Mass. Gen. Laws ch. 112A, sec. 4 — MA Code / Part I / Title XVI / Chapter 112A / Section 4
Licensing board; powers; encumbrances and deactivation; alternative programs
Status: in_force

Section 4. (a) In addition to the other powers conferred by state law, a licensing board may: (i) take adverse action against a nurse's multistate licensure privilege to practice within that party state; provided however, that only the home state may to take adverse action against a nurse's license issued by the home state; and provided further that for purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state and in so doing, the home state shall apply its own state laws to determine appropriate action; (ii) issue cease and desist orders or impose an encumbrance on a nurse's authority to practice within that party state; (iii) complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations; provided however, that the licensing board may take appropriate action and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system; and provided further, that the administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions; (iv) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as, the production of evidence; provided, however, that subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or for the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedures of that court applicable to subpoenas issued in proceedings pending before it; and provided further that the issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located; (v) obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions; (vi) if otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse; and (vii) take adverse action based on the factual findings of the remote state; provided, however, that the licensing board follows its own procedures for taking such adverse action. (b) If adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse's multistate license shall include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order. (c) Nothing in this compact shall override a party state's decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse's participation in an alternative program.

Section 4. (a) In addition to the other powers conferred by state law, a licensing board may:

(i) take adverse action against a nurse's multistate licensure privilege to practice within that party state; provided however, that only the home state may to take adverse action against a nurse's license issued by the home state; and provided further that for purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state and in so doing, the home state shall apply its own state laws to determine appropriate action;

(ii) issue cease and desist orders or impose an encumbrance on a nurse's authority to practice within that party state;

(iii) complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations; provided however, that the licensing board may take appropriate action and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system; and provided further, that the administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions;

(iv) issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as, the production of evidence; provided, however, that subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or for the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedures of that court applicable to subpoenas issued in proceedings pending before it; and provided further that the issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located;

(v) obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions;

(vi) if otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse; and

(vii) take adverse action based on the factual findings of the remote state; provided, however, that the licensing board follows its own procedures for taking such adverse action.

(b) If adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse's multistate license shall include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order.

(c) Nothing in this compact shall override a party state's decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse's participation in an alternative program.