Dental offices are not always solo practices. In some cases, as your business grows, you may want to bring on another licensed dentist who can take on some of your clients. Before you hire anyone, however, you should have a dentist’s employment contract in mind. This will help you and the new dentist know what to expect from the working relationship. It will also help you to uphold the standards of your dentistry practice.

So how do you draft a dentist employment contract? It may not be as daunting as it seems. Here’s what you need to know about hiring a new dentist and drafting a dentist employment contract.

What is a Dentist Employment Agreement

A Dentist Employment Agreement is a legally binding contract between a dentist and an employer, typically a dental practice or healthcare facility. This agreement outlines the terms and conditions of the dentist's employment, including their job responsibilities, compensation, benefits, and other important details related to their work.

Here are the key components typically included in a Dentist Employment Agreement:

1. Parties: Identifies the parties involved, including the employer (the dental practice or healthcare facility) and the dentist (the employee).

2. Effective Date: Specifies the date when the employment agreement becomes effective.

3. Job Title and Description: Defines the dentist's job title and provides a detailed description of their roles and responsibilities, including clinical duties, patient care, administrative tasks, and any specialized services.

4. Compensation: Outlines the dentist's compensation package, including:
   • Base salary or hourly rate.
   • Bonus or incentive structures, if applicable.
   • Frequency of payment (e.g., biweekly or monthly).

5. Benefits: Describes the benefits provided to the dentist, such as:
   • Health insurance.
   • Dental coverage.
   • Retirement plans (e.g., 401(k)).
   • Paid time off (e.g., vacation and sick leave).

6. Work Schedule: Defines the dentist's regular work hours, days off, and any on-call or emergency duty requirements. It may also address flexibility in scheduling.

7. Term of Employment: Specifies the duration of the dentist's employment, whether it's for a fixed term (e.g., one year) or ongoing until terminated by either party with notice.

8. Termination: Clarifies the conditions under which either party can terminate the employment agreement. This section typically includes notice periods and reasons for termination (e.g., for cause or without cause).

9. Non-Compete and Non-Solicitation Clauses: May include clauses that restrict the dentist from practicing within a specific geographic area or soliciting the employer's patients or staff after leaving the practice.

10. Licensing and Credentialing: Addresses the dentist's responsibility to maintain necessary licenses, certifications, and credentials during employment and outlines the employer's support in meeting these obligations.

11. Continuing Education: Details any continuing education requirements and the employer's commitment to supporting the dentist's professional development.

12. Duties and Responsibilities: Clearly specifies the dentist's professional obligations, including adherence to ethical and legal standards, patient confidentiality, and compliance with relevant regulations.

13. Malpractice Insurance: Indicates whether the dentist is required to maintain malpractice insurance and specifies who covers the cost.

14. Patient Records and Data Ownership: Clarifies ownership and access to patient records and data, especially in the event of the dentist's departure.

15. Dispute Resolution: Describes the process for resolving disputes or disagreements, which may include mediation or arbitration.

16. Confidentiality and Non-Disclosure: Includes provisions regarding the confidentiality of patient information, proprietary practice information, and trade secrets.

17. Governing Law: Specifies the governing law under which the agreement will be interpreted and enforced.

18. Amendments and Entire Agreement: Outlines how the agreement may be amended in the future and states that the written agreement represents the entire understanding between the parties.

19. Signatures and Execution: Provides spaces for the signatures of both parties and the date of execution. It's essential for both the dental practice and the dentist to sign and date the agreement.

A Dentist Employment Agreement serves as a critical document to ensure clarity and protect the rights and responsibilities of both the employer and the dentist in the employment relationship. Legal counsel may be advisable when drafting or reviewing such agreements to ensure compliance with local laws and regulations.

What To Include In Dentist Employment Agreement

Creating a Dentist Employment Agreement is a complex task that requires careful consideration of various factors. Here are the key elements to include in a Dentist’s Employment Agreement:

1. Parties and Effective Date:

• Identify the parties involved: the employer (dental practice) and the dentist (employee).

• Specify the effective date of the agreement.

2. Job Title and Description:

• Clearly state the dentist's job title and provide a detailed description of their roles and responsibilities, including clinical duties, patient care, administrative tasks, and any specialized services.

3. Compensation and Benefits:

• Detail the dentist's compensation package, including:
  • Base salary or hourly rate.
  • Bonus or incentive structures, if applicable.
  • Benefits such as health insurance, dental coverage, retirement plans, and any other perks.
  • Terms for expense reimbursement, if applicable.

4. Work Schedule and Hours:

• Define the dentist's work schedule, including regular hours, days off, and any on-call or emergency duty requirements.

5. Term of Employment:

• Specify the duration of employment, whether it's a fixed term (e.g., one year) or ongoing until terminated by either party with notice.

6. Termination and Notice:

• Clarify the conditions under which either party can terminate the agreement, including notice periods and reasons for termination (e.g., for cause, without cause).

7. Compensation During Termination:

• Describe the compensation or benefits the dentist will receive upon termination, including severance pay, unused paid time off, and continuation of certain benefits.

8. Non-Compete and Non-Solicitation Clauses:

• Include any non-compete or non-solicitation clauses that restrict the dentist from practicing in a specific geographic area or soliciting the employer's patients or staff after leaving the practice.

9. Licensing and Credentialing:

• Address the dentist's responsibility to maintain necessary licenses, certifications, and credentials during employment and the employer's support in meeting these obligations.

10. Continuing Education:

• Outline any continuing education requirements and the employer's commitment to supporting the dentist's professional development.

11. Duties and Responsibilities:

• Specify the dentist's professional obligations, including adherence to ethical and legal standards, patient confidentiality, and compliance with relevant regulations.

12. Malpractice Insurance:

• Indicate whether the dentist is required to maintain malpractice insurance and specify who covers the cost.

13. Patient Records and Data Ownership:

• Clarify ownership and access to patient records and data, especially in the event of the dentist's departure.

14. Dispute Resolution:

• Describe the process for resolving disputes or disagreements, including mediation or arbitration.

15. Confidentiality and Non-Disclosure:

• Include provisions regarding the confidentiality of patient information, proprietary practice information, and trade secrets.

Remember that legal and industry-specific considerations can vary by location and specialty, so it's crucial to consult with legal professionals and experts in dental employment agreements to ensure compliance with applicable laws and regulations.

Additional Points to include in Dentist Employment Agreement

In addition to the key components outlined in a Dentist Employment Agreement, there are several additional points and considerations that you may want to include to make the agreement more comprehensive and tailored to the specific needs of your dental practice or employment arrangement. Here are some additional points to consider:

1. Dental Equipment and Supplies: Specify who is responsible for providing and maintaining dental equipment, instruments, and supplies. Clarify any cost-sharing arrangements or equipment use policies.

2. Productivity and Performance Metrics: If applicable, define productivity expectations and performance metrics for the dentist, such as patient caseload targets, treatment plan completion goals, or patient satisfaction benchmarks.

3. Professional Memberships: Address any requirements or expectations related to professional memberships, associations, or affiliations that the dentist should maintain or pursue.

4. Professional Liability Insurance: Detail the dentist's obligation to maintain professional liability insurance (malpractice insurance) and provide proof of coverage to the employer.

5. Ownership of Patient Base: Clarify whether the patient base established by the dentist during employment remains the property of the dental practice or if there are any revenue-sharing arrangements upon the dentist's departure.

6. Continuity of Care: Describe the process for ensuring continuity of care for patients in the event of the dentist's absence, resignation, or retirement. This may include transition plans and patient notification procedures.

7. Clinic Policies and Procedures: Refer to the dental practice's policies and procedures manual or handbook for specific clinic rules, protocols, and standards of care that the dentist should adhere to.

8. Equipment and Facility Maintenance: Outline responsibilities for the maintenance and upkeep of the dental facility, including repairs, renovations, and safety compliance.

9. Employee Benefits and Perks: Specify any additional employee benefits or perks offered by the dental practice, such as continuing education stipends, parking allowances, or wellness programs.

10. Quality Assurance and Peer Review: Describe any quality assurance or peer review processes in place to evaluate and enhance the quality of dental care provided by the dentist.

11. Patient Complaints and Resolution: Provide guidelines for handling patient complaints and disputes, including the dentist's role in addressing patient concerns.

12. Employee Handbook Acknowledgment: Require the dentist to acknowledge receipt of the dental practice's employee handbook and confirm their understanding and compliance with its policies.

13. Non-Discrimination and Equal Opportunity: Emphasize the dental practice's commitment to non-discrimination and equal opportunity in employment and patient care.

14. Record-Keeping and Documentation: Specify record-keeping and documentation requirements, including electronic health records (EHR) usage and compliance with relevant privacy and security regulations (e.g., HIPAA).

15. Emergency Preparedness: Outline emergency response procedures within the dental practice, including protocols for handling medical emergencies and natural disasters.

16. Mediation and Arbitration: If desired, include provisions for mediation or arbitration as alternative dispute resolution methods before resorting to litigation.

17. Confidentiality of Employment Terms: Specify that the terms and conditions of the employment agreement are confidential and should not be disclosed to third parties.

18. Severability Clause: Include a severability clause stating that if any part of the agreement is found to be unenforceable, the remaining provisions remain in effect.

19. Integration Clause: Reiterate that the written agreement constitutes the entire understanding between the parties and supersedes any prior oral or written agreements.

20. Applicable Law and Venue: Specify the jurisdiction where disputes arising from the agreement will be resolved and the applicable laws governing the agreement.

It's important to customize the Dentist Employment Agreement to suit the specific needs, policies, and expectations of your dental practice and to consult with legal professionals to ensure compliance with relevant laws and regulations. Additionally, consider the unique circumstances of your employment arrangement and the dentist's specialty when including additional provisions in the agreement.

How To Write a Dentist Employment Agreement

Writing a concise Dentist Employment Agreement while covering essential terms can be achieved in nine steps. Here's a simplified guide:

1. Title and Introduction:

• Begin with a clear title like "Dentist Employment Agreement."

• Introduce the agreement, mentioning the parties involved (employer and dentist) and the effective date.

2. Employment Details:

• Specify the dentist's job title and responsibilities briefly.

3. Compensation:

• Describe the dentist's compensation, including:
  • Base salary or hourly rate.
  • Bonus or incentive structures, if any.
  • Frequency of payment (e.g., biweekly).

4. Work Schedule:

• Define the work schedule, such as regular hours and days off.

• Mention any on-call or emergency duty requirements.

5. Term and Termination:

• State the employment term (e.g., one year) and the process for renewal or termination.

• Include notice periods and reasons for termination.

6. Benefits:

• Outline any benefits provided, like health insurance, dental coverage, retirement plans, and paid time off.

• Specify eligibility and any waiting periods.

7. Non-Compete and Confidentiality:

• Briefly mention any non-compete or non-solicitation clauses.

• Highlight the importance of patient and practice confidentiality.

8. Governing Law and Dispute Resolution:

• Specify the governing law for the agreement.

• Describe the process for resolving disputes or disagreements (e.g., mediation or arbitration).

9. Signatures and Execution:

• Provide signature lines for both parties (employer and dentist).

• Include a space for the date of execution.

• Encourage both parties to seek legal counsel if needed.

While this simplified agreement covers essential terms, it's important to consult with legal professionals to ensure compliance with local laws and regulations. Additionally, more comprehensive agreements may be required for certain employment arrangements or specialized dental practices.

Sample of Dentist Employment Agreement