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?
A Wyoming Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner is a legally binding contract that establishes the working relationship between two mental health professionals who intend to collaborate as independent contractors in providing counseling and therapy services in the state of Wyoming. This agreement outlines the terms and conditions under which the counselor and therapist will work together, including the scope of services, compensation, confidentiality, and the rights and responsibilities of both parties. There are various types of Wyoming Independent Contractor Agreements between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner, depending on the specific arrangement and expertise involved. Some of these types may include: 1. Counseling Partnership Agreement: This agreement is entered into when two licensed counselors and therapists decide to establish a partnership in providing independent counseling and therapy services. It outlines the roles, responsibilities, and profit-sharing arrangements between the partners. 2. Supervisory Independent Contractor Agreement: This type of agreement is established when a licensed counselor and therapist, who acts as a supervisor and meets specific qualifications, provides clinical supervision and oversight to another licensed counselor and therapist who is pursuing additional training or licensure. 3. Collaborative Independent Contractor Agreement: This agreement is designed for licensed counselors and therapists who choose to collaborate on specific cases or projects, combining their expertise to provide comprehensive and specialized counseling and therapy services to their clients. 4. Referral Agreement: In certain situations, a licensed counselor and therapist may enter into a referral agreement, where they agree to refer clients to each other based on their respective areas of expertise or to ensure continuity of care in case of absence or unavailability. Regardless of the type of agreement, it is essential to include certain key provisions in the Wyoming Independent Contractor Agreement. These may include: — Identification of the parties involved: Clearly state the full names and contact information of the licensed counselor and therapist who will be acting as independent contractors. — Scope of services: Specify the types of counseling and therapy services that will be provided by the independent contractors, ensuring that it aligns with their respective licenses and qualifications. — Compensation and payment terms: Detail the agreed-upon compensation structure, including fees, reimbursement, and billing procedures, to ensure a clear understanding of financial arrangements between the parties. — Confidentiality and privacy: Establish guidelines and obligations regarding the protection and handling of client information, ensuring compliance with state and federal laws, such as the Health Insurance Portability and Accountability Act (HIPAA). — Termination and dispute resolution: Include provisions outlining how the agreement can be terminated, as well as a framework for resolving any disputes that may arise between the parties. It is crucial for all parties involved to consult with legal professionals and review the Wyoming state laws and regulations governing independent contractor agreements and the practice of counseling and therapy to ensure compliance and protect their rights and interests.
