2007 Minnesota Statutes

148.211 LICENSING.
    Subdivision 1. Licensure by examination. (a) An applicant for a license to practice as a
registered nurse or licensed practical nurse shall apply to the board for a license by examination
on forms prescribed by the board and pay a fee in an amount determined by statute. An applicant
applying for reexamination shall pay a fee in an amount determined by law. In no case may
fees be refunded.
(b) The applicant must satisfy the following requirements for licensure by examination:
(1) present evidence the applicant has not engaged in conduct warranting disciplinary action
under section 148.261;
(2) present evidence of completion of a nursing education program approved by the board,
another United States nursing board, or a Canadian province, which prepared the applicant for the
type of license for which the application has been submitted; and
(3) pass a national nurse licensure written examination. "Written examination" includes
paper and pencil examinations and examinations administered with a computer and related
technology and may include supplemental oral or practical examinations approved by the board.
(c) An applicant who graduated from an approved nursing education program in Canada and
was licensed in Canada or another United States jurisdiction, without passing the national nurse
licensure examination, must also submit a verification of licensure from the original Canadian
licensure authority and from the United States jurisdiction.
(d) An applicant who graduated from a nursing program in a country other than the United
States or Canada must also satisfy the following requirements:
(1) present verification of graduation from a nursing education program which prepared the
applicant for the type of license for which the application has been submitted and is determined
to be equivalent to the education required in the same type of nursing education programs in
the United States as evaluated by a credentials evaluation service acceptable to the board. The
credentials evaluation service must submit the evaluation and verification directly to the board;
(2) demonstrate successful completion of coursework to resolve identified nursing education
deficiencies; and
(3) pass examinations acceptable to the board that test written and spoken English, unless
the applicant graduated from a nursing education program conducted in English and located in
an English-speaking country. The results of the examinations must be submitted directly to
the board from the testing service.
(e) An applicant failing to pass the examination may apply for reexamination.
(f) When the applicant has met all requirements stated in this subdivision, the board shall
issue a license to the applicant. The board may issue a license with conditions and limitations if it
considers it necessary to protect the public.
    Subd. 2. Licensure by endorsement. The board shall issue a license to practice professional
nursing or practical nursing without examination to an applicant who has been duly licensed or
registered as a nurse under the laws of another state, territory, or country, if in the opinion of the
board the applicant has the qualifications equivalent to the qualifications required in this state as
stated in subdivision 1, all other laws not inconsistent with this section, and rules promulgated by
the board.
    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.
    Subd. 3.[Repealed, 1976 c 222 s 209]
    Subd. 4. Education waived. A person who has been licensed as a licensed practical nurse
in another state, who has passed a licensing examination acceptable to the board, and who has
had 24 months of experience as a licensed practical nurse in the five years prior to applying for a
license is not required to meet any additional educational requirements.
    Subd. 5. Denial of license. Refusal of an applicant to supply information necessary to
determine the applicant's qualifications, failure to demonstrate qualifications, or failure to satisfy
the requirements for a license contained in this section or rules of the board may result in denial
of a license. The burden of proof is upon the applicant to demonstrate the qualifications and
satisfaction of the requirements.
History: 1945 c 242 s 5; 1955 c 34 s 4; 1961 c 56 s 1; 1967 c 68 s 1; 1969 c 53 s 1; 1975
c 360 s 4,5; 1976 c 222 s 52,53; 1981 c 94 s 2; 1986 c 444; 1989 c 194 s 6; 1993 c 88 s 3;
2002 c 272 s 1; 2004 c 279 art 4 s 1