Tenn. Comp. R. & Regs. 0720-46-.05

Current through October 22, 2024

Section 0720-46-.05 - [Effective until 5/5/2024] PROHIBITED ACTIONS AND BUSINESS PRACTICES

A temporary healthcare staffing agency shall not:

(1) Restrict in any manner the employment opportunities of any direct care staff that is contracted with or employed by the agency, including, but not limited to, using contract buy-out provisions or contract non-compete clauses.

(2) Require the payment of liquidated damages, employment fees, or other compensation in any contract with direct care staff or a healthcare facility, if the direct care staff is hired as a permanent employee of the healthcare facility.

(3) Solicit or recruit the current staff of a healthcare facility, or require, as a condition of employment, assignment, or referral, that the agency direct care staff recruit new employees for the agency from among the current employees of the healthcare facility to which the agency direct care staff are employed, assigned, or referred.

(4) Any of the provisions of a contract between a temporary healthcare staffing agency and either direct care staff or a healthcare facility that violate T.C.A. § 68-11-2203 are void and unenforceable in a court of law.

(5) Any agency that repeatedly violates the provisions of this rule or that contracts repeatedly in violation of T.C.A. § 68-11-2203 may be subject to disciplinary action up to and including revocation of registration.

Tenn. Comp. R. & Regs. 0720-46-.05

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

Authority: T.C.A. §§ 68-11-2203 and 68-11-2206.