reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 4.00 - Advanced Practice Registered Nursing › Section 4.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				244 CMR
				4.00 is to establish the conditions under which the
				Registered Nurse (RN) licensed by the Board of Registration in Nursing may be
				authorized to practice as an Advanced Practice Registered Nurse (APRN).
				244 CMR
				4.00 also establishes principles regarding clinical
				category, scope, collaboration, supervision, and accountability to which
				Advanced Practice Registered Nurses (APRNs) are subject.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 4.00 - Advanced Practice Registered Nursing › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
Definitions for terms used in
				244 CMR
				4.00 and throughout 244 CMR are set forth in
				244 CMR
				10.00:
Definitions
.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 4.00 - Advanced Practice Registered Nursing › Section 4.03 - Clinical Categories of Advanced Practice Registered Nurses

Current through Register 1525, July 5, 2024
(1) Board recognized APRN clinical categories
			 and abbreviations include:
(a) Certified
			 Registered Nurse Anesthetist (CRNA);
(b) Certified Nurse Midwife (CNM);
(c) Certified Nurse Practitioner
			 (CNP);
(d) Clinical Nurse
			 Specialist (CNS); and
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 4.00 - Advanced Practice Registered Nursing › Section 4.04 - Prohibition of Practice without Authorization and Rules Governing Advertising and Personal Identification

Current through Register 1525, July 5, 2024
No person shall announce or represent to the public that such
				person is an APRN or use the name of any APRN clinical category unless such
				person has complied with the requirements for and received Board authorization
				to practice as an APRN in accordance with
				244 CMR
				4.00.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 4.00 - Advanced Practice Registered Nursing › Section 4.05 - Eligibility Requirements for Advanced Practice Registered Nurse (APRN) Authorization

Current through Register 1525, July 5, 2024
(1)
Certified Registered Nurse Anesthetist (CRNA)
.
(a) To be eligible for initial Board
			 authorization to practice as a CRNA, an applicant must provide proof
			 satisfactory to the Board of the following:
1.
			 Valid Massachusetts RN licensure in good standing;
2. Good moral character as required by M.G.L.
			 c. 112, § 74, and as established by Board policy;
3. Compliance with the following academic
			 requirements:
a. Graduation from a graduate
			 degree program that:
i. is designed to prepare
			 the RN for practice as a CRNA; and
ii. holds accreditation from a Board
			 recognized national accrediting organization for academic programs;
			 and
b. Successful
			 completion of, at minimum, core content at the graduate level in advanced
			 assessment, advanced pathophysiology and advanced
			 pharmaco-therapeutics.
4. Current CRNA certification granted by a
			 Board Recognized APRN Certifying Organization;
5. Payment of the required fees as
			 established by the Executive Office of Administration and Finance, unless
			 waived pursuant to M.G.L. c. 112, § 1B;
6. An attestation, signed under the pains and
			 penalties of perjury, that the applicant participates in, or has applied to
			 participate in, MassHealth as either a provider of services or as a non-billing
			 provider for the purpose of ordering and referring services covered under
			 MassHealth; and
7. If engaging in
			 prescriptive practice, completion of training required pursuant to M.G.L. c.
			 94C, § 18(e).
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 4.00 - Advanced Practice Registered Nursing › Section 4.06 - Responsibility, Accountability and Scope of Practice for Advanced Practice Registered Nurses

Current through Register 1525, July 5, 2024
Each APRN is responsible and accountable for their nursing
				judgments, actions, and competency.
(1)
Certified Registered Nurse Anesthetist (CRNA)
.
(a) A CRNA will only practice in the clinical
			 category(s) for which the CRNA has attained and maintained certification. A
			 CRNA may attain additional competencies within their category(s) consistent
			 with the scope and standards of CRNA practice. It is the responsibility of each
			 CRNA to maintain records of competency-based training and submit evidence to
			 the Board upon request.
(b) The
			 scope of CRNA practice is reflective of standards for the provision of
			 healthcare services in diverse settings for for individuals across the
			 lifespan, whose health status may range from healthy through all recognized
			 levels of acuity, including persons with immediate, severe, or life-threatening
			 illness or injury, including anesthesia care and anesthesia-related care, acute
			 and chronic pain management, palliative care, emergency care, critical care,
			 resuscitative and sedation services. In order to issue prescriptions, the CRNA
			 must register with the Department of Public Health's Drug Control Program
			 pursuant to M.G.L. c. 94C, and
			 105 CMR
			 700.00:
Implementation of M.G.L. c.
			 94C
, as well as with the U.S. Drug Enforcement Agency (DEA), if
			 applicable.
(c) A CRNA who does not
			 register for prescriptive authority administers anesthesia pursuant to the
			 signed order of a registered prescriber. Such CRNA may select anesthetic agents
			 based upon protocols that are mutually developed with a registered prescriber
			 responsible for the perioperative care of a patient, as appropriate for the
			 practice setting.
(d) Pursuant to
			 M.G.L. c. 112, § 80H, the administration of anesthesia by a CRNA directly
			 to a patient does not require a prescription.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 4.00 - Advanced Practice Registered Nursing › Section 4.07 - Advanced Practice Registered Nurses Eligible to Engage in Prescriptive Practice

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of
			 244
			 CMR 4.07 is to establish, pursuant to M.G.L.
			 c. 112, §§ 80B, 80C, 80E, 80G and 80H, regulations governing the
			 practice of those APRNs who are registered prescribers.
The following APRNs are eligible to register with the
				Department of Public Health pursuant to M.G.L. c. 94C and the U.S. Drug
				Enforcement Administration to engage in prescriptive practice.
(a) A Certified Nurse Midwife authorized to
			 practice within a healthcare system as a nurse midwife by the Board pursuant to
			 M.G.L. c. 112, §§ 80B, 80C and 80G, and
			 244 CMR
			 4.00.
(b)
			 A Certified Nurse Practitioner authorized to practice as a nurse practitioner
			 by the Board pursuant to M.G.L. c. 112, §§ 80B and 80E, and
			 244 CMR
			 4.00.
(c)
			 A Psychiatric Clinical Nurse Specialist authorized to practice as a psychiatric
			 nurse mental health clinical specialist by the Board pursuant to M.G.L. c. 112,
			 §§ 80B and 80E, and
			 244 CMR
			 4.00.
(d)
			 A Certified Registered Nurse Anesthetist authorized to practice as a nurse
			 anesthetist by the Board pursuant to M.G.L. c. 112, §§ 80B and 80H,
			 and 244 CMR
			 4.00.
For purposes of
				244
				CMR 4.07, a Qualified Healthcare Professional
				means a person who meets the following criteria:
1. a physician who:
a. holds an unrestricted full license issued
			 by the Board of Registration in Medicine (BORIM) that is in good
			 standing;
b. is Board-certified in
			 a specialty area appropriately related to the APRN's area of practice, or has
			 hospital admitting privileges in a specialty area appropriately related to the
			 APRN's area of practice; and
c.
			 holds a valid controlled substances registration issued by the U.S. Drug
			 Enforcement Administration, or the Department of Public Health, or
			 both.
2. a CRNA, CNP or
			 PNMHCS who holds:
a. a valid Registered Nurse
			 license in good standing issued by the Board; and
b. advanced practice authorization issued by
			 the Board that it is in the same clinical category as the person being
			 supervised or advanced practice authorization in an area appropriately related
			 to the practice of the person being supervised; and
3. a controlled substance registration issued
			 by the U.S. Drug Enforcement Administration, or the Department of Public
			 Health, or both, for a minimum of one year; and
4. either:
a. a combination of supervised practice for a
			 minimum of two years plus independent practice authority for a minimum of one
			 year; or
b. three years of
			 independent practice authority.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 4.00 - Advanced Practice Registered Nursing › Section 4.08 - Authorization to Practice as an Advance Practice Registered Nurse in More than One Clinical Category

Current through Register 1525, July 5, 2024
An RN authorized by the Board to practice in an APRN clinical
				category may be authorized in additional APRN clinical categories in accordance
				with the requirements for authorization established for each clinical category.
				A RN authorized in more than one category must comply with the requirements for
				initial and renewal Board authorization to practice as an APRN for each
				clinical category, including payment of all initial and renewal fees
				established by the Executive Office of Administration and Finance for each APRN
				clinical category in which the RN is authorized.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 4.00 - Advanced Practice Registered Nursing › Section 4.09 - Malpractice Insurance

Current through Register 1525, July 5, 2024
An APRN with direct patient care responsibilities must obtain
				and maintain professional malpractice liability insurance with coverage of at
				least $100,000.00 per claim, with a minimum annual aggregate of not less than
				$300,000.00.
(1) Upon request by the
			 Board at any time, the APRN will provide proof of coverage satisfactory to the
			 Board based upon the above criteria.
(2) These requirements do not apply to APRNs
			 whose practice in Massachusetts is limited to professional services rendered at
			 or on behalf of federal, state, county or municipal health care
			 facilities.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 5.00 - Continuing Education › Section 5.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				244 CMR
				5.00 is to require all licensed nurses to comply with
				continuing education requirements. The Board assume licensed nurses will
				maintain the high standards of the profession in selecting quality continuing
				education programs or offerings to fulfill the continuing education
				requirement.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 5.00 - Continuing Education › Section 5.03 - Definitions

Current through Register 1525, July 5, 2024
Definitions for terms used in
				244 CMR
				5.00 and throughout 244 CMR are set forth in 244 CMR
				10.00:
Definitions and Severability
.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 5.00 - Continuing Education › Section 5.04 - Criteria for Qualification of Continuing Education Programs/Offerings

Current through Register 1525, July 5, 2024
The following guidelines are to assist the licensed nurse to
				select an appropriate continuing education program or offering and the
				continuing education provider to plan and implement continuing education
				program or offering. The overriding consideration in determining whether a
				specific program or offering qualifies as acceptable continuing education is
				that it be a planned program of learning which contributes directly to the
				professional competence of the licensed nurse.
(1)
Amount
.
(a) 60 consecutive minutes of an organized
			 learning activity is equivalent to one contact hour.
(b) One continuing education unit (C.E.U.)
			 equals ten contact hours.
(c) One
			 semester hour equals 15 contact hours.
(d) Two clinical hours (100 minutes) is the
			 equivalent of one contact hour.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 5.00 - Continuing Education › Section 5.05 - Responsibility of Individual Licensee

Current through Register 1525, July 5, 2024
It is the responsibility of each licensed nurse to maintain an
				authenticated record of continuing education programs or offerings completed,
				and to submit evidence of the required number of contact hours for that
				specific registration period upon request of the Board. This evidence should be
				maintained for two consecutive registration periods.
(1) Application for licensure renewal shall
			 be signed under the pains and penalties of perjury.
(2) The licensed nurse requested to submit
			 evidence of qualifying courses shall submit a statement or copy thereof
			 including the following:
(a) name of school,
			 institution or organization conducting the course;
(b) location of course;
(c) title of course;
(d) dates attended; and
(e) hours claimed.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 6.00 - Approval of Nursing Education Programs, Standards and Procedures › Section 6.01 - Definitions

Current through Register 1525, July 5, 2024
Definitions for terms used in
				244 CMR
				6.00 and throughout 244 CMR are set forth in
				244 CMR
				10.00:
Definitions and
				Severability
.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 6.00 - Approval of Nursing Education Programs, Standards and Procedures › Section 6.02 - Public Notice of Nursing Education Program Approval Status

Current through Register 1525, July 5, 2024
The Board shall maintain a list of the approval status of all
				nursing education programs designed to prepare and qualify a graduate to write
				the NCLEX-RN or NCLEX-PN. The Board shall notify the chief executive officer of
				the parent institution and the Program Administrator in writing within three
				months after any approval status determination including: Prerequisite,
				Initial, Full and Approval with Warning Status, as well as Withdrawal of
				Approval. In the case of nursing education programs approved in accordance with
				244
				CMR 6.03(2), the Board may
				also notify the board of nursing or corresponding body in the location where
				the parent institution has a principal place of business.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 6.00 - Approval of Nursing Education Programs, Standards and Procedures › Section 6.03 - Nursing Education Programs Eligible for Approval

Current through Register 1525, July 5, 2024
(1)
In-state
			 Programs
. Nursing education programs offered by a parent
			 institution with a principal place of business in Massachusetts must obtain
			 Board approval in accordance with
			 244
			 CMR 6.05 and must:
(a) be offered by a parent institution that
			 has and maintains parent institution accreditation;
(b) be designed to prepare and qualify a
			 graduate to write the NCLEX-RN or NCLEX-PN; and
(c) confer the following evidence of
			 completion of course work:
1. For Practical
			 Nursing programs, one of the following:
a. a
			 diploma of completion from a hospital-based diploma program;
b. a certificate of completion from a
			 community college;
c. a certificate
			 of completion from a vocational postsecondary school; or
d. an associate degree.
2. For Registered Nursing programs, one of
			 the following:
a. a diploma of completion from
			 a hospital-based diploma program;
b. an associate degree;
c. a baccalaureate degree; or
d. a certificate of completion from a
			 prelicensure graduate degree program granted Full approval.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 6.00 - Approval of Nursing Education Programs, Standards and Procedures › Section 6.05 - Procedures for the Establishment and Continuing Operation of Nursing Education Programs

Current through Register 1525, July 5, 2024
A parent institution seeking to establish or continue operation
				of a nursing education program must first obtain prior written Board approval
				in three progressive stages: Prerequisite, Initial and Full. At each stage, the
				parent institution must apply for approval on a form prescribed by the Board.
				To be considered complete, the application must include all information and
				documentation appropriate to the stage as designated on the prescribed
				form.
(1)
Prerequisite
			 Approval Status
.
(a) A parent
			 institution seeking to establish a program shall:
1. submit a complete application for
			 Prerequisite approval at least 18 months before the proposed date for student
			 admissions to the proposed program;
2. demonstrate compliance with
			 244
			 CMR 6.04 through a site survey and
			 verification of information presented in the application; and
3. provide satisfactory evidence of the
			 appointment of an Administrator qualified in accordance with
			 244
			 CMR 6.04(2)(a)  at least 12
			 months before the proposed date for student admissions.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 6.00 - Approval of Nursing Education Programs, Standards and Procedures › Section 6.06 - Site Surveys of Nursing Education Programs Granted Full Approval Status

Current through Register 1525, July 5, 2024
(1)
Site Survey of
			 Programs
. The Board shall conduct a site survey of a program
			 granted Full Approval Status for the purpose of monitoring the program's
			 compliance with
			 244
			 CMR 6.04. The Board may conduct the on-site
			 survey solely or jointly with accreditors, every eight to ten years, or more
			 frequently at the Board's discretion.
(2)
Waiver of
			 244
			 CMR 6.06(1)
.
(a) The Board may waive its on-site survey
			 based on its review of a written waiver application submitted by the
			 Administrator of a program which holds Full Approval status and is not under
			 review pursuant to
			 244
			 CMR 6.08(1). The application
			 must be submitted on a form prescribed by the Board and prepared in accordance
			 with Board guidelines, and must be received by the Board within three months of
			 the program's receipt of its notice of full accreditation status by a
			 Board-recognized accrediting agency in nursing, and accompanied by:
1. written evidence of the program's full
			 accreditation;
2. the program's
			 report evaluating its compliance with the accreditation standards of the
			 Board-recognized accrediting agency in nursing;
3. the written findings and recommendations
			 of the Board-recognized accrediting agency in nursing based on its review of
			 the program. The Board may request a progress report from the program in
			 response to the recommendation(s) of the accrediting agency; and
4. the program report addressing its
			 compliance with
			 244
			 CMR 6.04(1)(g) and (h), (2)(a) and (b),
			 (4)(b)1. and 4., and (5)(b).
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 6.00 - Approval of Nursing Education Programs, Standards and Procedures › Section 6.07 - Board Approval of Specific Nursing Education Program Changes

Current through Register 1525, July 5, 2024
(1) The following changes require Board
			 approval prior to implementation:
(a) adding
			 or removing a program option within a nursing program;
(b) an increase in student admissions of 20%
			 or more above the most recent three-year admission mean;
(c) a change in location of the nursing
			 education program;
(d) a change in
			 the program's nursing education outcomes; and
(e) a revision to the curriculum resulting in
			 a major change in the sequence of the majority of courses offered or an
			 increase, decrease or substitution in the number of credit hours or the number
			 of clock hours either in content or methods of delivery to meet nursing program
			 outcomes.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 6.00 - Approval of Nursing Education Programs, Standards and Procedures › Section 6.08 - Non-compliance with the Standards for Nursing Education Program Approval

Current through Register 1525, July 5, 2024
(1)
Review of the Approval Status of a Program
. Grounds
			 for Board review of a program's approval status and site survey include, but
			 are not limited to, the following:
(a) Board's
			 receipt of information documenting a violation of
			 244
			 CMR 6.04;
(b) with regard to parent institution
			 accreditation, program accreditation or both:
1. failure to obtain or retain
			 accreditation;
2. denial, or
			 withdrawal of accreditation; or
3.
			 change of accreditation status.
(c) failure to provide information to the
			 Board, enrolled students, program applicants, or the public concerning the
			 program, or providing false or misleading information;
(d) ongoing difficulty in retaining qualified
			 administrators or faculty;
(e)
			 failure to adhere to the program's stated mission, philosophy, outcomes,
			 policies or curriculum plan;
(f)
			 failure to provide clinical experiences necessary to meet the student learning
			 outcomes or nursing education outcomes; and
(g) ongoing annual NCLEX pass rate less than
			 80% for first-time writers.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 6.00 - Approval of Nursing Education Programs, Standards and Procedures › Section 6.09 - Procedure for Change of Governance of Nursing Education Program

Current through Register 1525, July 5, 2024
The chief executive officer of the parent institution shall
				notify the Board in writing of any anticipated change in institutional
				governance and include a planned timeline. Any such change shall require Board
				approval before such change may be effective. The notification shall include,
				but not be limited to, documentation satisfactory to the Board which
				demonstrates:
(1) all enrolled
			 students and program applicants have been notified in writing of the proposed
			 change and its impact, including cost, possible differences in curriculum,
			 locations of courses and clinical experiences, and financial
			 assistance;
(2) a plan by the
			 receiving parent institution for the appointment, if needed, of qualified
			 faculty;
(3) a plan for the
			 orientation and mentoring of faculty transferred to the receiving parent
			 institution which shall include the receiving institution's philosophy,
			 curriculum and policies;
(4) the
			 receiving parent institution has established an organizational plan and
			 communicated it to affected personnel;
(5) the receiving parent institution is
			 authorized to operate a program by statute or charter;
(6) the receiving parent institution's
			 ability to comply with
			 244 CMR
			 6.00; and
(7) the name, title and address of the
			 custodian of the records of the transferred program.
The Board may conduct a site survey to verify that the criteria
				at 244 CMR 6.09(1) through
				(7) have been met.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 6.00 - Approval of Nursing Education Programs, Standards and Procedures › Section 6.10 - Procedure for a Change of Nursing Education Program Name

Current through Register 1525, July 5, 2024
(1) The legal name of the program on file
			 with the Board shall be used in all references to the program.
(2) The parent institution shall notify the
			 Board in writing of the new name and its effective date, in the event the name
			 of the program is changed.
(3) Such
			 notification shall be filed with the Board a minimum of 30 days before the
			 effective date of the name change.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 6.00 - Approval of Nursing Education Programs, Standards and Procedures › Section 6.11 - Procedure for Discontinuance or Termination of an Approved Nursing Education Program

Current through Register 1525, July 5, 2024
(1) A parent
			 institution shall submit to the Board written notification of its intent to
			 discontinue or terminate a program. Such notification shall include:
(a) the date on which the program shall be
			 terminated or discontinued;
(b) the
			 reason(s) for the discontinuance or termination of the program;
(c) evidence satisfactory to the Board that
			 all enrolled students and program applicants have been notified in writing of
			 the intention to discontinue or terminate the program, and the date the
			 termination or discontinuance shall be effective;
(d) documentation satisfactory to the Board
			 that arrangements have been made by the Administrator for enrolled students to
			 complete their education at another Board-approved program; and
(e) the parent institution shall:
1. arrange for the permanent and secure
			 retention of all graduate records; and
2. inform the Board in writing of its plan
			 for custody of such records, including the location of all records and the
			 title of the official responsible for maintaining and issuing the
			 records.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 7.00 - Investigations, Complaints and Board Actions › Section 7.01 - Purpose

Current through Register 1525, July 5, 2024
244 CMR 7.00 authorizes Board
				staff to conduct investigations and initiate formal docketed complaints on
				behalf of the Board. It also establishes the grounds for discipline and the
				actions that may be taken in resolution of such complaints, by the Board and on
				behalf of the Board, in accordance with M.G.L. c. 30A, and
				801 CMR 1.01:
Formal Rules
. It also establishes the standards and procedures
				for summary suspensions.
Definitions for terms used in
				244 CMR
				7.00 and throughout 244 CMR are set forth in 244 CMR
				10.00:
Definitions and Severability
.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 7.00 - Investigations, Complaints and Board Actions › Section 7.02 - Investigations, Formal Docketed Complaints and Licensee's Responsibility to Respond Prior to the Issuance of an Order to Show Cause

Current through Register 1525, July 5, 2024
(1)
Investigations
			 Generally
. Any person or organization may submit information, in
			 any form, alleging misconduct by a licensee to the offices of the Board. The
			 Board may direct or authorize one or more of following actions to be taken on
			 its behalf:
(a) Review all information
			 received alleging or indicating acts or omissions by a licensee and identify
			 whether such acts or omissions, if true constitute grounds for Board action
			 pursuant to
			 244 CMR
			 7.03;
(b) Request the licensee, who is alleged to
			 have engaged in the alleged acts or omissionto submit a written response to the
			 allegations and any documents or other evidence in the licensee's possession
			 and control that may be relevant to the allegations;
(c) Gather additional information as
			 necessary to determine if the alleged acts or omissions are supported by
			 evidence; and
(d) Initiate a formal
			 docketed complaint against a licensee based on evidence that the licensee has
			 engaged in specific acts or omissions constituting grounds for board
			 action.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 7.00 - Investigations, Complaints and Board Actions › Section 7.04 - Board Actions on Complaints

Current through Register 1525, July 5, 2024
(1)
Dismissal
.
(a) The
			 Board may direct or authorize the dismissal of a docketed complaint for the
			 following reasons:
1. The Board lacks
			 jurisdiction;
2. There is
			 insufficient evidence to support a finding that the licensee engaged in acts or
			 omissions constituting grounds for Board action; or
3. There may be sufficient evidence to
			 support a finding that the licensee engaged in acts or omissions constituting
			 grounds for Board action; however the Board concludes, even if the allegations
			 are true, the alleged acts or omissions in the specific circumstances
			 presented, do not warrant action against the license or APRN
			 authorization.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 7.00 - Investigations, Complaints and Board Actions › Section 7.05 - Summary Suspension

Current through Register 1525, July 5, 2024
(1)
Purpose
. 244 CMR 7.05 establishes parameters for the
			 summary suspension of a license, in advance of a hearing, by either the full
			 Board or the Board Chair acting on the Board's behalf, in order to prevent an
			 immediate and serious threat to the public health, safety or welfare presented
			 by a licensee's practice. 244 CMR 7.05 also establishes requirements for a
			 post-suspension hearing within seven business days.
(2)
Authorization for Order of
			 Summary Suspension
.
(a)
Request
. The Executive Director, may present a request
			 for an order of summary suspension to the Board or, if the next scheduled
			 meeting of the Board will not be held for more than 48 hours, to the Board
			 Chair. The Board Chair may either defer to the full Board or act on the Board's
			 behalf. All members of the board shall receive a copy of the request for an
			 order of summary suspension presented to the Board Chair. The request for an
			 order of summary suspension must be supported by affidavits, or documentary
			 evidence.
(b)
Immediate
			 and Serious Threat
. If, upon review of the information presented
			 in the request for an order of summary suspension, the Board, or Board Chair,
			 determines the licensee's continued practice presents an immediate and serious
			 threat to the public health, safety or welfare, and summary suspension is
			 necessary to prevent that threat, the Board, or the Board Chair, acting on the
			 Board's behalf, may authorize the Executive Director to issue an order
			 summarily suspending the license, or APRN authorization, or both, of a
			 licensee.
(c)
Serious
			 Threat
. If upon review of the information presented in the request
			 for an order of summary suspension, the Board, or Board Chair, determines the
			 licensee's continued practice presents a serious threat to the public health,
			 safety or welfare, and summary suspension is necessary to prevent that threat,
			 the Board, or the Board Chair acting on the Board's behalf, may authorize the
			 Executive Director to issue an order commanding the licensee to file opposing
			 affidavits or other evidence within three business days. If upon review of all
			 the evidence submitted to the Board, the Board or Board Chair again determines
			 the licensee's continued practice presents a serious threat to the public
			 health, safety or welfare, and summary suspension is necessary to prevent that
			 threat, the Board, or the Board Chair acting on the Board's behalf, may
			 authorize the Executive Director to issue an order summarily suspending the
			 license or APRN authorization, or both, of a licensee.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 7.00 - Investigations, Complaints and Board Actions › Section 7.06 - Additional Provisions Applicable to Investigations, Complaints and Board Actions

Current through Register 1525, July 5, 2024
(1)
Advisory Letters
. An advisory letter is not a formal
			 Board action against a license, or APRN authorization, or both and makes no
			 determination or finding on whether the licensee engaged in the alleged acts or
			 omissions. It constitutes a public record of notice to the licensee:
(a) identifying the reason for closure of an
			 investigation or dismissal of a complaint;
(b) identifying any applicable statute(s),
			 regulation(s), rules, advisories or policies that are relevant to the alleged
			 acts or omissions that form the subject matter of an investigation or
			 complaint; and
(c) including a
			 reminder of the general requirement to comply with the identified
			 provisions.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 8.00 - Licensure Requirements › Section 8.01 - Definition of Terms

Current through Register 1525, July 5, 2024
Definitions for terms used in
				244 CMR
				8.00 and throughout 244 CMR are set forth in 244 CMR
				10.00:
Definitions and Severability
.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 8.00 - Licensure Requirements › Section 8.02 - Initial Licensure as a Registered Nurse by Examination

Current through Register 1525, July 5, 2024
(1) An applicant for initial licensure as a
			 Registered Nurse by examination shall submit to the Board the following
			 documentation to establish the applicant's eligibility to write the NCLEX-RN:
(a) proof satisfactory to the Board of good
			 moral character as required by M.G.L. c. 112, § 74 and as established by
			 Board policy;
(b) proof
			 satisfactory to the Board of the applicant's graduation from an approved
			 nursing education program for Registered Nurses:
1. if such program is located in the United
			 States, the District of Columbia, or a U.S. Territory, the applicant shall
			 arrange for the following items to be sent directly to the Board from the
			 program:
a. certification of graduation by
			 the program administrator or the program administrator's designee;
			 and
b. an original transcript from
			 the Registered Nurse education program from which the applicant graduated
			 verifying date of graduation and the credential conferred;
2. if such program is not located in the
			 United States, the District of Columbia, a U.S. Territory, or Canada, the
			 applicant's graduate status shall be certified by the Board or its designee by
			 the applicant's receipt of a CGFNS Certificate, a CGFNS credentials review, or
			 other Board-designated credentials review;
3. if such program is located in Canada and
			 the applicant is not eligible for licensure by reciprocity under
			 244
			 CMR 8.04(3), the applicant's
			 graduate status shall be certified by the Board or its designee;
(c) proof satisfactory to the
			 Board that the applicant has achieved a minimum score as specified by the Board
			 on a Board-designated test of English proficiency where the applicant graduated
			 from a nursing education program whose language of instruction or textbooks, or
			 both, was not English;
(d) payment
			 of all required fees, unless waived in accordance with M.G.L. c. 112, §
			 1B; and
(e) after meeting the
			 eligibility criteria in 244 CMR 8.02(1)(a) through (d), proof satisfactory to
			 the Board that the candidate has passed the NCLEX-RN during the NCLEX
			 eligibility period.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 8.00 - Licensure Requirements › Section 8.04 - Initial Licensure as a Registered Nurse or Practical Nurse by Reciprocity

Current through Register 1525, July 5, 2024
The Board may license by reciprocity (without examination) an
				applicant who is, or has been, licensed as a Registered Nurse or Practical
				Nurse in another state, the District of Columbia, a U.S. Territory, or Canada
				under laws which, in the opinion of the Board, maintain standards substantially
				the same as those required for licensure as a Registered Nurse or Practical
				Nurse in Massachusetts, as applicable.
For the purposes of 244 CMR 8.04, the Board may find an
				applicant for licensure by reciprocity has met "standards substantially the
				same" as those required for licensure as a Registered Nurse or Practical Nurse
				in Massachusetts if the applicant meets all the requirements set forth under
				244 CMR 8.04(1), (2), or (3), as applicable.
(1)
Registered Nurse Licensed in
			 Another State, the District of Columbia, or a U.S. Territory
. The
			 Board may license as a Registered Nurse by reciprocity an applicant who is, or
			 has been, licensed as a Registered Nurse in another state, the District of
			 Columbia, or a U.S. Territory after receipt, review, and approval by the Board
			 or its designee of the following documentation:
(a) proof satisfactory to the Board of the
			 applicant's good moral character as required by M.G.L. c. 112, § 74, and
			 as established by Board policy;
(b)
			 proof satisfactory to the Board of the applicant's graduation from an approved
			 nursing education program for Registered Nurses:
1. if the nursing education program is
			 located in United States, the District of Columbia, a U.S. Territory, or
			 Canada, an official transcript from the Registered Nurse education program from
			 which the applicant graduated verifying date of graduation and credential
			 conferred; or
2. if the nursing
			 education program is not located in United States, the District of Columbia, a
			 U.S. Territory, or Canada, a CGFNS Certificate, a CGFNS credentials review, or
			 other Board-designated credentials review;
(c) proof satisfactory to the Board that the
			 applicant has achieved a minimum score as specified by the Board on a
			 Board-designated test of English proficiency where the applicant graduated from
			 a nursing education program whose language of instruction or textbooks, or
			 both, was not English;
(d) proof
			 satisfactory to the Board that the applicant has passed the NCLEX-RN or the
			 SBTPE for Registered Nurses as evidenced by the applicant's licensure as a
			 Registered Nurse by examination in another state, the District of Columbia, or
			 a U.S. Territory;
(e) proof
			 satisfactory to the Board that the applicant is, or has been, licensed as a
			 Registered Nurse by examination in another state, the District of Columbia, or
			 a U.S. Territory; and
(f) payment
			 of all required fees, unless waived in accordance with M.G.L. c. 112, §
			 1B.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 8.00 - Licensure Requirements › Section 8.05 - License Renewal

Current through Register 1525, July 5, 2024
(1) A Registered
			 Nurse license must be renewed on or before the licensee's birthday in each
			 even-numbered year.
(2) A Practical
			 Nurse license must be renewed on or before the licensee's birthday in each
			 odd-numbered year.
(3) Pursuant to
			 M.G.L. c. 112, § 1B(c), the license of a registered nurse or a practical
			 nurse who is engaged in active service in the armed forces remains valid until
			 90 days following release from active duty. The continuing education
			 requirements in
			 244 CMR
			 5.00:
Continuing Education
shall not
			 apply to any biennial cycle in which the licensee was in active service within
			 90 days immediately preceding the applicable renewal deadline.
(4) An individual who holds a registered
			 nurse license or a practical nurse license issued by the Board may renew his or
			 her license in the manner and on such forms as the Board specifies for that
			 purpose, and paying the license renewal fee(s) established by the Executive
			 Office of Administration and Finance.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 8.00 - Licensure Requirements › Section 8.06 - License Retirement

Current through Register 1525, July 5, 2024
(1) A licensee who
			 meets the eligibility requirements in 244 CMR 8.06(2) may submit a petition to
			 the Board to request that his or her license be placed on retired status. A
			 retired status is a non-disciplinary license status. The Board may decline to
			 review any petition for reinstatement or return to current status from any
			 licensee whose status has been changed to retired status.
(2) A licensee is eligible to submit a
			 petition for retired status, if her or she:
(a) has a license that is not surrendered,
			 suspended or revoked at the time of the petition; and
(b) demonstrates, to the board's
			 satisfaction, that he or she intends to permanently retire from active practice
			 in the Commonwealth and in all other jurisdictions.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 8.00 - Licensure Requirements › Section 8.07 - Domestic Violence and Sexual Violence Training

Current through Register 1525, July 5, 2024
(1)
			 Pursuant to M.G.L. c. 112, § 264, applicants and licensees shall
			 participate in domestic violence and sexual violence training as a condition
			 for licensure, renewal, revival or reinstatement of licensure.
(2) The Board, in consultation with the
			 Department of Public Health, will identify programs or courses of study that
			 meet the standards required by this provision and provide its licensees with a
			 list of such programs or courses.
(3) An applicant for renewal, revival or
			 reinstatement of licensure who has previously completed a program or course
			 approved by the Board shall not be required to participate in a subsequent
			 program or course of domestic violence and sexual violence training except
			 where the Board, in its discretion, requires completion of such a program or
			 course as a condition of renewal, revival or reinstatement of
			 licensure.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 8.00 - Licensure Requirements › Section 8.08 - Applicant and Licensee Responsibilities

Current through Register 1525, July 5, 2024
(1)
Address of Record
. A licensee shall maintain, at all
			 times, a valid address of record where the licensee receives mail from the
			 United States Postal Service. The address provided on an application for
			 licensure shall serve as a licensee's address of record until the licensee
			 provides the Board with an updated address of record. A licensee shall provide
			 the Board with an updated address of record within 30 days of an address
			 change. Failure to comply with this requirement shall not excuse the licensee
			 from responding to communications sent by or on behalf of the Board to in a
			 timely manner.
(2) Applicants and
			 licensees shall be responsible for providing accurate and complete information
			 in connection with any application for initial licensure or licensure
			 renewal.
(3) The Board may direct
			 that an applicant or licensee appear in person, or provide additional
			 information or documentation, or both, as necessary for the Board's evaluation
			 of the applicant's qualifications, or good moral character, or both, in
			 connection with any application for initial licensure or licensure
			 renewal.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 9.00 - Standards of Conduct › Section 9.02 - Definitions

Current through Register 1525, July 5, 2024
Definitions for terms used in
				244 CMR 9.00 and throughout
				244 CMR are set forth in 244 CMR 10.00:
Definitions and
				Severability
.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 9.00 - Standards of Conduct › Section 9.03 - Standards of Conduct for Nurses

Current through Register 1525, July 5, 2024
Each nurse licensed by the Board and engaged in the practice of
				nursing shall have knowledge and understanding of the Standards of Conduct for
				Nurses set forth in
				244 CMR 9.00, all state laws
				and Board regulations governing the practice of nursing, and all other state
				and federal laws and regulations related to such practice.
The Board may take disciplinary action against the license of
				any nurse licensed by the Board or against any APRN authorization, or both, or
				against the nurse's right to renew such license, upon the nurse's failure to
				comply with the Standards of Conduct for Nurses or with any other laws and
				regulations related to the practice of nursing.
(1)
Practice Under Valid
			 License
. Except as provided by M.G.L. c. 112, §§ 80, 80A
			 and 81, a nurse shall only engage in the practice of nursing in Massachusetts
			 with a valid license.
(2)
Practice as Advanced Practice Registered Nurse (APRN).
A Registered Nurse may only engage in advanced practice registered nursing in
			 Massachusetts after receiving written authorization from the Board in
			 accordance with
			 244 CMR 4.00:
Advanced
			 Practice Registered Nursing
.
(3)
Practice Following Loss of
			 License
. A nurse licensed by the Board shall not engage in the
			 practice of nursing in Massachusetts, or in any way represent himself or
			 herself as a Registered Nurse or Licensed Practical Nurse, after the effective
			 date of:
(a) license expiration;
(b) license surrender under the terms and
			 conditions of a written agreement entered into with the Board;
(c) a license suspension order or license
			 revocation order contained in a final decision and order issued by the Board;
			 and
(d) a summary suspension order
			 issued by the Board in accordance with
			 244
			 CMR 7.05:
Summary Suspension of
			 License, Advanced Practice Nursing Authorization, or Right to Renew
			 License
.
The practice of nursing in Massachusetts, after the occurrence
				of any of the events set forth in 244 CMR 9.03(3)(a) through (d), shall
				constitute the unlicensed practice of nursing.
Code of Massachusetts Regulations › 244 CMR - BOARD OF REGISTRATION IN NURSING › Title 244 CMR 9.00 - Standards of Conduct › Section 9.04 - Standards of Conduct for Advanced Practice Registered Nurses (APRNs)

Current through Register 1525, July 5, 2024
In addition to the Standards of Conduct set forth in
				244 CMR 9.03(1)
				through (47), the standards set forth in 244
				CMR 9.04(1) through (6) shall govern all nurses granted APRN authorization by
				the Board.
An APRN's failure to comply with the Standards of Conduct for
				Advanced Practice Registered Nurses may serve as the basis for disciplinary
				action against the APRN's authorization in accordance with M.G.L. c. 112,
				§§ 61 and 74. Such failure may also serve as the basis for
				disciplinary action against the APRN's Registered Nurse license.
(1)
Preparation and
			 Competency
. An APRN shall practice only in the category of
			 advanced practice registered nursing for which the Board has authorized him or
			 her. The APRN's clinical practice shall include only those areas of practice
			 for which the APRN has formal, advanced nursing education and documented
			 competency. Such formal, advanced nursing education shall meet the criteria for
			 education in nursing as specified in
			 244 CMR 4.00:
Advanced
			 Practice Registered Nursing
.
(2)
Practice following Loss of
			 Authorization
. An APRN shall not engage in advanced practice
			 registered nursing, or in any way represent that he or she is authorized to
			 engage in such practice, after the effective date of the surrender, suspension,
			 or revocation of such authorization by the Board, or after the voluntary
			 relinquishment of such authorization to the Board.
(3)
Controlled Substance
			 Registrations
. An APRN who is an authorized prescriber shall:
(a) comply with
			 244 CMR 4.00:
Advanced
			 Practice Registered Nursing
governing prescriptive practice by an APRN
			 and with all federal and state laws and regulations governing prescriptive
			 practice and the handling of controlled substances; and
(b) notify the Board in writing of any
			 surrender, suspension, revocation, or other action affecting the APRN's federal
			 or state controlled substances registrations, or both, within 30 days of such
			 action. In the case of the surrender, suspension, or revocation of either
			 registration, or both, the APRN shall immediately cease all prescriptive
			 practice.