Texas Nurse Practitioner Contract Drafting Attorney: Legal assistance for Nursing Agreements

Chelle Law provides Nurse Practitioner Contract Attorney services for providers needing to draft an employment contract for a nurse practitioner that is either a new hire or amending an exist employment contract. A well written and extensively drafted employment contract creates a productive work culture and can improve patient care. Chelle Law can tailor your contract to communicate the expectations of a Nurse Partitions’ duties and roles, compensation, duration, and benefits. By having a full and complete contract drafted by our attorney, you will be in a better position to avoid future litigation or any laps in liability.

What to Expect From our Nursing Attorney?

Each employer that requests a nurse practitioner employment contract draft receives:

• Available for review in Arizona, Indiana and Texas
• Flat-rate pricing, with no hidden financial costs for the drafting of the NP contract
• Phone consultation with our attorney, prior to drafting the contract discussing terms, objectives, and needs of the employer  
• Follow up with a review of any needed clarifications or amendments for the contract

Contracts are a pervasive and obligatory part of nearly all business and legal transactions. Well-drafted contracts in TX help to enumerate the responsibilities of the involved parties, divide liabilities, protect legal rights, and formally writing the future relationship status. While contract drafting and negotiation can be a long and arduous process, proper drafting is a must to ensure that the employer rights are being protected.

Texas Nurse Practitioner Agreement Terms

Whether you are a solo practitioner, small physician owned practice, or midsize practice creating a nurse practitioner employment contract without legal assistance can leave gaps in liability and confusion for all parties involved. For instance, is it AANP compatible, lawyer litigation responsibilities, health law terms, healthcare malpractice protection, management structure, etc.There are many unique aspects to a NP employment Contract:

• AANP Compatible
• Bonus Pay
• Continuing education amounts
• Schedule flexibility
• Reimbursement

Nurse Practitioner Practice Agreement Checklist

Every Texas nurse practitioner employment contract is unique.  However, nearly every nurse practitioner contract for health care professionals should contain several essential terms.  If these essential terms are not spelled out in the employment contract, disputes can arise when there is a disagreement between the employer and employee as to the details of the specific term.  For instance, if the NP is expecting to work at the practice Monday through Thursday and the employer is expecting the provider to work Monday through Friday, but the specific workdays are absent from the contract; who prevails?  Spelling out the details of your job is crucial to avoid conflicts during the term of your employment.  Below is a checklist of essential terms that employment contracts should contain (and a brief explanation of each term):

• Services Offered: What are the nurse practitioner’s patient care duties? Are employers giving time for administrative or health care planning tasks?
• Patient Care Schedule: What days and hours per week are providers expected to provide care?
• Locations: Which facilities will you be scheduled to provide care at (outpatient clinic, surgical sites, in-patient services, etc.)?
• Outside Activities: Is the employee permitted to pursue moonlighting or locum tenens opportunities? Does the employer need to grant permission before acceptance of those positions?
• Nurse Practitioner Oversight: If nurse practitioner oversight is needed due to state law; which nurse practitioners will be supervising?
• Call Schedule: How often is the nurse practitioner on call (after hours office call, hospital call (if applicable)?
• Electronic Medical Records (EMR): What EMR system is used? Will the employer provide training prior start of patient care?
• Base Compensation: What is the annual base salary? What is the pay period frequency?  Does the base compensation increase over the term of the Agreement?
• Productivity Compensation: If there is productivity compensation; how is it calculated (wRVU, net collections, encounters, etc.)?
• Benefits Summary: Are standard benefits offered: healthcare, vision, dental, life, disability, retirement, etc.?
• Paid Time Off: How much time off is offered? What is the split between vacation, sick days, CME attendance and holidays?
• Continuing Medical Education (CME): What is the annual allowance for CME expenses and how much time off is offered?
• Dues and Fees: Which business expenses are covered in the contract (licensing, DEA registration, privileging)?
• Relocation Assistance: Is relocation assistance offered? What are the repayment obligations if the Agreement is terminated prior to the expiration of the initial term?
• Sign On Bonus: Is a sign on bonus offered? When is it paid?
• Professional Liability Insurance: What type of professional liability insurance is offered: claims made, occurrence, self-insurance?
• Tail Insurance: If tail insurance is necessary, who is responsible to pay for it when the Agreement is terminated?
• Term: What is the length of the initial term? Does the Agreement automatically renew after the initial term or do they need to sign a new document?
• For Cause Termination: What are the grounds for immediate termination for cause in the Agreement for providers?
• Without Cause Termination: How much notice is required for either party to terminate the Agreement without case?
• Post Termination Payment Obligations: Will employee receive production bonuses after the Agreement is terminated?
• Non-Compete: How long does the non-compete last and what is the prohibited geographic scope?
• Non-Solicitation: How long does it last and does it cover employees, patients, and business associates?
• Notice: How is notice given in the contract? Contact via email, US mail, etc.? Should  the practice and their lawyer have to be notified?
• Assignment: Can the Agreement be assigned by the employer? Does the employer have power of attorney over the employee?
• Alternative Dispute Resolution: If there is a conflict, will mediation or arbitration process be utilized? Who decides what attorney oversees the process? What litigation is allowed? Who is responsible for attorney’s fees?

How to Protect Employers’ Interest in a Nurse Practitioner Contract

Non-compete agreements were originally considered as restraints of trade, and thus were invalid on the grounds of public policy at common law; however, many restraints of trade incident to employment agreements were upheld based on the rule of reason.  Thus, restrictive covenants not to compete after termination of employment are generally enforceable as long as it is reasonable.  However, there are a few states which prohibit health care provider non-compete agreements.  Please check your state laws for nurse practitioner non-compete agreements to see what the specific rules for your state are.  The general test for reasonableness of a non-competition clause holds that on termination of employment, a covenant which restrains an employee from competing with his former employer is termed reasonable if:

• The restraint is not more than required for protecting the employer,
• It does not inflict any untold of hardships to the employer, and
• The restraint is not injurious to the public.

Reasonableness of NP Non Compete

For instance, in Ohio, a non-competition clause was unreasonable when it was noted that a provider’s sub-specialty was uncommon, and that it would be harsh if the restrictive covenant was enforced as the hospital where he was precluded from practicing was only one of the few institutions in the area where he could practice his specialty. Thus, in Ohio, covenants restraining providers from competing with his employer on termination of employment is considered unreasonable if it inflicts untold of hardship on the nurse practitioner, is injurious to the public, if the demand for the NP’s medical expertise is important for the community people and if the services are important for the health, care and treatment of public.  However, non-competition clauses for nurse practitioners, in general, are enforceable as long as they protect some of the employer’s legitimate interests.

NP Contract Dangers

Nursing Agreements are unique from any other health care employment contract. They have different responsibilities and legal liabilities than a nurse practitioner. However, their contracts are vastly different from a typical employee. It’s a big risk to take contract matters into their own hands. Contract terms have a great impact not only on professional culture but also on patient care. There are many important contract terms and clauses which can present new complex and diverse issues for any NP employer, including:

• Miscommunications leading to difficult work relationships
• Gaps in liability leaving the employer exposed 
• Patient care may suffer
• Not enough vacation time
• An unenforceable non-compete
• Inadequate professional liability coverage

RN Board Lawyer

When your contract is created by an experienced Texas attorney, you will find great financial benefits which end up outweighing the cost of drafting.  If you are in need of assistance with an employment agreement or contract drafted schedule a NP Contract Draft with Chelle Law today!