HB256 Alabama 2017 Session

Summary

Primary Sponsor

April WeaverSenator

Republican

Session

Regular Session 2017

Title

Nursing, Board of, anti-competitive rule making, immunity provided, Sec. 34-21-2.1 added

Summary

HB256 would immunize the Alabama Board of Nursing and its members from antitrust liability for rules that prioritize patient safety, and clarify that such safety-focused rules can be adopted even if they reduce competition.

What This Bill Does

Adds a new section to clarify the Board of Nursing’s authority to make rules under existing nursing statutes that prioritize patient safety and wellness, even if those rules are anti-competitive. It provides immunity from state and federal antitrust liability for the Board and its members when adopting such rules. It requires that these rules may supplement or clarify statutory definitions but cannot conflict with existing statutes defining nursing practice. The act becomes effective immediately after the governor signs it, and it references federal antitrust immunity limits from a 2015 Supreme Court decision.

Who It Affects

• Board of Nursing and its members: receive explicit immunity from state and federal antitrust liability for adopting safety-prioritizing rules and are given clarified rulemaking authority.
• Nurses, advanced practice nurses, and the regulated nursing environment (and by extension patients): their practice standards are influenced by these safety-focused rules, which may be anti-competitive but permissible, and are constrained to align with statutory definitions.

Key Provisions

• Adds Section 34-21-2.1 to authorize rules under 34-21-2, 34-21-85, or 34-21-87 that prioritize patient safety and wellness even if anti-competitive.
• Immunizes the Board of Nursing and its members from liability under state and federal antitrust laws for adopting such safety-prioritizing rules.
• Rules may supplement or clarify statutory definitions but must not conflict with established statutes defining nursing and advanced practice nursing (34-21-1 and 34-21-81).
• Affirms that the act does not expand or restrict rights beyond pre-2015 antitrust immunity and becomes effective immediately after governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Nursing, Board of