Physician Independent Contractor Agreement

Physician Independent Contractor Agreement Template for England and Wales

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Key Requirements PROMPT example:

"I need a Physician Independent Contractor Agreement for a telemedicine platform based in London, engaging a cardiologist to provide remote consultations for 3 days per week starting March 2025, with specific provisions for data protection and cross-border patient care."

Document background

The Physician Independent Contractor Agreement is essential for healthcare providers in England and Wales who engage medical professionals on a contractual basis. This document establishes clear parameters for independent medical services while ensuring compliance with GMC requirements, NHS regulations (where applicable), and relevant healthcare legislation. It's particularly important for maintaining proper contractor status under IR35 regulations and addressing specific medical practice requirements including clinical governance, patient confidentiality, and professional indemnity.

Suggested Sections

1. Parties: Identification of contracting parties, including GMC registration details and business information

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of medical services to be provided

5. Term and Termination: Duration of agreement and circumstances for termination

6. Compensation: Payment terms, rates, and invoicing procedures

7. Independent Contractor Status: Clear statement of self-employed status and tax responsibilities

8. Professional Requirements: Licensing, insurance, and regulatory compliance obligations

9. Confidentiality: Patient confidentiality and data protection obligations

10. Liability and Indemnification: Risk allocation between parties

Optional Sections

1. Non-Compete: Restrictions on competing activities (use when protecting legitimate business interests is crucial)

2. Equipment and Facilities: Provisions regarding use of medical equipment and facilities (use when physician uses contractor's facilities/equipment)

3. On-Call Services: Terms for emergency or out-of-hours coverage (use when on-call duties are required)

4. Locum Coverage: Arrangements for temporary coverage (use when substitute coverage might be needed)

Suggested Schedules

1. Schedule 1 - Service Specification: Detailed breakdown of medical services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees and payment terms

3. Schedule 3 - Insurance Requirements: Specific insurance coverage requirements and limits

4. Schedule 4 - Quality Standards: Clinical governance and quality requirements

5. Appendix A - Required Qualifications: List of required medical qualifications and certifications

6. Appendix B - Policies and Procedures: Relevant operational policies and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Relevant Teams

Relevant Roles

Industries

Employment Rights Act 1996: Key legislation to ensure proper distinction between contractor and employee status, defining employment rights and helping establish clear independent contractor relationships

Medical Act 1983: Primary legislation governing medical practice in the UK, including registration requirements and professional standards for physicians

Health and Social Care Act 2012: Establishes the framework for healthcare provision in England, including regulations affecting independent medical practitioners

Equality Act 2010: Ensures non-discrimination and equal treatment in professional relationships and service provision

Data Protection Act 2018 and UK GDPR: Governs the handling of personal and sensitive medical data, crucial for medical practitioners

NHS (General Medical Services Contracts) Regulations 2015: Regulations specific to medical services contracts, providing framework for healthcare service agreements

CQC Regulations: Care Quality Commission requirements ensuring healthcare providers meet essential standards of quality and safety

GMC Guidelines: General Medical Council requirements governing professional conduct and standards for physicians

IR35 Legislation: Tax legislation concerning off-payroll working rules, crucial for determining contractor status and tax obligations

National Insurance Contributions Act 2014: Governs national insurance obligations for independent contractors

Income Tax (Earnings and Pensions) Act 2003: Defines tax treatment of earnings for independent contractors

GMC Good Medical Practice: Detailed guidelines on professional standards and ethical practices for physicians

Health and Safety at Work Act 1974: Establishes fundamental health and safety obligations in the workplace

Working Time Regulations 1998: Governs working hours and rest periods, relevant even for independent contractors in healthcare

Caldicott Principles: Guidelines for handling patient information in the healthcare sector

Common Law Duty of Confidentiality: Legal obligation to maintain patient confidentiality, fundamental to medical practice

Value Added Tax Act 1994: Governs VAT obligations which may apply to independent medical contractors depending on their services and turnover

Control of Substances Hazardous to Health Regulations 2002: Regulations concerning the safe handling of hazardous substances in healthcare settings

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Authors

Alex Denne

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