Nursing Homes

Minnesota Department of Health (MDH) worked with the Minnesota Association of Geriatrics Inspired Clinicians (MAGIC) to clarify provider visit licensure requirements. 

The Centers for Medicare and Medicaid Services (CMS) allows certain non-physician providers to perform the initial comprehensive visit, admission orders, and all required visits and orders for non-Medicare A patients (SOM - Appendix PP F712). 

While CMS allows non-physician providers to conduct visits more broadly, Minnesota State rules 4658.0710 - MN Rules Part remain more restrictive.  

MDH plans to update the rule to align with CMS. During the interim, facilities may request a waiver to the state rule. There is no expectation from MDH that a provider would request this waiver.  If a provider needs the waiver, it will allow physician assistants, nurse practitioners, and clinical nurse specialists to perform tasks allowed by CMS but currently prohibited by Minnesota state rule.   

If a facility chooses to pursue a waiver, see the Minnesota Association of Geriatrics Inspired Clinicians - NF Regulatory Provider Licensure Requirement Waiver website to request a waiver and submit the waiver request to Health.CM-Cert@state.mn.us. 

Effective Aug. 1  

Minnesota Statutes, section 144A.61 was revised, and the Minnesota Department of Health (MDH) will now approve curricula for medication training programs in nursing homes that meet the current requirements outlined in Minnesota Rules, 4658.1360, subpart 2, item B.

Applications to submit curriculum:

• Unlicensed Medication Aide Program application (PDF)

See revisions to Minnesota Statutes, section 144A.61, subdivision 3 Nursing Assistant Training.

Minnesota Statutes, section 144A.61, is amended in Minnesota Laws of 2025, chapter 38, article 2, section 7 by adding subdivision 3b to read: 

Commissioner approval of curricula for medication administration.  

The commissioner of health must review and approve curricula that meet the requirements in Minnesota Rules, part 4658.1360, subpart 2, item B, to train unlicensed personnel in medication administration. Significant updates or amendments, including but not limited to changes to the standards of practice to the curricula, must be approved by the commissioner. 

Minnesota Statutes, section 144A.61, is amended in Minnesota Laws of 2025, chapter 38, article 2, section 8 by adding subdivision 3c to read: 

Approved curricula.  

The commissioner must maintain a current list of acceptable medication administration curricula to be used for medication aide training programs for employees of nursing homes and certified boarding care homes on the department's website that are based on current best practice standards and meet the requirements of Minnesota Rules, part 4658.1360, subpart 2, item B.

Administration of Medications by Unlicensed Personnel.   

Minnesota Rules, part 4658.1360, subpart. 2 training.

Unlicensed nursing personnel who administer medications in a nursing home must: 

A. have completed a nursing assistant training program approved by the department; and 

B. have completed a standardized medication administration training program for unlicensed personnel in nursing homes which is offered through a Minnesota postsecondary educational institution that includes, at a minimum, instruction on the following: 

1. The complete procedure of checking the resident's medication record.
2. Preparation of the medication for administration.
3. Administration of the medication to the resident.
4. Assisting residents with self-administration as necessary.
5. Documentation after administration of the date, time, dosage, and method of administration of all medications, or the reason for not administering the medication as ordered, and the signature of the nurse or authorized person who administered and observed the same.
6. The type of information regarding medication administration reportable to a nurse.

MDH is currently undergoing a rulemaking project to update Minnesota Rules, part 4658.1360. If you would like future information about this project, please sign up for HRD’s rulemaking updates GovDelivery list.  

Thank you for your attention. 

Contact information

For additional questions please email Health.nar.coord@state.mn.us 

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