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School Health Nursing Program

Report to the Minnesota Legislature: Medications Dispensed in Schools Study

January 15, 2002

Appendix - Minnesota Nurse Practice Act

Minnesota State Seal
MINNESOTA BOARD OF NURSING
2829 University Avenue SE #500
Minneapolis, Minnesota 55414-3253
(612) 617-2270
Toll Free: 1-888-234-2690 (IA, MN, ND, SD, WI)
www.nursingboard.state.mn.us

THE NURSE PRACTICE ACT

Many laws and rules impact the practice of nursing. Chief among them are the Nurse Practice Act and the Minnesota Board of Nursing rules. The Nurse Practice Act is the statute or law which governs nursing in Minnesota. It is found in Minnesota Statutes section 148.171 to 148.285. The law addresses such topics as the definitions of advanced practice, professional, and practical nursing; grounds for disciplinary action and types of disciplinary action; requirements for licensure, registration, and nursing program approval; and the powers of the Board. The law also provides authority for the Board to promulgate rules. These rules are found in Minnesota Rules Chapter 6301 to 6330.

The Nurse Practice Act and the related rules apply in all settings where nursing is practiced. There may be additional laws and rules which also apply, depending on the setting in which the nurse is practicing. The Nurse Practice Act always applies whenever the nurse is practicing nursing.

Because the Nurse Practice Act has such universal application, it is important that all nurses and employers of nurses be familiar with this law. Copies of the Nurse Practice Act and the Rules are available at:

Minnesota's Bookstore
117 University Avenue
St. Paul, Minnesota 55155
(651) 297-3000 or (800) 657-3706

The law and rules may also be accessed at the Board's website: www.nursingboard.state.mn.us

If you obtained copies of the Nurse Practice Act and the Rules prior to 1999, you may want to obtain updated copies. The legislation related to advanced practice registered nursing went into effect July 1, 1999. This resulted in significant changes to the Nurse Practice Act and Rules.

Originally published in the Board of Nursing newsletter, For Your Information, Spring 2000
Reviewed and updated, May 2001

 

Legal Definitions Regarding Nursing Practice

NURSE PRACTICE ACT
Minnesota Statutes Section 148.171

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.

BOARD OF NURSING RULES
Minnesota Rules Part 6321.0100

6321.0100 DEFINITIONS.
Subpart 1. Scope. The definitions in this part apply to Minnesota Statutes, sections 148.171 to 148.285.

Subp. 2. Monitoring. "Monitoring" means the periodic inspection by a registered nurse or licensed practical nurse of a directed function or activity and includes watching during performance, checking, and tracking progress, updating a supervisor of progress or accomplishment by the person monitored, and contacting a supervisor as needed for direction and consultation.

Subp. 3. Supervision. "Supervision" means the guidance by a registered nurse for the accomplishment of a function or activity. The guidance consists of the activities included in monitoring as well as establishing the initial direction, delegating, setting expectations, directing activities and courses of action, critical watching, overseeing, evaluating, and changing a course of action.

 

Comparison of Elements of the
Definitions of Professional Nursing and Practical Nursing
Nurse Practice Act

PROFESSIONAL NURSING   PRACTICAL NURSING

Minnesota Statutes Section 148.171 (15)The "practice of professional nursing" means the performance for compensation or personal profit of the professional interpersonal service of:

(a) providing a nursing assessment of the actual or potential health needs of individuals, families, or communities;
(b) 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
(c) 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 functions 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.

 

Minnesota Statutes Section 148.171 (14)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,
  • applying counsel and procedure to safeguard life and health,
  • administering medication and treatment prescribed by a licensed health professional,
    • which are commonly performed by licensed practical nurses
    • which require specialized knowledge and skill such as are taught or acquired in an approved school of practical nursing,
    • which do not require the specialized education, knowledge, and skill of a registered nurse.

 

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