The Physician Contract serves as a fundamental legal document in New Zealand's healthcare sector, establishing the terms and conditions of employment between medical facilities and physicians. This contract is essential for both public and private healthcare settings, ensuring compliance with New Zealand's healthcare regulations, employment laws, and professional standards. It comprehensively addresses clinical responsibilities, professional requirements, compensation structures, and operational obligations. The document is designed to protect both the employer's interests and the physician's rights while maintaining alignment with the Health Practitioners Competence Assurance Act 2003 and other relevant legislation. This contract type is particularly crucial for healthcare organizations in managing their medical staff relationships and ensuring clear understanding of duties, obligations, and expectations in the New Zealand healthcare context.
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1. Parties: Identification of the employer (medical practice/hospital) and the physician
2. Background: Context of the agreement, including the physician's qualifications and the practice's requirements
3. Definitions: Key terms used throughout the agreement, including medical and employment-specific terminology
4. Term and Commencement: Duration of the agreement and start date, including any probationary period
5. Scope of Practice: Detailed outline of medical duties, specialties, and authorized procedures
6. Professional Obligations: Requirements for maintaining registration, continuing education, and compliance with medical standards
7. Hours of Work: Regular hours, on-call duties, and after-hours responsibilities
8. Remuneration: Base salary, additional payments, benefits, and payment structure
9. Leave Entitlements: Annual, sick, professional development, and other leave provisions
10. Professional Indemnity: Insurance requirements and coverage obligations
11. Confidentiality: Obligations regarding patient information and practice confidentiality
12. Intellectual Property: Ownership of research, developments, and medical records
13. Termination: Grounds and process for ending the agreement
14. Post-Employment Obligations: Restraint of trade and ongoing confidentiality obligations
15. Dispute Resolution: Process for resolving employment and professional disputes
1. Private Practice Rights: Terms for conducting private practice, applicable when physicians are allowed to maintain private patients
2. Research Activities: Terms regarding research participation and obligations, relevant for academic or research-focused positions
3. Teaching Responsibilities: Requirements for teaching medical students or supervising junior doctors, applicable in teaching hospitals
4. Locum Arrangements: Terms for providing or arranging locum coverage, relevant for smaller practices
5. Performance Incentives: Bonus structures and performance-based compensation, optional for practices offering additional incentives
6. Remote Work Provisions: Terms for telemedicine or remote consultations, relevant for practices offering these services
7. International Employment: Additional terms for overseas-qualified physicians requiring visa sponsorship
1. Schedule 1: Position Description: Detailed outline of clinical and non-clinical duties, reporting relationships, and key responsibilities
2. Schedule 2: Remuneration Structure: Detailed breakdown of salary components, allowances, and benefits
3. Schedule 3: Key Performance Indicators: Specific performance metrics and evaluation criteria
4. Schedule 4: On-Call Roster and Requirements: Details of on-call obligations and compensation
5. Schedule 5: Professional Development Requirements: Specific continuing education and development obligations
6. Schedule 6: Practice Policies and Procedures: Key operational policies affecting the physician's work
7. Appendix A: Medical Registration Requirements: Current registration requirements and ongoing compliance obligations
8. Appendix B: Code of Conduct: Professional behavior expectations and ethical requirements
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