diseases;
3.31(4) ordering, performing, supervising, and interpreting diagnostic studies;
3.32(5) prescribing pharmacologic and nonpharmacologic therapies; and
3.33(6) consulting with, collaborating with, or referring to other health care providers
3.34as warranted by the needs of the patient.
4.1 Sec. 8. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
4.2to read:
4.3 Subd. 12a. Population focus. "Population focus" means the categories of patients
4.4for which the advanced practice registered nurse has the educational preparation to
4.5provide care and services. The categories of population foci are:
4.6(1) family and individual across the life span;
4.7(2) adult gerontology;
4.8(3) neonatal;
4.9(4) pediatrics;
4.10(5) women's and gender-related health; and
4.11(6) psychiatric and mental health.
4.12 Sec. 9. Minnesota Statutes 2012, section 148.171, subdivision 13, is amended to read:
4.13 Subd. 13. Practice of advanced practice registered nursing. (a) The "practice
4.14of advanced practice registered nursing" means the performance of
4.15
4.16
4.17of nursing in at least one of the recognized advanced practice registered nurse roles
4.18for at least one population focus. The scope and practice standards of an advanced
4.19practice registered nurse are defined by the national professional nursing organizations
4.20specific to the practice as a clinical nurse specialist, nurse-midwife, nurse practitioner,
4.21or registered nurse anesthetist in the population focus. The scope of advanced practice
4.22registered nursing includes, but is not limited to, performing acts of advanced assessment,
4.23diagnosing, prescribing, and ordering. The practice includes functioning as a primary care
4.24provider, direct care provider, case manager, consultant, educator, and researcher.
4.25
4.26
4.27
4.28
4.29
4.30
4.31
4.32 (b) The practice of advanced practice registered nursing requires the advanced
4.33practice registered nurse to be accountable: (1) to patients for the quality of advanced
4.34nursing care rendered; (2) for recognizing limits of knowledge and experience; and (3)
4.35for planning for the management of situations beyond the advanced practice registered
5.1nurse's expertise. The practice of advanced practice registered nursing includes accepting
5.2referrals from, consulting with, collaborating with, or referring to other health care
5.3providers as warranted by the needs of the patient.
5.4 Sec. 10. Minnesota Statutes 2012, section 148.171, subdivision 16, is amended to read:
5.5 Subd. 16. Prescribing. "Prescribing" means the act of generating a prescription for
5.6the preparation of, use of, or manner of using a drug or therapeutic device in accordance
5.7with the provisions of section
5.8use of a drug or therapeutic device which is not required by the federal Food and Drug
5.9Administration to meet the labeling requirements for prescription drugs and devices.
5.10Prescribing also does not include recommending or administering a drug or therapeutic
5.11device
5.12nurse anesthetist.
5.13 Sec. 11. Minnesota Statutes 2012, section 148.171, subdivision 17, is amended to read:
5.14 Subd. 17. Prescription. "Prescription" means a written direction or an oral direction
5.15reduced to writing provided to or for an individual patient for the preparation or use of a
5.16drug or therapeutic device. In the case of a prescription for a drug, the requirements of
5.17section 151.01, subdivisions 16, 16a, and 16b, shall apply.
5.18 Sec. 12. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
5.19to read:
5.20 Subd. 17a. Primary care provider. "Primary care provider" means a licensed health
5.21care provider who acts as the first point of care for comprehensive health maintenance and
5.22promotion, preventive care, and undiagnosed health concerns and who provides continuing
5.23care of varied health conditions not limited by cause, organ systems, or diagnosis.
5.24 Sec. 13. Minnesota Statutes 2012, section 148.171, subdivision 21, is amended to read:
5.25 Subd. 21. Registered nurse anesthetist practice. (a) "Registered nurse anesthetist
5.26practice" means the provision of anesthesia care and related services
5.27
5.28(1) selecting, obtaining, and administering drugs and therapeutic devices to facilitate
5.29diagnostic, therapeutic, and surgical procedures
5.30
5.31(2) ordering, performing, supervising, and interpreting diagnostic studies;
5.32(3) prescribing pharmacologic and nonpharmacologic therapies;
6.1(4) providing anesthesia and analgesia for acute and chronic pain symptoms through
6.2noninvasive and interventional therapies, including the use of image-guided technology as
6.3needed for a selected therapy; and
6.4(5) consulting with, collaborating with, or referring to other health care providers
6.5as warranted by the needs of the patient.
6.6(b) Nurse anesthesia practice does not include:
6.7(1) surgical implantation of intrathecal infusion pumps or spinal cord stimulators;
6.8(2) surgical implantation of cements or plastics near or around the spinal column;
6.9(3) nontraumatic laser disectomy;
6.10(4) nontraumatic endoscopic disectomy;
6.11(5) percutaneous vertebroplasties;
6.12(6) percutaneous vertebral augmentation procedures; and
6.13(7) percutaneous kyphoplasties.
6.14 Sec. 14. Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
6.15to read:
6.16 Subd. 23. Roles of advanced practice registered nurses. "Role" means one of four
6.17recognized advanced practice registered nurse roles: certified registered nurse anesthetist
6.18(CRNA); certified nurse-midwife (CNM); certified clinical nurse specialist (CNS); or
6.19certified nurse practitioner (CNP).
6.20 Sec. 15. Minnesota Statutes 2012, section 148.181, subdivision 1, is amended to read:
6.21 Subdivision 1. Membership. The Board of Nursing consists of 16 members
6.22appointed by the governor, each of whom must be a resident of this state. Eight members
6.23must be registered nurses, each of whom must have graduated from an approved school of
6.24nursing, must be licensed and currently registered as a registered nurse in this state, and
6.25must have had at least five years experience in nursing practice, nursing administration, or
6.26nursing education immediately preceding appointment. One of the eight must have had
6.27at least two years executive or teaching experience in a baccalaureate degree nursing
6.28program approved by the board under section
6.29preceding appointment, one of the eight must have had at least two years executive or
6.30teaching experience in an associate degree nursing program approved by the board under
6.31section
6.32must be practicing professional nursing in a nursing home at the time of appointment,
6.33one of the eight must have had at least two years executive or teaching experience in a
6.34practical nursing program approved by the board under section
7.1years immediately preceding appointment, and one of the eight must be licensed and have
7.2national certification or recertification as a registered nurse anesthetist, nurse practitioner,
7.3nurse midwife, or clinical nurse specialist. Four of the eight must have had at least five
7.4years of experience in nursing practice or nursing administration immediately preceding
7.5appointment. Four members must be licensed practical nurses, each of whom must have
7.6graduated from an approved school of nursing, must be licensed and currently registered
7.7as a licensed practical nurse in this state, and must have had at least five years experience
7.8in nursing practice immediately preceding appointment. The remaining four members
7.9must be public members as defined by section
7.10A member may be reappointed but may not serve more than two full terms
7.11consecutively. The governor shall attempt to make appointments to the board that reflect
7.12the geography of the state. The board members who are nurses should as a whole reflect
7.13the broad mix of practice types and sites of nurses practicing in Minnesota.
7.14Membership terms, compensation of members, removal of members, the filling of
7.15membership vacancies, and fiscal year and reporting requirements are as provided in
7.16sections
7.17ceases to be actively engaged in the practice of nursing or otherwise becomes disqualified
7.18for board membership is automatically removed, and the governor shall fill the vacancy.
7.19The provision of staff, administrative services, and office space; the review and processing
7.20of complaints; the setting of board fees; and other provisions relating to board operations
7.21are as provided in sections
7.22board shall file with the secretary of state the constitutional oath of office before beginning
7.23the term of office.
7.24 Sec. 16. Minnesota Statutes 2012, section 148.191, subdivision 2, is amended to read:
7.25 Subd. 2. Powers. (a) The board is authorized to adopt and, from time to time, revise
7.26rules not inconsistent with the law, as may be necessary to enable it to carry into effect the
7.27provisions of sections
7.28standards for schools and courses preparing persons for licensure under sections
7.29to
7.30times as it may deem necessary. It shall approve such schools and courses as meet the
7.31requirements of sections
7.32and renew the license of duly qualified applicants. It shall hold examinations at least once
7.33in each year at such time and place as it may determine. It shall by rule adopt, evaluate,
7.34and periodically revise, as necessary, requirements for licensure and for registration and
7.35renewal of registration as defined in section
8.1persons licensed by the board to practice advanced practice, professional, or practical
8.2nursing
8.3
8.4violating sections
8.5therefor. It shall register public health nurses who meet educational and other requirements
8.6established by the board by rule, including payment of a fee. It shall have power to issue
8.7subpoenas, and to compel the attendance of witnesses and the production of all necessary
8.8documents and other evidentiary material. Any board member may administer oaths to
8.9witnesses, or take their affirmation. It shall keep a record of all its proceedings.
8.10(b) The board shall have access to hospital, nursing home, and other medical records
8.11of a patient cared for by a nurse under review. If the board does not have a written consent
8.12from a patient permitting access to the patient's records, the nurse or facility shall delete
8.13any data in the record that identifies the patient before providing it to the board. The board
8.14shall have access to such other records as reasonably requested by the board to assist the
8.15board in its investigation. Nothing herein may be construed to allow access to any records
8.16protected by section
8.17this paragraph as investigative data under chapter 13.
8.18(c) The board may accept and expend grants or gifts of money or in-kind services
8.19from a person, a public or private entity, or any other source for purposes consistent with
8.20the board's role and within the scope of its statutory authority.
8.21(d) The board may accept registration fees for meetings and conferences conducted
8.22for the purposes of board activities that are within the scope of its authority.
8.23 Sec. 17. Minnesota Statutes 2012, section 148.211, is amended by adding a subdivision
8.24to read:
8.25 Subd. 1a. Advanced practice registered nurse licensure. (a) Effective January 1,
8.262016, no advanced practice nurse shall practice as an advanced practice registered nurse
8.27unless the advanced practice nurse is licensed by the board under this section.
8.28(b) An applicant for a license to practice as an advanced practice registered nurse
8.29(APRN) shall apply to the board in a format prescribed by the board and pay a fee in an
8.30amount determined under section 148.243.
8.31(c) To be eligible for licensure an applicant:
8.32(1) must hold a current Minnesota professional nursing license or demonstrate
8.33eligibility for licensure as a registered nurse in this state;
8.34(2) must not hold an encumbered license as a registered nurse in any state or territory;
9.1(3) must have completed a graduate level APRN program accredited by a nursing
9.2or nursing-related accrediting body that is recognized by the United States Secretary of
9.3Education or the Council for Higher Education Accreditation as acceptable to the board.
9.4The education must be in one of the four APRN roles for at least one population focus;
9.5(4) must be currently certified by a national certifying body recognized by the board
9.6in the APRN role and population foci appropriate to educational preparation;
9.7(5) must report any criminal conviction, nolo contendere plea, Alford Plea, or other
9.8plea arrangement in lieu of conviction; and
9.9(6) must not have committed any acts or omissions which are grounds for
9.10disciplinary action in another jurisdiction or, if these acts have been committed and would
9.11be grounds for disciplinary action as set forth in section 148.261, the board has found,
9.12after investigation, that sufficient restitution has been made.
9.13 Sec. 18. Minnesota Statutes 2012, section 148.211, is amended by adding a subdivision
9.14to read:
9.15 Subd. 1b. Advanced practice registered nurse grandfather provision. (a) The
9.16board shall issue a license to an applicant who does not meet the education requirements
9.17in subdivision 1a, paragraph (c), clause (3), if the applicant:
9.18(1) is recognized by the board to practice as an advanced practice registered nurse in
9.19this state on July 1, 2015;
9.20(2) submits an application to the board in a format prescribed by the board and the
9.21applicable fee as determined under section 148.243 by January 1, 2016; and
9.22(3) meets the requirements under subdivision 1a, paragraph (c), clauses (1), (2),
9.23(4), (5), and (6).
9.24(b) An advanced practice registered nurse licensed under this subdivision shall
9.25maintain all practice privileges provided to licensed advanced practice registered nurses
9.26under this chapter.
9.27 Sec. 19. Minnesota Statutes 2012, section 148.211, subdivision 2, is amended to read:
9.28 Subd. 2. Licensure by endorsement. (a) The board shall issue a license to practice
9.29professional nursing or practical nursing without examination to an applicant who has
9.30been duly licensed or registered as a nurse under the laws of another state, territory, or
9.31country, if in the opinion of the board the applicant has the qualifications equivalent
9.32to the qualifications required in this state as stated in subdivision 1, all other laws not
9.33inconsistent with this section, and rules promulgated by the board.
10.1(b) Effective January 1, 2016, an applicant for advanced practice registered nurse
10.2licensure by endorsement is eligible for licensure if the applicant meets the requirements
10.3in paragraph (a) and demonstrates:
10.4(1) current national certification or recertification in the advanced role and
10.5population focus area; and
10.6(2) compliance with the advanced practice nursing educational requirements that
10.7were in effect in Minnesota at the time the advanced practice registered nurse completed
10.8the advanced practice nursing education program.
10.9 Sec. 20. Minnesota Statutes 2012, section 148.231, subdivision 1, is amended to read:
10.10 Subdivision 1. Registration. (a) Every person licensed to practice advanced
10.11practice, professional, or practical nursing must maintain with the board a current
10.12registration for practice as
10.13licensed practical nurse which must be renewed at regular intervals established by the
10.14board by rule. No registration shall be issued by the board to a nurse until the nurse
10.15has submitted satisfactory evidence of compliance with the procedures and minimum
10.16requirements established by the board.
10.17
10.18
10.19under section 148.243, the board shall verify the application and the evidence of
10.20completion of continuing education requirements in effect, and
10.21nurse registration for the next renewal period.
10.22 (c) An applicant for advanced practice registered nursing (APRN) renewal must
10.23provide evidence of current certification or recertification in the appropriate APRN role
10.24in at least one population focus by a nationally accredited certifying body recognized
10.25by the board.
10.26 Sec. 21. Minnesota Statutes 2012, section 148.231, subdivision 4, is amended to read:
10.27 Subd. 4. Failure to register. Any person licensed under the provisions of sections
10.29to practice nursing in this state as an advanced practice registered nurse, a registered
10.30nurse, or a licensed practical nurse.
10.31 Sec. 22. Minnesota Statutes 2012, section 148.231, subdivision 5, is amended to read:
10.32 Subd. 5. Reregistration. A person whose registration has lapsed desiring to
10.33resume practice shall make application for reregistration, submit satisfactory evidence
11.1of compliance with the procedures and requirements established by the board, and pay
11.2the reregistration fee for the current period to the board. A penalty fee shall be required
11.3from a person who practiced nursing without current registration. Thereupon, registration
11.4shall be issued to the person who shall immediately be placed on the practicing list as an
11.5advanced practice registered nurse, a registered nurse, or a licensed practical nurse.
11.6 Sec. 23. Minnesota Statutes 2012, section 148.233, subdivision 2, is amended to read:
11.7 Subd. 2. Advanced practice registered nurse.
11.8
11.9
11.10
11.11
11.12
11.13advanced practice registered nursing in this state may use the title advanced practice
11.14registered nurse with the role designation of certified registered nurse anesthetist, certified
11.15nurse-midwife, certified clinical nurse specialist, or certified nurse practitioner.
11.16(b) An advanced practice registered nurse shall use the appropriate designation:
11.17APRN, CNS; APRN, CNM; APRN, CNP; or APRN, CRNA for personal identification
11.18and in documentation of services provided. Identification of educational degrees and
11.19specialty fields may be added.
11.20(c) When providing nursing care, an advanced practice registered nurse shall provide
11.21clear identification of the appropriate advanced practice registered nurse designation.
11.22 Sec. 24. Minnesota Statutes 2012, section 148.234, is amended to read:
11.23148.234 STATE BOUNDARIES CONSIDERATION.
11.24A nurse may perform
11.25of a physician, a podiatrist,
11.26in another state, United States territory, or Canadian province if the physician, podiatrist,
11.27
11.28patient and issued the direction in that state, United States territory, or Canadian province.
11.29Nothing in this section allows a nurse to perform a
11.30procedure or technique at the direction of a physician, a podiatrist,
11.31advanced practice registered nurse that is illegal in this state.
11.32 Sec. 25. Minnesota Statutes 2012, section 148.235, is amended by adding a subdivision
11.33to read:
12.1 Subd. 7a. Diagnosis, prescribing, and ordering. Advanced practice registered
12.2nurses are authorized to:
12.3(1) diagnose, prescribe, and institute therapy or referrals of patients to health care
12.4agencies and providers;
12.5(2) prescribe, procure, sign for, record, administer, and dispense over-the-counter,
12.6legend, and controlled substances, including sample drugs; and
12.7(3) plan and initiate a therapeutic regimen that includes ordering and prescribing
12.8durable medical devices and equipment, nutrition, diagnostic, and supportive services
12.9including, but not limited to, home health care, hospice, physical, and occupational therapy.
12.10 Sec. 26. Minnesota Statutes 2012, section 148.235, is amended by adding a subdivision
12.11to read:
12.12 Subd. 7b. Drug Enforcement Administration requirements. (a) Advanced
12.13practice registered nurses must:
12.14(1) comply with federal Drug Enforcement Administration (DEA) requirements
12.15related to controlled substances; and
12.16(2) file any and all of the nurse's DEA registrations and numbers with the board.
12.17(b) The board shall maintain current records of all advanced practice registered
12.18nurses with DEA registration and numbers.
12.19 Sec. 27. [148.237] PAIN INTERVENTION THERAPIES.
12.20(a) The implementation of nonsurgical pain intervention therapies may only be
12.21provided upon referral by a physician, dentist, podiatrist, physician assistant, chiropractor,
12.22or advanced practice registered nurse to a licensed registered nurse anesthetist who has
12.23exhibited the requisite knowledge and competency by submitting to the board the following:
12.24(1) documented completion of a postgraduate study program in advanced pain
12.25management therapies and image-guided technology that is acceptable to the board; or
12.26(2) an advanced pain management specialty certification by a nationally or regionally
12.27accredited organization that is acceptable to the board.
12.28(b) A registered nurse anesthetist who does not meet the education and certification
12.29requirements specified in this section by January 1, 2016, but who has been providing
12.30advanced pain management therapies prior to December 31, 2015, may continue to provide
12.31these therapies if the registered nurse anesthetist provides the board with documentation
12.32of practice in these therapies within the two-year period prior to December 31, 2015.
12.33 Sec. 28. Minnesota Statutes 2012, section 148.251, subdivision 1, is amended to read:
13.1 Subdivision 1. Initial approval. An institution desiring to conduct a nursing
13.2program shall apply to the board and submit evidence that:
13.3(1) It is prepared to provide a program of theory and practice in advanced practice,
13.4 professional, or practical nursing that meets the program approval standards adopted by
13.5the board. Instruction and required experience may be obtained in one or more institutions
13.6or agencies outside the applying institution as long as the nursing program retains
13.7accountability for all clinical and nonclinical teaching.
13.8(2) It is prepared to meet other standards established by law and by the board.
13.9 Sec. 29. Minnesota Statutes 2012, section 148.261, subdivision 1, is amended to read:
13.10 Subdivision 1. Grounds listed. The board may deny, revoke, suspend, limit,
13.11or condition the license and registration of any person to practice advanced practice,
13.12 professional,
13.14The following are grounds for disciplinary action:
13.15(1) Failure to demonstrate the qualifications or satisfy the requirements for a license
13.16contained in sections
13.17applying for a license, the burden of proof is upon the applicant to demonstrate the
13.18qualifications or satisfaction of the requirements.
13.19(2) Employing fraud or deceit in procuring or attempting to procure a permit,
13.20license, or registration certificate to practice advanced practice, professional, or practical
13.21nursing or attempting to subvert the licensing examination process. Conduct that subverts
13.22or attempts to subvert the licensing examination process includes, but is not limited to:
13.23(i) conduct that violates the security of the examination materials, such as removing
13.24examination materials from the examination room or having unauthorized possession of
13.25any portion of a future, current, or previously administered licensing examination;
13.26(ii) conduct that violates the standard of test administration, such as communicating
13.27with another examinee during administration of the examination, copying another
13.28examinee's answers, permitting another examinee to copy one's answers, or possessing
13.29unauthorized materials; or
13.30(iii) impersonating an examinee or permitting an impersonator to take the
13.31examination on one's own behalf.
13.32(3) Conviction of a felony or gross misdemeanor reasonably related to the practice
13.33of professional, advanced practice registered, or practical nursing. Conviction as used in
13.34this subdivision includes a conviction of an offense that if committed in this state would
13.35be considered a felony or gross misdemeanor without regard to its designation elsewhere,
14.1or a criminal proceeding where a finding or verdict of guilt is made or returned but the
14.2adjudication of guilt is either withheld or not entered.
14.3(4) Revocation, suspension, limitation, conditioning, or other disciplinary action
14.4against the person's professional or practical nursing license or advanced practice
14.5registered nursing credential, in another state, territory, or country; failure to report to the
14.6board that charges regarding the person's nursing license or other credential are pending in
14.7another state, territory, or country; or having been refused a license or other credential by
14.8another state, territory, or country.
14.9(5) Failure to or inability to perform professional or practical nursing as defined in
14.10section
14.11of a registered nurse to supervise or a licensed practical nurse to monitor adequately the
14.12performance of acts by any person working at the nurse's direction.
14.13(6) Engaging in unprofessional conduct, including, but not limited to, a departure
14.14from or failure to conform to board rules of professional or practical nursing practice that
14.15interpret the statutory definition of professional or practical nursing as well as provide
14.16criteria for violations of the statutes, or, if no rule exists, to the minimal standards of
14.17acceptable and prevailing professional or practical nursing practice, or any nursing
14.18practice that may create unnecessary danger to a patient's life, health, or safety. Actual
14.19injury to a patient need not be established under this clause.
14.20(7) Failure of an advanced practice registered nurse to practice with reasonable
14.21skill and safety or departure from or failure to conform to standards of acceptable and
14.22prevailing advanced practice registered nursing.
14.23(8) Delegating or accepting the delegation of a nursing function or a prescribed
14.24health care function when the delegation or acceptance could reasonably be expected to
14.25result in unsafe or ineffective patient care.
14.26(9) Actual or potential inability to practice nursing with reasonable skill and safety
14.27to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or
14.28as a result of any mental or physical condition.
14.29(10) Adjudication as mentally incompetent, mentally ill, a chemically dependent
14.30person, or a person dangerous to the public by a court of competent jurisdiction, within or
14.31without this state.
14.32(11) Engaging in any unethical conduct, including, but not limited to, conduct likely
14.33to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard
14.34for the health, welfare, or safety of a patient. Actual injury need not be established under
14.35this clause.
15.1(12) Engaging in conduct with a patient that is sexual or may reasonably be
15.2interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
15.3demeaning to a patient, or engaging in sexual exploitation of a patient or former patient.
15.4(13) Obtaining money, property, or services from a patient, other than reasonable
15.5fees for services provided to the patient, through the use of undue influence, harassment,
15.6duress, deception, or fraud.
15.7(14) Revealing a privileged communication from or relating to a patient except when
15.8otherwise required or permitted by law.
15.9(15) Engaging in abusive or fraudulent billing practices, including violations of
15.10federal Medicare and Medicaid laws or state medical assistance laws.
15.11(16) Improper management of patient records, including failure to maintain adequate
15.12patient records, to comply with a patient's request made pursuant to sections
15.13144.298, or to furnish a patient record or report required by law.
15.14(17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to
15.15engage in the unlawful practice of advanced practice, professional,
15.16
15.17(18) Violating a rule adopted by the board, an order of the board, or a state or
15.18federal law relating to the practice of advanced practice, professional,
15.19
15.20(19) Knowingly providing false or misleading information that is directly related
15.21to the care of that patient unless done for an accepted therapeutic purpose such as the
15.22administration of a placebo.
15.23(20) Aiding suicide or aiding attempted suicide in violation of section
15.24established by any of the following:
15.25(i) a copy of the record of criminal conviction or plea of guilty for a felony in
15.26violation of section
15.27(ii) a copy of the record of a judgment of contempt of court for violating an
15.28injunction issued under section
15.29(iii) a copy of the record of a judgment assessing damages under section
15.30subdivision 5
15.31(iv) a finding by the board that the person violated section
15.321
15.33subdivision 1
15.34(21) Practicing outside the scope of practice authorized by section
15.35subdivision 5
16.1
16.2
16.3
16.4board, failing to make reports as required by section
16.5an investigation of the board as required by section
16.6
16.7
16.8 status as a certified registered nurse anesthetist, certified nurse-midwife, certified nurse
16.9practitioner, or certified clinical nurse specialist.
16.10
16.11nurse practitioner practice, or registered nurse anesthetist practice without a license
16.12and current certification or recertification by a national nurse certification organization
16.13acceptable to the board
16.14
16.15
16.16
16.17
16.18subdivision 2a
16.19report as required by section
16.20 Sec. 30. Minnesota Statutes 2012, section 148.262, subdivision 1, is amended to read:
16.21 Subdivision 1. Forms of disciplinary action. When the board finds that grounds for
16.22disciplinary action exist under section
16.23of the following actions:
16.24(1) deny the license, registration, or registration renewal;
16.25(2) revoke the license;
16.26(3) suspend the license;
16.27(4) impose limitations on the nurse's practice of advanced practice, professional,
16.28
16.29of scope of practice or the requirement of practice under supervision;
16.30(5) impose conditions on the retention of the license including, but not limited to, the
16.31imposition of retraining or rehabilitation requirements or the conditioning of continued
16.32practice on demonstration of knowledge or skills by appropriate examination, monitoring,
16.33or other review;
16.34(6) impose a civil penalty not exceeding $10,000 for each separate violation, the
16.35amount of the civil penalty to be fixed as to deprive the nurse of any economic advantage
17.1gained by reason of the violation charged, to reimburse the board for the cost of counsel,
17.2investigation, and proceeding, and to discourage repeated violations;
17.3(7) order the nurse to provide unremunerated service;
17.4(8) censure or reprimand the nurse; or
17.5(9) any other action justified by the facts in the case.
17.6 Sec. 31. Minnesota Statutes 2012, section 148.262, subdivision 2, is amended to read:
17.7 Subd. 2. Automatic suspension. Unless the board orders otherwise, a license to
17.8practice advanced practice, professional, or practical nursing is automatically suspended if:
17.9(1) a guardian of a nurse is appointed by order of a court under sections
17.10to
17.11(2) the nurse is committed by order of a court under chapter 253B; or
17.12(3) the nurse is determined to be mentally incompetent, mentally ill, chemically
17.13dependent, or a person dangerous to the public by a court of competent jurisdiction within
17.14or without this state.
17.15The license remains suspended until the nurse is restored to capacity by a court and,
17.16upon petition by the nurse, the suspension is terminated by the board after a hearing or
17.17upon agreement between the board and the nurse.
17.18 Sec. 32. Minnesota Statutes 2012, section 148.262, subdivision 4, is amended to read:
17.19 Subd. 4. Reissuance. The board may reinstate and reissue a license or registration
17.20certificate to practice advanced practice, professional, or practical nursing, but as a
17.21condition may impose any disciplinary or corrective measure that it might originally have
17.22imposed. Any person whose license or registration has been revoked, suspended, or limited
17.23may have the license reinstated and a new registration issued when, in the discretion of the
17.24board, the action is warranted, provided that the person shall be required by the board to
17.25pay the costs of the proceedings resulting in the revocation, suspension, or limitation of the
17.26license or registration certificate and reinstatement of the license or registration certificate,
17.27and to pay the fee for the current registration period. The cost of proceedings shall
17.28include, but not be limited to, the cost paid by the board to the Office of Administrative
17.29Hearings and the Office of the Attorney General for legal and investigative services, the
17.30costs of a court reporter and witnesses, reproduction of records, board staff time, travel,
17.31and expenses, and board members' per diem reimbursements, travel costs, and expenses.
17.32 Sec. 33. Minnesota Statutes 2013 Supplement, section 148.271, is amended to read:
17.33148.271 EXEMPTIONS.
18.1The provisions of sections
18.2(1) The furnishing of nursing assistance in an emergency.
18.3(2) The practice of advanced practice, professional, or practical nursing by any
18.4legally qualified advanced practice, registered, or licensed practical nurse of another state
18.5who is employed by the United States government or any bureau, division, or agency
18.6thereof while in the discharge of official duties.
18.7(3) The practice of any profession or occupation licensed by the state, other than
18.8advanced practice, professional, or practical nursing, by any person duly licensed to
18.9practice the profession or occupation, or the performance by a person of any acts properly
18.10coming within the scope of the profession, occupation, or license.
18.11(4) The provision of a nursing or nursing-related service by an unlicensed assistive
18.12person who has been delegated or assigned the specific function and is supervised by a
18.13registered nurse or monitored by a licensed practical nurse.
18.14(5) The care of the sick with or without compensation when done in a nursing home
18.15covered by the provisions of section
18.16(6) Professional nursing practice or advanced practice registered nursing practice by
18.17a registered nurse or practical nursing practice by a licensed practical nurse licensed in
18.18another state or territory who is in Minnesota as a student enrolled in a formal, structured
18.19course of study, such as a course leading to a higher degree, certification in a nursing
18.20specialty, or to enhance skills in a clinical field, while the student is practicing in the course.
18.21(7) Professional or practical nursing practice by a student practicing under the
18.22supervision of an instructor while the student is enrolled in a nursing program approved by
18.23the board under section
18.24(8) Advanced practice registered nursing as defined in section
18.255, 10, 11, 13, and 21
18.26Minnesota or another United States jurisdiction and who is enrolled as a student in a
18.27formal graduate education program leading to eligibility for certification and licensure
18.28as an advanced practice registered nurse
18.29
18.30
18.31 Sec. 34. Minnesota Statutes 2012, section 148.281, subdivision 1, is amended to read:
18.32 Subdivision 1. Violations described. It shall be unlawful for any person,
18.33corporation, firm, or association, to:
18.34(1) sell or fraudulently obtain or furnish any nursing diploma, license or record, or
18.35aid or abet therein;
19.1(2) practice advanced practice, professional, or practical nursing
19.2as a public health nurse
19.3
19.4 under cover of any diploma, permit, license, registration certificate, advanced practice
19.5credential, or record illegally or fraudulently obtained or signed or issued unlawfully or
19.6under fraudulent representation;
19.7(3) practice advanced practice, professional, or practical nursing unless the person has
19.8been issued a temporary permit under the provisions of section
19.9and currently registered to do so under the provisions of sections
19.10(4) use the professional title nurse unless duly licensed to practice advanced practice,
19.11 professional, or practical nursing under the provisions of sections
19.12except as authorized by the board by rule;
19.13(5) use any abbreviation or other designation tending to imply licensure as
19.14advanced practice registered nurse, a registered nurse, or a licensed practical nurse unless
19.15duly licensed and currently registered so to practice advanced practice, professional, or
19.16practical nursing under the provisions of sections
19.17by the board by rule;
19.18(6) use any title, abbreviation, or other designation tending to imply certification
19.19as a certified registered nurse as defined in section
19.20certified by a national nurse certification organization;
19.21(7) use any abbreviation or other designation tending to imply registration as a
19.22public health nurse unless duly registered by the board;
19.23(8) practice advanced practice, professional,
19.24practical nursing in a manner prohibited by the board in any limitation of a license or
19.25registration issued under the provisions of sections
19.26(9) practice advanced practice, professional,
19.27practical nursing during the time a license or current registration issued under the
19.28provisions of sections
19.29(10) conduct a nursing program for the education of persons to become advanced
19.30practice registered nurses, registered nurses, or licensed practical nurses unless the
19.31program has been approved by the board; and
19.32(11) knowingly employ persons in the practice of advanced practice, professional,
19.33 or practical nursing who have not been issued a current permit, license, or registration
19.34certificate to practice as a nurse in this state
19.35
19.36
20.1 Sec. 35. Minnesota Statutes 2012, section 148.281, is amended by adding a subdivision
20.2to read:
20.3 Subd. 3. Penalty; advanced practice registered nurses. In addition to subdivision
20.42, an advanced practice registered nurse who practices advanced practice registered
20.5nursing without a current license and certification or recertification shall pay a penalty fee
20.6of $200 for the first month or part of a month and an additional $100 for each subsequent
20.7month or parts of months of practice. The amount of the penalty fee shall be calculated
20.8from the first day the advanced practice registered nurse practiced without a current
20.9advanced practice registered nurse license and certification to the last day of practice
20.10without a current license and certification, or from the first day the advanced practice
20.11registered nurse practiced without a current license and certification on file with the board
20.12until the day the current license and certification is filed with the board.
20.13 Sec. 36. Minnesota Statutes 2012, section 148.283, is amended to read:
20.14148.283 UNAUTHORIZED PRACTICE OF PROFESSIONAL, ADVANCED
20.15PRACTICE REGISTERED, AND PRACTICAL NURSING.
20.16The practice of advanced practice, professional,
20.17practical nursing by any person who has not been licensed to practice advanced practice,
20.18professional, or practical nursing under the provisions of sections
20.19or whose license has been suspended or revoked, or whose registration or national
20.20credential has expired, is hereby declared to be inimical to the public health and welfare
20.21and to constitute a public nuisance. Upon a complaint being made
20.22 or any prosecuting officer, and upon a proper showing of the facts, the district court
20.23of the county where such practice occurred may enjoin such acts and practice. Such
20.24injunction proceeding shall be in addition to, and not in lieu of, all other penalties and
20.25remedies provided by law.
20.26 Sec. 37. Minnesota Statutes 2012, section 151.01, subdivision 23, is amended to read:
20.27 Subd. 23. Practitioner. "Practitioner" means a licensed doctor of medicine, licensed
20.28doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
20.29licensed doctor of optometry, licensed podiatrist,
20.30advanced practice registered nurse. For purposes of sections
20.32a physician assistant authorized to prescribe, dispense, and administer under chapter 147A
20.33
20.34
21.1paragraph (b); and
21.2dispense and administer under chapter 150A.
21.3 Sec. 38. Minnesota Statutes 2012, section 152.12, is amended to read:
21.4152.12
21.5 Subdivision 1. Prescribing, dispensing, administering controlled substances in
21.6Schedules II through V. A licensed doctor of medicine, a doctor of osteopathy, duly
21.7licensed to practice medicine, a doctor of dental surgery, a doctor of dental medicine, a
21.8licensed doctor of podiatry, a licensed advanced practice registered nurse, or a licensed
21.9doctor of optometry limited to Schedules IV and V, and in the course of professional
21.10practice only, may prescribe, administer, and dispense a controlled substance included
21.11in Schedules II through V of section
21.12a nurse, an intern or an assistant under the direction and supervision of the doctor, and
21.13may cause a person who is an appropriately certified and licensed health care professional
21.14to prescribe and administer the same within the expressed legal scope of the person's
21.15practice as defined in Minnesota Statutes.
21.16 Subd. 2. Doctor of veterinary medicine. A licensed doctor of veterinary medicine,
21.17in good faith, and in the course of professional practice only, and not for use by a human
21.18being, may prescribe, administer, and dispense a controlled substance included in
21.19Schedules II through V of section
21.20an assistant under the direction and supervision of the doctor.
21.21 Subd. 3. Research project use of controlled substances. Any qualified person
21.22may use controlled substances in the course of a bona fide research project but cannot
21.23administer or dispense such drugs to human beings unless such drugs are prescribed,
21.24dispensed and administered by a person lawfully authorized to do so. Every person
21.25who engages in research involving the use of such substances shall apply annually for
21.26registration by the state Board of Pharmacy and shall pay any applicable fee specified in
21.27section
21.28covered by and has complied with federal laws covering such research projects.
21.29 Subd. 4. Sale of controlled substances not prohibited for certain persons and
21.30entities. Nothing in this chapter shall prohibit the sale to, or the possession of, a controlled
21.31substance in Schedule II, III, IV or V by: Registered drug wholesalers, registered
21.32manufacturers, registered pharmacies, or any licensed hospital or other licensed institutions
21.33wherein sick and injured persons are cared for or treated, or bona fide hospitals wherein
21.34animals are treated; or by licensed pharmacists, licensed doctors of medicine, doctors of
21.35osteopathy duly licensed to practice medicine, licensed doctors of dental surgery, licensed
22.1doctors of dental medicine, licensed doctors of podiatry, licensed doctors of optometry
22.2limited to Schedules IV and V, or licensed doctors of veterinary medicine when such
22.3practitioners use controlled substances within the course of their professional practice only.
22.4Nothing in this chapter shall prohibit the possession of a controlled substance in
22.5Schedule II, III, IV or V by an employee or agent of a registered drug wholesaler, registered
22.6manufacturer, or registered pharmacy, while acting in the course of employment; by a
22.7patient of a licensed doctor of medicine, a doctor of osteopathy duly licensed to practice
22.8medicine, a licensed doctor of dental surgery, a licensed doctor of dental medicine, or a
22.9licensed doctor of optometry limited to Schedules IV and V; or by the owner of an animal
22.10for which a controlled substance has been prescribed by a licensed doctor of veterinary
22.11medicine, when such controlled substances are dispensed according to law.
22.12 Subd. 5. Analytical laboratory not prohibited from providing anonymous
22.13analysis service. Nothing in this chapter shall prohibit an analytical laboratory from
22.14conducting an anonymous analysis service when such laboratory is registered by the
22.15Federal Drug Enforcement Administration, nor prohibit the possession of a controlled
22.16substance by an employee or agent of such analytical laboratory while acting in the course
22.17of employment.
22.18 Sec. 39. REPEALER.
22.19Minnesota Statutes 2012, sections 148.171, subdivision 6; 148.235, subdivisions 1,
22.202, 2a, 4, 4a, 4b, 6, and 7; and 148.284, are repealed.
22.21 Sec. 40. EFFECTIVE DATE.
22.22Sections 1 to 39 are effective January 1, 2016.