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The 190th General Court of the Commonwealth of Massachusetts

Section 10A: Practical nurses; education and training program; default on obligation to complete employment requirement or repay costs; penalties

Section 10A. (a) The commandant of the Soldiers' Home in Massachusetts may establish a program for the education and training of practical nurses and promulgate regulations to govern the program. The commonwealth may provide the education and training at no cost to the program participants, apart from fees and uniforms. A participant completing the education and training program and licensed as a practical nurse by the board of registration in nursing shall be required to obtain employment as a practical nurse at a state?operated facility for 2,000 hours on either a full?time or part?time basis as specified by the commandant, or as determined by the appointing authority of the state facility where the person becomes employed. Program participants shall be required to sign an agreement acknowledging either their work commitment to the commonwealth or, in lieu of completing a work commitment, their obligation to repay the cost of the education and training program to the Soldiers' Home in Massachusetts.

(b) If a participant who has completed the education and training program, and is licensed by the board as a practical nurse, fails to complete the employment requirement or any portion thereof, or fails to repay any of the costs thereof, the remaining contractual obligation between the Soldiers' Home and the participant shall be charged against the participant. The commandant shall, in his discretion, determine the names of those defaulting on their obligations in the training and education program and report those names, addresses and license numbers to the board of registration in nursing. The commandant shall notify those he has determined to be in default that he has initiated proceedings that could result in the suspension or revocation of their licenses. The commandant shall also initiate an action to suspend or revoke the nursing license of each defaulting participant before the division of administrative law appeals. The division shall schedule an adjudicatory hearing under section 10 of chapter 30A within 30 days of receipt of the commandant's notice and shall notify the commandant and the licensee that they have the right to a full and fair hearing on the matter. For purposes of the hearings, the commandant's written representation, executed under the pains and penalties of perjury, with supporting documentation, to the division establishing that a participant is in default of his obligation shall be prima facie evidence of default. The commandant shall notify the board of registration in nursing of the final written decision of the division of administrative law appeals. If the division finds the license should be suspended or revoked, the board of registration in nursing shall, within 15 days of receipt of the finding, suspend or revoke the license. Within 30 days of receipt of notice of the final decision of the division or, if a petition for rehearing has been timely filed with the division, within 30 days after receipt of notice of the division's denial of the petition for rehearing, an aggrieved party may file for judicial review in superior court pursuant to section 14 of said chapter 30A.

(c) A license that has been suspended or revoked under this section shall not be reinstated or renewed until the commandant notifies the board of registration in nursing that the participant is in good standing with respect to all costs or employment commitments to the commonwealth. Upon that notice, the board may reissue or renew the individual's license.

(d) Notwithstanding subsections (a), (b) and (c), the board of registration in nursing may take additional actions or sanctions against the individual as provided by law and regulation.