Florida Bill Clarifies That Workers Referred by Nurse Registries Are Independent Contractors and that Nurse Registries Have No Obligation to Monitor, Supervise, Manage, or Train Referred Workers

Florida S.B. 976
Status: Referred to Committee, February 18, 2014

This bill provides that registered nurses, licensed practical nurses, certified nursing assistants, and home health aides are independent contractors and not employees of the nurse registries that referred them, regardless the obligations imposed on a nurse registry under the nurse registry law.

The bill also clarifies that a nurse registry is not responsible for monitoring, supervising, managing, or training a registered nurse, licensed practical nurse, certified nursing assistant, or home health aide referred by the nurse registry.

The bill also provides that in the event of a violation of the nurse registry laws, a violation of any other state law, or misconduct by a referred registered nurse, licensed practical nurse, certified nursing assistant, or home health aide, or if a deficiency in credentials which comes to the attention of the nurse registry, the nurse registry’s sole obligation shall be to advise the patient to terminate the referred person’s contract.

Finally, the bill states that records required to be filed with the nurse registry under the nurse registry law must be kept in accordance with rules adopted by the Agency for Health Care Administration solely as a repository of records.  The nurse registry has no obligation to review and act upon such records unless a deficiency in credentials comes to its attention as provided in the previous paragraph.

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