Rhode Island 2023 Regular Session

Rhode Island House Bill H6485 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 6485
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7	7	LC003121
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO BUSINESSES AND PROFESSIONS -- NURSES
16	16	Introduced By: Representatives Bennett, Casey, Edwards, and Potter
17	17	Date Introduced: June 06, 2023
18	18	Referred To: House Health & Human Services
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Chapter 5-34 of the General Laws entitled "Nurses" is hereby amended by 1
23	23	adding thereto the following section: 2
24	24	5-34-50. APRN restrictive covenants void. 3
25	25	(a) Any contract or agreement that creates or establishes the terms of a partnership, 4
26	26	employment, or any other form of professional relationship with an advanced practice registered 5
27	27	nurse ("APRN") licensed to practice pursuant to § 5-34-45 that includes any restriction of the right 6
28	28	of the APRN to practice shall be void and unenforceable with respect to said restriction; provided, 7
29	29	however, that nothing herein shall render void or unenforceable the remaining provisions of any 8
30	30	such contract or agreement. 9
31	31	(b) Restrictions rendered void under subsection (a) of this section shall include, but shall 10
32	32	not be limited to the following: 11
33	33	(1) The right to practice in any geographic area for any period of time after the termination 12
34	34	of the partnership, or professional relationship; 13
35	35	(2) The right of an APRN to provide treatment, advise, consult with or establish a 14
36	36	professional relationship with any current patient of the employer; and 15
37	37	(3) The right of an APRN to solicit or seek to establish a professional relationship with any 16
38	38	current patient of the employer. 17
39	39	(c) Notwithstanding the foregoing, the prohibition on advanced practice registered nurse 18
40	40	covenants shall not apply in connection with the purchase and sale of a practice; provided the 19
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43	43	LC003121 - Page 2 of 3
44	44	restrictive covenant and non-compete covenant is for a period of time of not more than five (5) 1
45	45	years. 2
46	46	SECTION 2. This act shall take effect upon passage. 3
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48	48	LC003121
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52	52	LC003121 - Page 3 of 3
53	53	EXPLANATION
54	54	BY THE LEGISLATIVE COUNCIL
55	55	OF
56	56	A N A C T
57	57	RELATING TO BUSINESSES AND PROFESSIONS -- NURSES
58	58	***
59	59	This act would prohibit any agreement whereby an advanced practice registered nurse is 1
60	60	restricted in the right to practice in a certain geographic area, assist or provide treatment or establish 2
61	61	a professional relationship with any other employer; and establish the right of the advanced practice 3
62	62	registered nurse to solicit or seek to apply with the purchase and sale of a practice which includes 4
63	63	a restriction or non-compete clause within five (5) years. 5
64	64	This act would take effect upon passage. 6
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66	66	LC003121
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