La. Admin. Code tit. 48 § I-7703

Current through Register Vol. 50, No. 11, November 20, 2024
Section I-7703 - Definitions

Administrator or Director-the person who is in charge of the daily operations of the NSA.

Authorized Agency-a private entity authorized by the Office of State Police to conduct the criminal history checks provided for in these regulations. Nothing herein shall be construed as expanding the access to confidential law enforcement records of the state of Louisiana or its political subdivisions or authorizing access by said agency to the computerized records of law enforcement agencies.

Certified Nurse Aide (CNA)-an individual who has completed a Nurse Aide Training and Competency Evaluation Program approved by the state as meeting the requirements of 42 CFR 483.151 and 483.154, or has been determined competent as provided in 42 CFR 483.150(a) and (b) and is listed as certified and in good standing on the state's certified nurse aide registry.

Cessation of Business-provider is non-operational and/or has stopped offering or providing services in the state.

Change of Ownership (CHOW)-the addition, substitution, or removal, whether by sale, transfer, lease, gift, or otherwise, of a licensed NSA subject to this rule by a person, corporation, or other entity which results in a change of controlling interest of assets or other equity interests of the licensed entity may constitute a CHOW of the licensed entity.

Client-the licensed healthcare facility or agency to which the registered nurse, licensed practical nurse, or certified nursing assistant is assigned on a temporary basis.

DAL-Division of Administrative Law, or its successor.

Department-the Louisiana Department of Health (LDH) or any office or agency thereof designated by the secretary of the department.

Employee or Contracted Staff-person employed by the nurse staffing agency or contracted by the nurse staffing agency to perform healthcare services in a healthcare facility for compensation, such as wages or a salary. An employed person may be one who is contracted or one who is hired for a staff position. This definition does not include a person employed or contracted to provide solely consulting services.

Geographic Location-primary business location that the nurse staffing agency operates from, as indicated on the NSA license.

Healthcare Facility-any person, partnership, corporation, unincorporated association, or other legal entity licensed pursuant to R.S. 40:2006 (A)(2), or current law, and operating or planning to operate within the state.

HSS-the LDH, Office of the Secretary, Health Standards Section.

Licensee-any nurse staffing agency properly licensed in accordance with this Rule.

Licensed Practical Nurse (LPN)- a person who practices practical nursing and who is licensed to practice practical nursing in accordance with R.S. 38:961, or current law.

Line of Credit-a credit arrangement with a federally insured, licensed lending institution that is established to ensure that the NSA has available funds as needed to continue the operations of the agency. The line of credit shall be issued to the licensed entity. For purposes of NSA licensure, the line of credit shall not be a loan, credit card, or a bank balance.

Non-Operational-the NSA location is not open for business operation on designated days and hours as stated on the licensing application.

Nurse-a registered nurse as defined in R.S. 37:913, or current law, or a licensed practical nurse as defined in R.S. 37:961, or current law.

Nurse Staffing Agency (NSA)-any person, partnership, corporation, unincorporated association, or other legal entity, including a digital website/platform, that employs, assigns, or refers nurses or certified nurse aides to render healthcare services in a healthcare facility for a fee. For purposes of these regulations, NSA does not include the following:

1. An NSA that solely provides services in Louisiana under a contract or other agreement with the state of Louisiana, or any executive branch department or agency thereof, as a result of a declared disaster, emergency, or public health emergency.
2. The federal or state government department or agency that provides nursing staff or certified nurse aides to any healthcare provider setting, evacuation site, or shelter location as a result of a declared disaster, emergency, or public health emergency.
3. An entity that solely provides administrative or consulting services.

Registered Agent-the individual designated by the NSA as agent for service of process, notice, or demand required or permitted by Louisiana law to be served on the NSA business entity, and has a physical address in the state of Louisiana. If the registered agent is a corporation or other eligible business entity, service of process may be made on an individual, who is 18 years of age or older, and identified as authorized to receive service for the registered agent in a statement on file with the Louisiana Secretary of State.

Registered Nurse (RN)-any individual licensed in accordance with R.S. 37:911 et seq., or current law, to engage in the practice of nursing as defined in R.S. 37:913, or current law.

Secretary-the secretary of the Louisiana Department of Health, or his/her designee.

La. Admin. Code tit. 48, § I-7703

Promulgated by the Department of Health, Bureau of Health Services Financing, LR 491729 (10/1/2023).
AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254.