Collaborative Practice Agreements

A collaborative practice agreement is a written document between an advanced practice nurse and a physician that sets out what the nurse may do and how the two will work together. In roughly half the country, holding a current one is a condition of practicing at all.

The names differ by state. Collaborative agreement, practice agreement, standard care arrangement, protocol, prescriptive authority agreement and supervisory agreement all describe versions of the same instrument, and the label often signals how much authority it leaves with the nurse. See nurse practitioner practice authority.

What goes in one

Content is set by the state, but most agreements cover:

  • The clinical scope: which conditions the nurse practitioner may diagnose and treat, and which must be referred.
  • Prescribing, usually with controlled substances handled separately and more tightly than everything else.
  • How and when the nurse practitioner consults the physician, and how quickly the physician must respond.
  • Chart review: how many records the physician reads, how often, and whether the review is documented.
  • How the arrangement ends, and what notice either side gives.

Many states require the signed agreement, or notice of it, to be filed with the board of nursing, the board of medicine, or both. Some require it to be reviewed and re-signed annually. Some require it to name a specific alternate physician who covers when the first is unavailable.

Chart review and ratios

Two provisions do most of the practical work.

Chart review obliges the physician to read a sample of the nurse practitioner's records, commonly a percentage of charts or of charts involving controlled substances, sometimes within a set number of days. It is the mechanism regulators point to when asked what the agreement achieves. It is also the part most likely to be perfunctory, since a physician reviewing a fixed percentage of records for a clinician they never see is doing something quite different from supervising care.

Ratios cap the number of advanced practice nurses one physician may cover. Several states set a hard number, which turns collaborating physicians into a scarce resource in places that have few of them, and the places with few physicians are exactly the places that most need nurse practitioners. See rural and frontier nursing.

The agreement has a price

Where a nurse practitioner is employed by a hospital or a group practice, the collaborating physician is a colleague and the agreement is an administrative formality.

Where a nurse practitioner owns the practice, it is a purchase. The nurse practitioner has to find a physician willing to sign, and physicians commonly charge a monthly fee for it. Rates vary widely and are negotiated privately, so there is no published schedule, but the fee is a standing cost of doing business in states that require an agreement and it is charged whether or not any collaboration takes place.

The arrangement is also fragile in a way an employment relationship is not. If the collaborating physician retires, dies, moves, loses their own license, or simply decides the liability is not worth the fee, the nurse practitioner cannot legally see patients until a replacement signs. Clinics have closed for that reason with nothing having changed about the nurse practitioner's competence, and it is the single most effective argument the full practice authority campaign has.

Liability

A common assumption is that the collaborating physician carries legal responsibility for the nurse practitioner's care. That is only partly right, and the details vary by state and by the wording of the agreement.

Nurse practitioners are accountable for their own practice everywhere and carry their own malpractice coverage. A collaborating physician can be drawn into a claim, on theories that they failed to supervise adequately or that the agreement created a duty, and that exposure is part of what the monthly fee prices. Physicians who sign for clinicians they do not observe are taking on risk they cannot manage, which is a criticism of the arrangement made from the physician side rather than the nursing side.

Sources

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