An independent contractor is a person or business who performs services for another person pursuant to an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays his/her own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage. The traditional tests to determine whether a worker is an employee or independent contractor involve the concept of control. The Internal Revenue Service (IRS) developed 20 factors used to determine whether a worker is an independent contractor under the common law. A "yes" answer to any of these questions would be evidence of an employer-employee relationship.
" Does the principal provide instructions to the worker about when, where, and how he or she is to perform the work?
" Does the principal provide training to the worker?
" Are the services provided by the worker integrated into the principal's business operations?
" Must the services be rendered personally by the worker?
" Does the principal hire, supervise and pay assistants to the worker?
" Is there a continuing relationship between the principal and the worker?
" Does the principal set the work hours and schedule?
" Does the worker devote substantially full time to the business of the principal?
" Is the work performed on the principal's premises?
" Is the worker required to perform the services in an order or sequence set by the principal?
" Is the worker required to submit oral or written reports to the principal?
" Is the worker paid by the hour, week, or month?
" Does the principal have the right to discharge the worker at will?
" Can the worker terminate his or her relationship with the principal any time he or she wishes without incurring liability to the principal?
" Does the principal pay the business or traveling expenses of the worker?
A "yes" answer to any of these questions would be evidence of an independent contractor relationship.
" Does the worker furnish significant tools, materials and equipment?
" Does the worker have a significant investment in facilities?
" Can the worker realize a profit or loss as a result of his or her services?
" Does the worker provide services for more than one firm at a time?
" Does the worker make his or her services available to the general public?
Title: Oklahoma Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner: Exploring Types and Key Considerations Introduction: In Oklahoma, independent contractor agreements play a vital role in defining the relationship between licensed counselors and therapists operating as solo practitioners. This detailed description aims to shed light on the various types of such agreements, key considerations, and the essential factors that both parties should address. Types of Oklahoma Independent Contractor Agreements: 1. General Independent Contractor Agreement: This agreement outlines the overall terms and conditions for the engagement between the licensed counselor and therapist, practicing as a solo practitioner, and the contracting entity. It sets the groundwork for the collaboration, covering important aspects such as scope of work, compensation, termination clauses, and confidentiality agreements. 2. Business Associate Agreement (BAA): When a licensed counselor and therapist practicing as a solo practitioner enters into an agreement with another healthcare organization or HIPAA-covered entity, a BAA may be required. This agreement ensures compliance with the Health Insurance Portability and Accountability Act (HIPAA) regulations and establishes guidelines for the secure handling of protected health information (PHI). 3. Professional Services Agreement: Specific to the healthcare industry, a professional services agreement outlines the nature of the services provided by the licensed counselor and therapist. It covers aspects like service delivery, working hours, documentation requirements, collaboration with other healthcare professionals, HIPAA compliance, and billing arrangements. Key Considerations for Oklahoma Independent Contractor Agreements: 1. Scope of Work: Clearly define the scope of services to be provided by the licensed counselor and therapist, outlining the types of counseling and therapy offered, client populations served, and any specialized treatments or interventions. 2. Compensation and Payment Terms: Establish a fair and transparent compensation structure, either through a percentage-based arrangement or a fixed fee per session. Clearly outline the payment terms, including payment frequency and any potential deductions for overhead or shared expenses. 3. Confidentiality and Data Protection: Include provisions addressing the handling and protection of client information in accordance with ethical guidelines and applicable laws. Emphasize the importance of maintaining client confidentiality and securing sensitive data through proper data storage and destruction practices. 4. Termination and Notice Period: Clarify the conditions under which either party may terminate the agreement and the required notice period. Include provisions for resolving any outstanding financial obligations or transferring clients' care in case of termination. 5. Insurance and Liability Coverage: Specify the insurance coverage required by the licensed counselor and therapist, such as professional liability insurance (malpractice insurance). Ensure that both parties understand their respective liabilities and obligations in case of errors, omissions, or claims. Conclusion: Careful consideration of the various types of Oklahoma Independent Contractor Agreements between licensed counselors and therapists practicing as solo practitioners is essential for fostering a successful and legally compliant professional relationship. By addressing the specific needs and requirements outlined in these agreements, all parties can establish clear expectations, mitigating potential disputes, and supporting the provision of quality counseling and therapy services.
