Compensation: Understand how you will be paid, how often and whether you’re eligible for commissions or bonuses. McGregor & Oblad, PLLC 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. 04/10/2019. For example, the specific hours and days to be worked by the associate should be listed. For example, the practice would not be required to pay for its typical share of payroll taxes (e.g., unemployment and Medicare). by . Many contracts have a fixed term, meaning that you cannot voluntarily quit before the first year without penalties or other expensive consequences. The current NHS dental contract was implemented in England in 2006. Whether you are an employee or independent contractor is not nearly as important as understanding the difference between the two. One of the most overlooked provisions of a dental associate contract is the termination provision. A restrictive covenant’s enforceability depends on duration of employment, how many offices the practice has, how spread out those practices are, the office’s branding, how dense the population is, and innumerable other facts that vary in importance state to state, community to community. 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. A contract can lock an employee in for a specific length of time (usually one, two, or three years). 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. a Dental Practice. Are you compensated for hygiene or x-rays? For a dental practice looking to cut costs, hiring independent contractors can be quite enticing. From a non-tax standpoint, the major issue is vicarious liability, whereby an employer may be liable for the negligent acts of an employee. But, in order to actually qualify as an independent contractor, you must meet several criteria. The contracts involve working towards activity targets known as units of dental activity (UDAs). Let’s take a look at how patients view their dental visits, as well as some recommendations for making your practice stronger in 2021. Consider what happens if your term expires. The timetable for introducing the ‘reformed’ contract was delivered at a briefing from the Department of Health and NHS England earlier this month. From a tax standpoint, an employer is required to withhold certain taxes. You can negotiate the terms of nearly every agreement. Are you penalized for write-offs, or discounts awarded by the practice? For instance, you must provide your own assistant, provide your own equipment, set your own hours and set your own fees. One day your employment will end. Dispute resolution: This establishes the process for resolving disputes between you and the owner dentist, should they arise. It has received criticism from dentists, two governments, a Noncompete clause: If you’re terminated, this may prevent you from practicing dentistry in a certain geographic area for a specific time period. All relevant factors must be considered, including the practice’s plans for you, your plans for the practice, the owner’s reputation, standards in the local dental employment marketplace, and any other additional issues identified by your experienced attorney. It’s common—and understandable—for job-seekers to fixate on the percentage of the pay. Parking. You are looking for the opportunity that best suits you and your career goals. 04/06/2019 …And The Difference That A Full-Service Experience Makes. 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. That couldn’t be more wrong. When presented with a contract, remember that this is a starting point. Orthodontics. Some are very lengthy and encompassing, and some are very short with a dearth of information. In the alternative, the agreement may say something such as “up to 36 hours per week.”. by . Notify me of follow-up comments by email. Rather, some of these costs are passed on to the associate independent contractor. Jan 5th, 2021. The first thing to understand is that no two contracts are alike, especially dental contracts. Whether an associate dentist is considered an employee or independent contractor could have certain tax and non-tax consequences for the owner of a dental practice. Are you an employee, or an independent contractor? 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). The ADA advises all dentists to consult with their personal attorneys before signing any contract. Understanding an employment contract before you join a dental practice can be intimidating. In areas where hygienists are in short supply, a doctor may desire a contract to help ensure having a hygienist. However, it may be that the contract makes no provision for compensation, which could mean you lose out financially. Se habla español. Vicki Cheeseman. What’s most important is that mileage is typically more important than time, and that often dentists are more interested in being able to take along staff rather than patients to their new job. 04/06/2019. Phone: (240) 477-5921. Liquidated damages: This stipulates how much money you would have to pay if you are found to have breached certain provisions the contract. read more », Site Design by Spaulding Brand 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. A guided checklist to assist dentists with things to consider before, during and after withdrawal from a plans network, including sample letters for use in your practice. View Location Map. 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. While the practice owner and associate may think that the most important issue in the employment relationship is compensation and benefits, it is not. If the employer purchases it, understand the amount and type of coverage provided. It must be understood that not all percentages are created equal. Our email address is newlookdental@hotmail.com Malpractice insurance: Check to see if your employer provides dental professional liability insurance or if you have to purchase it. The sample employment contract can be printed onto twelve pages. Is your percentage based on gross production, or is it based on gross collections? 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. You want to make the deal happen, but … Contracts can be long, the terms can be hard to understand and it may be the fi rst one you’ve ever seen. Imagine if you enter into a contract to sell your dental practice, and your property owner will not assign your lease to the purchaser. 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. An employer unwilling to at least listen to your concerns should be seen as a red flag. Here are 10 areas to keep an eye out for to make sure you understand what you’re signing: Employee duties: Pay attention to what is outlined in the contract as far as your duties as a dentist. Save my name, email, and website in this browser for the next time I comment. Dr Jordan excellent article, very complete, Your email address will not be published. LOOK Dental and Vision - Orange Beach 4751 Main St., Suite F-218 Orange Beach, AL 36561 (251) 213-2077 If you’re like most dentists, you’ve probably invested a lot of money into equipping your office with the latest technology and making sure it’s comfortable with a relaxing atmosphere. When you are looking for a job as a dentist, you aren’t looking for a seal of approval. Understand the purpose and scope of the contract and ask for what you want. Most dental contracts do not promise any certain level of scheduling, which can significantly impact pay. 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. I mean, one is just salary.com. Dental Practices for Sale. Term: Check to see the duration of your employment under the contract. Term: Check to see the duration of your employment under the contract. 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 … 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. Find more details here. It can also result in disappointment, disadvantage, and in some circumstances, a lawsuit. Your dental attorney should be at least engaged in the terms of the buy/sell agreement, office lease negotiations, non-compete covenants, establishing your corporation, and lender requirements. Top 6 questions to ask when evaluating your web presence. Dentsply Sirona acquires at-home aligner company. Joseph is a 2007 graduate of the J. Rueben Clark Law School at Brigham Young University. This can be financially devastating for those who work in practices that receive payments several months after billing. 04/10/2019. The current dental contract implemented in England and Wales in 2006 which remunerates dentists purely on activity, is not fit for purpose. What should you look for when reviewing a contract? Make any changes as required. Instead, it’s best to negotiate the best terms possible, and then abide by them. Will you be given an accounting of the practice’s collections or deductions? Termination: Understand whether you can be fired without cause. 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. If the employer purchases it, understand the amount and type of coverage provided. Amelia Williamson DeStefano. 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). Your first Dental Associate Contract is a major milestone in your new Dental career, but it can also be a complex and intimidating process for those without specific training in contractual law. Termination: Understand whether you can be fired without cause. contract, it’s highly likely that you’ll hear “no” a number of times. Malpractice insurance: Check to see if your employer provides dental professional liability insurance or if you have His Dallas-based firm writes or reviews over 300 dental associate agreements each year. Each dental associate contract presents its own unique issues, and therefore each contract must be read in its own context. 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. Are supplies or lab fees deducted? It’s important to understand if you are contracted with one office, or all offices administered by the practice. Finally, many contracts obligate you to finish any outstanding treatments, which can be impracticable for those moving away, for those whose new employers will not grant the time off, or for those not getting paid to complete that work. What To Look For In A Dental Website From A Dental Marketing Agency. Be sure you know the difference. It’s becoming increasingly common that once you turn in your notice, the practice will no longer be obligated to pay you for your accrued but unpaid collections. The new NHS general dental services contract is to be rolled out from April 2020, Dentistry magazine has learned. 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’. Nearly all dental employment contracts are negotiable. A hygienist brings in production and is a valuable member of the dental team. Required fields are marked *. Read the template document to determine if it suits your requirements. 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. Practices like to pay their associates as independent contractors in order to avoid paying employment taxes. Our office is handicap accessible. 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. Many practices are trending towards satellite offices. You will get better at this with time but here are some of the things that you want to ask and some of the things that you want to lo Mixing the two can lead to expensive misunderstandings. The buyer’s solicitors will be looking to ensure that these are as wide and all-encompassing as possible, while the seller’s solicitor will aim to limit them. What Should Be In A Contract. 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. to purchase it. This online publication is free to members and available for download at Success.ADA.org by searching for the title. 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