SB132 Alabama 2017 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Gerald O. Dial
Republican
Session: Regular Session 2017
Title: Nursing, Board of, anti-competitive rule making, immunity provided, Sec. 34-21-2.1 added
Summary: SB132 adds immunity protections and clarifies rulemaking authority for the Alabama Board of Nursing to adopt safety-prioritizing rules that may be anti-competitive.
What This Bill Does
The bill creates a new section that allows the Board of Nursing to regulate nursing and advanced practice nursing in ways that prioritize patient safety, even if those rules are anti-competitive. It immunizes the Board and its members from liability under state and federal antitrust laws for adopting such rules. Rules may supplement or clarify existing definitions but cannot conflict with statutes defining nursing practice, and the act references a U.S. Supreme Court case to limit authority. The effective date is immediate upon governor approval.

Who It Affects
Board of Nursing and its members — immunized from state and federal antitrust liability when adopting safety-prioritized rules.
Licensed nurses and advanced practice nurses (and the broader healthcare community) — will be governed by rules that prioritize patient safety, even if those rules reduce competition.

Key Provisions
Adds Section 34-21-2.1 to authorize rulemaking that prioritizes patient safety and wellness, even if the rule is anti-competitive.
Immunizes the Board and its members from liability under state and federal antitrust laws for adopting such rules.
Rules may supplement or clarify statutory definitions but may not conflict with existing statutes defining nursing and advanced practice nursing.
Explicitly states the act does not expand or contract rights beyond what existed prior to the NC State Board of Dental Examiners v. FTC decision (2015).
Effective immediately after the governor's approval (or when it becomes law).

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