HOUSE BILL REPORT

SHB 1783

BYHouse Committee on Health Care (originally sponsored by Representatives P. King, Lewis, Day, Braddock and Cantwell)

Requiring the registration of nursing pools.

House Committe on Health Care

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Braddock, Chair; Bristow, Brooks, Bumgarner, Cantwell, Lewis, Lux, D. Sommers, Sprenkle and Vekich.

House Staff:John Welsh (786-7133)

AS PASSED HOUSE FEBRUARY 8, 1988

BACKGROUND:

Nursing pools are private entrepreneurial organizations which contract with nursing homes or other health facilities to provide temporary employment of nursing personnel such as licensed nurses, licensed practical nurses, or nursing assistants.

Currently, there is no regulation of the employment practices of nursing pools.

SUMMARY:

Nursing pool operators are required to register annually with the Department of Licensing, supplying the names of the owners, corporate by-laws and other information required by the director. The department is required to develop minimum standards for the operation of nursing pools in employing competent and qualified nursing personnel, including documentation that employees meet minimum licensing standards.

Nursing pools are prohibited from requiring their employees to recruit new employees for the pool from the health facility assigned to, and from restricting in any manner the employment opportunities of pool employees.  Nursing pools are also prohibited from requiring the payment of financial penalties by an employee if the employee is hired by a health facility.

Nursing pools are required to carry malpractice insurance.

The director is the disciplinary authority for those registered under this act, and the provisions of the Uniform Disciplinary Act for the health professions apply.

EFFECT OF SENATE AMENDMENT(S):  A declaration of legislative intent is added.  The exemption for individuals who provide nurses as independent contractors is stricken.  The director's authority to acquire other information on registration applications to evaluate the applicant is stricken.  The director is required to report to the legislature by July 1, 1989 with an assessment of the effectiveness of the act, including proposed minimum standards for nursing pools.  The requirement of the director to establish minimum standards herein is stricken, as well as a restriction by pools on nurses' employment opportunities, and a prohibition against imposing liquidated damages on any nurses who accept employment with health facilities.  Nursing pools are required to carry professional and general liability insurance.

Fiscal Note:      Requested January 18, 1988.

House Committee ‑ Testified For:    Lorraine Overmyer, Washington State Board of Nursing; Beverly Jacobson, Seattle Area Hospital Council; Joyce Pashley, Washington State Nurse Association; Sue Hegyvary, University of Washington School of Nursing; Kathe Dobbs, Washington Organization of Nurse Executives; Donna Hinrichs, Visiting Nurse Services; Hilke Faber, Nursing Home Coalition.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The questionable employment practices of nursing pools necessitate some accountability by nursing pool operators who supply unqualified employees to nursing homes.  Barriers to employment opportunities imposed by pool operators should be removed.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 98