Sponsor seeks to extend non‑compete ban to advanced practice registered nurses to support care access

Senate Bill 172 would amend the Nurse Practice Act (RSA 326‑B) to make non‑compete provisions unenforceable for advanced practice registered nurses (APRNs), sponsor Sen. Suzanne Prentiss and nurse practitioners told the Senate Commerce Committee.

Prentiss said the current statute makes non‑compete clauses unenforceable for nurses, but the statutory language does not clearly cover APRNs — clinicians who hold both an RN license and an APRN license and who provide primary and specialty care as nurse practitioners, nurse anesthetists, certified nurse‑midwives and clinical nurse specialists. She said clarifying the statute would remove ambiguity and enable APRNs to change employers or practice locations without contractual restraint, helping to address primary‑care shortages.

Kim Mohan, executive director of the New Hampshire Nurse Practitioner Association, explained that APRNs are licensed under an APRN credential and that statutory language in the Nurse Practice Act currently leaves a gap that can create uncertainty about which license governs the enforceability of non‑compete clauses. Mohan said the bill would bring APRNs into parity with registered nurses and cover all advanced practice licenses under one clear statutory rule.

Supporters argued that non‑compete clauses can limit mobility and reduce access to care, particularly in regions with primary‑care shortages; witnesses cited local examples where nursing staffing shortages required extensive use of traveling staff. Brian Ciracello, a former county commissioner who managed care contracts, said non‑competes hindered hiring in his experience and supported removing restraints that prevent local employers from retaining clinicians.

Committee members asked clarifying questions. Mohan said the bill is largely housekeeping to close an ambiguity rather than a substantive expansion of rights; the board of nursing had been unable to confirm coverage for APRNs under the current non‑compete language, motivating the clarifying change. No amendments or votes were recorded at the hearing.

Sponsor and supporters asked the committee to advance the bill to ensure APRNs have the same protection from non‑compete provisions that registered nurses already enjoy.