Tenn. Comp. R. & Regs. 0720-46-.01

Current through October 22, 2024

Section 0720-46-.01 - [Effective until 5/5/2024] DEFINITIONS

(1) Addresses. For legal entities and individuals, the physical address from which the agency operates its Tennessee business and mailing address if different from the physical address.

(2) Agency. A temporary healthcare staffing agency.

(3) Certified nurse aide (C.N.A.). An individual who has successfully completed an approved nursing assistant training program and is registered with the Commission.

(4) Commission. The Tennessee Health Facilities Commission.

(5) Controlling Person. An individual, business entity, officer, program administrator, or director whose responsibilities include the direction of the management or policies of a temporary healthcare staffing agency. The term "controlling person" shall also mean an individual who, directly or indirectly, holds an ownership interest of five percent (5%) or more in a corporation, partnership, or other business association that is itself a controlling person.

(6) Digital website. An online webpage operated by an agency that maintains applications from direct care staff submitted to the agency online, for referral to a healthcare facility.

(7) Digital smart phone application. A computer program or software application operated by an agency that maintains applications from direct care staff submitted to the agency for referral to a health care facility that is designed to run on a mobile device such as a phone, tablet, or watch.

(8) Direct Care Staff.

(a) An individual who is a medication aide, medication technician, certified nurse aide, licensed practical nurse, or registered nurse and contracts with or is employed by a temporary healthcare staffing agency to provide direct care services to residents or patients in a healthcare facility.

(b) A certified nurse practitioner or an advanced practice registered nurse certified or registered under title 63, chapter 7 and engaged in the practice of nursing is not a direct care staff.

(9) Executive director. The executive director of the Health Facilities Commission.

(10) Healthcare facility. A nursing home or an assisted-care living facility as those terms are defined by T.C.A. § 68-11-201.

(11) Immediately available. Immediately available means available to the Commission or its agent within one (1) business day following written requests made by means of email, fax, or in-person delivery, or within (1) hour of requests made during inspection visits.

(12) Medication Aide or medication technician. An individual who administers medications under the general supervision of a licensed registered or practical nurse pursuant to T.C.A. § 63-7-127.

(13) Owner. Any person with an ownership interest of five percent (5%) or more in the agency.

(14) Person. An individual, firm, corporation, partnership, or association.

(15) Temporary healthcare staffing agency.

(a) A person, or other business entity that is:

1. Engaged in whole or in part in the business of providing or procuring temporary employment in healthcare facilities for direct care staff; or

2. That operates a digital website or digital smartphone application that facilitates the provision of the engagement of direct care staff and accepts requests from healthcare facilities for direct care staff through its digital website or digital smartphone application.

(b) The term shall not include an individual who engages, only on the individual's own behalf, to provide the individual's services on a temporary basis to a healthcare facility without the use or involvement of a temporary healthcare staffing agency; or a staffing agency operated by a hospital, assisted-care living facility, or nursing home as those terms are defined by T.C.A. § 68-11-201, or an affiliate of a hospital, assisted-care living facility, or nursing home, if the purpose of the agency is solely procuring, furnishing, or referring temporary or permanent direct care staff for employment at that healthcare provider, or any affiliates under common ownership.

Tenn. Comp. R. & Regs. 0720-46-.01

Emergency rules filed 11/7/2023; exp. through 5/5/2024 (Emergency).

Authority: T.C.A. § 68-11-2201.