Massachusetts is a thriving state with a total population of more than 7 million. For nurses, it's a great place to call home, and it's only getting better. Nursing demand is expected to continue to grow, making it a solid field for career professionals to pursue.
Nurses in the state are governed by the Massachusetts Board of Registration in Nursing, which follows the Nurse Practice Act and laws and regulations for the Board of Registration in Nursing. This act outlines the expectations of nurses as well as activities that can lead to disciplinary action.
If you're a nurse in Massachusetts, your license is vital to your ability to practice. The Lento Law Firm Professional License Defense Team helps nurses defend their licenses. If your ability to practice is at risk, give us a call at 888-535-3686 or complete this online form.
The Massachusetts Board of Nursing
Headquartered in Boston, the Massachusetts Board of Registration in Nursing oversees nurse licensing for the entire state. The board is made up of 17 members, appointed by the governor, with the following credentials as outlined by the legislature:
- 11 registered nurses (RNs)
- 2 licensed practical nurses (LPNs)
- 1 physician
- 1 pharmacist
- 2 consumers
The Massachusetts Board of Registration in Nursing follows the Nurse Practice Act and state law in disciplining nurses. If you're a nurse in Massachusetts, it's important to familiarize yourself with the policies outlined in those two places to ensure you remain compliant.
Scope of Practice in Massachusetts
Massachusetts follows standard nursing protocols when it comes to the scope of each professional's duty. RNs, APRNs, and LPNs have similar responsibilities with varying degrees of supervision.
- RN: A registered nurse has a wide range of responsibilities, including assessing patient health statuses and making judgments. RNs can administer medications.
- Advanced Practice Registered Nurse (APRN): APRNs achieve a higher degree level than RNs and therefore have more responsibility. Massachusetts allows APRNs to diagnose and treat patients, as well as making advanced assessments.
- LPN: Like RNs, LPNs assess and make judgments about patients, but the difference is that they do so under the supervision of a doctor or an RN.
In Massachusetts, nurses are expected to practice within the scope of their particular license. An LPN administering medication without direct supervision can face disciplinary action. That's only one of many activities that can put a nurse's license at risk, though.
Practicing Without a Nursing License in Massachusetts
Practicing outside of your scope is only one way you can run afoul of the board. Using the term registered nurse when you're an LPN is also an infraction. You should only use the credentials you've been granted by the board. The same goes for residents who practice nursing without the requisite license.
In some cases, nurses face disciplinary action for continuing to practice once their license has been revoked or suspended. Until your license is back in good standing, you should refrain from any work that can be seen as practicing without a license.
That's where a good legal team can help. The Lento Law Firm Professional License Defense Team knows how crucial it is to prepare a solid defense when your license is at risk. We'll work with you to avoid your license being revoked so that you can continue to practice.
Good Moral Character Compliance
Criminal background checks are common in healthcare licensing, but in Massachusetts, these requirements fall under a requirement titled Good Moral Character. When you initially apply for your license, you'll need to certify that you have no history of criminal activity or disciplinary action.
Massachusetts state law defines good moral character as:
- Honesty
- Trustworthiness
- Integrity
- Accountability
- Reliability
- Ability to distinguish between right and wrong
- Avoidance of aggression, both to yourself and others
- Taking responsibility for your actions
- Similar attributes the board finds relevant
If you've faced disciplinary action or have been found guilty of a crime in the past, you'll need to provide documentation. The final decision comes from the board and is based on whether your past behavior has you posing a risk to public safety and health. The board follows the Nurse Practice Act and laws and regulations for the Board of Registration in Nursing when making decisions about disciplinary action.
At renewal, you'll need to attest to compliance with the good moral character requirements. If you answer yes to criminal or disciplinary action, you'll need to submit supporting documentation. The burden of proof is on you to ensure the board has the information necessary to make a decision to renew.
Domestic Issues and Massachusetts Licensing
Massachusetts' good moral character requirements focus heavily on domestic violence. In fact, you'll need to take at least one domestic violence and sexual violence course as a condition of renewing or reinstating your license. When you apply for a license or renewal of a license in the state, you'll need to answer questions about past domestic violence incidents.
Self-disclosure isn't the only way the board can find out about these incidents, though. The board checks the Massachusetts Sex Offender Registry as well as the Massachusetts Department of Children and Families database. If the board finds anything during these checks, you'll be required to submit documentation related to what they've found.
Massachusetts Continuing Education Requirements
Your Massachusetts nursing license will come up for renewal every two years. During the two-year period, you should be working on fulfilling your continuing education (CE) requirements. To renew, you'll need to submit documentation that you've completed 15 credit hours with an approved provider.
Courses should relate to one or more of the following relevant topics:
- Nursing science and practice
- Nursing education
- Research in nursing and healthcare
- Nursing management, administration, and supervision
- Social, economic, political, and legal aspects of healthcare
- Teaching health education
There are additional courses that might count toward your CE credits. One is the above-mentioned domestic violence course. You'll also get credit for certain requirements you met as part of a formal nursing program. You may also get credit for coursework that improves your competency as a nurse, even if it's not on the list.
Patient Abuse and Neglect in Massachusetts
One of the reasons the board looks unfavorably on a past of domestic abuse is that patient abuse is an ongoing issue. Nurses accused of causing harm to patients will face an investigation and, if the complaints are founded, disciplinary action.
Massachusetts also looks unfavorably on patient neglect. Even if you don't physically assault a patient, you can bring harm by ignoring a patient in need. This can range from simply not providing basic general hygiene to allowing one patient to assault another.
Practicing While Impaired in Massachusetts
Practicing while under the influence puts patients at risk, which opposes the purpose of the board. As a result, the board takes reports seriously and investigates and disciplines reports of any nurses who are practicing while impaired. Signs that someone might be suffering from substance abuse include:
- Tardiness or absenteeism
- Taking long breaks
- Frequently leaving the work unit
- Regularly arriving at work early or staying late
- Frequent bathroom breaks
- Excessive use of sick leave, particularly in the days surrounding a planned absence
- Willingness to float or accept extra shifts
- Willingness to transport
- Eagerness to work with medication
Obviously, any of these behaviors on its own isn't an indication someone is abusing substances. Job performance is a key indicator. If someone seems excessively drowsy, exhibits sloppy job performance, or has an unusual increase in errors, it can be combined with these other indicators to alert supervisors.
The board recognizes that substance abuse is a brain disease and makes efforts to ensure nursing professionals get help. Prior to being disciplined, nurses are encouraged to reach out to the Massachusetts Nurses Association Volunteer Peer Assistance Program. Once disciplined, nurses will often be directed to the Substance Addiction Recovery Program. It's a voluntary program that can help nurses return to good standing after a founded complaint.
Other Professional Misconduct Issues
The board expects every nurse to behave in a manner that promotes public health and safety. In addition to the above-mentioned issues, the board also investigates and disciplines reports of the following types of misconduct:
- Negligent performance: Lack of skill or competence in your duties despite being educated and licensed to practice in those areas.
- Violation of standards of conduct: Flagrant disregard of the standards of practice that puts public safety at risk.
- Aiding illegal activity: Assisting someone else in committing a crime.
- Discrimination: Failing to provide necessary care based on a patient's age, ancestry, marital status, sex, sexual orientation, gender identity, gender expression, race, color, religious creed, national origin, diagnosis, or mental or physical disability.
- Breach of confidentiality: Violating a patient's right to privacy.
- Violation of patient-practitioner boundaries: Engaging in sexual relations or inappropriate relationships with patients, including borrowing money or other items.
Duty to Report
Like other states, Massachusetts doesn't just penalize nurses for misconduct. You can also be held responsible for failing to report violations you witness. If you directly observe any of the following behaviors from a fellow nurse and fail to report it, you could face disciplinary action:
- Abusing a patient
- Practicing nursing while impaired
- Diverting controlled substances
To file a complaint against a fellow nurse in Massachusetts, you should call the Board of Registration in Nursing at (800) 414-0168. You can file online, but you'll want to make sure the board knows you're the one who called in the complaint.
Multistate Nursing in Massachusetts
Unfortunately, Massachusetts is one of a handful of states that doesn't participate in the Nurse Licensure Compact. That means your Massachusetts nursing license won't let you practice in other states. If you hold a license in another state, you'll need to apply for a Massachusetts nursing license. If you want to practice outside the state, you'll have to apply for a license in each state.
The good news is Massachusetts participates in something called reciprocity. That means a nursing certificate you earned in another state can be easily transferred to Massachusetts. Your Massachusetts license will also transfer to another state through reciprocity. You'll still have to meet the criteria for practicing in each new state, but the transfer process means you won't have to start from scratch.
Protecting Your Nursing License in Massachusetts
Qualifying to work as a nurse isn't easy, so it's important to do what you can to protect your license if you can. To avoid running afoul of the Massachusetts Board of Registration in Nursing, here are some things you can do:
- Comply with all policies: Before starting work as a nurse, familiarize yourself with Massachusetts' policies and regulations so that you can avoid violating them. If you're already a practicing nurse, read through the policies as soon as possible.
- Be honest: Yes, certain behaviors can keep you from getting and renewing your nursing license, but trying to hide them will only make things worse. Disclose everything to the board.
- Don't put off CE: Yes, you'll only need proof of CE credits at renewal, but if you wait until the last minute, things can come up. Set a goal to knock out a portion of your required 15 credit hours every few months to make sure you stay on track.
- Document carefully: Charting is an important part of nursing, and it's important to avoid errors. But as you're documenting your work, be sure to keep your own notes. If a situation seems like it could come up later, it's especially important to maintain your own paperwork.
- Report violations: As a nursing professional, you're more likely to witness an indiscretion than someone who doesn't work in the field. If you see something, reach out to the nursing board as soon as possible.
- Seek legal counsel: If you receive a notice from the board, seek the help of an attorney as soon as possible. The more expertise you can put behind your responses, the better.
License Defense in Massachusetts
Having your nursing license on the line can be stressful. If it happens, though, your response can make the difference between losing your license permanently and practicing again.
The Lento Law Firm Professional License Defense Team specializes in helping nurses protect their careers. We're familiar with both the Nurse Practice Act and Massachusetts' laws and regulations for the Board of Registration in Nursing. If you're a nurse who needs help with a nursing board issue, give us a call at 888-535-3686 or complete our confidential online form and we'll be in touch.
