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Outside Section 57


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Chelsea Soldiers' Home Licensed Practical Nurse Work Commitment

SECTION 57.   Chapter 115A of the General Laws is hereby amended by inserting the following section:-

Section 10A. (a) The commandant of the Soldiers' Home in Massachusetts may establish a program for the education and training of practical nurses and promulgate regulations pursuant thereto. The commonwealth may provide said education and training at no cost to the program participant, apart from fees and uniforms; provided, that a participant completing such education and training program and licensed as a practical nurse by the board of registration in nursing shall be required to obtain employment as a practical nurse at a state-operated facility for 2,080 hours on either a full time or part time basis as specified by the commandant, or as determined by the appointing authority of the state facility where the person becomes employed. Participants of said program shall be required to sign an agreement acknowledging their work commitment to the commonwealth, or in lieu of completing said work commitment, shall acknowledge their obligation to repay the cost of such education and training program to said Soldiers' Home in Massachusetts.
          (b) In the event that a participant who has completed such education and training program, and who is licensed by said board as a practical nurse, fails to complete said employment requirement or any portion thereof, or fails to repay any or all of the costs thereof, the remaining contractual obligation between said Soldiers' Home and the participant shall be charged against the participant. The commandant shall, within his discretion, determine the names of those defaulting on their obligations in said training and education program and shall report those names, addresses, and license numbers to the board of registration in nursing. The commandant shall notify those he has determined to be in default, that he has notified the board of registration in nursing that he has begun proceedings to suspend, cancel or revoke their licenses. The commandant shall also notify said division of administrative law appeals of the names, addresses, and license numbers of those in default. Said division shall schedule an adjudicatory hearing under section 10 of chapter 30A within 15 days of receipt of the commandant's notice and shall notify the commandant and the licensee, the those named participants that they have the right to a full and fair hearing on the matter. For purposes of such hearings, the commandant's written representation, with supporting documentation, to said division that a participant is in default of his or her obligation shall be prima facie evidence to that effect. The commandant shall notify the board of registration in nursing of the final written decision of the division of administrative law appeals. If said division finds the license should be suspended, cancelled, or revoked, the board of registration in nursing shall, within 15 days of receipt of such finding, suspend, cancel or revoke any license. Within 30 days of receipt of notice of the final decision of said division, or if a petition for rehearing has been timely filed with said division, within thirty days after receipt of notice of said division's denial of such petition for rehearing, an aggrieved party may file for judicial review in superior court pursuant to section 14 of said chapter 30A.
          (c) Any license suspended, cancelled or revoked by this section shall not be reinstated or renewed until the commandant notifies said board that the licensee is in good standing with respect to any and all costs or employment commitments to the commonwealth. Upon such notice, said board may reissue or renew the individual's license.
          (d) Notwithstanding the foregoing, said board of registration may take any additional actions or sanctions against the individual as provided by said law and regulation.