H.B. 1425                                               VETOES

19-4B-02.

THIS SUBTITLE DOES NOT LIMIT THE RIGHT OF ANY PERSON WHO HOLDS A
LICENSE UNDER THIS ARTICLE TO ACT AS AUTHORIZED BY THAT LICENSE.

19-4B-03.

(A) (1) A NURSING REFERRAL SERVICE AGENCY MAY RECEIVE A FEE OR
OTHER COMPENSATION FOR PROVIDING A SERVICE AS A REFERRAL SOURCE FOR
CLIENTS AND INDEPENDENT CONTRACTORS ITS SERVICES.

(2)      A CONTRACTUAL ARRANGEMENT MAY PROVIDE THAT A NURSING
REFERRAL SERVICE AGENCY IS NOT RESPONSIBLE FOR PAYING ANY PART OF THE
COMPENSATION TO THE LICENSED HEALTH CARE PROFESSIONALS OR CARE
PROVIDERS THAT THE NURSING REFERRAL SERVICE AGENCY SCREENS OR REFERS
TO CLIENTS FOR SERVICES.

(3)      A NURSING REFERRAL SERVICE AGENCY MAY PROVIDE
ADMINISTRATIVE ASSISTANCE FOR CLIENTS.

(B) A NURSING REFERRAL SERVICE MAY NOT HAVE AN EMPLOYMENT
RELATIONSHIP WITH THE LICENSED HEALTH CARE PROFESSIONALS OR CARE
PROVIDERS THAT IT SCREENS OR REFERS TO CLIENTS.

(C) (B) A NURSING REFERRAL SERVICE AGENCY SHALL:

(1)      OBTAIN A LICENSE FROM THE DEPARTMENT PRIOR TO OPERATING
AS A NURSING REFERRAL SERVICE AGENCY;

(2)      DEVELOP AND IMPLEMENT A PROCEDURE TO SCREEN LICENSED
HEALTH PROFESSIONALS AND CARE PROVIDERS THAT INCLUDES THE FOLLOWING:

(I)      IN ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION:

1.       A STATE CRIMINAL BACKGROUND HISTORY RECORDS
CHECK; OR

2.       A PRIVATE AGENCY BACKGROUND CHECK;

(II)     VERIFICATION OF CURRENT LICENSURE OR CERTIFICATION
UNDER THE HEALTH OCCUPATIONS ARTICLE;

(III)   A BASIC HEALTH SCREENING, INCLUDING A TUBERCULOSIS
SCREENING;

(IV) VERIFICATION OF REFERENCES;

(V)     VERIFICATION OF EMPLOYMENT HISTORY;

(VI)    COMPLETION OF I-9 FORMS; AND

(VII)  AN IN-PERSON INTERVIEW OF A LICENSED HEALTH
PROFESSIONAL AND CARE PROVIDER BEFORE ANY REFERRAL OF THE INDIVIDUAL IS
MADE TO A CLIENT;

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