§ 2999-II — Definitions

§ 2999-ii. Definitions. For the purposes of this article:\n 1. "Certified nurse aide" means a person included in the nursing home\nnurse aide registry pursuant to section twenty-eight hundred three-j of\nthis chapter as added by chapter seven hundred seventeen of the laws of\nnineteen hundred eighty-nine.\n 2. "Controlling person" means a person, officer, program\nadministrator, or director whose responsibilities include the direction\nof the management or policies of a temporary health care services\nagency. "Controlling person" also means an individual who, directly\nowns at least ten percent voting interest in a corporation, partnership,\nor other business entity that is a controlling person.\n 3. "Health care entity" means an agency, corporation, facility, or\nindividual providing medical or health care services.\n 4. "Health care personnel" means nurses, certified nurse aides and\nlicensed or unlicensed direct care staff provided by the temporary\nhealth care services agency to provide temporary services in a health\ncare entity.\n 5. "Nurse" means a registered professional nurse, or a licensed\npractical nurse as defined by article one hundred thirty-nine of the\neducation law.\n 6. "Direct care worker" means an individual who is responsible for\npatient/resident handling or patient/resident assessment as a regular or\nincidental part of their services, including any licensed or unlicensed\nhealth care worker.\n 7. "Person" means an individual, firm, corporation, partnership, or\nassociation.\n 8. "Temporary health care services agency" or "agency" means a person,\nfirm, corporation, partnership, association or other entity in the\nbusiness of providing or procuring temporary employment or engaging\nindividuals to provide health care services for health care entities, or\nof enabling health care entities to engage individuals to perform health\ncare services. Temporary health care services agency shall include a\nnurses' registry licensed under article eleven of the general business\nlaw and entities that utilize apps or other technology-based solutions\nto provide, procure or enable health care entities to engage individuals\nto perform health care services. Temporary health care services agency\nshall not include: (a) an individual who only engages in providing the\nindividual's own services on a temporary basis to health care entities;\nor (b) a home care agency licensed under article thirty-six of this\nchapter.\n