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Are doctors independent contractors or employees?

By Emily Wilson |

People such as doctors, dentists, veterinarians, lawyers, accountants, contractors, and subcontractors who are in an independent trade, business, or profession in which they offer their services to the general public are generally independent contractors. If you are an independent contractor, you are self-employed.

Do doctors get a 1099?

Whether it’s a main job or a side gig, doctors are either W-2 employees or 1099 workers. A W-2 employee is a worker who receives a regular wage from an employer who withholds payroll taxes throughout the year.

Can doctors be independent contractors in California?

Because dentists and doctors are exempt from the ABC Test, they must meet the “common law” requirements to be classified as independent contractors in California. These requirements are similar in many other states across the country as well.

Are hospitals liable for independent contractors?

Under traditional liability theories, a hospital (called the principal) is usually liable for the actions of its employees (called agents), but a hospital is not usually liable for the actions of independent contractors.

What percent of primary care physicians are independent?

For family medicine, the percentage of physicians who owned their practices was 40 percent; 58 percent of physicians were employed, and 3 percent were independent contractors.

Is the Doctor an employee or an independent contractor?

Whether a physician is an independent contractor or an employee is a question of fact, not a determination to be made by the practice group.

Can a locum tenens physician be an independent contractor?

Locum tenens physicians are also considered independent contractors. Whether the position is for two weeks or two years, locums physicians can expect to sign an independent contractor agreement. There are a variety of benefits to working as an independent contractor.

Is it good practice to have an independent contractor agreement?

As a management matter, it is good practice to have a written agreement for all engaged physicians (independent contractor agreements or employment agreements) to protect the practice and make clear the responsibilities and liabilities between the practice and physicians.

What are the terms of a physician employment contract?

For more discussion, see IRS Revenue Ruling 66-274. The essential terms are about the same as between a physician employment contract and a physician independent contractor agreement.