Government and Politics
January 8, 2025
From: Massachusetts Governor Maura HealeyBoard of Registration in Nursing vote codifies Shield Law and reaffirms protections from discipline for MA-licensed nurses for providing these essential services
Boston - The Massachusetts Department of Public Health’s (DPH) Board of Registration in Nursing today approved emergency amendments to regulations that will protect nurses from disqualification from licensure and from Board discipline for providing, or assisting in providing, reproductive health care services in Massachusetts.
In a unanimous decision, the Board voted to implement and codify into regulation the provisions of the Shield Law (Chapter 127 of the Acts of 2022, An Act Expanding Protections for Reproductive and Gender Affirming Care; M.G.L. c. 112, § 77) to reinforce consistency with the law and to reassure nurses in Massachusetts who may fear action against their license for providing, or assisting in providing, these services lawfully and consistent with good medical practice in the state.
“When Roe was overturned, we worked with the Legislature to take immediate action to protect providers and patients from liability for providing or receiving an abortion. Today, with attacks on reproductive health care and providers escalating across the country, we’re proud to take action to further strengthen those protections,” said Governor Maura Healey. “In Massachusetts, we’re always going to protect people’s rights and freedoms, and we’re going to make sure that everyone can access the high-quality health care they need.”
“Our nurses and other providers should not fear discipline or legal action for providing essential health care,” said Lieutenant Governor Kim Driscoll. “We’re grateful to the Board of Registration in Nursing for approving these emergency regulations today, which will further ensure that Massachusetts remains a place that everyone can access comprehensive reproductive health care services, including abortion care.”
The Board voted to promulgate emergency amendments to the following regulations: 244 CMR 7.00: Investigations, Complaints and Board Actions and 244 CMR 8.00: Licensure Requirements. The emergency amendments reflect the rapidly evolving variations in state laws applicable to reproductive and gender-affirming health care services across the country.
These amendments help reassure nurses in Massachusetts of their protections from license denial, or disciplinary actions related to circumstances arising from the provision of reproductive and gender-affirming health care services.
“This action by the Board of Registration in Nursing sends a powerful and reassuring message to the dedicated Massachusetts nurses who provide compassionate, high-quality, reproductive and gender-affirming health care. They should be supported and celebrated in our Commonwealth,” said Public Health Commissioner Robbie Goldstein, MD, PhD. “Doing the right thing for patients should never be a source of fear or concern. DPH will continue to work in solidarity with providers across the state, dismantling barriers to critical, life-saving health care and services, and protecting those who courageously deliver this vital care.”
Approval on an emergency basis allows the amendments to take effect for a three-month period upon filing with the Secretary of State’s Office while the regulatory process continues, including a public comment period and hearing. DPH will then bring these amendments back to the Board for finalization.
DPH is taking additional steps to extend these assurances and protections to all licensed health care providers in Massachusetts who play a role in providing crucial reproductive care services in the state. Similar amendments will be considered by various health professions licensure boards on the following dates: