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Health Law Attorney in New York and New Jersey Representing Independent Nurse Practitioners and Nurse Practitioner Practices

Nurse practitioners are among the few non-physician practitioners authorized to practice and provide medical care with a great deal of independence. In many states, nurse practitioners may own and operate an independent nurse practitioner practice that provides services within the scope of the nurse practitioner's licensure and certification.

If you are a nurse practitioner looking to establish an independent nurse practitioner practice, it is important to review and evaluate the following key considerations before organizing the proposed independent practice:

(a) Physician Collaboration. Many states require that the independent nurse practitioner work in collaboration with a "supervising" physician and often have consultation, referral and/or review requirements that must be observed in the course of practice;

In the State of New York an independent nurse practitioner is required to establish a "collaboration agreement" with a supervising physician prior to beginning the independent practice and outline both the supervising physician and nurse practitioner's obligations and requirements under the collaboration arrangement.

(b) Protocol Text. Many states further require that the independent nurse practitioner identify and adhere to a "protocol text" that specifically reflects the nurse practitioner's practice area and provides provisions for, among other things case, case management, diagnosis and treatment of pathology.

(c) Establishment of a Professional Organization. Unlike other forms of business, most states require that licensed professionals apply for and establish a professional corporation or other professional organization that, in many cases, require review and/or certification by the state's department of education, the department of state or a similar organization.

(d) Partnership Agreement. If you are considering partnering with another nurse practitioner - or, in certain circumstances, another licensed individual - it is imperative that the terms, obligations and conditions of the partnership be outlined in a "professional partnership agreement" wherein, among other things, terms concerning the practitioner-partners distributions, management, service obligations and requirements, separation and partnership dissolution are clearly outlined and addressed.

(e) Lease of Practice Location. If you will be leasing the practice's location, issues concerning personal liability, guarantees, indemnification, the practice's layout and structure, and default provisions will likely be raised. Moreover, these issues become greatly elevated when the independent practice involves a partnership.

(f) Compliance Programs. Every health care practice - including independent nurse practitioner practices - is subject to a multitude of federal and state specific statutes and regulations that govern and regulate the practice of medicine. Implementing a comprehensive compliance program that is tailored to the independent nurse practitioner practice's specific needs is critical to ensuring compliance with governing statues and regulations and effectuating the independent practice's due diligence.

For additional information regarding establishing an independent nurse practitioner practice in New York or New Jersey contact Ilana Sable at 1-800-976-4904.



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IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Ilana Sable, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. Further you acknowledge that any and all citations to cases and statutes must be independently verified by competent legal counsel to be current and to be accurate. The content of this website is subject to the Copyright of its author and owner.

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