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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 108-H.F.No. 279 
                  An act relating to health; expanding authority of 
                  physician assistants and advanced practice registered 
                  nurses; amending Minnesota Statutes 2002, sections 
                  147A.09, subdivision 2; 169.345, subdivision 2a; 
                  253B.05, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 147A.09, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DELEGATION.] Patient services may include, but 
        are not limited to, the following, as delegated by the 
        supervising physician and authorized in the agreement: 
           (1) taking patient histories and developing medical status 
        reports; 
           (2) performing physical examinations; 
           (3) interpreting and evaluating patient data; 
           (4) ordering or performing diagnostic procedures; 
           (5) ordering or performing therapeutic procedures; 
           (6) providing instructions regarding patient care, disease 
        prevention, and health promotion; 
           (7) assisting the supervising physician in patient care in 
        the home and in health care facilities; 
           (8) creating and maintaining appropriate patient records; 
           (9) transmitting or executing specific orders at the 
        direction of the supervising physician; 
           (10) prescribing, administering, and dispensing legend 
        drugs and medical devices if this function has been delegated by 
        the supervising physician pursuant to and subject to the 
        limitations of section 147.34 and chapter 151.  Physician 
        assistants who have been delegated the authority to prescribe 
        controlled substances shall maintain a separate addendum to the 
        delegation form which lists all schedules and categories of 
        controlled substances which the physician assistant has the 
        authority to prescribe.  This addendum shall be maintained with 
        the physician-physician assistant agreement, and the delegation 
        form at the address of record; 
           (11) for physician assistants not delegated prescribing 
        authority, administering legend drugs and medical devices 
        following prospective review for each patient by and upon 
        direction of the supervising physician; 
           (12) functioning as an emergency medical technician with 
        permission of the ambulance service and in compliance with 
        section 144E.127, and ambulance service rules adopted by the 
        commissioner of health; and 
           (13) initiating evaluation and treatment procedures 
        essential to providing an appropriate response to emergency 
        situations; and 
           (14) certifying a physical disability under section 
        169.345, subdivision 2a.  
           Orders of physician assistants shall be considered the 
        orders of their supervising physicians in all practice-related 
        activities, including, but not limited to, the ordering of 
        diagnostic, therapeutic, and other medical services. 
           Sec. 2.  Minnesota Statutes 2002, section 169.345, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [PHYSICIAN'S, PHYSICIAN ASSISTANT'S, ADVANCED 
        PRACTICE REGISTERED NURSE'S, OR CHIROPRACTOR'S STATEMENT.] (a) 
        The commissioner shall develop a form for the physician's, 
        physician assistant's, advanced practice registered nurse's, or 
        chiropractor's statement.  The statement must be signed by a 
        licensed physician, registered physician assistant, advanced 
        practice registered nurse, or licensed chiropractor who 
        certifies that the applicant is a physically disabled person as 
        defined in subdivision 2.  The commissioner may request 
        additional information from the physician, physician assistant, 
        advanced practice registered nurse, or chiropractor if needed to 
        verify the applicant's eligibility.  The statement that the 
        applicant is a physically disabled person must specify whether 
        the disability is permanent or temporary, and if temporary, the 
        opinion of the physician, physician assistant, advanced practice 
        registered nurse, or chiropractor as to the duration of the 
        disability.  A physician, physician assistant, advanced practice 
        registered nurse, or chiropractor who fraudulently certifies to 
        the commissioner that a person is a physically disabled person 
        as defined in subdivision 2, and that the person is entitled to 
        the license plates authorized by section 168.021 or to the 
        certificate authorized by this section, is guilty of a 
        misdemeanor and is subject to a fine of $500. 
           (b) The commissioner may waive the requirement of providing 
        a statement of a licensed physician, registered physician 
        assistant, advanced practice registered nurse, or licensed 
        chiropractor, if the applicant has previously filed with the 
        commissioner a statement of a licensed physician, registered 
        physician assistant, advanced practice registered nurse, or 
        licensed chiropractor certifying that the applicant has a 
        permanent physical disability.  
           Sec. 3.  Minnesota Statutes 2002, section 253B.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PEACE OR HEALTH OFFICER AUTHORITY.] (a) A peace 
        or health officer may take a person into custody and transport 
        the person to a licensed physician or treatment facility if the 
        officer has reason to believe, either through direct observation 
        of the person's behavior, or upon reliable information of the 
        person's recent behavior and knowledge of the person's past 
        behavior or psychiatric treatment, that the person is mentally 
        ill or mentally retarded and in danger of injuring self or 
        others if not immediately detained.  A peace or health officer 
        or a person working under such officer's supervision, may take a 
        person who is believed to be chemically dependent or is 
        intoxicated in public into custody and transport the person to a 
        treatment facility.  If the person is intoxicated in public or 
        is believed to be chemically dependent and is not in danger of 
        causing self-harm or harm to any person or property, the peace 
        or health officer may transport the person home.  The peace or 
        health officer shall make written application for admission of 
        the person to the treatment facility.  The application shall 
        contain the peace or health officer's statement specifying the 
        reasons for and circumstances under which the person was taken 
        into custody.  If danger to specific individuals is a basis for 
        the emergency hold, the statement must include identifying 
        information on those individuals, to the extent practicable.  A 
        copy of the statement shall be made available to the person 
        taken into custody.  
           (b) As far as is practicable, a peace officer who provides 
        transportation for a person placed in a facility under this 
        subdivision may not be in uniform and may not use a vehicle 
        visibly marked as a law enforcement vehicle.  
           (c) A person may be admitted to a treatment facility for 
        emergency care and treatment under this subdivision with the 
        consent of the head of the facility under the following 
        circumstances:  (1) a written statement is made by the medical 
        officer on duty at the facility, or the officer's designee on 
        duty at the facility, if the designee is a licensed physician, a 
        registered physician assistant, or an advanced practice 
        registered nurse who is knowledgeable, trained, and practicing 
        in the diagnosis and treatment of mental illness or mental 
        retardation, that after preliminary examination the person has 
        symptoms of mental illness or mental retardation and appears to 
        be in danger of harming self or others if not immediately 
        detained; or (2) a written statement is made by the institution 
        program director or the director's designee on duty at the 
        facility after preliminary examination that the person has 
        symptoms of chemical dependency and appears to be in danger of 
        harming self or others if not immediately detained or is 
        intoxicated in public. 
           Presented to the governor May 23, 2003 
           Signed by the governor May 25, 2003, 10:34 p.m.