SB97 Summary

• Adds Section 34-21-2.1 to the Alabama Code establishing that the Board of Nursing's rulemaking authority includes the power to prohibit unlicensed persons from practicing nursing and to regulate licensed practice of nursing.

• Authorizes the Board of Nursing to adopt rules defining and regulating nursing and advanced practice nursing in ways that prioritize patient safety and wellness, even if such rules are anti-competitive.

• Immunizes the Board of Nursing and its members from liability under state and federal antitrust laws for adoption of rules that prioritize patient safety and wellness but may be anti-competitive.

• Limits the scope of the immunization by clarifying that rules may supplement or clarify statutory definitions but cannot conflict with existing statutes defining nursing practice under Sections 34-21-1 and 34-21-81.

• Preserves existing rights, privileges, and duties of Board members as they existed prior to the 2015 U.S. Supreme Court decision in N.C. State Board of Dental Examiners v. FTC.