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: Tennessee Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner Introduction: In the state of Tennessee, independent contractor agreements play a crucial role in establishing a legal framework for licensed counselors and therapists who wish to collaborate or operate as solo practitioners. These agreements ensure that both parties involved have a clear understanding of the terms, obligations, and expectations, thereby fostering a professional and ethical therapeutic environment. Various types of agreements are available to cater to different counseling and therapy scenarios, each with its own set of specifications and considerations. 1. Tennessee Independent Contractor Agreement for Collaborating Licensed Counselors and Therapists: This agreement outlines the terms and conditions when two or more licensed counselors or therapists decide to collaborate in the same practice. It covers essential aspects such as sharing office space, referral systems, confidentiality, client retention, financial arrangements, dispute resolution, and termination procedures. 2. Tennessee Independent Contractor Agreement for Solo Practitioner Licensed Counselors and Therapists: This contract is specifically designed for licensed counselors and therapists who choose to operate as solo practitioners. It addresses various key elements, including legal responsibilities, professional liability, marketing, client communication, record-keeping, fee structure, insurance coverage, work hours, and non-compete clauses. 3. Tennessee Independent Contractor Agreement for Remote Counseling Services: In an interconnected digital era, this agreement pertains to licensed counselors and therapists who provide counseling and therapy services remotely, utilizing online platforms or telecommunication methods. It emphasizes the unique considerations related to virtual sessions, client confidentiality, technological requirements, session scheduling, and obtaining informed consent for remote services. 4. Tennessee Independent Contractor Agreement for Specialized Therapeutic Services: This agreement applies to licensed counselors and therapists with specific expertise or specialized modalities, such as art therapy, hypnotherapy, marriage and family therapy, or trauma therapy. It outlines the therapist's scope of practice, techniques, licensing requirements, professional development, and any specific resources or equipment necessary for providing such specialized services. 5. Tennessee Independent Contractor Agreement for Cross-Referral Arrangements: This contract focuses on licensed counselors and therapists who wish to establish cross-referral arrangements. It clarifies the obligations, boundaries, and procedures when referring clients to fellow professionals, ensuring client care continuity, ethical considerations, and appropriate fee-sharing structures. Conclusion: The Tennessee Independent Contractor Agreements mentioned above cater to the diverse needs of licensed counselors and therapists in various practice scenarios. These agreements are essential for establishing clear expectations, protecting professional rights, ensuring ethical standards, and fostering professional collaboration in the dynamic field of counseling and therapy. Understanding the nuances and selecting the appropriate agreement tailored to the specific practice setting is imperative for successful and legally sound therapeutic practices in Tennessee.
