Tinker Medical Services – Terms & Conditions

1. Acceptance of Terms applies to: Healthcare facilities, agencies, and organizations (“Clients”), CNAs, LPNs, RNs, and applicants (“Staff”), Website visitors.

2. Scope of Services. Agency provides temporary, per diem, contract, and/or direct placement staffing and Staff categories include: Certified Nursing Assistants (CNAs), Licensed Practical Nurses (LPNs), Registered Nurses (RNs), Agency does not provide medical care and does not practice nursing. 

3. Professional Scope & Clinical Responsibility: All staff must practice within the scope permitted by Massachusetts law. Clinical supervision is provided by the Client facility, not the agency. Agency is not responsible for: Clinical decision-making, Patient treatment plans, Direct supervision during assignments. 

4. Licensure, Certification & Credentialing. Agency performs reasonable verification of: CNA certification, LPN/RN licensure, BLS/CPR (as applicable). Staff are solely responsible for: Maintaining active, unrestricted licenses, Timely renewal, Reporting discipline, restrictions, or investigations.

5. Employment Classification. Staff may be classified as: W-2 employees. Nothing on the website guarantees employment status. Employment is at-will where permitted by MA law.

6. Background Checks & Health Requirements. Placement may require: CORI/SORI, Drug screening, TB testing, Immunization verification, Failure to meet requirements may result in removal from consideration. 

7. Job Listings & Placement Disclaimer. Job postings are informational only. No guarantee of: Assignment availability, Hours, Shift continuity, Compensation level, Final acceptance of any assignment is subject to client approval. 

8. Client Facility Responsibilities. Clients agree to: Provide safe working conditions, Ensure compliance with OSHA and DPH standards, Orient staff to: Facility policies, Infection control, Emergency procedures, Supervise staff in accordance with licensure requirements.

9. HIPAA & Confidentiality:Staff must comply with HIPAA and all privacy laws, Agency’s Privacy Policy and HIPAA Notice govern data handling, Unauthorized disclosure of PHI may result in termination and legal action.

10. Payment & Fees: Client billing governed by separate service agreements, Website use alone does not create a financial obligation, No refunds unless stated in writing. 

11. Equal Opportunity & Non-Discrimination. Agency complies with: Massachusetts anti-discrimination laws, Federal EEO requirements, No discrimination based on protected characteristics.

12. Intellectual Property. All website content, logos, branding, and materials are owned by the agency; Unauthorized use prohibited. 

13. Limitation of Liability. Agency not liable for: Clinical outcomes, Patient injuries, Acts or omissions of staff during assignments, Website provided “as is” without warranties.

14. Indemnification. Users agree to indemnify the agency for claims arising from: Misrepresentation of credentials, Scope-of-practice violations, Breach of confidentiality, Violation of laws or regulations. 

15. Termination of Access. Agency may suspend or terminate access for: Fraud Credential issues, Policy violations, Risk to patient safety. 

16. Governing Law. Governed by the laws of the Commonwealth of Massachusetts.Venue exclusively in Massachusetts courts. 

17. Changes to Terms. Agency may modify Terms at any time. Continued use constitutes acceptance.