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Medical Doctor Agreement

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MEDICAL DOCTOR AGREEMENT

This Medical Doctor Agreement (the "Agreement") is entered into as of by and between Medical Practice Name: organized under the laws of with principal place of business at ("Practice"), and Doctor Name: License Number: with primary address at ("Physician").

RECITALS

WHEREAS, Practice operates a medical practice and requires licensed professional services for the diagnosis, treatment and care of its patients; and

WHEREAS, Physician is duly licensed, qualified and willing to provide medical services in accordance with the terms and conditions set forth in this Agreement; and

WHEREAS, the parties desire to set forth the scope of services, compensation, confidentiality, insurance and other material terms governing Physician's provision of services to Practice.

SCOPE OF WORK

Physician shall provide professional medical services, including but not limited to patient examination, diagnosis, treatment, recordkeeping, on-call duties and related clinical responsibilities as reasonably requested by Practice and consistent with Physician's training and licensure. Physician shall perform such services in accordance with prevailing standards of care, applicable law and the policies of Practice.

PAYMENT TERMS

Practice shall compensate Physician for services rendered as set forth below. Physician shall submit itemized invoices that fairly describe services performed and shall cooperate with Practice's billing procedures.

Late fee applies to past-due amounts at the stated monthly percentage unless prohibited by law.

TERM AND TERMINATION

This Agreement commences on the Start Date set forth below and, unless earlier terminated in accordance with this Section, shall continue until the End Date set forth below or until terminated by either party with the required notice.

Either party may terminate this Agreement for cause upon written notice if the other party materially breaches a provision of this Agreement and fails to cure such breach within the notice period stated above. Practice may suspend Physician's privileges pending investigation of alleged professional misconduct.

Physician acknowledges that termination for cause may include, but is not limited to, loss of license, significant violation of Practice policies, or conduct that endangers patients.

CONFIDENTIALITY

Physician shall keep confidential all non-public information concerning Practice and its patients, including patient health information and records, except as required in the performance of duties or as compelled by law. Physician shall comply with all applicable patient privacy and medical records laws and regulations. This obligation of confidentiality shall survive termination of this Agreement for a period of .

INSURANCE AND CREDENTIALING

Physician shall maintain current professional liability (malpractice) insurance in the minimum amount set forth below and shall provide certificates of insurance to Practice upon execution of this Agreement and upon renewal thereafter.

COMPLIANCE; INDEPENDENT CONTRACTOR; INDEMNIFICATION

Physician represents and warrants that Physician holds an active, unrestricted license to practice medicine, is in good standing with licensing authorities, and is able to perform the services described. Physician shall comply with all applicable federal, state and local laws and the policies of Practice.

The parties acknowledge that Physician is engaged as an independent contractor and not as an employee. Physician is responsible for all personal taxes, withholding and other obligations arising from compensation paid under this Agreement.

Each party shall indemnify, defend and hold harmless the other party from and against any third-party claims, liabilities, losses or expenses (including reasonable attorneys' fees) to the extent caused by the indemnifying party's negligence, willful misconduct or breach of this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, whether written or oral. Any amendment or modification of this Agreement must be in writing and signed by both parties.

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. Waiver of any breach shall not constitute waiver of any other breach.

Practice

Printed Name:

By:

Date:

Physician

Printed Name:

By:

Date:

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What a Medical Doctor Agreement Covers

A Medical Doctor Agreement is a written contract that sets forth the relationship between a physician and a practice, hospital, clinic, or other healthcare entity. It typically defines scope of services, compensation, work schedule, privileges, credentialing responsibilities, termination rights, confidentiality, and regulatory compliance obligations. The agreement allocates risk, clarifies duties such as call coverage and charting standards, and identifies which party bears malpractice insurance and indemnity costs. Well-drafted agreements reduce misunderstandings and support regulatory compliance across employment, independent contractor, and partnership arrangements.

Why Use a Medical Doctor Agreement and Its Legal Basis

A formal agreement documents expectations, protects licensure and patient safety, and defines compensation and termination processes. For electronic execution, the ESIGN Act (15 U.S.C. §7001) and UETA provide legal parity for electronic signatures; state law may add requirements, and exceptions such as wills or court orders can apply.

Why Use a Medical Doctor Agreement and Its Legal Basis

Who Typically Prepares or Signs This Agreement

The Medical Doctor Agreement is completed by healthcare organizations, physicians, and administrative staff responsible for contracts and credentialing.

  • Healthcare employers and medical groups: HR and legal teams prepare contract drafts for new hires or contractors.
  • Physicians and clinicians: Review compensation, call schedules, restrictive covenants, and credentialing sections before signing.
  • Practice administrators and medical staff offices: Handle routing, credential verification, and retention of executed copies.

Internal counsel, HR, medical staff offices, and authorized physician signers generally coordinate to finalize and retain the executed agreement.

Who Can Sign and Approve

Signing Physician

Physicians sign in their individual capacity to accept the terms of employment or independent contractor engagement. The signing physician must ensure the legal name matches professional licensure records and should confirm any restrictive covenants do not conflict with existing obligations.

Authorized Employer Representative

An executive, medical director, or delegated contracting officer signs for the practice or hospital. That signer must have express corporate authority or board delegation to bind the organization and should be identified by title in the agreement.

Core Components to Include

A comprehensive Medical Doctor Agreement contains provisions that address operational, financial, and compliance matters. Include clear, enforceable clauses to limit disputes and support credentialing and billing workflows.

Scope of Services

Describe duties, clinical responsibilities, call coverage, on‑call frequency, clinic hours, and any administrative tasks the physician must perform.

Compensation

Specify base salary, productivity formulas, bonus metrics, billing splits, expense reimbursements, and payment timing to avoid ambiguity.

Term & Termination

State the effective date, term length, renewal mechanics, notice periods, and termination for cause or convenience.

Malpractice & Indemnity

Allocate responsibility for malpractice insurance, limits, tail coverage, and indemnification obligations between parties.

Restrictive Covenants

Include noncompete, nonsolicit, and confidentiality clauses, tailored to state law and narrowly drawn to increase enforceability.

Regulatory Compliance

Address licensure, DEA registration, HIPAA privacy/security obligations, Medicare/Medicaid billing compliance, and reporting duties.

Step-by-Step: Completing the Medical Doctor Agreement

Follow an ordered process to prepare, review, and execute the agreement to reduce onboarding friction and compliance risk.

  • 01
    Drafting: Populate base terms using a standard template and insert role‑specific details.
  • 02
    Internal Review: Legal and HR should verify compensation, credentialing, and restrictive covenant language.
  • 03
    Physician Review: Provide the physician sufficient time to review, seek counsel, and request clarifications.
  • 04
    Execution & Retention: Obtain signatures, preserve original or reliable electronic record, and distribute copies to relevant departments.

Real-World Scenarios Where This Agreement Applies

Practical examples illustrate how clauses are used in common healthcare contexts and how organizations manage execution and retention.

Fertility Clinic Onboarding

A reproductive medicine center needed standardized physician contracts to streamline credentialing and billing

  • The clinic added explicit call schedules and compliance language
  • The organization centralized executed agreements in a secure electronic repository to speed credentialing and ensure HIPAA‑covered workflows.

Rural Hospital Recruitment

A small hospital offered a contract with productivity incentives to recruit an OB/GYN

  • It included relocation reimbursement and limited noncompete terms
  • The hospital used consistent templates and documented authority to approve exceptions, reducing negotiation time and legal risk.

Configuring an Online Workflow for Execution

Set up an electronic signing workflow that routes the agreement through required reviewers and captures a complete audit trail.

Field Configuration
Signer Order Sequential routing: employer reviewer → physician → authorized representative
Authentication Email link plus optional SMS code or ID verification for higher assurance
Required Fields Make signature, printed name, date, and compensation fields mandatory
Retention Settings Enable PDF export plus audit trail retention and secure storage

Where to Send or File an Executed Agreement

After execution, distribute and file the agreement to support payroll, credentialing, and legal compliance.

  • Medical Staff Office: File a copy to support privileging and credentialing records.
  • Human Resources: Send for payroll setup, benefits enrollment, and personnel file inclusion.
  • Legal / Contracts: Store the executed original or authoritative electronic copy for corporate records.
  • Billing Department: Provide compensation formulas and tax information for claims and reconciliation.

Digital Signing Considerations and Integrations

Use an eSignature platform that supports HIPAA compliance, audit trails, and integrations with core systems.

  • Authentication: Email, SMS, KBA, or advanced signer verification options
  • Integrations: Connectors for EHRs, HRIS, or ERP reduce duplicate entry
  • Formats: PDF and DOCX support plus detailed audit trail

Typical Timing and Deadline Expectations

Track timeline milestones for review, signing, and downstream processes such as credentialing and payroll setup.

Offer Response Window:

7–14 days from delivery for physician acceptance in many practices

Credentialing Submission:

Submit within 30 days of hire to avoid privileging delays

Payroll Onboarding:

Provide completed tax and direct deposit forms before first pay cycle

Benefits Enrollment:

Typically within 30–60 days of effective date per plan rules

Record Retention:

Store executed agreement per retention policy described below

Key Onboarding Milestones

A sequential milestone view helps HR and medical staff synchronize onboarding tasks and approvals.

01

Offer Issued

Organization issues the agreement and supporting attachments for review.

02

Physician Acceptance

Physician reviews, negotiates if needed, and signs to accept terms.

03

Credentialing Complete

Medical staff office verifies licensure, privileges, and background checks.

04

Operational Start

Physician begins clinical duties, scheduling, and billing under the agreement.

Common Preparation Errors to Avoid

  • Leaving compensation formulas vague or undefined leads to disputes and payroll reconciliation problems.
  • Failing to align the physician's legal name with licensure and tax records can block credentialing and cause IRS backup withholding.
  • Overly broad restrictive covenants that ignore state law risk unenforceability and costly litigation.
  • Not preserving a reliable executed record and audit trail for electronic signatures can complicate enforcement and accreditation reviews.

Risks and Consequences of an Incorrect Agreement

Contract Disputes: Breach claims and litigation exposure
Credentialing Delays: Loss of privileges or postponed start dates
Regulatory Sanctions: HIPAA or billing compliance penalties
Tax Consequences: Incorrect W‑9/TIN data triggers backup withholding
Insurance Gaps: Unclear malpractice coverage obligations
Enforceability Issues: Invalid restrictive covenants under state law

eSignature Vendor Pricing Snapshot for This Agreement

Comparing base pricing and key features can help organizations choose a compliant eSignature provider for physician agreements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial No No No No
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Supporting Documents and Export Options

Attach common exhibits and choose export formats that preserve signatures and metadata for audit and regulatory needs.

Exhibits

Common attachments include job description, compensation addendum, schedule, privileging form, and malpractice insurance certificates; include versioning details.

File Formats

Export signed agreements as PDF/A for long‑term preservation and retain the native DOCX for future edits when appropriate.

Audit Trail

Preserve metadata: signer identity, IP, timestamps, and any authentication method used to support enforceability.

Backup Storage

Store copies in secure document management and a secondary archive with role‑based access controls for compliance.

Practical Tips for Accurate and Efficient Completion

Small process improvements reduce legal exposure and speed onboarding for physicians.

Standardize Templates
Use a single approved template with modular exhibits to maintain consistency and accelerate review while allowing limited, documented exceptions.
Centralize Approvals
Route contracts through a designated workflow with named approvers to prevent unauthorized deviations and ensure timely signoff.
Verify Identity
Require a government ID match or higher‑assurance electronic authentication when signing to ensure attribution and aid credentialing.
Preserve Evidence
Keep the signed PDF plus the complete audit trail (timestamps, IP, authentication method) to support enforceability and accreditation reviews.

Essential Data Elements to Collect and Protect

Physician Name: Full legal name
License Information: State and license number
Tax ID: SSN or EIN for payroll and tax forms
Insurance Details: Malpractice carrier and policy limits
Contact Address: Street address, city, state, ZIP
Effective Date: MM/DD/YYYY

Frequently Asked Questions About Medical Doctor Agreements

Answers to common questions cover enforceability, electronic signing, notary requirements, and how to correct errors after execution.


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