Bill Text: IA HF298 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to temporary staffing agencies for nursing services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-15 - Subcommittee reassigned: Meyer, A., Ehlert and Fry. H.J. 79. [HF298 Detail]
Download: Iowa-2019-HF298-Introduced.html
House
File
298
-
Introduced
HOUSE
FILE
298
BY
FRY
A
BILL
FOR
An
Act
relating
to
temporary
staffing
agencies
for
nursing
1
services.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
135Q.1
Temporary
staffing
agency
1
for
nursing
services
——
requirements.
2
1.
As
used
in
this
section:
3
a.
“Department”
means
the
department
of
inspections
and
4
appeals.
5
b.
“Direct
services”
means
services
provided
through
6
person-to-person
contact.
“Direct
services”
excludes
services
7
provided
by
persons
in
a
health
facility
for
a
very
limited
8
purpose,
are
not
in
the
health
facility
on
a
regular
basis,
9
and
who
do
not
provide
any
treatment
or
services
to
residents,
10
tenants,
or
other
consumers
of
a
health
facility.
11
c.
“Health
facility”
means
a
health
care
facility
as
defined
12
in
section
135C.1,
an
assisted
living
program
as
defined
in
13
section
231C.2,
and
a
Medicare
certified
home
health
agency.
14
d.
“Nurse”
means
a
licensed
practical
nurse
or
a
registered
15
nurse
licensed
pursuant
to
chapter
152.
16
e.
“Nurse
aide”
means
a
certified
nursing
assistant
17
registered
with
the
Iowa
direct
care
worker
registry.
18
f.
“Nursing
services”
means
those
services
which
may
be
19
provided
by
or
only
under
the
direction
of
a
nurse.
20
g.
“Temporary
employee
providing
nursing
services”
or
21
“temporary
employee”
means
a
nurse,
a
nurse
aide,
or
other
22
person
employed
by
a
temporary
staffing
agency
for
nursing
23
services
to
provide
direct
services
to
consumers
in
a
health
24
facility.
25
h.
“Temporary
staffing
agency
for
nursing
services”
or
26
“agency”
means
an
entity
engaged
for
hire
to
provide
or
procure
27
temporary
employment
in
health
facilities
for
temporary
28
employees
providing
nursing
services.
“Temporary
staffing
29
agency
for
nursing
services”
does
not
include
a
person
who
only
30
provides
the
person’s
own
services
on
a
temporary
basis
to
31
health
facilities.
32
2.
A
temporary
staffing
agency
for
nursing
services
33
operating
in
the
state
shall
comply
with
all
of
the
following:
34
a.
The
agency
shall
document
that
each
temporary
employee
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meets
the
minimum
licensing,
training,
and
continuing
education
1
requirements
for
the
position
in
which
the
temporary
employee
2
will
be
working.
3
b.
The
agency
shall
not
restrict
in
any
manner
the
4
employment
opportunities
of
its
temporary
employees.
5
c.
The
agency
shall
not,
in
any
contract
with
a
temporary
6
employee
or
health
facility,
require
the
payment
of
liquidated
7
damages,
employment
fees,
or
other
compensation
if
the
8
temporary
employee
is
subsequently
hired
as
a
full-time
9
employee
of
the
health
facility.
10
d.
The
agency
shall
document
that
each
temporary
employee
is
11
an
employee
of
the
agency
and
not
an
independent
contractor.
12
e.
The
agency
shall
retain
all
agency
records
for
five
13
calendar
years.
14
3.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
15
to
administer
this
section.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
establishes
requirements
for
a
temporary
staffing
20
agency
for
nursing
services
(agency)
operating
in
the
state.
21
The
bill
requires
an
agency
to
comply
with
several
requirements
22
including:
documenting
that
each
temporary
employee
meets
23
the
minimum
licensing,
training,
and
continuing
education
24
requirements
for
the
position
in
which
the
temporary
employee
25
will
be
working;
not
restricting
the
employment
opportunities
26
of
its
temporary
employees;
not,
in
any
contract
with
a
27
temporary
employee
or
health
facility,
requiring
the
payment
28
of
liquidated
damages,
employment
fees,
or
other
compensation
29
if
the
temporary
employee
is
subsequently
hired
as
a
full-time
30
employee
of
the
health
facility;
documenting
that
each
31
temporary
employee
is
an
employee
of
the
agency
and
not
an
32
independent
contractor;
and
retaining
all
agency
records
for
33
five
calendar
years.
34
The
bill
directs
the
department
of
inspections
and
appeals
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to
adopt
administrative
rules
to
administer
the
provisions
of
1
the
bill.
2
The
bill
includes
definitions
of
terms
used
in
the
bill
3
including
health
facility,
temporary
employee
providing
nursing
4
services,
and
temporary
staffing
agency
for
nursing
services
5
which
means
an
entity
engaged
for
hire
to
provide
or
procure
6
temporary
employment
in
health
facilities
for
temporary
7
employees
providing
nursing
services.
Temporary
staffing
8
agency
for
nursing
services
does
not
include
a
person
who
only
9
provides
the
person’s
own
services
on
a
temporary
basis
to
10
health
facilities.
11
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