2007 Minnesota Statutes

148.262 FORMS OF DISCIPLINARY ACTION; AUTOMATIC SUSPENSION;
TEMPORARY SUSPENSION; REISSUANCE.
    Subdivision 1. Forms of disciplinary action. When the board finds that grounds for
disciplinary action exist under section 148.261, subdivision 1, it may take one or more of the
following actions:
(1) deny the license, registration, or registration renewal;
(2) revoke the license;
(3) suspend the license;
(4) impose limitations on the nurse's practice of professional, advanced practice registered,
or practical nursing including, but not limited to, limitation of scope of practice or the requirement
of practice under supervision;
(5) impose conditions on the retention of the license including, but not limited to, the
imposition of retraining or rehabilitation requirements or the conditioning of continued practice
on demonstration of knowledge or skills by appropriate examination, monitoring, or other review;
(6) impose a civil penalty not exceeding $10,000 for each separate violation, the amount
of the civil penalty to be fixed as to deprive the nurse of any economic advantage gained by
reason of the violation charged, to reimburse the board for the cost of counsel, investigation, and
proceeding, and to discourage repeated violations;
(7) order the nurse to provide unremunerated service;
(8) censure or reprimand the nurse; or
(9) any other action justified by the facts in the case.
    Subd. 2. Automatic suspension. Unless the board orders otherwise, a license to practice
professional or practical nursing is automatically suspended if:
(1) a guardian of a nurse is appointed by order of a court under sections 524.5-101 to
524.5-502;
(2) the nurse is committed by order of a court under chapter 253B; or
(3) the nurse is determined to be mentally incompetent, mentally ill, chemically dependent, or
a person dangerous to the public by a court of competent jurisdiction within or without this state.
The license remains suspended until the nurse is restored to capacity by a court and, upon
petition by the nurse, the suspension is terminated by the board after a hearing or upon agreement
between the board and the nurse.
    Subd. 3. Temporary suspension of license. In addition to any other remedy provided by
law, the board may, through its designated board member under section 214.10, subdivision
2 , temporarily suspend the license of a nurse without a hearing if the board finds that there is
probable cause to believe the nurse has violated a statute or rule the board is empowered to enforce
and continued practice by the nurse would create a serious risk of harm to others. The suspension
shall take effect upon written notice to the nurse, served by first-class mail, specifying the statute
or rule violated. The suspension shall remain in effect until the board issues a temporary stay of
suspension or a final order in the matter after a hearing or upon agreement between the board
and the nurse. At the time it issues the suspension notice, the board shall schedule a disciplinary
hearing to be held under the Administrative Procedure Act. The nurse shall be provided with at
least 20 days' notice of any hearing held under this subdivision. The hearing shall be scheduled to
begin no later than 30 days after the issuance of the suspension order.
    Subd. 4. Reissuance. The board may reinstate and reissue a license or registration certificate
to practice professional or practical nursing, but as a condition may impose any disciplinary
or corrective measure that it might originally have imposed. Any person whose license or
registration has been revoked, suspended, or limited may have the license reinstated and a new
registration issued when, in the discretion of the board, the action is warranted, provided that
the person shall be required by the board to pay the costs of the proceedings resulting in the
revocation, suspension, or limitation of the license or registration certificate and reinstatement of
the license or registration certificate, and to pay the fee for the current registration period. The
cost of proceedings shall include, but not be limited to, the cost paid by the board to the Office
of Administrative Hearings and the Office of the Attorney General for legal and investigative
services, the costs of a court reporter and witnesses, reproduction of records, board staff time,
travel, and expenses, and board members' per diem reimbursements, travel costs, and expenses.
History: 1989 c 194 s 13; 1Sp1994 c 1 art 2 s 8; 1999 c 172 s 8; 2004 c 146 art 3 s 47