Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0657 Compare Versions

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55 2023 -- S 0657
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO BUSINESSES AND PROFESSIONS -- NURSES
1616 Introduced By: Senators Lauria, Miller, Ujifusa, Bell, Murray, Euer, Kallman, Britto,
1717 McKenney, and Mack
1818 Date Introduced: March 07, 2023
1919 Referred To: Senate Judiciary
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Chapter 5-34 of the General Laws entitled "Nurses" is hereby amended by 1
2424 adding thereto the following section: 2
2525 5-34-50. APRN restrictive covenants void. 3
2626 (a) Any contract or agreement that creates or establishes the terms of a partnership, 4
2727 employment, or any other form of professional relationship with an advanced practice registered 5
2828 nurse ("APRN") licensed to practice pursuant to ยง 5-34-45 that includes any restriction of the right 6
2929 of the APRN to practice shall be void and unenforceable with respect to said restriction; provided, 7
3030 however, that nothing herein shall render void or unenforceable the remaining provisions of any 8
3131 such contract or agreement. 9
3232 (b) Restrictions rendered void under subsection (a) of this section shall include, but shall 10
3333 not be limited to the following: 11
3434 (1) The right to practice in any geographic area for any period of time after the termination 12
3535 of the partnership, or professional relationship; 13
3636 (2) The right of an APRN to provide treatment, advise, consult with or establish a 14
3737 professional relationship with any current patient of the employer; and 15
3838 (3) The right of an APRN to solicit or seek to establish a professional relationship with any 16
3939 current patient of the employer. 17
4040 (c) Notwithstanding the foregoing, the prohibition on advanced practice registered nurse 18
4141 covenants shall not apply in connection with the purchase and sale of a practice; provided the 19
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4545 restrictive covenant and non-compete covenant is for a period of time of not more than five (5) 1
4646 years. 2
4747 SECTION 2. This act shall take effect upon passage. 3
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5454 EXPLANATION
5555 BY THE LEGISLATIVE COUNCIL
5656 OF
5757 A N A C T
5858 RELATING TO BUSINESSES AND PROFESSIONS -- NURSES
5959 ***
6060 This act would prohibit any agreement whereby an advanced practice registered nurse is 1
6161 restricted in the right to practice in a certain geographic area, assist or provide treatment or establish 2
6262 a professional relationship with any other employer; and establish the right of the advanced practice 3
6363 registered nurse to solicit or seek to apply with the purchase and sale of a practice which includes 4
6464 a restriction or non-compete clause within five (5) years. 5
6565 This act would take effect upon passage. 6
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