Deck 27: The Advanced Practice Nurse As Employee or Independent Contractor: Legal and Contractual Considerations

Question 1

What professional liability should the advanced practice nurse (APN) consider as an employee?

A) Taxes are not withheld and will need to be paid in full by the APN.
B) The employer is ultimately responsible for the actions of the APN.
C) The APN is responsible for filing a W-2 with the government.
D) The employer must have the APN fill out a 1099-MISC.

Answer 1

The employer is ultimately responsible for the actions of the APN.

Question 2

What should the advanced practice nurse (APN) consider as an independent contractor?

A) The APN can qualify for paid time off.
B) The APN can request a pension at the time of employment.
C) The APN can sign up for health insurance 1 month after employment begins.
D) The APN can deduct any amount of business expenses.

Answer 2

The APN can deduct any amount of business expenses.

Question 3

The advanced practice nurse (APN) is listening to a lecture on independent contracting versus being an employee. Which statement indicates that learning has occurred?

A) "If the APN has significant fixed unreimbursed business expenses, the APN is an independent contractor."
B) "If the APN has his or her own set of practices and protocols in place, the APN is an employee."
C) "If the APN is instructed on how to perform job duties and provides supplies, the APN is an independent contractor."
D) "If the APN advertises for services, the APN is an employee."

Answer 3

"If the APN has significant fixed unreimbursed business expenses, the APN is an independent contractor."

Question 4

The advanced practice nurse (APN) is listening to a lecture on the public policy exception. Which statement indicates that learning has been effective?

A) "The public policy exception means that employees will be treated fairly."
B) "The public policy exception means that employees can pursue a wrongful termination claim against an employer."
C) "The public policy exception means that an employee can expect equal pay."
D) "The public policy exception means that an employee has the right to health insurance."

Question 5

The advanced practice nurse (APN) is working as an independent contractor. After being injured on the job, which action is not an option for the APN?

A) Obtain emergency medical care at the local hospital.
B) Initiate paperwork for workers' compensation.
C) Work shorter hours during the week.
D) Begin outpatient physical therapy.

Question 6

The nurse manager is hiring an advanced practice nurse (APN) on contract to work for a large hospital. Which action should the nurse manager take?

A) Understand basic contract law.
B) Request the APN to work directly with the hospital's attorneys.
C) Discuss the company's policy on Family and Medical Leave Act (FMLA) usage.
D) Ask the hospital director to brief the APN on job expectations.

Question 7

The nurse is researching the different types of contracts and the implications of each. Which should the nurse expect in an implied contract?

A) A contract derived from the conduct of the parties
B) Sets of promises expressed in writing
C) A contract to provide equitable relief
D) A contract that would not be enforced in court

Question 8

What action does the advanced practice nurse (APN) expect during contract negotiations when mutual assent has been reached?

A) Declination of an offer with no counteroffer
B) Making a counteroffer and discussing consideration
C) Accepting an offer and discussing consideration
D) Revising the contract to meet specific needs

Question 9

The advanced practice nurse (APN) has recently discovered a conflict of interest with a health-care entity. Which action should the APN take?

A) Report the conflict of interest to the other party.
B) Work through the conflict of interest as fairly as possible.
C) Work with an attorney to neutralize the conflict.
D) Seek another party to obtain a contract with.

Question 10

The advanced practice nurse (APN) is signing a contract with an indemnification clause. Based on this, which action should the APN take?

A) Obtain malpractice insurance.
B) Request a clause seeking bonuses.
C) Plan to work varied shifts.
D) See clients regardless of their ability to pay.