Section 22-B4999. DEFINITIONS

 

For the purposes of these rules, the following terms shall be defined as follows:

 

Applicant - a person or entity that has timely filed an application for initial licensure or license renewal.

 

Board or Board of Nursing - the District of Columbia Board of Nursing.

 

Client - a health care facility or agency, or an individual, which enters into an agreement or a contract with a nurse staffing agency for the provision or referral of nursing personnel, Home Health Aides or Personal Care Aides.

 

Complaint - a report, by whatever means, made to a nurse staffing agency, that alleges a problem related to the operation of a nurse staffing agency or to the services provided by the agency's employees.

 

Department - the District of Columbia Department of Health.

 

District of Columbia operations headquarters - the nurse staffing agency's office from which the agency conducts its business for the provision of nursing services within the District of Columbia.

 

Health aide - a Home Health Aide or Personal Care Aide, qualified and authorized to perform home health aide services or personal care services in accordance with Title 29 of the District of Columbia Municipal Regulations, Chapters 50 and 51.

 

Health care facility or agency - any entity providing health care services that is defined or designated as a health care facility or agency pursuant to the Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, D.C. Law 5-48, D.C. Official Code § 44-501 et seq. This includes, but is not limited to, hospitals, nursing homes, hospices, community residence facilities, maternity centers, ambulatory surgical facilities, renal dialysis facilities, and home care agencies.

 

Health Occupations Revision Act or HORA - the District of Columbia Health Occupations Revision Act, D.C. Law 6-99, D.C. Official Code § 3-1201.01 et seq.

 

Incident - an occurrence related to the operation of a nurse staffing agency or to the services provided by the agency's employees that results in injury, illness, harm, or the potential for significant harm to any patient or client receiving services from the agency. "Incident" includes, but may not be limited to: death; physical, sexual, or verbal abuse; mistreatment; exploitation; neglect; physical injury; improper use of restraints; medication error; illness resulting from mistreatment or neglect, whether intentional or unintentional; theft of a patient or client's personal property or funds; and any other occurrence requiring the services of a law enforcement agency or of emergency personnel.

 

Licensee - a nurse staffing agency operating under the authority of a license that has not been denied, suspended or revoked.

 

Nurse Aide Abuse Registry - a listing of Certified Nurse Aides who have been found to have abused, neglected, or misappropriated funds of one or more patients, pursuant to Title 29 of the D.C. Municipal Regulations, Chapter 32.

 

Nurse staffing agency - any person, firm, corporation, partnership, or other business entity engaged in the business of providing or referring nursing personnel to a health care facility or agency, or to an individual, for the purpose of rendering temporary nursing services within the District of Columbia, and as further defined in the Nurse Staffing Agency Act of 2003, effective March 10, 2004, D.C. Law 15-74, D.C. Official Code § 44-1051.01 et seq.

 

Nursing personnel - any individual who is licensed by the District of Columbia Board of Nursing as a Licensed Practical Nurse or as a Registered Nurse, or any individual who is certified as a Certified Nurse Aide in accordance with Title 29 of the District of Columbia Municipal Regulations, Chapter 32.

 

Patient - any individual who receives nursing services from one or more staff members or employees of a nurse staffing agency.

 

Responsible party - the employee or other affiliate of a nurse staffing agency who directs the nurse staffing agency's day-to-day nurse staffing operation.

 

Washington Metropolitan Statistical Area - an area composed of the District of Columbia and portions of the surrounding states, also known as the Washington DC-VA-MD-WV Metropolitan Statistical Area, and so designated by the Executive Office of the President of the United States, Office of Management and Budget, as a core area containing a substantial population nucleus, together with adjacent communities having a high degree of social and economic integration with that core.

 

source

Final Rulemaking published at 51 DCR 10633 (November 19, 2004).