Notwithstanding any other provision of law, a hospital licensed under chapter 23-16, nonprofit entity, or charitable trust may employ directly or indirectly a physician if the employment relationship between the physician and hospital, nonprofit entity, or charitable trust is evidenced by a written contract. The written contract must contain language to the effect the employment relationship with the physician may not affect the exercise of the physician’s independent judgment in the practice of medicine, and the physician’s independent judgment in the practice of medicine is in fact unaffected by the physician’s employment relationship with the hospital, nonprofit entity, or charitable trust. Under this section the hospital, nonprofit entity, or charitable trust is not engaged in the practice of medicine.