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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