SENATE DOCKET, NO. 1455        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1079

The Commonwealth of Massachusetts

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PRESENTED BY:

Richard T. Moore

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act improving the quality of health care.

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PETITION OF:

SENATE DOCKET, NO. 1455        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1079

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act improving the quality of health care.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 1 of chapter 94C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the definition for “Marihuana” the following definition:-

“Medication Order”, an order  for medication  entered on a patient's medical record maintained at a hospital, other health facility, or ambulatory health care setting and is dispensed for immediate administration to the ultimate user by an individual who under chapter 94C administers such medication.  Where this chapter requires a prescription, a "Medication Order" shall satisfy such requirement for all purposes.

SECTION 2.  Said section 1 of said chapter 94C, as so appearing, is hereby further amended by adding the following 2 subsections to the definition of “practitioner”:-

(d) A nurse practitioner authorized by section 80I of chapter 112 and registered pursuant to subsection (f) of section 7 to distribute, dispense, conduct research with respect to, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research in the commonwealth.

(e) A nurse anesthetist authorized by section 80H of chapter 112 and registered pursuant to subsection (f) of section 7 to distribute, dispense, conduct research with respect to, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research in the commonwealth.  

SECTION 3. Subsection (d) of section 7 of said chapter 94C, as so appearing, is hereby amended by striking out paragraph (4) and inserting in place thereof the following paragraph:-

(4) a registered nurse or licensed practical nurse or a licensed dental hygienist when the licensed dental hygienist is administering local anesthesia agents under the supervision of a practitioner as defined in section 1;

SECTION 4. Said subsection (d) of said section 7 of said chapter 94C, as so appearing, is hereby further amended by striking out paragraph (7) and inserting in place thereof the following paragraph: -

(7) any person performing the nursing services which do not require licensure as a nurse by clauses (1), (2), (3) and (5) of section 80B of chapter 112 when any such person is acting under the supervision of a practitioner;

SECTION 5. Said section 7 of said chapter 94C, as so appearing, is hereby further amended by adding in lines 115 and 118 after the word “podiatrist,” the following words: - nurse practitioner, nurse anesthetist

SECTION 6. Said section 7 of said chapter 94C, as so appearing, is hereby further amended in subsection (g) by striking out in line 129 the words “of nurse practitioners and for” 

SECTION 7.  Said section 7 of said chapter 94C, as so appearing, is hereby further amended by striking out in line 138 the words:  “nurse practitioners and”

SECTION 8.  Subsection (g) of said section 7 of said chapter 94C, as so appearing, is hereby amended by striking out the last paragraph.

SECTION 9. Section 9 of said chapter 94C, as so appearing, is hereby amended by inserting in line 1 after the word “podiatrist,” the following words:- nurse practitioner, nurse anesthetist,

SECTION 10. Said section 9 of said chapter 94C, as so appearing, is hereby further amended by inserting in line 27 after the words “nurse-midwifery,” the following words:- advanced practice nursing

SECTION 11. Said section 9 of said chapter 94C, as so appearing, is hereby further amended in line 3 by striking out the words “nurse practitioner and” and in lines 7 and 8 by striking the words “nurse anesthetist, as limited by subsection (g) of said section 7 and section 80H of said chapter 112,”

SECTION 12. Said section 9 of said chapter 94C, as so appearing, is hereby further amended in lines 91 and 98 by adding after the words “nurse practitioner,” the following words:- nurse anesthetist

SECTION 13. Section 18 of said chapter 94C, as so appearing, is hereby amended in lines 10, 26 and 52 by adding after the words “to practice medicine” the following words:- or advanced practice nursing

SECTION 14. Said section 18 of chapter 94C, as so appearing, is hereby further amended in line 24 by adding after the words “said physician” the following words:- , nurse practitioner or nurse anesthetist

SECTION 15. Said section 18 of chapter 94C, as so appearing, is hereby further amended in line 38 by adding after the words “practice medicine” the following words:- , a nurse practitioner who is licensed to practice advanced practice nursing or a nurse anesthetist who is licensed to practice advanced practice nursing

SECTION 16.  Section 80B of chapter 112, as so appearing, is hereby amended by inserting in line 12 after the word “practitioners” the following words:- , nurse anesthetists

SECTION 17.  Said section 80B of chapter 112, as so appearing, is hereby further amended by striking out the seventh paragraph and inserting in place thereof the following paragraph:-

Advanced practice nursing regulations which govern the provision of advanced practice nursing services and related care, including but not limited to the ordering and interpreting of tests and the ordering of treatment and therapeutics and any registration as a practitioner under chapter 94C, shall be promulgated by the board.

SECTION 18.  Said section 80B of chapter 112, as so appearing, is hereby further amended by striking out in lines 50 and 51 the following words:-  “in the ordering of tests, therapeutics and the prescribing of medications,”

SECTION 19.  Section 80E of chapter 112, as so appearing, is hereby amended by striking out in lines 1 and 7 the following words:- nurse practitioner or

SECTION 20. Chapter 112 of the General Laws, as so appearing, is hereby amended by striking out the Section 80H and inserting in place thereof the following section:- 

Section 80H. Pursuant to section 80B, a nurse anesthetist may be registered to distribute, dispense, conduct research with respect to, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research in the commonwealth in accordance with regulations promulgated by the board of registration in nursing after consultation with the department of public health.

SECTION 21. Section 211 of said chapter 112, as so appearing, is hereby amended in line 31 by inserting after the word “physician” the following words:- or nurse anesthetist

SECTION 22. Said section 211 of said chapter 112, as so appearing, is hereby further amended in line 33 by adding after the word “anesthesiologist” the following words:- or nurse anesthetist

SECTION 23.  Section 80I of chapter 112 of the General Laws inserted by section 113 of chapter 224 of the acts of 2012 is hereby amended by striking out the second and third sentence and inserting in place thereof the following sentence:-  

Pursuant to section 80B, a nurse practitioner may be registered to distribute, dispense,    conduct research with respect to, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research in the commonwealth in accordance with regulations promulgated by the board of registration in nursing after consultation with the department of public health.