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June 19, 2024 Clouds | 78°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 77: Investigation of complaints; national data reporting systems

Section 77. The board shall investigate all complaints of violation of sections seventy-four to eighty-one C, inclusive, and report same to the proper prosecuting officers. The board shall participate in national data reporting systems which provide information on individual nurses.

Notwithstanding any general or special law to the contrary, no person shall be subject to discipline by the board, including the revocation, suspension or cancellation of the certificate of registration or reprimand, censure or monetary fine, for providing or assisting in the provision of reproductive health care services or gender-affirming health care services, as those terms are defined in section 11I1/2 of chapter 12, or for any judgment, discipline or other sanction arising from such health care services if the services as provided would have been lawful and consistent with the standard of conduct for nurses if they occurred entirely in the commonwealth.

The board shall not make available for public dissemination on an advanced practice registered nurse's individual profile the record of any criminal conviction or charge for a felony or serious misdemeanor, final disciplinary action by a licensing board in another state or a malpractice court judgment, arbitration award or settlement that resulted from providing or assisting in the provision of reproductive health care services or gender-affirming health care services or for any judgment, discipline or other sanction arising from such health care services if the services as provided would have been lawful and consistent with the scope and standards of advanced practice registered nursing practice if they occurred entirely in the commonwealth.

The board shall not take adverse action on an application for registration of a qualified nurse based on a criminal or civil action or disciplinary action by a licensing board of another state or a medical malpractice claim in another state arising from such health care services that, as provided, would have been lawful and consistent with the standard of conduct for nurses if they occurred entirely in the commonwealth.

Nothing in this section shall be construed to regulate the practice of nursing in any other state.