What is Locum Tenens Agreement Drafting?
A locum tenens agreement is a legal contract defining how a physician will conduct work on a temporary basis for a medical facility. It must include essential information about their role, compensation, expenses, and more.
In the rest of this article, we’ll explore key terms to include in a locum tenens agreement, how to draft it, and why it’s beneficial to work with a qualified lawyer to complete the locum tenens agreement drafting process.
What are Core Components in a Locum Tenens Agreement?
Your locum tenens agreement should include the following key terms:
- Scope. The agreement should clarify what the physician is expected to do during their assignment. It should include if they will have support staff.
- Compensation. All aspects of payment provided to the physician should be included, such as rates, overtime pay, and benefits.
- Duration. How long the agreement should last must be specified, with effective start and end dates to remove any confusion.
- Expenses. There will be various expenses under the agreement, such as flight costs, lodging, and the use of rental cars. The agreement should specify which party will cover these costs.
- Termination. If the agreement should end, there should be information for how parties can terminate it, such as what notice periods are required.
- Malpractice insurance. The agreement should stipulate if the hiring facility will provide malpractice insurance.
- Dispute resolution. This section outlines how parties can deal with potential conflict, such as via mediation and arbitration.
How Should You Draft a Locum Tenens Agreement?
When writing a locum tenens agreement, bear some important things in mind for clarity and accuracy.
Specify Termination Conditions
A physician signing the agreement will want to know that they have tail insurance to cover them if the contract ends. Outline all the termination conditions and what cancellation notice periods are required to make the terms favorable to both parties.
Confirm Credentials
To prevent legal issues, confirm that the physician has all the required licenses to practice in the state. They should also be board certified, if this is required.
Explain all Expenses
There are various costs that will arise during the agreement term, such as travel and lodging costs. Identify which party will cover these, and other, expenses, which should appear in the contract for clarity. When both parties understand what’s expected of them, this minimizes your risk of disputes.
Seek Compensation Clarity
From the physician’s perspective, it’s important that the salary and other types of compensation offered to them are aligned with their professional expectations. Clarify all types of compensation, from vacation time to health coverage, and explain when they will be made available to the physician.
Consider Intellectual Property (IP) Ownership
Whether or not you require IP ownership clauses in your agreement depends on the type of working relationship and the physician’s role. If the physician will be developing or creating research or other IP, they should have a clause that specifies their IP ownership.
Understand the Scope
The physician’s work scope should be explained for clarity. This should note exactly what clinical duties, patient volumes, and on-call expectations are required, so that the physician isn’t unclear of what’s expected of them.
How Can a Lawyer Help You with Locum Tenens Agreement Drafting?
A lawyer can assist you with a locum tenens agreement drafting because they have experience in writing such contracts. They’ll give you peace of mind that they’ve drafted a clear, specific, and legally valid agreement to protect all parties involved.
Lawyers will help you by:
- Clearly defining the physician’s scope of services. This will be detailed and clear so that the physician can meet the expected standards of care.
- Keeping the agreement legally compliant. A lawyer has in-depth legal knowledge to comply with all applicable laws, such as healthcare and labor laws.
- Defining all payment and compensation terms. Since payments can trigger disputes, the agreement must be meticulous in explaining all payment schedules, payments, and expenses.
- Allocating risks. A lawyer will address the parties’ specific responsibilities and include indemnification provisions to protect their interests.
- Protecting confidential and sensitive information. These measures have to be compliant with the relevant data protection and healthcare privacy laws, which a lawyer will confirm to minimize your risks.
- Setting clear processes for termination. This helps to end the agreement legally and smoothly for both parties. It also prevents parties from being locked into an unfavorable agreement.
- Customizing the agreement. A lawyer is experienced in drafting agreements that are tailored to both parties’ requirements. They can add specific clauses to protect you, such as regarding IP protection measures and unique leave arrangements.
Where to Find a Lawyer to Draft Your Locum Tenens Agreement
If you need to hire a lawyer to help you draft a locum tenens agreement, you don’t have to take lots of time to find one. Using an online legal platform makes it easier to find and hire a qualified, experienced lawyer.
ContractsCounsel is an example of an online legal platform. It’s one of the largest online legal marketplaces that gives you access to a network of vetted lawyers. Since all lawyers on the platform have years of experience in contract drafting and review, you’ll get peace of mind that your agreement is transparent, fair, and legal.
If you need to hire a lawyer on ContractsCounsel to draft your locum tenens agreement, here are the easy steps to follow online.
- Visit the ContractsCounsel marketplace.
- Post your project for free. Include a few details to help you find the most suitable lawyer.
- Receive multiple bids from lawyers directly on the platform.
- Review the lawyers’ profiles. Take some time to go through the platform’s lawyer data, such as their location, client ratings for previous projects, expertise, and credentials.
- Connect with a lawyer you think is best suited to your requirements and hire them to draft your locum tenens agreement for a flat fee.
