2999-II – Definitions.

§ 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
  association.
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.