Nurses

Nurses

We help nurses (including Registered Nurses, Advanced Practice Registered Nurses, Clinical Nurse Specialists, Nurse-Midwifes, Licensed Practical Nurses, and Nurse Practitioners) start their business, complete any transactions with their business, protect their license, navigate employment and contractor relationships, sell their business, hire and fire workers and maintain compliance with board rules, Minnesota law and Federal law.

In Minnesota, a nurse has many rules to follow ranging from Minnesota Board of Nursing propagated rules all the way to Federal Law. Nurses are also often in many contracts with employers, licensing agencies, vendors, commercial real estate agents, insurance companies, employers, employees, independent contractors, partners and local, state and federal agencies. 

 

The main rules pertaining to Minnesota nurses are the Minnesota Nurse Practice Act as well as related rules. In fact, Nurses are under a lot of rules depending on their roles in organizations and what licenses are in play. For example, a nurse working at a home care agency has to adhere to both Minnesota Department of Human Services rules, as well as Nurse Practice Act (and other State and Federal Laws.)

 

Invest in experienced legal counsel so you can focus on providing quality care (and enjoying quality time for yourself) rather than guessing and worrying about the law. 

 

A non-exhaustive list of related rules pertaining to Minnesota Nurses is below:

 

This list contains references to other Minnesota rules related to nursing practice; however, it may not be complete.

Additional rules may be found on the Web site of the Office of Revisor of Statutes.

The DHS Rules conversion table may be accessed at the DHS website.

 

148.171

Definitions; title.

148.181

Board of nursing membership, vacancies, disclosure.

148.191

Officers; staff; powers.

148.211

Licensing.

148.212

Temporary permit.

148.231

Registration; failure to register; reregistration; verification.

148.233

Identification of certified registered nurses.

148.234

State boundaries consideration.

148.235

Prescribing drugs and therapeutic devices.

148.241 

Expenses.

148.242

Fees.

148.243

Fee Amounts.

148.251

Nursing program.

148.261

Grounds for disciplinary action.

148.262

Forms of disciplinary action; automatic suspension; temporary suspension; reissuance.

148.263

Reporting obligations.

148.264

Immunity.

148.265

Nurse cooperation.

148.266

Disciplinary record on judicial review.

148.267

Reports to the commissioner of health.

148.271

Exemptions.

148.281

Violations; penalty.

148.283

Unauthorized practice of professional, advanced practice registered, and practical nursing.

148.2841

Advanced Practice Nursing Advisory Council.

148.285

Transfer of assets.

 

 

Chapter/Part

Subject

Chapter 2911

Correctional Facilities

Chapter 2960

Programs for Children

Chapter 4301

Providing Cause of Death Information

Chapter 4655

Boarding care homes

Chapter 4658

Nursing homes, including administration of medications by unlicensed personnel

Chapter 4664

Hospice Services

Chapter 4665

Supervised living facilities.Also, see the Department of Health June 2005 Information Bulletin 05-3

Chapter 4668

Home care, including assisted living home care providers

Chapter 4675.0500

Administration of anesthetic drugs in outpatient surgical centers

Chapter 4732.0560

Ordering radiographic examinations

Chapter 6950

Infection control standards for HIV, HBV

Chapter 8710.6100

Licensed school nurse

Chapter 9503

Child care center

Chapter 9505

Adult day care, community alternative care, pre-admission screening; supervision of personal care attendants

Chapter 9515.3000 – 9515.3110

Sexual Psychopathic Personality Treatment Center

Chapter 9520

Mental health services

Chapter 9530

Chemical dependency programs

Chapter 9545

Residential treatment programs for children with severe emotional disturbance

Chapter 9555

Adult foster care and social services for adults

 

Chapter/Section

Subject

Chapter 12

Emergency Management, including Emergency Health Powers Act and out-of-state license holders authority during an emergency

Section 13, subd 2

Student health data classification

Section 62A,15 subd 3a

Advanced nursing practice defined; third party reimbursement required in accident and health and non-profit health insurance policies

Section 62A.307

Reimbursement of APRN prescribing

Section 62A.3091

Reimbursement for APRN prescribing tests and x-rays

Section 62A.3092

Reimbursement of RN First Assistant

Section 62J.497

Electronic prescription drug program

Section 62M.09, subd 2

License required for health care utilization reviewers

Section 121A.21

School Health Services

Section 121A.22

Administration of drugs and medicine in public schools

Section 121A.2205

Possession and use of epinephrine injections-model policy

Section 121A.26

School preassessment teams

Section 122A.18

Board of Teaching to issue licenses (school nurses)

Section 125A.02

APRN may diagnose ADD/ADHD for purposes of identifying a child with a disability

Section 144.057

Background studies on Licensees

Section 144.121

Persons who may operate x-ray equipment

Section 144.125

Tests of infants for heritable and congenital disorders (nurse-midwives)

Section 144.29

Health records; children of school age (school nurse)

Section 144.292

Patient rights regarding health records

Section 144.4175

Reporting a person who is a health threat to others

Section 144.419

Isolation and Quarantine of persons

Section 144.4195

Due Process for Isolation or Quarantine

Section 144.6503

Nursing home staff training in Alzheimer’s disease or related disorder

Section 144.651

Health Care Bill of Rights

Section 144.6585

Name tags and professional designation required

Chapter 144A

Nursing homes, home care and supplemental nursing services agencies

Section 144A.45

Regulation of Home Care Services

Chapter 144D

Housing With Services

Section 144D.065

Housing with services staff training in Alzheimer’s disease or related disorder

Chapter 144G

Assisted Living Services

Chapter 144H        

Prescribed Pediatric Extended Care Centers

Section 145.42

Abortions; nonliability for refusal to perform

Section 145.4711 – 145.4712

Emergency care to sexual assault victims

Section 145C.03 subd 2

Not serving as agent for health care directive

Chapter 146A

Complementary and Alternative Health Care Practices

Section 148.76, subd 2

APRN may order physical therapy

Section 148.975

Duty of a nurse who performs psychotherapy to predict, warn of or take reasonable precautions to provide protection from a patient’s violent behavior; limitation on liability

Section 148B.50

Licensed professional counseling; Board of Behavioral Health and Therapy

Section 151.01, subds 16 and 23

Definitions of prescription and of practitioners who may prescribe

Section 151.37

Legend drugs, who may prescribe, possess; application of practice guidelines or protocols

Section 152.12

Controlled substances, who may prescribe, possess

Section 152.126

Prescription Monitoring Program

Section 152.28

Medical Cannabis: Health Care Practitioner Duties

Section 152.34

Nursing Facilities

Section 154.04

Persons exempt from registration as a barber

Section 157.17

Health supervision services in Board and Lodging facilities

Section 176.135

Workers’ compensation treatment; appliances; supplies

Section 181.275

Regulating nurses’ overtime

Section 182.6551 – 182.6554

Safe Patient Handling Act

Section 214.101

Suspension of professional license due to failure to pay child support

Sections 214.17-214.25

HIV, HBV, and HCV prevention program

Sections 214.31-214.37

Health Professionals Services Program

Section 214.40

Volunteer Health Care Provider Program

Section 243.251

Post-traumatic stress disorder in veteran nurses confined in adult correctional institutions

Section 245A.04 subd 12

Adult day care staff training in Alzheimer’s disease or related disorders

Chapter 245C

Human Services background studies and disqualification criteria

Section 251.15

Student Nurse contracting tuberculosis

Chapter 253B

Civil Commitment Law

Section 256B.0651

Home Care Services

Section 256B.0659

Personal Care Assistance program

Section 256B.0911

Long term care consultation

Section 256B.0913

Alternative care program

Section 256B.0917 subd 8

Living-at-home/block nurse program

Section 261.22

Application by public health nurse for care of indigent person

Section 268.0625

Revocation of business licenses

Section 270C.72

Tax delinquency – revocation of license

Section 295.52

MinnesotaCare Tax

Chapter 319B

Professional Firms Act

Section 326.56

Licenses, certificates of registration, renewals by members of armed forces on active duty

Section 595.02 subd 1(g)

Privileged communication (registered nurse)

Section 604A.01

Good Samaritan Law

Section 604.20 – 604.205

Action for sexual exploitation; psychotherapists

Section 609.2231, subd 6

Assault in the fourth degree; public employees with mandated duties (public health nurse)

Section 609.23

Mistreatment of persons confined

Section 609.231

Mistreatment of residents or patients

Section 609.341

Criminal sexual contact; psychotherapist definition includes a nurse

Section 626.52

Reporting of suspicious wounds

Section 626.556 subd 3

Reporting of maltreatment of minors

Section 626.5561 subd 1

Reporting of prenatal exposure to controlled substances

Section 626.557, subd 3

Reporting of maltreatment of vulnerable adults

Section 626.5572.16

Definition of mandated reporter

 

 

Chapter

Subject

Chapter 6301

Program approvals

Chapter 6305

Professional and practical nurse licensure

Chapter 6310

Professional and practical nurse registration

Chapter 6316

Public health nurse registration

Chapter 6321

Nursing practice and discipline (including definitions of monitoring and supervision)

 

Invest in experienced legal counsel so you can focus on providing quality care (and enjoying quality time for yourself) rather than guessing and worrying about the law. 

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