Minnesota’s hospitals and health systems have systems in place to
ensure that all care team members, including nurses, can speak up and report
any potentially unsafe situation.
In addition, MHA encourages nurses to fulfill their statutorily
mandated reporting obligations by reporting unsafe situations to the Office of
Health Facilities Complaints (OHFC). State law requires nurses to report
instances in which "the delegation of a nursing function ... could
reasonably be expected to result in unsafe or ineffective patient care" to
OHFC. Minn. Stat. sec. 148.261, subd. 1(8). Failure to fulfill these reporting obligations
constitutes grounds for disciplinary action by the Minnesota Board of Nursing,
as well as civil penalties. See Minn. Stat. sec. 148.261, subd. 1; sec.
148.263, subd. 7.
Since 2014, the Minnesota Nurses Association (MNA) has urged its
members to complete its online Concern for Safe Staffing Form. The union often shares these forms with legislators at the
MHA previously raised concerns that these forms and the process may
induce nurses to violate their statutorily mandated reporting obligations,
sending letters to MNA,
the Minnesota Board of Nursing, the Minnesota Department of Health and key legislative leaders.