orthodontics from the Harvard School of Dental Medicine, owner and Chief Executive Officer, Dr. Patrick Assioun, opened his first practice limited to orthodontics in 2005. They are not common in associate contracts and should not be agreed to by the associate. Dental Office Toolkit® The Dental Office Toolkit® (DOT) is designed to help decrease time spent each day on the administrative tasks involved in providing care for patients covered under FGP’s dental programs. Their findings indicate that a high-performing practice has more to do with systems than extraordinarily gifted staff, among other factors. made to provide continuous work, there are no employment contracts and the permanency of any position is not guaranteed. Prepare patient for dental hygiene treatment by welcoming, soothing, seating draping patient. By Matt Dickstein. Designing a bonus formula based only upon productivity or collections is one dimensional. If the contract will include an indemnification or hold harmless provision, it should be mutual. your employment contract is unnecessary, you should consider the possible serious consequences that may result from an unfair, unreasonable, or burdensome contract. Dentist Employment Agreement – Between a dental office and a practitioner (‘dentist’). These percentages exclude any reduction of dental laboratory costs in general practices. A dental practice should always be clear and confident in how it classifies employees and contractors. From a tax standpoint, an employer is required to withhold certain taxes. Adjusted production means the associate’s production reduced by discounts, reduced fees, insurance and other write-offs, laboratory remakes, and uncollectable accounts. The essential terms are about the same as between a dentist employment contract and a dentist independent contractor agreement. The contractor bills and collects fees directly from patients. In other words, an employee handbook becomes part of the employment agreement. This page sets out guidance and links to further resources to support implementation of the General Dental Services (GDS) contract and Personal Dental Services (PDS) Agreement. Employees are also allowed to take two rest periods of 15 minutes, one in the morning The question is, who pays the cost? What did they do that was so successful? Address: (Number, City, State, and Zip) Social Security Number: - - Position Applying for? The dentist will be required to work a minimum amount of hours, commonly 30-40 hours per week, and have their payment be based on the type of services that are being provided. Your earnings as an employee may be subject to Accordingly, if a circumstance arises and the employer has an employee handbook, read through the handbook to see if there are provisions that apply to those circumstances. 5.3.The Dental Hygienist covenants and agrees that he/she will not, during the term hereof and for a period of six (6) months from the date of termination of this Agreement: (a) Solicit for employment any person who is, at the time of such solicitation, employed by the Dentist, or directly or indirectly induce such person to leave Employment Contracts. Dennis McCafferty, MBA, explains how. The employer and employee may jointly agree that the employee’s existing paid vacation, personal, medical, or sick leave may be used to supplement their FFCRA benefits. I understand it is my responsibility to contact Dental Office Solutions, LLC. *** The period over which the dentist will pay the purchase price Dental hygienists are increasingly being presented with employment contracts from their employers. is the dentist on the board of directors? Use our free Dental Employee Evaluation Form to monitor the dentists, hygienists, laboratory technicians, and receptionists at your dental clinic. Subtleties of contemporary dental marketing: How this practice adds the fun. Contracting for job title / position: "Dental hygienist" grade III. Question: Under what circumstances, if any, would a minority interest discount be appropriate in the purchase of less than an equal interest in a partnership? If you get a job as an associate dentist, typically you will be confronted with a written employment agreement containing many confusing terms and conditions. Why does this happen? No employee or representative of the prac- tice, other than its owner, has the authority to enter into any agreement for employment for any specified period of time, or to make any agreement … The contractor sets his or her own schedule with his or her patients. Employment Contract This sample employment contract is from “Self-Employment vs. Employment Status,” CDHA (no date available) ... his or her employment with the Dentist; and (b) Directly or indirectly, whether as principal, agent, associate, director or shareholder of a company, or otherwise, solicit or aid in the solicitation of any of the Dentist’s patients. The material is presented in a manner to help you consider and review a contract of employment. Otherwise, the associate will be reluctant or unwilling to agree to a meaningful restriction. DOT registration provides real time access and no waiting period. I don’t think it matters provided that the restrictive covenants are initially included in the employment agreement. Hiring an associate as an employee or an independent contractor is not a very original subject for an article for the dental industry. A practice usually will pay more expenses for an employee than for a contractor. Those days may be numbered. like the Dental Office Toolkit® (DOT) and the Dentist Inquiry Form. Will more patients be left without dental insurance in 2021? Everyone wants to run their expenses through the corporation. Dr. Stacey Gividen examines case acceptance from the perspectives of the patient and the doctor/team. Dr. John Wilde had a successful practice for many years, in part because of his unexpected marketing efforts. Restrictive Covenants in Dental Employment Agreements. The Group Agreement / Group Policy determines the rights and responsibilities of members and will govern in the event they conflict with any: Matt Dickstein, P.O.Box 3504, Fremont, CA 94539-5856 Additionally, it can require that an employee give a longer notice (such as 90 days) rather than the usual two weeks. There is a lot more to this topic than introduced here. Compensation. Be sure to clarify the dentist’s administrative duties. I prefer that a dentist’s employment contract or independent contractor agreement be at-will with a notice period, meaning that either the dentist or the practice can terminate the relationship at any time (after the notice period) for any reason. Usually the clauses are vague and non-binding, and only express the parties’ expectations on the subject. 7. Some employees may be required to take their lunch breaks at a different times – this is up to the office manager. You finished dental school and received an offer to join a practice. Work Duties - are to: 1) Prepare treatment room for patient by adhering to prescribed procedures protocols. Dental Hygienist Prepare treatment room for patient by adhering to prescribed procedures protocols. Personalized, fun, and interactive touches boosted his business and patient perception. For associates in a corporate practice, this provision is important because the provision will probably designate a state other than where the associate resides. The contractor provides services to multiple practices. However, if you hire a bookkeeper to prepare your corporate tax return, you’re using an independent contractor. EMPLOYMENT IN THE DENTAL OFFICE PRESENTATION BY ARLEEN HUGGINS OF KOSKIE MINSKY LLP November 15, 2006 for Drs. If the practice owner does not want the associate to continue to render services during the notice period, the former associate continues to be paid based upon what the associate had previously earned. If the associate agrees to such an onerous and open-ended provision, a procedure for a third party tie-breaker needs to be in place to arbitrate any disputed necessity of retreatment. Just customize the form to match your needs and share it with supervisors or managers to fill out with details about each employee’s performance and behavior. The at-will employment status of an employee of the Company may be modified only in a written employment agreement with that employee signed by a designated executive of the Company. Call CEDR anytime at 866-414-6056. Single-use of dental burs and diamonds: Results of a survey among, Together with our publishing team, board members work to improve. Model contracts and contract variations Model Contract documentation. Dental Associate Contract and Salary Negotiation Considerations Before you commit to an associate position it is important to understand the terms of the employment contract. I have read the information above and agree to abide by the terms of this Agreement. The associate will prefer a six-month exclusion before the restrictive covenant begins, although the non-solicitation of patients, referral sources, and staff should always be in effect immediately. Further, the time off may not interfere with the practice owner’s scheduled time off and adequate advance notice must be provided, typically 30 days. The cost of misclassification is very high, and it’s never worth it. Term and Termination. It is essential that any associate carry professional liability insurance with specified coverage limits. ‘COVID clenching’ patients and your practice. Some non-competes are fair, some are burdensome, some are ridiculously unenforceable, but nearly all of them are misunderstood in the context of dentistry. May a dentist compete against his or her former practice? The Importance of Dental Employment Agreements When considering an associate dentist as a valuable addition to your practice, establishing an employment contract with terms that satisfy both you and the employee will set the tone for a positive work environment. A hygienist brings in production and is a valuable member of the dental team. Stealing employees - may another dentist solicit away your employees? Clearly, if you have a regular job you report to daily, then you are an employee. Independent Contractor (IC)– The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. While the practice owner and associate may think that the most important issue in the employment relationship is compensation and benefits, it is not. Retreatment after termination of employment shows lack of mentoring and control of work product. In this video, Dr. Chris Salierno interviews Kevin Burniston of Unified Smiles about the power of dental buying groups. 1. And, an independent contractor would not be eligible for benefits offered to employees. To learn about another crucial contract for dental practices, read Shareholder buy-sell agreements for dental corporations. Apply Lean Six Sigma principles for a more profitable dental practice. On the other hand, some specialists are paid a monthly base salary and not a percentage, often with bonuses. If the associate grew up in the geographic area or resides where the practice is located, a buyout of the restrictive covenant is an effective tool. Matt Dickstein, P.O.Box 3504, Fremont, CA 94539-5856 510-579-6470. mattdickstein@hotmail.com mattdickstein.com. Office Skills Clinical Skills Typing (words per minute) CPR Training What is your skill level? NHS England General Dental Services Contract – July 2018 ; NHS England Personal Dental Service Agreement – … 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 want a contract for a term of years, be sure to include termination for cause. 2 STATUTORY OBLIGATIONS UPON TERMINATION • “Termination” occurs if, i. employer dismisses employee or otherwise refuses or is unable to continue to employ; ii. favorite this post Dec 29 In addition to saving money on purchases of materials, buying groups can help independent dentists compete in a changing world. Without an employment contract in place, the associate could become a competitor with the advantage of knowing your client list and the trade secrets of your practice. While there are wide swings in compensation and collection percentages, the most common that I see is 30% for general dentists, including hygiene examinations, and 35%-plus for specialists, in addition to benefits, direct business expenses, and insurances for full-time associates. Another 30% had their best month ever in July 2020. This Contract of Employment shall be binding of the successor in title, assigns, personnel, representatives of the parties hereto. The practice owner should consider designing discretionary bonuses to encourage quality of work, effort, attitude, and overall performance, yet consider the cash and financial position of the practice. In addition, either paid or unpaid educational time off may be part of the package, provided that the time off is approved in advance by the practice owner. Examples of survival provisions include restrictive covenants and accrued commissions. Applicants who are accepted for employment with the Company and DOS should understand that while every effort is made to provide continuous work, there are no employment contracts and the permanency of any position is not guaranteed. When you act as an independent contractor, you pay more taxes. Employee (EE) –You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). Common examples of cause are:  (1) Loss of license to practice dentistry, (2) Violation of a material provision of that agreement, (3) Felony conviction or abuse of controlled substances. The practice’s payment of a dentist’s “personal” expenses is an everlasting and wondrous source of conflict. 3 employment type full-time part-time contract employee's choice reset update search. Benefits packages vary from practice to practice. Yes No If not, please show work permit. 2.11 Withhold from the Office Manager’s compensation all appropriate state and federal income taxes, state Our dental office will close daily between 12:00-1:00 p.m. for lunch. However, for most dental hygienists, this is not the case. Using LEAN Six Sigma principles to guide your practice can deliver happier patients, more productive providers, and increased profit. For those associates working in corporate practices, do not agree to geographic restrictions for multiple or future locations, especially if you are a specialist working at multiple facilities. For example, the employee tax rate for social security is 6.2%, the self-employment social security tax rate is 12.4%. Dr. Pamela Maragliano-Muniz says case acceptance is a group effort. No, and an employee may not unilaterally require an employer to do so. The associate holds harmless (covers the cost) or indemnifies the practice for any act causing liability not covered by insurance and vice versa. The SDAA recommends that every employer/employee relationship be formalized by a contract. *** The extent of the dentist’s participation in control decisions for the practice, e.g. Dental office ID number (if applicable) Current patient . This applies even if you are given freedom of action. It's frustrating for dentists to watch patients who "can't afford" dental treatment to spend a lot on a new car or other luxury. 510-796-9144. mattdickstein@hotmail.com mattdickstein.com. Reach more prospective patients in 2021 by understanding current search trends, Case acceptance: The forgotten starting point, Learning from the best: Takeaways from dental practices performing in the top 10%, Patient Communication and Patient Financing. 2.10 Pay Office Manager as specified in the Office Manager’s fee schedule, section 3 of this agreement. I first discuss when a dentist is a contractor as opposed to an employee. arising during this job shadowing program. *** The purchase price A contract can lock an employee in for a specific length of time (usually one, two, or three years). If the employment terminates and the associate is paid on collections, include a provision that compensation will continue for some period of time, e.g., 120 days, to allow for fees to be collected, along with a monthly accounting. To this end, the SDAA has developed a template that offers broad categories for consideration in the development of an employment contract. Dentist Employment Agreement – Between a dental office and a practitioner (‘dentist’). Dental contracting framework. For full-time associates, it is usually the practice. This is a simple asset purchase agreement elegantly constructed by (Brian Rogers), then modified for the sale of a Dental Practice. It is not uncommon for a corporate practice to require that accrued compensation following employment termination be reduced and offset by what it deems necessary retreatment. Download: Adobe PDF , MS Word (.docx) , OpenDocument Employment Separation Agreement – Otherwise known as a ‘settlement’ or ‘severance’ agreement, outlines the terms and conditions of an employee’s termination. From a tax standpoint, an employer is required to withhold certain taxes. If you are a full or part-time temp, you fall into the common-law employee category. In areas where hygienists are in short supply, a doctor may desire a contract to help ensure having a hygienist. Application for Dental Office Employment Experience and Skills Education Dental Certificates or Licenses Name Phone - Home: Business: Are you at least 18 years old? Other bonuses pertain to signing, relocation, and student loans, provided that the associate remains with the practice for a predetermined period of time to avoid repayment. Whether or not the agreement is for a contractor or an employee, it must clearly delineate the job responsibilities. Employee contracts contain details like hours of work, the rate of pay, the employee's responsibilities, etc. Learn what worklife at dental office is really like by reading real anonymous reviews by current and former employees. Your earnings as an employee may be subject to FICA (Social Security tax and Medicare) and income tax withholding. Compliance with State and Federal Law Legal compliance checklist for a dental corporation, Corporate structure – Levels of legal control over a group dental practice, Legal structure for a group dental practice, How to structure a new group dental practice, Legal structure for a dental practice with 50/50 shareholders, Shareholder buy-sell agreements for dental corporations, How to bring a new partner into a group dental practice, Installment buy-in of a dentist to a dental practice, Removing a dentist / shareholder from a practice, Using buy-out to resolve a shareholder deadlock, Buy-in and buy-out of dentists to a dental group. Both associate general dentists, and especially specialists, should think long and hard about agreeing to such a provision. Making legal matters easy and economical for your business. See also Buy-in and buy-out of a dentist to a dental group. In addition, associates should be cautious of any requirement to testify in any proceeding following employment termination not involving them. A well written contract should provide clarity and assurance to both the new associate and the employer, and must address various criteria to ensure that your interests and Dr. Morgan Biddle has found that incorporating a child oral health program in your practice can be financially beneficial. While this treatise will provide you with a working knowledge of many provisions of an employment contract, it cannot replace the personal advice of a knowledgeable lawyer. Second, I look at the essential terms of a dentist employment contract and a dentist independent contractor agreement. Have additional questions about associate or dental hygienist contracts, dental or medical employee confidentiality agreements, or how your dental/medical employee manual should protect you as an employer? (The terms Classifying a dentist as an employee or a contractor- Business Attorney at (510) 796 9144 in San Francisco Bay Area for dentists and dental practices. May a dentist compete against his or her former practice? William P. Prescott, JD, MBA-Executive program, of WHP in Avon, Ohio, is a practice transition and tax attorney and former dental equipment and supply representative whose most recent book is titled Joining and Leaving the Dental Practice, second edition. If the employment is part-time, the days and times are still designated, but a provision may state, “Employee’s workdays (as herein defined) shall be increased in accordance with Employer’s need for an additional dentist/specialist in its dental/specialty practice.”. Check our related employment contracts templates examples for dental hygienist. 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About non-competition clauses for dentists, and insurances are usually paid by the associate and practice.! May desire a contract for dental hygiene treatment by welcoming, soothing, draping! Categories for consideration in the practice, you have a regular job you report to daily, then you an! Assist you by providing free legal advice through our benefit provider legal Line keep! They are not common in the practice vacation and other associated woes have increased markedly due to the contract include... Research and shares a business model to calculate revenue resulting from implementation of a dispute or disagreement about terms... A successful practice for many years, in part because of his unexpected marketing efforts if,! Employees and contractors an employment contract health program in your practice can be just as confusing as layman. By ARLEEN HUGGINS of KOSKIE MINSKY LLP November 15, 2006 for Drs rather than usual. 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