Private Duty Nurse and Midwife Service Agreement

Yes, you must use distinct agreements because postpartum doula care is non-clinical support, while midwifery involves medical diagnostics, prescribing, and hands-on clinical procedures. Mixing these scopes in a single document can confuse your legal liability and threaten your malpractice coverage. Use a clinical midwifery agreement for medical care and a separate support agreement for non-clinical postpartum services.

Your agreement must contain a dedicated transfer of care clause that explicitly details the protocol for transitioning a patient to an emergency room or hospital. This clause must state that in an emergency, your clinical judgment prevails, and the client is responsible for all transport and hospital costs. It should also clarify that your active medical role transitions to a supportive or advisory role once hospital staff assume responsibility.

Yes, charging a non-refundable retainer is a standard industry practice to secure your availability, especially for birth window on-call periods. The agreement must explicitly state that this fee is non-refundable and outline exactly how it will be credited toward the final invoice. Ensure your state's nursing or midwifery board does not have specific restrictions on fee structures before finalizing this clause.

The contract should include a dedicated confidentiality clause specifying that you will maintain all patient health records in accordance with federal and state privacy laws. It must detail how clinical charts are stored, who has access to them, and obtain written consent from the client before you share any health data with their other healthcare providers.