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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 272-S.F.No. 2463 
                  An act relating to employment; regulating overtime for 
                  nurses; allowing reciprocity for border state nursing 
                  licensees; amending Minnesota Statutes 2000, sections 
                  148.211, by adding a subdivision; 148.261, subdivision 
                  1; proposing coding for new law in Minnesota Statutes, 
                  chapter 181. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 148.211, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [LICENSE RECOGNITION FOR NURSES FROM BORDER 
        STATES; RECIPROCITY.] (a) A license to practice professional or 
        practical nursing issued by Iowa, North Dakota, South Dakota, or 
        Wisconsin (border state) to a resident in that state must be 
        recognized by the board as authorizing a licensure privilege to 
        practice professional or practical nursing in Minnesota, if: 
           (1) the licensure standards in the state licensed are 
        substantially the same as Minnesota licensure standards; 
           (2) the border state has not taken adverse action against 
        the nurse license; 
           (3) the nurse is not participating in an alternative or 
        diversion program; or 
           (4) the nurse has not been refused a license to practice 
        nursing in Minnesota.  
           (b) Within ten days of employment by a hospital, clinic, 
        prepaid medical plan, or other health care institution or 
        organization located in this state, a nurse who practices 
        professional or practical nursing in Minnesota under the 
        authority of a licensure privilege as provided in this 
        subdivision shall report the employment to the board on a form 
        provided by the board.  The board shall maintain a list of the 
        nurses practicing in Minnesota under this subdivision.  
           (c) A nurse who practices professional or practical nursing 
        in Minnesota under the authority of a licensure privilege as 
        provided in this subdivision has the same obligations as if the 
        nurse was licensed in Minnesota and is subject to the laws and 
        rules of Minnesota and the regulatory authority of the board, 
        including taking all forms of disciplinary action provided for 
        in section 148.262, subdivision 1, and corrective action 
        provided for in section 214.103, subdivision 6, against an 
        individual's licensure privilege based on the grounds listed in 
        section 148.261, subdivision 1, any other statute authorizing or 
        requiring the board to take corrective or disciplinary action, 
        and issuing a cease and desist order to limit or revoke a 
        nurse's authority to practice in Minnesota.  The board is 
        authorized to recover from a nurse practicing professional or 
        practical nursing in Minnesota under this subdivision the cost 
        of proceedings as provided in section 148.262, subdivision 4.  
        The board shall promptly report any such actions to the border 
        state licensing board.  
           (d) The board shall seek reciprocity of nurse licensure 
        with Iowa, North Dakota, South Dakota, and Wisconsin.  Lack of 
        reciprocity does not limit the board's recognition of nurse 
        licenses from border states. 
           Sec. 2.  Minnesota Statutes 2000, section 148.261, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GROUNDS LISTED.] The board may deny, 
        revoke, suspend, limit, or condition the license and 
        registration of any person to practice professional, advanced 
        practice registered, or practical nursing 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, advanced practice registered, or practical nursing.
        Conviction as used in this subdivision 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 or advanced practice registered 
        nursing credential, in another state, territory, or country; 
        failure to report to the board that charges regarding the 
        person's nursing license or other credential are pending in 
        another state, territory, or country; or having been refused a 
        license or other credential by another state, territory, or 
        country. 
           (5) Failure to or inability to perform professional or 
        practical nursing as defined in section 148.171, subdivision 14 
        or 15, 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) Failure of an advanced practice registered nurse to 
        practice with reasonable skill and safety or departure from or 
        failure to conform to standards of acceptable and prevailing 
        advanced practice registered nursing.  
           (8) 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. 
           (9) 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.  
           (10) 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.  
           (11) 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.  
           (12) 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.  
           (13) 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. 
           (14) Revealing a privileged communication from or relating 
        to a patient except when otherwise required or permitted by law. 
           (15) Engaging in abusive or fraudulent billing practices, 
        including violations of federal Medicare and Medicaid laws or 
        state medical assistance laws. 
           (16) 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.  
           (17) Knowingly aiding, assisting, advising, or allowing an 
        unlicensed person to engage in the unlawful practice of 
        professional, advanced practice registered, or practical nursing.
           (18) Violating a rule adopted by the board, an order of the 
        board, or a state or federal law relating to the practice of 
        professional, advanced practice registered, or practical 
        nursing, or a state or federal narcotics or controlled substance 
        law. 
           (19) 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. 
           (20) 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. 
           (21) Practicing outside the scope of practice authorized by 
        section 148.171, subdivision 5, 10, 11, 13, 14, 15, or 21. 
           (22) Practicing outside the specific field of nursing 
        practice for which an advanced practice registered nurse is 
        certified unless the practice is authorized under section 
        148.284. 
           (23) 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. 
           (24) Engaging in false, fraudulent, deceptive, or 
        misleading advertising.  
           (25) Failure to inform the board of the person's 
        certification status as a nurse anesthetist, nurse-midwife, 
        nurse practitioner, or clinical nurse specialist. 
           (26) Engaging in clinical nurse specialist practice, 
        nurse-midwife practice, nurse practitioner practice, or 
        registered nurse anesthetist practice without current 
        certification by a national nurse certification organization 
        acceptable to the board, except during the period between 
        completion of an advanced practice registered nurse course of 
        study and certification, not to exceed six months or as 
        authorized by the board. 
           (27) Engaging in conduct that is prohibited under section 
        145.412. 
           (28) Failing to report employment to the board as required 
        by section 148.211, subdivision 2a, or knowingly aiding, 
        assisting, advising, or allowing a person to fail to report as 
        required by section 148.211, subdivision 2a.  
           Sec. 3.  [181.275] [REGULATING NURSES' OVERTIME.] 
           Subdivision 1.  [DEFINITIONS.] For purposes of this 
        section, the following terms have the meanings given them: 
           (1) "emergency" means a period when replacement staff are 
        not able to report for duty for the next shift or increased 
        patient need, because of unusual, unpredictable, or unforeseen 
        circumstances such as, but not limited to, an act of terrorism, 
        a disease outbreak, adverse weather conditions, or natural 
        disasters which impact continuity of patient care; 
           (2) "normal work period" means 12 or fewer consecutive 
        hours consistent with a predetermined work shift; 
           (3) "nurse" has the meaning given in section 148.171, 
        subdivision 9; and 
           (4) "taking action against" means discharging; 
        disciplining; threatening; reporting to the board of nursing; 
        discriminating against; or penalizing regarding compensation, 
        terms, conditions, location, or privileges of employment. 
           Subd. 2.  [PROHIBITED ACTIONS.] Except as provided in 
        subdivision 3, a hospital or other entity licensed under 
        sections 144.50 to 144.58, and its agent, or other health care 
        facility licensed by the commissioner of health, and the 
        facility's agent, is prohibited from taking action against a 
        nurse solely on the grounds that the nurse fails to accept an 
        assignment of additional consecutive hours at the facility in 
        excess of a normal work period, if the nurse declines to work 
        additional hours because doing so may, in the nurse's judgment, 
        jeopardize patient safety.  This subdivision does not apply to a 
        nursing facility, an intermediate care facility for persons with 
        mental retardation, a licensed boarding care facility, or a 
        housing with services establishment. 
           Subd. 3.  [EMERGENCY.] Notwithstanding subdivision 2, a 
        nurse may be scheduled for duty or required to continue on duty 
        for more than one normal work period in an emergency. 
           Subd. 4.  [EXCEPTION.] Section 645.241 does not apply to 
        violations of this section. 
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective January 1, 2003. 
           Presented to the governor March 22, 2002 
           Signed by the governor March 25, 2002, 2:13 p.m.