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HOUSE DOCKET, NO. 986         FILED ON: 1/15/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2009

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kay Khan and Paul J. Donato

_______________

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 and reducing costs.

_______________

PETITION OF:

 

Name:

District/Address:

Kay Khan

11th Middlesex

Paul J. Donato

35th Middlesex

Ellen Story

3rd Hampshire

Bradley H. Jones, Jr.

20th Middlesex

Stephen Kulik

1st Franklin

Bruce J. Ayers

1st Norfolk

Matthew A. Beaton

11th Worcester

Paul Brodeur

32nd Middlesex

William N. Brownsberger

Second Suffolk and Middlesex

Thomas J. Calter

12th Plymouth

Christine E. Canavan

10th Plymouth

Edward F. Coppinger

10th Suffolk

Marcos A. Devers

16th Essex

Stephen L. DiNatale

3rd Worcester

Benjamin B. Downing

Berkshire, Hampshire, Franklin and Hampden

James J. Dwyer

30th Middlesex

Sean Garballey

23rd Middlesex

Denise C. Garlick

13th Norfolk

Anne M. Gobi

5th Worcester

Thomas A. Golden, Jr.

16th Middlesex

Kenneth I. Gordon

21st Middlesex

Bradford Hill

4th Essex

Jay R. Kaufman

15th Middlesex

Peter V. Kocot

1st Hampshire

David Paul Linsky

5th Middlesex

Brian R. Mannal

2nd Barnstable

James R. Miceli

19th Middlesex

Kevin J. Murphy

18th Middlesex

Alice Hanlon Peisch

14th Norfolk

Denise Provost

27th Middlesex

Dennis A. Rosa

4th Worcester

Tom Sannicandro

7th Middlesex

John W. Scibak

2nd Hampshire

Carl M. Sciortino, Jr.

34th Middlesex

Frank I. Smizik

15th Norfolk

Thomas M. Stanley

9th Middlesex

Aaron Vega

5th Hampden

Daniel B. Winslow

9th Norfolk

Jonathan D. Zlotnik

2nd Worcester

Benjamin Swan

11th Hampden

William Smitty Pignatelli

4th Berkshire

John H. Rogers

12th Norfolk

Paul McMurtry

11th Norfolk

Randy Hunt

5th Barnstable


HOUSE DOCKET, NO. 986        FILED ON: 1/15/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2009

By Representatives Khan of Newton and Donato of Medford, a petition (accompanied by bill, House, No. 2009) of Kay Khan, Paul J. Donato and others relative to further regulating health care costs and the dispensing of controlled substances.  Public Health. 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act improving the quality of health care and reducing costs.
 

              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 in the Official Edition 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. 

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