Florida Senate - 2014                                     SB 976
       
       
        
       By Senator Bean
       
       
       
       
       
       4-01213-14                                             2014976__
    1                        A bill to be entitled                      
    2         An act relating to nurse registries; amending s.
    3         400.506, F.S.; providing that registered nurses,
    4         licensed practical nurses, certified nursing
    5         assistants, and home health aides are independent
    6         contractors and not employees of the nurse registries
    7         that referred them; specifying that a nurse registry
    8         is not responsible for monitoring, supervising,
    9         managing, or training a registered nurse, licensed
   10         practical nurse, certified nursing assistant, or home
   11         health aide referred by the nurse registry; requiring
   12         that certain records be kept in accordance with rules
   13         set by the Agency for Health Care Administration;
   14         providing that a nurse registry does not have an
   15         obligation to review and act upon such records except
   16         under certain circumstances; providing an effective
   17         date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (d) is added to subsection (6) of
   22  section 400.506, Florida Statutes, and subsections (19) and (20)
   23  are added to that section, to read:
   24         400.506 Licensure of nurse registries; requirements;
   25  penalties.—
   26         (6)
   27         (d) A registered nurse, licensed practical nurse, certified
   28  nursing assistant, or home health aide referred for contract
   29  under this chapter by a nurse registry shall be deemed an
   30  independent contractor and not an employee of the nurse registry
   31  regardless of the obligations imposed on a nurse registry under
   32  this chapter.
   33         (19) It is not the obligation of a nurse registry to
   34  monitor, supervise, manage, or train registered nurses, licensed
   35  practical nurses, certified nursing assistants, or home health
   36  aides referred for contract under this chapter. In the event of
   37  a violation of this chapter, a violation of any other law of
   38  this state, or misconduct by a referred registered nurse,
   39  licensed practical nurse, certified nursing assistant, or home
   40  health aide, or a deficiency in credentials which comes to the
   41  attention of the nurse registry, the nurse registry’s sole
   42  obligation shall be to advise the patient to terminate the
   43  referred person’s contract.
   44         (20) Records required to be filed with the nurse registry
   45  under this chapter must be kept in accordance with rules adopted
   46  by the agency solely as a repository of records, and the nurse
   47  registry has no obligation to review and act upon such records
   48  except as specified in subsection (19).
   49         Section 2. This act shall take effect July 1, 2014.