Florida Senate - 2014                              CS for SB 976
       
       
        
       By the Committee on Health Policy; and Senator Bean
       
       
       
       
       
       588-02180-14                                           2014976c1
    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, companions or homemakers, and home health
    6         aides are independent contractors and not employees of
    7         the nurse registries that referred them; specifying
    8         that a nurse registry is not responsible for
    9         monitoring, supervising, managing, or training a
   10         registered nurse, licensed practical nurse, certified
   11         nursing assistant, companion or homemaker, or home
   12         health aide referred by the nurse registry; requiring
   13         that certain records be kept in accordance with rules
   14         set by the Agency for Health Care Administration;
   15         providing that a nurse registry does not have an
   16         obligation to review and act upon such records except
   17         under certain circumstances; providing the duties of
   18         the nurse registry for a violation of certain laws by
   19         an individual referred by the nurse registry;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Paragraph (d) is added to subsection (6) of
   25  section 400.506, Florida Statutes, and subsections (19) and (20)
   26  are added to that section, to read:
   27         400.506 Licensure of nurse registries; requirements;
   28  penalties.—
   29         (6)
   30         (d) A registered nurse, licensed practical nurse, certified
   31  nursing assistant, companion or homemaker, or home health aide
   32  referred for contract under this chapter by a nurse registry
   33  shall be deemed an independent contractor and not an employee of
   34  the nurse registry regardless of the obligations imposed on a
   35  nurse registry under this chapter.
   36         (19) It is not the obligation of a nurse registry to
   37  monitor, supervise, manage, or train registered nurses, licensed
   38  practical nurses, certified nursing assistants, companions or
   39  homemakers, or home health aides referred for contract under
   40  this chapter. In the event of a violation of this chapter, a
   41  violation of any other law of this state, or misconduct by a
   42  referred registered nurse, licensed practical nurse, certified
   43  nursing assistant, companion or homemaker, or home health aide,
   44  or a deficiency in credentials which comes to the attention of
   45  the nurse registry, the nurse registry shall advise the patient
   46  to terminate the referred person’s contract, providing the
   47  reason for the suggested termination; cease referring the
   48  individual to other patients or facilities; and notify the
   49  licensing board if practice violations are involved.
   50         (20) Records required to be filed with the nurse registry
   51  under this chapter must be kept in accordance with rules adopted
   52  by the agency solely as a repository of records, and the nurse
   53  registry has no obligation to review and act upon such records
   54  except as specified in subsection (19).
   55         Section 2. This act shall take effect July 1, 2014.