Mass. Gen. Laws ch. 112A § 1

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session
Section 112A:1 - Definitions

As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

"Adverse action", an administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice or any other encumbrance on licensure affecting a nurse's authorization to practice, including issuance of a cease and desist action.

"Alternative program", a non-disciplinary monitoring program approved by a licensing board.

"Compact" or "Nurse Licensure Compact", the legally binding agreement between party states as adopted by the National Council of State Boards of Nursing Nurse Licensure Compact in its Final Version dated May 4, 2015, and entered into by the commonwealth in accordance with this chapter.

"Coordinated licensure information system", an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.

"Current significant investigative information", (i) investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or (ii) investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.

"Encumbrance", a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.

"Home state", the party state which is the nurse's primary state of residence.

"Interstate commission", the Interstate Commission of Nurse Licensure Compact Administrators as established in section 6 of this chapter.

"Licensing board", a party state's regulatory body responsible for issuing nurse licenses.

"Multistate license", a license to practice as a registered nurse, a licensed practical or vocational nurse issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.

"Multistate licensure privilege", a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse, a licensed practical or vocational nurse in a remote state.

"Nurse", a registered nurse, a licensed practical or vocational nurse, as those terms are defined by each party state's practice laws.

"Party state", the commonwealth and any other state that has adopted this compact.

"Remote state", a party state other than the home state.

"Single-state license", a license issued by a party state that authorizes the practice of nursing only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.

"State", a state, territory or possession of the United States and the District of Columbia.

"State practice laws", a party state's laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice and establish the methods and grounds for imposing discipline; provided, however, that "State practice laws" do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.

Mass. Gen. Laws ch. 112A, § 112A:1

Added by Acts 2024, c. 238,§ 229, eff. 11/20/2024.