2000 Minnesota Statutes

     148.171 Definitions; title. 

    Subdivision 1.    Title.  Sections 148.171 to 148.285 
 shall be referred to as the Minnesota Nurse Practice Act. 

    Subd. 2.    Scope.  As used in sections 148.171 to 
 148.285, the definitions in this section have the meanings given.

    Subd. 3.    Advanced practice registered nurse.  
 "Advanced practice registered nurse," abbreviated APRN, means an 
 individual licensed as a registered nurse by the board and 
 certified by a national nurse certification organization 
 acceptable to the board to practice as a clinical nurse 
 specialist, nurse anesthetist, nurse-midwife, or nurse 
 practitioner. 

    Subd. 4.    Board.  "Board" means the Minnesota board of 
 nursing. 

    Subd. 5.    Clinical nurse specialist practice.  
 "Clinical nurse specialist practice" means the provision of 
 patient care in a particular specialty or subspecialty of 
 advanced practice registered nursing within the context of 
 collaborative management, and includes:  (1) diagnosing illness 
 and disease; (2) providing nonpharmacologic treatment, including 
 psychotherapy; (3) promoting wellness; and (4) preventing 
 illness and disease.  The certified clinical nurse specialist is 
 certified for advanced practice registered nursing in a specific 
 field of clinical nurse specialist practice.  

    Subd. 6.    Collaborative management.  "Collaborative 
 management" is a mutually agreed upon plan between an advanced 
 practice registered nurse and one or more physicians or surgeons 
 licensed under chapter 147 that designates the scope of 
 collaboration necessary to manage the care of patients.  The 
 advanced practice registered nurse and the one or more 
 physicians must have experience in providing care to patients 
 with the same or similar medical problems, except that certified 
 registered nurse anesthetists may continue to provide anesthesia 
 in collaboration with physicians, including surgeons, 
 podiatrists licensed under chapter 153, and dentists licensed 
 under chapter 150A.  Certified registered nurse anesthetists 
 must provide anesthesia services at the same hospital, clinic, 
 or health care setting as the physician, surgeon, podiatrist, or 
 dentist. 

    Subd. 7.    Consultation.  "Consultation" means the 
 process in which an advanced practice registered nurse who 
 maintains primary management responsibility for a patient's care 
 seeks advice or opinion of a physician or another member of the 
 health care team. 

    Subd. 8.    Licensed practical nurse.  "Licensed 
 practical nurse," abbreviated L.P.N., means an individual 
 licensed by the board to practice practical nursing. 

    Subd. 9.    Nurse.  "Nurse" means registered nurse, 
 advanced practice registered nurse, and licensed practical nurse 
 unless the context clearly refers to only one category. 

    Subd. 10.    Nurse-midwife practice.  "Nurse-midwife 
 practice" means the management of women's primary health care, 
 focusing on pregnancy, childbirth, the postpartum period, care 
 of the newborn, and the family planning and gynecological needs 
 of women and includes diagnosing and providing nonpharmacologic 
 treatment within a system that provides for consultation, 
 collaborative management, and referral as indicated by the 
 health status of patients.  

    Subd. 11.    Nurse practitioner practice.  "Nurse 
 practitioner practice" means, within the context of 
 collaborative management:  (1) diagnosing, directly managing, 
 and preventing acute and chronic illness and disease; and (2) 
 promoting wellness, including providing nonpharmacologic 
 treatment.  The certified nurse practitioner is certified for 
 advanced registered nurse practice in a specific field of nurse 
 practitioner practice.  

    Subd. 12.    Nursing assistant.  "Nursing assistant" 
 means an individual providing nursing or nursing-related 
 services that do not require the specialized knowledge and skill 
 of a nurse, at the direction of a nurse, but does not include a 
 licensed health professional or an individual who volunteers to 
 provide such services without monetary compensation. 

    Subd. 13.    Practice of advanced practice registered 
 nursing.  The "practice of advanced practice registered 
 nursing" means the performance of clinical nurse specialist 
 practice, nurse-midwife practice, nurse practitioner practice, 
 or registered nurse anesthetist practice as defined in 
 subdivisions 5, 10, 11, and 21.  The practice includes 
 functioning as a direct care provider, case manager, consultant, 
 educator, and researcher.  The practice of advanced practice 
 registered nursing also includes accepting referrals from, 
 consulting with, cooperating with, or referring to all other 
 types of health care providers, including but not limited to 
 physicians, chiropractors, podiatrists, and dentists, provided 
 that the advanced practice registered nurse and the other 
 provider are practicing within their scopes of practice as 
 defined in state law.  The advanced practice registered nurse 
 must practice within a health care system that provides for 
 consultation, collaborative management, and referral as 
 indicated by the health status of the patient. 

    Subd. 14.    Practice of practical nursing.  The 
 "practice of practical nursing" means the performance for 
 compensation or personal profit of any of those services in 
 observing and caring for the ill, injured, or infirm, in 
 applying counsel and procedure to safeguard life and health, in 
 administering medication and treatment prescribed by a licensed 
 health professional, which are commonly performed by licensed 
 practical nurses and which require specialized knowledge and 
 skill such as are taught or acquired in an approved school of 
 practical nursing, but which do not require the specialized 
 education, knowledge, and skill of a registered nurse. 

    Subd. 15.    Practice of professional nursing.  The 
 "practice of professional nursing" means the performance for 
 compensation or personal profit of the professional 
 interpersonal service of:  (1) providing a nursing assessment of 
 the actual or potential health needs of individuals, families, 
 or communities; (2) providing nursing care supportive to or 
 restorative of life by functions such as skilled ministration of 
 nursing care, supervising and teaching nursing personnel, health 
 teaching and counseling, case finding, and referral to other 
 health resources; and (3) evaluating these actions.  The 
 practice of professional nursing includes both independent 
 nursing functions and delegated medical functions which may be 
 performed in collaboration with other health team members, or 
 may be delegated by the professional nurse to other nursing 
 personnel.  Independent nursing function may also be performed 
 autonomously.  The practice of professional nursing requires 
 that level of special education, knowledge, and skill ordinarily 
 expected of an individual who has completed an approved 
 professional nursing education program as described in section 
 148.211, subdivision 1.  

    Subd. 16.    Prescribing.  "Prescribing" means the act 
 of generating a prescription for the preparation of, use of, or 
 manner of using a drug or therapeutic device in accordance with 
 the provisions of section 148.235.  Prescribing does not include 
 recommending the use of a drug or therapeutic device which is 
 not required by the federal Food and Drug Administration to meet 
 the labeling requirements for prescription drugs and devices.  
 Prescribing also does not include recommending or administering 
 a drug or therapeutic device perioperatively by a certified 
 registered nurse anesthetist. 

    Subd. 17.    Prescription.  "Prescription" means a 
 written direction or an oral direction reduced to writing 
 provided to or for an individual patient for the preparation or 
 use of a drug or therapeutic device. 

    Subd. 18.    Public health nurse.  "Public health nurse" 
 means a registered nurse who meets the voluntary registration 
 requirements established by the board by rule.  

    Subd. 19.    Referral.  "Referral" means the process in 
 which an advanced practice registered nurse directs a patient to 
 a physician or another health care professional for management 
 of a particular problem or aspect of the patient's care. 

    Subd. 20.    Registered nurse.  "Registered nurse," 
 abbreviated R.N., means an individual licensed by the board to 
 practice professional nursing.  

    Subd. 21.    Registered nurse anesthetist practice.  
 "Registered nurse anesthetist practice" means the provision of 
 anesthesia care and related services within the context of 
 collaborative management, including selecting, obtaining, and 
 administering drugs and therapeutic devices to facilitate 
 diagnostic, therapeutic, and surgical procedures upon request, 
 assignment, or referral by a patient's physician, dentist, or 
 podiatrist.  

    Subd. 22.    Registered nurse, certified.  "Registered 
 nurse, certified," abbreviated RN,C, means a registered nurse 
 who has received certification from a national nursing 
 organization or national nurse certification organization for 
 practice according to subdivision 15 in a specialized field of 
 professional nursing.  A registered nurse, certified, shall not 
 practice advanced practice registered nursing as described in 
 subdivision 5, 10, 11, 13, or 21. 

    HIST: 1945 c 242 s 1; 1955 c 34 s 1; 1959 c 140 s 1; 1974 c 
 554 s 1; 1988 c 440 s 1; 1989 c 194 s 3; 1990 c 483 s 1; 1999 c 
 172 s 2,18