Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 88-H.F.No. 945 
           An act relating to occupations and professions; 
          modifying the membership of the board of nursing; 
          requiring a certain examination for licensure of 
          graduates from nursing programs in other countries; 
          modifying requirements for a temporary permit; adding 
          grounds for disciplinary action; amending Minnesota 
          Statutes 1992, sections 148.181, subdivisions 1 and 3; 
          148.211, subdivision 1; 148.212; and 148.261, 
          subdivision 1.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 148.181, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MEMBERSHIP.] The board of nursing shall 
consist consists of 11 16 members appointed by the governor, 
each of whom shall must be a resident of this state.  Five Eight 
members shall must be registered nurses, each of whom shall must 
have graduated from an approved school of nursing, shall must be 
licensed and currently registered as a registered nurse in this 
state, and shall must have had at least five years experience in 
nursing practice, nursing administration, or nursing education 
immediately preceding appointment.  One of the five shall eight 
must have had at least two years executive or teaching 
experience in a professional baccalaureate degree nursing 
program approved by the board under section 148.251 during the 
five years immediately preceding appointment, one of the eight 
must have had at least two years executive or teaching 
experience in an associate degree nursing program approved by 
the board under section 148.251 during the five years 
immediately preceding appointment, and one of the five shall 
eight must have had at least two years executive or teaching 
experience in a practical nursing program approved by the board 
under section 148.251 during the five years immediately 
preceding appointment, and one of the eight must have national 
certification as a registered nurse anesthetist, nurse 
practitioner, nurse midwife, or clinical nurse 
specialist.  Three Four of the eight must have had at least five 
years of experience in nursing practice or nursing 
administration immediately preceding appointment.  Four members 
shall must be licensed practical nurses, each of whom shall 
must have graduated from an approved school of nursing, shall 
must be licensed and currently registered as a licensed 
practical nurse in this state, and shall must have had at least 
five years experience in nursing practice immediately preceding 
appointment.  The remaining three four members shall must be 
public members as defined by section 214.02. 
    A member may be reappointed but may not serve more than two 
full terms consecutively.  The governor shall attempt to make 
appointments to the board that reflect the geography of the 
state.  The board members who are nurses should as a whole 
reflect the broad mix of practice types and sites of nurses 
practicing in Minnesota. 
    Membership terms, compensation of members, removal of 
members, the filling of membership vacancies, and fiscal year 
and reporting requirements shall be are as provided in sections 
214.07 to 214.09.  Any nurse on the board who during incumbency 
permanently ceases to be actively engaged in the practice of 
nursing or otherwise becomes disqualified for board membership 
is automatically removed, and the governor shall fill the 
vacancy.  The provision of staff, administrative services, and 
office space; the review and processing of complaints; the 
setting of board fees; and other provisions relating to board 
operations shall be are as provided in sections 148.171 to 
148.285 and chapter 214.  Each member of the board shall file 
with the secretary of state the constitutional oath of office 
before beginning the term of office. 
    Sec. 2.  Minnesota Statutes 1992, section 148.181, 
subdivision 3, is amended to read: 
    Subd. 3.  [DISCLOSURE.] All communications or information 
received by or disclosed to the board relating to any person or 
matter subject to its regulatory jurisdiction, and all records 
of any action or proceedings, except a final decision of the 
board, are private data on individuals as defined in section 
13.02, subdivision 12, and any A disciplinary hearing shall must 
be closed to the public. 
    Upon application of a party in a proceeding before the 
board under section 148.261, the board shall produce and permit 
the inspection and copying, by or on behalf of the moving party, 
of any designated documents or papers relevant to the 
proceedings, in accordance with rule 34 of the Minnesota rules 
of civil procedure. 
    Sec. 3.  Minnesota Statutes 1992, section 148.211, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LICENSURE BY EXAMINATION.] 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 rule.  An applicant applying for 
reexamination shall pay a fee in an amount determined by rule. 
In no case shall may fees be refunded. 
    Before being scheduled for examination, the applicant shall 
provide written evidence verified by oath that the applicant (1) 
has not engaged in conduct warranting disciplinary action as set 
forth in section 148.261; (2) meets secondary education 
requirements as determined by the board and other preliminary 
qualification requirements the board may prescribe by rule; and 
(3) either has completed a course of study in a nursing program 
approved by the board or is enrolled in the final term of study 
in such program, another United States nursing board, or a 
Canadian province.  An applicant who graduates from a nursing 
program in another country, except Canada, must also 
successfully complete the Commission on Graduates of Foreign 
Nursing Schools Qualifying Examination.  The nursing program 
must be approved for the preparation of applicants for the type 
of license for which the application has been submitted. 
    The applicant shall be required to must pass a written 
examination in the subjects the board may determine.  Written 
examination includes both paper and pencil examinations and 
examinations administered with a computer and related technology.
Each written examination may be supplemented by an oral or 
practical examination.  An applicant failing to pass the 
examination may apply for reexamination. 
    Upon submission by the applicant of an affidavit of 
graduation or transcript from an approved nursing program as 
well as proof that the applicant has passed the examination, 
paid the required fees, and met all other 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. 4.  Minnesota Statutes 1992, section 148.212, is 
amended to read: 
    148.212 [TEMPORARY PERMIT.] 
    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) 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 applied been 
authorized by the board to write the first licensure examination 
for licensure given by the board following graduation 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 graduation issue until the date the board takes action on the 
application or for 60 days whichever occurs first. 
    (b) The applicant for licensure under section 148.211, 
subdivision 2, has graduated from an approved nursing program in 
another state or territory and has written the first examination 
for licensure given by that jurisdiction's board following 
graduation.  The examination must be the same examination 
required under section 148.211.  The permit holder must practice 
professional or practical nursing under the direct supervision 
of a registered nurse.  The permit shall be valid from the date 
of graduation or completion of the examination, whichever is 
later, until the date of board action on the application. 
    (c) 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 shall be is valid 
from submission of a proper request until the date of board 
action on the application. 
    (d) (c) 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. 
    Sec. 5.  Minnesota Statutes 1992, section 148.261, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GROUNDS LISTED.] The board shall have 
power to may deny, revoke, suspend, limit, or condition the 
license and registration of any person to practice professional 
or practical nursing pursuant to under sections 148.171 to 
148.285, or to otherwise discipline a licensee or applicant as 
described in section 148.262.  The following are grounds for 
disciplinary action: 
    (1) Failure to demonstrate the qualifications or satisfy 
the requirements for a license contained in sections 148.171 to 
148.285 or rules of the board.  In the case of a person applying 
for a license, the burden of proof is upon the applicant to 
demonstrate the qualifications or satisfaction of the 
requirements. 
    (2) Employing fraud or deceit in procuring or attempting to 
procure a permit, license, or registration certificate to 
practice professional or practical nursing or attempting to 
subvert the licensing examination process.  Conduct that 
subverts or attempts to subvert the licensing examination 
process includes, but is not limited to:  
    (i) conduct that violates the security of the examination 
materials, such as removing examination materials from the 
examination room or having unauthorized possession of any 
portion of a future, current, or previously administered 
licensing examination; 
      (ii) conduct that violates the standard of test 
administration, such as communicating with another examinee 
during administration of the examination, copying another 
examinee's answers, permitting another examinee to copy one's 
answers, or possessing unauthorized materials; or 
      (iii) impersonating an examinee or permitting an 
impersonator to take the examination on one's own behalf. 
      (3) Conviction during the previous five years of a felony 
or gross misdemeanor reasonably related to the practice of 
professional or practical nursing.  Conviction as used in this 
subdivision shall include includes a conviction of an offense 
that if committed in this state would be considered a felony or 
gross misdemeanor without regard to its designation elsewhere, 
or a criminal proceeding where a finding or verdict of guilt is 
made or returned but the adjudication of guilt is either 
withheld or not entered. 
      (4) Revocation, suspension, limitation, conditioning, or 
other disciplinary action against the person's professional or 
practical nursing license in another state, territory, or 
country; failure to report to the board that charges regarding 
the person's nursing license are pending in another state, 
territory, or country; or having been refused a license by 
another state, territory, or country. 
      (5) Failure to or inability to perform professional or 
practical nursing as defined in section 148.171, paragraph (3) 
or (5), with reasonable skill and safety, including failure of a 
registered nurse to supervise or a licensed practical nurse to 
monitor adequately the performance of acts by any person working 
at the nurse's direction. 
    (6) Engaging in unprofessional conduct, including, but not 
limited to, a departure from or failure to conform to board 
rules of professional or practical nursing practice that 
interpret the statutory definition of professional or practical 
nursing as well as provide criteria for violations of the 
statutes, or, if no rule exists, to the minimal standards of 
acceptable and prevailing professional or practical nursing 
practice, or any nursing practice that may create unnecessary 
danger to a patient's life, health, or safety.  Actual injury to 
a patient need not be established under this clause.  
     (7) Delegating or accepting the delegation of a nursing 
function or a prescribed health care function when the 
delegation or acceptance could reasonably be expected to result 
in unsafe or ineffective patient care. 
     (8) Actual or potential inability to practice nursing with 
reasonable skill and safety to patients by reason of illness, 
use of alcohol, drugs, chemicals, or any other material, or as a 
result of any mental or physical condition.  
     (9) Adjudication as mentally incompetent, mentally ill, a 
chemically dependent person, or a person dangerous to the public 
by a court of competent jurisdiction, within or without this 
state.  
    (10) Engaging in any unethical conduct, including, but not 
limited to, conduct likely to deceive, defraud, or harm the 
public, or demonstrating a willful or careless disregard for the 
health, welfare, or safety of a patient.  Actual injury need not 
be established under this clause.  
     (11) Engaging in conduct with a patient that is sexual or 
may reasonably be interpreted by the patient as sexual, or in 
any verbal behavior that is seductive or sexually demeaning to a 
patient, or engaging in sexual exploitation of a patient or 
former patient.  
     (12) Obtaining money, property, or services from a patient, 
other than reasonable fees for services provided to the patient, 
through the use of undue influence, harassment, duress, 
deception, or fraud. 
     (13) Revealing a privileged communication from or relating 
to a patient except when otherwise required or permitted by law. 
     (14) Engaging in abusive or fraudulent billing practices, 
including violations of federal Medicare and Medicaid laws or 
state medical assistance laws. 
     (15) Improper management of patient records, including 
failure to maintain adequate patient records, to comply with a 
patient's request made pursuant to section 144.335, or to 
furnish a patient record or report required by law.  
     (16) Knowingly aiding, assisting, advising, or allowing an 
unlicensed person to engage in the unlawful practice of 
professional or practical nursing.  
     (17) Violating a rule adopted by the board, an order of the 
board, or a state or federal law relating to the practice of 
professional or practical nursing, or a state or federal 
narcotics or controlled substance law. 
     (18) Knowingly providing false or misleading information 
that is directly related to the care of that patient unless done 
for an accepted therapeutic purpose such as the administration 
of a placebo. 
     (19) Aiding suicide or aiding attempted suicide in 
violation of section 609.215 as established by any of the 
following: 
     (i) a copy of the record of criminal conviction or plea of 
guilty for a felony in violation of section 609.215, subdivision 
1 or 2; 
     (ii) a copy of the record of a judgment of contempt of 
court for violating an injunction issued under section 609.215, 
subdivision 4; 
     (iii) a copy of the record of a judgment assessing damages 
under section 609.215, subdivision 5; or 
     (iv) a finding by the board that the person violated 
section 609.215, subdivision 1 or 2.  The board shall 
investigate any complaint of a violation of section 609.215, 
subdivision 1 or 2. 
    (20) Practicing outside the scope of practice authorized by 
section 148.171, paragraph (3) or (5). 
    (21) Making a false statement or knowingly providing false 
information to the board, failing to make reports as required by 
section 148.263, or failing to cooperate with an investigation 
of the board as required by section 148.265. 
    (22) Engaging in false, fraudulent, deceptive, or 
misleading advertising.  
    Sec. 6.  [EFFECTIVE DATE.] 
    Sections 1 to 5 are effective the day following final 
enactment; except that the conditions in section 4, paragraphs 
(a) and (b) are effective for persons applying to take a 
licensing examination after February 28, 1994. 
    Presented to the governor May 3, 1993 
    Signed by the governor May 5, 1993, 6:18 p.m.