DOCUMENTATION CHECKLIST
The practice owner hires an optometrist to provide professional services to patients of record of the practice owner.
The associate does not obtain ownership interest in the assets of the practice.
- 1. Form of Agreement
- One written document / signed / dated
- . Relationship of Parties
- Employee / employer
b. Independent contractor / practice owner
- Terms of Agreement
- Compensation- flat fee / percentage; collections / production
- Benefits
- Job duties
- Taxes
- Employee- withholding
- Independent Contractor- no withholding
- Expenses
- Overhead
- Supplies
- Inventory / lab
- Flat cost or production based
- Ownership Interest
- Patient records- who owns, who can copy, what happens upon termination
- Equipment, supplies, computer data, telephone numbers
- Income / Production / Collections
- Mechanics / bookkeeping / records / billings
- Management Duties
- Hire / fire support staff
- Who sets patient schedule
- Insurance - Malpractice / Office package / Workers Comp / Overhead / Disability
- Insurance costs
- Insurance – cross verification
- Indemnification- cross
- Termination / Death / Disability / Sale / Option to Purchase / Right of First Refusal
- Covenant Not to Compete
- Valid for sale of practice / goodwill – Business and Professional Code Section 16600, et seq
- Anti-Solicitation Clause
- Valid as to separate identified patients
- Mechanics
Reprinted with permission of the Goldman law Firm, Two Rincon Center, 121 Spear Street, Suite 212, San Francisco, Ca. 94105 [415] 357-2940 Fax [415] 357-2949 1996