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.
- Sponsor
- Rep. Owens, Burgess [R-UT-4]
- Committees
- Education and Workforce Committee (primary)
- Last action
- Apr 14, 2026
Bottom line
H.R. 8272 aims to provide legal clarity and flexibility for healthcare entities by explicitly classifying temporary physician and advanced care practitioner roles as independent contractors under key federal labor laws, potentially reducing administrative burdens for providers but altering labor protections for practitioners.
What it actually does
This bill reclassifies qualified locum tenens professionals and advanced care practitioners as independent contractors, rather than employees, for the purposes of the Fair Labor Standards Act of 1938 (FLSA) and the National Labor Relations Act (NLRA). This means these healthcare professionals would not be subject to federal minimum wage, overtime, or collective bargaining protections under these specific laws when working temporarily under contract. The bill defines 'qualified' individuals as those providing temporary services for up to one continuous year at a single site, under a written contract specifying independent contractor status, and who are physicians, nurse practitioners, physician's assistants, or certified registered nurse anesthetists.
Proponents argue
Proponents argue that this bill provides necessary clarity for healthcare providers, allowing them greater flexibility in staffing and reducing administrative burdens associated with managing temporary workers as employees. They contend that it aligns with the temporary and often self-directed nature of locum tenens work, enabling practitioners to maintain autonomy and choose their assignments without being subject to traditional employment regulations. This reclassification could help address workforce coverage and scheduling flexibility needs in the healthcare sector.
Opponents contend
Opponents contend that this bill strips essential labor protections from a significant segment of the healthcare workforce, potentially leading to lower wages, lack of benefits, and an inability to collectively bargain for better working conditions. They argue that classifying these professionals as independent contractors could make them more vulnerable to exploitation and undermine the intent of federal labor laws designed to protect workers, even those in temporary roles. Critics may also raise concerns about the precedent this sets for other professional groups.
The bill is very short and straightforward, making it highly accessible for any reader to understand its core provisions quickly.
Section 1(a)
Reclassification of Qualified Locum Tenens Professionals and Advanced Care Practitioners
This provision states that individuals who meet the definition of a 'qualified locum tenens professional or advanced care practitioner' shall not be considered employees for the purposes of the Fair Labor Standards Act of 1938 (FLSA) and the National Labor Relations Act (NLRA). This means that for these specific federal laws, healthcare entities engaging these professionals on a temporary basis would treat them as independent contractors, exempting them from minimum wage, overtime pay, and collective bargaining rights.
Supporters argue
Supporters argue this reclassification provides much-needed legal clarity for healthcare providers who rely on temporary staff, reducing the administrative burden and legal risks associated with managing these professionals as employees. They believe it fosters flexibility in staffing models, which is crucial for addressing fluctuating patient needs and workforce shortages, especially in rural or underserved areas.
Critics contend
Critics contend that this provision erodes fundamental worker protections, leaving highly skilled healthcare professionals without the safeguards of minimum wage, overtime, and the right to organize. They argue it could lead to a 'race to the bottom' in terms of compensation and benefits, as healthcare entities may be incentivized to use more independent contractors to cut costs, potentially impacting the quality of care and workforce stability.
Tradeoffs
The provision navigates the tension between providing operational flexibility and cost savings for healthcare providers and ensuring comprehensive labor protections for healthcare professionals. It seeks to formalize a specific type of temporary work arrangement, but in doing so, it alters the traditional employer-employee relationship under federal law.
Section 1(b)
Definition of Qualified Locum Tenens Professional or Advanced Care Practitioner
This section defines who qualifies for the independent contractor status under the bill. It specifies that the individual must provide temporary physician or advanced care practitioner services for a period of not more than one continuous year at a single site, pursuant to a written contract stating they will not be treated as an employee. The individual must also be a physician (as defined by the Social Security Act or Title 5, U.S. Code), a nurse practitioner, a physician's assistant, or a certified registered nurse anesthetist.