H.F. 298 Section 1. NEW SECTION . 135Q.1 Temporary staffing agency 1 for nursing services —— requirements. 2 1. As used in this section: 3 a. “Department” means the department of inspections and 4 appeals. 5 b. “Direct services” means services provided through 6 person-to-person contact. “Direct services” excludes services 7 provided by persons in a health facility for a very limited 8 purpose, are not in the health facility on a regular basis, 9 and who do not provide any treatment or services to residents, 10 tenants, or other consumers of a health facility. 11 c. “Health facility” means a health care facility as defined 12 in section 135C.1, an assisted living program as defined in 13 section 231C.2, and a Medicare certified home health agency. 14 d. “Nurse” means a licensed practical nurse or a registered 15 nurse licensed pursuant to chapter 152. 16 e. “Nurse aide” means a certified nursing assistant 17 registered with the Iowa direct care worker registry. 18 f. “Nursing services” means those services which may be 19 provided by or only under the direction of a nurse. 20 g. “Temporary employee providing nursing services” or 21 “temporary employee” means a nurse, a nurse aide, or other 22 person employed by a temporary staffing agency for nursing 23 services to provide direct services to consumers in a health 24 facility. 25 h. “Temporary staffing agency for nursing services” or 26 “agency” means an entity engaged for hire to provide or procure 27 temporary employment in health facilities for temporary 28 employees providing nursing services. “Temporary staffing 29 agency for nursing services” does not include a person who only 30 provides the person’s own services on a temporary basis to 31 health facilities. 32 2. A temporary staffing agency for nursing services 33 operating in the state shall comply with all of the following: 34 a. The agency shall document that each temporary employee 35 -1- LSB 1845YH (8) 88 pf/rh 1/ 3

H.F. 298 meets the minimum licensing, training, and continuing education 1 requirements for the position in which the temporary employee 2 will be working. 3 b. The agency shall not restrict in any manner the 4 employment opportunities of its temporary employees. 5 c. The agency shall not, in any contract with a temporary 6 employee or health facility, require the payment of liquidated 7 damages, employment fees, or other compensation if the 8 temporary employee is subsequently hired as a full-time 9 employee of the health facility. 10 d. The agency shall document that each temporary employee is 11 an employee of the agency and not an independent contractor. 12 e. The agency shall retain all agency records for five 13 calendar years. 14 3. The department shall adopt rules pursuant to chapter 17A 15 to administer this section. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill establishes requirements for a temporary staffing 20 agency for nursing services (agency) operating in the state. 21 The bill requires an agency to comply with several requirements 22 including: documenting that each temporary employee meets 23 the minimum licensing, training, and continuing education 24 requirements for the position in which the temporary employee 25 will be working; not restricting the employment opportunities 26 of its temporary employees; not, in any contract with a 27 temporary employee or health facility, requiring the payment 28 of liquidated damages, employment fees, or other compensation 29 if the temporary employee is subsequently hired as a full-time 30 employee of the health facility; documenting that each 31 temporary employee is an employee of the agency and not an 32 independent contractor; and retaining all agency records for 33 five calendar years. 34 The bill directs the department of inspections and appeals 35 -2- LSB 1845YH (8) 88 pf/rh 2/ 3

H.F. 298 to adopt administrative rules to administer the provisions of 1 the bill. 2 The bill includes definitions of terms used in the bill 3 including health facility, temporary employee providing nursing 4 services, and temporary staffing agency for nursing services 5 which means an entity engaged for hire to provide or procure 6 temporary employment in health facilities for temporary 7 employees providing nursing services. Temporary staffing 8 agency for nursing services does not include a person who only 9 provides the person’s own services on a temporary basis to 10 health facilities. 11 -3- LSB 1845YH (8) 88 pf/rh 3/ 3