An Act to Ensure Data Reporting for Temporary Nurse Agencies

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
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S.P. 687 - L.D. 1769
An Act to Ensure Data Reporting for Temporary Nurse Agencies
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2131, sub-§1, 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 of temporary nurses,
certified nursing assistants or other qualified staffing in an organization within the State.
A temporary "Temporary nurse agency" does not include an agency licensed in this State
as a home health care services provider.
Sec. 2. 22 MRSA §2131, sub-§1-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 each 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
educational program required by law. On request, a temporary nurse agency shall 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
APPROVED
JUNE 17, 2025
BY GOVERNOR
CHAPTER
346
PUBLIC LAW
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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 agreement with an applicant or registrant
to resolve any matter arising under this chapter, chapter 417-A, chapter 1691 or a rule
adopted by the department without further proceedings. A consent agreement may be
entered into pursuant to this paragraph only with the consent of the applicant or
registrant, the department and the Office of the Attorney General. Any remedy, penalty
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 agreement entered into pursuant to this
paragraph.