H.R. 8272

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8272 Introduced in House (IH)]

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119th CONGRESS
2d Session
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.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 14, 2026

Mr. Owens introduced the following bill; which was referred to the 
Committee on Education and Workforce

_______________________________________________________________________

A BILL

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.

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

SECTION 1. CLASSIFICATION OF QUALIFIED LOCUM TENENS PROFESSIONALS AND 
ADVANCED CARE PRACTITIONERS AS INDEPENDENT CONTRACTORS 
UNDER FAIR LABOR STANDARDS ACT OF 1938 AND NATIONAL LABOR 
RELATIONS ACT.

(a) In General.--For the purposes of the following Federal laws, an 
individual who is a qualified locum tenens professional or advanced 
care practitioner shall not be considered an employee of the entity on 
behalf of which the individual furnishes physician or advanced care 
practitioner services on a temporary basis, whether or not provided as 
a substitute for another provider:
(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.).
(b) Qualified Locum Tenens Professional or Advanced Care 
Practitioner Defined.--In this section, the term ``qualified locum 
tenens professional or advanced care practitioner'' means an individual 
who--
(1) provides temporary physician or advanced care 
practitioner services, including for workforce coverage, 
scheduling flexibility, or episodic staffing needs--
(A) for a period of not more than one continuous 
year at a single site of service; and
(B) pursuant to a written contract providing that 
the individual will not be treated as an employee with 
respect to such services; and
(2) is--
(A) 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
(B) a nurse practitioner, physician's assistant, or 
certified registered nurse anesthetist.
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