Tenn. Code § 68-11-2301

Current through Acts 2023-2024, ch. 1069

Section 68-11-2301 - Part definitions

As used in this part:

(1) "Commission" means the health facilities commission;

(2) "Controlling person" means:

(A) A business entity, officer, program administrator, or director whose responsibilities include the direction of the management or policies of a temporary healthcare staffing agency; and

(B) An individual who, directly or indirectly, beneficially owns an interest in a corporation, partnership, or other business association that is a controlling person;

(3) "Direct care staff":

(A) Means an individual who:

(i) Is a medication aide, medication technician, certified nursing assistant, licensed practical nurse, or registered nurse; and

(ii) Contracts with or is employed by a temporary healthcare staffing agency to provide direct care services to residents or patients in a healthcare facility; and

(B) Does not include:

(i) An individual who is engaged in the practice of medicine and surgery or osteopathic medicine and surgery and who is licensed under title 63, chapter 6 or 9; or

(ii) The practice of nursing by a certified nurse practitioner or an advanced practice registered nurse certified or registered under title 63, chapter 7;

(4) "Executive director" means the executive director of the health facilities commission;

(5) "Healthcare facility" means a nursing home or an assisted-care living facility as those terms are defined by § 68-11-201;

(6) "Person" means an individual, firm, corporation, partnership, or association; and

(7) "Temporary healthcare staffing agency" or "agency":

(A) Means a person, or other business entity:

(i) Engaged in whole or in part in the business of providing or procuring temporary employment in healthcare facilities for direct care staff; or

(ii) 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; and

(B) Does not include:

(i) 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

(ii) An agency operated by a hospital, assisted-care living facility, or nursing home as those terms are defined by § 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.

T.C.A. § 68-11-2301

Added by 2023 Tenn. Acts, ch. 432, s 1, eff. 5/11/2023.