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HF 1124

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2013 01:51pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to nursing; modifying definitions in the Minnesota Nurse Practicing
Act; amending Minnesota Statutes 2012, sections 148.171, subdivisions 14, 15,
by adding subdivisions; 148.271; repealing Minnesota Statutes 2012, section
148.171, subdivision 12; Minnesota Rules, part 6321.0100.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 148.171, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Assignment. new text end

new text begin "Assignment" means the designation of nursing tasks or
activities to be performed by another nurse or unlicensed assistive person.
new text end

Sec. 2.

Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
to read:


new text begin Subd. 7a. new text end

new text begin Delegation. new text end

new text begin "Delegation" means the transfer of authority to another nurse
or unlicensed assistive person to perform a specific nursing task or activity in a specific
situation.
new text end

Sec. 3.

Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
to read:


new text begin Subd. 7b. new text end

new text begin Intervention. new text end

new text begin "Intervention" means any act or action, based upon clinical
judgment and knowledge that a nurse performs to enhance the health outcome of a patient.
new text end

Sec. 4.

Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
to read:


new text begin Subd. 8a. new text end

new text begin Monitoring. new text end

new text begin "Monitoring" means the periodic inspection by a registered
nurse or licensed practical nurse of a delegated or assigned nursing task or activity and
includes: (1) watching during the performance of the task or activity; (2) periodic
checking and tracking of the progress of the task or activity being performed; (3) updating
a supervisor on the progress or completion of the task or activity performed; and (4)
contacting a supervisor as needed for direction and consultation.
new text end

Sec. 5.

Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
to read:


new text begin Subd. 12a. new text end

new text begin Patient. new text end

new text begin "Patient" means a recipient of nursing care, including an
individual, family, group, or community.
new text end

Sec. 6.

Minnesota Statutes 2012, section 148.171, subdivision 14, is amended to read:


Subd. 14.

Practice of practical nursing.

The "practice of practical nursing"
means the performance fornew text begin, with or without new text endcompensation deleted text beginor personal profit of any
deleted text end of those services deleted text beginin observing and caring for the ill, injured, or infirm, in applying
counsel and procedure to safeguard life and health, in administering medication and
treatment prescribed by a licensed health professional, which are commonly performed by
licensed practical nurses and which require specialized knowledge and skill such as are
taught or acquired in an approved school of practical nursing, but which do not require
the specialized education, knowledge, and skill of a registered nurse.
deleted text endnew text begin that incorporates
caring for patients in all settings through nursing standards recognized by the board at the
direction of a registered nurse, advanced practice registered nurse, or other licensed health
care provider and includes, but is not limited to:
new text end

new text begin (1) conducting a focused assessment of the health status of a patient through the
collection and comparison of data to normal findings and the patient's current health
status, and reporting changes and responses to interventions in an ongoing manner to a
registered nurse or the appropriate licensed health care provider for delegated or assigned
tasks or activities;
new text end

new text begin (2) participating with other health care providers in the development and
modification of a plan of care;
new text end

new text begin (3) determining and implementing appropriate interventions within a nursing plan of
care or when delegated or assigned by a registered nurse;
new text end

new text begin (4) implementing interventions that are delegated, ordered, or prescribed by a
licensed health care provider;
new text end

new text begin (5) assigning nursing activities or tasks to other licensed practical nurses (LPNs);
new text end

new text begin (6) assigning and monitoring nursing tasks or activities to unlicensed assistive
personnel;
new text end

new text begin (7) providing for the maintenance of safe and effective nursing care delivery;
new text end

new text begin (8) promoting a safe and therapeutic environment;
new text end

new text begin (9) advocating for the best interests of individual patients;
new text end

new text begin (10) assisting in the evaluation of responses to interventions;
new text end

new text begin (11) collaborating and communicating with other health care providers;
new text end

new text begin (12) providing health care information to individual patients;
new text end

new text begin (13) providing input into the development of policies and procedures; and
new text end

new text begin (14) accountability for the quality of care delivered, recognizing the limits of
knowledge and experience; addressing situations beyond the nurse's competency; and
performing to the level of education, knowledge, and skill ordinarily expected of an
individual who has completed an approved practical nursing education program described
in section 148.211, subdivision 1.
new text end

Sec. 7.

Minnesota Statutes 2012, section 148.171, subdivision 15, is amended to read:


Subd. 15.

Practice of professional nursing.

The "practice of professional nursing"
means the performance fornew text begin, with or without new text endcompensation deleted text beginor personal profit of the
professional interpersonal service of: (1) providing a nursing assessment of the actual or
potential health needs of individuals, families, or communities; (2) providing nursing care
supportive to or restorative of life by functions such as skilled ministration of nursing care,
supervising and teaching nursing personnel, health teaching and counseling, case finding,
and referral to other health resources; and (3) evaluating these actions. The practice of
professional nursing includes both independent nursing functions and delegated medical
functions which may be performed in collaboration with other health team members, or
may be delegated by the professional nurse to other nursing personnel. Independent
nursing function may also be performed autonomously. The practice of professional
nursing requires that level of special education, knowledge, and skill ordinarily expected
of an individual who has completed an approved professional nursing education program
as described in section 148.211, subdivision 1.
deleted text endnew text begin of those services that incorporates caring
for all patients in all settings through nursing standards recognized by the board and
includes, but is not limited to:
new text end

new text begin (1) providing a comprehensive assessment of the health status of a patient through
the collection, analysis, and synthesis of data used to establish a health status baseline and
plan of care, and address changes in a patient's condition;
new text end

new text begin (2) collaborating with the health care team to develop and coordinate an integrated
plan of care;
new text end

new text begin (3) developing nursing interventions to be integrated with the plan of care;
new text end

new text begin (4) implementing nursing care through the execution of independent nursing
interventions;
new text end

new text begin (5) implementing interventions that are delegated, ordered, or prescribed by a
licensed health care provider;
new text end

new text begin (6) delegating nursing tasks or assigning nursing activities to implement the plan of
care;
new text end

new text begin (7) providing safe and effective nursing care;
new text end

new text begin (8) promoting a safe and therapeutic environment;
new text end

new text begin (9) advocating for the best interests of individual patients;
new text end

new text begin (10) evaluating responses to interventions and the effectiveness of the plan of care;
new text end

new text begin (11) collaborating and coordinating with other health care professionals in the
management and implementation of care within and across care settings and communities;
new text end

new text begin (12) providing health promotion, disease prevention, care coordination, and case
finding;
new text end

new text begin (13) designing, implementing, and evaluating the teaching plans based on patient
needs;
new text end

new text begin (14) participating in the development of health care policies, procedures, and systems;
new text end

new text begin (15) managing, supervising, and evaluating the practice of nursing;
new text end

new text begin (16) teaching the theory and practice of nursing; and
new text end

new text begin (17) accountability for the quality of care delivered, recognizing the limits of
knowledge and experience; addressing situations beyond the nurse's competency; and
performing to the level of education, knowledge, and skill ordinarily expected of an
individual who has completed an approved professional nursing education program as
described in section 148.211, subdivision 1.
new text end

Sec. 8.

Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
to read:


new text begin Subd. 23. new text end

new text begin Supervision. new text end

new text begin "Supervision" means the guidance by a registered nurse
in the accomplishment of a nursing task or activity. Supervision consists of monitoring,
as well as establishing, the initial direction, delegating, setting expectations, directing
activities and courses of action, overseeing, evaluating, and changing a course of action.
new text end

Sec. 9.

Minnesota Statutes 2012, section 148.171, is amended by adding a subdivision
to read:


new text begin Subd. 24. new text end

new text begin Unlicensed assistive personnel. new text end

new text begin "Unlicensed assistive personnel" (UAP)
means any unlicensed person to whom nursing tasks or activities may be delegated or
assigned, as approved by the board.
new text end

Sec. 10.

Minnesota Statutes 2012, section 148.271, is amended to read:


148.271 EXEMPTIONS.

The provisions of sections 148.171 to 148.285 shall not prohibit:

(1) The furnishing of nursing assistance in an emergency.

(2) The practice of professional or practical nursing by any legally qualified
registered or licensed practical nurse of another state who is employed by the United
States government or any bureau, division, or agency thereof while in the discharge of
official duties.

(3) The practice of any profession or occupation licensed by the state, other than
professional or practical nursing, by any person duly licensed to practice the profession or
occupation, or the performance by a person of any acts properly coming within the scope
of the profession, occupation, or license.

(4) The provision of a nursing or nursing-related service by deleted text begina nursing assistantdeleted text endnew text begin an
unlicensed assistive person
new text end who has been delegated the specific function and is supervised
by a registered nurse or monitored by a licensed practical nurse.

(5) The care of the sick with or without compensation when done in a nursing home
covered by the provisions of section 144A.09, subdivision 1.

(6) Professional nursing practice or advanced practice registered nursing practice by
a registered nurse or practical nursing practice by a licensed practical nurse licensed in
another state or territory who is in Minnesota as a student enrolled in a formal, structured
course of study, such as a course leading to a higher degree, certification in a nursing
specialty, or to enhance skills in a clinical field, while the student is practicing in the course.

(7) Professional or practical nursing practice by a student practicing under the
supervision of an instructor while the student is enrolled in a nursing program approved by
the board under section 148.251.

(8) Advanced practice registered nursing as defined in section 148.171, subdivisions
5, 10, 11, 13, and 21
, by a registered nurse who is licensed and currently registered in
Minnesota or another United States jurisdiction and who is enrolled as a student in a
formal education program leading to eligibility for certification as an advanced practice
registered nurse; or by a registered nurse licensed and currently registered in Minnesota
who has completed an advanced practice registered nurse course of study and is awaiting
certification, the period not to exceed six months.

Sec. 11. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2012, section 148.171, subdivision 12, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 6321.0100, new text end new text begin is repealed.
new text end