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?
In Clark County, Nevada, a licensed counselor and therapist may choose to enter into an Independent Contractor Agreement when practicing as a solo practitioner. This legally binding agreement outlines the terms and conditions of the professional relationship between the licensed counselor and therapist, and details their rights, responsibilities, and obligations. Under this agreement, the licensed counselor and therapist agree to operate independently, typically maintaining their own private practice. The agreement defines the scope of services that the counselor or therapist can provide, which may include individual therapy, group therapy, family therapy, or specialized treatments such as cognitive behavioral therapy or trauma-focused therapy. The Independent Contractor Agreement specifies the compensation arrangement between the parties, whether it is a fee-for-service basis, a percentage split of client fees, or other agreed-upon terms. It also highlights any financial responsibilities, such as the provision of malpractice insurance or the sharing of overhead costs. Confidentiality and privacy are crucial aspects addressed in the agreement. It ensures that the licensed counselor and therapist will maintain strict confidentiality in accordance with legal and ethical standards, safeguarding client information and ensuring secure record-keeping practices. Additionally, the Independent Contractor Agreement may outline any specific marketing and branding guidelines, dictating the use of professional titles, logos, or affiliations that the licensed counselor and therapist can incorporate into their practice representation. It is important to note that there may be various types of Independent Contractor Agreements within Clark County, Nevada, tailored to meet unique circumstances or preferences of licensed counselors and therapists. Some examples include agreements for telehealth counseling, contracts between licensed counselors and therapists and healthcare facilities, or agreements between licensed counselors and therapists and counseling agencies. In conclusion, the Clark Nevada Independent Contractor Agreement Between Licensed Counselor and Therapist Practicing as a Solo Practitioner is a comprehensive legal document that establishes the terms of professional collaboration, financial arrangements, confidentiality, and other important considerations. This agreement provides a framework for licensed counselors and therapists to operate their independent practices while ensuring ethical and professional standards are maintained.
