Employment Contract
Secure your practice with a California-compliant dental employment contract. Includes Cal-OSHA, AB5 ABC test, and CCPA clauses for hygienists and staff.
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Operating a dental practice in California requires more than just clinical excellence; it demands rigorous legal compliance. From navigating the 'ABC test' for worker classification under AB 5 to... Read more
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Operating a dental practice in California requires more than just clinical excellence; it demands rigorous legal compliance. From navigating the 'ABC test' for worker classification under AB 5 to ensuring your staff adheres to Cal-OSHA's Bloodborne Pathogens Standard and HIPAA privacy rules, a specialized employment contract is your first line of defense. This document protects your practice from patient injury liability, clarifies the scope of practice for dental hygienists, and ensures that restrictive covenants comply with California's strict prohibition on non-compete agreements under Business and Professions Code Section 16600.
Beyond the standard employment contract sections, this template adds fields specific to Dental Office Owner:
An employment contract establishes a formal employment relationship between an employer and an employee, outlining the terms and conditions of employment, rights, obligations, and responsibilities of both parties. It provides legal protection and clarity, ensuring compliance with employment laws and minimizing the risk of misunderstandings and disputes.
HIPAA violations
Implement robust privacy policies and employee training programs to ensure compliance with data protection laws.
OSHA non-compliance
Regular audits and employee training to adhere to OSHA standards and maintain documentation of compliance measures.
For this employment contract to be legally valid:
Common mistakes to avoid:
OSHA Bloodborne Pathogens Standard
This regulation requires dental offices to implement appropriate safety practices related to exposure to blood and other potentially infectious materials. Compliance includes proper training, personal protective equipment, and exposure control plans.
Enforced by Occupational Safety and Health Administration (OSHA)
HIPAA (Health Insurance Portability and Accountability Act)
Governs the privacy and security of patient health information maintained or transmitted by a dental practice.
Enforced by Department of Health and Human Services (HHS) Office for Civil Rights (OCR)
EPA Regulation on Dental Amalgam
Dental practices are required to install amalgam separators and follow best management practices to reduce amalgam waste that enters wastewater systems.
Enforced by Environmental Protection Agency (EPA)
State Dental Practice Act
Each state has its own Dental Practice Act that outlines the scope of practice, licensing requirements, and other regulations for dentists and dental office operations.
Enforced by State Dental Boards
Recommended coverage: Professional Liability Insurance (Malpractice Insurance) · General Liability Insurance · Workers' Compensation Insurance · Property Insurance · Cyber Liability Insurance
Under Cal. Lab. Code §§ 2750.3, the ABC test is used to determine if a worker is an employee or an independent contractor. Most dental hygienists and associates in a standard office setting must be classified as employees due to the owner's control over the treatment plans and radiographs.
Generally, no. Per California Business and Professions Code §§ 16600-16602, non-compete agreements are void. However, our contract focuses on enforceable non-solicitation of patients and protection of trade secrets, such as proprietary patient lists, to protect your practice's goodwill.
The contract specifies that employees must strictly adhere to the OSHA Bloodborne Pathogens Standard, including the use of Personal Protective Equipment (PPE) and following the office's exposure control plan to mitigate patient injury and liability risks.
Yes. It incorporates requirements for the California Consumer Privacy Act (CCPA) regarding how staff handles sensitive patient health information and personal data, complementing your federal HIPAA compliance obligations.
State laws affect what must be in this document. Pick your jurisdiction.
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