An Act to Ensure Data
Maine Legislature, Session 132, LD 1769
Committee Amendment CA_A_S319 (Senate)
Amends: 22 MRSA §2131

COMMITTEE AMENDMENT " ^ " to S.P. 687, L.D, 1769, "An Act to Ensure Data
Reporting for Temporary Nurse Agencies"
Amend the bill by striking out everything after the enacting clause and inserting tlie
following:
"See. 1. 22 MRSA §2131, sub-§l, as amended by PL 2023,c,434,§1, is further
amended to read:
1. Registration; renewal. A temporary nurse agency shall register with the
department and renew the registration annually. In the event of a change of ownership,
operation or location of the temporary nurse agency, the temporary nurse agency shall
update the registration in accordance with rules adopted by the department. For purposes
of this chapter, unless the context otherwise indicates, "temporary nurse agency" means a
business entity or subdivision of a business entity that primarily provides or procures
nurses, certified nursing assistants and other qualified staff to another organization on a
temporary basis within this State, "Temporary nurse agency" includes an online platform
or marketplace that advertises for and assists or facilitates placement oftemDorarv nurses.
certified nursine assistants or other qualified staffine in an oreanization within the State.
A temporary "Temporary nurse agency"^ does not include an agency licensed in this State
as a home health care sei-vices provider.
See. 2. 22 MRSA §2131, sub-§l-B, as enacted by PL 2023,c. 434, §2, is amended
to read:
1-B. Employee quality assurance, A temporary nurse agency shall ensure that each
employee the agency assigns or refers to a health care facility for a position meets the state
and federal qualification requirements for that position and has the appropriate work
experience for that position. A temporary nurse agency shall use the Background Check
Center, established in section 9052. for direct access workers. as defined in section 9053.
subsection 14. A temporary nurse agency shall maintain a record for eacli employee that
must include documented evidence of credentials and required immunizations and
documentation of any orientation, in-service education and completion of training or an
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " ^ " to S,P, 687, L.D. 1769 (S-Sl6^
educational program required by law. On request, a tempot'ary nurse agency sliall make
available a record described in this subsection to the department. On request by a health
care facility and with justification according to rules adopted by the department, a
temporary nurse agency shall provide a record described in this subsection for an employee
of that health care facility to that health care facility.
Sec. 3. 22 MRSA §2131, sub-§4, ^[D is enacted to read;
D. The department may enter into a consent aereemeut with an apulicant or reeistrant
to resolve any matter arisine under this chapter, chapter 417-A. chapter 1691 or a rule
adopted by the department without further proceedines. A consent aereement may be
entered into pursuant to this paraeraoh only with the consent of the applicant or
registrant, the department and the Office of the Attorney General, Any remedy. penaitY
or fine that is otherwise available by law. even if only in the jurisdiction of the courts
of this State, may be achieved by a consent aereement entered into pursuant to tliis
paraeraoh.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill and adds language to the definition of "temporary
nurse agency" to include online platforms or marketplaces that advertise for and assist or
facilitate placement of temporary nurses, certified nursing assistants or other qualified
staffing in an organization within the State. It requires temporary nurse agencies to use the
Department of Health and Human Services, Background Check Center for direct access
workers. It provides that the department may enter into a consent agreement with an
applicant or registrant to resolve any matter arising under the Maine Revised Statutes, Title
22, chapter 417, chapter 417-A or chapter 1691 or a rule adopted by the department without
further proceedings.
FISCAL NOTE REQUmED
(See attached)
Page2-132LR2400(02)
COMMITTEE AMENDMENT
Approved; 06/02/25 t-Ki-
LD 1769 LR 2400(02)
An Act to Ensure Data Reporting for Temporary Nurse Agencies
Fiscal Note for Bill as Amended by Committee Amendment "4"($-4>1<:\^
Committee: Hcaltli and Human Services
Fiscal Note Required: Yes
Fiscal Note
, Minor cost increase - General Fund
Fiscal Detail and Notes
Any additional costs to the Department of Health and Human Services and the Office of the Attorney General from
the provisions of this bill are expected to be minor and can be absorbed within existing budgeted resources,
LR2400(02) - Fiscal Note - Page 1 of 1