THE ADA PRACTICAL GUIDE TO ASSOCIATESHIPS 9 To lessen the chance of a challenge to the independent contractor status of an associate, seek appropriate legal guidance from competent legal counsel familiar with the laws of your jurisdiction. There is no substitute for retaining the services of a lawyer experienced in such matters. As mentioned previously, one of the most important considerations regarding independent contractors is the issue of control of the worker. In a properly structured relationship, the dentist-owner or group practice must be very careful not to control both the means of the associate’s work and the results of the associate’s efforts. If the dentist-owner, for example, wants to control which patients are seen, the nature of the treatment planning, what procedures are performed, and provides all instruments and equipment, this suggests that the associate is acting more like an employee than an independent contractor. Historically, the status of employee or independent contractor has been determined by applying “common law” rules for deciding whether there is an employer employee relationship present. Whether the worker is subject to the control of the dentist-owner is an important factor, but others may also be taken into account. The important point is that the arrangements must be structured and implemented properly to reflect the intentions of the parties and to comply with the law. Time-share and Solo Group Arrangements Time-sharing and solo group arrangements are less common forms of associateships that could be classified as an independent contractor arrangement. The time-sharing concept simply has one dentist renting time, space and equipment from another dentist in an existing office. Each dentist maintains a separate practice and their primary relationship to each other concerns the physical space. A solo group is where solo practitioners, each with their own practice, share facility overhead, certain personnel, and occasionally supplies or marketing expenses. An example might be two general dentists or an endodontist and a periodontist in a solo group. In a time-sharing arrangement it is important that the agreement clearly spells out the obligations of all parties since the potential exists for problems with shared space and equipment. Equipment purchase and maintenance and shared supplies are good examples of issues that warrant full discussion. In a solo group arrangement, a written contract can identify specific rights, duties and obligations. For example, if management responsibility for the facility or certain shared staff is part of the arrangement, the details should be clearly discussed and noted in a written contract. Furthermore, the timing and method for performance reviews and merit salary increases for shared employees are critical in nurturing good employer/ employee relations and for enhancing the solo group arrangement between the dentists. However, shared staff issues demand caution. Dentists are specifically cautioned to check with legal counsel regarding potential pitfalls of inappropriately providing benefits to all employees of a dentist’s practice under federal legislation referred to as the Employee Retirement Income Security Act (ERISA). These and many other concerns should be fully discussed, agreed to, and put into a written agreement before a dentist enters a solo group associate arrangement. The following checklists for indicators of independent contractor and employee status may be helpful tools in thinking about this issue. Be sure to consult an attorney familiar with the laws of your jurisdiction regarding your personal situation. Chapter 7: Contractual Considerations deals with contractual arrangements and also has additional information on this topic. To lessen the chance of a challenge to the independent contractor status of an associate, seek appropriate legal guidance from competent legal counsel familiar with the laws of your jurisdiction.