SB97 Alabama 2018 Session

Summary

Primary Sponsor

Gerald O. Dial

Republican

Session

Regular Session 2018

Title

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

Summary

SB 97 would immunize the Alabama Board of Nursing from antitrust liability for rules that prioritize patient safety and wellness, and clarify that such safety-focused rules can be adopted even if they limit competition.

What This Bill Does

The bill adds a new section (34-21-2.1) to explain the Board's rulemaking and to immunize it and its members from state and federal antitrust liability when adopting rules that prioritize patient safety and wellness. It allows rules adopted under 34-21-2, 34-21-85, or 34-21-87 to define or regulate nursing practice in collaborative settings in ways that prioritize safety, even if those rules are anti-competitive, as long as they do not conflict with existing statutes defining the practice. It also keeps existing rights and duties consistent with the NC Dental Examiners v FTC decision and clarifies that it does not expand antitrust immunity beyond what was in place. The act becomes effective immediately after passage and approval by the Governor.

Who It Affects

• Board of Nursing and its members — receive immunity from antitrust liability when issuing rules that prioritize patient safety and wellness.
• Nurses and advanced practice nurses who practice in collaborative settings under Board rules (and the physicians and others involved in collaborative practice) — their practice rules could be defined or regulated by these safety-focused, potentially anti-competitive rules.

Key Provisions

• Adds new Section 34-21-2.1 establishing legislative intent and immunizing the Board of Nursing and its members from liability under state and federal antitrust laws for rules that prioritize patient safety and wellness but may be anti-competitive.
• Allows rules adopted under 34-21-2, 34-21-85, or 34-21-87 to define and regulate nursing and advanced practice nursing in collaborative practice in ways that prioritize patient safety, even if those rules are anti-competitive, subject to not conflicting with statutes that define practice.
• Rules may supplement or clarify statutory definitions but may not conflict with existing definitions in 34-21-1 and 34-21-81.
• Affirms that the act does not expand or contract rights and duties beyond existing antitrust immunity and references the NC Dental Examiners v FTC decision, 135 S. Ct. 1101 (2015).
• Takes effect immediately following passage and governor's 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