For C3 Wellness Spa, is the Practice responsible for the delegation of duties to Non-Physician Medical Personnel?
C3_Wellness_Spa Franchise · 2024 FDDAnswer from 2024 FDD Document
- (B) Consistent with this Agreement, Practice will provide supervision of the Non-Physician Medical Personnel.
Such supervision will include on-site supervisions and delegation of duties consistent with state and federal law, regulations, certification, and generally accepted community standards.
Non-Physician Medical Personnel will be subject to the reasonable instructions, directions and policies of Practice in the performance of their duties.
All time spent by Non-Physician Medical Personnel performing duties for or on behalf of Practice will be reimbursable by Practice as a Practice Expense at the rates agreed upon by Practice and Manager.
Non-Physician Medical Personnel, to the extent required for Practice to direct their duties, would be co-employed by Practice.
- (C) Practice and Manager may specifically agree in writing for certain Non-Physician Medical Personnel providing any services for or on behalf of Practice to be directly employed by or contracted with Practice.
Such Non-Physician Medical Personnel would be employees or independent contractors employed or engaged by Practice, and the selection and terms of employment or engagement, including the rates of compensation, supervision, direction, training and assignment of duties would be determined and controlled by Practice.
Source: Item 23 — RECEIPTS (FDD pages 59–293)
What This Means (2024 FDD)
According to C3 Wellness Spa's 2024 Franchise Disclosure Document, the Practice does have responsibilities regarding the delegation of duties to Non-Physician Medical Personnel. While the Manager typically handles the employment, supervision, direction, training, and assigning of duties for these personnel, the Practice also plays a role.
The Practice is responsible for providing supervision of the Non-Physician Medical Personnel, including on-site supervision and delegation of duties. This delegation must be consistent with state and federal laws, regulations, certifications, and generally accepted community standards. The Non-Physician Medical Personnel are also subject to the reasonable instructions, directions, and policies of the Practice while performing their duties.
In some cases, the Practice and Manager may agree in writing for the Practice to directly employ or contract with certain Non-Physician Medical Personnel. In such instances, the Practice would have control over the selection, terms of employment, compensation rates, supervision, direction, training, and assignment of duties for these individuals. This indicates a flexible arrangement where responsibilities can be shared or shifted based on specific agreements between the Practice and the Manager.