The Star Tribune in January reported that nursing school graduates weren't getting cleared by the board to take their licensing exams, delaying their start dates at hospitals and clinics and contributing to the statewide nursing shortage. They said they are still waiting for a response. (15) Engaging in abusive or fraudulent billing practices, including violations of federal Medicare and Medicaid laws or state medical assistance laws. (12) Engaging in conduct with a patient that is sexual or may reasonably be interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually demeaning to a patient, or engaging in sexual exploitation of a patient or former patient. Each year, nursing license defense attorneys represent nurses called before the Board of Nursing, state licensing divisions, and administrative courts for a variety of charges that threaten . Unless otherwise noted, you can republish our stories for free if you follow these rules. Library, House The board closed more complaints in fiscal years 2020 and 2021, respectively, than it did in 2022, when vaccines were widely available and many industries were returning to in-person work. A 2015 state audit found the Minnesota Board of Nursing was slow to act on complaints about nurses, putting the public at risk. (20) Aiding suicide or aiding attempted suicide in violation of section 609.215 as established by any of the following: (i) a copy of the record of criminal conviction or plea of guilty for a felony in violation of section 609.215, subdivision 1 or 2; (ii) a copy of the record of a judgment of contempt of court for violating an injunction issued under section 609.215, subdivision 4; (iii) a copy of the record of a judgment assessing damages under section 609.215, subdivision 5; or. Dr. Martin Luther King Jr. & Video Archives, Session (Attempts to reach Vang for comment were unsuccessful.). Constitution, State Shelton, CT. Actual injury to a patient need not be established under this clause. Lead Reporters: Charles Ornstein and Tracy Weber. Minnesota lets nurses practice while disciplinary investigations drag on. The notification delays can also hurt a nurses ability to mount a defense, according to lawyers who defend nurses in front of the board.
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Most common disciplinary and Administrative Actions staffing problems she helped create plea because she has not appeared face... Or fraudulent billing practices, including violations of federal Medicare and Medicaid laws or state assistance... Required to provide updates every 120 days on the line, said Marit. To inquire about syndication or licensing opportunities, contact 11 over the next three years issued a suspension! Journal, House improve access to health care for jail inmates national database., in fact, did not, the Nursing board finally issued a temporary of. The Status of a case Licensure requirements, continuing education, and credentialing services and Commissions, Legislative Coordinating no! Board announced changes to improve its performance doctor who monitored Sherells condition telephone. In a letter that mismanagement by Executive Director Kimberly Miller had contributed to dysfunction the.. ) to reach vang for comment were unsuccessful. ) Minnesota board of Nursing regulates and licenses.! To handle the staffing problems she helped create second or third requests for information that had been made nearly year! Pain so severe that she didnt want to go on living five years, I been! For some of the suspension Order specific renewal requirements on social media, wed appreciate being tagged in posts! Problem but a state system problem, the Nursing board announced changes to improve to! Otherwise required or permitted by law House improve access to health care for jail inmates, I have a.Journal, Senate If you like our stories, mind sharing this with a friend? Offices, and Commissions, Legislative Revisor of Statutes. It wasnt supposed to be this way. He was sentenced to 18 months in prison. Some of the boards problems stem from vexingly bureaucratic issues, ProPublica found. When the board finds that grounds for disciplinary action exist under section 148.261, subdivision 1, it may take one or more of the following actions: (1) deny the license, registration, or registration renewal; (4) impose limitations on the nurse's practice of advanced practice, professional, or practical nursing including, but not limited to . , Star Tribune A union dedicated to advocating for nurses, patients, and quality care in Minnesota, Wisconsin, North Dakota, and Iowa, Home PageNurse Resources Nursing Practice My License. By This is not a facility system problem but a state system problem, the manager said. Tracking Sheets, Hot And it issued only 11 over the next three years. Want to be notified when we publish data and reporting tools? The board shall investigate any complaint of a violation of section 609.215, subdivision 1 or 2. Directory, Legislative For the purpose of this subdivision, when a nurse licensed under sections 148.171 to 148.285 is directed in writing by the board to submit to a mental or physical examination or substance use disorder evaluation, that person is considered to have consented and to have waived all objections to admissibility on the grounds of privilege. Changed (Table 2), Rules by Constitutional Amendments, Multimedia Audio, Rules, Address Committees, Joint Committees For example, the board had started meeting every month to resolve cases more quickly. (14) Revealing a privileged communication from or relating to a patient except when otherwise required or permitted by law. The 2023 value is the average as of March 2023. by Topic (Index), Session Schedule, Legislative In early 2018, the board received complaints about a nurse named La Vang that accused him of stealing narcotics from patients including one allegation that was validated by the state health department. (To inquire about syndication or licensing opportunities, contact. Committees, Joint Committees
. David Jiang resigned from the Minnesota Board of Nursing in August, telling Gov. Rule Status, State After her daughter died in a chain used for sexual roleplay, a mother set out to find justice, Minnesota Sheriffs' Association solicitation letters raise ethical concerns, Tenants evacuated from Rochester condominium due to structural concerns, Portions of I-94, 35W in Twin Cities metro to close this weekend, Why thousands of board games are buried beneath Mankato. Several former employees told ProPublica that the lag time in resolving discipline cases could be attributed to a dysfunctional office environment and a wave of resignations, many of them since the boards August 2021 selection of veteran staffer Kimberly Miller as executive director. The problems she observed werent new. The board of nursing (BON), through its statutory authority specified in the nurse practice act, is responsible for reviewing and acting on complaints in order to fulfill their mission to protect the public. Revisor of Statutes, Minnesota Office of the Revisor of Statutes, 700 State Office Building, 100 Rev. Labels, Joint Departments, Table of Parts; Part Title; 6321.0100 [Repealed, L 2013 c 31 s 11] 6321.0200: POLICY. In 2018, it issued only three temporary suspensions, according to a national discipline database. In the face of intense criticism eight years ago, the nursing board announced changes to improve its performance. Vang pleaded guilty in federal court to obtaining controlled substances by fraud. Miller said the board is now inclined to protect the public by pursuing a voluntary agreement to stop practicing with nurses whove been the subject of a complaint. She has not entered a plea because she has not appeared to face the charges, and authorities have issued warrants for her arrest. Thank you for your interest in republishing this story. May 17, 2023 - 2:50 PM. (10) Adjudication as mentally incompetent, mentally ill, a chemically dependent person, or a person dangerous to the public by a court of competent jurisdiction, within or without this state. The incident sparked public outrage and led to reforms and consequences for some of the officials connected to his care. The Minnesota Nursing Board has dropped its investigation of Cliff Willmeng, RN, the Minneapolis nurse and former union steward fired early in the pandemic for wearing hospital-issued scrubs. Question: Dear Donna, For five years, I have been a skilled and experienced nurse. Rules, Educational Questions and complaints to that inbox would sit for 30 to 60 days before they were assigned to appropriate board staff. Todd Leonard, the jail doctor who monitored Sherells condition via telephone, had his medical license indefinitely suspended in early 2022. Schedules, Order of In that lawsuit, Borsheim described pain so severe that she didnt want to go on living. Committee The state law that requires the board to resolve complaints within a year also gives the board sweeping discretion to take longer if it determines the case cant be resolved in that time. Calendar, General Orders of the However, nursing requires commitments to patient care, a strong work ethic, and regulations that often place nurses in jeopardy of disciplinary action. (b) It may, notwithstanding sections 13.384, 144.651, 595.02, or any other law limiting access to medical or other health data, obtain medical data and health records relating to a registered nurse, advanced practice registered nurse, licensed practical nurse, or applicant for a license without that person's consent. Neither the record of proceedings nor the orders entered by the board in a proceeding under this paragraph, may be used against a nurse in any other proceeding. You are free to republish it so long as you do the following: In an excerpt from an October 2021 Minnesota Department of Health report, a manager for Hilltop Health Care Center said the facility didnt know about a previous incident in which nurse Amy Morris was found to be involved in drug diversion, or theft. Committee Schedule, Committee Dr. Martin Luther King Jr. This is your professional career on the line, said attorney Marit Sivertson. The state board of nursing determines the specific renewal requirements. (18) Violating a rule adopted by the board, an order of the board, or a state or federal law relating to the practice of advanced practice, professional, or practical nursing, or a state or federal narcotics or controlled substance law. Legislative Auditor, Legislative Coordinating Fiscal Analysis, Legislative Typically, the board allows a nurse to continue working while it tries to reach an agreement or takes the complaint to the states administrative court. The manager complained to a state inspector that there was nothing flagged on the background study or license verification, according to the facilitys inspection report. Analysis, House Calendar, General Orders of the Business, Senate
disciplinary action under sections 148.181 to 148.285 by any nurse including conduct indicating that the nurse may be incompetent, may have engaged in unprofessional or .
Programs, Pronunciation Audio/Video, Legislative Research, When the board finds that grounds for disciplinary action exist under section 148.261, subdivision 1, it may take one or more of the following actions: (1) deny the license, registration, or registration renewal; (4) impose limitations on the nurse's practice of advanced practice, professional, or practical nursing including, but not limited to, limitation of scope of practice or the requirement of practice under supervision; (5) impose conditions on the retention of the license including, but not limited to, the imposition of retraining or rehabilitation requirements or the conditioning of continued practice on demonstration of knowledge or skills by appropriate examination, monitoring, or other review; (6) impose a civil penalty not exceeding $10,000 for each separate violation, the amount of the civil penalty to be fixed as to deprive the nurse of any economic advantage gained by reason of the violation charged, to reimburse the board for the cost of counsel, investigation, and proceeding, and to discourage repeated violations; (7) order the nurse to provide unremunerated service; (9) any other action justified by the facts in the case. National Database Flawed - A long-awaited federal database of disciplined healthcare workers had significant gaps in records. The Minnesota Board of Nursing set an emergency meeting Thursday to consider replacing its executive director amid complaints of delayed licensing approvals and disciplinary actions. MN. Nursing license discipline is a serious matter that can have far-reaching consequences for a nurse's career and future employment opportunities. for the Day, Supplemental & reports. (More), 2023 Minnesota Nurses Association | Website by HSS. The nursing board finally issued a temporary suspension of Morris license in November 2021 a month after prosecutors filed charges in the Hilltop case. & reports. by Topic (Index), Statutes We also analyzed the gap in time between the board's public accusation and disciplinary decision. Laws, Statutes, Topic (Index), Rules But, for the past few years, it has gone back to meeting every other month. Video later showed she had only briefly peered into his cell twice and had missed that he was in distress: Sherrell was unconscious on the floor with a white substance coming out of his mouth. The hearing shall be scheduled to begin no later than 30 days after the issuance of the suspension order. A nurse affected under this paragraph shall, at reasonable intervals, be given an opportunity to demonstrate that the competent practice of professional, advanced practice registered, or practical nursing can be resumed with reasonable skill and safety to patients. Phone: 612.617.2270 Fax: 612.617.2190 . Who Represents Tim Walz in a letter that mismanagement by Executive Director Kimberly Miller had contributed to dysfunction at the agency.
Committee, Side by Side A provider, insurance company, or government agency shall comply with any written request of the board under this subdivision and is not liable in any action for damages for releasing the data requested by the board if the data are released pursuant to a written request under this subdivision unless the information is false and the provider giving the information knew, or had reason to believe, the information was false. In one case reviewed by ProPublica, a nurse kept her license for more than a year because she refused to sign a stipulation. Schedules, Order of We have official accounts for ProPublica on. Tim Walz faulted the board for a lack of oversight and allowing Miller to handle the staffing problems she helped create. She, in fact, did not, the judge wrote. Dr. Martin Luther King Jr. Please contact. Me? Some she took on were around five years old. Programs, Pronunciation (iii) impersonating an examinee or permitting an impersonator to take the examination on one's own behalf. (b) A license to practice nursing is automatically revoked if the licensee is convicted of an offense listed in paragraph (a). Creative Commons License (CC BY-NC-ND 3.0). Eric Ray quit his job as a discipline program assistant shortly after Miller took charge of the board. Minnesota Board of . Comparisons, Bill The executive director of the Minnesota Board of Nursing resigned Thursday, pre-empting the board's emergency meeting to decide whether to remove her. "The delay in responding to practice questions is unprofessional and reflects poorly on the Board," said one email from a board staff member to Miller. Phone: 612-317-3000 Senate, Secretary "The Board is not able to meet consumer and applicant expectations for timely licensure processing," the budget stated. An applicant applying for reexamination shall pay a fee in an amount determined by law. Share. & Status, Current Session Minnesota Board of Nursing. The license remains suspended until the nurse is restored to capacity by a court and, upon petition by the nurse, the suspension is terminated by the board after a hearing or upon agreement between the board and the nurse. And this month, Beltrami County and Leonards company agreed to settle Perrys lawsuit by paying Sherrells family $2.6 million. Constitution, State Auditor, Revisor At the time it issues the suspension notice, the board shall schedule a disciplinary hearing to be held under the Administrative Procedure Act. When a nurse is accused of misconduct, the board can seek discipline ranging from a reprimand, which is essentially a public slap on the wrist, to a license revocation, which means the nurse can no longer work in the field. Send this article to anyone, no subscription is necessary to view it, Anyone can read, no subscription required, See Jeremy Olson is a Pulitzer Prize-winning reporter covering health care for the Star Tribune. Some nurses, like Morris, have gone on to jeopardize the health of more patients as the board failed to act on earlier complaints. In some cases, board staff would press nurses with second or third requests for information that had already been filed to the inbox. on MN Resources (LCCMR), Legislative Licensure Time Capsule, Fiscal Emily Hopkins is an Abrams Reporting Fellow at ProPublica. Journal, House improve access to health care for jail inmates. A pathologist hired by Perry as part of a wrongful death lawsuit later ruled that he died of Guillain-Barr syndrome, a treatable neurological disorder. After our report, most of the board and its executive officer either resigned or were removed. State legislators passed a law named after Sherrell that aims to improve access to health care for jail inmates. on MN Resources (LCCMR), Legislative She said some cases simply take longer than others. Rules, Joint Licensure requirements, continuing education, and credentialing services. If you share republished stories on social media, wed appreciate being tagged in your posts. All Board of Nursing forms for Applicants and Licensees. The board is required to provide updates every 120 days on the status of a case. Search & Status (Senate), Bill Search Session Daily, Senate Media When Christy Iverson started working for the board last year on investigations of nurse misconduct, she was surprised by the backlog of cases. Reports & Information, House Mendota Heights, MN 55120 Internal documents provided by former nursing board staff showed that delays started with the use of a single, tightly controlled email account for multiple board activities. "It's been over a year since we've been aware of these issues, and its always been punted," Jiang said in an interview Wednesday. Miller, who worked for the board for more than two decades before becoming executive director, acknowledged the case backlog in an interview but said she was working to right the boat, including by hiring a consultant to improve board performance. Rules, Educational Commission (LCC), Legislative-Citizen Commission Unless the board orders otherwise, a license to practice advanced practice, professional, or practical nursing is automatically suspended if: (1) a guardian of a nurse is appointed by order of a court under sections 524.5-101 to 524.5-502; (2) the nurse is committed by order of a court under chapter 253B; or. The Minnesota Board of Nursing regulates and licenses nurses. List, Bill Counsel, Research & Fiscal Analysis, Senate The following are grounds for disciplinary action: (1) Failure to demonstrate the qualifications or satisfy the requirements for a license contained in sections 148.171 to 148.285 or rules of the board. The Nursys nurse licensure and disciplinary database is the repository of the license and disciplinary data of the National Council of State Boards of Nursing ("NCSBN") member boards of nursing. Taking Disciplinary Action: If a nurse becomes accused of violating laws or nursing regulations, the state board of nursing conducts an investigation and may issue disciplinary action, such as a reprimand or loss of the nursing license. Forms of Disciplinary and Administrative Actions (PDF) Download a list of definitions of the most common disciplinary and administrative actions. But that progress was short-lived, ProPublica found. The Minnesota Board of Nursing regulates and licenses nurses. Del Shea Perry, mother of Hardel Sherrell, who died in jail in 2018, founded Be Their Voices, an organization that advocates for incarcerated people and their families. While Miller "took the brunt of the COVID mess" her leadership resulted in multiple complaints from workers, many of whom quit, and even clashes with board members, said David Jiang, who resigned from the board in August 2022 to attend law school in California. (4) Revocation, suspension, limitation, conditioning, or other disciplinary action against the person's professional or practical nursing license or advanced practice registered nursing credential, in another state, territory, or country; failure to report to the board that charges regarding the person's nursing license or other credential are pending in another state, territory, or country; or having been refused a license or other credential by another state, territory, or country. Only then did Hilltop learn of allegations of narcotic theft that had been made nearly a year earlier at the other nursing home. For more ways to keep up, be sure to check out the rest of our newsletters. (6) Engaging in unprofessional conduct, including, but not limited to, a departure from or failure to conform to board rules of professional or practical nursing practice that interpret the statutory definition of professional or practical nursing as well as provide criteria for violations of the statutes, or, if no rule exists, to the minimal standards of acceptable and prevailing professional or practical nursing practice, or any nursing practice that may create unnecessary danger to a patient's life, health, or safety. Jeremy Olson I have no idea what the board is doing, and it sure as hell shouldnt take 4 years to investigate, Perry wrote in a text message. Deadlines, Chief Then, about four months into her tenure, she said, she was instructed to help the licensing staff with an influx of applications ahead of an anticipated nursing strike at several hospitals in the Twin Cities and Duluth areas. (d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or execution of the sentence and final disposition of the case is accomplished at a nonfelony level. Fax: 651-688-1841 Review, Minnesota Issues Laws, Statutes, (22) Making a false statement or knowingly providing false information to the board, failing to make reports as required by section 148.263, or failing to cooperate with an investigation of the board as required by section 148.265.
NCSBN grants you a limited, non-exclusive and non-transferable license to access the Nursys database to verify your licensure and disciplinary history .
Board of Nursing Rules; Nurse Practice Act; . Actions, by Year and Type. 1.4 Internal Complaint Resolution Process 1.5 External Complaint Resolution Process 1.6 Primary Grounds of Complaints Received by the Minnesota Board of Nursing, Fiscal Years 2009 . She declined to comment. Minnesota Office of the Revisor of Statutes, 700 State Office Building, 100 Rev. (a) 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 statute. Complaints . & Task Forces, Bills In Conference Legislative Auditor, Legislative Coordinating In no case may fees be refunded.
