Orthodontists seeking employment opportunities must navigate complex legal considerations when entering into employment agreements with private practice owners or big corporate dental organizations. As an attorney experienced in ortho employment agreements, I’ve advised many orthodontists on the nuances of employment contracts. Here, I’ll discuss the key legal considerations for orthodontists entering into employment agreements. Here are some of the key things to look at–
1. Compensation and Benefits:
- Clarify the orthodontist’s base salary, incentive bonuses, and benefits package, including health insurance, retirement plans, and continuing education allowances.
- Ensure that the compensation structure aligns with industry standards and reflects the orthodontist’s skills and experience.
2. Scope of Practice:
- Define the orthodontist’s scope of practice within the employment agreement, including the types of orthodontic treatments they are authorized to perform.
- Address any restrictions on the orthodontist’s ability to pursue outside practice opportunities or engage in competitive activities.
3. Term and Termination:
- Specify the term of the employment agreement and any provisions for renewal or termination.
- Include provisions outlining the circumstances under which either party may terminate the agreement, such as breach of contract, disability, or changes in practice ownership.
4. Non-Compete and Non-Solicitation Provisions:
- Consider whether to include restrictive covenants prohibiting the orthodontist from practicing within a certain geographic area or soliciting patients and referral sources after termination of employment.
- Ensure that these provisions are reasonable in scope, duration, and geographic reach to be enforceable under state law.
5. Professional Liability Insurance:
- Clarify whether the employer will provide professional liability insurance coverage for the orthodontist and the extent of coverage provided.
- Ensure that the orthodontist is adequately protected against liability claims arising from their professional practice.
6. Dispute Resolution:
- Include provisions for resolving disputes that may arise under the employment agreement, such as mediation, arbitration, or litigation.
- Specify the applicable law governing the interpretation and enforcement of the agreement.
7. Compliance with Regulatory Requirements:
- Ensure that the employment agreement complies with state and federal laws governing healthcare providers, including Stark Law, Anti-Kickback Statute, and HIPAA regulations.
- Address any licensure, credentialing, and certification requirements necessary for the orthodontist to practice lawfully.
It’s important for orthodontists considering employment opportunities to carefully review and negotiate employment agreements to protect their interests and ensure compliance with legal requirements. By working with experienced legal counsel, orthodontists can navigate the complexities of employment agreements with confidence and safeguard their professional careers. You can also focus on looking ahead and set yourself up for the next opportunity.