When presented with a contract, remember that this is a starting point. What type of entity should a dentist consider selecting and why? A contract can lock an employee in for a specific length of time (usually one, two, or three years). His Dallas-based firm writes or reviews over 300 dental associate agreements each year. 04/06/2019. Very generally, employment relationships are typically more protected under state laws, while independent contractors have the potential to realize better tax efficiency. In areas where hygienists are in short supply, a doctor may desire a contract to help ensure having a hygienist. The current contract has a focus on rewarding dentists for meeting government targets for treatments. a Dental Practice. Dental-specific attorney — Since the practice broker will represent the seller, you need to find a reliable source to represent you, the buyer, during the transaction. Nearly all dental employment contracts are negotiable. All Practices; Dental Practices for Sale in California; Dental Practices for Sale in Connecticut; Dental Practices for Sale in Florida; Dental Practices for Sale in New Jersey; Dental Practices for Sale in New York; Dental Practices for Sale in Georgia; Dental Practices for Sale in North Carolina But like I said before, your attorney will very likely have access to that information if he or she is regularly negotiating employment contracts for physicians. Be sure you know the difference. A hygienist brings in production and is a valuable member of the dental team. The current NHS dental contract was implemented in England in 2006. Most contracts provide for termination for serious issues, which are to be expected; if an assistant finds you comatose in the bathroom with a needle of heroin in your arm, you probably deserve to be fired. Contracts can be long, the terms can be hard to understand and it may be the fi rst one you’ve ever seen. Are you an employee, or an independent contractor? Benefits: Make sure you’re OK with what’s being offered in terms of vacation time, health and life insurance, retirement plan and other fringe benefits. Termination: Understand whether you can be fired without cause. Second, I look at the essential terms of a dentist employment contract and a dentist independent contractor agreement. There are reputable resources available throughout the country but be sure that whomever you choose is well versed in the local statutes, taxes and even community needs, to provide you the best level of service. This can be financially devastating for those who work in practices that receive payments several months after billing. Consider what happens if your term expires. It’s important to understand if you are contracted with one office, or all offices administered by the practice. Term: Check to see the duration of your employment under the contract. You are looking for the opportunity that best suits you and your career goals. Notify me of follow-up comments by email. Save my name, email, and website in this browser for the next time I comment. The ADA publication, “Dentist Employment Agreements: A Guide to Key Legal Provisions,” outlines a number of aspects to look out for in a contract and some key ideas to keep in mind before signing. Each dental associate contract presents its own unique issues, and therefore each contract must be read in its own context. It’s important to understand what obligations are expected for that time. One day your employment will end. read more », Site Design by Spaulding Brand Date set for new contract. Site Developed by AH Digital FX Studios, 8 Things to Know About Your Dental Associate Contract, McGregor & Oblad Hires Three Attorneys for New Utah Office, Dental Law Firm Announces Jaw Law, a Podcast just for Dentists. Take a look at this ten-step checklist to ensure that you cover all the bases and avoid potential problems. Liquidated damages: This stipulates how much money you would have to pay if you are found to have breached certain provisions the contract. The current dental contract implemented in England and Wales in 2006 which remunerates dentists purely on activity, is not fit for purpose. What new dentists need to know about mortgages, My New Dentist Beginner's Guide: Finding a job, Happiness and Habits: Evidence-based ways to being happier. The SPA also includes specific provisions only found in dental transactions such as: The apportioning of any dental work in progress; and; NHS Contract clawback and/or underperformance. If the employer purchases it, understand the amount and type of coverage provided. New Look Dental Care is conveniently located in the Goshen Oaks Shopping Center, by the Safeway. You should know how your plan is designed, since this can significantly affect the plan's coverage and out-of-pocket expenses. Compensation: Understand how you will be paid, how often and whether you’re eligible for commissions or bonuses. Remember, anything can be added to or subtracted from a contract, and “if it is not written down, it didn’t happen.” Therefore, both parties want every concerning issue addressed and included in … That said, if there are things in the contract that are truly problematic from your perspective, it can’t hurt to try to negotiate towards a resolution that you believe to be more equitable. Phone: (240) 477-5921. Noncompete clause: If you’re terminated, this may prevent you from practicing dentistry in a certain geographic area for a specific time period. Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Twitter (Opens in new window). Top 6 questions to ask when evaluating your web presence. This is particularly important when considering the contract’s restrictive covenant; you do not want to be potentially elbowed out of a community because you worked a few days a year in a satellite office. Legally, though, what’s most important is that you have an employment agreement for an employment relationship, and an independent contractor’s agreement for a contract relationship. Read the template document to determine if it suits your requirements. Required fields are marked *. In addition, if you are presented with It can also result in disappointment, disadvantage, and in some circumstances, a lawsuit. What should you look for when reviewing a contract? That couldn’t be more wrong. Imagine if you enter into a contract to sell your dental practice, and your property owner will not assign your lease to the purchaser. contract, it’s highly likely that you’ll hear “no” a number of times. It’s there for possible delays during construction and it’s usually associated with a dollar amount to be paid by the contractor, either per day or per week – whatever time frame you decide before you sign off on the contract. In this article you'll find 8 key factors to consider when dealing with your first Dental Associate Contract. But most contracts also feature grounds for termination based on extremely vague and legally undefinable phrasing like “moral turpitude” or “injurious to the reputation of the practice.” There are only a handful of lawyers in this country who cannot fit anything you do into phrases like that, which essentially renders your contract terminable at will. For instance, you must provide your own assistant, provide your own equipment, set your own hours and set your own fees. This reflects the issues faced by the UK when the contracts were drawn up as many patients were struggling to see an NHS dentist. Always have a competent team looking out for you – preferably professionals who are at least familiar with dentistry but also familiar with dental practice transitions. The two types of prototype contract ar… Understand the purpose and scope of the contract and ask for what you want. The sample employment contract can be printed onto twelve pages. From a non-tax standpoint, the major issue is vicarious liability, whereby an employer may be liable for the negligent acts of an employee. For example, the practice would not be required to pay for its typical share of payroll taxes (e.g., unemployment and Medicare). What do you need to do to use the Employment Contract? by . The current prototype contracts began in 2015 and have been refined to test two potential NHS dental contracts – the most successful of which is expected to be rolled out nationwide.A prevention-based clinical philosophy forms the basis of the prototypes, and is delivered via a ‘care pathway’. My New Dentist Life: Feeling at home in rural Texas, Questioning our role in health care in response to COVID-19, My New Dentist Life: Starting a career during the COVID-19 pandemic. This is an important question because, from time to time, to generate revenue, the IRS and CA EDD will audit dental practices on the issue of whether a dentist is an employee or independent contractor. This can render high percentages illusory if the practice fails to generate patient traffic, or suffers a dip in business. Understanding an employment contract before you join a dental practice can be intimidating. Some are very lengthy and encompassing, and some are very short with a dearth of information. If you have dental insurance, chances are good that there will be some benefit coverage applicable to procedures such as preventative dental care (professional cleanings and exams) and amalgam fillings (the traditional metal fillings). What does the contract look like? If you’re a dentist reading this article right now, you’re probably thinking about reaching out to a dental marketing company for help with your marketing strategy. The timetable for introducing the ‘reformed’ contract was delivered at a briefing from the Department of Health and NHS England earlier this month. Malpractice insurance: Check to see if your employer provides dental professional liability insurance or if you have to purchase it. Malpractice insurance: Check to see if your employer provides dental professional liability insurance or if you have Penalty clause in your contract allows you to indicate a deadline for your dental office contractor to finish the job. All Rights Reserved. McGregor & Oblad, PLLC Practices like to pay their associates as independent contractors in order to avoid paying employment taxes. Dental Practices for Sale. Of course the best way to insure all 8 of these important issues is addressed is to hire an experienced Dental Law attorney to guide you through this sometimes complicated process. The worst approach to an unreasonable restrictive covenant, however, is not to ignore it on the promise that it will not be enforceable; many banks will not lend to you for your new venture if a potential lawsuit is looming. Many contracts have a fixed term, meaning that you cannot voluntarily quit before the first year without penalties or other expensive consequences. 04/10/2019. But, in order to actually qualify as an independent contractor, you must meet several criteria. 8 Things to Know about Your Dental Associate Contract. Let’s take a look at how patients view their dental visits, as well as some recommendations for making your practice stronger in 2021. This is especially true in startup practices, but can also be relevant to practices where the owner operates a satellite office close enough for patients to travel back to the owner, and in cases where another associate works in the office alongside you. Nonsolicitation of employees and/or patients: This may prevent you from actively soliciting employees and/or patients away from the employer. Is you is, or is you ain’t, a contractor? read more », Dental Law Firm Announces Jaw Law, a Podcast just for DentistsDental lawyer Joe McGregor is preparing a series of podcasts designed to help dentists as they enter the business of dentistry. Most likely, the contract presented to you is a stock contract that may or may not have been prepared with you in mind. Many practices are trending towards satellite offices. For example, the specific hours and days to be worked by the associate should be listed. 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