10 THE ADA PRACTICAL GUIDE TO ASSOCIATESHIPS Potential Indicators of Employee Status • Hiring dentist or dental practice entity furnishes supplies • Hiring dentist or dental practice entity furnishes instruments, equipment and/or office support • Hiring dentist or dental practice entity repairs instruments and equipment • Hiring dentist or dental practice entity imposes safety precautions • Hiring dentist or dental practice entity formulates patient care guidelines and specifications for dental care performed • Hiring dentist or dental practice entity determines and requires adherence to practice patient care management and methods • Hiring dentist or dental practice entity observes patient treatment methods • Hiring dentist or dental practice entity interprets patient care plans and treatment • Hiring dentist or dental practice entity has the right to alter patient care plans and treatment • Hiring dentist or dental practice entity prohibits hired dentist from working for others, and/or hired dentist provides services on substantially full-time basis • Hiring dentist or dental practice entity assumes liability stemming from worker dentist’s performance (through insurance or otherwise) Potential Indicators of Independent Contractor Status • Hiring dentist or dental practice entity lacks control over manner of performance of dentist contractor’s work • Hiring dentist or dental practice entity lacks authority to supervise performance of dentist contractor’s work • Worker dentist controls premises (or authority could be shared with the hiring party) • Worker dentist is compensated without reference to time engaged in work • Absence of insurance carried by hiring dentist or dental practice entity for worker dentist (e.g., unemployment and worker’s compensation, liability insurance, etc.) • Worker dentist has authority to delegate work to another hiring dentist or dental practice entity lacks authority to terminate contract unilaterally without cause • Worker dentist has ownership of practice • Worker dentist possesses special professional skills • Worker dentist furnishes own instruments and equipment (or leases them from hiring party) • Worker dentist controls his or her own employees • Worker dentist covers or shares expense of employee’s compensation • Worker dentist is obligated to reimburse dentist or dental practice entity for losses or damages