As an employer you hired an optometrist to clinically evaluate patients and work as described in an Associate Agreement. So what happens when your associate OD uses patient clinical data generated when working with your company?
For example, the associate examines patients four days a week and uses down time during those hours to write papers that are then published in both peer-reviewed journals and professional journals alike. Depending on the length and depth of the topic, the associate may be compensated for the work. Should this time and use of clinical data and records that are owned by the employing optometrist’s practice be property of the associate, or the owner?
Here is an example of the above outlined in an Associate Agreement.
Should employee be a recipient of any research grant, books, publications or other revenue-generating materials involving retrospective, current, or prospective studies on patients of “Your Practice Name” who have been examined and/or treated primarily by the Employee during the ordinary course of business, all revenue received from such efforts shall be the property of Employer and shall be added to and considered to be a part of the gross revenues generated by Employee.
Associates may feel they would have their hands tied with the above stipulation. That’s why it is so important to read associate agreements thoroughly and to not sign anything with which you are not comfortable. If you plan on researching or writing during the time of your employment, then negotiate for the privilege of doing just that. I would recommend consulting your attorney prior to signing the associate agreement to make sure you have the freedom to work at the optometry practice and do research and writing.
