Bill > HB386

This bill prohibits nursing agencies from using non-compete clauses or restrictive employment covenants in their contracts with health care facilities and employees. The bill expands definitions to clarify what constitutes a nurse agency and a health care facility, and introduces new restrictions on how these agencies can operate. Specifically, nursing agencies are now prohibited from including provisions that restrict an employee's future employment opportunities, charging higher rates during communicable virus outbreaks (except during public health emergencies), recruiting employees on facility premises, or facilitating placements of professionals with suspended licenses. The bill also prevents agencies from charging liquidated damages or fees if an employee is hired permanently by a healthcare facility, with a narrow exception for contracts that meet specific criteria, such as being for international worker placement and having a limited contract duration. The bill will void existing contracts with such restrictive provisions upon its effective date and apply to new and renewed contracts going forward. The legislation aims to provide more employment flexibility for nurses and nursing assistants by removing contractual barriers to their job mobility.

Labor and Employment

https://gc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=0211&sy=2025&sortoption=&txtsessionyear=2025&txtbillnumber=HB386