CHAPTER 242
SB 149-FN - FINAL VERSION
03/16/2023 0852s
03/16/2023 1013s
4May2023... 1463h
06/29/2023 2248EBA
2023 SESSION
23-1035
09/04
SENATE BILL 149-FN
AN ACT relative to nurse agencies.
SPONSORS: Sen. Rosenwald, Dist 13; Sen. Fenton, Dist 10; Sen. Watters, Dist 4; Sen. Soucy, Dist 18; Sen. Altschiller, Dist 24; Sen. Chandley, Dist 11; Sen. Prentiss, Dist 5; Sen. D'Allesandro, Dist 20; Rep. N. Murphy, Hills. 12; Rep. M. Murray, Hills. 37; Rep. Bouldin, Hills. 25
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill establishes a licensing and application process for nurse agencies.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/16/2023 0852s
03/16/2023 1013s
4May2023... 1463h
06/29/2023 2248EBA 23-1035
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to nurse agencies.
Be it Enacted by the Senate and House of Representatives in General Court convened:
242:1 New Chapter; Nurse Agency Registration. Amend RSA by inserting after chapter 326-L the following new chapter:
CHAPTER 326-M
NURSE AGENCY REGISTRATION
326-M:1 Definitions. In this chapter:
I. "Nurse agency" means any individual, firm, corporation, partnership or other legal entity that employs, assigns or refers nurses or licensed nursing assistants to a health care facility on a per diem or temporary basis for a fee. The term "nurse agency" includes an agency that employs, assigns, or refers such personnel through the use of apps or other technology based solutions or platforms. The term "nurse agency" shall not include services provided by home health agencies licensed and operated under RSA 151:2-b, any entity wholly owned by a health care facility or facilities separately licensed under RSA 151, nor shall it include any individual offering only his or her services.
II. "Director" means the executive director of the office of professional licensure and certification.
326-M:2 Nurse Agency Registration Applications.
I. Beginning January 1, 2024, a nurse agency seeking to do business in the state shall submit an application to the office of professional licensure and certification.
II. The director shall adopt rules, pursuant to RSA 541-A, relative to the registration application form and content, and the registration application procedures.
III. An application fee in accordance with rules adopted by the office of professional licensure and certification, pursuant to RSA 541-A. All applicants shall certify in writing, under oath, that their application is complete and accurate.
IV. Any applicant who, after notice and hearing, is found to have submitted false or misleading information to the office shall be punished by a fine, pursuant to RSA 541-A, and the revocation or suspension of the applicant's registration.
V. After notice and hearing the director may revoke or suspend any registration issued under this chapter if the registrant:
(a) Is found to have violated any requirement or rule under this chapter and fails to cure such violation within a reasonable time prescribed by the director following such finding;
(b) Willfully and without justification fails to respond to any lawful inquiry of the director after reasonable notice; or
(c) Is under a suspension or revocation of a registration, similar to one issued under this chapter, in another jurisdiction and is not reinstated.
326-M:3 Contracts Between Nurse Agencies and Health Care Facilities.
I. Nurse agencies shall not commit the services of a single nurse or licensed nursing assistant to more than one health care facility for the same time period or shift and cancel a commitment to a facility, or compel that facility to bid again for services already promised it.
II. Nurse agencies shall not recruit potential employees on the premises of a health care facility.
III. Nurse agencies may not charge a health care facility a higher amount based upon the presence in that facility of a communicable virus, except in the case of a state or local declaration of a public health emergency.
IV. Nurse agencies may not facilitate the placement of any licensed professional with a license that is suspended.
326-M:4 Rulemaking. The executive director of the office of professional licensure and certification shall adopt rules, pursuant to RSA 541-A, relative to the necessary forms, application procedures, and fees required under this chapter.
242:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: August 08, 2023
Effective Date: October 07, 2023
| Date | Amendment |
|---|---|
| March 8, 2023 | 2023-0852s |
| March 16, 2023 | 2023-1013s |
| April 26, 2023 | 2023-1463h |
| Nov. 16, 2023 | 2023-2248EBA |
| Date | Body | Type |
|---|---|---|
| Feb. 2, 2023 | Senate | Hearing |
| March 16, 2023 | Senate | Floor Vote |
| March 30, 2023 | House | Hearing |
| April 26, 2023 | House | Exec Session |
| April 26, 2023 | House | Exec Session |
| April 26, 2023 | House | Floor Vote |
Aug. 10, 2023: Signed by the Governor on 08/08/2023; Chapter 0242; Effective 10/07/2023
July 27, 2023: Enrolled Adopted, VV, (In recess 06/29/2023); SJ 20
July 28, 2023: Enrolled (in recess of) 06/29/2023 HJ 17 P. 18
July 27, 2023: Enrolled Adopted, VV, (In recess 06/29/2023); SJ 20
July 18, 2023: Enrolled Bill Amendment # 2023-2248e Adopted, VV, (In recess of 06/29/2023); SJ 20
July 17, 2023: Enrolled Bill Amendment # 2023-2248e: AA VV (in recess of) 06/29/2023 HJ 17 P. 17
June 15, 2023: Sen. Pearl Moved to Concur with the House Amendment, MA, VV; 06/15/2023; SJ 19
June 8, 2023: Ought to Pass with Amendment 2023-1463h: MA RC 191-187 06/08/2023 HJ 15 P. 33
June 8, 2023: Remove from Table (Rep. Weber): MA RC 190-188 06/08/2023 HJ 15 P. 31
May 4, 2023: Lay SB149 on Table (Rep. Osborne): MA DV 199-173 05/04/2023 HJ 13 P. 33
May 4, 2023: Amendment # 2023-1463h: AA VV 05/04/2023 HJ 13 P. 33
April 27, 2023: Minority Committee Report: Inexpedient to Legislate
April 27, 2023: Majority Committee Report: Ought to Pass with Amendment # 2023-1463h 04/26/2023 (Vote 15-4; RC)
April 19, 2023: Executive Session: 04/26/2023 02:00 pm LOB 306-308
April 19, 2023: ==CONTINUED== Subcommittee Work Session: 04/26/2023 09:00 am LOB 306-308
April 19, 2023: Executive Session: 04/26/2023 02:00 pm LOB 306-308
April 11, 2023: ==RECESSED== Subcommittee Work Session: 04/13/2023 10:00 am LOB 306-308
March 21, 2023: Public Hearing: 03/30/2023 11:30 am LOB 306-308
March 21, 2023: Introduced (in recess of) 03/16/2023 and referred to Executive Departments and Administration
March 16, 2023: Ought to Pass with Amendments 2023-0852s and 2023-1013s, MA, VV; OT3rdg; 03/16/2023; SJ 10
March 16, 2023: Sen. Rosenwald Floor Amendment # 2023-1013s, AA, VV; 03/16/2023; SJ 10
March 16, 2023: Committee Amendment # 2023-0852s, AA, VV; 03/16/2023; SJ 10
March 16, 2023: Sen. Rosenwald Moved to Remove SB 149 from the Consent Calendar; 03/16/2023; SJ 10
March 8, 2023: Committee Report: Ought to Pass with Amendment # 2023-0852s, 03/16/2023; Vote 5-0; CC; SC 13
Jan. 26, 2023: Hearing: 02/02/2023, Room 103, SH, 09:30 am; SC 8
Jan. 19, 2023: Introduced 01/19/2023 and Referred to Executive Departments and Administration; SJ 5