02-10-2014, 07:09 AM
(This post was last modified: 02-10-2014, 05:45 PM by Jonathan Whatley.)
humboldtjake Wrote:I am a business man. By owning 49% then I can't get kicked out of the company. If I am a layperson with none of the clinical requirements then I can be kicked out of being the "management organization" for the practice. It is really to save my ass from all the work and then getting kicked out by a greedy MD.
The MD or other clinician, who's really doing the work, can just walk out and restart their own practice elsewhere. If they don't want to manage their own practice, it can be with another practice group. Good luck enforcing a non-compete clause in California. If you're looking at the very limited "section 16601" exceptions where noncompetes may be enforceable in cases of a business sale or partnership,
Navid Yadegar and Navid Soleymani Wrote:A non-compete may âliterallyâ fall within section 16601, but it is still void if it is a sham to evade the public policy against such provisions. Bosley Medical Group v. Abramson, 161 Cal. App. 3d 284 (1984). In Bosley, a doctor was hired by a medical group and was required to purchase nine percent of the corporationâs shares. The agreement required him, upon termination, to resell his stock and prohibited from competing. The court refused to enforce the non-compete as a sham because the share purchase and sell-back provisions made little sense except as a device to prevent the doctor from competing. Id. Though the agreement literally fell under section 16601, a literal interpretation âwould permit a major public corporation to require any employee to purchase one of several million shares and to enter into an agreement not to work for a competitorâan absurd result, and contrary to this stateâs policy prohibiting such agreements.â Id.With Limited Exceptions, Non-Compete Clauses Are Not Enforceable in California (Navid Yadegar and Navid Soleymani, Yadegar, Minoofar & Soleymani LLP)
humboldtjake Wrote:Btw there are at least 5-6 FNP schools in one year. University of Miami has one. Vanderbilt has one.
You also said "online." Miami's NP programs don't appear to be online at all. Vanderbilt's program isn't very online. From their Family NP program: "This intense program of study is offered in a modified distance format with monthly visits to campus. Students attend on-campus sessions approximately one week each month." Further it includes "Hands-on learning through 630 hours of supervised clinical practice â in clinical settings located in the Middle Tennessee area or in selected sites across the United States." Family Nurse Practitioner MSN (Vanderbilt). Vanderbilt's programs in other NP disciplines, e.g. Emergency NP, seem to have similar requirements.
Further, if there are only something like 5-6 programs in a one-year schedule in a highly competitive field like NP studies, and the two that come to mind are from Tier I national universities, getting admitted to one of them â probably against nurses with impressive clinical experience and professional recommendations â will be another choke point in your plan.