Definitions

The following terms as used in 105 CMR 157.000 shall be interpreted as follows unless the context or subject matter clearly requires a different interpretation: Administrator. A person qualified by training, education or experience to operate a temporary nursing service agency. Commissioner. The Commissioner of Public Health or his or her designee. (MA REG. # 1340, Dated 6-2-17) Department. The Department of Public Health. Health Care Facility. A hospital or clinic, as defined in M.G.L. c. 111, § 52; a long-term facility which is an infirmary maintained in a town; a convalescent or nursing home, a rest home or a charitable home for the aged, as defined in M.G.L. c. 111D, § 71; a clinical laboratory subject to licensing under M.G.L. c. 111D; a public medical institution, which is any medical institution, and any institution, for the mentally ill or persons with developmental disabilities, supported in 157.020: continued whole or in part by public funds, staffed by professional, medical and nursing personnel and providing medical care, in accordance with standards established through licensing, approval or certification for participation in programs administered under Titles XVIII and XIX of the Federal Social Security Act, by the Department of Public Health; and any part of such facilities; provided, however, that Health Care Facility shall not include a facility operated by a religious group relying solely on spiritual means through prayer and healing and in which health care by or under the supervision of doctors of medicine, osteopathy, or dentistry is not provided. Medical Personnel. Nurses, nursing assistants, nurse aides, and orderlies. Nurse. A licensed practical nurse or a registered nurse as defined by the Board of Registration in Nursing (M.G.L. c. 112, §§ 74 through 81C). Nursing Assistant, Nurse Aide, and Orderly. Any individual who provides nursing care under the supervision of a nurse. Temporary Nursing Agency (Agency) (also referred to as Nursing Pool in M.G.L. c. 111, § 72Y). Any person, firm, corporation, partnership, or association engaged for hire in the business of providing or procuring temporary employment in health care facilities for medical personnel. Temporary Nursing Service Agency shall not include a medical personnel staff arrangement set up by a health care facility solely for its own use where the only costs are the salaries paid to such medical personnel; or an individual who only engages in providing his or her own services on a temporary basis to health care facilities. Transfer of Ownership. A transfer of a majority interest in the ownership of a temporary nursing service agency.