Number 1 July 7, 1972

Number 1 July 7, 1972 William J. Bicknell, M.D. Commissioner Department of Public Health 600 Washington Street Boston. Massachusetts 021 1 1 Dear Dr. Bicknell: This is in response to your question whether student nurses are pre- cluded from administering certain medication because of the enactment of Chapter 1071 of the Acts of 1971 which became effective July 1, 1972. I answer your question in the negative. Section 9 of the Act authorizes a physician to ^'administer controlled substances, or he may cause the same to be administered under his direction by a registered nurse or licensed practical nurse." The word "administer" is defined in Section 1 as follows: "the direct application of a controlled substance whether by injection, inhalation, ingestion, or any other means to the body of a pa- tient or research subject by ... (b) a registered nurse or licensed practi- cal nurse at the direction of a practitioner in the course of his profes- sional practice . . ." "practical nurse" and "registered nurse" are de- fined in Section 1 of the Act as nurses licensed under the provisions of Sections 74A and 74, respectively, of Chapter 112 of the General Laws. The Act must be read with the provisions of Chapter 112 of the Gen- eral Laws governing the registration of nurses (Sections 74 through 81C). Section SOB provides that "[f] or the purposes of sections seventy-four to eighty-one C, inclusive" "professional nursing" and "practical nursing" shall include, along with performing certain other services, "administering treatment or medication prescribed by a physi- cian or dentist ..." Section SOB further provides: "Neither 'professional nursing' nor 'practical nursing' shall mean or be construed to prevent ... (3) the performance, by any student en- rolled in a school for nurses or practical nurses duly approved in accord- ance with this chapter, of any nursing service incidental to any pre- scribed course in such school . . ." The Legislature must be deemed to have had this provision in mind when enacting Chapter 1071 and therefore to have intended that stu- dents not be prevented from "administering . . . medication" under the supervision of a registered or licensed practical nurse as part of their nursing training. This intent is further evidenced by the specific refer- ence in Section 1 of the Act to the relevant provisions of Chapter 112 of the General Laws. Furthermore, any other interpretation would be un- reasonable because it would mean that no student could be taught through personal application the proper administration of the controlled substances listed in Section 31 of the Act. In addition, any graduate of any approved school for nurses or practi- cal nurses may practice nursing during the period from graduation until announcement of the results of the first licensing examination for regis- 40 P.D. 12 tered nurses or licensed practical nurses thereafter held in accordance with Chapter 112 (See G. L. Chapter 112, Section 81). The foregoing applies, however, only to persons who have applied for licenses in this Commonwealth. (See Opn. Atty. Gen. Feb. 9, 1966 p. 244). I trust that the foregoing will answer your question. Very truly yours, ROBERT H. QUINN Attorney General