1.1                          A bill for an act 
  1.2             relating to health; nurses; modifying licensure and 
  1.3             certification requirements; amending Minnesota 
  1.4             Statutes 2002, sections 148.211, subdivision 1; 
  1.5             148.284; Minnesota Statutes 2003 Supplement, section 
  1.6             148.212, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 148.211, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [LICENSURE BY EXAMINATION.] (a) An 
  1.11  applicant for a license to practice as a registered nurse or 
  1.12  licensed practical nurse shall apply to the board for a license 
  1.13  by examination on forms prescribed by the board and pay a fee in 
  1.14  an amount determined by ~~rule~~ statute.  An applicant applying for 
  1.15  reexamination shall pay a fee in an amount determined by 
  1.16  ~~rule~~ law.  In no case may fees be refunded. 
  1.17     ~~Before being scheduled for examination, the applicant shall~~ 
  1.18  ~~provide written evidence verified by oath that the applicant (1)~~ 
  1.19  ~~has not engaged in conduct warranting disciplinary action as set~~ 
  1.20  ~~forth in section 148.261; (2) meets secondary education~~ 
  1.21  ~~requirements as determined by the board and other preliminary~~ 
  1.22  ~~qualification requirements the board may prescribe by rule; and~~ 
  1.23  ~~(3) has completed a course of study in a nursing program~~ 
  1.24  ~~approved by the board, another United States nursing board, or a~~ 
  1.25  ~~Canadian province.  An applicant who graduates from a nursing~~ 
  1.26  ~~program in another country, except Canada, must also~~ 
  2.1   ~~successfully complete the Commission on Graduates of Foreign~~ 
  2.2   ~~Nursing Schools Qualifying Examination.  The nursing program~~ 
  2.3   ~~must be approved for the preparation of applicants for the type~~ 
  2.4   ~~of license for which the application has been submitted.~~ 
  2.5      ~~The applicant must pass a written examination in the~~ 
  2.6   ~~subjects the board may determine.  Written examination includes~~ 
  2.7   ~~both paper and pencil examinations and examinations administered~~ 
  2.8   ~~with a computer and related technology.  Each written~~ 
  2.9   ~~examination may be supplemented by an oral or practical~~ 
  2.10  ~~examination.~~  (b) The applicant must satisfy the following 
  2.11  requirements for licensure by examination: 
  2.12     (1) present evidence the applicant has not engaged in 
  2.13  conduct warranting disciplinary action as set forth in section 
  2.14  148.261; 
  2.15     (2) present evidence of completion of a nursing education 
  2.16  program approved by the board, another United States nursing 
  2.17  board, or a Canadian province which prepared the applicant for 
  2.18  the type of license for which the application has been 
  2.19  submitted; and 
  2.20     (3) pass a national nurse licensure written examination.  
  2.21  "Written examination" includes paper and pencil examinations and 
  2.22  examinations administered with a computer and related technology 
  2.23  and may include supplemental oral or practical examinations 
  2.24  approved by the board.  
  2.25     (c) An applicant who graduated from an approved nursing 
  2.26  education program in Canada and was licensed in Canada or 
  2.27  another United States jurisdiction without passing the national 
  2.28  nurse licensure examination, must also submit a verification of 
  2.29  licensure from the original Canadian licensure authority and 
  2.30  from the United States jurisdiction. 
  2.31     (d) An applicant who graduated from a nursing program in a 
  2.32  country other than the United States or Canada must also satisfy 
  2.33  the following requirements: 
  2.34     (1) present verification of graduation from a nursing 
  2.35  education program which prepared the applicant for the type of 
  2.36  license for which the application has been submitted and is 
  3.1   determined to be equivalent to the education required in the 
  3.2   same type of nursing education programs in the United States as 
  3.3   evaluated by a credentials evaluation service acceptable to the 
  3.4   board.  The credentials evaluation service must submit the 
  3.5   evaluation and verification directly to the board; 
  3.6      (2) demonstrate successful completion of coursework to 
  3.7   resolve identified nursing education deficiencies; and 
  3.8      (3) pass examinations acceptable to the board that test 
  3.9   written and spoken English, unless the applicant graduated from 
  3.10  a nursing education program conducted in English and located in 
  3.11  an English-speaking country.  The results of the examinations 
  3.12  must be submitted directly to the board from the testing service.
  3.13     (e) An applicant failing to pass the examination may apply 
  3.14  for reexamination. 
  3.15     ~~Upon submission by the applicant of an affidavit of~~ 
  3.16  ~~graduation or transcript from an approved nursing program as~~ 
  3.17  ~~well as proof that the applicant has passed the examination,~~ 
  3.18  ~~paid the required fees, and~~ (f) When the applicant has met all 
  3.19  ~~other~~ requirements stated in this subdivision, the board shall 
  3.20  issue a license to the applicant.  The board may issue a license 
  3.21  with conditions and limitations if it considers it necessary to 
  3.22  protect the public.  
  3.23     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  3.24  148.212, subdivision 1, is amended to read: 
  3.25     Subdivision 1.  [ISSUANCE.] Upon receipt of the applicable 
  3.26  licensure or reregistration fee and permit fee, and in 
  3.27  accordance with rules of the board, the board may issue a 
  3.28  nonrenewable temporary permit to practice professional or 
  3.29  practical nursing to an applicant for licensure or 
  3.30  reregistration who is not the subject of a pending investigation 
  3.31  or disciplinary action, nor disqualified for any other reason, 
  3.32  under the following circumstances: 
  3.33     (a) The applicant for licensure by examination under 
  3.34  section 148.211, subdivision 1, has graduated from an approved 
  3.35  nursing program within the 60 days preceding board receipt of an 
  3.36  affidavit of graduation or transcript and has been authorized by 
  4.1   the board to write the licensure examination for the first time 
  4.2   in the United States.  The permit holder must practice 
  4.3   professional or practical nursing under the direct supervision 
  4.4   of a registered nurse.  The permit is valid from the date of 
  4.5   issue until the date the board takes action on the application 
  4.6   or for 60 days whichever occurs first. 
  4.7      (b) The applicant for licensure by endorsement under 
  4.8   section 148.211, subdivision 2, is currently licensed to 
  4.9   practice professional or practical nursing in another state, 
  4.10  territory, or Canadian province.  The permit is valid from 
  4.11  submission of a proper request until the date of board action on 
  4.12  the application. 
  4.13     (c) The applicant for licensure by endorsement under 
  4.14  section 148.211, subdivision 2, or for reregistration under 
  4.15  section 148.231, subdivision 5, is currently registered in a 
  4.16  formal, structured refresher course or its equivalent for nurses 
  4.17  that includes clinical practice. 
  4.18     (d) The applicant for licensure by examination under 
  4.19  section 148.211, subdivision 1, ~~has been issued a Commission on~~ 
  4.20  ~~Graduates of Foreign Nursing Schools certificate,~~ who graduated 
  4.21  from a nursing program in a country other than the United States 
  4.22  or Canada has completed all requirements for licensure 
  4.23  except ~~the~~ registering for and taking the nurse licensure 
  4.24  examination~~, and has been authorized by the board to write the~~ 
  4.25  ~~licensure examination~~ for the first time in the United States.  
  4.26  The permit holder must practice professional nursing under the 
  4.27  direct supervision of a registered nurse.  The permit is valid 
  4.28  from the date of issue until the date the board takes action on 
  4.29  the application or for 60 days, whichever occurs first. 
  4.30     Sec. 3.  Minnesota Statutes 2002, section 148.284, is 
  4.31  amended to read: 
  4.32     148.284 [CERTIFICATION OF ADVANCED PRACTICE REGISTERED 
  4.33  NURSES.] 
  4.34     (a) No person shall practice advanced practice registered 
  4.35  nursing or use any title, abbreviation, or other designation 
  4.36  tending to imply that the person is an advanced practice 
  5.1   registered nurse, clinical nurse specialist, nurse anesthetist, 
  5.2   nurse-midwife, or nurse practitioner unless the person is 
  5.3   certified for such advanced practice registered nursing by a 
  5.4   national nurse certification organization. 
  5.5      (b) ~~Paragraph~~ Paragraphs (a) ~~does~~ and (e) do not apply to 
  5.6   an advanced practice registered nurse who is within six months 
  5.7   after completion of an advanced practice registered nurse course 
  5.8   of study and is awaiting certification, provided that the person 
  5.9   has not previously failed the certification examination.  
  5.10     (c) An advanced practice registered nurse who has completed 
  5.11  a formal course of study as an advanced practice registered 
  5.12  nurse and has been certified by a national nurse certification 
  5.13  organization prior to January 1, 1999, may continue to practice 
  5.14  in the field of nursing in which the advanced practice 
  5.15  registered nurse is practicing as of July 1, 1999, regardless of 
  5.16  the type of certification held if the advanced practice 
  5.17  registered nurse is not eligible for the proper certification. 
  5.18     (d) Prior to July 1, 2007, a clinical nurse specialist may 
  5.19  petition the board for waiver from the certification requirement 
  5.20  in paragraph (a) if the clinical nurse specialist is 
  5.21  academically prepared as a clinical nurse specialist in a 
  5.22  specialty area for which there is no certification within the 
  5.23  clinical nurse specialist role and specialty or a related 
  5.24  specialty.  The board may determine that an available 
  5.25  certification as a clinical nurse specialist in a related 
  5.26  specialty must be obtained in lieu of the specific specialty or 
  5.27  subspecialty.  The petitioner must be academically prepared as a 
  5.28  clinical nurse specialist in a specific field of clinical nurse 
  5.29  specialist practice with a master's degree in nursing that 
  5.30  included clinical experience in the clinical specialty and must 
  5.31  have 1,000 hours of supervised clinical experience in the 
  5.32  clinical specialty for which the individual was academically 
  5.33  prepared with a minimum of 500 hours of supervised clinical 
  5.34  practice after graduation.  The board may grant a nonrenewable 
  5.35  permit for no longer than 12 months for the supervised 
  5.36  postgraduate clinical experience.  The board may renew the 
  6.1   waiver for three-year periods provided the clinical nurse 
  6.2   specialist continues to be ineligible for certification as a 
  6.3   clinical nurse specialist by an organization acceptable to the 
  6.4   board. 
  6.5      (e) An advanced practice registered nurse who practices 
  6.6   advanced practice registered nursing without current 
  6.7   certification or current waiver of certification as a clinical 
  6.8   nurse specialist, nurse midwife, nurse practitioner, or 
  6.9   registered nurse anesthetist, or practices with current 
  6.10  certification but fails to notify the board of current 
  6.11  certification, shall pay a penalty fee of $200 for the first 
  6.12  month or part of a month and an additional $100 for each 
  6.13  subsequent month or parts of months of practice.  The amount of 
  6.14  the penalty fee shall be calculated from the first day the 
  6.15  advanced practice registered nurse practiced without current 
  6.16  advanced practice registered nurse certification or current 
  6.17  waiver of certification to the date of last practice or from the 
  6.18  first day the advanced practice registered nurse practiced 
  6.19  without the current status on file with the board until the day 
  6.20  the current certification is filed with the board.