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wallstreetesq., Attorney
Category: Business Law
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Experience:  10 years, Corp litigation, Of Counsel to several global and nationwide corporation
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are there any prerequisates for starting a business that gives

Resolved Question:

are there any prerequisates for starting a business that gives flu vaccines
Submitted: 5 years ago.
Category: Business Law
Expert:  wallstreetesq. replied 5 years ago.
-Could you explain your situation a little more?


is it a non profit?
is it through a medical office?
Customer: replied 5 years ago.
my wife is an LVN III I want to get a dba order the vaccine online, if i'm legally allowed to do that, and market drugstores, wal-marts, and schools to give the vaccine. it would be for profit. i am not a edical office as of yet, but i would be if i can do this.
Expert:  wallstreetesq. replied 5 years ago.
YOU WILL BE CREATING A COMPANY THAT IS VERY NEEDED, AND IN FACT PRIVATE CLINICS ARE NOW IN MANY PHARMACYS AND EVEN FAIRS, HOWEVER IF YOU PLAN TO START YOU WILL NEED TO NOTIFY THE STATE DEPARTMENT OF HEALTH, AND THE CDC TO OBTAIN THE VACCINES ALSO IT WOULD BE IN YOUR BEST INTEREST TO BECOME ELIGABLE TO TAKE MEDICARE AND MEDICAID CLIENTS.
Customer: replied 5 years ago.
so i can start this business simply by obtaining a dba and getting the contracts with the pharmacies? Also, is my wife being an LVNIII sufficient for the administration of the vaccine?
Expert:  wallstreetesq. replied 5 years ago.
YES, THE FEDERAL AND TEXAS LAW AND ADMINISTRATION IS FAIRLY CLEAR, A NURSE CAN ADMINISTER VACCINES, ACCORDING TO TEXAS LAW AN LVN CAN ADMINISTER VACCINES IF SUPERVISED. ALSO READ THE LAW ON LIABILITY.


Section 301.353 of the NPA and Rule 217.11(2) require a LVN to practice under the supervision of a RN, advanced practice nurse, physician, podiatrist, dentist or physician assistant. The supervision requirement correlates with § 301.002(5) of the NPA that states that LVNs have a directed scope of practice. It should be noted that Position Statement 15.25 clarifies that supervision and carrying out medication orders may be expanded to include “any other practitioner legally authorized to prescribe the ordered medication(s).”
Although BON requirements preclude a LVN from practicing in a completely independent manner (that is, without supervision), there is nothing in the NPA or rules that requires direct (on site or on unit) supervision of a LVN. A resource person must be accessible to the LVN at least telephonically or by similar means. However, proximity to the LVN’s practice setting and the type of licensure of the supervisor should be determined on a case-by-case basis with input from the LVN and his/her supervisor. Factors to be considered should include: (1) the type of practice setting; (2) the stability of the patient’s condition; (3) the tasks to be performed; (4) the LVN’s experience and (5) any laws and regulations that apply to the specific practice setting. To illustrate, consider the LVN who performs routine nursing tasks or nursing tasks learned through ongoing continuing education (such as intravenous therapy) and compare with a LVN who performs a delegated medical act (such as botox administration). These are different situations and will differ in who (RN, physician) is appropriate to supervise the LVN as well as the proximity of the supervisor. Other regulations, such as those related to reimbursement, may also be a factor in the latter situation.

http://www.texmed.org/Template.aspx?id=4627
Customer: replied 5 years ago.
finally,can i or my wife purchase the vaccine in mass amounts directly froma manufacturer or distributor? or, would that have to be done by an rn or doctor?
Expert:  wallstreetesq. replied 5 years ago.
IT WOULD HAVE TO BE DONE BY AN RN OR PHYSICIAN UNLESS THE CLINIC IS OFFICIALLY RECOGNIZED AS A STATE VACCINATION CLINIC
Customer: replied 5 years ago.
what about administering drug screenings for employers, TB skin tests, and PPD vaccination? I'm on the phone with my wife who's at work and she is feeding more questions. Pleae answer I a going to accept eventually I promise! LOL!
Expert:  wallstreetesq. replied 5 years ago.
under texas law as stated above only nurses can do this, an LVNIII is not. i would hire a nurse or someone who is authorized.
Customer: replied 5 years ago.
I promise this is the last question. How would I go about becoming eligable to accept medicare and medicaid?
Expert:  wallstreetesq. replied 5 years ago.
you would contact the Texas medicare office, however they are strict and will not issue to an LNIII without proof of supervision.
wallstreetesq., Attorney
Category: Business Law
Satisfied Customers: 16420
Experience: 10 years, Corp litigation, Of Counsel to several global and nationwide corporation
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