Definitions

(1) Address(es). For legal entities and individuals, the physical address from which the agency operates its Tennessee business and mailing address if different from the physical address. (2) Certified Nurse Assistant (C.N.A.). An individual who has successfully completed an approved nursing assistant training program and is registered with the Commission. (3) Commission. The Tennessee Health Facilities Commission. (4) Controlling Person. An individual, business entity, officer, program administrator, or director whose responsibilities include the direction of the management or policies of a temporary healthcare staffing agency. The term “controlling person” shall also mean an individual who, directly or indirectly, holds an ownership interest of five percent (5%) or more in a corporation, partnership, or other business association that is itself a controlling person. (5) Digital Website. An online webpage operated by a temporary healthcare staffing agency that maintains applications from direct care staff submitted to the temporary healthcare staffing agency online, for referral to a healthcare facility. (6) Digital Smart Phone Application. A computer program or software application operated by a temporary healthcare staffing agency that maintains applications from direct care staff submitted to the temporary healthcare staffing agency for referral to a health care facility that is designed to run on a mobile device such as a phone, tablet, or watch. (7) Direct Care Staff. (a) An individual who is a medication aide, Certified Nurse Assistant, licensed practical nurse, or registered nurse and contracts with or is employed by a temporary healthcare staffing agency to provide direct care services to residents or patients in a healthcare facility. (b) A certified nurse practitioner or an advanced practice registered nurse certified or registered under Title 63, Chapter 7 and engaged in the practice of nursing is not a direct care staff. (c) Corporate employees used in the operation of a temporary staffing agency that do not provide patient care are not considered direct care staff. (8) Executive Director. The executive director of the health facilities commission. As defined in T.C.A. § 68-11-2301. STANDARDS FOR TEMPORARY HEALTHCARE STAFFING AGENCIES CHAPTER 0720-46 (9) Healthcare Facility. A nursing home or an assisted-care living facility as those terms are defined by T.C.A. § 68-11-201. (10) Immediately Available. Immediately available means available to the Commission or its agent within one (1) business day following written requests made by means of e-mail, fax, or in- person delivery, or within (1) hour of requests made during inspection visits. (11) Medication Aide. An individual who administers medications under the general supervision of a licensed registered or practical nurse pursuant to T.C.A. § 63-7-127. (12) Owner. Any person with an ownership interest of five percent (5%) or more in the agency. (13) Person. An individual, firm, corporation, partnership, or association. (14) Temporary Healthcare Staffing Agency (Agency) as defined in T.C.A. § 68-11-2301: (a) A person, or other business entity that is: 1. Engaged in whole or in part in the business of providing or procuring temporary employment in healthcare facilities for direct care staff; or 2. 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. (b) The term shall not include 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 a staffing agency operated by a hospital, assisted-care living facility, or nursing home as those terms are defined by T.C.A. § 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. (15) Temporary Healthcare Staffing Registry (Registry) means the Registry maintained by the Commission pursuant to T.C.A. § 68-11-23, containing the names of any Temporary Healthcare Staffing Agencies as defined in T.C.A. § 68-11-2301.