Dentist Contract Review: Attorney Review of Dental Contracts

Chelle Law provides Dentist Contract Review for dentists entertaining a new dental job (in a new state) or renegotiating an existing dental contract. You have worked hard to develop your skills and deserve to advance in your professional career with a fair market value dental agreement based on equitable terms. So, when you are about to enter into a dental contract, getting dental covenants reviewed before signing with a new business is vitally important.

The terms of dental covenants will impact your load of patients, practice setting and your day-to-day life. Attorney Robert Chelle reviews your dental contract’s content, identify the areas that could be improved and assist you in obtaining the best dental contract possible. Each provider that requests Mr. Chelle’s assistance with dental agreement analysis receives:

• Available in any state
• Flat-rate pricing, with no hidden costs
• Review of your proposed dental agreement
• Phone consultation with Attorney Robert Chelle reviewing the dentistry contract term by term
• Follow up with a summary of the needed clarifications

These touchstones are even more crucial when applying their roles to the case of a dentist employed by a dental group, or other dental provider.  The present day conclusion is simple: A dentist should not sign dentistry contracts in any state without having the content of the dental agreement reviewed by legal counsel.  For instance, to ensure ADA compliance, associate compensation, disability insurance, student loans, malpractice, associate training, member marketing guidance, etc. 

Dentist Contract Checklist Reviews and Legal Information

Each dentists’ contract is unique.  However, nearly every dental contract for dentistry professionals should contain several essential terms regardless of what state it is in.  If these essential terms are not spelled out in the dental employment agreement, disputes can arise based on disagreements between the employer and employee as to the details of the specific term.

For instance, if the DDS or DMD is expecting to work at the practice Monday through Thursday and the employer is expecting the provider to work Monday through Friday, but the specific workdays are absent from the Dentistry Agreement; who prevails?  Spelling out the details of your job is crucial to avoid conflicts during the term of your employment. We can analyze dentist contract clauses for each new associate.

Essential Terms for Legal Review

Below is a checklist of essential terms that contracts should contain (and a brief explanation of each term):

1. Services Offered: What are your patient care duties for the dental practice? Are you given time for administrative tasks?
2. Patient Care Schedule: What days and hours per week are you expected to provide patient care and have contact with patients?
3. Locations: Which dental practice or facilities will you be based at to provide care at (outpatient clinic, surgical sites, in-patient services, etc.)?
4. Outside Activities: Are you permitted to pursue moonlighting or locum tenens opportunities? Do you need permission from the employer before you accept those positions?
5. Call Schedule: How often are you on call with the dental practice (after hours office call)?

Dentistry Contract Benefits

1. Electronic Medical Records (EMR): What EMR system is used? Will you receive training prior to providing care?
2. Base Compensation: What is the annual base salary? What is the pay period frequency?  Does the base compensation increase over the term of the Dental Agreement?
3. Productivity Compensation: If there is productivity compensation for the associate; how is it calculated (wRVU, net collections, patient encounters, etc.)?
4. Benefits Summary: Are standard benefits offered: health, vision, dental, life, disability, retirement, etc.?
5. Paid Time Off: How much time off is offered? What is the split between vacation, sick days, CME attendance and holidays? are you free to take time off whenever you want?
6. Continuing Medical Education (CME): What is the annual allowance for CME expenses and how much time off is offered?
7. Dues and Fees: Which business expenses are covered (licensing, DEA registration, privileging)?
8. Relocation Assistance: Is relocation assistance offered? What are the repayment obligations if the Dental Agreement is terminated prior to the expiration of the initial term?
9. Signing Bonus: Is a signing bonus offered? When is it paid?
10. Professional Liability Insurance: What type of professional liability insurance is offered: claims made, occurrence, self-insurance?

Professional Liability in Dental Associate Agreements

1. Tail Insurance: If tail insurance is necessary for the dental associate, who is responsible to pay for it when the Dental Agreement is terminated?
2. Term: What is the length of the initial term? Does the Dental Agreement automatically renew after the initial term?
3. For Cause Termination: What are the grounds for immediate termination for cause?
4. Without Cause Termination: How much notice is required for either party to terminate the Dental Agreement without cause?
5. Post Termination Payment Obligations: Will you receive production bonuses after the Dental Agreement is terminated?

Restrictive Covenants in Contracts

1. Non-Compete: How long does the non-compete last and what is the prohibited geographic scope?
2. Non-Solicitation: How long does it last and does it cover employees, patients, and business associates?
3. Notice: How is notice given? Contact via email, US mail, etc.?
4. Assignment: Can the Dental Agreement be assigned by the employer?
5. Venue:  Where will litigation and any law conflicts be heard?
6. Alternative Dispute Resolution: If there is a conflict, will mediation or arbitration process be utilized? Who decides what attorney oversees the process? Will it be a health care attorney?

How to Get out of a Dental Agreement with a Non Compete

Non compete in dental agreements were originally considered as restraints of trade, and thus were invalid on the grounds of public policy at common law; however, many restraints of trade incident to employment contracts were upheld based on the rule of reason.  Thus, restrictive covenants between dentists not to compete after termination of employment are generally enforceable as long as it is reasonable.

However, there are a few states which prohibit health care provider non compete clauses.  Please check your state laws for dental non compete agreements to see what the specific rules for your state are.  The general test for reasonableness of non-competition agreements holds that on termination of employment, a covenant  which restrains an employee from competing with his former employer is termed reasonable if:

• The restraint is not more than required for protecting the employer,
• It does not inflict any untold of hardships to the employer, and
• The restraint is not injurious to the public.

Unreasonable Non Compete Practices in a Dental Employment Contract

For instance, in Ohio, a non-competition clause was unreasonable when it was noted that a provider’s sub-specialty was uncommon, and that it would be harsh if the restrictive covenant was enforced as the hospital where he was precluded from practicing was only one of the few institutions in the area where he could practice his specialty.

Thus, in Ohio, covenants restraining providers from competing with his employer upon termination is considered unreasonable if it inflicts untold of hardship on the professional, is injurious to the public, if the demand for the dentist’s medical expertise is important for the community people and if the dentist’s services are important for the health, care and treatment of public.  However, non-competition clauses for dentists, in general, are enforceable as long as they protect some of the employer’s legitimate interests.

Dental Agreements Pitfalls: Disorganized Practice, Malpractice Insurance, Lack of Associate Resources

Dentists face much risk when they take the review of contracts into their own hands. Dental contract terms are highly negotiable and have a great impact not only on professional life and practice but also on lifestyle, family and the future.  There are many important dental contract terms and clauses which can provide and present new complex and diverse issues for any DDS or DMD, including:

• Unfavorable call schedules
• Small Production Bonuses
• Lack of Benefits
• Not enough paid-time-off
• Not enough vacation time
• Unfair Non-Compete
• Inadequate professional liability coverage

Dental Contract Lawyers

When dental contracts are reviewed by an experienced lawyer, you will find great financial benefits which end up outweighing the cost of the contract’s review.  If you are in need of legal assistance with a dental contract review schedule a review with Chelle Law today!