Bill Text: NH SB149 | 2023 | Regular Session | Amended
Bill Title: Relative to nurse agencies.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2023-08-10 - Signed by the Governor on 08/08/2023; Chapter 0242; Effective 10/07/2023 [SB149 Detail]
Download: New_Hampshire-2023-SB149-Amended.html
SB 149-FN - AS AMENDED BY THE HOUSE
03/16/2023 0852s
03/16/2023 1013s
4May2023... 1463h
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 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:
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 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-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 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-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 subdivision.
2 Effective Date. This act shall take effect 60 days after its passage.
23-1035
Amended 5/23/23
SB 149-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENTS #2023-1463h)
AN ACT relative to nurse agencies.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - OPLC Fund | |||
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METHODOLOGY:
This bill establishes a licensing and application process for nurse agencies within the Office of Professional Licensure and Certification.
The Office of Professional Licensure and Certification (OPLC) states they are unable to calculate a fiscal impact for the bill as they are not able to determine how many nurse agencies will apply for the license, the cost of the registration fee or the staff time required to review and process the applications. However, there will be an indeterminable increase in revenue for the registration fees onces the fees are set in rules and there will be an indeterminable increase in expenditures for processing the licenses. The General Fund will only be impacted to the extent it reduces or increase the biennial lapse of the OPLC Fund into the General Fund.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification
