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MCNP Holds Annual Health Policy Event

Posted on 4/12/2023

On Tuesday April 11, 2023, MCNP members from across the state gathered at the UMass Club in Boston as part of the MCNP Annual Health Policy Event where they heard from leaders in both the Legislature and regulatory agencies about the current climate around health policy in the Commonwealth.

Featured speakers included David Seltz, Executive Director of the Massachusetts Health Policy Commission and Senator Cindy Friedman, Chairperson of the Joint Committee on Finance.  Representative Danielle Gregoire, the sponsor of MCNP legislation H.1539, An Act Relative to Determining Capacity and Invoking the Health Care Proxy, also spoke to the group about the importance of removing existing barriers to patient care which remain in place despite the passage of Full Practice Authority.

One such barrier is the lack of authority for Nurse Practitioners to determine the capacity for medical decision-making and invoke the health care proxy for patients under their care. Current law limits this authority to an “attending physician” only. Unlike competency, a legal determination made by a judge in court, capacity for medical decision-making is a clinical decision and relates to a patient’s ability to understand and make decisions about their health care. The clinical decision for capacity for medical decision-making is based on a holistic assessment of the patient and is well within the scope, skillset, and training of nurse practitioners.

According to Nurse Practitioner, Paula Brooks, MCNP State Legislative Policy Director, “Nurse Practitioners have the advanced training and assessment skills required to determine capacity - skills that are already recognized in other MA laws that allow them to assess patients and sign involuntary commitment orders (Section 12) as well as complete Medical Orders for Life Sustaining Treatment (MOLST) forms. It makes no sense that they are not allowed to determine capacity for patients they care for and know well.”

Following the educational event at the UMass Club, participants visited the State House to speak with legislators in support of the MCNP legislative agenda.