Minnesota Nurse Practice Act: Facility Guide

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Written by Katherine Zheng, PhD, BSN Content Writer, IntelyCare
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Reviewed by Aldo Zilli, Esq. Senior Manager, B2B Content, IntelyCare
Nurses talk with a physician.

The nursing profession is incredibly versatile, with new roles regularly being established to meet the needs of the evolving healthcare landscape. To ensure that these roles are appropriately defined and regulated, each state is responsible for establishing its own set of laws and regulations governing everything related to nursing practice. In Minnesota, Nurse Practice Act (NPA) provisions provide the legal guidelines that hold all nursing professionals accountable for the care that they deliver.

As a facility leader, understanding your state’s NPA is an important way to promote quality care and keep your patients safe. In this article, we’ll summarize key aspects of the Minnesota NPA and share tips on how to enforce these laws among your staff.

Minnesota Nursing Practice Act at a Glance

The Minnesota NPA is established, updated, and enforced by the state’s board of nursing (BON). These provisions define different types of nursing professionals, detail credentialing requirements, establish professional standards, and outline scope of practice guidelines. We’ll broadly summarize these key provisions in the table below.

Summary of the Minnesota NPA
Minnesota Board of Nursing Rules and Regulations Minnesota Statutes:

Minnesota Administrative Rules:
MN Nursing Licensure Requirements To obtain a registered nurse (RN) license in Minnesota, applicants must either pass the NCLEX examination or submit an endorsement application to the BON.

Steps to Receive Licensure by Examination:

  1. Complete an accredited nursing program.
  2. Pass the NCLEX exam.
  3. Submit a licensure by examination application.
  4. Submit a background check and fingerprints.

Steps to Receive Licensure by Endorsement:

  1. Submit a licensure by endorsement application.
  2. Verify original licensure through NURSYS and any prior employers.
  3. Submit a background check and fingerprints.
  4. Submit continuing education forms (BON will contact applicants who need to do this).

More information about license renewal processes can be found on the Minnesota BON website.
Minnesota Nurse Practice Act Scope of Practice Guidelines Broad definitions of the scope of practice for licensed practical nurses (LPNs), registered nurses (RNs), and nurse practitioners (NPs) are outlined in section 148.171 of the NPA.

Examples of duties under the MN LPN scope of practice:

  • Collaborate with other care providers to develop a plan of care.
  • Implement appropriate interventions within a patient’s plan of care or when delegated by an RN.
  • Assign tasks to other LPNs and unlicensed assistive personnel.
  • Promote a safe and therapeutic environment.

Examples of duties under the MN RN scope of practice:

  • Provide comprehensive assessments of a patient’s health status.
  • Develop nursing interventions to be integrated in plans of care.
  • Delegate nursing tasks or assigning nursing activities.
  • Provide health promotion, disease prevention, and care coordination.

Examples of duties under the MN NP scope of practice:

  • Perform acts of advanced assessment.
  • Diagnose health conditions.
  • Prescribe and order medications and treatments.
  • Function as a primary care provider.

To get a side-by-side comparison of the LPN and RN scope of practice, MN facility leaders should reference the BON’s published amendment.
Minnesota Nurse Practice Act Delegation Rules Delegation and supervision rules for nursing professionals are outlined in section 144G.62 of the NPA. In summary, these rules state that:

  • RNs and LPNs should only delegate tasks to staff who are competent and possess the knowledge and skills consistent with the tasks being assigned.
  • Staff who perform delegated nursing or therapy tasks must be supervised by an appropriate health professional or RN.
  • Facilities must retain documentation of supervised activities.
Violations and Penalties As outlined in section 148.281 of the NPA, violations include but are not limited to:

  • Selling or fraudulently obtaining nursing credentials.
  • Knowingly employing people who haven’t been issued a current permit, license, or registration to practice as a nurse.
  • Conducting a nursing education program that hasn’t been approved by the board.

Any person who violates provisions of the NPA can be held liable for a misdemeanor. In addition to penalty fees, the BON can invoke other penalties on a case-by-case basis, such as licensure suspension and remedial education.
Nurse Licensure Compact (NLC) State? Minnesota is not currently part of the NLC, meaning that:

  1. In-state nurses must obtain additional licensure to practice out-of-state; and
  2. Out-of-state nurses can’t practice in Minnesota without applying for endorsement.

Improving NPA Compliance: 3 Tips for Facilities

Now that you have a better understanding of the Minnesota Nurse Practice Act, you’ll probably want to take measures to ensure your staff are meeting all professional standards. Here are three tips to help you enforce these provisions and build a better culture of safety.

1. Keep Up With Regulatory Updates

According to the Minnesota board of nursing, nurse practice act provisions may be periodically amended to clarify or reflect changes in nursing practice. It’s important to keep up with these updates to ensure that all new standards are being met by you and your staff.

For example, many nursing professionals in Minnesota have been actively pushing state legislators to join the NLC. While legislators have yet to enact laws that allow this, any future changes to these practice laws can impact how your facility hires and screens out-of-state nurses.

2. Protect Your Facility From Fake Nurses

Knowingly hiring nurses without a valid license is a clear violation of the NPA. To avoid any legal risks and keep your patients safe, it’s important to thoroughly screen and vet candidates during the hiring process and watch out for resume red flags.

If you discover that an applicant or staff member is forging their credentials, it’s important to report this to the Minnesota BON in a timely manner. You should also regularly remind your staff to renew their credentials and licenses before they expire.

3. Provide Regular Training for Your Staff

While your staff should make individual efforts to stay informed about the NPA, facility leaders play a key role in establishing and enforcing appropriate organizational protocols. Provide regular staff training that covers essential decision-making processes of carrying out and delegating nursing tasks. This will ensure that your staff aren’t stepping outside of their scope of practice and endangering patients.

Take Additional Steps to Maintain Professional Standards

If you want to promote the highest standards of care at your facility, learning about the Minnesota Nurse Practice Act is just the beginning. Get dozens of other helpful tips and insights into nurse management, practice regulations, and more, through IntelyCare’s free newsletter.

Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.

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