135Q.1  Definitions.
  As used in this chapter, unless the context otherwise requires:
  1.  “Department” means the department of inspections, appeals, and licensing.
  2.  “Health care employment agency” or “agency” means an agency that contracts with a health care entity in this state to provide agency workers for temporary or temporary-to-hire employee placements.
  3.  “Health care employment agency worker” or “agency worker” means an individual who contracts with or is employed by a health care employment agency to provide nursing services to health care entity consumers.
  4.  “Health care entity” means a facility, agency, or program licensed or certified by the department or by the centers for Medicare and Medicaid services of the United States department of health and human services. 
  5.  “Managing entity” means a business entity, owner, ownership group, chief executive officer, program administrator, director, or other decision maker whose responsibilities include directing the management or policies of a health care employment agency. “Managing entity” includes an individual who, directly or indirectly, holds a beneficial interest in a corporation, partnership, or other business entity that constitutes a managing entity.
  6.  “Nursing services” means those services which may be provided only by or under the supervision of a nurse. “Nursing services” includes services performed by a registered nurse, a licensed practical nurse, a certified nurse aide, a certified medication aide, a home health aide, a medication manager, or by noncertified or nonlicensed staff providing personal care as defined in section 231C.2.  “Nursing services” does not include the practice of nursing by an advanced registered nurse practitioner or an advanced practice registered nurse licensed under chapter 152 or 152E.
2022 Acts, ch 1069, §1; 2022 Acts, ch 1153, §49; 2023 Acts, ch 19, §1905; 2023 Acts, ch 131, §1, 3
Section applies retroactively to any contract between a health care employment agency and an agency worker or health care entity referred to under section 135Q.2 that was entered into or executed on or after January 1, 2019; 
2022 Acts, ch 1153, §49
; 2023 Acts, ch 131, §3
See Code editor’s note on simple harmonization at the beginning of this Code volume
Section amended