The Physician Independent Contractor Agreement is essential for healthcare organizations in Canada seeking to engage physicians on a contractual basis rather than as employees. This document is typically used when healthcare facilities need flexible medical service arrangements while maintaining clear distinction from employment relationships. It addresses crucial elements including service scope, compensation structures, professional requirements, and compliance with both federal and provincial healthcare regulations. The agreement is particularly relevant in situations where physicians provide services across multiple facilities or require more autonomous practice arrangements. It includes specific provisions for medical practice standards, privacy compliance, billing procedures, and professional liability, all tailored to the Canadian healthcare context.
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1. Parties: Identification of the contracting healthcare organization and the physician contractor, including professional corporations if applicable
2. Background: Context of the agreement, including the organization's need for physician services and the physician's qualifications and credentials
3. Definitions: Key terms used throughout the agreement, including medical, technical, and legal terminology
4. Scope of Services: Detailed description of medical services to be provided, including clinical duties, on-call responsibilities, and administrative obligations
5. Independent Contractor Relationship: Clear establishment of independent contractor status and disclaimer of employment relationship
6. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination by either party
7. Compensation and Billing: Fee structure, payment terms, billing procedures, and relationship with provincial health insurance plan
8. Professional Obligations: Requirements for maintaining licensing, insurance, and compliance with medical standards and regulations
9. Confidentiality and Privacy: Obligations regarding patient information, compliance with privacy laws, and organizational confidentiality
10. Insurance and Liability: Professional liability insurance requirements and allocation of risks
11. Compliance with Laws: Obligation to comply with applicable healthcare laws, regulations, and professional standards
12. General Provisions: Standard contract clauses including governing law, amendment process, and severability
1. Locum Coverage: Terms for providing temporary coverage for other physicians, used when locum services may be required
2. Teaching Responsibilities: Obligations related to teaching medical students or residents, included for academic or teaching hospitals
3. Research Activities: Terms governing participation in research projects, used in research-oriented settings
4. Equipment and Facilities: Provisions regarding use of facility equipment and spaces, included when relevant to service delivery
5. Electronic Medical Records: Specific obligations regarding EMR use and documentation, included when organization provides EMR system
6. Non-Competition: Restrictions on competitive activities, included where geographically and legally appropriate
7. Intellectual Property: Rights to medical innovations or research developed during the contract, included in research or development settings
8. Immigration Status: Requirements regarding work permits and immigration status, included for international physicians
1. Schedule A - Service Requirements: Detailed breakdown of clinical duties, hours, locations, and specific service expectations
2. Schedule B - Fee Schedule: Detailed compensation structure, including fee-for-service rates, on-call premiums, and any bonus structures
3. Schedule C - Professional Requirements: Specific credentials, licenses, and certifications required for service delivery
4. Schedule D - Insurance Requirements: Detailed insurance coverage requirements and minimum coverage amounts
5. Schedule E - Facility Policies: Key organizational policies and procedures that the physician must follow
6. Appendix 1 - Call Schedule Template: Format for documenting on-call responsibilities and rotations
7. Appendix 2 - Billing Procedures: Detailed procedures for submitting bills and obtaining payment
8. Appendix 3 - Quality Metrics: Performance indicators and quality standards for service delivery
Relevant legal definitions
Clauses
Relevant Industries
Healthcare
Medical Services
Hospital Services
Primary Care
Specialized Medical Care
Telehealth
Healthcare Education
Medical Research
Public Health
Relevant Teams
Legal
Medical Affairs
Healthcare Administration
Operations
Compliance
Risk Management
Human Resources
Finance
Medical Services
Quality Assurance
Credentialing
Relevant Roles
Medical Director
Chief Medical Officer
Hospital Administrator
Clinic Manager
Healthcare Facility Manager
Physician
Specialist Physician
Locum Physician
Head of Medical Services
Healthcare Operations Manager
Medical Department Head
Chief of Staff
Medical Affairs Director
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