1997 Minnesota Statutes

     148.235 Prescribing drugs and therapeutic devices. 

    Subdivision 1.    Nurse-midwives.  A registered nurse 
 who has graduated from a program of study designed to prepare 
 registered nurses for advanced practice as nurse-midwives and 
 who is certified through the national professional nursing 
 organization for nurse-midwives may prescribe and administer 
 drugs and therapeutic devices within practice as a nurse-midwife.

    Subd. 2.    Nurse practitioners.  A registered nurse who 
 (1) has graduated from a program of study designed to prepare 
 registered nurses for advanced practice as nurse practitioners, 
 (2) is certified through a national professional nursing 
 organization which certifies nurse practitioners and is included 
 in the list of professional nursing organizations adopted by the 
 board under section 62A.15, subdivision 3a, and (3) has a 
 written agreement with a physician based on standards 
 established by the Minnesota nurses association and the 
 Minnesota medical association that defines the delegated 
 responsibilities related to the prescription of drugs and 
 therapeutic devices, may prescribe and administer drugs and 
 therapeutic devices within the scope of the written agreement 
 and within practice as a nurse practitioner.  The written 
 agreement required under this subdivision shall be based on 
 standards established by the Minnesota nurses association and 
 the Minnesota medical association as of January 1, 1996, unless 
 both associations agree to revisions.  The written agreement 
 shall be maintained at the certified nurse practitioner's place 
 of employment and does not need to be filed with the board of 
 nursing. 

    Subd. 3.    Dispensing authority.  An advanced practice 
 nurse who is authorized under this section to prescribe drugs is 
 authorized to dispense drugs subject to the same requirements 
 established for the prescribing of drugs.  This authority to 
 dispense extends only to those drugs described in the written 
 agreement entered into under this section.  The authority to 
 dispense includes, but is not limited to, the authority to 
 receive and dispense sample drugs. 

    Subd. 4.    Clinical nurse specialists in psychiatric and 
 mental health nursing.  A registered nurse who (1) has a 
 masters degree, (2) is certified through a national professional 
 nursing organization which certifies clinical specialists in 
 psychiatric and mental health nursing and is included in the 
 list of professional nursing organizations adopted by the board 
 under section 62A.15, subdivision 3a, (3) has successfully 
 completed no less than 30 hours of formal study in the 
 prescribing of psychotropic medications and medications to treat 
 their side effects which included instruction in health 
 assessment, psychotropic classifications, psychopharmacology, 
 indications, dosages, contraindications, side effects, and 
 evidence of application, and (4) has a written agreement with a 
 psychiatrist based on standards established by the Minnesota 
 Nurses Association and the Minnesota Psychiatric Association 
 that specifies and defines the delegated responsibilities 
 related to the prescription of drugs in relationship to the 
 diagnosis, may prescribe and administer drugs used to treat 
 psychiatric and behavioral disorders and the side effects of 
 those drugs within the scope of the written agreement and within 
 practice as a clinical specialist in psychiatric and mental 
 health nursing.  The written agreement required under this 
 subdivision shall be based on standards established by the 
 Minnesota Nurses Association and the Minnesota Psychiatric 
 Association as of January 1, 1996, unless both associations 
 agree to revisions.  The written agreement shall be maintained 
 at the certified clinical nurse specialist's place of employment 
 and does not need to be filed with the board of nursing. 

    Nothing in this subdivision removes or limits the legal 
 professional liability of the treating psychiatrist, clinical 
 nurse specialist, mental health clinic or hospital for the 
 prescription and administration of drugs by a clinical 
 specialist in accordance with this subdivision. 

    Subd. 5.    Rules.  (a) The board shall promulgate rules 
 to provide for the following: 

    (1) a system of identifying advanced practice nurses 
 eligible to prescribe drugs as authorized under this section; 

    (2) a system of transmitting to pharmacists the identity of 
 advanced practice nurses eligible to prescribe drugs; and 

    (3) a fee to nurse practitioners and certified clinical 
 specialists in psychiatric and mental health nursing who seek 
 prescribing authority. 

    (b) The repeal of subdivision 2, paragraph (b), does not 
 automatically repeal rules adopted under that paragraph. 

    Subd. 6.    Standards for written agreements; review and 
 filing.  Written agreements required by subdivisions 2 and 4 
 shall be maintained at the primary practice site of the nurse 
 practitioner, clinical specialist in psychiatric and mental 
 health nursing, and the collaborating physician.  The written 
 agreement does not need to be filed with the board of nursing, 
 provided that the information required to be filed with the 
 board, either on initial application for prescribing privileges 
 or on renewal of privileges, has been submitted. 

    HIST: 1990 c 483 s 2; 1993 c 337 s 10; 1994 c 389 s 2; 1994 c 
 470 s 1-3; 1996 c 446 art 1 s 67,68; 1996 c 451 art 6 s 1; 1997 
 c 7 art 1 s 77