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. (1)

   The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).

2. (2)

   The National Labor Relations Act (29 U.S.C. 151 et seq.).

In this section, the term qualified locum tenens professional or advanced care practitioner means an individual who—

1. (1)

   provides temporary physician or advanced care practitioner services, including for workforce coverage, scheduling flexibility, or episodic staffing needs—

   1. (A)

      for a period of not more than one continuous year at a single site of service; and

   2. (B)

      pursuant to a written contract providing that the individual will not be treated as an employee with respect to such services; and

2. (2)

   is—

   1. (A)

      a physician, as defined in—

      1. (i)

         section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)); or

      2. (ii)

         section 8101(2) of title 5, United States Code; or

   2. (B)

      a nurse practitioner, physician’s assistant, or certified registered nurse anesthetist.