Minnesota Legislature
SF 1055
as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:33am
Current Version - as introduced
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A bill for an act
relating to nurses; making technical changes; repealing license recognition for
bordering states; establishing certain fees; amending Minnesota Statutes 2010,
sections 148.191, subdivision 2; 148.211, subdivision 1; 148.212, subdivision
1; 148.231; proposing coding for new law in Minnesota Statutes, chapter 148;
repealing Minnesota Statutes 2010, section 148.211, subdivision 2a; Minnesota
Rules, parts 6310.3100, subpart 2; 6310.3600; 6310.3700, subpart 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 148.191, subdivision 2, is amended to read:
Subd. 2.
Powers.
(a) The board is authorized to adopt and, from time to time, revise
rules not inconsistent with the law, as may be necessary to enable it to carry into effect the
provisions of sections 148.171 to 148.285. The board shall prescribe by rule curricula
and standards for schools and courses preparing persons for licensure under sections
148.171 to 148.285. It shall conduct or provide for surveys of such schools and courses
at such times as it may deem necessary. It shall approve such schools and courses as
meet the requirements of sections 148.171 to 148.285 and board rules. It shall examine,
license, and renew the license of duly qualified applicants. It shall hold examinations
at least once in each year at such time and place as it may determine. It shall by rule
adopt, evaluate, and periodically revise, as necessary, requirements for licensure and for
registration and renewal of registration as defined in section 148.231. It shall maintain a
record of all persons licensed by the board to practice professional or practical nursing and
all registered nurses who hold Minnesota licensure and registration and are certified as
advanced practice registered nurses. It shall cause the prosecution of all persons violating
sections 148.171 to 148.285 and have power to incur such necessary expense therefor.
It shall register public health nurses who meet educational and other requirements
established by the board by rule, including payment of a fee. deleted text begin Prior to the adoption of rules,
the board shall use the same procedures used by the Department of Health to certify public
health nurses.deleted text end It shall have power to issue subpoenas, and to compel the attendance of
witnesses and the production of all necessary documents and other evidentiary material.
Any board member may administer oaths to witnesses, or take their affirmation. It shall
keep a record of all its proceedings.
(b) The board shall have access to hospital, nursing home, and other medical records
of a patient cared for by a nurse under review. If the board does not have a written consent
from a patient permitting access to the patient's records, the nurse or facility shall delete
any data in the record that identifies the patient before providing it to the board. The board
shall have access to such other records as reasonably requested by the board to assist the
board in its investigation. Nothing herein may be construed to allow access to any records
protected by section 145.64. The board shall maintain any records obtained pursuant to
this paragraph as investigative data under chapter 13.
new text begin
(c) The board may accept and expend grants or gifts of money or in-kind services
from a person, a public or private entity, or any other source for purposes consistent with
the board's role and within the scope of its statutory authority.
new text end
new text begin
(d) The board may accept registration fees for meetings and conferences conducted
for the purposes of board activities that are within the scope of its authority.
new text end
Sec. 2.
Minnesota Statutes 2010, section 148.211, subdivision 1, is amended to read:
Subdivision 1.
Licensure by examination.
(a) An applicant for a license to practice
as a registered nurse or licensed practical nurse shall apply to the board for a license by
examination on forms prescribed by the board and pay a fee in an amount determined by
statute. An applicant applying for reexamination shall pay a fee in an amount determined
by law. In no case may fees be refunded.
(b) The applicant must satisfy the following requirements for licensure by
examination:
(1) present evidence the applicant has not engaged in conduct warranting disciplinary
action under section 148.261;
(2) present evidence of completion of a nursing education program new text begin which was
conducted in English and new text end approved by the board, another United States nursing board,
or a Canadian province, which prepared the applicant for the type of license for which
the application has been submitted; and
(3) pass a national nurse licensure written examination. "Written examination"
includes paper and pencil examinations and examinations administered with a computer
and related technology and may include supplemental oral or practical examinations
approved by the board.
(c) An applicant who graduated from an approved nursing education program in
Canada and was licensed in Canada or another United States jurisdiction, without passing
the national nurse licensure examination, must also submit a verification of licensure from
the original Canadian licensure authority and from the United States jurisdiction.
(d) An applicant who graduated from a nursing program in a country other than the
United States or Canadanew text begin , excluding Quebec,new text end must also satisfy the following requirements:
(1) present verification of graduation from a nursing education program which
prepared the applicant for the type of license for which the application has been submitted
and is determined to be equivalent to the education required in the same type of nursing
education programs in the United States as evaluated by a credentials evaluation service
acceptable to the board. The credentials evaluation service must submit the evaluation and
verification directly to the board;
(2) demonstrate successful completion of coursework to resolve identified nursing
education deficiencies; and
(3) pass examinations acceptable to the board that test written and spoken English,
unless the applicant graduated from a nursing education program conducted in English
and located in an English-speaking country. The results of the examinations must be
submitted directly to the board from the testing service.
(e) An applicant failing to pass the examination may apply for reexamination.
(f) When the applicant has met all requirements stated in this subdivision, the board
shall issue a license to the applicant. The board may issue a license with conditions and
limitations if it considers it necessary to protect the public.
Sec. 3.
Minnesota Statutes 2010, section 148.212, subdivision 1, is amended to read:
Subdivision 1.
Issuance.
Upon receipt of the applicable licensure or reregistration
fee and permit fee, and in accordance with rules of the board, the board may issue
a nonrenewable temporary permit to practice professional or practical nursing to an
applicant for licensure or reregistration who is not the subject of a pending investigation
or disciplinary action, nor disqualified for any other reason, under the following
circumstances:
(a) deleted text begin The applicant for licensure by examination under section 148.211, subdivision
1, has graduated from an approved nursing program within the 60 days preceding board
receipt of an affidavit of graduation or transcript and has been authorized by the board to
write the licensure examination for the first time in the United States. The permit holder
must practice professional or practical nursing under the direct supervision of a registered
nurse. The permit is valid from the date of issue until the date the board takes action on
the application or for 60 days whichever occurs first.
deleted text end
deleted text begin (b)deleted text end The applicant for licensure by endorsement under section 148.211, subdivision 2,
is currently licensed to practice professional or practical nursing in another state, territory,
or Canadian province. The permit is valid deleted text begin from submission of a proper requestdeleted text end until the
date of board action on the applicationnew text begin or for 60 days, whichever comes firstnew text end .
deleted text begin (c)deleted text end new text begin (b)new text end The applicant for licensure by endorsement under section 148.211,
subdivision 2, or for reregistration under section 148.231, subdivision 5, is currently
registered in a formal, structured refresher course or its equivalent for nurses that includes
clinical practice.
deleted text begin
(d) The applicant for licensure by examination under section 148.211, subdivision
1, who graduated from a nursing program in a country other than the United States or
Canada has completed all requirements for licensure except registering for and taking the
nurse licensure examination for the first time in the United States. The permit holder must
practice professional nursing under the direct supervision of a registered nurse. The permit
is valid from the date of issue until the date the board takes action on the application or for
60 days, whichever occurs first.
deleted text end
Sec. 4.
Minnesota Statutes 2010, section 148.231, is amended to read:
148.231 REGISTRATION; FAILURE TO REGISTER; REREGISTRATION;
VERIFICATION.
Subdivision 1.
Registration.
Every person licensed to practice professional or
practical nursing must maintain with the board a current registration for practice as a
registered nurse or licensed practical nurse which must be renewed at regular intervals
established by the board by rule. No deleted text begin certificate ofdeleted text end registration shall be issued by the board
to a nurse until the nurse has submitted satisfactory evidence of compliance with the
procedures and minimum requirements established by the board.
The fee for periodic registration for practice as a nurse shall be determined by the
board by deleted text begin ruledeleted text end new text begin lawnew text end . deleted text begin A penalty fee shall be added for any application received after the
required date as specified by the board by rule.deleted text end Upon receipt of the application and the
required fees, the board shall verify the application and the evidence of completion of
continuing education requirements in effect, and thereupon issue to the nurse deleted text begin a certificate
ofdeleted text end registration for the next renewal period.
Subd. 4.
Failure to register.
Any person licensed under the provisions of sections
148.171 to 148.285 who fails to register within the required period shall not be entitled to
practice nursing in this state as a registered nurse or licensed practical nurse.
Subd. 5.
Reregistration.
A person whose registration has lapsed desiring to
resume practice shall make application for reregistration, submit satisfactory evidence of
compliance with the procedures and requirements established by the board, and pay the
deleted text begin registrationdeleted text end new text begin reregistrationnew text end fee for the current period to the board. A penalty fee shall be
required from a person who practiced nursing without current registration. Thereupon,deleted text begin thedeleted text end
registration deleted text begin certificatedeleted text end shall be issued to the person who shall immediately be placed on
the practicing list as a registered nurse or licensed practical nurse.
Subd. 6.
Verification.
A person licensed under the provisions of sections 148.171 to
148.285 who requests the board to verify a Minnesota license to another state, territory,
or country or to an agency, facility, school, or institution shall pay a fee deleted text begin to the boarddeleted text end
for each verification.
Sec. 5.
new text begin
[148.242] FEES.
new text end
new text begin
The fees specified in section 148.243 are nonrefundable and must be deposited in
the state government special revenue fund.
new text end
Sec. 6.
new text begin
[148.243] FEE AMOUNTS.
new text end
new text begin Subdivision 1. new text end
new text begin Licensure by examination. new text end
new text begin
The fee for licensure by examination is
$105.
new text end
new text begin Subd. 2. new text end
new text begin Reexamination fee. new text end
new text begin
The reexamination fee is $60.
new text end
new text begin Subd. 3. new text end
new text begin Licensure by endorsement. new text end
new text begin
The fee for licensure by endorsement is $105.
new text end
new text begin Subd. 4. new text end
new text begin Registration renewal. new text end
new text begin
The fee for registration renewal is $85.
new text end
new text begin Subd. 5. new text end
new text begin Reregistration. new text end
new text begin
The fee for reregistration is $145.
new text end
new text begin Subd. 6. new text end
new text begin Replacement license. new text end
new text begin
The fee for a replacement license is $20.
new text end
new text begin Subd. 7. new text end
new text begin Public health nurse certification. new text end
new text begin
The fee for public health nurse
certification is $30.
new text end
new text begin Subd. 8. new text end
new text begin
Drug Enforcement Administration verification for Advanced Practice
Registered Nurse (APRN).
new text end
new text begin
The Drug Enforcement Administration verification for
APRN is $50.
new text end
new text begin Subd. 9. new text end
new text begin Licensure verification other than through Nursys. new text end
new text begin
The fee for
verification of licensure status other than through Nursys verification is $20.
new text end
new text begin Subd. 10. new text end
new text begin Verification of examination scores. new text end
new text begin
The fee for verification of
examination scores is $20.
new text end
new text begin Subd. 11. new text end
new text begin Microfilmed licensure application materials. new text end
new text begin
The fee for a copy of
microfilmed licensure application materials is $20.
new text end
new text begin Subd. 12. new text end
new text begin Nursing business registration; initial application. new text end
new text begin
The fee for the initial
application for nursing business registration is $100.
new text end
new text begin Subd. 13. new text end
new text begin Nursing business registration; annual application. new text end
new text begin
The fee for the
annual application for nursing business registration is $25.
new text end
new text begin Subd. 14. new text end
new text begin Practicing without current registration. new text end
new text begin
The fee for practicing without
current registration is two times the amount of the current registration renewal fee for any
part of the first calendar month, plus the current registration renewal fee for any part of
any subsequent month up to 24 months.
new text end
new text begin Subd. 15. new text end
new text begin Practicing without current APRN certification. new text end
new text begin
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.
new text end
new text begin Subd. 16. new text end
new text begin Dishonored check fee. new text end
new text begin
The service fee for a dishonored check is as
provided in section 604.113.
new text end
Sec. 7. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2010, section 148.211, subdivision 2a,
new text end
new text begin
is repealed.
new text end
new text begin
Minnesota Rules, parts 6310.3100, subpart 2; 6310.3600; and 6310.3700, subpart
1,
new text end
new text begin
are repealed.
new text end