HB65 Alabama 2018 Session

Summary

Primary Sponsor

April WeaverSenator

Republican

Session

Regular Session 2018

Title

Nursing Board, authorize certain anti-competitve rules that prioritize patient safety and wellness, Sec. 34-21-2.1 added

Summary

HB 65 would allow the Alabama Board of Nursing to adopt rules prioritizing patient safety and wellness even if they are anti-competitive, and shield the board from antitrust liability.

What This Bill Does

The bill adds a new section to clarify the Board of Nursing’s rulemaking authority and to immunize its members from state and federal antitrust liability for rules that prioritize patient safety and wellness. It allows rules that are anti-competitive if they prioritize safety, and specifies that such rules may supplement or clarify existing definitions but must not conflict with statutory definitions of nursing practice. It also limits the board’s powers to what existed before the NC Dental Examiners v. FTC decision and sets an effective date three months after passage or governor approval.

Who It Affects

• The State Board of Nursing and its members: can adopt safety-priority rules that may be anti-competitive and are immunized from antitrust liability.
• Licensed nurses regulated by the Board: subject to rules that prioritize patient safety and wellness as defined by the board.
• Unlicensed individuals seeking to practice nursing: the board retains authority to prohibit unlicensed practice under its rulemaking.
• Patients and the public: potentially receive practices and standards that emphasize safety and wellness, even if competition is affected.

Key Provisions

• Adds Section 34-21-2.1 to clarify rulemaking authority and immunity from state and federal antitrust liability for rules prioritizing patient safety and wellness.
• Allows rules under Sections 34-21-2, 34-21-85, or 34-21-87 to define or regulate nursing practice in a way that prioritizes safety even if anti-competitive.
• Rules may supplement or clarify statutory definitions but may not conflict with statutes that define nursing practice.
• Clarifies that rights or duties are not expanded beyond what existed before the NC Dental Examiners v. FTC decision.
• Effective date: on the first day of the third month after passage and 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