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: Utah Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner Keywords: Utah, independent contractor agreement, licensed counselor, therapist, solo practitioner, types Introduction: A Utah Independent Contractor Agreement is a legally binding contract between a licensed counselor and therapist who practices as a solo practitioner. This agreement defines the professional relationship and outlines the rights and responsibilities of both parties. In Utah, there may be different types of Independent Contractor Agreements based on specific practice areas or mutual agreements between the parties involved. 1. Purpose of the Agreement: The purpose of this Utah Independent Contractor Agreement is to establish the terms and conditions under which the licensed counselor and therapist will provide counseling services while working as a solo practitioner. The agreement outlines the scope of work, compensation, confidentiality obligations, and termination procedures. 2. Roles and Responsibilities: This agreement clearly defines the roles and responsibilities of both the licensed counselor and therapist and the solo practitioner. It includes provisions related to client referrals, compliance with state and professional regulations, maintaining appropriate licenses and insurance, and professional ethics. 3. Compensation and Billing: This section of the agreement details the compensation structure for the independent contractor. It includes information on payment frequency, rates, invoicing requirements, and any other relevant financial terms. It is important to outline the billing process to ensure smooth financial transactions. 4. Confidentiality and Privacy: Utah Independent Contractor Agreements emphasize the importance of maintaining client confidentiality and privacy. It includes clauses that outline the handling of client records, HIPAA compliance, and how confidential information should be protected both during and after the contractual relationship. 5. Termination and Dispute Resolution: This section addresses the termination of the agreement, whether by mutual consent or for cause. It provides details on the notice period required and the procedures for resolving disputes or disagreements between the parties. It also highlights any binding arbitration clauses if applicable. Types of Utah Independent Contractor Agreements: a) Utah Independent Contractor Agreement for Individual Therapy: This specific agreement outlines the terms and conditions for licensed counselors and therapists providing individual therapy services as solo practitioners. It may include clauses related to specific therapeutic modalities, treatment goals, and the uniqueness of the client-therapist relationship. b) Utah Independent Contractor Agreement for Group Therapy: If licensed counselors and therapists offer group therapy services as solo practitioners, a separate agreement may be required. This type of agreement may address aspects such as group size, duration, confidentiality of group members, and roles/responsibilities within the therapy sessions. Conclusion: Utah Independent Contractor Agreements Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner ensure clarity and protection for both parties involved. By addressing essential elements like roles, compensation, confidentiality, and termination, these agreements establish a professional framework within which counseling services are provided, contributing to a successful and ethical counseling practice.
