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Terms Used In Louisiana Revised Statutes 40:2120.13

  • Certified nurse aide: means an individual who has completed a Nurse Aide Training and Competency Evaluation Program approved by the state as meeting the requirements of Louisiana Revised Statutes 40:2120.13
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the Louisiana Department of Health or any office or agency thereof designated by the secretary of the department to administer the provisions of this Part. See Louisiana Revised Statutes 40:2120.13
  • Healthcare facility: means any person, partnership, corporation, unincorporated association, or other legal entity licensed pursuant to Louisiana Revised Statutes 40:2120.13
  • Nurse: means a registered nurse as defined in Louisiana Revised Statutes 40:2120.13
  • Nurse staffing agency: means any person, partnership, corporation, unincorporated association, or other legal entity that employs, assigns, or refers nurses or certified nurse aides to render healthcare services in a healthcare facility for a fee. See Louisiana Revised Statutes 40:2120.13
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Secretary: means the secretary of the Louisiana Department of Health or his designee. See Louisiana Revised Statutes 40:2120.13

            As used in this Part, the following terms have the meanings ascribed to them in this Section:

            (1) “Certified nurse aide” means an individual who has completed a Nurse Aide Training and Competency Evaluation Program approved by the state as meeting the requirements of 42 C.F.R. § 483.151 and 483.154 or has been determined competent as provided in 42 C.F.R. § 483.150(a) and (b) and is listed as certified and in good standing on the state’s Certified Nurse Aide Registry.

            (2) “Department” means the Louisiana Department of Health or any office or agency thereof designated by the secretary of the department to administer the provisions of this Part.

            (3) “Healthcare facility” means any person, partnership, corporation, unincorporated association, or other legal entity licensed pursuant to La. Rev. Stat. 40:2006(A)(2) and operating or planning to operate within the state.

            (4) “Licensee” means any nursing agency properly licensed in accordance with this Part.

            (5) “Nurse” means a registered nurse as defined in La. Rev. Stat. 37:913 or a licensed practical nurse as defined in La. Rev. Stat. 37:961.

            (6) “Nurse staffing agency” means any person, partnership, corporation, unincorporated association, or other legal entity that employs, assigns, or refers nurses or certified nurse aides to render healthcare services in a healthcare facility for a fee. However, for purposes of this Part, “nurse staffing agency” does not include the following:

            (a) A nurse staffing agency that solely provides services in Louisiana under a contract or other agreement with the state of Louisiana, or any executive branch department or agency thereof, as a result of a declared disaster, emergency, or public health emergency.

            (b) The federal or state government department or agency that provides nursing staff or certified nurse aides to any health care provider setting, evacuation site, or shelter location as a result of a declared disaster, emergency, or public health emergency.

            (7) “Secretary” means the secretary of the Louisiana Department of Health or his designee.

            Acts 2022, No. 577, §1.