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How do I find a lawyer who can help me start my own business as an Independent child care health consultant?

Friday April 6, 2012
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Question:

Dear Nancy,

I am interested in starting my own business as an independent child care health consultant. How do I locate a lawyer who knows the nursing law for my state and can help me prepare myself to work in early education and child care settings?

Belinda



Nancy Brent replies:

Dear Belinda,

Starting your own business is an exciting adventure, and you are right to retain a nurse attorney or attorney in your state who knows nursing and the laws that impact it. I am sure there is a need for the services you as a CCHC could provide, but you might want to be certain you can establish a client base. This can be done by discussing your interest with other CCHCs in your area, in addition to any professional association specific to CCHCs.

Some of the things you want to discuss with your attorney include the development of a contract to use with the person or agency for which you provide services. A well-developed contract really can help eliminate problems that might arise after you provide services. Things to include in the contract would be your hourly rate, when you would require payment (e.g., at the end of a consultation or half up front and the remainder at the end of the consultation), record-keeping requirements, services for which you would charge (e.g., consultation, delivery services, postal costs, travel time), and HIPAA provisions that protect you and your client.

It sounds as though you have checked other state laws that require certain things of you (e.g., fingerprinting), but also be sure to check your state nurse practice act for any requirements established for nurse entrepreneurs, so you don’t inadvertently violate state acts or rules.

Cordially,
Nancy




Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.