Mass. Gen. Laws ch. 112, sec. 74E — MA Code / Part I / Title XVI / Chapter 112 / Section 74E
Registration of nurses; fingerprint-based background checks; fees; use of criminal history record check; promulgation of regulations
Status: in_force

[ Text of section added by 2025, 73, Sec. 30 effective November 25, 2025.] Section 74E. (a) The board of registration in nursing may obtain a state and national fingerprint-based criminal background check, as authorized by Public Law 92-544, to determine the suitability of an applicant for a license to practice nursing pursuant to sections 74, 74A, 76 and 80B. (b) Registered nurses subject to background checks pursuant to this section shall be individuals who hold ultimate responsibility for direct and indirect nursing care and are seeking: (i) licensure as a registered nurse pursuant to this chapter; and (ii) to provide nursing care, health maintenance, teaching, counseling, planning and restoration for optimal functioning and comfort of patients they serve within the commonwealth. For the purposes of this section, "advanced practice registered nurse'' shall mean a registered nurse authorized by the board of registration in nursing to perform an expanded scope of practice when caring for patients in the commonwealth consistent with section 80B. (c) Licensed practical nurses subject to background checks pursuant to this section shall be individuals who are seeking: (i) licensure as a practical nurse pursuant to this chapter; and (ii) to provide nursing care and health maintenance services to patients within the commonwealth. (d) An individual applying to the board of registration in nursing for a license to practice nursing shall submit a full set of fingerprints to the identification section of the department of state police to obtain a state and national fingerprint-based criminal background check, as authorized by Public Law 92-544, to determine the suitability of any applicant for licensure. (e) Fingerprints submitted pursuant to this section shall be used by the department of state police to conduct a state criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check in accordance with the policies and procedures established by the state identification section of the department of state police and by the department of criminal justice information services. Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state identification section of the department of state police and the department of criminal justice information services to assist the board of registration in nursing to ensure the continued suitability of these licensees and persons subject to criminal background checks under this section. The department of criminal justice information services may disseminate the results of the state and national criminal background checks to authorized staff employed by the department of public health and board of registration in nursing. (f) Each applicant shall pay a fee, as established by the secretary of administration and finance, in consultation with the secretary of public safety and security, to offset the costs of operating and administering a fingerprint-based criminal background check system. The secretary of administration and finance, in consultation with the secretary of public safety and security, may increase the fee accordingly if the Federal Bureau of Investigation increases its services fees for processing fingerprint background checks. Any fees collected from fingerprinting activity under this section shall be deposited into the Fingerprint-Based Background Check Trust Fund established in section 2HHHH of chapter 29. (g) The board of registration in nursing may use the results of the criminal history record check solely for the purpose of determining the applicant's eligibility for a license to practice nursing pursuant to sections 74, 74A, 76 and 80B. The department of public health and board of registration in nursing shall not disseminate the criminal history record check information to any other entity. (h) The department of public health and board of registration in nursing may receive all available criminal offender record information, juvenile adjudications and delinquency matters, sealed records and the results of checks of state and national criminal history information databases under Public Law 92-544. Upon receipt of the results of the state and national criminal background checks, the department of public health, board of registration in nursing and authorized staff shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information. (i) The board of registration in nursing may promulgate regulations necessary to carry out this section.

[ Text of section added by 2025, 73, Sec. 30 effective November 25, 2025.]

Section 74E. (a) The board of registration in nursing may obtain a state and national fingerprint-based criminal background check, as authorized by Public Law 92-544, to determine the suitability of an applicant for a license to practice nursing pursuant to sections 74, 74A, 76 and 80B.

(b) Registered nurses subject to background checks pursuant to this section shall be individuals who hold ultimate responsibility for direct and indirect nursing care and are seeking: (i) licensure as a registered nurse pursuant to this chapter; and (ii) to provide nursing care, health maintenance, teaching, counseling, planning and restoration for optimal functioning and comfort of patients they serve within the commonwealth. For the purposes of this section, "advanced practice registered nurse'' shall mean a registered nurse authorized by the board of registration in nursing to perform an expanded scope of practice when caring for patients in the commonwealth consistent with section 80B.

(c) Licensed practical nurses subject to background checks pursuant to this section shall be individuals who are seeking: (i) licensure as a practical nurse pursuant to this chapter; and (ii) to provide nursing care and health maintenance services to patients within the commonwealth.

(d) An individual applying to the board of registration in nursing for a license to practice nursing shall submit a full set of fingerprints to the identification section of the department of state police to obtain a state and national fingerprint-based criminal background check, as authorized by Public Law 92-544, to determine the suitability of any applicant for licensure.

(e) Fingerprints submitted pursuant to this section shall be used by the department of state police to conduct a state criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check in accordance with the policies and procedures established by the state identification section of the department of state police and by the department of criminal justice information services. Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state identification section of the department of state police and the department of criminal justice information services to assist the board of registration in nursing to ensure the continued suitability of these licensees and persons subject to criminal background checks under this section. The department of criminal justice information services may disseminate the results of the state and national criminal background checks to authorized staff employed by the department of public health and board of registration in nursing.

(f) Each applicant shall pay a fee, as established by the secretary of administration and finance, in consultation with the secretary of public safety and security, to offset the costs of operating and administering a fingerprint-based criminal background check system. The secretary of administration and finance, in consultation with the secretary of public safety and security, may increase the fee accordingly if the Federal Bureau of Investigation increases its services fees for processing fingerprint background checks. Any fees collected from fingerprinting activity under this section shall be deposited into the Fingerprint-Based Background Check Trust Fund established in section 2HHHH of chapter 29.

(g) The board of registration in nursing may use the results of the criminal history record check solely for the purpose of determining the applicant's eligibility for a license to practice nursing pursuant to sections 74, 74A, 76 and 80B. The department of public health and board of registration in nursing shall not disseminate the criminal history record check information to any other entity.

(h) The department of public health and board of registration in nursing may receive all available criminal offender record information, juvenile adjudications and delinquency matters, sealed records and the results of checks of state and national criminal history information databases under Public Law 92-544. Upon receipt of the results of the state and national criminal background checks, the department of public health, board of registration in nursing and authorized staff shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.

(i) The board of registration in nursing may promulgate regulations necessary to carry out this section.