The topic of nurses and advanced practice nurses (NPs, CNMs, CRNAs) functioning as independent contractors (ICs) has been a gray area for years. In fact, some legal professionals argue that we cannot be ICs. And when you read the IRS rules, you’ll see why the distinction is anything but apparent.
Over the past few years, several states have enacted ABC rules for independent contracting; at last count, 17 states, though there may be more.
For specific details about your state, check (and recheck) your state’s labor/employment department.
Many of you may be aware that California has enacted some of the most restrictive laws affecting RNs, NPs, CRNA, and CNMs. The question is, what can you do now, and how do you prepare to defend your right to work as an IC in other states?
Join me for a discussion with Melanie Balestra, NP, JD, counsel for the California Nurse Practitioner Association (CANP).
You can reach Melanie at http://www.balestrahealthlaw.com/, or email balestrahealthlaw@gmail.com
Resources:
- California Nurse Practitioner Association
- The American Association of Nurse Attorneys
- IRS Definition of Independent Contractors
We’d love to hear from you, let us know what you think! Join the conversation by leaving a comment or question below…
This video was very informative. Thank you for bringing this information forward!
You are quite welcome Claudette! Thanks for watching and leaving a comment!
I am a DNP working in the state of Pennsylvania which does not have independent practice. I was hired by a trucking company as an independent contractor to do their CDL physicals for the truckers. Can I do this without a physician collaborator? I am reporting the money I make as income and I am paying taxes on the money. The trucking company is not a medical facility.
This video was excellent information which I was totally unaware. Why are our nursing organizations speaking more loudly regarding this so we can unite to fight this?
If you are functioning as an NP, and your state requires you to have physician collaboration, then yes you do. It has nothing to do with the money your make or the taxes you pay. If there are things you can do without collaboration, you may want to carefully look at your state SOP and run it by your BON.
While our organizations can and should be involved on rules that impact us, the IC rules were federal to begin with. States have now clarified and made them more stringent. These laws are about far more than just nursing, though it affects us to be sure.
Thank you for this Barbara.
Stay safe..
I look forward to working with you soon.
Best,
Patrick
Thank you! I look forward to working with you again!