SF 233

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying provisions relating to 
  1.3             temporary licensure of nurses; authorizing the 
  1.4             administration of medications in nursing facilities; 
  1.5             use of titles; amending Minnesota Statutes 2002, 
  1.6             sections 148.212; 148.235, by adding a subdivision; 
  1.7             148.281, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 148.212, is 
  1.10  amended to read: 
  1.11     148.212 [TEMPORARY PERMIT.] 
  1.12     Subdivision 1.  [ISSUANCE.] Upon receipt of the applicable 
  1.13  licensure or reregistration fee and permit fee, and in 
  1.14  accordance with rules of the board, the board may issue a 
  1.15  nonrenewable temporary permit to practice professional or 
  1.16  practical nursing to an applicant for licensure or 
  1.17  reregistration who is not the subject of a pending investigation 
  1.18  or disciplinary action, nor disqualified for any other reason, 
  1.19  under the following circumstances: 
  1.20     (a) The applicant for licensure by examination under 
  1.21  section 148.211, subdivision 1, has graduated from an approved 
  1.22  nursing program within the 60 days preceding board receipt of an 
  1.23  affidavit of graduation or transcript and has been authorized by 
  1.24  the board to write the licensure examination for the first time 
  1.25  in the United States.  The permit holder must practice 
  1.26  professional or practical nursing under the direct supervision 
  2.1   of a registered nurse.  The permit is valid from the date of 
  2.2   issue until the date the board takes action on the application 
  2.3   or for 60 days whichever occurs first. 
  2.4      (b) The applicant for licensure by endorsement under 
  2.5   section 148.211, subdivision 2, is currently licensed to 
  2.6   practice professional or practical nursing in another state, 
  2.7   territory, or Canadian province.  The permit is valid from 
  2.8   submission of a proper request until the date of board action on 
  2.9   the application. 
  2.10     (c) The applicant for licensure by endorsement under 
  2.11  section 148.211, subdivision 2, or for reregistration under 
  2.12  section 148.231, subdivision 5, is currently registered in a 
  2.13  formal, structured refresher course or its equivalent for nurses 
  2.14  that includes clinical practice. 
  2.15     (d) The applicant for licensure by examination under 
  2.16  section 148.211, subdivision 1, has been issued a Commission on 
  2.17  Graduates of Foreign Nursing Schools certificate, has completed 
  2.18  all requirements for licensure except the examination, and has 
  2.19  been authorized by the board to write the licensure examination 
  2.20  for the first time in the United States.  The permit holder must 
  2.21  practice professional nursing under the direct supervision of a 
  2.22  registered nurse.  The permit is valid from the date of issue 
  2.23  until the date the board takes action on the application or for 
  2.24  60 days, whichever occurs first. 
  2.25     Subd. 2.  [REVOCATION.] The board may revoke a temporary 
  2.26  permit that has been issued to an applicant for licensure under 
  2.27  section 148.211, subdivisions 1 and 2, if the applicant is the 
  2.28  subject of an investigation or disciplinary action, or is 
  2.29  disqualified for any other reason. 
  2.30     Subd. 3.  [RELEASE OF INFORMATION.] Notwithstanding section 
  2.31  13.41, subdivision 2, the board may release information 
  2.32  regarding action taken by the board pursuant to subdivisions 1 
  2.33  and 2. 
  2.34     Sec. 2.  Minnesota Statutes 2002, section 148.235, is 
  2.35  amended by adding a subdivision to read: 
  2.36     Subd. 10.  [ADMINISTRATION OF MEDICATIONS BY UNLICENSED 
  3.1   PERSONNEL IN NURSING FACILITIES.] Notwithstanding the provisions 
  3.2   of Minnesota Rules, part 4658.1360, subpart 2, a graduate of a 
  3.3   foreign nursing school who has successfully completed an 
  3.4   approved competency evaluation under the provisions of section 
  3.5   144A.61 is eligible to administer medications in a nursing 
  3.6   facility upon completion of a medication training program for 
  3.7   unlicensed personnel offered through a postsecondary educational 
  3.8   institution, which meets the requirements specified in Minnesota 
  3.9   Rules, part 4658.1360, subpart 2, item B. 
  3.10     Sec. 3.  Minnesota Statutes 2002, section 148.281, 
  3.11  subdivision 1, is amended to read: 
  3.12     Subdivision 1.  [VIOLATIONS DESCRIBED.] It shall be 
  3.13  unlawful for any person, corporation, firm, or association, to: 
  3.14     (1) sell or fraudulently obtain or furnish any nursing 
  3.15  diploma, license or record, or aid or abet therein; 
  3.16     (2) practice professional or practical nursing, practice as 
  3.17  a public health nurse, or practice as a certified clinical nurse 
  3.18  specialist, certified nurse-midwife, certified nurse 
  3.19  practitioner, or certified registered nurse anesthetist under 
  3.20  cover of any diploma, permit, license, registration certificate, 
  3.21  advanced practice credential, or record illegally or 
  3.22  fraudulently obtained or signed or issued unlawfully or under 
  3.23  fraudulent representation; 
  3.24     (3) practice professional or practical nursing unless the 
  3.25  person has been issued a temporary permit under the provisions 
  3.26  of section 148.212 or is duly licensed and currently registered 
  3.27  to do so under the provisions of sections 148.171 to 148.285; 
  3.28     (4) use the professional title nurse unless duly licensed 
  3.29  to practice professional or practical nursing under the 
  3.30  provisions of sections 148.171 to 148.285, except as authorized 
  3.31  by the board by rule; 
  3.32     (5) use any abbreviation or other designation tending to 
  3.33  imply licensure as a registered nurse or licensed practical 
  3.34  nurse unless duly licensed and currently registered so to 
  3.35  practice professional or practical nursing under the provisions 
  3.36  of sections 148.171 to 148.285 except as authorized by the board 
  4.1   by rule; 
  4.2      (5) (6) use any title, abbreviation, or other designation 
  4.3   tending to imply certification as a certified registered nurse 
  4.4   as defined in section 148.171, subdivision 22, unless duly 
  4.5   certified by a national nurse certification organization; 
  4.6      (6) (7) use any abbreviation or other designation tending 
  4.7   to imply registration as a public health nurse unless duly 
  4.8   registered by the board; 
  4.9      (7) (8) practice professional, advanced practice 
  4.10  registered, or practical nursing in a manner prohibited by the 
  4.11  board in any limitation of a license or registration issued 
  4.12  under the provisions of sections 148.171 to 148.285; 
  4.13     (8) (9) practice professional, advanced practice 
  4.14  registered, or practical nursing during the time a license or 
  4.15  current registration issued under the provisions of sections 
  4.16  148.171 to 148.285 shall be suspended or revoked; 
  4.17     (9) (10) conduct a nursing program for the education of 
  4.18  persons to become registered nurses or licensed practical nurses 
  4.19  unless the program has been approved by the board; 
  4.20     (10) (11) knowingly employ persons in the practice of 
  4.21  professional or practical nursing who have not been issued a 
  4.22  current permit, license, or registration certificate to practice 
  4.23  as a nurse in this state; and 
  4.24     (11) (12) knowingly employ a person in advanced practice 
  4.25  registered nursing unless the person meets the standards and 
  4.26  practices of sections 148.171 to 148.285.