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Sample Letter on Summary Suspension
____(date)
Ms. Joelle Stein
Board Counsel
Board of Registration in Nursing
239 Causeway Street
Boston, Massachusetts 02114
Dear Ms. Stein:
My name is _________and I have been a registered
nurse for ___ years. I primarily practice in __________
nursing in a ________ setting. I am writing to express my
concerns regarding the proposed regulation at 244 CMR 7.05 regarding
Summary Suspension Disciplinary Actions. As a nurse, I am
very concerned about this issue.
The Board has reached beyond its authority and adopted
new disciplinary procedures for summarily suspending a nurse license
prior to a Board adjudicatory hearing. This proposed language
directly conflicts with the long-standing sole disciplinary authority
for the Board. In fact, it is despite the Board's recommendation
in 1992 to the legislature that they be granted summary suspension
authority and the legislature's enactment of law in 1993 that did
not grant it with the belief that existing laws, both criminal and
civil, were adequate to protect the public's interests.
Clearly the Board's responsibility to the public's
health, safety and welfare is a distinct issue from the Board's
authority and appropriated resources to fulfill that obligation
to the public. At this time, the Board's own philosophy, efficiency
and effectiveness in administering its authority are being questioned.
For example, two Dana Farber nurses had pending complaints against
their license for six years before the Board dismissed the actions
against them. Moreover, the Board has itself acknowledged
the need to alleviate its complaint backlog.
Such broad and sweeping general power used to summarily
suspend a professional license necessitates that specific "due process"
procedural requirements are met. The Board has demonstrated
it cannot satisfactorily provide these protections at this time.
I respectfully request that the Board omit this section of the proposed
regulations.
Thank you for recording my written testimony.
Sincerely,
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