SF 2740

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/17/2022 11:23am

A bill for an act
relating to health; temporarily permitting retired nurses and out-of-state nurses to
practice in certain long-term care settings; temporarily modifying training
requirements for direct care staff in certain long-term care settings; establishing a
temporary voluntary correction program for nursing homes.

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

Section 1. new text begin TEMPORARY LICENSURE PRIVILEGES FOR NURSES FROM ANY
STATE.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 148.171 to 148.285, a registered or
practical nurse who holds a current license, certificate, or registration in good standing
issued by a state of the United States or the District of Columbia to practice practical or
professional nursing shall be authorized to practice professional or practical nursing in
Minnesota without being issued a license by the Board of Nursing if:
new text end

new text begin (1) the nurse is employed by a licensed nursing facility or licensed assisted living facility;
new text end

new text begin (2) the licensure standards of the jurisdiction that issued the license, certification, or
registration are substantially the same as Minnesota licensure standards;
new text end

new text begin (3) no state or jurisdiction has taken any adverse action against the nurse's license,
certification, or registration;
new text end

new text begin (4) the nurse is not participating in an alternative or diversion program; and
new text end

new text begin (5) the nurse has not been denied a license to practice nursing in Minnesota.
new text end

new text begin (b) Within ten days of employment by the facility, a nurse who is practicing nursing
under the authority of this section must report the employment to the Board of Nursing on
a form provided by the board. The nurse must provide the board a copy of the license,
certification, or registration issued by another state or the District of Columbia.
new text end

new text begin (c) A nurse who practices nursing in Minnesota under the authority of this section has
the same obligations as if the nurse were licensed in Minnesota and is subject to the laws
and rules of Minnesota and the regulatory authority of the Board of Nursing, including all
forms of disciplinary actions permitted under Minnesota Statutes, section 148.262,
subdivision 1, and corrective action permitted under Minnesota Statutes, section 214.103,
subdivision 6. The board may revoke a nurse's authorization to practice under this section
at the board's discretion.
new text end

new text begin (d) Any authorization to practice granted under this section is valid for one year and is
not renewable.
new text end

new text begin (e) This section expires March 31, 2023.
new text end

Sec. 2. new text begin TEMPORARY PERMIT FOR LAPSED NURSING LICENSES.
new text end

new text begin (a) The Board of Nursing shall issue a temporary permit to practice professional or
practical nursing to any nurse whose license to practice issued under Minnesota Statutes,
sections 148.171 to 148.285, has lapsed after January 1, 2020, and who desires to resume
the practice of professional or practical nursing at a licensed nursing facility or licensed
assisted living facility. The nurse shall submit an application for a temporary permit to the
board that includes the name and location of the facility where the nurse is or will be
employed. The board shall issue the temporary permit to practice professional or practical
nursing upon the receipt of the application. The applicant is not required to pay any fee
under Minnesota Statutes, section 148.243, for the temporary permit or meet any other
requirements if at the time the nurse's license lapsed the license was in good standing and
the nurse was not the subject of any pending investigation or disciplinary action and was
not disqualified to practice in any way.
new text end

new text begin (b) Any temporary permit issued under this section is valid for a period of one year and
is not renewable.
new text end

new text begin (c) This section expires March 31, 2023.
new text end

Sec. 3. new text begin TEMPORARY NURSE AIDE TRAINING.
new text end

new text begin (a) A person who registers, completes, and passes the American Health Care Association's
eight-hour online temporary nurse aide training course may be employed by a licensed
nursing facility as a temporary nursing assistant. Nursing facilities must maintain
documentation that an employed temporary nursing assistant completed the required training
program.
new text end

new text begin (b) Whenever providing or assisting in the provision of nursing or nursing-related
services, a temporary nursing assistant employed under the authority of this section must
be directly supervised by a certified nursing assistant, licensed practical nurse, or registered
nurse. If, during employment, the temporary nursing assistant meets the requirements for
employment as a nursing assistant that existed prior to enactment of this section, the
supervision described in this section is no longer required.
new text end

new text begin (c) This section expires four months after the expiration of the blanket federal waiver
of the nurse aides training and certification requirements under Code of Federal Regulations,
title 42, section 483.35(d), by the Centers for Medicare and Medicaid Services as authorized
by section 1135 of the Social Security Act.
new text end

Sec. 4. new text begin TEMPORARY ASSISTED LIVING STAFF TRAINING REQUIREMENTS.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 144G.60, subdivision 4, paragraphs (a)
and (b), a person who registers, completes, and passes the American Health Care
Association's eight-hour online temporary nurse aide training course may be employed by
a licensed assisted living facility to provide assisted living services or perform delegated
nursing tasks. Assisted living facilities must maintain documentation that a person employed
under the authority of this section to provide assisted living services or perform delegated
nursing tasks completed the required training program.
new text end

new text begin (b) Whenever providing assisted living services, a person employed under the authority
of this section must be directly supervised by another employee who meets the requirements
of Minnesota Statutes, section 144G.60, subdivision 4, paragraph (a). If, during employment,
the person meets the requirements of Minnesota Statutes, section 144G.60, subdivision 4,
paragraph (a), the supervision described in this paragraph is no longer required.
new text end

new text begin (c) Whenever performing delegated nursing tasks, a person employed under the authority
of this section must be directly supervised by another employee who meets the requirements
of Minnesota Statutes, section 144G.60, subdivision 4, paragraph (b). If, during employment,
the person meets the requirements of Minnesota Statutes, section 144G.60, subdivision 4,
paragraph (b), the supervision described in this paragraph is no longer required.
new text end

new text begin (d) This section expires four months after the expiration of the blanket federal waiver
of the nurse aides training and certification requirements under Code of Federal Regulations,
title 42, section 483.35(d), by the Centers for Medicare and Medicaid Services as authorized
by section 1135 of the Social Security Act.
new text end

Sec. 5. new text begin TEMPORARY NURSING FACILITY VOLUNTARY CORRECTION
PROGRAM.
new text end

new text begin (a) Between the date on which this section becomes effective and June 30, 2023, a
licensed nursing facility may submit to the commissioner a formal request for technical
assistance and available resources to correct the facility's failures to comply with state
licensing and federal certification standards that result from acute staffing shortages related
to the COVID-19 pandemic.
new text end

new text begin (b) Within 48 hours of receipt of a formal request under paragraph (a), the commissioner
must complete a voluntary correction program intake form and assign to the facility a specific
employee of the Department of Health who must act as the primary point of contact for the
facility participating in the voluntary correction program. A department employee assigned
to a facility must not be a nursing home health surveyor or an Office of Health Facility
Complaints investigator. The commissioner must not assign current surveyors or investigators
to offer technical assistance to facilities participating in the voluntary correction program.
new text end

new text begin (c) The commissioner must not initiate a survey or other regulatory action in response
to a request submitted under paragraph (a). The commissioner must not regard the mere
fact that a facility submitted a request under paragraph (a) as justification to exercise the
commissioner's discretion under Minnesota Statutes, section 144A.10, subdivision 2, to
devote more resources for inspections of the facility outside of the regular schedule of
licensing and certification inspections.
new text end

new text begin (d) While a facility is participating in the voluntary correction program, the commissioner
must not initiate a survey, revisit of any type, or otherwise deploy surveyors or investigators
to the facility except as provided in paragraph (f).
new text end

new text begin (e) No facility may participate in the voluntary correction program longer than one
month.
new text end

new text begin (f) Nothing in paragraph (c) or (d) prohibits the commissioner from conducting an on-site
investigation of alleged maltreatment of a vulnerable adult or of a complaint triaged as
immediate jeopardy.
new text end

new text begin (g) The commissioner must ensure that department staff providing technical assistance
to a facility participating in the voluntary correction program do not communicate information
about the facility directly to any surveyor or investigator, including that the facility is a
participant in the program. Nothing in this paragraph prohibits anyone from filing a complaint
with the Office of Health Facility Complaints.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective the day following final enactment.
new text end