Massachusetts Nursing Board Codifies Abortion Protections
BOSTON — Massachusetts on Wednesday approved a series of emergency amendments to regulations that will protect nurses from discipline or disqualification for assisting in or providing reproductive health services.
In a unanimous decision, the state Department of Public Health’s Board of Registration in Nursing voted to implement and codify into regulation the provisions of the three-year-old Shield Law, which expanded protections for reproductive and gender affirming care.
The action was intended to reinforce consistency with the law and to reassure nurses who may fear action against their license, that providing reproductive health care is lawful and consistent with good medical practice within 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,” said Massachusetts Gov. Maura Healey in a written statement.
“Today, with attacks on reproductive health care and providers escalating across the country, we’re proud to take action to further strengthen those protections,” she said.
“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,” she added.
The emergency amendments voted on by the board reflect the rapidly evolving variations in state laws applicable to reproductive and gender-affirming health care services across the country.
“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,” said Dr. Robbie Goldstein, the state’s public health commissioner.
“Doing the right thing for patients should never be a source of fear or concern. The Department of Public Health 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,” Goldstein said.
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.
Department officials said they will then bring the amendments back to the board for finalization. In the meantime, they said they will be taking additional steps to extend similar assurances and protection to other licensed health care providers in Massachusetts.
In the coming weeks, votes similar to the one carried out Wednesday will be taken by the Board of Registration of Medicine, Pharmacy, Physician Assistants, Psychologists, Social Workers and Genetic Counselors.
“Our nurses and other providers should not fear discipline or legal action for providing essential health care,” said Lt. Gov. Kim Driscoll in a written statement.
“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 where everyone can access comprehensive reproductive health care services, including abortion care,” Driscoll said.
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