H.R. 7686

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7686 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7686

To recognize the importance of clinical roles of locum tenens 
physicians, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 25, 2026

Mr. Carter of Georgia introduced the following bill; which was referred 
to the Committee on Education and Workforce, and in addition to the 
Committees on Energy and Commerce, Oversight and Government Reform, and 
House Administration, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To recognize the importance of clinical roles of locum tenens 
physicians, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Rural and Underserved Health Care 
Staffing Act''.

SEC. 2. FEDERAL RECOGNITION OF LOCUM TENENS CLINICAL ROLES.

(a) Classification of Locum Tenens Physicians.--
(1) In general.--Subject to paragraph (2), for the purposes 
of a Federal law or program described in subsection (b), with 
respect to health services performed by an individual who is a 
qualified locum tenens physician or advanced care 
practitioner--
(A) such individual shall not be considered an 
employee of the entity on behalf of which the services 
are performed, including any contracting agency or 
payor;
(B) such entity shall not be considered an employer 
of such individual; and
(C) any remuneration paid or received for such 
services shall be treated as remuneration for services 
performed by an independent contractor.
(2) Exception for express employer-employee relationship.--
Paragraph (1) shall not apply with respect to any services for 
which an individual and a health care facility (or a 
contracting agency acting on behalf of a health care facility) 
expressly agree, in a written contract, to enter into an 
employer-employee relationship.
(b) Federal Laws and Programs Described.--The Federal laws and 
programs described in this subsection are the following:
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
seq.).
(2) The National Labor Relations Act (29 U.S.C. 151 et 
seq.).
(3) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
2000e et seq.).
(4) The Americans with Disabilities Act (42 U.S.C. 12101 et 
seq.).
(5) The Family and Medical Leave Act (29 U.S.C. 2601 et 
seq.).
(6) The Employee Retirement Income Security Act of 1974 (29 
U.S.C. 1001 et seq.).
(7) The Public Health Service Act (42 U.S.C. 201 et seq.).
(8) Any program administered by the Department of Health 
and Human Services, to the extent that such program requires a 
determination of whether an individual is an employee of a 
health care facility (or a contracting agency acting on behalf 
of a health care facility) for program participation, 
certification, or compliance purposes.
(c) Definitions.--In this section:
(1) Qualified locum tenens physician or advanced care 
practitioner.--The term ``qualified locum tenens physician or 
advanced care practitioner'' means an individual who--
(A) provides temporary medical or clinical services 
on a locum tenens basis at a single site for a period 
not exceeding 1 continuous year;
(B) is--
(i) a doctor of medicine, osteopathy, 
dental surgery, or dental medicine legally 
authorized to practice in the State in which 
the individual performs such services;
(ii) a doctor of podiatric medicine or 
optometry legally authorized to practice in the 
State in which the individual performs such 
services;
(iii) a physician, as defined in--
(I) section 1861(r) of the Social 
Security Act (42 U.S.C. 1395x(r)); or
(II) section 8101(2) of title 5, 
United States Code; or
(iv) a nurse practitioner, physician 
assistant, or certified registered nurse 
anesthetist; and
(C) performs such services pursuant to a written 
agreement between the individual and a health care 
facility (or a contracting agency acting on behalf of a 
health care facility).
(2) State.--The term ``State'' means each of the several 
States, the District of Columbia, and the territories and 
possessions of the United States.
(d) Rule of Construction.--Nothing in this Act shall be construed 
to--
(1) affect or preempt State laws governing professional 
licensure or scope of practice;
(2) alter the application of the Internal Revenue Code of 
1986 (26 U.S.C. 1 et seq.), including the imposition, 
collection, or calculation of taxes under subtitle C of such 
Code (such as taxes under the Federal Insurance Contributions 
Act or Federal Unemployment Tax Act and related withholding) or 
under chapter 2 of subtitle A of such Code (self-employment 
tax);
(3) alter the definition or treatment of the terms 
``wages'' or ``self-employment income'', or the calculation of 
benefits, under title II of the Social Security Act (42 U.S.C. 
401 et seq.);
(4) affect eligibility for, benefit computation under, or 
contributions to any Federal or State unemployment compensation 
program; or
(5) alter eligibility for participation or reimbursement 
under--
(A) the Medicare program under title XVIII of the 
Social Security Act (42 U.S.C. 1395 et seq.);
(B) the Medicaid program under title XIX of such 
Act (42 U.S.C. 1396 et seq.); or
(C) any other federally supported health program.
(e) Administration.--This section shall be implemented, as 
applicable, by the heads of the Federal departments and agencies 
responsible for administering the Federal laws and programs described 
in subsection (b). The Secretary of Health and Human Services shall 
implement this section with respect to the programs described in 
subsection (b)(8).
(f) Effective Date.--This section shall only apply to services 
performed on or after the date of enactment of this Act. Nothing in 
this section shall affect the interpretation of any applicable law with 
respect to services performed before such date of enactment.
(g) Severability.--If any provision of this section, or the 
application of such provision to any person or circumstance, is held to 
be unconstitutional, the remainder of this section, and the application 
of the remaining provisions, shall not be affected.
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