Status: Committee Substitute Filed, March 26, 2014
This bill is similar, but not identical, to S.B. 976.
The bill provides that a person referred for contract by a nurse registry is an independent contractor and not an employee of the nurse registry. As such, a nurse registry is not required to monitor, supervise, manage, or train persons referred for contract by the nurse registry. If a nurse registry has knowledge of a violation of law by a person referred for contract, the nurse registry shall advise the patient to terminate the referred person’s contract, provide the reason for the suggested termination, cease referring the person, and notify the licensing board of any practice violations. This subsection does not affect or negate any other obligation imposed on a nurse registry.
Additionally, under this bill, a nurse registry is not obligated to review or take action upon records that are required to be maintained by the nurse registry except as required under the previous paragraph.
When a person is referred for contract to a patient’s home by a nurse registry, the nurse registry shall advise the patient, the patient’s family, or any other person acting on behalf of the patient at the time the contract for services is made that the person referred for contract is an independent contractor and that the nurse registry has no obligation to monitor, supervise, manage, or train a person referred for contract.
A licensed nurse registry also must ensure that each certified nursing assistant and home health aide referred for contract by the nurse registry has presented credentials which demonstrate adequate training to perform the tasks of a home health aide in the home setting, rather than ensuring they are adequately trained, as is required under existing law.
If passed, this bill would take effect July 1, 2014.