The Massachusetts Board of Registration in Nursing (BORN) has made public its newest revision of proposed changes to disciplinary regulations for nurses, including the newest version of "Standards of Conduct" for which nurses will be held accountable by the agency.  The proposed regulations, which were first made public in July 1999, have generated a firestorm of controversy within the nursing community, resulting in strong opposition from nurses and nursing organizations from throughout the Commonwealth. 

The public comment period for the newest version of the proposed regulations is now open.  In its call for public comments, the BORN states: 

"In September 1999, the Board held public hearings on its proposed changes to regulations at 244 CMR 2.00, 7.00 and 8.00. Subsequent to those hearings and the additional public comment period through October 7, 1999, the Board significantly revised the language of the proposed regulations at 244 CMR 2.00 and 7.00.  The newly proposed language as it appears on the BORN web site is now open for comment from all interested parties. The July 1999 language also appears on the BORN web site to provide you with the opportunity to compare the new language with the previously proposed language.

The Board welcomes your written comments on these revisions. The Board will keep the comment period open until 5:00 p.m. on Wednesday, July 5, 2000.  All written comments may be directed to Board Counsel, Board of Registration in Nursing, 239 Causeway Street, Boston, MA 02114.

MNA Response

As it has from the outset of this process, the Massachusetts Nurses Association continues to provide leadership in helping nurses understand these regulations and in mobilizing the nursing community to respond to the BORN in an effective manner.   To that end, nursing leaders and activists with an interest in this process will be reviewing this document and meeting at MNA to develop an analysis of the proposed regulations.  

Please come back to this MNA web site on June 15, 2000, when the MNA's official analysis of the BORN document will be posted on our BORN Reform page.  The site will also list the strategies you can use to impact this version of the regulation, including providing a copy of your "testimony" to both Chairs of the Joint Committee on Government Regulations.  Senate Chairman, Senator Michael Morrissey made it very clear at the Oversight Hearing before his Committee on May 11, 2000 that he and all the committee members want to view the testimony forwarded by the nurses and nursing organizations of the Commonwealth.  The leadership provided by this Committee assured that there would be another public comment period and that it would be a significant time period to allow for many nurses to participate (subsequently the month of June).  

Background on Proposed Regulations

As originally drafted, The "Standards of Conduct for Nursing Practice," and "Disciplinary Actions", comprised more than 21 pages of controversial standards never before written into the BORN regulations. The proposed Standards of Conduct included provisions of deep concern to nurses, specifically language that provided sweeping power to suspend a nurse's license with severely limited due process rights.  There was also troubling language on nursing delegation and patient abandonment issues, which the MNA believes could open the door to inadequate protections for nurses in working with unlicensed assistive personnel, as well as to increased opportunities for nurses to be unfairly mandated to work overtime. Chronically poor staffing conditions in health care facilities has lead many hospitals to increase the use of unlicensed personnel to replace nurses, as well as to a dramatic increase in "forced" overtime by nurses.  Both practices pose a danger to the public, as well as to nurses. 

Click here for a review of the MNA's analysis of the July 1999 version of the proposed regulations.

Please return to this web site on June 15th for the MNA's side-by-side analysis of the newly proposed Regs, and please read and respond to the BORN's Proposed Regs