This bill aims to prohibit nursing agencies from including non-compete clauses in contracts with health care entities, thereby enhancing employment opportunities for nurses and licensed nursing assistants. The bill amends existing definitions in RSA 326-M:1 to clarify the roles of "nurse agency" and "health care facility," and introduces new definitions for "nurse," "licensed nursing assistant," and "employee." Additionally, it specifies that nursing agencies cannot restrict employment opportunities by including non-compete clauses or requiring payment of liquidated damages if an employee is hired permanently by a health care facility.

Furthermore, the bill outlines that any contract violating these provisions will be unenforceable in court, while still allowing for certain exceptions if specific criteria are met, such as the contract duration and the nature of the employment. The requirements will void existing restrictions in current contracts upon the bill's effective date and apply to new contracts or renewals thereafter. The bill does not provide funding or authorize new positions, and its fiscal impact is indeterminable, as it is unclear how many contracts may violate the new provisions.

Statutes affected:
Introduced: 326-M:1, 326-M:3