Practice Personnel. 25 5.3 Professional Standards............................................. 26 5.4
Practice Personnel. (a) Physician Personnel and Optometrists. Practice shall retain ------------------------------------ the number of Physicians and Optometrists as is reasonably necessary and appropriate in the sole discretion of Practice for the provision of Medical Services. Each Physician shall hold and maintain a valid and unrestricted license to practice medicine in the state of Indiana, shall be certified by the American Board of Ophthalmology, and shall be competent, in the reasonable opinion of Practice, in the practice of ophthalmology. Each Optometrist shall hold and maintain a valid and unrestricted license to practice optometry in the state of Indiana, and shall be competent, in the reasonable opinion of Practice, in such practice. Practice shall enter into and maintain with each such retained Physician and Optometrist a written employment agreement substantially in the form of either Exhibit ------- 5.1 for --- Physician-Shareholders or Exhibit 5.2A for any Physician-Employees not ------------ employed by Practice as of the Original Date. Practice will neither commit nor permit to remain outstanding any breach of such employment agreement that would allow any Physician or Optometrist to terminate for cause. Regardless of whether the compensation is a Practice Expense or Office Expense, Practice shall be responsible for paying the compensation and benefits, as applicable, for all Physicians, Optometrists, and any other physician personnel or other contracted or affiliated physicians, and for withholding any sums for income tax, unemployment insurance, social security or any other withholding required by applicable law. If requested, Business Manager shall, on behalf and at the direction of Practice, administer the compensation with respect to such individuals in accordance with the written agreement between Practice and each Physician or Optometrist. Business Manager shall neither control nor direct any Physician or Optometrist in the performance of Medical Services for patients.
Practice Personnel. The Practice shall retain, that number of Professionals sufficient in the sole discretion of the Practice as are reasonably necessary and appropriate for the provision of Professional Eye Care Services, each of whom shall act in accordance with the applicable provisions of this Business Management Agreement. Each Optometrist retained by the Practice shall hold and maintain a valid and unrestricted license to practice optometry in the State, and shall be competent in the practice of optometry. The Practice shall enter into and maintain with each such retained Optometrist and enforce a written employment agreement substantially in the form of Exhibit 4.2B. Notwithstanding the foregoing provisions, the employment contracts currently in effect on the effective date of this Agreement with the non-shareholder Professionals identified on Exhibit 4.2C shall remain in force during the existing term; provided, however, that upon completion of such term should the non-shareholder remain at the Practice or at such time the non-shareholder Professional is granted options by Vision 21, such Professionals' employment contracts shall then be immediately replaced with employment contracts in substantially the form of Exhibit 4.1C. The Practice shall be responsible for hiring, training, supervision, discipline, termination and paying the compensation, and benefits as applicable, for all Professional personnel and other contracted or affiliated Professionals, and for withholding, as required by law, any sums for income tax, unemployment insurance, social security, or any other withholding required by applicable law. Business Manager shall, however, on behalf of the Practice, administer the compensation with respect to such individuals in accordance with the written employment agreement between the Practice and each Professional. The Practice shall cause its Professionals to obtain and maintain all licenses and permits required in connection with the practice of optometry, any other business it has or the administration of drugs by such Professionals. Business Manager shall neither control nor direct any Professional in the performance of Professional Eye Care Services for patients. All damages recovered for violations of non-competition covenants from Professionals subject to employment agreements in the forms of Exhibit 4.1C, Exhibit 4.2A, or Exhibit 4.2B shall be treated as Adjusted Gross Revenue.
Practice Personnel. (a) Physician Personnel and Optometrists. Practice shall retain the ------------------------------------ number of Physicians and Optometrists as is reasonably necessary and appropriate in the sole discretion of Practice for the provision of Medical Services. Each Physician shall hold and maintain a valid and unrestricted license to practice medicine in the Commonwealth of Virginia, and shall be competent, in the reasonable opinion of Practice, in the practice of ophthalmology. Each Optometrist shall hold and maintain a valid and unrestricted license to practice optometry in the Commonwealth of Virginia, and shall be competent, in the reasonable opinion of Practice, in such practice. Practice shall use its best efforts to enter into and maintain with each such retained Physician and Optometrist a written employment agreement substantially in the form of either Exhibit 5.1 for Physician-Shareholders or Exhibit 5.2A for Physician-Employees. ----------- ------------ Practice will neither commit, nor permit to remain outstanding, any breach of such employment agreement that would allow any Physician or Optometrist to terminate for cause. Regardless of whether the compensation is a Practice Expense or Office Expense, Practice shall be responsible for paying the compensation and benefits, as applicable, for all Physicians, Optometrists, and any other physician personnel or other contracted or affiliated physicians, and for withholding any sums for income tax, unemployment insurance, social security or any other withholding required by applicable law. If requested, Business Manager shall, on behalf and at the direction of Practice, administer the compensation with respect to such individuals in accordance with the written agreement between Practice and each Physician or Optometrist. Business Manager shall neither control nor direct any Physician or Optometrist in the performance of Medical Services for patients.
Practice Personnel. (a) Physician Personnel and Optometrists. Practice shall retain the ------------------------------------ number of Physicians and Optometrists as is reasonably necessary and appropriate in the sole discretion of Practice for the provision of Medical Services. Each Physician shall hold and maintain a valid and unrestricted license to practice medicine in the state of Missouri, and shall be competent, in the reasonable opinion of Practice, in the practice of ophthalmology. Each Optometrist shall hold and maintain a valid and unrestricted license to practice optometry in the state of Missouri, and shall be competent, in the reasonable opinion of Practice, in such practice. Except as provided on Schedule 5.2A, Practice shall ------------- enter into and maintain with each such retained Physician and Optometrist a written employment agreement substantially in the form of either Exhibit 5.1 for ----------- Physician-Shareholders or Exhibit 5.2A for Physician-Employees. Practice will ------------ neither commit nor permit to remain outstanding any breach of such employment agreement that would allow any Physician or Optometrist to terminate for cause. Regardless of whether the compensation is a Practice Expense or Office Expense, Practice shall be responsible for paying the compensation and benefits, as applicable, for all Physicians, Optometrists, and any other physician personnel or other contracted or affiliated physicians, and for withholding any sums for income tax, unemployment insurance, social security or any other withholding required by applicable law. If requested, Business Manager shall, on behalf and at the direction of Practice, administer the compensation with respect to such individuals in accordance with the written agreement between Practice and each Physician or Optometrist. Business Manager shall neither control nor direct any Physician or Optometrist in the performance of Medical Services for patients.
Practice Personnel. (a) Physician Personnel and Optometrists. Practice shall retain the ------------------------------------ number of Physicians and Optometrists as is reasonably necessary and appropriate in the sole discretion of Practice for the provision of Medical Services. Each Physician shall hold and maintain a valid and unrestricted license to practice medicine in the state of Illinois, and shall be competent, in the reasonable opinion of Practice, in the practice of ophthalmology. Each Optometrist shall hold and maintain a valid and unrestricted license to practice optometry in the state of Illinois, and shall be competent, in the reasonable opinion of Practice, in such practice. Practice shall enter into and maintain with each such retained Physician and Optometrist a written employment agreement substantially in the form of either Exhibit 5.1 for Physician-Shareholders or ----------- Exhibit 5.2A for Physician-Employees. Practice will neither commit nor permit ------------ to remain outstanding any breach of such employment agreement that would allow any Physician or Optometrist to terminate for cause. Regardless of whether the compensation is a Practice Expense or Office Expense, Practice shall be responsible for paying the compensation and benefits, as applicable, for all Physicians, Optometrists, and any other physician personnel or other contracted or affiliated physicians, and for withholding any sums for income tax, unemployment insurance, social security or any other withholding required by applicable law. If requested, Business Manager shall, on behalf and at the direction of Practice, administer the compensation with respect to such individuals in accordance with the written agreement between Practice and each Physician or Optometrist. Business Manager shall neither control nor direct any Physician or Optometrist in the performance of Medical Services for patients.
Practice Personnel. (a) Physician Personnel and Optometrists. Practice shall retain the ------------------------------------ number of Physicians and Optometrists as is reasonably necessary and appropriate in the sole discretion of Practice for the provision of Medical Services. Each Physician shall hold and maintain a valid and unrestricted license to practice medicine in the States of Missouri and/or Kansas, and shall be competent, in the reasonable opinion of Practice, in the practice of ophthalmology. Each Optometrist shall hold and maintain a valid and unrestricted license to practice optometry in the States of Missouri and/or Kansas, and shall be competent, in the reasonable opinion of Practice, in such practice. Practice shall enter into and maintain with each such retained Physician and Optometrist a written employment agreement substantially in the form of either Exhibit 5.1 for Physician-Shareholders or ----------- Exhibit 5.2A-1 for Physician-Employees and Exhibit 5.2A-2 for employed -------------- -------------- Optometrists, or a written independent contractor agreement substantially in the form of Exhibit 5.2B for Physicians, Optometrists, or other persons or entities ------------- that provide, or employ individuals who provide, Medical Services as independent contractors. Practice will neither commit nor permit to remain outstanding any breach of such employment agreement or independent contractor agreement that would allow any Physician, Optometrist, or other entity to terminate for cause. Regardless of whether the compensation is a Practice Expense or Office Expense, Practice shall be responsible for paying the compensation and benefits, as applicable, for all Physicians, Optometrists, and any other physician personnel or other contracted or affiliated physicians, and for withholding any sums for income tax, unemployment insurance, social security or any other withholding required by applicable law. If requested, Business Manager shall, on behalf and at the direction of Practice, administer the compensation with respect to such individuals in accordance with the written agreement between Practice and each Physician or Optometrist. Business Manager shall neither control nor direct any Physician, Optometrist or other entity in the performance of Medical Services for patients.
Practice Personnel. (a) Physician Personnel and Optometrists. Practice shall retain the number of Physicians and Optometrists as is reasonably necessary and appropriate in the sole discretion of Practice for the provision of Medical Services. Each Physician shall hold and maintain a valid and unrestricted license to practice medicine in the state of Illinois, and shall be competent, in the reasonable opinion of Practice, in the practice of ophthalmology. Each Optometrist shall hold and maintain a valid and unrestricted license to practice optometry in the state of Illinois, and shall be competent, in the reasonable opinion of Practice, in such practice. Practice shall enter into and maintain with each such retained Physician and Optometrist a written employment agreement substantially in the form of either Exhibit 5.1 for Physician-Shareholders or Exhibit 5.2A for Physician-Employees. Practice will neither commit nor permit to remain outstanding any breach of such employment agreement that would allow any Physician or Optometrist to terminate for cause. Regardless of whether the compensation is a Practice Expense or Office Expense, Practice shall be responsible for paying the compensation and benefits, as applicable, for all Physicians, Optometrists, and any other physician personnel or other contracted or affiliated physicians, and for withholding any sums for income tax, unemployment insurance, social security or any other withholding required by applicable law. If requested, Business Manager shall, on behalf and at the direction of Practice, administer the compensation with respect to such individuals in accordance with the written agreement between Practice and each Physician or Optometrist. Business Manager shall neither control nor direct any Physician or Optometrist in the performance of Medical Services for patients.
Practice Personnel. The Practice shall retain, as a Practice ------------------- Expense, as the case may be, and not as an Office Expense, that number of Professionals sufficient in the sole discretion of the Practice as are reasonably necessary and appropriate for the provision of Professional Eye Care Services, each of whom shall act in accordance with the applicable provisions of this Business Management Agreement. Each Optometrist retained by the Practice shall hold and maintain a valid and unrestricted license to practice optometry in the State, and shall be competent in the practice of optometry. The Practice shall be responsible for hiring, training, supervision, discipline, termination and paying the compensation, and benefits as applicable, for all Professional personnel and other contracted or affiliated Professionals. The Practice shall cause its Professionals to obtain and maintain all licenses and permits required in connection with the practice of optometry, any other business it has or the administration of drugs by such Professionals. Business Manager shall neither control nor direct any Professional in the performance of Professional Eye Care
Practice Personnel. (a) Physician Personnel and Optometrists. Practice shall retain (either directly or through Services Agreements or other agreements) the number of Physicians and Optometrists as is reasonably necessary and appropriate in the sole discretion of Practice for the provision of Medical Services. Each Physician shall hold and maintain a valid and unrestricted license to practice medicine each state in which said Physician practices, which may include, without limitation, Illinois and/or Indiana, and shall be competent, in the reasonable opinion of Practice, in the practice of ophthalmology. Each Optometrist shall hold and maintain a valid and unrestricted license to practice optometry in each state in which said Optometrist practices, which may include, without limitation, Illinois and/or Indiana, and shall be competent, in the reasonable opinion of Practice, in such practice. Practice shall enter into and maintain with each such retained Physician and Optometrist a written employment agreement substantially in the form of either Exhibit 5.1A for Practice-Owners who are individual Physicians or Exhibit 5.2A for Physician-Employees, or a written services agreement substantially in the form of Exhibit 1.59 for professional or medical service corporation Practice-Owners that employ a Physician pursuant to the terms of an employment agreement in the form of Exhibit 5.1A. Practice will neither commit nor permit to remain outstanding any breach of such employment agreement or Services Agreement that would allow any Practice-Owner, Physician or Optometrist to terminate for cause. Regardless of whether the compensation is a Practice Expense or Office Expense, Practice shall be responsible for paying the compensation and benefits, as applicable, for all Physicians, Optometrists, and any other physician personnel or other contracted or affiliated physicians, and for withholding any sums for income tax, unemployment insurance, social security or any other withholding required by applicable law (except as may be otherwise provided in the services agreements). Business Manager shall, on behalf and at the direction of Practice, administer the compensation with respect to such individuals in accordance with the written agreement between Practice and each Practice-Owner, other Physician or Optometrist. Business Manager shall neither control nor direct any Physician or Optometrist in the performance of Medical Services for patients.
