Temporary HealthCare Staffing Registry

"Temporary healthcare staffing agency" or "agency":

(A) Means a person, or other business entity:

(i) Engaged in whole or in part in the business of
providing or procuring temporary employment in healthcare
facilities for direct care staff; or

(ii) That operates a digital website or digital smartphone
application that facilitates the provision of the engagement of
direct care staff and accepts requests from healthcare facilities
for direct care staff through its digital website or digital
smartphone application; and

(B) Does not include:

(i) 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; or

(ii) An agency operated by a hospital, assisted-care
living facility, or nursing home as those terms are defined by§
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.

68-11-2204. Requirement for registration.

(a) A temporary healthcare staffing agency shall not be operated, maintained,
or advertised in this state without registering with the commission. Each separate
location of a temporary healthcare staffing agency shall register and obtain a
separate registration.

(b) Each application to operate a temporary healthcare staffing agency must
be made on forms adopted by the commission. The commission shall promulgate
rules in accordance with the Uniform Administrative Procedures Act, compiled in title
4, chapter 5, to establish the application process -for temporary healthcare staffing
agency registration. The application must include:

(1) The names and addresses of any controlling person;

(2) 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;

(3) The names and addresses of the person or persons under whose
management· or supervision the temporary healthcare staffing agency will. be
operated; · ·

(4) Satisfactory proof that the temporary healthcare staffing agency will
maintain compliance with this part;

(5) A policy and procedure that describes how the temporary
healthcare staffing agency's records will be immediately available to the
commission upon request; and

(6) Any other relevant information the comm1ss1on determines is
necessary to properly evaluate an application for registration

(c) The commission may establish a registration fee in an amount sufficient to
fund the projected costs of administering registration of temporary healthcare staffing
agencies, but in no case may such fee exceed five thousand dollars ($5,000).

( d) The commission shall deny an application for temporary healthcare staffing
agency registration for failure to provide the _information required by this section.

(e) 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 with this section. 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.

Change of Information Form Link

68-11-2205. Reports.

(a) A temporary healthcare staffing agency shall submit biannual reports to the
commission.

(b) . The commission shall promulgate rules in accordance With the Uniform
Administrative Procedures Act, compiled in title 4, chapter 5, to establish
requirements for temporary healthcare staffing agencies to submit biannual reports.

DISCLAIMER

The First list below is a complete list of all temporary staffing agencies that provided the requisite notice of operation prior to the 12/31/2023 deadline. The second list is a complete list of the temporary staffing agencies whose applications have been processed and pre-approved for registration. Because the actual registration date will be July 1, 2024, these agencies will currently be listed as pre-approved agencies. On July 1, 2024 this list of pre-approved list will be converted into a list of registered agencies. Shortly after July 1, 2024 certificates of registration will be provided to the registered agencies. The pre-approval list will be updated as applications are received and processed. This will generally occur weekly up through the July 1, 2024 deadline. The application for registration is available on our website, Temporary HealthCare Staffing Registry (tn.gov). No associated registration number will be provided until after July 1, 2024. For further guidance please refer to the Tennessee Public Chapter No. 432 and the Emergency Rules. Tennessee Secretary of State: Division of Publications: Announcements (tnsos.org), Standard for Temporary Healthcare Staffing Agencies, Rule no. 0720-46.

Notice of Operation for Temporary Staffing Registry  (As of 1/9/2024)

Approved Pre-Registered Agencies  (As of 4/8/2024)

1. Our agency provides temporary Direct Care Staff into Health Care Facilities. Do we need to register?

Answer- Yes, if the facilities are Nursing homes and/ or Assisted-care Living Facilities as these terms are defined by T.C.A. 68-11-201.

2. Our agency filled out an online form before December 31, 2023, are we registered.

Answer- No, that form was for the required notice of operation not actual registration. The application for registration will be available on our website soon.

3. Our agency did not submit the notice of operation, what do we do now?

Answer- Register as normal, but you will not be listed on the current public facing list of those that complied with the requirement.

4. Our agency sent in a fee schedule payment when we submitted our notice of operation, how is that dealt with on the application?

Answer- If you have already paid your non-refundable fee schedule payment, it will be credited to you for the 2024 fiscal year. You will still need to send in the $180.00 Application fee.

5. Our agency has filled out the new application for registration, now what?

Answer- We will be reviewing these applications in depth to determine that all requirements are met. Once this has occurred and the agency has initial approval, your agency will be placed on a public facing list signifying that you are in the process of compliance.

6. Our agency has been placed on the list signifying we are in the process of compliance, why are we not listed as registered?

Answer- The agencies that comply with the law and have provided all of the necessary information and payments for registration will be considered as registered as of July 1, 2024. Soon after that date Certificates of registration will be provided.

7. Is registration a one time requirement?

Answer- No, it is an annual requirement. 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.

8. What happens if we do not register?

Answer- No person, partnership, association, corporation, or state, county or local government unit, or any division, department, board, or agency thereof, shall establish, conduct, operate, or maintain in the State of Tennessee any temporary healthcare staffing agency, or providing or procuring temporary employment in healthcare facilities for direct care staff without first registering with the Commission.

9. How do we request a change of information should it be necessary?

Answer:  Go to the following link:  State of Tennessee (formstack.com) and fill this form out completely.  If we need additional information, we will send an email explaining it.  After we have made a determination, you will receive an email either approving the change request or denying it.  If we must deny the request, additional information on next steps will be included in the letter attached to the determination email.

10. If we have a question that is not addressed here, who should we contact?

Answer- Please feel free to contact the Director of the Temporary Staffing Registry with any additional questions or clarifications and he will do his best to answer them. His email is scott.faragher@tn.gov and his work cell is 615.626.3803.