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?
Harris Texas Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner is a legally binding document that establishes the terms and conditions for a professional working relationship between two parties involved in the mental health field. It defines the rights, responsibilities, and obligations of both the licensed counselor/therapist and the solo practitioner. In Harris County, Texas, there may be various types of Independent Contractor Agreements tailored to specific situations within the counseling and therapy industry. These agreements may include: 1. Contract for Supervision Services: This type of agreement is designed for licensed counselors/therapists seeking a supervisor to oversee their professional development and ensure compliance with ethical and legal standards in their practice. 2. Contract for Consultation Services: Licensed counselors/therapists utilizing this agreement engage a solo practitioner to provide expert advice, guidance, and consultation on specific cases or treatment modalities. 3. Contract for Private Practice Support Services: This type of agreement is suitable for licensed counselors/therapists seeking administrative, marketing, or operational support from a solo practitioner to facilitate their private practice operations. The Harris Texas Independent Contractor Agreement Between Licensed Counselor and Therapist and Licensed Counselor and Therapist Practicing as a Solo Practitioner typically includes the following key elements: 1. Identification of the parties involved: Clearly state the legal names and contact information of the licensed counselor/therapist and solo practitioner. 2. Scope of services: Define the nature and scope of services to be provided by the licensed counselor/therapist, including any restrictions or limitations. 3. Compensation: Specify the payment terms, fees, and reimbursement rates agreed upon by both parties. Outline the frequency of payments, whether it is per hour, session, or on a predetermined schedule. 4. Term and termination: Establish the duration of the agreement and the conditions under which either party can terminate it, such as by providing a prior notice period. 5. Confidentiality and data protection: Address the protection of client confidentiality and the handling of sensitive information according to legal and ethical guidelines. 6. Professional liability and insurance: Determine the insurance requirements for both the licensed counselor/therapist and the solo practitioner to mitigate any potential liabilities arising from their professional activities. 7. Independent contractor relationship: Specify that the licensed counselor/therapist is an independent contractor and not an employee of the solo practitioner. Outline the responsibilities and expectations associated with this independent arrangement. 8. Governing law and dispute resolution: Specify the jurisdiction and laws applicable to the agreement, as well as any methods for resolving disputes, such as mediation or arbitration. It is important for both parties to seek legal counsel to ensure that their Harris Texas Independent Contractor Agreement conforms to local regulations and meets their specific needs and circumstances. This document helps establish a clear understanding of the expectations and obligations between licensed counselors/therapists and solo practitioners practicing in Harris County, Texas.
