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S3771
SENATE, No. 3771
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 5, 2026
Sponsored by:
Senator� ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
���� Concerns registration and operation of temporary
nurse staffing agencies.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning registration and operation of temporary nurse
staffing agencies and supplementing Title 56 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� As used in this act:
���� �Department� means the
Department of Health and Senior Services.
���� �Director� means the Director
of the Division of Consumer Affairs in the Department of Law and Public Safety.
���� �Division� means the Division
of Consumer Affairs in the Department of Law and Public Safety.
���� �Temporary nurse staffing
agency� means any person, firm, corporation, limited liability company,
partnership, or association that is engaged for hire in the business of
providing temporary nurse or nurse aide services to a health care facility, but
does not include an individual solely offering personal temporary nursing
services.
���� �Temporary nurse� means an
individual employed and credentialed properly in the State as a registered
nurse, licensed practical nurse, certified nurse assistant, medication aide,
therapist, or therapist aide.
���� 2.��� a.� A temporary nurse
staffing agency shall annually register with the division.
���� b.��� Not later than July 1,
2024, the director shall implement a process to effectuate the purpose of
subsection a. of this section.
���� c.���� The director may
establish reasonable fees for registration application and renewal, and
administrative actions in an amount sufficient to defray the division's
expenses incurred in administering and enforcing this act.
���� d.��� No temporary nurse
staffing agency shall provide temporary nurse or nurse aide services in the
State unless registered pursuant to this act.
���� 3.��� a.� A temporary nurse
staffing agency shall ensure that each temporary nurse assigned to a
third-party client is currently credentialed by the appropriate State board,
committee, or other entity to perform all responsibilities within the scope of
practice of the profession in which the temporary nurse is credentialed.
���� b.��� (1) A temporary nurse
staffing agency's maximum rate for services provided to a licensed health care
facility by a registered nurse, licensed practical nurse, or certified nurse assistant
shall not exceed 150 percent of the regional hourly wage of each position.
���� (2)�� The maximum rate noted
in paragraph (1) of this subsection shall include all charges for
administrative fees, contract fees, or other special fees in addition to the
hourly rates for the temporary nurses assigned to a third-party client.
���� (3)�� The director shall use
and publish on the Internet website of the division the most current median
hourly wage data reported by the United States Department of Labor, Bureau of
Labor Statistics wage estimates for the State.� The positions for which wage data
are to be published shall include the professions captured in the temporary
nurse definition.
���� (4)�� A third-party client of
a temporary nurse staffing agency may file a complaint with the division any
time the third-party client believes the staffing agency has charged fees in
excess of the statutory limits set forth in this section.
���� c.���� The temporary nurse
staffing agency shall maintain insurance coverage for workers' compensation for
all temporary nurses provided or procured by the staffing agency.
���� d.��� Records of violations of
State or local health codes by all temporary nurse staffing agency employees
shall be tracked by the staffing agency and reported to the division within 10
days of receipt of the violation notice.
���� e.���� The division, in
conjunction with the Department of Health and Senior Services, shall utilize
the records of violations reported pursuant to subsection d. of this section to
develop standards for temporary nurse staffing agencies and a ranking formula
to track all agencies for public accountability.
���� f.���� If an employee of a
temporary nurse staffing agency is directly connected to a quality of care or a
substandard quality of care deficiency in a facility, an investigation by the
director or appropriate State entity shall be conducted at the temporary nurse
staffing agency in which that individual is employed.
���� 4.��� a.� No temporary nurse
staffing agency shall recruit potential temporary nurses from a third-party
client to which it actively provides services in any contract.
���� b.��� A temporary nurse
staffing agency shall not, in any contract with any temporary nurse assigned to
a third-party client, prohibit the temporary nurse from being hired by a client
facility or require the payment of liquidated damages, employment fees, or other
compensation should the temporary nurse be hired as a permanent employee of a
client facility.
���� 5.��� a.� A temporary nurse
staffing agency shall maintain auditable records including, but not limited to:
���� (1)�� The mean, median, and
average salaries and hourly pay rates of temporary nurses by employment type to
include:
���� (a)�� the number of temporary
nurses;
���� (b)�� the number of temporary
nurses terminated;
���� (c)�� the number of temporary
nurses reported to the New Jersey Board of Nursing, Department of Health and
Senior Services, or Ombudsman for the Institutionalized Elderly; and
���� (d)�� the number of temporary
nurses reported to the department for abuse, neglect, misappropriation, and job
abandonment.
���� (2)�� For every temporary
nurse placed for employment, or temporary performance of services by an
employment agency with a healthcare provider employer, the temporary nurse
staffing agency shall maintain an auditable record that includes:
���� (a)�� the amount charged for
each temporary nurse;
���� (b)�� the amount paid to each
temporary nurse; and
���� (c)�� the amount of payment
received that is retained by the temporary nurse staffing agency.
���� b.��� A temporary nurse
staffing agency shall make available to the director, upon request, records
maintained pursuant to this section.
���� 6.��� The director shall
impose a monetary penalty in an amount the director deems appropriate upon a
temporary nurse staffing agency that violates the provisions of this act.
���� 7.��� Within 160 days of
enactment the division, in consultation with the department, shall promulgate registration
standards, and rules and regulations governing the operation of temporary nurse
staffing agencies to protect the health and welfare of patients.� These
regulations shall include, but not be limited to, employee bonding, maintenance
of service records, appropriate staff professional registration and
certification, licensure training, supervision, health screening, and liability
insurance.
���� 8.��� This act shall take
effect immediately.
STATEMENT
���� This bill requires temporary
nurse staffing agencies that provide temporary nurses to licensed health care
facilities to register annually as a nurse staffing agency with the Division of
Consumer Affairs in the Department of Law and Public Safety.
���� The bill requires a temporary
nurse staffing agency to ensure that temporary nurses are properly credentialed
and caps service rates at 150 percent of the regional hourly wage, as
determined by the most current U.S. Department of Labor Bureau of Labor
Statistics wage estimates.� Temporary nurse staffing agencies are required to
maintain workers' compensation insurance and to report any violations of State
or local health codes.
���� Under the bill, temporary nurse
staffing agencies are prohibited from recruiting employees from client
facilities and from including contract terms that restrict employees from being
hired by a client facility or impose penalties for that employment.
���� Additionally, the bill provides
criteria for detailed, auditable records of salaries, pay rates, employee
status, charges related to personnel placement, employee terminations, reports
to health and nursing boards, and cases of abuse, neglect, or job abandonment.�
These records are required to be made available to the director upon request.
���� Finally, the bill provides for
monetary penalties for violations of the bill�s provisions.� The division, in
consultation with the Department of Health and Senior Services, is required to
promulgate licensure standards and regulations for nurse staffing agencies within
160 days of enactment.