1999 Minnesota Statutes

     148.235 Prescribing drugs and therapeutic devices. 

    Subdivision 1.    Certified nurse-midwives.  A certified 
 nurse-midwife may prescribe and administer drugs and therapeutic 
 devices within practice as a certified nurse-midwife. 

    Subd. 2.    Certified nurse practitioners.  A certified 
 nurse practitioner who 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 certified 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.  

    Subd. 2a.    Certified registered nurse anesthetists.  A 
 certified registered nurse anesthetist who 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 
 certified registered nurse anesthetist. 

    Subd. 3. Repealed by amendment, 1999 c 172 s 5 

    Subd. 4.    Certified clinical nurse specialists in 
 psychiatric and mental health nursing.  A certified clinical 
 nurse specialist who (1) 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 (2) has a written agreement with a psychiatrist or other 
 physician 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 
 certified clinical nurse 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.  

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

    Subd. 4a.    Other certified clinical nurse specialists. 
  A certified clinical nurse specialist who:  (1) has 
 successfully completed no less than 30 hours of formal study 
 from a college, university, or university health care 
 institution, which included the following:  instruction in 
 health assessment, medication classifications, indications, 
 dosages, contraindications, and side effects; supervised 
 practice; and competence evaluation, including evidence of the 
 application of knowledge pertaining to prescribing for and 
 therapeutic management of the clinical type of patients in the 
 certified clinical nurse specialist's practice; and (2) 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 certified clinical nurse specialist. 

    Subd. 4b.    Dispensing authority.  An advanced practice 
 registered 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. 5. Repealed by amendment, 1999 c 172 c 5 

    Subd. 6.    Standards for written agreements; review and 
 filing.  Written agreements required under this section shall 
 be maintained at the primary practice site of the advanced 
 practice registered nurse and of the collaborating physician.  
 The written agreement does not need to be filed with the board 
 of nursing or the board of medical practice. 

    Subd. 7.    Federal registration.  Any advanced practice 
 registered nurse who applies to the federal Drug Enforcement 
 Administration for a registration number shall submit to the 
 board: 

    (1) proof that requirements of this section are met; and 

    (2) a processing fee of $50. 

    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; 1999 c 172 s 5