Bill Text - SB473 (2018)

(New Title) relative to employment contract restrictions upon certain health care providers.


Revision: May 2, 2018, 1:52 p.m.

SB 473 - AS AMENDED BY THE HOUSE

 

2May2018... 1596h

2018 SESSION

18-2754

10/04

 

SENATE BILL 473

 

AN ACT relative to employment contract restrictions upon certain health care providers.

 

SPONSORS: Sen. Sanborn, Dist 9; Sen. Avard, Dist 12; Sen. French, Dist 7; Sen. Fuller Clark, Dist 21; Sen. Gannon, Dist 23; Sen. Innis, Dist 24; Sen. Reagan, Dist 17; Sen. Ward, Dist 8; Rep. Souza, Hills. 43

 

COMMITTEE: Health and Human Services

 

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AMENDED ANALYSIS

 

This bill prohibits contract provisions for practice by nurses and podiatrists that limit the ability of such professional to practice their profession in any geographic area after leaving a partnership, employment, or professional relationship.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2May2018... 1596h 18-2754

10/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to employment contract restrictions upon certain health care providers.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Nurse Practice Act; Contract Restrictions.  Amend RSA 326-B by inserting after section 45 the following new section:

326-B:45-a  Certain Contract Restrictions Upon Nurses Unenforceable.  Any contract or agreement which creates or established the terms of a partnership, employment, or any other form of professional relationship with a nurse licensed by the board to practice in this state, which includes any restriction to the right of such nurse to also practice in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction; provided however, that nothing herein shall render void or unenforceable the remaining provision of any such contract or agreement.  The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.

2  New Section; Podiatry; Contract Restrictions.  Amend RSA 315 by inserting after section 17 the following new section:

315:18  Certain Contract Restrictions Upon Podiatrists Unenforceable.  Any contract or agreement which creates or established the terms of a partnership, employment, or any other form of professional relationship with a podiatrist licensed by the board to practice in this state, which includes any restriction to the right of such podiatrist to also practice podiatry in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction; provided however, that nothing herein shall render void or unenforceable the remaining provision of any such contract or agreement.  The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.

3  Effective Date.  This act shall take effect upon its passage.

SB 473 - AS AMENDED BY THE HOUSE

 

2May2018... 1596h

2018 SESSION

18-2754

10/04

 

SENATE BILL 473

 

AN ACT relative to employment contract restrictions upon certain health care providers.

 

SPONSORS: Sen. Sanborn, Dist 9; Sen. Avard, Dist 12; Sen. French, Dist 7; Sen. Fuller Clark, Dist 21; Sen. Gannon, Dist 23; Sen. Innis, Dist 24; Sen. Reagan, Dist 17; Sen. Ward, Dist 8; Rep. Souza, Hills. 43

 

COMMITTEE: Health and Human Services

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill prohibits contract provisions for practice by nurses and podiatrists that limit the ability of such professional to practice their profession in any geographic area after leaving a partnership, employment, or professional relationship.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2May2018... 1596h 18-2754

10/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to employment contract restrictions upon certain health care providers.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Nurse Practice Act; Contract Restrictions.  Amend RSA 326-B by inserting after section 45 the following new section:

326-B:45-a  Certain Contract Restrictions Upon Nurses Unenforceable.  Any contract or agreement which creates or established the terms of a partnership, employment, or any other form of professional relationship with a nurse licensed by the board to practice in this state, which includes any restriction to the right of such nurse to also practice in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction; provided however, that nothing herein shall render void or unenforceable the remaining provision of any such contract or agreement.  The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.

2  New Section; Podiatry; Contract Restrictions.  Amend RSA 315 by inserting after section 17 the following new section:

315:18  Certain Contract Restrictions Upon Podiatrists Unenforceable.  Any contract or agreement which creates or established the terms of a partnership, employment, or any other form of professional relationship with a podiatrist licensed by the board to practice in this state, which includes any restriction to the right of such podiatrist to also practice podiatry in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction; provided however, that nothing herein shall render void or unenforceable the remaining provision of any such contract or agreement.  The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.

3  Effective Date.  This act shall take effect upon its passage.