Sounds like you may be out of luck.  The presumption is that she is an
employee unless you can prove otherwise.

If she is in fact a contractor it would certainly be up to her to provide
the contract at the time of its inception.

Note:  You cannot turn an employer-employee relationship into a contract
relationship just by saying so.  If the only contract she has is with you,
that is a very strong argument for an employer, employee relationship.

In case you think I'm just being difficult, it is against public policy for
someone to give up their rights as an employee.  Such as the right to
workers compensation coverage and the right to unemployment coverage.  They
would also be giving up the right to matching SS funds.

All those things are in place not only for their protection but also to
prevent those liabilities from falling to the public sector.

Someone waives their right to unemployment or workers comp and ends up on
welfare etc, it costs me and everyone else.

Jo

Try a stationery store.  Perhaps a legal book store.

Hint:  Most contracts are written by lawyers who know the terminology to
include in a contract to protect your butt in case anything happens.

This has nothing to do with nursing. Contact a qualified attorney or at
the very least take your query over to a legal newsgroup.

Candide

take a look at a sample(s) of business to individual agreement:

http://www.toolkit.com/tools/bt.aspx?tid=indcon_m
http://www.lectlaw.com/forms/f050.htm
http://www.procopio.com/pdfs/sample2.pdf

here is a sample health aide 'employee' form:

http://allbusiness.legalzoom.com/human-resources/workforce-management-hiring-spe
cifying/11300-1.html

but i must caution you - the actual definition of an independent
contractor [person not incorporated] is that individual who renders 'a'
service 'to' another person or entity,

but does so at a time, location, and methodology of their own choosing.

i.e.: if they [the purported contractor] 'must' report to a specific
location, at a specific time, for a specific duration,

and, be under the direct supervision of that person or entity that has
engaged them,

then they are 'not' a contractor, but an employee.

it is possible that the state won't look very deeply at this -
but...under irs rules, you would have to be precise to qualify.

here is a bit of what is involved:

 24.  The Supreme Court of the United States held that the term "usual
common law rules" is to be used in a generic sense to mean the
"standards developed by the courts through the years of adjudication."
United States v. W.M. Webb, Inc., 397 U.S. 179 (1970).  In Cantor v.
Cochran, 184 So. 2d 173 (Fla. 1966), the Supreme Court of Florida
adopted the tests in 1 Restatement of Law, Agency 2d Section 220 (1958)
used to determine whether an employer-employee relationship exists.
Section 220 provides:

           (1) A servant [health aide, gardener, etc] is a person
employed to perform services for another and who, in the performance of
the services, is subject to the other's control or right of control.

        (2) The following matters of fact, among others, are to be
considered:

           (a) the extent of control which, by the agreement, the
business may exercise over the details of the work;

           (b) whether the worker is in a distinct occupation or
business;

           (c) whether the type of work is usually done under the
direction of the employer or by a specialist without supervision;

           (d) the skill required;

           (e) who supplies the place of work, tools, and materials;

           (f) the length of time employed;

           (g) the method of payment;

           (h) whether the work is part of the regular business of the
employer;

           (i) whether the parties believe the relationship is
independent;

           (j) whether the principal is in business.

In order to determine whether a worker is an employee or an independent
contractor under the common law, the relationship between the worker and
the business must be examined and all evidence of control and
independence must be considered.  All evidence of the degree of control
and the degree of independence must be weighed.  All factors enumerated
in 1 Restatement of Law, supra, must be considered.

In such an analysis, special emphasis should be placed on the extent of
“free agency” of the worker in the means and manner of performing the
work.  This element of control is the primary indicator of the status of
the working relationship.

take a look at this list:

The individual clearly understands in writing that no taxes are to be
withheld from her pay and that she is not entitled to employee fringe
benefits.  

She is free to refuse work assignments, and she determined her own work
schedule.  

The rate of pay was negotiable.  

She was not supervised, trained, or controlled by the [entity
contracting services].  

The individual is solely responsible for obtaining and maintaining any
required [by local or state government] certification.