As used in this chapter, unless the context otherwise requires:

1. 1. “Department” means the department of inspections and appeals.
2. 2. “Direct services” means services provided to consumers through person-to-person contact. “Direct services” excludes services performed by persons in a health care entity setting that do not involve the provision of any service or treatment to a consumer of a health care entity. “Direct services” does not include the practice of medicine and surgery or osteopathic medicine and surgery by an individual licensed under chapter 148 or the practice of nursing by an advanced registered nurse practitioner or an advanced practice registered nurse licensed under chapter 152 or 152E.
3. 3. “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, temporary-to-hire, direct hire, or other contract or employee placements.
4. 4. “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 direct services or nursing services to health care entity consumers.
5. 5. “Health care entity” means a licensed or certified facility, organization, or agency operated to provide services and supports to meet the health or personal care needs of consumers.
6. 6. “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.
7. 7. “Nursing services” means those services which may be provided only by or under the supervision of a nurse. “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.

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, subsection 3, that was entered into or executed on or after January 1, 2019; 2022 Acts, ch 1153, §49 NEW section

2022 Acts, ch 1069, §1; 2022 Acts, ch 1153, §49