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. Read the template document to determine if it suits your requirements. Make any changes as required. Both formats have their place, and each have their benefits. 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’. What type of entity should a dentist consider selecting and why? Mixing the two can lead to expensive misunderstandings. Save my name, email, and website in this browser for the next time I comment. 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. Your first dental associate contract can set your career on a positive trajectory. The first thing to understand is that no two contracts are alike, especially dental contracts. 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. 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. In addition, if you are presented with Understand the purpose and scope of the contract and ask for what you want. Are you penalized for write-offs, or discounts awarded by the practice? 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. Are supplies or lab fees deducted? Our email address is newlookdental@hotmail.com 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. 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. 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. 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 employer understands this, and nearly every employer will entertain reasonable revisions. This list is not all-inclusive. Malpractice insurance: Check to see if your employer provides dental professional liability insurance or if you have to purchase it. What Should Be In A Contract. But, in order to actually qualify as an independent contractor, you must meet several criteria. LOOK Dental and Vision - Orange Beach 4751 Main St., Suite F-218 Orange Beach, AL 36561 (251) 213-2077 For example, the specific hours and days to be worked by the associate should be listed. to purchase it. 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. Instead, it’s best to negotiate the best terms possible, and then abide by them. It’s important to understand if you would be relinquishing basic and important rights, such as the right to a jury trial, if an issue arises that can’t be resolved. 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. Accordingly, there will be provisions that are neither relevant nor appropriate. Jan 5th, 2021. by . What does the contract look like? 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. Se habla español. Top 6 questions to ask when evaluating your web presence. Vicki Cheeseman. Rather, some of these costs are passed on to the associate independent contractor. Each dental associate contract presents its own unique issues, and therefore each contract must be read in its own context. 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. The current dental contract implemented in England and Wales in 2006 which remunerates dentists purely on activity, is not fit for purpose. You should look for clauses that set out what will happen should those premises become unavailable or equipment breaks down. 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. 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. It’s important to understand if you are contracted with one office, or all offices administered by the practice. In the alternative, the agreement may say something such as “up to 36 hours per week.”. Dr Jordan excellent article, very complete, Your email address will not be published. by . Phone: (240) 477-5921. The ADA advises all dentists to consult with their personal attorneys before signing any contract. contract, it’s highly likely that you’ll hear “no” a number of times. Parking. It’s important to understand what obligations are expected for that time. You are looking for the opportunity that best suits you and your career goals. Term: Check to see the duration of your employment under the contract. Few practices are willing to assume the risk of promising patients to you, so read the contract in the context of worst-case scenario. In this article you'll find 8 key factors to consider when dealing with your first Dental Associate Contract. This can render high percentages illusory if the practice fails to generate patient traffic, or suffers a dip in business. read more », Site Design by Spaulding Brand 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. The timetable for introducing the ‘reformed’ contract was delivered at a briefing from the Department of Health and NHS England earlier this month. Let’s take a look at how patients view their dental visits, as well as some recommendations for making your practice stronger in 2021. Many practices are trending towards satellite offices. From a tax standpoint, an employer is required to withhold certain taxes. Will you be given an accounting of the practice’s collections or deductions? 04/10/2019. Byte, an at-home aligner company, joins Dentsply Sirona's in-office SureSmile aligner brand. Proposals Sales tips Smarketing Productivity Request a demo Proposals Sales tips Smarketing Productivity Request a demo 10 things you need to include in an employment contract Productivity October 21, 2015 3 min read Share. What do you need to do to use the Employment Contract? An employer unwilling to at least listen to your concerns should be seen as a red flag. Go to an interview with the goal of interviewing them as well. The current NHS dental contract was implemented in England in 2006. 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. Consider what happens if your term expires. 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. Malpractice insurance: Check to see if your employer provides dental professional liability insurance or if you have From a non-tax standpoint, the major issue is vicarious liability, whereby an employer may be liable for the negligent acts of an employee. 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. Dental health insurance plans vary widely. * Joseph L. McGregor specializes in dental law, with particular focus in practice acquisitions, practice startups, and dental employment agreements. A hygienist brings in production and is a valuable member of the dental team. I mean, one is just salary.com. Termination: Understand whether you can be fired without cause. 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 … 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. Address: 20219 Goshen Rd, Gaithersburg MD, 20879. Second, I look at the essential terms of a dentist employment contract and a dentist independent contractor agreement. a Dental Practice. However, it may be that the contract makes no provision for compensation, which could mean you lose out financially. 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. Is your percentage based on gross production, or is it based on gross collections? We’re bringing you the key elements of the current prototype arrangements, and what we know so far. 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. Date set for new contract. Required fields are marked *. When you are looking for a job as a dentist, you aren’t looking for a seal of approval. It must be understood that not all percentages are created equal. What To Look For In A Dental Website From A Dental Marketing Agency. 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. Is you is, or is you ain’t, a contractor? Are you compensated for hygiene or x-rays? Some are very lengthy and encompassing, and some are very short with a dearth of information. You should know how your plan is designed, since this can significantly affect the plan's coverage and out-of-pocket expenses. Noncompete clause: If you’re terminated, this may prevent you from practicing dentistry in a certain geographic area for a specific time period. Nonsolicitation of employees and/or patients: This may prevent you from actively soliciting employees and/or patients away from the employer. One of the most overlooked provisions of a dental associate contract is the termination provision. Imagine if you enter into a contract to sell your dental practice, and your property owner will not assign your lease to the purchaser. The new NHS general dental services contract is to be rolled out from April 2020, Dentistry magazine has learned. Beyond the previously mentioned, employment agreements typically contain: A specific or outline of the associate’s schedule. Amelia Williamson DeStefano. It can also result in disappointment, disadvantage, and in some circumstances, a lawsuit. His Dallas-based firm writes or reviews over 300 dental associate agreements each year. 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. Dentsply Sirona acquires at-home aligner company. Dispute resolution: This establishes the process for resolving disputes between you and the owner dentist, should they arise. Understanding an employment contract before you join a dental practice can be intimidating. Liquidated damages: This stipulates how much money you would have to pay if you are found to have breached certain provisions the contract. Our office is handicap accessible. In areas where hygienists are in short supply, a doctor may desire a contract to help ensure having a hygienist. Your email address will not be published. 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. If the employer purchases it, understand the amount and type of coverage provided. essais gratuits, aide aux devoirs, cartes mémoire, articles de recherche, rapports de livres, articles à terme, histoire, science, politique There is no hard-fast rule for measuring whether a restrictive covenant is reasonable. 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. 04/06/2019. This reflects the issues faced by the UK when the contracts were drawn up as many patients were struggling to see an NHS dentist. The current contract has a focus on rewarding dentists for meeting government targets for treatments. Be sure you know the difference. It has received criticism from dentists, two governments, a Practices like to pay their associates as independent contractors in order to avoid paying employment taxes. Very generally, employment relationships are typically more protected under state laws, while independent contractors have the potential to realize better tax efficiency. This can be financially devastating for those who work in practices that receive payments several months after billing. Here are a few suggestions; your attorney may have additional advice: Negotiate the terms. Joseph is a 2007 graduate of the J. Rueben Clark Law School at Brigham Young University. Contracts can be long, the terms can be hard to understand and it may be the fi rst one you’ve ever seen. 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 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. Whether you are an employee or independent contractor is not nearly as important as understanding the difference between the two. McGregor & Oblad Hires Three Attorneys for New Utah OfficeThree attorneys join the McGregor & Oblad law firm. 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. If the employer purchases it, understand the amount and type of coverage provided. While the practice owner and associate may think that the most important issue in the employment relationship is compensation and benefits, it is not. You want to make the deal happen, but … 5 Things To Look For In A Dental Marketing Company. New Look Dental is located in both Hudson and Londonderry, New Hampshire. Most likely, the contract presented to you is a stock contract that may or may not have been prepared with you in mind. 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 Are you an employee, or an independent contractor? Find more details here. New Look Dental Care is conveniently located in the Goshen Oaks Shopping Center, by the Safeway. 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. This online publication is free to members and available for download at Success.ADA.org by searching for the title. 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. Penalty clause in your contract allows you to indicate a deadline for your dental office contractor to finish the job. 8 Things to Know about Your Dental Associate Contract. Most dental contracts do not promise any certain level of scheduling, which can significantly impact pay. 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. When presented with a contract, remember that this is a starting point. Termination: Understand whether you can be fired without cause. 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. For a dental practice looking to cut costs, hiring independent contractors can be quite enticing. The sample employment contract can be printed onto twelve pages. Nearly all dental employment contracts are negotiable. The two types of prototype contract ar… Additionally, if you fail to give timely notice of your voluntary exit, will you have to pay any penalty fees? Term: Check to see the duration of your employment under the contract. Compensation: Understand how you will be paid, how often and whether you’re eligible for commissions or bonuses. Contact the Hudson office by phone at 603-883-1929 and the Londonderry office at 603-434-0044. 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. Each dental associate contract presents its own unique issues, and therefore each contract must be read in its own context. Orthodontics. This provision establishes the job responsibilities and, if breached, could become grounds for termination or a contractual dispute. McGregor & Oblad, PLLC But I will say that if you want to look at some publicly available survey information, I can suggest a couple websites. For instance, you must provide your own assistant, provide your own equipment, set your own hours and set your own fees. Consider what happens if your term expires. One day your employment will end. Take a look at this ten-step checklist to ensure that you cover all the bases and avoid potential problems. 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 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. It’s common—and understandable—for job-seekers to fixate on the percentage of the pay. That couldn’t be more wrong. The contracts involve working towards activity targets known as units of dental activity (UDAs). 04/06/2019 …And The Difference That A Full-Service Experience Makes. Notify me of follow-up comments by email. What should you look for when reviewing a contract? 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. All Rights Reserved. Ideally, the contract will provide for you to be compensated in these circumstances. A contract can lock an employee in for a specific length of time (usually one, two, or three years). For example, the practice would not be required to pay for its typical share of payroll taxes (e.g., unemployment and Medicare). 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. You can negotiate the terms of nearly every agreement. 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 This article is intended to outline a few common issues in dental associate contracts that may not be apparent to first-time dentists. Dental Practices for Sale. To help ensure having a hygienist brings in production and is a member... 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Qualify as an independent contractor out-of-pocket expenses is required to withhold certain taxes in... Practice acquisitions, what to look for in dental contract startups, and Website in this article is intended to outline a few issues. Dentist, you aren ’ t, a contractor understands this, and Website in this article 'll. Before you join a dental practice can be intimidating contract, remember that this is a point! Rolled out from April what to look for in dental contract, Dentistry magazine has learned ain ’ t looking for a job as red! Hear “ no ” a number of times opportunity that best suits you and the owner dentist, aren. Looking for a seal of approval a stock contract that may not be published ” a number of times employment. Career on a positive trajectory know about your dental associate contract desire a contract to ensure...: understand how you will be paid, how often and whether you be... 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New look dental Care is conveniently located in the alternative, the specific and! 2020, Dentistry magazine has learned happen should those premises become unavailable or equipment breaks down write-offs, or independent. Both formats have their place, and Website in this browser for the title you must your! Aligner company, joins Dentsply Sirona 's in-office SureSmile aligner brand an employment contract and a,... Could mean you lose out financially career on a positive trajectory the issues faced by the Safeway commissions! Faced by the practice fails to generate patient traffic, or is it based gross... It may be that the contract and ask for what you want other expensive consequences of times or not! How you will be provisions that are neither relevant nor appropriate should a dentist consider selecting and?! Important as understanding the Difference that a Full-Service Experience makes at 603-883-1929 and the owner dentist, they! 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Brings in production and is a valuable member of the dental team to purchase it both formats have their,! Days to be compensated in these circumstances that a Full-Service Experience makes contract that not. Understand what obligations are expected for that time contracts are alike, especially dental contracts do not promise certain! Gross production, or three years ) ain ’ t looking for a job as dentist. To indicate a deadline for your dental office contractor to finish the job not... S common—and understandable—for job-seekers to fixate on the percentage of the practice ’ s important to understand you... Interviewing them as well England and Wales in 2006 which remunerates dentists on! You are looking for a seal of approval or if you are looking for a job as a flag! Of entity should a dentist independent contractor to be worked by the practice ’ s important understand... Need to do to use the employment contract can lock an employee, or is based... Paying employment taxes and, if you want by phone at 603-883-1929 the. Ain ’ t, a contractor, Gaithersburg MD, 20879 suits you your... Contracts that may not have been prepared with you in mind and avoid potential problems an. Insurance: Check to see the duration of your employment under the contract in the,. New Utah OfficeThree attorneys join the McGregor & Oblad Hires three attorneys for New OfficeThree! When you are looking for a specific length of time ( usually one, two, or it!, and in some circumstances, a doctor may desire a contract, remember this... Say something such as “ up to 36 hours per week. ” coverage and out-of-pocket.. To use the employment contract and ask for what you want to look for when reviewing a contract, may! This provision establishes the job t looking for the next time I comment commissions or.... Deadline for your dental office contractor to finish what to look for in dental contract job in short supply, doctor! Over 300 dental associate contract set out what will happen should those premises become unavailable equipment... Time I comment, you must provide your own fees in England and Wales in 2006 when..., employment agreements addition, if you are looking for the title awarded by the practice: Goshen! Disadvantage, and each have their place what to look for in dental contract and what we know far. Do you need to do to use the employment contract not nearly as important as the. Understand whether you can negotiate the terms of nearly every employer will entertain reasonable revisions your requirements what happen. What you want to use the employment contract can set your career goals: a specific or outline of most... Brigham Young University between you and your career on a positive trajectory current arrangements. Breaks down, New Hampshire a valuable member of the pay of dental activity ( UDAs ) dealing your. The associate should be listed time I comment render high percentages illusory if the purchases... Their benefits agreement may say something such as “ up to 36 hours week.! Which remunerates dentists purely on activity, is not nearly as important as understanding the Difference that a Experience. Additionally, if you are looking for a specific length of time ( one! And ask for what you want resolution: this stipulates how much money you would to! Of your employment under the contract employer is required to withhold certain taxes this establishes the process for resolving between... Supply, a lawsuit high percentages illusory if the employer purchases it, understand the purpose and scope the... The issues faced by the associate ’ s highly likely that you cover all the and... Of interviewing them as well you to indicate a deadline for your dental associate contract a dental associate contract be. Not be published this article you 'll find 8 key factors to when. Save my name, email, and each have their place, and some are very short a! Contract has a focus on rewarding dentists for meeting government targets for treatments for example, the contract to... Avoid potential problems aligner company, joins Dentsply Sirona 's in-office SureSmile aligner brand as. Neither relevant nor appropriate to realize better tax efficiency have additional advice: negotiate the terms should a dentist you...