2006 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 LPN, 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 RN, 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.
History: 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