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Minnesota Legislature

Office of the Revisor of Statutes

SF 527

as introduced - 90th Legislature (2017 - 2018) Posted on 05/19/2017 12:36pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health occupations; modifying the nurse practices act; clarifying licensure
requirements for advanced practice registered nurses; amending Minnesota Statutes
2016, sections 148.171, subdivision 7b, by adding a subdivision; 148.211,
subdivisions 1a, 1c, 2; repealing Minnesota Statutes 2016, sections 148.211,
subdivision 1b; 148.243, subdivision 15.

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

Section 1.

Minnesota Statutes 2016, section 148.171, subdivision 7b, is amended to read:


Subd. 7b.

deleted text beginInterventiondeleted text end new text beginEncumberednew text end.

deleted 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
deleted text endnew text begin "Encumbered" means (1) a license that is revoked, suspended, or contains
limitations on the full and unrestricted practice of nursing when the revocation, suspension,
or limitation is imposed by a state licensing board, or (2) a license that is voluntarily
surrendered
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2016, section 148.171, is amended by adding a subdivision to
read:


new text begin Subd. 7c. 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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2016, section 148.211, subdivision 1a, is amended to read:


Subd. 1a.

Advanced practice registered nurse licensure.

(a) deleted text beginEffective January 1, 2015,deleted text end
No advanced practice nurse shall practice as an advanced practice registered nurse unless
the advanced practice nurse is licensed by the board under this section.

(b) An applicant for a license to practice as an advanced practice registered nurse (APRN)
shall apply to the board in a format prescribed by the board and pay a fee in an amount
determined under section 148.243.

(c) To be eligible for licensure an applicant:

(1) must hold a current Minnesota professional nursing license or demonstrate eligibility
for licensure as a registered nurse in this state;

(2) must not hold an encumbered license as a registered nurse in any state or territory;

(3)new text begin(i)new text end must have completed a graduate level APRN program accredited by a nursing or
nursing-related accrediting body that is recognized by the United States Secretary of
Education or the Council for Higher Education Accreditation as acceptable to the board.
The education must be in one of the four APRN roles for at least one population focusnew text begin. For
APRN programs completed on or after January 1, 2016, the program must include at least
one graduate-level course in each of the following areas: advanced physiology and
pathophysiology; advanced health assessment; and pharmacokinetics and
pharmacotherapeutics of all broad categories of agents
new text end;new text begin or
new text end

new text begin (ii) must demonstrate compliance with the advanced practice nursing educational
requirements that were in effect in Minnesota at the time the applicant completed the
advanced practice nursing education program;
new text end

(4) must be currently certified by a national certifying body recognized by the board in
the APRN role and population foci appropriate to educational preparation;

(5) must report any criminal conviction, nolo contendere plea, Alford plea, or other plea
arrangement in lieu of conviction; and

(6) must not have committed any acts or omissions which are grounds for disciplinary
action in another jurisdiction or, if these acts have been committed and would be grounds
for disciplinary action as set forth in section 148.261, the board has found, after investigation,
that sufficient restitution has been made.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2016, section 148.211, subdivision 1c, is amended to read:


Subd. 1c.

Postgraduate practice.

A nurse practitioner or clinical nurse specialist who
qualifies for licensure as an advanced practice registered nurse must practice for at least
2,080 hours, within the context of a collaborative agreement, within a hospital or integrated
clinical setting where advanced practice registered nurses and physicians work together to
provide patient care. The nurse practitioner or clinical nurse specialist shall submit written
evidence to the board with the application, or upon completion of the required collaborative
practice experience. For purposes of this subdivision, a collaborative agreement is a mutually
agreed upon plan for the overall working relationship between a nurse practitioner or clinical
nurse specialist, and one or more physicians licensed under chapter 147new text begin or in another state
or United States territory
new text end, or one or more advanced practice registered nurses licensed under
this section that designates the scope of collaboration necessary to manage the care of
patients. The nurse practitioner or clinical nurse specialist, and one of the collaborating
physicians or advanced practice registered nurses, must have experience in providing care
to patients with the same or similar medical problems.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2016, section 148.211, subdivision 2, is amended to read:


Subd. 2.

Licensure by endorsement.

deleted text begin(a)deleted text end The board shall issue a license to practice
professional nursing or practical nursing without examination to an applicant who has been
duly licensed or registered as a nurse under the laws of another state, territory, or country,
if in the opinion of the board the applicant has the qualifications equivalent to the
qualifications required in this state as stated in subdivision 1, all other laws not inconsistent
with this section, and rules promulgated by the board.

deleted text begin (b) Effective January 1, 2015, an applicant for advanced practice registered nurse licensure
by endorsement is eligible for licensure if the applicant meets the requirements in paragraph
(a) and demonstrates:
deleted text end

deleted text begin (1) current national certification or recertification in the advanced role and population
focus area; and
deleted text end

deleted text begin (2) compliance with the advanced practice nursing educational requirements that were
in effect in Minnesota at the time the advanced practice registered nurse completed the
advanced practice nursing education program.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 148.211, subdivision 1b; and 148.243, subdivision
15,
new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-2028

148.211 LICENSING.

Subd. 1b.

Advanced practice registered nurse grandfather provision.

(a) The board shall issue a license to an applicant who does not meet the education requirements in subdivision 1a, paragraph (c), clause (3), if the applicant:

(1) is recognized by the board to practice as an advanced practice registered nurse in this state on July 1, 2014;

(2) submits an application to the board in a format prescribed by the board and the applicable fee as determined under section 148.243 by January 1, 2015; and

(3) meets the requirements under subdivision 1a, paragraph (c), clauses (1), (2), (4), (5), and (6).

(b) An advanced practice registered nurse licensed under this subdivision shall maintain all practice privileges provided to licensed advanced practice registered nurses under this chapter.

148.243 FEE AMOUNTS.

Subd. 15.

Practicing without current APRN certification.

The fee for practicing without current APRN certification is $200 for the first month or any part thereof, plus $100 for each subsequent month or part thereof.