Chapter 377

2004 -- S 2680 SUBSTITUTE A AS AMENDED

Enacted 07/03/04

 

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- NURSING POOLS

     

     

     Introduced By: Senators Alves, McBurney, and Goodwin

     Date Introduced: February 11, 2004

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Chapter 5-34.1 of the General Laws entitled "Nursing Pools" is hereby

amended by adding thereto the following sections:

     5-34.1-6.1. "Nursing pool" defined. – A nursing pool is defined as any person, firm,

partnership, corporation, limited liability company or other legal entity doing business within the

state of Rhode Island excluding hospitals that supplies on a temporary basis registered nurses, and

licensed practical nurses, to facilities requiring the services of such persons. For all purposes a

nursing pool shall be considered an employer and those persons that it supplies on a temporary

basis shall be considered employees and not independent contractors and nursing pools shall be

subject to all state and federal laws which govern employer-employee relations.

     5-34.1-6.2. Registration of nursing pools -- Rules governing. – All nursing pools

within the state of Rhode Island must be registered with the department of health. The registration

fee shall be five hundred dollars ($500) per year. A nursing pool applicant who has submitted a

fee of five hundred dollars ($500) to the department for license application or renewal as a home

care provider, home nursing care provider, or hospice provider shall be exempt from paying an

additional fee to register as a nursing pool. On or before December 31, 2004, the department of

health shall promulgate registration standards, and rules and regulations governing the operation

of nursing pools to protect the health and welfare of patients. Such regulations shall include, but

not be limited to, employee bonding, and appropriate staff professional certification and licensure

and liability insurance.

     5-34.1-6.3. Nursing pool employees -- Identification. – Any employee of a nursing pool

upon employment and prior to placement shall be provided with a photo identification which

shall be worn on the employee’s person while the employee is working. The photo identification

shall, in addition to a recent photograph of the employee, include the employee’s name,

certificate or licensing number with expiration date and the name of the nursing pool.

     5-34.1-6.4. Penalty for operation of unregistered nursing pool. – Any person, firm,

partnership, corporation, limited liability company or other legal entity establishing, conducting,

managing, or operating a nursing pool without registration under this chapter or who shall operate

such business after revocation or suspension of a registration or after an order to curtail any or all

activities shall be liable to a penalty of one hundred dollars ($100) for each day of operation in

violation thereof for the first offense and for any subsequent offense shall be liable to a penalty of

one hundred fifty dollars ($150) for each day of operation in violation thereof.

     5-34.1-6.5. Injunction to restrain operation without registration. – Notwithstanding

the existence or pursuant to any other remedy, any person, including a nursing pool registered

pursuant to this chapter, may, in the manner provided by law upon the advice of the attorney

general, who shall represent the person in the proceedings, maintain an action in the name of the

state for injunction or other process against any person to restrain or prevent the establishment,

conduct, management or operation of a nursing pool without registration under this chapter.

     SECTION 2. This act shall take effect upon passage.

     

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LC01867/SUB A

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