Featured Practice Question

I am a 1099 sole proprietor NP working as a locum tenen. I understand that currently I can not work in California as a 1099 employee and only W2 employees can work in California. Is this true?

On September 18, 2019, Governor Newsom signed AB 5 (Gonzalez), instituting new rules on the classification of workers as employees or independent contractors.  This new law took effect on January 1, 2020.  AB 5 (Gonzalez) creates an exemption for physicians from the more restrictive “ABC” test for worker classification established by the California Supreme Court in the Dynamex case in April of 2018.  

The CANP attorney Melanie Balestra wrote an article about this topic in 2018. 
If the NP is working for a facility or office that provides medical services, the NP cannot work as an independent contractor. The number of hours is no longer valid. Even if the NP works four hours, s/he must be an employee. If the NP is an employer, s/he cannot hire other providers as independent contractors.

Here is another article that may be helpful.

Featured Legal Question

What laws do I need to be aware of regarding telehealth and collaborative practice agreements? 

You will need a collaborating physician in CA and a set of Standardized Procedures signed by you, the physician and administration (which can be you).  Right now, during the COVID-19 crisis, you can prescribe a controlled substance without seeing the patient. However, that might change once the crisis is over. You need to be very thorough in your documentation. If you are prescribed Schedule II drugs, there is a module you need to take through CANP. Other than that, there is no module that discusses scope of practice or laws in CA. 

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