Introduction:

Associate agreements are essential documents in the field of dentistry, as they outline the terms and conditions under which associate dentists work in a dental practice. These agreements not only protect the interests of both the practice owner and the associate but also ensure a smooth and mutually beneficial working relationship. In this blog, we'll discuss the most important aspects that should be included in an associate agreement for dentists.

1. Parties Involved:

Begin the agreement by clearly identifying the parties involved: the practice owner (employer) and the associate dentist (employee). Include their full legal names, contact information, and the name of the dental practice.

2. Term and Termination:

Specify the duration of the agreement, including the start date and any provisions for renewal. Define the circumstances under which either party can terminate the agreement, such as with or without cause and the notice period required.

3. Compensation and Benefits:

Detail the compensation structure, which may include a base salary, percentage of collections or production, or a combination of both. Outline the frequency of payment (e.g., monthly, bi-weekly), as well as any bonuses or incentives.

In addition to compensation, describe the benefits provided, such as health insurance, retirement plans, dental coverage, and paid time off (vacation, sick leave, holidays). Be clear about who is responsible for covering malpractice insurance.

4. Duties and Responsibilities:

Clearly define the scope of the associate dentist's responsibilities, including clinical duties, administrative tasks, and any additional duties such as marketing or community outreach.

Specify the hours of work, days of the week, and any on-call or weekend responsibilities. Include provisions regarding continuing education and professional development.

5. Non-Compete and Non-Solicitation Clauses:

Include clauses that restrict the associate dentist from competing with the practice within a specified geographical area for a certain period after the termination of the agreement. Additionally, outline restrictions on soliciting the practice's patients and employees.

6. Ownership and Patient Records:

Clarify the ownership of patient records and any intellectual property developed during the associate's tenure. Specify how patient records will be handled upon the associate's departure and any associated costs.

7. Dispute Resolution:

Establish a process for resolving disputes, whether through mediation, arbitration, or litigation, and outline the governing law for the agreement.

8. Confidentiality and Non-Disclosure:

Include confidentiality clauses to protect sensitive practice information and patient data. Ensure that the associate understands their obligation to maintain patient confidentiality and protect the practice's proprietary information.

9. Restrictive Covenants:

Incorporate any additional restrictive covenants, such as non-disparagement clauses, which prevent either party from making negative statements about the other party, whether publicly or privately.

10. Compliance with Laws and Regulations:

Emphasize the importance of compliance with all applicable federal, state, and local laws and regulations related to dental practice, billing, and patient care.

Conclusion:

Associate agreements for dentists are crucial documents that provide a clear framework for the employment relationship, protect both parties' interests, and ensure the smooth operation of the dental practice. By addressing these key aspects in the agreement, dental practice owners and associate dentists can establish a mutually beneficial working relationship built on trust and professionalism. It's advisable to consult with legal counsel experienced in healthcare and employment law to draft or review such agreements to ensure they comply with current regulations and meet the specific needs of the practice.