HB 65

Under existing law, the Board of Nursing is responsible for regulating the practice of nursing in the state

This bill would provide legislative intent

This bill would clarify the rule making authority of the board regarding state and federal antitrust laws

This bill would also provide that anti-competitive rules that prioritize patient safety and wellness are permissible

Relating to the powers and duties of the Board of Nursing; to add Section 34-21-2.1 to the Code of Alabama 1975; to clarify the rule making authority of the board regarding state and federal antitrust laws; and to provide that anti-competitive rules that prioritize patient safety and wellness are permissible.

Section 1

Section 34-21-2.1 is added to the Code of Alabama 1975, to read as follows: §34-21-2.1. (a) The Legislature finds and declares all of the following: (1) The power to make rules regulating the practice of nursing includes the power to prohibit unlicensed persons from practicing nursing and the power to regulate how licensed persons practice nursing. (2) A primary goal of the provision of health care is to prioritize patient safety and wellness. (3) The State Board of Nursing is in the best position to determine the nursing practices that prioritize patient safety and wellness. (4) Prioritizing patient safety and wellness may sometimes be at odds with the goals of state and federal anti-trust laws, which include prioritizing competition and efficiency. (5) It is the intent of the Legislature in enacting this section to immunize the Board of Nursing and its members from liability under state and federal anti-trust laws for the adoption of a rule that prioritizes patient safety and wellness but may be anti-competitive. (b) Subject to subsection (c), rules adopted under Sections 34-21-2, 34-21-85, or 34-21-87 may define and regulate the practice of nursing in a way that prioritizes patient safety and wellness, even if the rule is anti-competitive. (c) A rule adopted under Section 34-21-2, 34-21-85, or 34-21-87 may supplement or clarify any statutory definition but may not conflict with any statute that defines the practice of nursing including, but not limited to, the definitions set forth in Sections 34-21-1 and 34-21-81. (d) Nothing in this section shall be construed to constrict or expand the current rights and privileges of any individual governed by the Board of Nursing beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct. 1101(2015). (e) Nothing in this section shall be construed to constrict or expand the current duties or responsibilities of the members of the Board of Nursing in any context outside of federal or state anti-trust immunity beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct. 1101(2015).

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.