LAC 48: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. For purposes of this licensing rule, a CNA who is engaged through a licensed NSA may be considered a contractor, provided that such classification is consistent with state and federal law, and the CNA in his or her sole discretion bids on open shifts and chooses where, when, and how often to work. 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 to which the registered nurse, licensed practical nurse, or certified nurse aide is assigned. 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—a person employed or engaged as a contractor by the nurse staffing agency (NSA) to perform healthcare services in a healthcare facility. 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. Healthcare Technology Platform or Platform—any person, partnership, corporation, unincorporated association or other legal entity that develops and operates, offers, or maintains a system or technology that provides an internet-based or application-based marketplace through which a contracted nurse, who has a current Louisiana license in good standing practicing within the scope of the nursing license, or certified nurse aide bids on, selects, or accepts open shifts posted by a healthcare facility to provide services for the healthcare facility. A NSA operating as a healthcare technology platform shall designate a nurse as a person of contact for all healthcare facilities. 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. For purposes of this licensing rule, an LPN who is engaged through a licensed NSA may be considered a contractor, provided that such classification is consistent with state and federal law, and the LPN in his or her sole discretion bids on open shifts and chooses where, when, and how often to work. The LPN shall have a current Louisiana license in good standing, and shall practice within the scope of the LPN license 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 NSA. 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. Louisiana Adverse Actions List—the adverse actions database, or its successor, maintained by the department or its designee, containing all individuals or providers who are sanctioned, which may include exclusions or for-cause terminations through LDH 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. For purposes of this licensing rule, a nurse who is engaged through a licensed NSA may be considered a contractor, provided that such classification is consistent with the state and federal law, and the nurse in his or her sole discretion bids on open shifts and chooses where, when, and how often to work. The nurse shall have a current Louisiana license in good standing, and shall practice within the scope of the nursing license. Nurse Staffing Agency (NSA)—any person, partnership, corporation, unincorporated association, or other legal entity, including a healthcare technology platform, that employs, contracts with, assigns, or refers nurses or CNAs to render healthcare services in a healthcare facility for a fee. For purposes of this definition, a fee does not mean damages recovered in a breach of contract matter. 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. 4. A recruitment organization engaged by a healthcare facility to identify foreign educated nurses or CNAs for direct employment by the healthcare facility. Referral—the act of sending or directing, or facilitating the sending or directing, the registered nurse, licensed practical nurse, or CAN to a healthcare facility to provide healthcare services at the request of or for the benefit of the healthcare facility. 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. For purposes of this licensing rule, an RN who is engaged through a licensed NSA may be considered a contractor, provided that such classification is consistent with the state and federal law, and the RN in his or her sole discretion bids on open shifts and chooses where, when, and how often to work. The RN shall have a current Louisiana license in good standing, and shall practice within the scope of the RN license. Secretary—the secretary of the Louisiana Department of Health, or his/her designee.