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LEGAL PITFALLS

CLASS NAME: PROFESSIONAL ASPECTS OF ADVANCED NURSING PRACTICE
LESSON: Starting a Practice and Management Considerations
DISCUSSION 9.1: Legal Pitfalls

Lesson Introduction
Welcome to the tenth week of Professional Aspects of Advanced Nursing Practice. During this week, you will begin to recognize the steps required to establish an independent practice and identify the critical differences between an APN as an employee versus as an independent contractor. You will read selected content from your textbook, watch a video selected by your instructor, participate in a discussion, and complete an exam.
During this week, we will review liability concerns for an independent contractor. You will identify and explain a covenant not to compete in a private practice. You will also assess possible risks for charges of fraud and abuse in practice.

Learning Outcomes
At the end of this lesson, you will be able to:
• Discuss liability concerns and legal pitfalls that an APN who opens an independent practice may face
Before attempting to complete your learning activities for this week, review the following learning materials:

Learning Materials
Read the following in your Advanced Practice Nursing: Essentials for Role Development textbook:
• Chapter 27, “The Advanced Practice Nurse as Employee or Independent Contractor: Legal and Contractual Considerations” (pp. 467-482)
This chapter provides context for this week’s topic.

Discussion Guidelines
Initial Post
For your initial post, answer the following questions:
• What legal pitfalls do you think would pose a risk to an independent APN as opposed to an employee?
• Why do you believe that these legal pitfalls would pose a risk? Explain how this risk would pose a greater risk to an independent APN over an employee.

Reference for required text book
Joel, L. A. (2022). Advanced practice nursing: Essentials for role development 5th ed.) Philadelphia: F.A. Davis
Company.

RUBRIC
Criteria Expectations
Content Follows directions, answers all questions thoroughly and appropriately; provides examples from personal experience where appropriate/ applicable.

Grasp of significance Projects knowledge and understanding of the significance of the assignment to professional development as an APN.
Evidence and documentation Provides thorough explanation of rationales and skillfully selects resources to substantiate conclusions.
Terminology Uses appropriate terminology correctly throughout.
Structure and mechanics Contains no spelling or grammatical errors No APA errors.


 

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LEGAL PITFALLS
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