2003 Minnesota Statutes

     148.211 Licensing. 

    Subdivision 1.    Licensure by examination.  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 rule.  An applicant applying for 
 reexamination shall pay a fee in an amount determined by rule. 
 In no case may fees be refunded. 

    Before being scheduled for examination, the applicant shall 
 provide written evidence verified by oath that the applicant (1) 
 has not engaged in conduct warranting disciplinary action as set 
 forth in section 148.261; (2) meets secondary education 
 requirements as determined by the board and other preliminary 
 qualification requirements the board may prescribe by rule; and 
 (3) has completed a course of study in a nursing program 
 approved by the board, another United States nursing board, or a 
 Canadian province.  An applicant who graduates from a nursing 
 program in another country, except Canada, must also 
 successfully complete the Commission on Graduates of Foreign 
 Nursing Schools Qualifying Examination.  The nursing program 
 must be approved for the preparation of applicants for the type 
 of license for which the application has been submitted. 

    The applicant must pass a written examination in the 
 subjects the board may determine.  Written examination includes 
 both paper and pencil examinations and examinations administered 
 with a computer and related technology.  Each written 
 examination may be supplemented by an oral or practical 
 examination.  An applicant failing to pass the examination may 
 apply for reexamination. 

    Upon submission by the applicant of an affidavit of 
 graduation or transcript from an approved nursing program as 
 well as proof that the applicant has passed the examination, 
 paid the required fees, and met all other 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. 

    HIST: 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 
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