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Private Caregiving as an RN

Nurses   (3,653 Views 6 Comments)
by rlanz rlanz (New Member) New Member

628 Visitors; 2 Posts

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I have a question about the legality of working as a private caregiver if one is also a Registered Nurse. My job situation is changing and I have been approached by a private individual to do private duty caregiving on my own (not through an employer). I am not clear on legal issues I would need to be careful of to protect my license. Could I help someone to take their own meds? Do simple wound care? Does anyone know of a website with information on this topic?

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3 Followers; 95,982 Visitors; 36,558 Posts

This is called private duty nursing. You draw up a written contract between you and the client and insure you are carrying malpractice insurance. Other than that, anything goes as it is agreed upon between you and the client. You need to consult with the IRS about taxes because you will be an independent contractor, unless the client and you decide to treat you as an employee where the client takes out your taxes and such and sends them in for you. I had a private duty case one time where the client had the CPA do this for the nurses and we didn't have to worry about it. We got a W-2 just like with regular employers.

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CaseManager1947 has 39 years experience and specializes in Psychiatry, Case Management, also OR/OB.

4,347 Visitors; 245 Posts

You would be getting your orders to do these things from whom?? Family physician?? Hospitalist discharging the patient. Were you planning to bill?? Or do this pro bono. You can't bill insurance or medicare unless you have an NPI Number you are operating under (as a home health agency would do) or if you are a Mid-Level Practitioner. Even so, ARNP's still have to (in Kansas at least) operate under protocols of an MD. So I don't know if that answered your question or not???

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4,965 Visitors; 630 Posts

I would suggest check with you BON to make sure you comply with the state as far as private duty, then consult a lawyer to draw up a contract and like the post above..make sure you have malpractice insurance.

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Neveranurseagain has 26 years experience and specializes in none.

13,711 Visitors; 866 Posts

I occasionally do private duty nursing. I don't bill anyone but the client for my services and pay my fair share of taxes. I make sure there is a current list of meds as prescribed by the MD at the house, and call the MD after every visit to check for changes, esp if written instructions were not sent home. Just remember it is JUST like the hospital--you can't give an enema or wound care without some sort of instruction from an MD. I keep a daily log of what I did and how the pt responded, and review it with the family and have them sign it after review. Wt's, BP's, MD calls, exercise, activities etc go in there too.

No, you don't need an attorney to fill out a contract--that would cost you hundreds of dollars. Check out these forums too on allnurses: https://allnurses.com/private-duty-nursing/

https://allnurses.com/entrepreneurs-in-nursing/

https://allnurses.com/home-health-nursing/

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628 Visitors; 2 Posts

Thank you guys, that is exactly the kind of input I need. The agency I am working for is probably going to be closed quickly, and I need to make some decisions.

Does anyone know of a sample contract form that I could review, or have one they would be willing to share?

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