Sample Letter on Telenursing

DATE

Ms. Joelle H. Stein
Board Counsel
Massachusetts Board of Registration in Nursing
239 Causeway Street
Boston, MA 02114
 

Dear Ms. Stein:

I am writing regarding the proposed regulation 2.03 (4) concerning the 
practice of nursing in another jurisdiction using telecommunications 
technology.

It is recognized that whenever nursing services are delivered, the practice 
constitutes nursing practice.  This includes the practice of nursing using 
telecommunications technologies.  The difficulty arises when this practice 
crosses state or even national boundaries.  The proposed regulation requires 
that the nurse practicing telenursing be licensed in any state where patients 
may receive nursing via telecommunications technologies.

This proposed regulation imposes a requirement upon nurses that is beyond the jurisdiction of the Board of Registration in Nursing.  The authority of the 
BORN does not cross state lines.  Therefore, it is inappropriate for the 
board to require nurses who practice telenursing outside the Commonwealth to obtain an out-of-state license.  It is possible that another license is 
required, however, that determination should be made by the neighboring 
state, not the Massachusetts BORN.

I believe that it would be more appropriate for the proposed regulation to 
read: 

"A nurse licensed by the Board who, while physically located within Massachusetts, provides a nursing service using telecommunications technology to a person physically located outside Massachusetts may also be governed by the licensure and practice laws and regulations of the state or jurisdiction in which the recipient of such service is located."

Thank you for considering my comments and suggestion.

Sincerely,
 
 

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