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This entry was published on 2023-08-04
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Public Health (PBH) CHAPTER 45, ARTICLE 29-K
§ 2999-ii. Definitions. For the purposes of this article:

1. "Certified nurse aide" means a person included in the nursing home
nurse aide registry pursuant to section twenty-eight hundred three-j of
this chapter as added by chapter seven hundred seventeen of the laws of
nineteen hundred eighty-nine.

2. "Controlling person" means a person, officer, program
administrator, or director whose responsibilities include the direction
of the management or policies of a temporary health care services
agency. "Controlling person" also means an individual who, directly
owns at least ten percent voting interest in a corporation, partnership,
or other business entity that is a controlling person.

3. "Health care entity" means an agency, corporation, facility, or
individual providing medical or health care services.

4. "Health care personnel" means nurses, certified nurse aides and
licensed or unlicensed direct care staff provided by the temporary
health care services agency to provide temporary services in a health
care entity.

5. "Nurse" means a registered professional nurse, or a licensed
practical nurse as defined by article one hundred thirty-nine of the
education law.

6. "Direct care worker" means an individual who is responsible for
patient/resident handling or patient/resident assessment as a regular or
incidental part of their services, including any licensed or unlicensed
health care worker.

7. "Person" means an individual, firm, corporation, partnership, or

8. "Temporary health care services agency" or "agency" means a person,
firm, corporation, partnership, association or other entity in the
business of providing or procuring temporary employment of health care
personnel for health care entities. Temporary health care services
agency shall include a nurses' registry licensed under article eleven of
the general business law and entities that utilize apps or other
technology-based solutions to provide or procure temporary employment of
health care personnel in health care entities. Temporary health care
services agency shall not include: (a) an individual who only engages in
providing the individual's own services on a temporary basis to health
care entities; or (b) a home care agency licensed under article
thirty-six of this chapter.