Physician Assistant Contract: A General Guide
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A physician assistant contract is an agreement between a physician assistant and a supervising physician defining the terms from which the PA offers assistance. In addition, the agreement generally summarizes the scope of practice, obligations, duties, and restrictions of the physician assistant, ensuring compliance with applicable state regulations, rules, and professional norms. This blog post will discuss the fundamentals of a physician assistant contract and other relevant details.
Essential Elements of a Physician Assistant Contract
A well-drafted physician-assistant agreement not only safeguards the interests of both parties but also ensures a smooth and mutually advantageous working association. Below are the essential elements of a physician assistant contract:
- Identification of the Parties: Clearly state the names and contact information of both the physician assistant and the employer (typically a medical practice or healthcare facility). This section should also include any affiliated entities involved in the agreement.
- Scope of Employment: Define the duties and responsibilities of the physician assistant within the healthcare setting. This section should outline the specific tasks, patient care obligations, and any restrictions on practice to ensure clarity regarding the PA's role.
- Compensation and Benefits: Clearly outline the compensation structure, including salary, bonuses, and any other forms of remuneration. Additionally, detailed benefits such as health insurance, retirement plans, vacation days, and continuing education allowances. Specify the payment terms, frequency, and any conditions related to bonuses or benefits.
- Work Schedule and Hours: Comprehensively define the expected work schedule, including the number of hours per week and any on-call or weekend requirements. Address how overtime will be compensated if the PA is likely to work beyond the standard hours.
- Term of Termination and Employment: Specify the term of the employment contract, whether it is a fixed duration or ongoing. Summarize the provisions under which either party can terminate the contract, including notice periods, grounds for termination, and any severance packages.
- Licensing and Credentialing: Ensure that the contract addresses the PA's responsibility to maintain a valid and unrestricted license to practice. Include provisions for credentialing, specifying the employer's support in obtaining and maintaining necessary certifications.
- Professional Liability Insurance: Clearly outline the arrangements for professional liability insurance. Determine whether the employer will provide coverage or if the PA is responsible for securing their insurance. Address the coverage limits and any tail coverage provisions after the contract terminates.
- Confidentiality and Non-compete Agreements: Include clauses related to the confidentiality of patient information and any proprietary information of the employer. If appropriate, describe any non-compete or non-solicitation limitations, ensuring they are reasonable in duration and scope.
- Conflict Resolution: Establish a mechanism for settling conflicts between the parties. It may comprise arbitration, mediation, or litigation. Summarize the measures to be taken in case of a conflict and the governing ordinance that will apply.
- Professional Development and Continuing Education: Address the employer's commitment to supporting the PA's ongoing professional development through continuing education. Outline any financial assistance or time off granted for educational purposes.
- Compliance with Laws and Regulations: Include a clause specifying that both parties agree to comply with all applicable federal, state, and local laws and regulations governing healthcare and employment practices.
- Miscellaneous Provisions: Include any additional provisions relevant to the specific circumstances of the employment relationship. This may include relocation assistance, equipment provision, or any other unique terms agreed upon by both parties.
Types of Physician Assistant Contracts
Physician assistant contracts differ in structure and content, reflecting the diverse settings in which PAs practice. Below are some different types of physician assistant contracts.
- Locum Tenens Contracts: Locum tenens arrangements are temporary contracts that allow physician assistants to fill in for other healthcare professionals on a short-term basis. These contracts are prevalent when a physician assistant is needed to cover a temporary vacancy, such as during maternity leave, vacation, or while a healthcare facility searches for a permanent hire. Locum tenens contracts specify the duration of the assignment, compensation details, and any additional benefits or travel allowances. These agreements benefit PAs seeking flexibility in their work schedules or exploring various practice settings without committing to a long-term position.
- Independent Contractor Agreements: Some physician assistants work as independent contractors rather than traditional employees. Separate contractor agreements are distinct from employment contracts in that they define a business relationship rather than an employer-employee relationship. PAs may have more autonomy over their schedules and working conditions in these arrangements. Independent contractor agreements typically outline the scope of work, compensation structure, responsibilities for taxes and benefits, and the duration of the contractual relationship. PAs entering into independent contractor agreements should consider their tax implications carefully, as they may be responsible for managing their taxes and withholdings.
- Partnership Contracts: Physician assistants may enter into partnership contracts when working collaboratively with other healthcare professionals or establishing joint practices. Partnership agreements define the terms of the collaboration, outlining responsibilities, decision-making processes, and profit-sharing arrangements. These contracts often cover financial aspects such as capital contributions, expenses, and revenue distribution. Partnership agreements ensure clear communication and expectations among collaborating PAs, physicians, or other healthcare entities.
- Negotiating Contracts: Regardless of the type of contract, negotiating terms is a vital aspect of the process for physician assistants. PAs should be aware of their professional worth, considering factors such as experience, specialization, and the demand for their skills in the market. Negotiable elements in contracts may include salary, bonuses, benefits, working hours, and any restrictive covenants such as non-compete clauses. PAs should also seek clarity on malpractice insurance coverage, professional development opportunities, and any termination or contract renewal provisions.
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Key Terms for Physician Assistant Contracts
- Moonlighting Policy: Guidelines within the contract address the PA's ability to engage in additional part-time or temporary employment outside their primary position.
- Telemedicine Provisions: Specific clauses governing the PA's involvement in telemedicine services, including expectations, responsibilities, and any technology requirements.
- Credentialing and Licensing: Requirements and responsibilities related to maintaining current licensure, certifications, and hospital or clinic credentialing processes.
- Patient Panel Size: The number of patients assigned or expected to be managed by the PA, influencing workload and expectations for patient care.
- Call Coverage: Details on the PA's participation in on-call duties, including frequency, compensation, and procedures for handling after-hours patient care.
- Severance Package: Provisions outlining the terms of compensation, benefits, and conditions in the event of contract termination, providing financial security during transition periods.
- Quality Assurance and Improvement: Requirements for the PA's participation in ongoing quality assurance activities, including peer reviews, case discussions, and performance assessments.
- Community Service Expectations: Expectations and requirements, if any, for the PA's involvement in community service or outreach activities as part of their professional responsibilities.
- Ethical Dilemmas and Decision-Making: Guidelines for addressing ethical challenges and decision-making processes, emphasizing adherence to ethical principles in patient care.
Final Thoughts on Physician Assistant Contracts
In a nutshell, navigating the complexities of physician assistant contracts needs a comprehensive knowledge of legal, regulatory, and professional considerations. PAs should approach contract negotiations diligently, seeking clarity on all terms and consulting legal professionals when needed. As the healthcare landscape evolves, PAs must stay informed about industry trends and advocate for contracts that support their professional growth and well-being. A well-negotiated and thoughtfully crafted contract lays the foundation for a successful and fulfilling career in healthcare.
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John Mercer is a distinguished corporate counsel who is well-known for turning legal challenges into strategic assets. He possesses a deep understanding and expertise in intellectual property (IP), compliance, and corporate law, particularly in the pharmaceutical and biotechnology sectors. His proficiency lies in transforming legal complexities into strategic advantages, ensuring operational excellence, and driving innovation forward. John excels at safeguarding an organization's legal interests and integrity, ensuring operations adhere to the law. As a strategic leader, John excels at safeguarding an organization’s legal interests and integrity, ensuring operations adhere to the law. He also brings immense value to his profession through his skills in drafting, negotiating, and managing significant agreements that secure organizational interests with widespread industry impact. His unparalleled expertise in legal advisories significantly enhances compliance and develops risk management frameworks that protect and advance company ambitions. Moreover, John's command over patent and trademark portfolios, alongside his ability to drive innovation initiatives and design incentive schemes, substantially bolsters intellectual property prowess. John's areas of expertise are extensive, covering skills vital to corporate law, legal contract negotiations, material transfer agreements, and more. He is particularly adept in regulatory compliance, legal consulting, clinical trials, biotechnology, patents, and patent portfolio analysis, to name a few. His leadership is complemented by active listening, analytical thinking, problem-solving abilities, and other soft skills that make him a leader and visionary.
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Kenneth G.
Kenneth E. Gray, Jr. is a business and tax attorney who advises entrepreneurs, investors, and closely held companies on transactions, tax planning, disputes, and long-term wealth structuring. He focuses on helping clients make legally sound decisions that also make business sense. Ken’s practice includes business formation and restructuring, mergers and acquisitions, private investments and fundraising transactions, contract drafting and negotiation, and cross-border matters. He also maintains a significant tax practice, advising on federal and state structuring, specialty filings (including partnership, corporate, and non-resident matters), and representing clients in disputes before the U.S. Tax Court and other federal and state tribunals. In addition to his transactional work, Ken handles commercial and business litigation, including tax controversies, financial disputes, and partnership matters. His litigation experience informs how he structures deals and governance documents, with an eye toward preventing disputes before they arise. Ken also advises individuals and families on estate planning, trust formation, tax-efficient wealth transfer strategies, and probate administration, including planning involving closely held businesses and foreign assets. Before practicing law, Ken worked in banking and private equity, including managing a $5 billion emerging markets fund-of-funds portfolio at the U.S. Overseas Private Investment Corporation (OPIC) and serving in equity research at ABN AMRO. That financial background allows him to understand transactions from both the legal and capital perspective. He holds a J.D. from Georgetown University Law Center and an MBA from Yale University. He practices before the U.S. Tax Court, various state courts, and other federal courts.
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Allan K.
After graduating Columbia University and The University of Pennsylvania Law School, Allan Kassenoff spent 25 years as a litigator representing Fortune 100 companies, first at Kaye Scholer, LLP and then as a partner at Greenberg Traurig, LLP. Amongst the many awards he has received over the years, Allan has been named one of the “Leading Litigators in America” by Lawdragon 500 and a “Local/National Litigation Star” by Benchmark Litigation.
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Michael M.
www.linkedin/in/michaelbmiller I am an experienced contracts professional having practiced nearly 3 decades in the areas of corporate, mergers and acquisitions, technology, start-up, intellectual property, real estate, employment law as well as informal dispute resolution. I enjoy providing a cost effective, high quality, timely solution with patience and empathy regarding client needs. I graduated from NYU Law School and attended Rutgers College and the London School of Economics as an undergraduate. I have worked at top Wall Street firms, top regional firms and have long term experience in my own practice. I would welcome the opportunity to be of service to you as a trusted fiduciary. In 2022 and 2023, I was the top ranked attorney on the Contract Counsel site based upon number of clients, quality of work and number of 5 Star reviews.
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My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.
"Appreciated the help understanding my first physician contract! Thorough and answered all my questions and invited me to reach out with any further questions."
John V.
Business, Real Estate, Tax, Estate Planning and Probate attorney with over 20 years experience in private practice in Colorado. Currently owner/operator of John M. Vaughan, Attorney at Law solo practitioner located in Boulder, CO. My practice focuses on transactional matters only.
Mark M.
I have 20-plus years of experience as a corporate general counsel, for public and private corporations, domestic and international. I have acted as corporate secretary for a publicly-held corporation and have substantial experience in corporate finance, M&A, corporate governance, incorporations, corporate maintenance, complex transactions, corporate termination and restructuring, as well as numerous aspects of regulatory and financial due diligence. In my various corporate roles, I have routinely drafted complex corporate contracts and deal-related documents such as stock purchase agreements, option and warrant agreements, MSAs, SOWs, term sheets, joint venture agreements, tender agreements purchase and sale agreements, technology licensing agreements, vendor agreements, service agreements, IP and technology security agreements, NDAs, etc. and have managed from both a legal and business perspective many projects in the financial, technology, energy and venture capital fields.
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"Thank you, Zachary!! It was great working with you. You were quick, thorough and available for my many questions about the contract. You will be my go-to lawyer when I need one in future :)"
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"Ms. Ryenne was prompt and pleasant and I have a good impression of her knowledge employment contracts in general. However, she prepared for the wrong State after I had explicitly specified the correct State for the contract and received a written confirmation that she was aware. She also seemed to have less familiarity with local market rates and what I could gain in negotiations for this contract."
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"Tina was an absolute pleasure to work with and was very responsive and detail oriented. Thank you!!"
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"Great work by Pura, followed up with phone call after work to talk about the changes."
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"Appreciated the help understanding my first physician contract! Thorough and answered all my questions and invited me to reach out with any further questions."
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