La. Admin. Code tit. 48 § I-7701

Current through Register Vol. 50, No. 12, December 20, 2024

Section I-7701 - Introduction

A. No nurse staffing agency (NSA) shall be required to obtain a license in accordance with these rules until the initial Rules, regulations, and licensing standards are promulgated by the department in accordance with the Administrative Procedure Act.

B. Any person, partnership, corporation, unincorporated association, or other legal entity operating an agency that meets the definition of an NSA shall submit an initial licensing application and fee to the department within 90 days of the promulgation of the initial rules, regulations, and licensing standards.

1. If the person, partnership, corporation, unincorporated association, or other legal entity is not licensed within 180 days after submission of its initial licensing application and fee, the person, partnership, corporation, unincorporated association, or other legal entity shall cease operations until such time as the person, partnership, corporation, unincorporated association, or other legal entity is licensed as an NSA by the department.

C. No person, partnership, corporation, unincorporated association, or other legal entity may establish, operate, maintain, or advertise as an NSA in Louisiana unless the person, partnership, corporation, unincorporated association, or other legal entity is licensed by the department.

D. Nurse staffing agencies are prohibited from requiring, as a condition of employment, assignment, or referral, that their employees or contracted staff recruit new employees for the NSA from among the permanent employees of the healthcare facility to which the NSA employees or contracted staff have been assigned or referred.

E. The healthcare facility that employs or contracts staff from the NSA is prohibited from requiring, as a condition of employment, its employees to recruit NSA employees or contracted staff to become permanent employees at the healthcare facility.

F. Nurse staffing agencies are prohibited from offering or providing financial incentives to their employees, or contracted staff, for the purpose of inducing permanent employees of healthcare facilities to which they are assigned to become employed or enter into a contract with the NSA.

G. Except as provided in Paragraphs 1. and 2. of this Subsection, an NSA shall not require, in any contract with an NSA employee or contracted staff, or a healthcare facility to which the employee or contracted staff is assigned, the payment of a fee if the employee or contracted staff is hired as a permanent employee of the healthcare facility.

1. An NSA may require the payment of a fee if the fee is payable solely by the healthcare facility and the contract with the healthcare facility specifies that the amount will be reduced pro-rata based on the length of time the NSA employee or contracted staff performs services for the healthcare facility while in the employment of the NSA. The fee shall be reduced to zero over a period of time not to exceed 18 weeks from the date of the NSA's initial assignment of the employee or contracted staff to the healthcare facility.

2. The NSA shall not charge a fee if an NSA employee or contracted staff was employed by a healthcare facility as a permanent employee less than 30 days immediately preceding the agency's initial assignment of the employee or contracted staff to the healthcare facility.

La. Admin. Code tit. 48, § I-7701

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 491728 (10/1/2023).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254.