Section 0720-46-.02 - [Effective until 5/5/2024] REGISTRATION FEES AND PROCEDURES(1) No person, partnership, association, corporation, or state, county or local government unit, or any division, department, board or agency thereof, shall establish, conduct, operate, maintain, or advertise in the State of Tennessee any temporary healthcare staffing agency, or provide or procure temporary employment in healthcare facilities for direct care staff without first registering with the Commission.(2) 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 is not required to register under these rules.(3) An 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, is not required to register under these rules.(4) In order to make application for a registration:(a) The applicant shall submit an application on a form prepared by the Commission.(b) Each healthcare staffing agency making application for registration under this chapter shall pay annually to the Registry administrative office, a fee based on the number of staff employed by the agency, as follows: 1. | Less than 25 staff | $1,040.00 |
2. | 25 to 49 staff | $1,300.00 |
3. | 50 to 74 staff | $1,560.00 |
4. | 75 to 99 staff | $1,820.00 |
5. | 100 to 124 staff | $2,080.00 |
6. | 125 to 149 staff | $2,340.00 |
7. | 150 to 174 staff | $2,600.00 |
8. | 175 to 199 staff | $2,860.00 |
9. | 200 staff or more | $3,060.00 |
(c) The fee shall be submitted with the application or renewal application and is not refundable.(d) Each agency shall submit to the Registry's administrative office an application fee of one hundred eighty dollars ($180.00). The fee shall be submitted with the initial application or renewal application and is not refundable.(5) An agency seeking registration shall provide the Commission with all information requested in the application form, and any other relevant information the Commission determines is necessary to properly evaluate an application for registration, which shall include, but not be limited to:(a) The names and addresses of any controlling person;(b) The names and addresses of any owner who does not meet the definition of a controlling person. If the owner is a corporation, then the application must include copies of the corporation's articles of incorporation and current bylaws, and the names and addresses of its officers and directors;(c) The names and addresses of the person or persons under whose management or supervision the temporary healthcare staffing agency will be operated; and(d) A policy and procedure that describes how the agency's records will be immediately available to the Commission upon request.(6) In addition to the application form, each agency shall submit an affidavit, executed by a controlling person, attesting that the agency:(a) Does not restrict the employment opportunities of its direct care staff in any way inconsistent with T.C.A. § 68-11-2203, or the rules promulgated by the Commission that apply to the agency;(b) Ensures that each direct care staff contracted with or employed by the agency meets all licensing, certification, training, and continuing education standards for the position in which the direct care staff will be working, in compliance with any federal, state, or local requirements;(c) Ensures that all direct care staff contracted with or employed by the agency comply with requirements related to background checks under federal and Tennessee law and regulations, or that are adopted by any healthcare facility with which the agency contracts;(d) Maintains workers' compensation coverage as required by Tennessee law for all direct care staff; and(e) Is familiar with the laws and regulations governing a temporary healthcare staffing agency and will maintain compliance with those requirements.(7) If an agency fails to provide sufficient registration fee(s) or a completed registration application, the Commission shall reject the application and return the fee(s). An agency may then resubmit an application.(8) A registration issued by the Commission to an agency is effective for a period of one (1) year from the date of its issuance unless the registration is revoked for noncompliance pursuant to these rules.(9) An agency's registration is valid only for the entity and/or person identified on the registration issued at the address shown thereon and is not subject to sale, assignment, or other transfer.(10) If a controlling person changes, the temporary healthcare staffing agency is sold, or management is transferred, then the registration of the agency is voided and the new controlling person, owner, or manager may apply for a new registration.(11) An agency which is a partnership, limited partnership, limited liability company, or corporation that undergoes any of the following changes, or whose operation is assumed by a new corporation, partnership, limited partnership, limited liability company, or other entity, whether by one (1) or by more than one (1) action, shall apply for a new registration: (a) With respect to a partnership, a change in the majority interest of general partners;(b) With respect to a limited partnership, a change in the general partner or in the majority interest of limited partners;(c) With respect to a limited liability company, a change in any manager or in the majority interest of members; or(d) With respect to a corporation, a change in the persons who own, hold, or have the power to vote the majority of any class of securities issued by the corporation.Tenn. Comp. R. & Regs. 0720-46-.02
Emergency rules filed 11/7/2023; exp. through 5/5/2024 (Emergency).Authority: T.C.A. § 68-11-2204.