Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 470-S.F.No. 1806 
                  An act relating to nursing; allowing certified 
                  clinical specialists in psychiatric or mental health 
                  nursing to prescribe and administer drugs; 
                  appropriating money; amending Minnesota Statutes 1992, 
                  section 148.235, by adding subdivisions; Minnesota 
                  Statutes 1993 Supplement, section 148.235, subdivision 
                  2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        148.235, subdivision 2, is amended to read: 
           Subd. 2.  [NURSE PRACTITIONERS.] (a)  [PRESCRIBING 
        AUTHORITY.] A registered nurse who (1) has graduated from a 
        program of study designed to prepare registered nurses for 
        advanced practice as nurse practitioners, (2) is certified 
        through a national professional nursing organization which 
        certifies nurse practitioners and is included in the list of 
        professional nursing organizations adopted by the board under 
        section 62A.15, subdivision 3a, and (3) has a written agreement 
        with a physician based on standards established by the Minnesota 
        nurses association and the Minnesota medical association that 
        defines the delegated responsibilities related to the 
        prescription of drugs and therapeutic devices, may prescribe and 
        administer drugs and therapeutic devices within the scope of the 
        written agreement and within practice as a nurse practitioner.  
           (b)  [RULES.] By July 1, 1991, the board shall promulgate 
        rules to provide for the following:  
           (1) a system of identifying nurse practitioners eligible to 
        prescribe drugs and therapeutic devices; 
           (2) a method of determining which general categories of 
        prescription drugs and therapeutic devices have been delegated 
        to each nurse practitioner; 
           (3) a system of transmitting to pharmacists information 
        concerning nurse practitioners eligible to prescribe drugs and 
        therapeutic devices and the types of drugs and therapeutic 
        devices they have been delegated the authority to prescribe; and 
           (4) a fee to the nurse practitioner who seeks prescribing 
        authority in an amount sufficient to cover the board's ongoing 
        costs relating to monitoring and regulating the prescribing 
        authority of nurse practitioners.  
           Sec. 2.  Minnesota Statutes 1992, section 148.235, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [CLINICAL SPECIALISTS IN PSYCHIATRIC AND MENTAL 
        HEALTH NURSING.] A registered nurse who (1) has a masters 
        degree, (2) is certified through a national professional nursing 
        organization which certifies clinical specialists in psychiatric 
        and mental health nursing and is included in the list of 
        professional nursing organizations adopted by the board under 
        section 62A.15, subdivision 3a, (3) has successfully completed 
        no less than 30 hours of formal study in the prescribing of 
        psychotropic medications and medications to treat their side 
        effects which included instruction in health assessment, 
        psychotropic classifications, psychopharmacology, indications, 
        dosages, contraindications, side effects, and evidence of 
        application, and (4) has a written agreement with a psychiatrist 
        based on standards established by the Minnesota nurses 
        association and the Minnesota psychiatric association that 
        specifies and defines the delegated responsibilities related to 
        the prescription of drugs in relationship to the diagnosis, may 
        prescribe and administer drugs used to treat psychiatric and 
        behavioral disorders and the side effects of those drugs within 
        the scope of the written agreement and within practice as a 
        clinical specialist in psychiatric and mental health nursing. 
           Nothing in this subdivision removes or limits the legal 
        professional liability of the treating psychiatrist, clinical 
        nurse specialist, mental health clinic or hospital for the 
        prescription and administration of drugs by a clinical 
        specialist in accordance with this subdivision. 
           Sec. 3.  Minnesota Statutes 1992, section 148.235, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [RULES.] (a) The board shall promulgate rules to 
        provide for the following: 
           (1) a system of identifying advanced practice nurses 
        eligible to prescribe drugs as authorized under this section; 
           (2) a system of transmitting to pharmacists the identity of 
        advanced practice nurses eligible to prescribe drugs; and 
           (3) a fee to nurse practitioners and certified clinical 
        specialists in psychiatric and mental health nursing who seek 
        prescribing authority. 
           (b) The repeal of section 148.235, subdivision 2, paragraph 
        (b), does not automatically repeal rules adopted under that 
        paragraph. 
           Sec. 4.  [APPROPRIATION.] 
           $15,000 is appropriated from the state government special 
        revenue fund to the board of nursing for fiscal year ending July 
        1, 1995, to administer sections 2 and 3. 
           Sec. 5.  [EFFECTIVE DATE.] 
           Sections 1 to 4 are effective the day following final 
        enactment. 
           Presented to the governor April 18, 1994 
           Signed by the governor April 20, 1994, 1:47 p.m.