2001 Minnesota Statutes

     144A.72 Registration requirements; penalties. 

    Subdivision 1.    Minimum criteria.  The commissioner 
 shall require that, as a condition of registration: 

    (1) the supplemental nursing services agency shall document 
 that each temporary employee provided to health care facilities 
 currently meets the minimum licensing, training, and continuing 
 education standards for the position in which the employee will 
 be working; 

    (2) the supplemental nursing services agency shall comply 
 with all pertinent requirements relating to the health and other 
 qualifications of personnel employed in health care facilities; 

    (3) the supplemental nursing services agency must not 
 restrict in any manner the employment opportunities of its 
 employees; 

    (4) the supplemental nursing services agency, when 
 supplying temporary employees to a health care facility, and 
 when requested by the facility to do so, shall agree that at 
 least 30 percent of the total personnel hours supplied are 
 during night, holiday, or weekend shifts; 

    (5) the supplemental nursing services agency shall carry 
 medical malpractice insurance to insure against the loss, 
 damage, or expense incident to a claim arising out of the death 
 or injury of any person as the result of negligence or 
 malpractice in the provision of health care services by the 
 supplemental nursing services agency or by any employee of the 
 agency; and 

    (6) the supplemental nursing services agency must not, in 
 any contract with any employee or health care facility, require 
 the payment of liquidated damages, employment fees, or other 
 compensation should the employee be hired as a permanent 
 employee of a health care facility. 

    Subd. 2.    Penalties.  A pattern of failure to comply 
 with this section shall subject the supplemental nursing 
 services agency to revocation or nonrenewal of its registration.
 Violations of section 144A.74 are subject to a fine equal to 200 
 percent of the amount billed or received in excess of the 
 maximum permitted under that section. 

    HIST: 1Sp2001 c 9 art 7 s 4