SB132

ENGROSSED

By Senator Dial

A BILL TO BE ENTITLED AN ACT

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

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

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 and advance practice nursing includes the power to prohibit unlicensed persons from practicing nursing and advanced practice nursing and the power to regulate how licensed persons practice nursing and advanced practice nursing.

(2) A primary goal of the provision of health care is to prioritize patient safety and wellness.

(3) The Board of Nursing is in the best position to determine nursing practices and, in conjunction with the Board of Medical Examiners, the practices of nurses in collaborative practice that prioritize patient safety and wellness.

(4) Prioritizing patient safety and wellness may sometimes be at odds with the goals of state and federal antitrust 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 antitrust 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 Section 34-21-2, 34-21-85, or 34-21-87 may define and regulate the practice of nursing and advanced practice nurses in collaborative practice 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 and advanced practice nursing, including, but not limited to, the definitions set forth in Sections 34-21-1 and 34-21-81.

Section 2. Nothing in this act 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 Board of Dental Examiners v. FTC, 135 S.Ct. 1101 (2015).

Section 3. Nothing in this act 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 antitrust immunity beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Board of Dental Examiners v. FTC, 135 S.Ct. 1101 (2015).

Section 4. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Nursing, Board of

Antitrust Laws

Rulemaking

Licenses and Licensing

Nurses and Nursing

Code Added