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Featured Practice Question

I am interested in finding contract work as a consultant for law firms – specifically, performing psychological evaluations or medical examinations, as well as reviewing and summarizing medical documents. Scenarios could include performing a psychological evaluation for a U-visa, or determining mental capacity for entering into a will or trust. I am a certified FNP, and I work full-time. This would be a side job for me to make extra money. Are NPs legally able to work as independent medical providers in the above capacity?

In the consultant role you describe, you are not functioning as an “independent medical provider.” You are simply acting as an expert in your field. This is allowed and the BRN recruits for this regularly. Many legal firms also recruit for this role.

Featured Legal Question

I recently began employment with an urgent care facility. They classified me as an exempt employee. I work 10-hour shifts and less than 40 hours a week. From my understanding after reading over what classifications fall under exempt employee status, it doesn't appear that NPs fall into the professional exemption since we practice nursing, not medicine. My questions are: 1) am I classified correctly: exempt vs. non-exempt status?, and 2) am I entitled to overtime pay since I work more than 8 hours in a day?

Nurse practitioners are considered exempt employees in California per California law. Some federal law differs, but California rarely follows federal law. RNs are not considered exempt, but nurse practitioners are considered professionals. You are not qualified for overtime pay. RNs working 10-hour or 12-hour shifts don’t get paid overtime if they do not work over 40 hours in a week.

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