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  1. HIPAA regulations protect an individual's right to the privacy of his/her medical information, that is, to keep it from falling into the hands of people who would use it for commercial advantage, personal gain or malicious harm.
  2. Any health care providers, health plans or clearinghouses that electronically transmit medical Information such as billing, claims, enrollment or eligibility verification must meet HIPAA regulations.
  3. HIPAA regulations apply to medical information that contains any of a number of patient identifiers including name, social security number, telephone number, medical record number or zip code.
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Southern Medical Staffing, LLC
Independent Contractor Agreement
Respiratory Therapist

This agreement dated this day of , 20 , is executed by and between Southern Medical Staffing, LLC ("SMS", located at 1500 Metro Dr., Alexandria, Louisiana 71301, and ("Contractor"), whose mailing address is .

Whereas, SMS seeks to engage Contractor to accomplish the objectives described in the Exhibit titled "Qualifications and Description of Services to be Performed by a Respiratory Therapist", which is attached hereto.

Whereas, based on the nature of the relationship that the parties intend to establish, SMS hereby engages Contractor as an Independent Contractor.

Now, therefore, in consideration of the mutual promises and covenants of the parties as herein contained, the parties hereto agree and contract as follows:

  1. SMS hereby engages Contractors to accomplish the objectives described in the Exhibit titled "Qualifications and Description of Services to be performed by a Respiratory Therapist", which is attached hereto, which can be amended from time to time in accordance with Paragraph 12.
  2. SMS enters into this agreement based on Contractor's demonstrated ability to accomplish the objectives described in the Exhibit attached hereto. Consequently, SMS will not provide Contractor with any training or instructions with respect to the services to be provided hereunder. Contractor declares that he/she has complied with all federal, state, and local business permit and licensing requirements necessary to conduct business. Contractor declares that he/she obtains his/her own worker's compensation policy. Contractor will hold harmless and indemnify SMS for any and all claims arising out of injury, disability, or death of Contractor. Contractor understands that the insurance contract and other information that he/she provides to SMS may be disclosed to any Facility desiring to utilize his/her professional nursing services. Contractor understands that SMS shall not obtain or pay for any insurance on behalf of Contractor.
  3. This agreement is not to be interpreted or construed as creating or establishing an employee/employer relationship between Contractor and SMS. Consistent with the parties' intent that the relationship created by this Agreement be that or service recipient and Independent Contractor, Contractor shall retain the exclusive right to control and direct all details of the services that Contractor performs hereunder, including, where, when and how the services are to be performed and is free from any control or direction of SMS. Contractor's failure to accomplish an objective described in the attached Exhibit shall constitute a material breach of this Agreement.
  4. Contractor shall not be eligible to participate in any benefit programs that SMS now or hereafter maintains for its employees and, in the event Contractor for any reason were to become eligible to participate in a SMS sponsored benefit program, Contractor hereby waives any such right to participate in the program. This waiver of any right to participate in SMS sponsored employee benefit programs represents a material component of the terms of compensation agreed to by these parties and is not in any way conditioned on any representation of assumption concerning statues of Contractor with respect to SMS as an employer of Independent Contractor.
  5. For all purposes, including but not limited to the Federal Insurance Contributions Act (FICA), the Social Security Act, the Federal Unemployment Act (FUTA), income tax withholding and any and all other federal, state, and local laws, rules and regulations, Contractor shall be treated as an Independent Contractor and not as an employee with respect to SMS. Contractor is therefore responsible for filing and paying his/her own payroll taxes (Internal Revenue Service and State of Louisiana) and agree to hold harmless SMS for any failure to comply with any taxing authority. At the request of SMS, Contractor also agrees to supply proof of filing and payment. Contractor also agrees to fully indemnify SMS for any and all taxes, fees, costs, and penalties assessed by any taxing authority of any type whatsoever that should seek to collect from SMS on behalf of Contractor.
  6. Contractor acknowledges and agrees that Contractor shall be responsible (as a self-employed individual) for filing all tax returns, tax declarations and tax scheduled, and for payment of all taxes required, when due, with respect to any and all compensation earned by Contractor under this Agreement. SMS will neither pay nor withhold any employment taxes with respect to the compensation it pays Contractor. Rather, SMS will report the amounts it pays to Contractor on Internal Revenue Service Form 1099, to the extent required to do so under applicable Internal Revenue Code provisions.
  7. SMS shall have no obligation to pay a Contractor's fee for services provided prior to receipt of a completed and signed time slip/invoice requesting payment. SMS will not reimburse Contractor for any expenses, including but not limited to fees, fines, licenses, or taxes, incurred in connection with the performance of services hereunder unless otherwise agreed by SMS in accordance with Paragraph 12.
  8. Monies paid to Contractor are not considered wages and will be paid at a negotiated rate to be determined on a case by case basis. Fees for Contractor's services are directly billed to Facilities by SMS and if any negotiated rate differs from that originally determined then Contractor may not directly bill any Facility.
  9. Contractor provides services to SMS on a part time basis and reserves the right to, and intends to perform services for other staffing agencies/companies.
  10. Neither party hereto may terminate this Agreement unless the party first provides the other party with written notice. In the case of a material breach of this Agreement by one party, however, the other party shall have the right to terminate this Agreement immediately by providing the breaching party with a notice of termination. The termination shall be effective at the time the notice is received by the breaching party.
  11. This Agreement shall be governed by the construed and enforced in accordance with the laws of the State of Louisiana. Any and all disputes arising out of, or relating to the performance of services contracted for, under this Agreement, shall be settled by arbitration. Such arbitration shall be final and binding upon the parties, and shall be the sole and exclusive remedy of the parties with respect to any dispute arising out of, relating to, or resulting from the interpretation of the terms of this Agreement, or any breach thereof. The costs of such arbitrations shall be borne equally by the parties. This Paragraph 11 shall survive the termination of this Agreement.
  12. This Agreement shall constitute the entire written agreement between the parties, and shall supersede any and all agreements or understanding in effect between the parties hereto. Neither this Agreement nor attached Exhibit may be modified except by written agreement executed by the parties hereto.
  13. If any provision of this Agreement is found, held or deemed to be void, unlawful or unenforceable under any applicable statute or other controlling law, the remainder of this Agreement shall continue in full force and effect.
  14. No breach of any provision hereof can be waived unless in writing. Waiver of any breach of any provision hereof shall not be deemed to be waiver of any breach of the same, of any other provision.
  15. Any notice required or permitted under this Agreement shall be in writing and sent to the other party by first class mail at the address set forth above, or to such other address as a party hereto may specify in writing.

In witness whereof, the parties hereto have executed this Agreement on the day and year first above written.


Qualifications and Description of Services to
be performed by a Respiratory Therapist

Qualifications:

  1. Holds and maintains a current RT license from 
    the State of Louisiana.
  2. Current CPR Certification
  3. One year of experience
  4. Current TB skin test
  5. Negative drug screen
  6. Negative background check

Responsibilities:

Assess, treat and care for patients with breathing disorders. Assume primary responsibility for all respiratory care modalities. Supervise respiratory therapy technicians. Initiate and conduct therapeutic procedures. Maintain patient records. Select, assemble, check and operate equipment.

Respiratory Therapy Skills Checklist

1 = No Experience

2 = Some experience but require supervision or additional training

3 = Experienced and does not require supervision or additional training

Please select your experience level as it apllies to you.

1. Assesment*

Breath Sounds
Peak Flow Rate
Plumonary Function Testing
Rate and Work of Breathing
Transcutaneus monitoring
Interpretation of lab result
Arterial blood gases
Basic EKG
Blood Chemistry
Chest X-Ray

2. Equipment and Procedures*

Check Intracuff pressure
Endotracheal Tube suctioning
Endotracheal Tube suctioning
Nasal airway placement
Oral airway placement
Oropharyngeal suctioning
Sputum specimen collection
Tracheostomy suctioning
Analyze Oxygen
Arterial line insertion

3. Care of Patients with Chest Tube*

Assesment of function/proper operation
Placement assistance
Chest physiotherapy
Drawing Arterial blood gases
Arterial line
Brachial Artery
Femoral Artery
Radial artery/Allen tests
Extubate
Extubation assistance
Hemodynamic monitoring
Incentive Spirometry
Infection control practices
Intubate
Intubation assistance

4. Medication Delivery System*

Aerosol heated/cool
Aerosol setup mask
Aerosol setup trach
IPPB
Medihaler
Metered Dose Inhalers

5. Oxygen*

Bag and mask
ET Tube
External CPAP
Face Masks
Nasal Canula

6. Nebulizer*

Cold
Handheld
Heated
Ultrasonic
O2
T-piece
Tranch Collar
Thoracentasis assistance

7. Ventilator Set Up and Care*

Assist/control
CPAP
Flow-by
High Frequency jet ventilator
High Frequency oscillator
IMV
Inverse Ratio Ventilator
Pressure Support
Pressure Vents
SIMV
Trouble Shooting high pressure alarms
Trouble Shooting low pressure alarms
Volume Vents
Weaning

8. Care of Patients With*

Acute/chronic bronchitis
ARDS
Aspiration
Asthma
Bronchoscopy
Cardiac Surgery
CHF
COPD
Cystic Fibrosis
Epiglottities
Fresh Tracheostomy
Guillan Barre
Hemopneumothorax
Laryngospasm
Myasthenia
Pneumonia
Plumonary Edema
Plumonary Embolism
Smoke inhalation
Status ashtmaticus
Tension pneumothorax
Thoracotomy
Tracheo-esophageal fistula
Tuberculosis

9. Medication--Admistration of*

Aerobid, Vanceril
Aminophyline (Theophyline)
Azmacort
Bicarbonate
Combivent
Cromolyn Sodium (intal)
Decadron
Flonase
Flovent
Inhaled Steroids
Ipratropium Bromide (Atrovent)
Isoetharine (Bronkosol)
Isoproterenol (Isuprel)
Metaproterenol (Alupent)
Mucomyst
Nasalcort
Racemic Epinephrine
Salbutamol (Albuterol, Proventil, Ventolin)
Terbutaline Sulfate (Bricanyl)

10. Familiar with Effects of*

Anectine
Atropine
Corticosteroids
Digitalis
Duramorph
Heliox therapy
Ketamine
Lidocaine
Morphine Sulfate
Nipride
Nitric Oxide Therapy
Pavulon
Pentamidine Isethionate
Propofol
Theo-Dur
Valium
Versed

11. Phlebotomy*

Drawing blood from central line
Drawing blood from peripheral line
Drawing venous blood

12. Neonatal/Pediatrics*

Assist in high risk delivery
Capillary blood gases
ECMO
O2
Umbilical blood gases

13. Care of Infant or Child With*

Bronchopulmonary dysplasia (BPD)
Croup
Epiglottitis
Meconium aspiration
Near drowning
Persistent pulmonary hypertension (PPHN)
Pulmonary interstitial emphysema (PIE)
Respiratory distress syndrome (RDS)
Respiratory syncytial virus (RSV)
Transient tachypnea of the newborn (TTN)

14. Experience with the Following Ventilators*

Bear
Bird
BP
Hamilton Amadeus, Veolar
MA
Newport
Sechrist
Servo
Draeger Infant
Emerson
Engstrom
Puritan Bennett 7200
Respironics Esprit

JCAHO

Respiratory Therapist Job Description

Responsibility

  1. Assess, treat and care for patients with breathing disorders
  2. Assume primary responsibility for all respiratory care modalities
  3. Supervision of respiratory therapy technicians
  4. Initiate and conduct therapeutic procedures
  5. Maintain patient records
  6. Select, assemble, check and operate equipment
This field is required