Revision: March 16, 2023, 11:28 a.m.
Sen. Rosenwald, Dist 13
Sen. Perkins Kwoka, Dist 21
March 15, 2023
2023-1013s
02/10
Floor Amendment to SB 149-FN
Amend the bill by replacing all after the enacting clause with the following:
1 New Subdivision; Nurse Agency Registration. Amend RSA 326-B by inserting after section 46 the following new subdivision:
Nurse Agency Registration
326-B:47 Definitions. In this subdivision:
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-B:48 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 subdivision if the registrant:
(a) Is found to have violated any requirement or rule under this subdivision 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 subdivision, in another jurisdiction and is not reinstated.
326-B:49 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, for such a reason.
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-B:50 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 subdivision.
2 Effective Date. This act shall take effect 60 days after its passage.