Section 690.20  Definitions

In addition to those definitions found in Section 3 of the Act, the following definitions shall apply for the purposes of this Part:

"Act" means the Nurse Agency Licensing Act [225 ILCS 510].

"Applicant" means any nurse or certified nurse aide who interviews for employment, assignment, or referral to an Illinois health care facility by a nurse agency.

"Certified nurse aide" means an individual certified as defined in Section 3-206 of the Nursing Home Care Act [210 ILCS 45], Section 3-206 of the ID/DD Community Care Act [210 ILCS 47], or Section 3-206 of the MC/DD Act [210 ILCS 46].

"Covenant not to compete" means an agreement between a nurse agency and an employee that restricts the employee from performing the following:

any work for another employer for a specified period of time;

any work in a specified geographic area; or

any work for another employer that is similar to the work the employee performs for the employer that is a party to the agreement. 

"Department" means the Illinois Department of Labor.

"Director" means the Director of the Illinois Department of Labor or the Director's designated representative.

"Employee" means a nurse or certified nurse aide.

"Health care facility" is defined as in Section 3 of the Illinois Health Facilities Planning Act [20 ILCS 3960]. "Health care facility" also includes any facility licensed, certified, or approved by any State agency and subject to regulation under the Assisted Living and Shared Housing Act [210 ILCS 9] or the Illinois Public Aid Code [305 ILCS 5].

"Long-term basis" means the placement of a nurse or a certified nurse aide at a health care facility for an initial employment, assignment, or referral term of more than 24 continuous months by a nurse agency that incurs significant financial investment, to place the nurse or certified nurse aide at the health care facility, including one or more of the following expenses:

educational material expenses, if required;

expenses for credentialing, licensure, or certification; or

expenses for airline travel, lodging, meals, and ground transportation provided to a nurse or certified nurse aide.

"Long-term basis" does not include the placement of a nurse or a certified nurse aide at a health care facility for an initial employment, assignment, or referral term of an undefined duration.

"Manage" means to be in charge of the day-to-day operations of the nurse agency.

"Material amendment" means an amendment to any provision of a contract that is regulated or addressed by the Act or this Part, but does not include day-to-day changes in wage rates or bill rates relating to such changes.

"Nurse" means a registered nurse, a licensed practical nurse, an advanced practice registered nurse, or any individual licensed under the Nurse Practice Act [225 ILCS 65] and performing work pursuant to the Nurse Practice Act.

"Nurse agency" or "nurse staffing agency" means any individual, firm, corporation, partnership, other legal entity, or nurse registry, that employs, assigns, or refers nurses or certified nurse aides to a health care facility for a fee; or an entity that provides nurse or certified nurse aide staffing services.  The presence or absence of any single activity by an entity is not dispositive in the Department's analysis of whether the entity is a nurse agency under the Act and this Part. The term "nurse agency" does not include services provided by:

home health agencies licensed and operated under the Home Health, Home Services, and Home Nursing Agency Licensing Act [210 ILCS 55];

licensed or certified individuals who provide their own services as an employee of a health care facility;

a health care facility's coordination of non-salaried employees only in that health care facility; or

an entity or corporation that provides ancillary administrative support services for nurse agencies or nurse staffing agencies, such as payroll processing or contract negotiation, but which does not employ, assign, or refer nurses or certified nurse aides.

"Shift" means a period of consecutive hours during which a nurse or certified nurse aide performs work at a health care facility.

"Supervising nurse" means a registered nurse who is responsible for overseeing the assignment of nurses and certified nurse aides to a health care facility.

"Temporary basis" means an initial employment, assignment, or referral term of an undefined duration or a duration of 24 continuous months or less, exclusive of any extension.

"Transfer of ownership" means a sale or transfer of a majority interest in the ownership of a nurse agency.

(Source:  Amended at 49 Ill. Reg. 6180, effective April 25, 2025)