AN ACT Relating to nursing pools; and adding a new chapter to Title 18 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Director" means the director of the department of licensing.

(2) "Nursing home" means any nursing home facility licensed pursuant to chapter 18.52 RCW.

(3) "Nursing pool" means any person, firm, corporation, partnership, or association engaged for hire in the business of providing or procuring temporary employment in health care facilities for medical personnel, including, but not limited to, nurses, nursing assistants, nurses aides, and orderlies. "Nursing pool" does not include an individual who only engages in providing his or her own services on a temporary basis to nursing home facilities.

(4) "Person" includes an individual, firm, corporation, partnership, or association.

NEW SECTION. Sec. 2. A person who operates a nursing pool shall register the pool with the director. Each separate location of the business of a nursing pool shall have a separate registration.

The director, by rule, shall establish forms and procedures for the processing of nursing pool registration applications, including the payment of a reasonable registration fee. An application for a nursing pool registration shall include at least the following information:

(1) The names and addresses of the owner or owners of the nursing pool;

(2) If the owner is a corporation, copies of its articles of incorporation and current bylaws, together with the names and addresses of its officers and directors; and

(3) Any other relevant information that the director determines is necessary to evaluate properly an application for registration.

A registration issued by the director in accordance with this section shall remain effective for a period of one year from the date of its issuance unless the registration is revoked or suspended pursuant to section 3(3) of this act, or unless the nursing pool is sold or ownership or management is transferred, in which case the registration of the nursing pool shall be voided and the new owner or operator may apply for a new registration.

NEW SECTION. Sec. 3. The director, by rule, in consultation with the department of social and health services and the board of nursing, shall establish minimum standards for the registration and operation of a nursing pool. These rules shall be designated to protect the public's right to high quality health care by assuring that nursing pools employ competent and qualified nursing personnel, and that such nursing personnel are provided to nursing homes in a way to meet the needs of residents and patients.

(1) The nursing pool shall document that each temporary employee provided to health care facilities currently meets the minimum licensing, training, and continuing education standards for the position in which he or she will be working.

(2) The nursing pool shall comply with all pertinent regulations of the department of social and health services relating to the health and other qualifications of personnel employed in nursing home facilities.

(3) The nursing pool shall not require, as a condition of employment, that employees of the nursing pool recruit new employees for the nursing pool from among the permanent employees of the nursing home facility to which the nursing pool employee has been assigned.

(4) The nursing pool shall not restrict in any manner the employment opportunities of its employees.

(5) The nursing pool shall not, in any contract with any employee or nursing home facility, require the payment of liquidated damages, employment fees, or other compensation if the employee is hired as a permanent employee of a health care facility.

(6) The nursing pool shall carry medical malpractice insurance to insure against the loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence or malpractice in the provision of health care services by the nursing pool or by any employee of the nursing pool.

The director shall monitor the use of nursing pool services to determine whether there is an effect on quality of care where the pools' services are used.

The director, by rule, shall establish appropriate penalties for the violation of sections 1 through 3 of this act, including fines and registration suspension or revocation.

NEW SECTION. Sec. 4. No state agency shall allow reimbursement for the use of personnel from nursing pools that are not registered pursuant to this chapter.

NEW SECTION. Sec. 5. Sections 1 through 4 of this act shall constitute a new chapter in Title 18 RCW.