NURSE TERMS OF ENGAGEMENT
Note: This agreement is required to be accepted by each Contractor (as defined below) prior to accepting Engagements from your Practice.
This Nurse Terms of Engagement (“Terms”), accepted as of [DATE] (“Acceptance Date” which shall be on or prior to the first Booking, as defined below) govern the roles and responsibilities of [NAME], a duly licensed and qualified [Registered Nurse / Licensed Vocational Nurse / Certified Phlebotomist Technician] in [State] (“Contractor”) when engaged by the Physician Practices using the CareSend, Inc. platform who are operating within Contractor’s “Service Area” (i.e., within a reasonable radius of Contractor’s address) (each a “Practice”), except as any such Practice is declined by Contractor.
Practice is an independent medical practice that desires to engage qualified healthcare professionals to perform services within the scope of Contractor’s professional licensure and / or certification for Practice patients to be specified prior to actual Booking for the services with Contractor (the “Services”).
Practice and Contractor are users of the CareSend, Inc. platform (“Platform”) to facilitate the arrangement of such Services.
Contractor hereby accepts and agrees to the following with respect to the Services:
1. Booking. Subject to Contractor’s representations herein, Practice hereby engages Contractor as of the Acceptance Date to provide the Services for Practice patients identified at or prior to bookings of a Service (each a “Booking”) in accordance with Statement of Responsibilities below.
2. Contractor Representations and Warranties. Contractor affirms that all representations and warranties made pursuant to the CareSend Nurse Terms of Service (“Nurse Terms of Service”), accepted and agreed to by Contractor, are and shall remain truthful and accurate.
3. Compensation. Practice shall pay Contractor for the Services provided under a Booking, which shall be administered by CareSend on behalf of Practice, in accordance with the Nurse Terms of Service. No other compensation shall be due to Contractor by Practice.
4. Insurance and Indemnification. Insurance and indemnification shall be provided as set forth under the Nurse Terms of Service.
5. Independent Contractor Status. The parties acknowledge that Contractor is and shall at all times during the Booking be an independent contractor and not an employee of Practice. The parties agree that, although Practice shall provide supervision for Contractor in connection with the Services, Contractor shall exercise Contractor’s independent professional skill and judgment observing the professional standard of care applicable in Contractor’s rendering the Services, consistent with Contractor’s professional licensure. Contractor acknowledges that the Services must be provided under a Booking at the location and during the hours requested by the patient through the Platform.
6. Medical Records. Contractor shall appropriately document the Services provided under the Booking in the patient’s medical record.
7. HIPAA Compliance. Contractor agrees to respect and abide by all federal, state and local laws pertaining to confidentiality with regard to all information and records obtained or reviewed in the course of providing Services under these Terms. Contractor agrees to adhere to policies and procedures adopted by Practice and all federal rules under the Health Insurance Portability and Accountability Act (HIPAA) governing the privacy, security and use of protected health information.
8. Term. A Booking shall automatically terminate upon Contractor’s completion of the Services for the patient. Practice may elect to terminate a Booking (or these Terms) in advance of Contractor rendering Services immediately for any of the following reasons (i) any breach of these Terms by Contractor, including but not limited to, acts of dishonesty, threat of physical harm to others or other conduct threatening the safety of clients; (ii) any of the representations made by Contractor in these Terms are found to be false; or (iii) determination by Practice, in its sole discretion, that Contractor’s actions pose a material threat to Practice’s business reputation, or to the safety of the patient.
9. Confidentiality. Contractor shall keep strictly confidential and shall not disclose, or cause or permit to be disclosed, any information relating to these Terms, any Practice and any current or future Bookings facilitated by the Platform, except as required by law. Contractor shall not represent self as agent of a Practice except in connection with the Booking. Any third party communication received by Contractor relating to any Practice or Booking shall be immediately directed to the Practice.
10. Miscellaneous Provisions. These Terms, incorporating as applicable the Nurse Terms of Service, contains the entire understanding of the parties. All prior or contemporaneous understandings, representations or agreements of the parties, whether oral or written are merged herein and shall be of no further independent significance. These Terms may not be modified, altered or amended except by a subsequent written instrument signed by each of the parties. These Terms shall be governed by and construed by the laws of the State of California and subject exclusively to its jurisdiction. These Terms may be executed in multiple counterparts. The executory provisions of these Terms shall survive the termination of these Terms.
Statement of Responsibilities
During the Booking, Contractor’s responsibilities include, but are not limited to, the following:
1. Maintain an active valid, unrestricted license and / or certificate to practice nursing as a Registered Nurse, licensed vocational nurse or Certified Phlebotomy Technician in the State in which Contractor is looking to provide Services;
2. Comply with all applicable federal, state and local laws, regulations, rules, ordinances and ethical requirements of the nursing profession in providing the Services;
3. Provide the scheduled Services that Contractor has accepted via the Platform to the applicable patient at the service site of such patient’s choosing, under orders issued by Practice’s medical director or other authorized individual and subject in all instances to Contractor’s independent professional medical judgment;
4. Assist in obtaining an appropriate informed consent from the patient;
5. Report any incidents in providing the Services immediately to Practice, including but not limited to: needle-stick injuries, client allergic or other reactions, other client problems and/or disagreements, and/or loss, theft, damage or spoilage of pharmaceuticals or supplies provided by the Practice or otherwise;
6. Perform such other general healthcare and/or educational services as are necessary and appropriate to Contractor’s education and experience in providing the Services;
7. Collect pharmaceuticals, equipment and/or supplies from Practice or provide at Contractor’s cost as specified in a Booking prior to completion of the Services, and provide own transportation to the patient’s service location;
8. Confirm completion of patient Services under a Booking through the Platform on a timely basis;
9. Comply with the Practice’s policies and procedures, as such requirements may be revised from time to time. Contractor, by signing these Terms acknowledges having read and understood the Practice’s policies and procedures pertaining to independent professional staff