SB132 Summary

• Adds Section 34-21-2.1 to the Code of Alabama 1975 to immunize the Board of Nursing and its members from liability under state and federal antitrust laws for rules that prioritize patient safety and wellness.

• Establishes legislative findings that the Board of Nursing is in the best position to determine nursing practices that prioritize patient safety and wellness, even when those practices may conflict with competition goals.

• Authorizes the Board of Nursing to adopt rules under existing statutory sections that define and regulate nursing and advanced practice nursing in an anti-competitive manner if justified by patient safety and wellness priorities.

• Specifies that adopted rules may supplement or clarify statutory definitions but cannot conflict with existing statutes defining nursing practice, including Sections 34-21-1 and 34-21-81.

• Takes effect immediately upon passage and approval by the Governor, with provisions clarifying the act does not expand or restrict rights and duties of Board members beyond those existing prior to the North Carolina State Board of Dental Examiners v. FTC (2015) Supreme Court decision.