1.1                          A bill for an act 
  1.2             relating to professions; regulating advanced practice 
  1.3             registered nursing; amending Minnesota Statutes 1998, 
  1.4             sections 62A.15, subdivision 3a; 148.171; 148.191, 
  1.5             subdivision 2; 148.235; 148.261, subdivisions 1 and 5; 
  1.6             148.262, subdivision 1; 148.263, subdivisions 3 and 4; 
  1.7             148.271; 148.281, subdivision 1; 148.283; 245.462, 
  1.8             subdivision 18; and 245.4871, subdivision 27; 
  1.9             proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 148; repealing Minnesota Rules, chapter 6340. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 62A.15, 
  1.13  subdivision 3a, is amended to read: 
  1.14     Subd. 3a.  [NURSING SERVICES.] All benefits provided by a 
  1.15  policy or contract referred to in subdivision 1, relating to 
  1.16  expenses incurred for medical treatment or services of a duly 
  1.17  licensed physician must include services provided by a 
  1.18  registered nurse who is licensed pursuant to section 148.171 and 
  1.19  who is certified ~~by the profession to engage in~~ as an advanced 
  1.20  ~~nursing~~ practice registered nurse.  "Advanced ~~nursing~~ practice 
  1.21  registered nurse" ~~means the performance of health services by~~ 
  1.22  ~~professional nurses who have gained additional knowledge and~~ 
  1.23  ~~skills through an organized program of study and clinical~~ 
  1.24  ~~experience preparing nurses for advanced practice roles as nurse~~ 
  1.25  ~~anesthetists, nurse midwives, nurse practitioners, or clinical~~ 
  1.26  ~~specialists in psychiatric or mental health nursing.  The~~ 
  1.27  ~~program of study must be beyond the education required for~~ 
  1.28  ~~registered nurse licensure and must meet criteria established by~~ 
  2.1   ~~the professional nursing organization having authority to~~ 
  2.2   ~~certify the registered nurse in advanced nursing practice.  For~~ 
  2.3   ~~the purposes of this subdivision, the board of nursing shall, by~~ 
  2.4   ~~rule, adopt a list of professional nursing organizations which~~ 
  2.5   ~~have the authority to certify nurses in advanced nursing~~ 
  2.6   ~~practice~~ has the meaning given in section 148.171, subdivision 
  2.7   2, paragraph (4).  The advanced practice registered nurse must 
  2.8   meet the requirements of sections 148.171 to 148.285.  
  2.9      This subdivision is intended to provide payment of benefits 
  2.10  for treatment and services by ~~a licensed registered nurse~~ 
  2.11  ~~certified in advanced nursing practice~~ an advanced practice 
  2.12  registered nurse as defined in this subdivision and is not 
  2.13  intended to add to the benefits provided for in these policies 
  2.14  or contracts. 
  2.15     Sec. 2.  Minnesota Statutes 1998, section 148.171, is 
  2.16  amended to read: 
  2.17     148.171 [DEFINITIONS; TITLE.] 
  2.18     Subdivision 1.  [TITLE.] Sections 148.171 to 148.285 shall 
  2.19  be referred to as the Minnesota Nurse Practice Act. 
  2.20     Subd. 2.  [SCOPE.] As used in sections 148.171 to 148.285~~:~~, 
  2.21  the definitions in this section have the meanings given. 
  2.22     (1) "Board" means the Minnesota board of nursing. 
  2.23     (2) "Registered nurse," abbreviated R.N., means an 
  2.24  individual licensed by the board to practice professional 
  2.25  nursing.  
  2.26     (3) The "practice of professional nursing" means the 
  2.27  performance for compensation or personal profit of the 
  2.28  professional interpersonal service of:  (a) providing a nursing 
  2.29  assessment of the actual or potential health needs of 
  2.30  individuals, families, or communities; (b) providing nursing 
  2.31  care supportive to or restorative of life by functions such as 
  2.32  skilled ministration of nursing care, supervising and teaching 
  2.33  nursing personnel, health teaching and counseling, case finding, 
  2.34  and referral to other health resources; and (c) evaluating these 
  2.35  actions.  The practice of professional nursing includes both 
  2.36  independent nursing functions and delegated medical functions 
  3.1   which may be performed in collaboration with other health team 
  3.2   members, or may be delegated by the professional nurse to other 
  3.3   nursing personnel.  Independent nursing function may also be 
  3.4   performed autonomously.  The practice of professional nursing 
  3.5   requires that level of special education, knowledge, and skill 
  3.6   ordinarily expected of an individual who has completed an 
  3.7   approved professional nursing education program as described in 
  3.8   section 148.211, subdivision 1.  
  3.9      (4) "Advanced practice registered nurse," abbreviated APRN, 
  3.10  means an individual licensed as a registered nurse by the board 
  3.11  and certified by a national nurse certification organization 
  3.12  acceptable to the board to practice as a clinical nurse 
  3.13  specialist, nurse anesthetist, nurse-midwife, or nurse 
  3.14  practitioner. 
  3.15     (5) The "practice of advanced practice registered nursing" 
  3.16  means the performance of clinical nurse specialist practice, 
  3.17  nurse-midwife practice, nurse practitioner practice, or 
  3.18  registered nurse anesthetist practice as defined in paragraphs 
  3.19  (6), (9), (10), and (12).  The practice includes functioning as 
  3.20  a direct care provider, case manager, consultant, educator, and 
  3.21  researcher.  The advanced practice registered nurse must 
  3.22  practice within a health care system that provides for 
  3.23  consultation, collaborative management, and referral as 
  3.24  indicated by the health status of the patient. 
  3.25     (6) "Clinical nurse specialist practice" means the 
  3.26  provision of patient care in a particular specialty or 
  3.27  subspecialty of advanced practice registered nursing within the 
  3.28  context of collaborative management, and includes:  (i) 
  3.29  diagnosing illness and disease; (ii) providing nonpharmacologic 
  3.30  treatment, including psychotherapy; (iii) promoting wellness; 
  3.31  and (iv) preventing illness and disease.  The certified clinical 
  3.32  nurse specialist is certified for advanced practice registered 
  3.33  nursing in a specific field of clinical nurse specialist 
  3.34  practice.  
  3.35     (7) "Collaborative management" is a mutually agreed upon 
  3.36  plan between an advanced practice registered nurse and one or 
  4.1   more physicians or surgeons licensed under chapter 147 that 
  4.2   designates the scope of collaboration necessary to jointly 
  4.3   manage the care of patients.  The advanced practice registered 
  4.4   nurse and the one or more physicians must have experience in 
  4.5   providing care to patients with the same or similar medical 
  4.6   problems, except that certified registered nurse anesthetists 
  4.7   may continue to provide anesthesia in collaboration with 
  4.8   physicians, including surgeons, podiatrists licensed under 
  4.9   chapter 153, and dentists licensed under chapter 150A.  
  4.10  Certified registered nurse anesthetists must provide anesthesia 
  4.11  services at the same hospital, clinic, or health care setting as 
  4.12  the physician, surgeon, podiatrist, or dentist. 
  4.13     (8) "Consultation" means the process in which an advanced 
  4.14  practice registered nurse who maintains primary management 
  4.15  responsibility for a patient's care seeks advice or opinion of a 
  4.16  physician or another member of the health care team. 
  4.17     (9) "Nurse-midwife practice" means the management of 
  4.18  women's primary health care, focusing on pregnancy, childbirth, 
  4.19  the postpartum period, care of the newborn, and the family 
  4.20  planning and gynecological needs of women and includes 
  4.21  diagnosing and providing nonpharmacologic treatment within the 
  4.22  context of collaborative management.  
  4.23     (10) "Nurse practitioner practice" means, within the 
  4.24  context of collaborative management:  (i) diagnosing, directly 
  4.25  managing, and preventing acute and chronic illness and disease; 
  4.26  and (ii) promoting wellness, including providing 
  4.27  nonpharmacologic treatment.  The certified nurse practitioner is 
  4.28  certified for advanced registered nurse practice in a specific 
  4.29  field of nurse practitioner practice.  
  4.30     (11) "Referral" means the process in which an advanced 
  4.31  practice registered nurse directs a patient to a physician or 
  4.32  another health care professional for management of a particular 
  4.33  problem or aspect of the patient's care. 
  4.34     (12) "Registered nurse anesthetist practice" means the 
  4.35  provision of anesthesia care and related services within the 
  4.36  context of collaborative management, including selecting, 
  5.1   obtaining, and administering drugs and therapeutic devices to 
  5.2   facilitate diagnostic, therapeutic, and surgical procedures upon 
  5.3   request, assignment, or referral by a patient's physician, 
  5.4   dentist, or podiatrist.  
  5.5      (13) "Registered nurse, certified," abbreviated RN,C, means 
  5.6   a registered nurse who has received certification from a 
  5.7   national nursing organization or national nurse certification 
  5.8   organization for practice according to paragraph (3) in a 
  5.9   specialized field of professional nursing.  A registered nurse, 
  5.10  certified, shall not practice advanced practice registered 
  5.11  nursing as described in paragraph (5), (6), (9), (10), or (12). 
  5.12     ~~(4)~~ (14) "Licensed practical nurse," abbreviated L.P.N., 
  5.13  means an individual licensed by the board to practice practical 
  5.14  nursing. 
  5.15     ~~(5)~~ (15) The "practice of practical nursing" means the 
  5.16  performance for compensation or personal profit of any of those 
  5.17  services in observing and caring for the ill, injured, or 
  5.18  infirm, in applying counsel and procedure to safeguard life and 
  5.19  health, in administering medication and treatment prescribed by 
  5.20  a licensed health professional, which are commonly performed by 
  5.21  licensed practical nurses and which require specialized 
  5.22  knowledge and skill such as are taught or acquired in an 
  5.23  approved school of practical nursing, but which do not require 
  5.24  the specialized education, knowledge, and skill of a registered 
  5.25  nurse. 
  5.26     ~~(6)~~ (16) "Nurse" means registered nurse, advanced practice 
  5.27  registered nurse, and licensed practical nurse unless the 
  5.28  context clearly refers to only one category. 
  5.29     ~~(7)~~ (17) "Nursing assistant" means an individual providing 
  5.30  nursing or nursing-related services that do not require the 
  5.31  specialized knowledge and skill of a nurse, at the direction of 
  5.32  a nurse, but does not include a licensed health professional or 
  5.33  an individual who volunteers to provide such services without 
  5.34  monetary compensation. 
  5.35     ~~(8)~~ (18) "Public health nurse" means a registered nurse who 
  5.36  meets the voluntary registration requirements established by the 
  6.1   board by rule.  
  6.2      (19) "Prescribing" means the act of generating a 
  6.3   prescription for the preparation of, use of, or manner of using 
  6.4   a drug or therapeutic device in accordance with the provisions 
  6.5   of section 148.235.  Prescribing does not include recommending 
  6.6   the use of a drug or therapeutic device which is not required by 
  6.7   the federal Food and Drug Administration to meet the labeling 
  6.8   requirements for prescription drugs and devices.  Prescribing 
  6.9   also does not include recommending or administering a drug or 
  6.10  therapeutic device perioperatively by a certified registered 
  6.11  nurse anesthetist. 
  6.12     (20) "Prescription" means a written direction or an oral 
  6.13  direction reduced to writing provided to or for an individual 
  6.14  patient for the preparation or use of a drug or therapeutic 
  6.15  device. 
  6.16     Sec. 3.  Minnesota Statutes 1998, section 148.191, 
  6.17  subdivision 2, is amended to read: 
  6.18     Subd. 2.  [POWERS.] (a) The board is authorized to adopt 
  6.19  and, from time to time, revise rules not inconsistent with the 
  6.20  law, as may be necessary to enable it to carry into effect the 
  6.21  provisions of sections 148.171 to 148.285.  The board shall 
  6.22  prescribe by rule curricula and standards for schools and 
  6.23  courses preparing persons for licensure under sections 148.171 
  6.24  to 148.285.  It shall conduct or provide for surveys of such 
  6.25  schools and courses at such times as it may deem necessary.  It 
  6.26  shall approve such schools and courses as meet the requirements 
  6.27  of sections 148.171 to 148.285 and board rules.  It shall 
  6.28  examine, license, and renew the license of duly qualified 
  6.29  applicants.  It shall hold examinations at least once in each 
  6.30  year at such time and place as it may determine.  It shall by 
  6.31  rule adopt, evaluate, and periodically revise, as necessary, 
  6.32  requirements for licensure and for registration and renewal of 
  6.33  registration as defined in section 148.231.  It shall maintain a 
  6.34  record of all persons licensed by the board to practice 
  6.35  professional or practical nursing and all registered nurses who 
  6.36  hold Minnesota licensure and registration and are certified as 
  7.1   advanced practice registered nurses.  It shall cause the 
  7.2   prosecution of all persons violating sections 148.171 to 148.285 
  7.3   and have power to incur such necessary expense therefor.  It 
  7.4   shall register public health nurses who meet educational and 
  7.5   other requirements established by the board by rule, including 
  7.6   payment of a fee.  Prior to the adoption of rules, the board 
  7.7   shall use the same procedures used by the department of health 
  7.8   to certify public health nurses.  It shall have power to issue 
  7.9   subpoenas, and to compel the attendance of witnesses and the 
  7.10  production of all necessary documents and other evidentiary 
  7.11  material.  Any board member may administer oaths to witnesses, 
  7.12  or take their affirmation.  It shall keep a record of all its 
  7.13  proceedings.  
  7.14     (b) The board shall have access to hospital, nursing home, 
  7.15  and other medical records of a patient cared for by a nurse 
  7.16  under review.  If the board does not have a written consent from 
  7.17  a patient permitting access to the patient's records, the nurse 
  7.18  or facility shall delete any data in the record that identifies 
  7.19  the patient before providing it to the board.  The board shall 
  7.20  have access to such other records as reasonably requested by the 
  7.21  board to assist the board in its investigation.  Nothing herein 
  7.22  may be construed to allow access to any records protected by 
  7.23  section 145.64.  The board shall maintain any records obtained 
  7.24  pursuant to this paragraph as investigative data under chapter 
  7.25  13. 
  7.26     Sec. 4.  [148.233] [IDENTIFICATION OF CERTIFIED REGISTERED 
  7.27  NURSES.] 
  7.28     Subdivision 1.  [REGISTERED NURSE.] A registered nurse 
  7.29  certified in a specialized field of professional nursing as 
  7.30  described in section 148.171, subdivision 2, paragraph (13), 
  7.31  shall use the designation RN,C for personal identification and 
  7.32  in documentation of services provided.  Identification of 
  7.33  educational degrees and specialty fields may be added. 
  7.34     Subd. 2.  [ADVANCED PRACTICE REGISTERED NURSE.] An advanced 
  7.35  practice registered nurse certified as a certified clinical 
  7.36  nurse specialist, certified nurse-midwife, certified nurse 
  8.1   practitioner, or certified registered nurse anesthetist shall 
  8.2   use the appropriate designation:  RN,CNS; RN,CNM; RN,CNP; or 
  8.3   RN,CRNA for personal identification and in documentation of 
  8.4   services provided.  Identification of educational degrees and 
  8.5   specialty fields may be added. 
  8.6      Sec. 5.  Minnesota Statutes 1998, section 148.235, is 
  8.7   amended to read: 
  8.8      148.235 [PRESCRIBING DRUGS AND THERAPEUTIC DEVICES.] 
  8.9      Subdivision 1.  [CERTIFIED NURSE-MIDWIVES.] A ~~registered~~ 
  8.10  ~~nurse who has graduated from a program of study designed to~~ 
  8.11  ~~prepare registered nurses for advanced practice as~~ 
  8.12  ~~nurse-midwives and who is certified through the national~~ 
  8.13  ~~professional nursing organization for nurse-midwives~~ certified 
  8.14  nurse-midwife may prescribe and administer drugs and therapeutic 
  8.15  devices within practice as a certified nurse-midwife. 
  8.16     Subd. 2.  [CERTIFIED NURSE PRACTITIONERS.] A 
  8.17  ~~registered~~ certified nurse practitioner who ~~(1) has graduated~~ 
  8.18  ~~from a program of study designed to prepare registered nurses~~ 
  8.19  ~~for advanced practice as nurse practitioners, (2) is certified~~ 
  8.20  ~~through a national professional nursing organization which~~ 
  8.21  ~~certifies nurse practitioners and is included in the list of~~ 
  8.22  ~~professional nursing organizations adopted by the board under~~ 
  8.23  ~~section 62A.15, subdivision 3a, and (3)~~ has a written agreement 
  8.24  with a physician based on standards established by the Minnesota 
  8.25  Nurses Association and the Minnesota Medical Association that 
  8.26  defines the delegated responsibilities related to the 
  8.27  prescription of drugs and therapeutic devices, may prescribe and 
  8.28  administer drugs and therapeutic devices within the scope of the 
  8.29  written agreement and within practice as a certified nurse 
  8.30  practitioner.  The written agreement required under this 
  8.31  subdivision shall be based on standards established by the 
  8.32  Minnesota Nurses Association and the Minnesota Medical 
  8.33  Association as of January 1, 1996, unless both associations 
  8.34  agree to revisions.  ~~The written agreement shall be maintained~~ 
  8.35  ~~at the certified nurse practitioner's place of employment and~~ 
  8.36  ~~does not need to be filed with the board of nursing.~~ 
  9.1      Subd. 2a.  [CERTIFIED REGISTERED NURSE ANESTHETISTS.] A 
  9.2   certified registered nurse anesthetist who has a written 
  9.3   agreement with a physician based on standards established by the 
  9.4   Minnesota Nurses Association and the Minnesota Medical 
  9.5   Association that defines the delegated responsibilities related 
  9.6   to the prescription of drugs and therapeutic devices, may 
  9.7   prescribe and administer drugs and therapeutic devices within 
  9.8   the scope of the written agreement and within practice as a 
  9.9   certified registered nurse anesthetist. 
  9.10     ~~Subd. 3.  [DISPENSING AUTHORITY.] An advanced practice~~ 
  9.11  ~~nurse who is authorized under this section to prescribe drugs is~~ 
  9.12  ~~authorized to dispense drugs subject to the same requirements~~ 
  9.13  ~~established for the prescribing of drugs.  This authority to~~ 
  9.14  ~~dispense extends only to those drugs described in the written~~ 
  9.15  ~~agreement entered into under this section.  The authority to~~ 
  9.16  ~~dispense includes, but is not limited to, the authority to~~ 
  9.17  ~~receive and dispense sample drugs.~~ 
  9.18     Subd. 4.  [CERTIFIED CLINICAL NURSE SPECIALISTS IN 
  9.19  PSYCHIATRIC AND MENTAL HEALTH NURSING.] A ~~registered nurse~~ 
  9.20  certified clinical nurse specialist who (1) ~~has a masters~~ 
  9.21  ~~degree, (2) is certified through a national professional nursing~~ 
  9.22  ~~organization which certifies clinical specialists in psychiatric~~ 
  9.23  ~~and mental health nursing and is included in the list of~~ 
  9.24  ~~professional nursing organizations adopted by the board under~~ 
  9.25  ~~section 62A.15, subdivision 3a, (3)~~ has successfully completed 
  9.26  no less than 30 hours of formal study in the prescribing of 
  9.27  psychotropic medications and medications to treat their side 
  9.28  effects which included instruction in health assessment, 
  9.29  psychotropic classifications, psychopharmacology, indications, 
  9.30  dosages, contraindications, side effects, and evidence of 
  9.31  application~~,~~; and ~~(4)~~ (2) has a written agreement with a 
  9.32  psychiatrist or other physician based on standards established 
  9.33  by the Minnesota Nurses Association and the Minnesota 
  9.34  Psychiatric Association that specifies and defines the delegated 
  9.35  responsibilities related to the prescription of drugs in 
  9.36  relationship to the diagnosis, may prescribe and administer 
 10.1   drugs used to treat psychiatric and behavioral disorders and the 
 10.2   side effects of those drugs within the scope of the written 
 10.3   agreement and within practice as a certified clinical nurse 
 10.4   specialist in psychiatric and mental health nursing.  The 
 10.5   written agreement required under this subdivision shall be based 
 10.6   on standards established by the Minnesota Nurses Association and 
 10.7   the Minnesota Psychiatric Association as of January 1, 1996, 
 10.8   unless both associations agree to revisions.  ~~The written~~ 
 10.9   ~~agreement shall be maintained at the certified clinical nurse~~ 
 10.10  ~~specialist's place of employment and does not need to be filed~~ 
 10.11  ~~with the board of nursing.~~ 
 10.12     Nothing in this subdivision removes or limits the legal 
 10.13  professional liability of the treating psychiatrist, certified 
 10.14  clinical nurse specialist, mental health clinic or hospital for 
 10.15  the prescription and administration of drugs by a certified 
 10.16  clinical nurse specialist in accordance with this subdivision. 
 10.17     Subd. 4a.  [OTHER CERTIFIED CLINICAL NURSE SPECIALISTS.] A 
 10.18  certified clinical nurse specialist who:  (1) has successfully 
 10.19  completed no less than 30 hours of formal study from a college, 
 10.20  university, or university health care institution, which 
 10.21  included the following:  instruction in health assessment, 
 10.22  medication classifications, indications, dosages, 
 10.23  contraindications, and side effects; supervised practice; and 
 10.24  competence evaluation, including evidence of the application of 
 10.25  knowledge pertaining to prescribing for and therapeutic 
 10.26  management of the clinical type of patients in the certified 
 10.27  clinical nurse specialist's practice; and (2) has a written 
 10.28  agreement with a physician based on standards established by the 
 10.29  Minnesota Nurses Association and the Minnesota Medical 
 10.30  Association that defines the delegated responsibilities related 
 10.31  to the prescription of drugs and therapeutic devices, may 
 10.32  prescribe and administer drugs and therapeutic devices within 
 10.33  the scope of the written agreement and within practice as a 
 10.34  certified clinical nurse specialist. 
 10.35     Subd. 4b.  [DISPENSING AUTHORITY.] An advanced practice 
 10.36  registered nurse who is authorized under this section to 
 11.1   prescribe drugs is authorized to dispense drugs subject to the 
 11.2   same requirements established for the prescribing of drugs.  
 11.3   This authority to dispense extends only to those drugs described 
 11.4   in the written agreement entered into under this section.  The 
 11.5   authority to dispense includes, but is not limited to, the 
 11.6   authority to receive and dispense sample drugs. 
 11.7      ~~Subd. 5.  [RULES.] (a) The board shall promulgate rules to~~ 
 11.8   ~~provide for the following:~~ 
 11.9      ~~(1) a system of identifying advanced practice nurses~~ 
 11.10  ~~eligible to prescribe drugs as authorized under this section;~~ 
 11.11     ~~(2) a system of transmitting to pharmacists the identity of~~ 
 11.12  ~~advanced practice nurses eligible to prescribe drugs; and~~ 
 11.13     ~~(3) a fee to nurse practitioners and certified clinical~~ 
 11.14  ~~specialists in psychiatric and mental health nursing who seek~~ 
 11.15  ~~prescribing authority.~~ 
 11.16     ~~(b) The repeal of subdivision 2, paragraph (b), does not~~ 
 11.17  ~~automatically repeal rules adopted under that paragraph.~~ 
 11.18     Subd. 6.  [STANDARDS FOR WRITTEN AGREEMENTS; REVIEW AND 
 11.19  FILING.] Written agreements required ~~by subdivisions 2 and 4~~ 
 11.20  under this section shall be maintained at the primary practice 
 11.21  site of the ~~nurse practitioner, clinical specialist in~~ 
 11.22  ~~psychiatric and mental health nursing,~~ advanced practice 
 11.23  registered nurse and of the collaborating physician.  The 
 11.24  written agreement does not need to be filed with the board of 
 11.25  nursing~~, provided that the information required to be filed with~~ 
 11.26  ~~the board, either on initial application for prescribing~~ 
 11.27  ~~privileges or on renewal of privileges, has been submitted~~ or 
 11.28  the board of medical practice. 
 11.29     Subd. 7.  [FEDERAL REGISTRATION.] Any advanced practice 
 11.30  registered nurse who applies to the federal Drug Enforcement 
 11.31  Administration for a registration number shall submit to the 
 11.32  board: 
 11.33     (1) proof that requirements of this section are met; and 
 11.34     (2) a processing fee of $50. 
 11.35     Sec. 6.  Minnesota Statutes 1998, section 148.261, 
 11.36  subdivision 1, is amended to read: 
 12.1      Subdivision 1.  [GROUNDS LISTED.] The board may deny, 
 12.2   revoke, suspend, limit, or condition the license and 
 12.3   registration of any person to practice professional, advanced 
 12.4   practice registered, or practical nursing under sections 148.171 
 12.5   to 148.285, or to otherwise discipline a licensee or applicant 
 12.6   as described in section 148.262.  The following are grounds for 
 12.7   disciplinary action: 
 12.8      (1) Failure to demonstrate the qualifications or satisfy 
 12.9   the requirements for a license contained in sections 148.171 to 
 12.10  148.285 or rules of the board.  In the case of a person applying 
 12.11  for a license, the burden of proof is upon the applicant to 
 12.12  demonstrate the qualifications or satisfaction of the 
 12.13  requirements. 
 12.14     (2) Employing fraud or deceit in procuring or attempting to 
 12.15  procure a permit, license, or registration certificate to 
 12.16  practice professional or practical nursing or attempting to 
 12.17  subvert the licensing examination process.  Conduct that 
 12.18  subverts or attempts to subvert the licensing examination 
 12.19  process includes, but is not limited to:  
 12.20     (i) conduct that violates the security of the examination 
 12.21  materials, such as removing examination materials from the 
 12.22  examination room or having unauthorized possession of any 
 12.23  portion of a future, current, or previously administered 
 12.24  licensing examination; 
 12.25     (ii) conduct that violates the standard of test 
 12.26  administration, such as communicating with another examinee 
 12.27  during administration of the examination, copying another 
 12.28  examinee's answers, permitting another examinee to copy one's 
 12.29  answers, or possessing unauthorized materials; or 
 12.30     (iii) impersonating an examinee or permitting an 
 12.31  impersonator to take the examination on one's own behalf. 
 12.32     (3) Conviction during the previous five years of a felony 
 12.33  or gross misdemeanor reasonably related to the practice of 
 12.34  professional, advanced practice registered, or practical nursing.
 12.35  Conviction as used in this subdivision includes a conviction of 
 12.36  an offense that if committed in this state would be considered a 
 13.1   felony or gross misdemeanor without regard to its designation 
 13.2   elsewhere, or a criminal proceeding where a finding or verdict 
 13.3   of guilt is made or returned but the adjudication of guilt is 
 13.4   either withheld or not entered. 
 13.5      (4) Revocation, suspension, limitation, conditioning, or 
 13.6   other disciplinary action against the person's professional or 
 13.7   practical nursing license or advanced practice registered 
 13.8   nursing credential, in another state, territory, or country; 
 13.9   failure to report to the board that charges regarding the 
 13.10  person's nursing license or other credential are pending in 
 13.11  another state, territory, or country; or having been refused a 
 13.12  license or other credential by another state, territory, or 
 13.13  country. 
 13.14     (5) Failure to or inability to perform professional or 
 13.15  practical nursing as defined in section 148.171, subdivision 2, 
 13.16  paragraph (3) or ~~(5)~~ (15), with reasonable skill and safety, 
 13.17  including failure of a registered nurse to supervise or a 
 13.18  licensed practical nurse to monitor adequately the performance 
 13.19  of acts by any person working at the nurse's direction. 
 13.20     (6) Engaging in unprofessional conduct, including, but not 
 13.21  limited to, a departure from or failure to conform to board 
 13.22  rules of professional or practical nursing practice that 
 13.23  interpret the statutory definition of professional or practical 
 13.24  nursing as well as provide criteria for violations of the 
 13.25  statutes, or, if no rule exists, to the minimal standards of 
 13.26  acceptable and prevailing professional or practical nursing 
 13.27  practice, or any nursing practice that may create unnecessary 
 13.28  danger to a patient's life, health, or safety.  Actual injury to 
 13.29  a patient need not be established under this clause.  
 13.30     (7) Failure of an advanced practice registered nurse to 
 13.31  practice with reasonable skill and safety or departure from or 
 13.32  failure to conform to standards of acceptable and prevailing 
 13.33  advanced practice registered nursing.  
 13.34     (8) Delegating or accepting the delegation of a nursing 
 13.35  function or a prescribed health care function when the 
 13.36  delegation or acceptance could reasonably be expected to result 
 14.1   in unsafe or ineffective patient care. 
 14.2      ~~(8)~~ (9) Actual or potential inability to practice nursing 
 14.3   with reasonable skill and safety to patients by reason of 
 14.4   illness, use of alcohol, drugs, chemicals, or any other 
 14.5   material, or as a result of any mental or physical condition.  
 14.6      ~~(9)~~ (10) Adjudication as mentally incompetent, mentally 
 14.7   ill, a chemically dependent person, or a person dangerous to the 
 14.8   public by a court of competent jurisdiction, within or without 
 14.9   this state.  
 14.10     ~~(10)~~ (11) Engaging in any unethical conduct, including, but 
 14.11  not limited to, conduct likely to deceive, defraud, or harm the 
 14.12  public, or demonstrating a willful or careless disregard for the 
 14.13  health, welfare, or safety of a patient.  Actual injury need not 
 14.14  be established under this clause.  
 14.15     ~~(11)~~ (12) Engaging in conduct with a patient that is sexual 
 14.16  or may reasonably be interpreted by the patient as sexual, or in 
 14.17  any verbal behavior that is seductive or sexually demeaning to a 
 14.18  patient, or engaging in sexual exploitation of a patient or 
 14.19  former patient.  
 14.20     ~~(12)~~ (13) Obtaining money, property, or services from a 
 14.21  patient, other than reasonable fees for services provided to the 
 14.22  patient, through the use of undue influence, harassment, duress, 
 14.23  deception, or fraud. 
 14.24     ~~(13)~~ (14) Revealing a privileged communication from or 
 14.25  relating to a patient except when otherwise required or 
 14.26  permitted by law. 
 14.27     ~~(14)~~ (15) Engaging in abusive or fraudulent billing 
 14.28  practices, including violations of federal Medicare and Medicaid 
 14.29  laws or state medical assistance laws. 
 14.30     ~~(15)~~ (16) Improper management of patient records, including 
 14.31  failure to maintain adequate patient records, to comply with a 
 14.32  patient's request made pursuant to section 144.335, or to 
 14.33  furnish a patient record or report required by law.  
 14.34     ~~(16)~~ (17) Knowingly aiding, assisting, advising, or 
 14.35  allowing an unlicensed person to engage in the unlawful practice 
 14.36  of professional, advanced practice registered, or practical 
 15.1   nursing.  
 15.2      ~~(17)~~ (18) Violating a rule adopted by the board, an order 
 15.3   of the board, or a state or federal law relating to the practice 
 15.4   of professional, advanced practice registered, or practical 
 15.5   nursing, or a state or federal narcotics or controlled substance 
 15.6   law. 
 15.7      ~~(18)~~ (19) Knowingly providing false or misleading 
 15.8   information that is directly related to the care of that patient 
 15.9   unless done for an accepted therapeutic purpose such as the 
 15.10  administration of a placebo. 
 15.11     ~~(19)~~ (20) Aiding suicide or aiding attempted suicide in 
 15.12  violation of section 609.215 as established by any of the 
 15.13  following: 
 15.14     (i) a copy of the record of criminal conviction or plea of 
 15.15  guilty for a felony in violation of section 609.215, subdivision 
 15.16  1 or 2; 
 15.17     (ii) a copy of the record of a judgment of contempt of 
 15.18  court for violating an injunction issued under section 609.215, 
 15.19  subdivision 4; 
 15.20     (iii) a copy of the record of a judgment assessing damages 
 15.21  under section 609.215, subdivision 5; or 
 15.22     (iv) a finding by the board that the person violated 
 15.23  section 609.215, subdivision 1 or 2.  The board shall 
 15.24  investigate any complaint of a violation of section 609.215, 
 15.25  subdivision 1 or 2. 
 15.26     ~~(20)~~ (21) Practicing outside the scope of practice 
 15.27  authorized by section 148.171, subdivision 2, paragraph (3) 
 15.28  ~~or~~, (5), (6), (9), (10), (12), or (15). 
 15.29     (22) Practicing outside the specific field of nursing 
 15.30  practice for which an advanced practice registered nurse is 
 15.31  certified unless the practice is authorized under section 
 15.32  148.284. 
 15.33     ~~(21)~~ (23) Making a false statement or knowingly providing 
 15.34  false information to the board, failing to make reports as 
 15.35  required by section 148.263, or failing to cooperate with an 
 15.36  investigation of the board as required by section 148.265. 
 16.1      ~~(22)~~ (24) Engaging in false, fraudulent, deceptive, or 
 16.2   misleading advertising.  
 16.3      (25) Failure to inform the board of the person's 
 16.4   certification status as a nurse anesthetist, nurse-midwife, 
 16.5   nurse practitioner, or clinical nurse specialist. 
 16.6      (26) Engaging in clinical nurse specialist practice, 
 16.7   nurse-midwife practice, nurse practitioner practice, or 
 16.8   registered nurse anesthetist practice without current 
 16.9   certification by a national nurse certification organization 
 16.10  acceptable to the board, except during the period between 
 16.11  completion of an advanced practice registered nurse course of 
 16.12  study and certification, not to exceed six months or as 
 16.13  authorized by the board. 
 16.14     (27) Engaging in conduct that is prohibited under section 
 16.15  145.412. 
 16.16     Sec. 7.  Minnesota Statutes 1998, section 148.261, 
 16.17  subdivision 5, is amended to read: 
 16.18     Subd. 5.  [EXAMINATION; ACCESS TO MEDICAL DATA.] The board 
 16.19  may take the following actions if it has probable cause to 
 16.20  believe that grounds for disciplinary action exist under 
 16.21  subdivision 1, clause ~~(8)~~ (9) or ~~(9)~~ (10): 
 16.22     (a) It may direct the applicant or nurse to submit to a 
 16.23  mental or physical examination or chemical dependency 
 16.24  evaluation.  For the purpose of this subdivision, when a nurse 
 16.25  licensed under sections 148.171 to 148.285 is directed in 
 16.26  writing by the board to submit to a mental or physical 
 16.27  examination or chemical dependency evaluation, that person is 
 16.28  considered to have consented and to have waived all objections 
 16.29  to admissibility on the grounds of privilege.  Failure of the 
 16.30  applicant or nurse to submit to an examination when directed 
 16.31  constitutes an admission of the allegations against the 
 16.32  applicant or nurse, unless the failure was due to circumstances 
 16.33  beyond the person's control, and the board may enter a default 
 16.34  and final order without taking testimony or allowing evidence to 
 16.35  be presented.  A nurse affected under this paragraph shall, at 
 16.36  reasonable intervals, be given an opportunity to demonstrate 
 17.1   that the competent practice of professional, advanced practice 
 17.2   registered, or practical nursing can be resumed with reasonable 
 17.3   skill and safety to patients.  Neither the record of proceedings 
 17.4   nor the orders entered by the board in a proceeding under this 
 17.5   paragraph, may be used against a nurse in any other proceeding. 
 17.6      (b) It may, notwithstanding sections 13.42, 144.651, 
 17.7   595.02, or any other law limiting access to medical or other 
 17.8   health data, obtain medical data and health records relating to 
 17.9   a registered nurse, advanced practice registered nurse, licensed 
 17.10  practical nurse, or applicant for a license without that 
 17.11  person's consent.  The medical data may be requested from a 
 17.12  provider, as defined in section 144.335, subdivision 1, 
 17.13  paragraph (b), an insurance company, or a government agency, 
 17.14  including the department of human services.  A provider, 
 17.15  insurance company, or government agency shall comply with any 
 17.16  written request of the board under this subdivision and is not 
 17.17  liable in any action for damages for releasing the data 
 17.18  requested by the board if the data are released pursuant to a 
 17.19  written request under this subdivision unless the information is 
 17.20  false and the provider giving the information knew, or had 
 17.21  reason to believe, the information was false.  Information 
 17.22  obtained under this subdivision is classified as private data on 
 17.23  individuals as defined in section 13.02.  
 17.24     Sec. 8.  Minnesota Statutes 1998, section 148.262, 
 17.25  subdivision 1, is amended to read: 
 17.26     Subdivision 1.  [FORMS OF DISCIPLINARY ACTION.] When the 
 17.27  board finds that grounds for disciplinary action exist under 
 17.28  section 148.261, subdivision 1, it may take one or more of the 
 17.29  following actions:  
 17.30     (1) deny the license, registration, or registration 
 17.31  renewal; 
 17.32     (2) revoke the license; 
 17.33     (3) suspend the license; 
 17.34     (4) impose limitations on the nurse's practice of 
 17.35  professional, advanced practice registered, or practical nursing 
 17.36  including, but not limited to, limitation of scope of practice 
 18.1   or the requirement of practice under supervision; 
 18.2      (5) impose conditions on the retention of the license 
 18.3   including, but not limited to, the imposition of retraining or 
 18.4   rehabilitation requirements or the conditioning of continued 
 18.5   practice on demonstration of knowledge or skills by appropriate 
 18.6   examination, monitoring, or other review; 
 18.7      (6) impose a civil penalty not exceeding $10,000 for each 
 18.8   separate violation, the amount of the civil penalty to be fixed 
 18.9   as to deprive the nurse of any economic advantage gained by 
 18.10  reason of the violation charged, to reimburse the board for the 
 18.11  cost of counsel, investigation, and proceeding, and to 
 18.12  discourage repeated violations; 
 18.13     (7) order the nurse to provide unremunerated service; 
 18.14     (8) censure or reprimand the nurse; or 
 18.15     (9) any other action justified by the facts in the case. 
 18.16     Sec. 9.  Minnesota Statutes 1998, section 148.263, 
 18.17  subdivision 3, is amended to read: 
 18.18     Subd. 3.  [LICENSED PROFESSIONALS.] A person licensed by a 
 18.19  health-related licensing board as defined in section 214.01, 
 18.20  subdivision 2, shall report to the board personal knowledge of 
 18.21  any conduct the person reasonably believes constitutes grounds 
 18.22  for disciplinary action under sections 148.171 to 148.285 by any 
 18.23  nurse including conduct indicating that the nurse may be 
 18.24  incompetent, may have engaged in unprofessional or unethical 
 18.25  conduct, or may be mentally or physically unable to engage 
 18.26  safely in the practice of professional, advanced practice 
 18.27  registered, or practical nursing. 
 18.28     Sec. 10.  Minnesota Statutes 1998, section 148.263, 
 18.29  subdivision 4, is amended to read: 
 18.30     Subd. 4.  [INSURERS.] Four times each year, by the first 
 18.31  day of February, May, August, and November, each insurer 
 18.32  authorized to sell insurance described in section 60A.06, 
 18.33  subdivision 1, clause (13), and providing professional liability 
 18.34  insurance to registered nurses, advanced practice registered 
 18.35  nurses, or licensed practical nurses shall submit to the board a 
 18.36  report concerning any nurse against whom a malpractice award has 
 19.1   been made or who has been a party to a settlement.  The report 
 19.2   must contain at least the following information: 
 19.3      (1) the total number of settlements or awards; 
 19.4      (2) the date settlement or award was made; 
 19.5      (3) the allegations contained in the claim or complaint 
 19.6   leading to the settlement or award; 
 19.7      (4) the dollar amount of each malpractice settlement or 
 19.8   award and whether that amount was paid as a result of a 
 19.9   settlement or of an award; and 
 19.10     (5) the name and address of the practice of the nurse 
 19.11  against whom an award was made or with whom a settlement was 
 19.12  made. 
 19.13     An insurer shall also report to the board any information 
 19.14  it possesses that tends to substantiate a charge that a nurse 
 19.15  may have engaged in conduct violating sections 148.171 to 
 19.16  148.285. 
 19.17     Sec. 11.  Minnesota Statutes 1998, section 148.271, is 
 19.18  amended to read: 
 19.19     148.271 [EXEMPTIONS.] 
 19.20     The provisions of sections 148.171 to 148.285 shall not 
 19.21  prohibit: 
 19.22     (1) The furnishing of nursing assistance in an emergency. 
 19.23     (2) The practice of professional or practical nursing by 
 19.24  any legally qualified registered or licensed practical nurse of 
 19.25  another state who is employed by the United States government or 
 19.26  any bureau, division, or agency thereof while in the discharge 
 19.27  of official duties. 
 19.28     (3) The practice of any profession or occupation licensed 
 19.29  by the state, other than professional or practical nursing, by 
 19.30  any person duly licensed to practice the profession or 
 19.31  occupation, or the performance by a person of any acts properly 
 19.32  coming within the scope of the profession, occupation, or 
 19.33  license. 
 19.34     (4) The provision of a nursing or nursing-related service 
 19.35  by a nursing assistant who has been delegated the specific 
 19.36  function and is supervised by a registered nurse or monitored by 
 20.1   a licensed practical nurse. 
 20.2      (5) The care of the sick with or without compensation when 
 20.3   done in a nursing home covered by the provisions of section 
 20.4   144A.09, subdivision 1. 
 20.5      (6) Professional nursing practice or advanced practice 
 20.6   registered nursing practice by a registered nurse or practical 
 20.7   nursing practice by a licensed practical nurse licensed in 
 20.8   another state or territory who is in Minnesota as a student 
 20.9   enrolled in a formal, structured course of study, such as a 
 20.10  course leading to a higher degree, certification in a nursing 
 20.11  specialty, or to enhance skills in a clinical field, while the 
 20.12  student is practicing in the course. 
 20.13     (7) Professional or practical nursing practice by a student 
 20.14  practicing under the supervision of an instructor while the 
 20.15  student is enrolled in a nursing program approved by the board 
 20.16  under section 148.251. 
 20.17     (8) Advanced practice registered nursing as defined in 
 20.18  section 148.171, subdivision 2, paragraphs (5), (6), (9), (10), 
 20.19  and (12), by a registered nurse who is licensed and currently 
 20.20  registered in Minnesota or another United States jurisdiction 
 20.21  and who is enrolled as a student in a formal education program 
 20.22  leading to eligibility for certification as an advanced practice 
 20.23  registered nurse; or by a registered nurse licensed and 
 20.24  currently registered in Minnesota who has completed an advanced 
 20.25  practice registered nurse course of study and is awaiting 
 20.26  certification, the period not to exceed six months. 
 20.27     Sec. 12.  Minnesota Statutes 1998, section 148.281, 
 20.28  subdivision 1, is amended to read: 
 20.29     Subdivision 1.  [VIOLATIONS DESCRIBED.] It shall be 
 20.30  unlawful for any person, corporation, firm, or association, to: 
 20.31     (1) sell or fraudulently obtain or furnish any nursing 
 20.32  diploma, license or record, or aid or abet therein; 
 20.33     (2) practice professional or practical nursing ~~or~~, practice 
 20.34  as a public health nurse, or practice as a certified clinical 
 20.35  nurse specialist, certified nurse-midwife, certified nurse 
 20.36  practitioner, or certified registered nurse anesthetist under 
 21.1   cover of any diploma, permit, license, registration certificate, 
 21.2   advanced practice credential, or record illegally or 
 21.3   fraudulently obtained or signed or issued unlawfully or under 
 21.4   fraudulent representation; 
 21.5      (3) practice professional or practical nursing unless the 
 21.6   person has been issued a temporary permit under the provisions 
 21.7   of section 148.212 or is duly licensed and currently registered 
 21.8   to do so under the provisions of sections 148.171 to 148.285; 
 21.9      (4) use any abbreviation or other designation tending to 
 21.10  imply licensure as a registered nurse or licensed practical 
 21.11  nurse unless duly licensed and currently registered so to 
 21.12  practice professional or practical nursing under the provisions 
 21.13  of sections 148.171 to 148.285 except as authorized by the board 
 21.14  by rule; 
 21.15     (5) use any title, abbreviation, or other designation 
 21.16  tending to imply certification as a certified registered nurse 
 21.17  as defined in section 148.171, subdivision 2, paragraph (13), 
 21.18  unless duly certified by a national nurse certification 
 21.19  organization; 
 21.20     (6) use any abbreviation or other designation tending to 
 21.21  imply registration as a public health nurse unless duly 
 21.22  registered by the board; 
 21.23     ~~(6)~~ (7) practice professional, advanced practice 
 21.24  registered, or practical nursing in a manner prohibited by the 
 21.25  board in any limitation of a license or registration issued 
 21.26  under the provisions of sections 148.171 to 148.285; 
 21.27     ~~(7)~~ (8) practice professional, advanced practice 
 21.28  registered, or practical nursing during the time a license or 
 21.29  current registration issued under the provisions of sections 
 21.30  148.171 to 148.285 shall be suspended or revoked; 
 21.31     ~~(8)~~ (9) conduct a nursing program for the education of 
 21.32  persons to become registered nurses or licensed practical nurses 
 21.33  unless the program has been approved by the board; ~~and~~ 
 21.34     ~~(9)~~ (10) knowingly employ persons in the practice of 
 21.35  professional or practical nursing who have not been issued a 
 21.36  current permit, license, or registration certificate to practice 
 22.1   as a nurse in this state; and 
 22.2      (11) knowingly employ a person in advanced practice 
 22.3   registered nursing unless the person meets the standards and 
 22.4   practices of sections 148.171 to 148.285. 
 22.5      Sec. 13.  Minnesota Statutes 1998, section 148.283, is 
 22.6   amended to read: 
 22.7      148.283 [UNAUTHORIZED PRACTICE OF PROFESSIONAL, ADVANCED 
 22.8   PRACTICE REGISTERED, AND PRACTICAL NURSING.] 
 22.9      The practice of professional, advanced practice registered, 
 22.10  or practical nursing by any person who has not been licensed to 
 22.11  practice professional or practical nursing under the provisions 
 22.12  of sections 148.171 to 148.285, or whose license has been 
 22.13  suspended or revoked, or whose registration or national 
 22.14  credential has expired, is hereby declared to be inimical to the 
 22.15  public health and welfare and to constitute a public nuisance.  
 22.16  Upon complaint being made thereof by the board, or any 
 22.17  prosecuting officer, and upon a proper showing of the facts, the 
 22.18  district court of the county where such practice occurred may 
 22.19  enjoin such acts and practice.  Such injunction proceeding shall 
 22.20  be in addition to, and not in lieu of, all other penalties and 
 22.21  remedies provided by law.  
 22.22     Sec. 14.  [148.284] [CERTIFICATION OF ADVANCED PRACTICE 
 22.23  REGISTERED NURSES.] 
 22.24     (a) No person shall practice advanced practice registered 
 22.25  nursing or use any title, abbreviation, or other designation 
 22.26  tending to imply that the person is an advanced practice 
 22.27  registered nurse, clinical nurse specialist, nurse anesthetist, 
 22.28  nurse-midwife, or nurse practitioner unless the person is 
 22.29  certified for such advanced practice registered nursing by a 
 22.30  national nurse certification organization. 
 22.31     (b) Paragraph (a) does not apply to an advanced practice 
 22.32  registered nurse who is within six months after completion of an 
 22.33  advanced practice registered nurse course of study and is 
 22.34  awaiting certification.  
 22.35     (c) An advanced practice registered nurse who has completed 
 22.36  a formal course of study as an advanced practice registered 
 23.1   nurse and has been certified by a national nurse certification 
 23.2   organization prior to January 1, 1999, may continue to practice 
 23.3   in the field of nursing in which the advanced practice 
 23.4   registered nurse is practicing as of July 1, 1999, regardless of 
 23.5   the type of certification held if the advanced practice 
 23.6   registered nurse is not eligible for the proper certification. 
 23.7      Sec. 15.  Minnesota Statutes 1998, section 245.462, 
 23.8   subdivision 18, is amended to read: 
 23.9      Subd. 18.  [MENTAL HEALTH PROFESSIONAL.] "Mental health 
 23.10  professional" means a person providing clinical services in the 
 23.11  treatment of mental illness who is qualified in at least one of 
 23.12  the following ways:  
 23.13     (1) in psychiatric nursing:  a registered nurse who is 
 23.14  licensed under sections 148.171 to 148.285, and who is certified 
 23.15  as a clinical specialist in adult psychiatric and mental health 
 23.16  nursing by ~~the American nurses association~~ a national nurse 
 23.17  certification organization or who has a master's degree in 
 23.18  nursing or one of the behavioral sciences or related fields from 
 23.19  an accredited college or university or its equivalent, with at 
 23.20  least 4,000 hours of post-master's supervised experience in the 
 23.21  delivery of clinical services in the treatment of mental 
 23.22  illness; 
 23.23     (2) in clinical social work:  a person licensed as an 
 23.24  independent clinical social worker under section 148B.21, 
 23.25  subdivision 6, or a person with a master's degree in social work 
 23.26  from an accredited college or university, with at least 4,000 
 23.27  hours of post-master's supervised experience in the delivery of 
 23.28  clinical services in the treatment of mental illness; 
 23.29     (3) in psychology:  a psychologist licensed under sections 
 23.30  148.88 to 148.98 who has stated to the board of psychology 
 23.31  competencies in the diagnosis and treatment of mental illness; 
 23.32     (4) in psychiatry:  a physician licensed under chapter 147 
 23.33  and certified by the American board of psychiatry and neurology 
 23.34  or eligible for board certification in psychiatry; 
 23.35     (5) in marriage and family therapy:  the mental health 
 23.36  professional must be a marriage and family therapist licensed 
 24.1   under sections 148B.29 to 148B.39 with at least two years of 
 24.2   post-master's supervised experience in the delivery of clinical 
 24.3   services in the treatment of mental illness; or 
 24.4      (6) in allied fields:  a person with a master's degree from 
 24.5   an accredited college or university in one of the behavioral 
 24.6   sciences or related fields, with at least 4,000 hours of 
 24.7   post-master's supervised experience in the delivery of clinical 
 24.8   services in the treatment of mental illness.  
 24.9      Sec. 16.  Minnesota Statutes 1998, section 245.4871, 
 24.10  subdivision 27, is amended to read: 
 24.11     Subd. 27.  [MENTAL HEALTH PROFESSIONAL.] "Mental health 
 24.12  professional" means a person providing clinical services in the 
 24.13  diagnosis and treatment of children's emotional disorders.  A 
 24.14  mental health professional must have training and experience in 
 24.15  working with children consistent with the age group to which the 
 24.16  mental health professional is assigned.  A mental health 
 24.17  professional must be qualified in at least one of the following 
 24.18  ways:  
 24.19     (1) in psychiatric nursing, the mental health professional 
 24.20  must be a registered nurse who is licensed under sections 
 24.21  148.171 to 148.285 and who is certified as a clinical specialist 
 24.22  in child and adolescent psychiatric or mental health nursing by 
 24.23  ~~the American nurses association~~ a national nurse certification 
 24.24  organization or who has a master's degree in nursing or one of 
 24.25  the behavioral sciences or related fields from an accredited 
 24.26  college or university or its equivalent, with at least 4,000 
 24.27  hours of post-master's supervised experience in the delivery of 
 24.28  clinical services in the treatment of mental illness; 
 24.29     (2) in clinical social work, the mental health professional 
 24.30  must be a person licensed as an independent clinical social 
 24.31  worker under section 148B.21, subdivision 6, or a person with a 
 24.32  master's degree in social work from an accredited college or 
 24.33  university, with at least 4,000 hours of post-master's 
 24.34  supervised experience in the delivery of clinical services in 
 24.35  the treatment of mental disorders; 
 24.36     (3) in psychology, the mental health professional must be a 
 25.1   psychologist licensed under sections 148.88 to 148.98 who has 
 25.2   stated to the board of psychology competencies in the diagnosis 
 25.3   and treatment of mental disorders; 
 25.4      (4) in psychiatry, the mental health professional must be a 
 25.5   physician licensed under chapter 147 and certified by the 
 25.6   American board of psychiatry and neurology or eligible for board 
 25.7   certification in psychiatry; 
 25.8      (5) in marriage and family therapy, the mental health 
 25.9   professional must be a marriage and family therapist licensed 
 25.10  under sections 148B.29 to 148B.39 with at least two years of 
 25.11  post-master's supervised experience in the delivery of clinical 
 25.12  services in the treatment of mental disorders or emotional 
 25.13  disturbances; or 
 25.14     (6) in allied fields, the mental health professional must 
 25.15  be a person with a master's degree from an accredited college or 
 25.16  university in one of the behavioral sciences or related fields, 
 25.17  with at least 4,000 hours of post-master's supervised experience 
 25.18  in the delivery of clinical services in the treatment of 
 25.19  emotional disturbances. 
 25.20     Sec. 17.  [TRANSITION.] 
 25.21     The board of nursing may, for the purpose of obtaining the 
 25.22  proper certification, grant an extension of not more than three 
 25.23  years to a registered nurse who on July 1, 1999, has completed a 
 25.24  formal course of study as an advanced practice registered nurse 
 25.25  and is practicing as an advanced practice registered nurse, but 
 25.26  who is either practicing in a field of nursing in which a 
 25.27  national nurse certification does not yet exist or is eligible 
 25.28  for the proper certification but has not yet obtained it. 
 25.29     Sec. 18.  [REVISOR INSTRUCTION.] 
 25.30     The revisor shall alphabetize and place into subdivisions 
 25.31  the definitions in Minnesota Statutes, section 148.171, 
 25.32  subdivision 2.  
 25.33     Sec. 19.  [REPEALER.] 
 25.34     Minnesota Rules, chapter 6340, is repealed. 
 25.35     Sec. 20.  [EFFECTIVE DATE.] 
 25.36     Sections 1 to 17 are effective July 1, 1999.