NewsFlash
Aug 16 2006
Vol 5, Issue 6
Inside This Issue:

Osinski & Jamison Elected as Board Officers

NAPR Committee Purposes

Anatomy of an Employment Contract

Employee or Independent Contractor?

Ask Miss Deed

Vendor Profile

National Conferences of Interest

Contact Us:

NAPR Website

E-mail NAPR Headquarters

NAPR Board:

President
Karen Zeller

President-Elect
Jo-Ann Toldt

Vice President
Martin H. Osinski

Secretary/Treasurer
Tammy Jamison

Immediate Past President
Sandi Brewer

Directors:
Marc Bowles
Susie Brown
Pat Doyle-Grace
Neal Fenster
Michael Levison

Ronald Watson

NAPR Services, Inc.
Julie Sherriff

Ethics
Richard Glehan

Internet/Website
Michael Levison

Education
D.R. Richards

Executive Vice President
Bill Kautter


QUICKFLASH

  • The NAPR Pulse (newsletter) is interested in receiving newsworthy information about our members. Please email Tammy Jamison, editor of the NAPR Pulse, at tammy.jamison@lvh.com with announcements, awards, promotions, or anything else that is fit to print!

Osinski & Jamison Elected as Board Officers

The NAPR Board of Directors, at its July 17-18, 2006, Board meeting in Chicago, elected Marty Osinski, American Medical Consultants, Miami, FL, as Vice President. Mr. Osinski was serving as the Secretary/Treasurer and he has served on the Board of Directors for several years.

Tammy Jamison, Lehigh Valley Hospital, Allentown, PA, was elected Secretary/Treasurer. Ms. Jamison has served on the Board for several years and she is the Editor of the NAPR newsletter.



NAPR Committee Purposes

President Karen Zeller is seeking members to serve on NAPR committees in 2006-2007. Effective Committees of the NAPR are critical to our collective ability to meet the objectives for the organization. This goal requires individuals who are dynamic and committed to advancing our professional agenda. President Karen Zeller wants the 2006-2007 committee selection process to result in a cadre of physician recruiters who are ideally suited to meet the challenges of the coming year. The President does committee selection, with final approval by the Board of Directors.
 
Arbitration
Provides a forum in which parties involved in fee disputes may air and resolve their problems as an alternative to litigation.

Convention – (2007 Meeting only)
Responsible for program development, initial speaker contact, theme selection, and working with NAPR Headquarters staff on promotion of the Annual Convention. Works in conjunction with NAPR staff and Education Committee.

Education
Responsible for the oversight of all NAPR educational activities (currently including Annual Convention, School of Healthcare Recruitment) and all future NAPR educational offerings (including NAPR Regional Meetings, Teleconference Training/Seminars, Webinars, and/or Website Education and Training). Committee is also responsible, subject to Board approval, for all new methods of information delivery and Vendor Services. Works in conjunction with Vendor Services Committee in program development, seeking sponsors/vendors, and promotion and delivery of educational services.

Ethics
Investigates complaints lodged against member organizations to determine if the Code of Ethics has been violated.

Fall Educational Summit – (formerly the Fall Fly-In)
Responsible for program development, initial speaker contact, and working with NAPR Headquarters staff on promotion of the Fall Conference. Works in conjunction with NAPR staff and Education Committee.

Internet/NAPR Website
Responsible for continuous update and development of napr.org web site, with emphasis on the World Job Bank and its search engine as well as pages for member and vendor use. Committee is charged with developing links with other relevant sites, working with Google and other major search engines to maximize visibility and usage of the site; track site usage; and promote the site to the membership and other outside users. Committee also charged with developing revenue streams for the site through advertising in order to keep costs to a minimum with the long-term goal of a self-sustaining web site. (Relevant skills: interest in information technology and web site development.)

Investment
Responsible for overseeing excess funds in the NAPR accounts that are not anticipated to be needed for general operations for at least one year, and to maximize return on those funds by utilizing risk adverse investments.

Legislative
Monitors state and federal legislative and regulatory developments and communicates same to membership via NAPR newsletter, legislative bulletins, and other vehicles.

Long Range/Strategic Planning
Monitors, maintains and updates NAPR’s long range plan in order to keep it as responsive to member needs as possible.

Membership
Oversees recruitment efforts, orientation and retention of members, and promotional activities. Reviews and updates membership and renewal application forms as necessary.

Newsflash
Oversees preparation of electronic Newsflash on a regular basis. Responsibilities include submitting articles of interest and monitoring clipping service for additional articles.
 
Newsletter
Oversees the publication of NAPR's quarterly newsletter. Responsibilities include writing articles of interest, soliciting and submitting articles of interest from NAPR members and others, monitoring clipping service for additional articles, and directing advertising inquiries to NAPR Headquarters staff.

NAPR Services, Inc.
Responsible for developing programs and services that will enhance members’ physician recruitment efforts. (This is a separate for-profit subsidiary of the NAPR.)

Public Relations
Responsible for presenting the image of NAPR to the rest of the health care community; to attract physicians to the NAPR World Job Bank in order to provide NAPR members with a source of physicians seeking job opportunities through the site; organize advertising campaigns to promote NAPR; work with other appropriate committees (i.e., Web and Education) to promote NAPR through press releases, articles, magazine pieces and other public relations tools. (Relevant skills: interest in public relations, excellent writing and communications skills.)

Research
Oversees development and publication of the Physician Compensation Survey, the Industry Trends Survey, and other surveys as needed.

Security Committee
Identifies, reports, and investigates World Job Bank breaches to determine if the World Job Bank user agreement has been violated. Monitors member and non-member breaches. Periodically updates user agreement. Monitors all jobs posted for discriminatory language to ensure compliance with EEO and other federal laws.

Split Fee Network Committee
Responsible for developing a split fee network for the Association via the NAPR website.

Vendor Services
Serves as liaison to current NAPR vendor members as well as working with the Membership Committee to recruit new vendor members. Responsible for developing programs/services by which members can benefit through collective purchasing, e.g., long distance telephone service, health insurance, computer supplies.

YES, I'd like to serve my association as a committee member.


Anatomy of an Employment Contract
(Source: New England Journal of Medicine)

Understanding the basic elements of an employment contract can help physicians emerging from residency evaluate job offers.

Somewhere between residency and their first practice position lurks the employment contract. A basic understanding of the main elements of employment contracts will help you wade through what is often a multipage document replete with legalese.

The employment contract will -- or should -- address the following:

•      Employment status and scope of work. These sections define a physician’s status as independent contractor, employee, shareholder. Although employers sometimes hesitate to include specifics about the scope of work because workload and patient volume aren’t static, in the case of specialist, the contract should include estimates regarding numbers of procedures or patients.

Essential terms: parties, time, subject matter, price and quantity

Important consideration: Employment status can affect both your tax burden and potential liability in the event of a malpractice suit, so make sure you understand the difference between contractor and employee or shareholder status.

•      Restrictive covenants. The “non-compete" clauses or “non-competition” agreements typically prevent a physician from working for a competitor located within a specific geographic area for a certain amount of time; these covenants thus thwart a departing physician from “stealing” patients.

The contract might state that the physician cannot practice medicine within a 10-mile radius for a period of two years. Despite widespread physician opposition, these clauses continue to appear in many contracts.

Important considerations: Non-compete clauses are illegal in some states, and they’re enforceable only if deemed “reasonable” in other states. An attorney versed in the particular state’s contract laws should review such clauses.

Tip: “The more specialized you are, the more geographically expanded you can expect the covenant to be,” says attorney James D. Wall, a contracts specialist and partner with the law firm of Bell, Davis & Pitt in Winston-Salem, N.C. He also recommends talking to other physicians in your specialty and in the region to get a sense of prevailing practices regarding covenants.


Small Business Series: Employee or Independent Contractor -- Issue of Correct Classification

A person working for a business as an employee or independent contractor is an important distinction. The first question is who determines if a person is performing work for a business is an employee or an independent contractor? Answer: the IRS. The second question is how will a business who misclassifies an employee as an independent contractor get caught? Answer: IRS audit of the business, unemployment claim filed by a former worker, or a claim filed for workers' compensation benefits filed by a worker, a former contractor filing a Form SS-8 (Determination of Employee Work Status for Purposes of Federal Employment Taxes and Income Tax Withholding), to mention a few. The third question is what are the consequences of being caught and having an independent contractor reclassified as an employee? Answer: the employer becomes responsible for both the employers and employees FICA (15.3% of gross wages), FUTA (currently $56 per year per employee), as well as the federal income tax (20% of gross wages). The IRS may also bring in the state and, as a result, the employer may also become liable for the state income tax, as well as the state unemployment and workers' compensation. Employers may also face a penalty equal to the amount of the back taxes owed.

Likewise, the employer will owe interest on all back taxes from the due dates. The business may also be required to support the injured person for the rest of his/her life.

Common Law Rules

The following are a list of 20 questions the IRS uses to determine if a worker is an independent contractor or an employee. The answer of yes to any one of these questions (except #16) may mean the worker is an employee.

1. Is the worker required to comply with instructions about when, where, and how the work is done?

2. Is the worker provided training that would enable him/her to perform a job in a particular method or manner?

3. Are the services provided by the worker an integral part of the business' operations?

4. Must the services be rendered personally?

5. Does the business hire, supervise, or pay assistants to help the worker on the job?

6. Is there a continuing relationship between the worker and the person for whom the services are performed?

7. Does the recipient of the services set the work schedule?

8. Is the worker required to devote his/her full time to the person he/she performs services for?

9. Is the work performed at the place of business of the company or at specific places set by the company?

10. Does the recipient of the services direct the sequence in which the work must be done?

11. Are regular oral or written reports required to be submitted by the worker?

12. Is the method of payment hourly, weekly, monthly (as opposed to commission or by the job)?

13. Are business and/or traveling expenses reimbursed?

14. Does the company furnish tools and materials used by the worker?

15. Has the worker failed to invest in equipment or facilities used to provide the services?

16. Does the arrangement put the person in a position of realizing either a profit or loss on the work?

17. Does the worker perform services exclusively for the company rather than working for a number of companies at the same time?

18. Does the worker, in fact, make his/her services regularly available to the general public?

19. Is the worker subject to dismissal for reasons other than non-performance of the contract specifications?

20. Can the worker terminate his/her relationship without incurring a liability for failure to complete the job?

Non-Employee Requirements

To qualify a person as an independent contractor under Section 503 of the 1978 Revenue Act, the following three (3) requirements must be met:

1. You must file 1099 miscellaneous income forms (if over $600).

2. Similar workers must be treated alike (not treated as employees).

3. There must be a good reason for the contractor status:

a.) Precedent: court cases and revenue rulings.
b.) Practice: long standing in the industry.
c.) IRS previous audit.


Ask Miss Deed...


Dear Miss Deed:

As a member of NAPR, I realize that the membership list is in the public domain and we can receive solicitations for products and services from just about anyone.

I recently was contacted by an organization to buy a certain product. When I called to find out more, I was surprised, and angry, to learn it was another NAPR member using a company name I did not know to attempt the sale. I feel deceived.

Yours truly,
Off-put

Dear Off:

You ran smack-dab into a violator of the Code of Ethics. In the recent revision of the Code, the membership voted to require any company which solicits a NAPR member under a different corporate name other than what is in the Membership Directory, to first notify NAPR Headquarters of the name.

NAPR then notifies its members so each will be aware of exactly who is approaching them.

The NAPR has no problem with member organizations marketing their goods or services as long as each member has the opportunity to understand exactly who is contacting them.

I urge you to contact Headquarters to find out if this organization has informed them of the additional corporate name. Somehow I smell the possibility of another Ethics Code violation; thanks for writing.

Cordially,
Miss Deed

Miss Deed is an expert on all things ethical, and is ready to answer your questions. All questions to Miss Deed must be accompanied by the individual's name, telephone, and e-mail address. If the individual does not want his or her name published, we will publish the question with the statement: "Name Withheld by Request." No questions will be considered without verifying who the sender is. Send your questions to Miss Deed at the following e-mail address: DearMissDeed@napr.org and your question may appear in an upcoming NewsFlash!



Vendor Profile

NTN SearchLine and NTN NurseNet
By NAPR Headquarters Staff

1.  What does this company do?
NTN operates two Internet job posting services. NTN SearchLine for physicians and NTN NurseNet for nurses. NTN was introduced in 1993 as an interactive phone service for physicians and medical recruiters with the objective of providing a national database of jobs for candidates and candidates for advertisers. NTN was one of the early pioneers to provide an alternative to medical journal advertising. The phone service was successful but within a short time it became obvious that the emerging new phenomenon called the Internet was the future path for this new approach to recruitment advertising. NTN launched its Internet service in 1994. Since then, NTN SearchLine and NTN NurseNet has earned a reputation of being among the most effective Internet sites for candidates and recruiters.

2. What is your position there?
I am one of the original partners who started the company in 1993 and became the sole owner in 1995. I was responsible for developing the Internet version of NTN SearchLine and NTN NurseNet.

3. What services or products do you provide that would be of interest to physician recruiters?
Advertising physician and nurse job openings on NTN SearchLine and NurseNet can reach thousands of job-seeking candidates in a matter of hours...not weeks or months. NTN SearchLine not only lists your opening in our job database, but also e-mails them to physicians who have indicated a geographic preference for jobs in your area. And, as a value-added service, NTN gives our advertisers immediate access to a database of candidates whose specialty and geographic preferences match your job criteria. In addition, candidates can e-mail employers right from the job listing they received by e-mail and never have to log back into the site to locate jobs that match their preferences. Also, when advertisers use our online candidate database they can determine if candidates have viewed their jobs, e-mail the candidates directly and determine in which states they are licensed.

The major difference between NTN and other Internet job boards is the quality and quantity of our pre-registered candidate database. While we enjoy wide recognition and search engine referrals, most of our candidates have heard about us from a combination of target journal advertising, direct mail, and cooperative referral programs from medical and nursing association sources.

4. Please provide a brief profile about yourself.
John Bullock earned a BS degree in Business Administration from Florida State University. He spent 32 years with a major pharmaceutical company in various sales and marketing positions and the last five years was head of the company’s largest division. He retired from the company in 1992 and began doing marketing consulting work in the health care industry.  His extensive knowledge of marketing to physicians was helpful in forming his interest and involvement in the medical recruitment field.

John Bullock can be contacted at NTN SearchLine, 2180 Immokalee Road, Suite 304, Naples, FL 34110; Phone: 800-300-9903; Fax: 800-992-9959; E-mail: john@ntnjobs.com.


National Conferences of Interest

Websites that offer upcoming conference information:
 
The Journal of American Medical Association Calendar of Events:
http://pubs.ama-assn.org/cgi/calendarcontent


If you have questions or comments about NewsFlash, please contact: Bill Kautter at bkautter@napr.org (800-726-5613) or NewsFlash Editor, Ron Watson at watson_16252@msn.com

Please note that letters and comments sent to the publisher are automatically considered for use in upcoming issues unless you expressly request that they not be used. You may request that you remain anonymous in the case that your letter or comments are used. We reserve the right to edit for brevity and/or clarity.

This eNewsletter is automatically sent to all NAPR members as an added, free benefit of membership. Non-NAPR members are invited to subscribe to this newsletter by contacting Judy Clark at jclark@napr.org.

The National Association of Physician Recruiters (NAPR), headquartered near Orlando, Florida, was founded in 1984, for the purpose of creating a national organization through which professional physician recruiters could work together to maintain standards of excellence within the industry and ensure the highest degree of quality in recruitment services. Today, the NAPR represents over 400 members, including recruitment firms, in-house staff physician recruiters, as well as contract staffing and management, trying to make a difference in the physician recruiting industry.

NAPR, 222 S. Westmonte Dr, Ste 101, Altamonte Springs, FL 32714, 800-726-5613.