H.R. 8272 — To classify qualified locum tenens professionals and advanced care practitioners as independent contractors for the purposes of the Fair Labor Standards Act of 1938 and the National Labor Relations Act.

This section classifies qualified locum tenens professionals and advanced care practitioners as independent contractors—not employees—under the Fair Labor Standards Act (FLSA) and National Labor Relations Act (NLRA) when providing temporary physician or advanced care practitioner services (e.g., for workforce coverage or as substitutes) to an entity. Qualified individuals (1) provide such services for not more than one continuous year at a single site pursuant to a written contract specifying non-employee status and (2) are physicians (as defined in section 1861(r) of the Social Security Act or 5 U.S.C. §8101(2)) or nurse practitioners, physician assistants, or certified registered nurse anesthetists. (Thus, they are exempt from FLSA requirements such as minimum wage and overtime and from NLRA protections such as collective bargaining rights.)