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Medspa Legal & Legislation > Working as an independent contractor

Are there any nurses who work as an independent contractor for a medspa or physicians providing treatments and selling products?

04.3 | Unregistered Commentervicky

I cannot tell if there is more to your question than whether these people exist. I am a lawyer, but I cannot really provide any legal advice in this format. But, here are my impressions.

Answering your first question, yes, there are nurses who work as independent contractors for MedSpas. However, just because a nurse calls herself an independent contractor does not mean she is relieved of any requirements regarding proper supervision when administering drugs or performing medical services. She is still restricted by her license. Also, even though a services agreement states that a nurse is an independent contractor, she may still be considered an employee, depending on her level of independence and various other issues.

Physicians do provide treatments and sell products, both in MedSpas and as a supplementary source of income in their own practices. Physicians can also delegate and supervise certain medical tasks, without actually performing those tasks themselves. Laws and regulations regarding both of these questions vary significantly by state.

Let me know if there was any more to your question.

There are RNs that work under a doctor but technically work for them self that can perform injections at med spas and the med spa makes a commission. However the RN provides the product.

04.26 | Unregistered Commenterdevan

Vicky,

There are definitely nurses working as independent contractors for medical spas, dealers, and even manufacturers. Some dealers have nurses they contract out to medspas, clinics, surgical centers, etc. with the equipment being rented as well. This is more common among manufacturers. You can also be a distributor for a manufacturer, and offer contract services as well as provide demonstrations of your device. It's not as complicated as others have implied, and of course, awareness of local laws and regulations is common sense.

I, too, work as an independent contractor and am paid a percentage. The clinic supplies the product.

I pay for all the product and take care of the scheduling and payment collections. The doctor wants 50% of my profits from my retail sales and services. I have agreed to 50% of service, but not products. Although I'm not paying rent, I find this very steep.

05.17 | Unregistered Commentervst

I have a 50/50 "partnership" with MD partner medical director and work from protocols that we created so I can inject, independently, outside of his office where i have trained for two years (without pay). I do not get hourly or benefits only the net profit after the drug cost (Plus his soft costs, admittedly, added in, i.e. $50 per botox patient on top of the 6$ per unit "cost". I also pay a "marketing fee" of 10% to salons who send me thier clients when Im there a designated day of each week...and now a 5% fee to the person I chose to help manage the money that we run through his practice and deliver to him (10,000$/month) and at the end the "net" is split between us and I get it in an envelope that really equals about 15% of the gross. The way he sees it, I can not get a better cost on the drugs nor will our relationship ever be anything but "50/50", so as he sees it, "You have to charge more." In fairness to clients, my Operations person, I hired, has fought for the oversharging by him on costs of drugs to me and has negotitaied a $50 injector fee for each pt I inject (one per visit--not on each product). But this is the first thing to go when I honor a $50 referral price break or on a touch up--if I dont meet his bottom /or top line, I dont get injecter fee. Ive argues this until Ive given up but it keeps resurfacing when the envelope comes and it doesnt cover my babysitting. Can I get an objecytive, experienced impression?

05.18 | Unregistered Commentercaroline

I agree with the STEEP. I work in a doc's office. I have a beautiful room, access to his phones, credit card processing, office staff and machines. We share my profits. He helps me pay for product. I consider myself very lucky. I think you should look around for another doc.

05.21 | Unregistered CommenterRob P

State laws dictate what you can do as an independent contractor. As a true 1099, there are rules to follow that are strict. Ask your consultant or health care attorney for advice. If its your own practice part time that could work best! Let me know if you need more help!

07.2 | Unregistered CommenterWhitman

I'm not a 1099 employee. I provide treatments in her office and under her license and split profits with her. I am trying to figure out what a fair split is. Its seems 50/50 of all retail is a bit steep to say the least. I provide all the products.

07.5 | Unregistered Commentervst

This string brings a lot of issues to the forefront. For instance, fee splitting is illegal in California. Also, in California a nursing contractor would have to have to be licensed Nurse Practitioner if they're doing the prior exam on the patient instead of the physician. The NP would have to have their own complete liability insurance package that they bring as a contractor in order to be in compliance with California Labor Board and Federal IRS guidelines. And what does the NP get out of all of the physician's attempts to avoid the employee costs? It better be worth it when factoring in their education, experience, license, insurance and business compliance costs, etc. I could go on but you get an idea of the issues involved with this subject.

07.30 | Unregistered CommenterC. Bahr

Each patient makes an appt with the MD first and pays for that appt separately, after the MD sees them the patients comes to me for a consultation and treatment and product purchase. Rather than paying monthly rent, I pay the MD a percentage of the my charges. I also carry my own liability insurance. The office belongs to the MD, I use her treatment room on the day I'm there. I think the arrangement follows California law.

09.26 | Unregistered Commentervst

Hmm, maybe. I'd check with a lawyer that specializes in nursing and nurse practitioners about the "rental" arrangement you have with the practice(s). You might have a legal rental situation but I'd make sure it will pass the Nursing Board compliance issues. Call the Nursing Board and if they approve the structure, great. Let us know so we can all learn more about this kind of situation.

10.11 | Unregistered CommenterC. Bahr

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