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Are there any legal issues I should consider, besides making sure I have liability insurance, if I want to start an LLC?

Wednesday November 7, 2012
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Question:

Dear Nancy,

I am an RN with a BSN and am interested in starting a limited liability company. I would go to clients’ homes and administer fertility medications. I work in the fertility industry and administer these medications on a daily basis, so it is within my scope of practice. Are there any legal issues I should consider, besides making sure I have liability insurance?

Robin



Nancy Brent replies:

Dear Robin,

Your business idea is an interesting one. In addition to liability insurance, there are more legal issues to be concerned about. The first is whether a limited liability company is the best choice for the business' organization and whether or not it is available to you when you are providing patient care as a nurse, as opposed to building homes, for example. A consultation with a nurse attorney or attorney in your state who works with business entrepreneurs would be important, as would a consultation with an accountant who can advise you about tax and other financial matters.

Other legal issues that need to be evaluated include documentation concerns, physicians' orders for those individuals you see in their homes, and the safe transportation of the fertility medications (in addition to compliance with storage of the medications and any conflict with state and federal laws on the transportation of such medications). Follow up with the patient must be scheduled. Since you will be driving to the patient's homes, your car expenses can be deducted from the money you earn and your accountant can provide the required documentation and specific information about this deduction as a business expense.

If others will be working for you, you will need to establish workers’ compensation, unemployment compensation, professional liability insurance coverage issues and any benefits you will provide them (e.g., vacation time, sick days).

The location of your business has potential legal implications. If you are going to run the business from your home, you need to check what your village, city or other local unit of government requirements are. As an example, you may need to register your business with that unit of local government. If employees come to your business location in your home, there may be additional requirements —how many employees you can have in a home business or parking issues. Your attorney can help you with these matters.

Sincerely,
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.