Minnesota Legislature
HF 3217
as introduced - 88th Legislature (2013 - 2014) Posted on 03/19/2014 12:19pm
Bill Text Versions
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| Introduction | Posted on 03/19/2014 |
Current Version - as introduced
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A bill for an act
relating to commerce; defining certain unlawful trade practices; modifying
certain regulations related to the practice of advanced practice nursing; amending
Minnesota Statutes 2012, sections 148.171, subdivisions 5, 10, 11, 13, 21;
148.235, subdivisions 2, 2a, 4, 4a, 4b; 325D.11; repealing Minnesota Statutes
2012, sections 148.171, subdivision 6; 148.235, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 148.171, subdivision 5, is amended to read:
Subd. 5.
Clinical nurse specialist practice.
"Clinical nurse specialist practice"
means the provision of patient care in a particular specialty or subspecialty of advanced
practice registered nursing deleted text begin within the context of collaborative management,deleted text end and includes:
(1) diagnosing illness and disease; (2) providing nonpharmacologic treatment, including
psychotherapy; (3) promoting wellness; and (4) preventing illness and disease. The
certified clinical nurse specialist is certified for advanced practice registered nursing in a
specific field of clinical nurse specialist practice.
Sec. 2.
Minnesota Statutes 2012, section 148.171, subdivision 10, is amended to read:
Subd. 10.
Nurse-midwife practice.
"Nurse-midwife practice" means the
management of women's primary health care, focusing on pregnancy, childbirth, the
postpartum period, care of the newborn, and the family planning and gynecological needs
of women and includes diagnosing and providing nonpharmacologic treatment deleted text begin within a
system that provides for consultation, collaborative management, and referraldeleted text end as indicated
by the health status of patients.
Sec. 3.
Minnesota Statutes 2012, section 148.171, subdivision 11, is amended to read:
Subd. 11.
Nurse practitioner practice.
"Nurse practitioner practice" meansdeleted text begin ,
within the context of collaborative managementdeleted text end : (1) diagnosing, directly managing, and
preventing acute and chronic illness and disease; and (2) promoting wellness, including
providing nonpharmacologic treatment. The certified nurse practitioner is certified for
advanced registered nurse practice in a specific field of nurse practitioner practice.
Sec. 4.
Minnesota Statutes 2012, section 148.171, subdivision 13, is amended to read:
Subd. 13.
Practice of advanced practice registered nursing.
The "practice of
advanced practice registered nursing" means the performance of clinical nurse specialist
practice, nurse-midwife practice, nurse practitioner practice, or registered nurse anesthetist
practice as defined in subdivisions 5, 10, 11, and 21. The practice includes functioning as
a direct care provider, case manager, consultant, educator, and researcher. The practice of
advanced practice registered nursing also includes accepting referrals from, consulting
with, cooperating with, or referring to all other types of health care providers, including
but not limited to physicians, chiropractors, podiatrists, and dentists, provided that the
advanced practice registered nurse and the other provider are practicing within their scopes
of practice as defined in state law. deleted text begin The advanced practice registered nurse must practice
within a health care system that provides for consultation, collaborative management, and
referral as indicated by the health status of the patient.
deleted text end
Sec. 5.
Minnesota Statutes 2012, section 148.171, subdivision 21, is amended to read:
Subd. 21.
Registered nurse anesthetist practice.
"Registered nurse anesthetist
practice" means the provision of anesthesia care and related services deleted text begin within the context of
collaborative managementdeleted text end , including selecting, obtaining, and administering drugs and
therapeutic devices to facilitate diagnostic, therapeutic, and surgical procedures upon
request, assignment, or referral by a patient's physician, dentist, or podiatrist.
Sec. 6.
Minnesota Statutes 2012, section 148.235, subdivision 2, is amended to read:
Subd. 2.
Certified nurse practitioners.
A certified nurse practitioner deleted text begin who has a
written agreement with a physician based on standards established by the Minnesota
Nurses Association and the Minnesota Medical Association that defines the delegated
responsibilities related to the prescription of drugs and therapeutic devices,deleted text end may prescribe
and administer drugs and therapeutic devices deleted text begin within the scope of the written agreement
anddeleted text end within practice as a certified nurse practitioner. deleted text begin The written agreement required
under this subdivision shall be based on standards established by the Minnesota Nurses
Association and the Minnesota Medical Association as of January 1, 1996, unless both
associations agree to revisions.
deleted text end
Sec. 7.
Minnesota Statutes 2012, section 148.235, subdivision 2a, is amended to read:
Subd. 2a.
Certified registered nurse anesthetists.
A certified registered nurse
anesthetist deleted text begin who has a written agreement with a physician based on standards established
by the Minnesota Nurses Association and the Minnesota Medical Association that defines
the delegated responsibilities related to the prescription of drugs and therapeutic devices,
deleted text end may prescribe and administer drugs and therapeutic devices within the scope of deleted text begin the written
agreement and withindeleted text end practice as a certified registered nurse anesthetist.
Sec. 8.
Minnesota Statutes 2012, section 148.235, subdivision 4, is amended to read:
Subd. 4.
Certified clinical nurse specialists in psychiatric and mental health
nursing.
A certified clinical nurse specialist who deleted text begin (1)deleted text end has successfully completed no
less than 30 hours of formal study in the prescribing of psychotropic medications and
medications to treat their side effects which included instruction in health assessment,
psychotropic classifications, psychopharmacology, indications, dosages, contraindications,
side effects, and evidence of applicationdeleted text begin ; and (2) has a written agreement with a
psychiatrist or other physician based on standards established by the Minnesota Nurses
Association and the Minnesota Psychiatric Association that specifies and defines the
delegated responsibilities related to the prescription of drugs in relationship to the
diagnosis,deleted text end may prescribe and administer drugs used to treat psychiatric and behavioral
disorders and the side effects of those drugs within the scope of deleted text begin the written agreement
and withindeleted text end practice as a certified clinical nurse specialist in psychiatric and mental
health nursing. deleted text begin The written agreement required under this subdivision shall be based on
standards established by the Minnesota Nurses Association and the Minnesota Psychiatric
Association as of January 1, 1996, unless both associations agree to revisions.
deleted text end
deleted text begin
Nothing in this subdivision removes or limits the legal professional liability of the
treating psychiatrist, certified clinical nurse specialist, mental health clinic or hospital for
the prescription and administration of drugs by a certified clinical nurse specialist in
accordance with this subdivision.
deleted text end
Sec. 9.
Minnesota Statutes 2012, section 148.235, subdivision 4a, is amended to read:
Subd. 4a.
Other certified clinical nurse specialists.
A certified clinical nurse
specialist whodeleted text begin : (1)deleted text end has successfully completed no less than 30 hours of formal study from
a college, university, or university health care institution, which included the following:
instruction in health assessment, medication classifications, indications, dosages,
contraindications, and side effects; supervised practice; and competence evaluation,
including evidence of the application of knowledge pertaining to prescribing for and
therapeutic management of the clinical type of patients in the certified clinical nurse
specialist's practicedeleted text begin ; and (2) has a written agreement with a physician based on standards
established by the Minnesota Nurses Association and the Minnesota Medical Association
that defines the delegated responsibilities related to the prescription of drugs and
therapeutic devices,deleted text end may prescribe and administer drugs and therapeutic devices within the
scope of deleted text begin the written agreement and withindeleted text end practice as a certified clinical nurse specialist.
Sec. 10.
Minnesota Statutes 2012, section 148.235, subdivision 4b, is amended to read:
Subd. 4b.
Dispensing authority.
An advanced practice registered nurse who is
authorized under this section to prescribe drugs is authorized to dispense drugs subject to
the same requirements established for the prescribing of drugs. deleted text begin This authority to dispense
extends only to those drugs described in the written agreement entered into under this
section.deleted text end The authority to dispense includes, but is not limited to, the authority to receive
and dispense sample drugs.
Sec. 11.
Minnesota Statutes 2012, section 325D.11, is amended to read:
325D.11 CERTAIN UNLAWFUL TRADE PRACTICES.
new text begin (a) new text end It shall be an unlawful trade practice for any seller or transferor of any goods,
wares, or merchandise to advertise, claim or imply that any sale or transfer of goods,
wares, or merchandise is a sale or transfer at wholesale, unless such sale or transfer is
made to a transferee for resale or is a sale of a substantial quantity of merchandise for
business use only.
new text begin
(b) It shall be an unlawful trade practice for any profession to be allowed to control
the consumer public's access to another profession by requiring the profession to secure an
agreement or permission from the competing profession in order to serve the public.
new text end
Sec. 12. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2012, sections 148.171, subdivision 6; and 148.235, subdivision
6,
new text end
new text begin
are repealed.
new text end