DMSO contracting basics

Article Abstract:

Dentists should carefully review all agreements before selling their practice to a dental management service organization (DSMO). The asset purchase agreement covers the assets of the practice, including intangible items such as accounts receivable. The employment agreement specifies the duties and responsibilities of the dentist, who will now be an employee. It also covers compensation and termination rights. The management services agreement identifies the services that the DSMO will provide to the practice, including marketing, billing and collecting, maintaining records, and hiring clerical personnel. It also stipulates the services the dentist will provide.

Management, Dental offices

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Restrictive covenants and at-will employment

Article Abstract:

Dentists or dental office employees who enter into a restrictive covenant should become familiar with the state laws and court cases in their region that cover these agreements. A restrictive covenant is a contract that forbids an employee or partner from performing similar work in the area after the work relationship is terminated. In most states, the restrictive covenant must be subordinate to some other enforceable contract such as an employment contract. Many courts differ on whether the restrictive covenant can be enforced in the absence of an employment contract, a condition called at-will employment.

Cases, Labor contracts

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Restrictive covenants and associateships

Article Abstract:

It is a good idea for all dentists to have a restrictive covenant but it should offer the smallest protection needed. Restrictive covenants are contracts between dentists and any associates they train stating that the associates will not compete with their mentors if they start their own practice. The restriction covers a limited geographic area and is only enforced for 2 to 5 years. Courts will consider many factors when interpreting these contracts, including the community's need for dentists. A fine is usually levied for any breach of contract.

Interpretation and construction

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