AND PHYSICIAN AGREEMENT
AGREEMENT is made and entered into as of this day
of , 2001, by and between PUBLIC
HOSPITAL DISTRICT NO.__________________, a non-profit
corporation (hereinafter referred to as “Clinic”), and
____________. (hereinafter referred to as “Physician).
under the authority of R.C.W. 70.44, which owns and operates
________________________, (hereinafter referred to as “_____”,
has had a contractual relationship with Physician who holds a
specialty of Family Practice to provide services to Clinic and it is
in the best interest of the Clinic, its patients and the community to
continue this contractual relationship.
Physician, is duly qualified to practice medicine in the State of
Washington, wishes to continue the contractual relationship.
Clinic and Physician, as parties to this Agreement, wish to ensure
their mutual success and to define their respective rights and
responsibilities each to the other.
THEREFORE, in consideration of the foregoing recitals and
the mutual promises and covenants hereinafter contained, the parties
agree as follows:
2.01 Compensation: The
Clinic agrees to employ the Physician during the term of this
Agreement. Clinic shall compensate the Physician at the base salary
of __________ per annum, paid in equal monthly installments.
Physician is eligible to take up to four (4) weeks of vacation
time per year, sixteen (16) days based on four (4) ten (10) hour days
per week. All accrued time will be lost beyond four (4) days.
Vacation time shall be accrued at the rate of 1.34 days per month
(based on average of four (4) ten (10) hours workdays per week).
Sick Leave: Sick leave shall accrue one (1) week or four
(4) days per year. Sick leave may be accumulated to 20 days. Any
time beyond that will be forfeited. If the physician leaves District
employment he/she shall not be paid for unused sick leave. Unused
vacation time will be paid upon termination of employment.
Hospital shall allow up to one (1) week of paid CME time.
Additionally, hospital shall reimburse approved CME expenses up to
$2,500.00 per year.
Sharing: Clinic agrees to pay Physician twenty-five (25%) of the
net income of the ________, determined on an annual basis, as of the
end of each of the fiscal years of the ___________ during which
Physician is employed by Clinic. In the event that Physician is
employed for only a part of any fiscal year, the amount to be paid to
Physician shall be pro-rated for the period of time that Physician
was actually employed by the Clinic. Net income shall be determined
in accordance with generally accepted accounting principals,
uniformly applied. Deductions from gross income to determine net
income shall include, but is not limited to, if applicable,
depreciation and an agreed upon reasonable amount for future
equipment purposes, which amount shall be placed into a segregated
account by the Clinic and shall be used only for such purchases. Net
profits shall not include any revenues from designated health
services as such term is defined by §1877 of the Social Security
Physician shall receive from the Clinic, in addition to
compensation, reimbursement of expenses and profit sharing provided
for elsewhere in this agreement, reimbursement of the costs and
expenses of membership in professional organizations including AAFP,
reimbursement of hospital staff fees, fully paid medical health
insurance, through the hospital insurance plan, fully paid dental
insurance premiums of the plan provided to other District employees,
and all benefits which are offered to other employees of _____ not
specifically enumerated herein.
Time Practice: Physician agrees to operate a full time practice
in the specialty of Family Practice. Full time practice is defined
as not less than forty (40) hours per week, including not less than
thirty-two (32) hours in the ____. Physicians will not provide
medical services or be engaged as a physician except to patients of
the ____, whether through employment, contract or self-employment,
except with the written consent of the Clinic at its sole discretion.
Privileges: Physician agrees to maintain active staff privileges
at ______________ during the term of this agreement. Physician
further agrees to fulfill the obligations attendant to granting of
such privileges, as defined in the Bylaws of Hospital’s medical
staff. The Clinic shall pay all fees, dues, subscriptions and other
costs and expenses associated with applying and renewing such staff
Service: Physician agrees to participate in the on-call service
currently being provided by a Primary Care Physician Group.
Physician will respond in a timely manner. The rotation may be
altered by the Group in an equitable manner.
Liability Insurance: Hospital agrees to provide professional
liability insurance in the amount of 2 million each claim and 3
Physician shall maintain an unrestricted license to practice
medicine in the State of Washington.
Assurance/Improvement: Physician shall be responsible for the
procedures and care for the Clinic that assures that patients
received quality care in a compassionate manner. Violation of this
provision of this Agreement shall constitute grounds for termination
of Physician’s employment by the Clinic, but shall not provide a
basis for any liability of Physician to Clinic of any nature or
description, including, without limitation, any claim for damages or
for indemnity, except to the extent that such claim is covered under
any errors and omissions insurance provided by the Clinic for the
Physician. During the term of Physician’s employment, Physician
shall have the authority to supervise all employees and other service
providers at the _______, which supervisor authority shall include,
without limitation, the right to hire and fire other employees of the
_______ with the consent of administrator. Nothing contained in
this agreement, including, with limitation, this Section, is intended
to create enforceable rights on behalf of any person not a party to
this agreement, nor is it intended that any third party beneficiary
be created hereunder.
Residence: Physician agrees to reside in __________ County
during the term of this agreement.
of Agreement: The term of this agreement shall be for a period of
thirty -six (36) months beginning __________. This agreement may be
terminated before the end of the twelve-month period on the
occurrence of any of the following events:
written mutual agreement of the parties hereto.
of Physician to meet the requirements for the medical staff
membership of the Hospital or failure of Physician to be approved and
appointed to the medical staff of the Hospital in accordance with its
of Physician from said medical staff for cause, subject to due
process and approval of termination by the Board.
material breach of the agreement by Physician or Hospital
or disability of Physician
party giving the other ninety- (90) days advance written notice.
of physician to be approved or maintain membership with key
4.02 Assignment: Nothing
contained in this agreement shall be construed to permit the
assignment or delegation by Hospital or Physician of any rights or
obligations hereunder and such assignment is expressly prohibited.
Not to Compete: Physician agrees she shall not compete either
directly or indirectly, or through any other legal entity, by being
an employee of, owning, operating, engaging in or having any other
economic interest in the family practice medical business within a
radius of fifteen (15) miles of __________, Washington for the period
of three (3) years commencing on the date of the termination of this
agreement. Physician acknowledges that in the event of default of
this covenant, District shall not have an adequate remedy at law and
shall be entitled to a preliminary injunction enforcing this
headings: Section headings are included herein for the
convenience of the parties and do not form a substantive part of this
WITNESS WHEREOF, the parties hereto have duly executed this agreement
effective the date first above written;