Employment Agency, Employment Counseling, and Job Listing Services ActNurses’ Registries
Section § 1812.524
This law explains what is meant by 'nursing service,' 'nurses’ registry,' and 'private duty nurse.' A nursing service involves a nurse providing care to a patient under a doctor's guidance. A nurses’ registry is a business that connects nurses with work opportunities, and if they refer nurses for jobs beyond private duty, they must follow certain rules. A private duty nurse is self-employed, caring for ill patients under a doctor's supervision, and gets paid by the patient directly.
Section § 1812.525
If you're running a nurses' registry in California, you need a $3,000 surety bond filed with the Secretary of State. This bond protects people in case of violations or dishonesty by the registry or its workers. You can't operate without this bond, and if it's cancelled, you must get a new one before doing business again. Alternatively, a cash deposit can be made instead of a bond, and claims against this deposit take time to be processed and paid. The Secretary of State oversees and enforces these requirements, including the collection of a filing fee. If you stop the business, the cash deposit is held for two years unless a judge orders otherwise.
Section § 1812.526
This law explains how nurses’ registries can form ongoing contracts with private duty nurses for assigning them to work. The contract needs to include specific information like names, addresses, and a fee schedule. It should also clarify that the registry acts as the nurses’ agent, outline termination procedures, and detail current charges. Registries must maintain accurate records and update nurses in writing about any fee changes. Nurses get a monthly statement listing fees, and they have the right to dispute any charges they think are incorrect. Both parties need to sign the contract, and each contract should be stored and managed properly.
Section § 1812.527
This section mandates that a nurses' registry must give nurses a clear copy of their fee schedule and payment terms before any interviews. The schedule should list all possible fees and must be prominently posted at the registry. Any updates to the fees must also be displayed for at least seven days before they take effect. All schedules and changes need to be documented and kept on file for a year.
Section § 1812.528
This law requires that a nurses' registry must verify and keep a record of a nurse's claimed experience or training. Additionally, when interviewing a jobseeker, the interviewer must check and note the details of the jobseeker's nursing license, including its expiry date, on their application.
Section § 1812.529
Section § 1812.530
This law says that a nurses' registry cannot charge a nurse any kind of registration fee. It also cannot require a nurse to sign any documents, like a promissory note or an assignment of wages, to cover its fees.
Section § 1812.531
This law states that nurses' registries are not allowed to share their fees with doctors, nurses, hospitals, patients, or any agents or employees representing these parties.
Section § 1812.532
If a nurse pays a fee or expenses to an agency for a job placement but doesn’t get the job or isn't paid for it, the agency must refund the nurse’s money if requested. If they don't refund within 48 hours, they owe an extra amount equal to the original fee.
Section § 1812.533
This law focuses on regulating the advertising and representation practices of nurses’ registries. It prohibits them from making false or misleading claims about their services or about potential job opportunities for nurses. Any advertisements must feature the correct name and contact information for the registry. Nurses’ registries cannot claim to be home health agencies unless they actually meet the legal definition of one, and they must provide written disclosure confirming that they are not home health agencies. Additionally, they must keep records of all advertisements for at least a year. Complaints about these registries can be reported to law enforcement or other appropriate agencies.