Tenn. Comp. R. & Regs. 0720-46-.05 - [Effective until 5/5/2024] PROHIBITED ACTIONS AND BUSINESS PRACTICES
A temporary healthcare staffing agency shall not:
(1) Restrict in any manner the employment
opportunities of any direct care staff that is contracted with or employed by
the agency, including, but not limited to, using contract buy-out provisions or
contract non-compete clauses.
(2)
Require the payment of liquidated damages, employment fees, or other
compensation in any contract with direct care staff or a healthcare facility,
if the direct care staff is hired as a permanent employee of the healthcare
facility.
(3) Solicit or recruit
the current staff of a healthcare facility, or require, as a condition of
employment, assignment, or referral, that the agency direct care staff recruit
new employees for the agency from among the current employees of the healthcare
facility to which the agency direct care staff are employed, assigned, or
referred.
(4) Any of the provisions
of a contract between a temporary healthcare staffing agency and either direct
care staff or a healthcare facility that violate T.C.A. §
68-11-2203 are void and
unenforceable in a court of law.
(5) Any agency that repeatedly violates the
provisions of this rule or that contracts repeatedly in violation of T.C.A.
§
68-11-2203 may be subject to
disciplinary action up to and including revocation of registration.
Notes
Authority: T.C.A. §§ 68-11-2203 and 68-11-2206.
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