Doctors are persons whose work requires licensure pursuant to
Minnesota Statutes, section
Doctors who, in addition to their private practices, enter into
arrangements with industrial firms to examine and treat the firm's employees on
a part-time basis, are independent contractors if all of the following criteria
A. The firm is interested in
securing a medical service rather than the personal service of the doctor and
an employment relationship is not contemplated under the terms of the agreement
between the parties. The doctor, in effect, accepts the firm as an additional
client in the doctor's private practice.
B. The doctor has the right to leave the
firm's premises during working hours if an emergency arises in private
C. The doctor has the
right to send a substitute to perform the services.
D. The doctor does not have the right to
terminate the relationship on short notice.
E. Direct supervision and control over the
services were not contemplated by the parties to the agreement.
Doctors described in subpart
1 are employees if all of the
following criteria are substantially met.
A. The doctor's services are materially
integrated into the operating organization of the firm.
B. The doctor performs services of a
substantial nature for the firm on a regular and continuing basis.
C. The doctor is subject to supervision and
control by the firm to the extent necessary to require compliance with its
general policies and procedures.
The doctor is accorded the rights and privileges that the firm extends to its
Definition of factors.
This subpart explains the factors listed in subpart
Materially integrated is determined by
factors such as:
(1) the payment of a salary
or fixed rate of pay as compared to remuneration on a fee basis;
(2) a contract term indicating a mutual
intention to create an employer and employee relationship;
(3) the firm engages the services of a
substitute in the event of the doctor's absence;
(4) the remuneration is reported as wages for
social security purposes; and
the doctor, for income tax purposes, reported the remuneration as
B. Regular and
continuing basis means agreement to a schedule of definite and fixed hours of
service and the requirement to follow the schedule without substantial
C. Compliance with
policies and procedures exists where the methods, routines, and procedures
followed by the doctor are subject to supervision. The supervision may be of
varying degree and nature, for example, supervision exercised by a medical
director may include somewhat detailed control over the physician's medical
routines where the supervision exercised by a hospital administrator may lay
less emphasis on this aspect. However, the factor of compliance is met where
the physician is required to follow the employer's rules regarding the
physician's methods of operation generally, including the obligation to treat
assigned patients, the report the physician must submit, the priorities the
physician must follow both medically and administratively, and the standards
the physician must maintain regarding equipment and cleanliness.
D. Rights and privileges include vacation and
sick leave with pay, holiday pay, severance pay, and pension and insurance