HB386

Nurses and Nursing Assistants are often unaware that agencies have noncompete clauses with the health care organization or school they are working in. This lacks transparency and exacerbates the shortage of these professionals. Nurses and Nursing Assistants should be able to work where they choose. Thank you, Carlene Ferrier, RN

This is beneficial for a Nurse point of view. I highly support this.

This bill would help school districts fill vacancies in school nursing slots with qualified applicants while saving taxpayer money. It is a win for both students and taxpayers.

It’s important for health care workers to be able to work where they are needed and wanted we already have a critical nursing shortage and non compete clauses are not helping the matter. Joline Manseau, APRN Hollis NH

I am a nurse, licensed in NH for 40 years. I am currently taking a position for the spring, under contract with an agency. This bill directly affects my ability to pursue employment freely and to accept assignments that suit my ability, availability and commutability. Once a nurse has fulfilled their contracted commitment, they should no longer be impeded by red tape as they move on to other opportunities.

This bill will make a huge difference in getting qualified nurses into our schools, having a direct beneficial effects on students, while saving districts much money in the process. Please support this bill! Ignacio

It is unreasonable to expect a nurse who decided to work for an agency then be unable to change jobs to a position that is likely more permanent or consistent because of a condition of non-compete, which the nurse may not even be aware of.

I believe HB386 will have a great impact on Non Compete contracted nurses and all nurses throughout our agencies and communities .This bill would allow the freedom of movement to access beneficial nursing in general. I support this bill and believe this legislation is greatly needed and will have considerable impact not only for nursing but our communities and state..

To the House Labor, Industrial and Rehabilitative Services Committee: I am writing on behalf of the Manchester School Board, which has authorized me to advocate for HB386. We ask that you vote yes on HB386. Passing this bill would encourage more nurses to consider applying for school nurse positions. The bill thus has the potential to ameliorate the current shortage of school nurse candidates. We hope we can count on your support to pass this legislation. We appreciate your time and consideration. Thank you—Sincerely, Sean Parr, PhD Manchester Board of School Committee, Ward 2 Chair, Education Legislation Committee

This bill would help the Manchester School District (and other districts in the state) to hire a sufficient number of nurses to provide our special education and other students adequate health treatment and safety. It would also save taxpayers money all across the state. I urge you to support this bill.

Nurses should be able to move freely after leaving an agency without having to have their contracts bought!

Over twenty years ago, I worked for an agency and had no idea there was a non-complete clause. Why does an agency have the right to have a non-complete clause when other employers do not hold their employees hostage stating they cannot work for another nursing home or hospital? Agencies pay great and I worked them while in college. (LNA to RN) Agencies also give you an opportunity to decide where you don't want to work. I do not understand an agency having the authority to restrict your job opportunities. They serve a purpose but people's lives, needs, and goals change.

Passing this bill will make it more likely that our state can retain and recruit nurses, a much needed and invaluable resource, especially now.

This Bill supports, what I call, “individual freedom to work”. I fully support the enactment of this Bill. Non-compete clauses, except in very limited cases, are a form of Communism by Employer. Non-compete clauses are a “lose-lose” for patients; can disrupt continuity of care and limit a patient’s access to care, or prevent optimal care if, for example, a nurse is prohibited in speaking about unsafe conditions. Nurses are the most important staff for patient well-being. These clauses stifle competition (which is why I call them “Communism by Employers”), which increases total health care costs across the country. Non-compete clauses reduce the ability for nurses to seek their maximum remuneration; which is a form of servitude. If an employer wants to retain nursing staff, they can do this with improved staff engagement, transparency of care, a high quality working environment, including shift practices, and ensuring their staff is optimally rewarded. I am not sure if this Bill includes non-profits, but they should be included. A non-profit should not be allowed to have non-compete clauses either. Good luck.

In this time of healthcare worker shortages, we do not need any more legislation that creates barriers to hiring healthcare workers.

Non-compete clauses in healthcare and school districts serve to limit the mobility and growth of professionals, which has direct negative consequences for patient care, educational quality, and the broader community. These clauses restrict the free movement of skilled workers, limit innovation, contribute to dissatisfaction and burnout, and ultimately harm the individuals and institutions that these professionals aim to serve. In both sectors, the focus should be on collaboration, support, and ensuring that skilled professionals have the freedom to pursue fulfilling careers that allow them to provide the highest quality service to those in need.

I am in support of this bill as many agency nurses work one to one with students in the school setting. The nurse may spend part of her day in the school nurse office or works closely with the school nurse. In Manchester, we have many open positions. If the agency nurse decides to apply for a school nurse position and meets the criteria, the school district has to pay the agency exorbitant amounts in order for the nurse to be hired by our district as part of the non-compete clause. The result is qualified agency nurses may be bypassed/not hired to fill open positions within our district.