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What Agreements Does a Multidisciplinary Clinic Need in Ontario?

Jul 25, 2024
7 min read

Opening or expanding a multidisciplinary clinic involves more than incorporating a business and finding qualified practitioners.


A clinic may work with psychotherapists, social workers, nurse practitioners, peer support workers and other healthcare professionals. Each practitioner may have different responsibilities, professional standards, payment arrangements and client record obligations.



The clinic may also have separate legal relationships with clients, employees, business owners, landlords and service providers.


As a result, there is no universal package of agreements that every multidisciplinary clinic needs. The appropriate documents depend on how the clinic is owned, which services it provides and how its practitioners work with the clinic.


However, several agreements and legal documents should be considered before a clinic begins providing services or adds a new practitioner.


1. Independent Contractor Agreements


Many multidisciplinary clinics engage practitioners as independent contractors.


A written independent contractor agreement can establish the intended relationship between the clinic and the practitioner. Depending on the arrangement, it may address:

  1. The services the practitioner will provide

  2. How the practitioner will be compensated

  3. Invoicing and payment procedures

  4. Administrative or clinic fees

  5. Professional registration requirements

  6. Insurance requirements

  7. Confidentiality and privacy obligations

  8. Client scheduling and cancellations

  9. Use of clinic systems and technology

  10. Client records and documentation

  11. Termination rights

  12. Responsibilities when the relationship ends


The agreement should reflect the clinic’s actual operations. Calling a practitioner an independent contractor does not determine their legal status by itself.


Ontario’s employment status guidance confirms that the substance of the working relationship is important. Relevant considerations may include the clinic’s degree of control, the practitioner’s financial risk, their opportunity for profit and the degree of independence in the relationship.


The clinic’s written agreement and its actual practices should therefore be consistent.


2. A Master Clinic Agreement With Profession Specific Schedules


A clinic working with several types of practitioners may consider using a master independent contractor agreement supported by profession specific role schedules.


The master agreement can establish general terms that apply across the clinic’s contractor relationships. These may include payment procedures, confidentiality, privacy, insurance, termination, use of clinic property and dispute resolution.

Separate schedules can then address the services and responsibilities associated with each professional role.


For example, a clinic may use different schedules for:

  1. Psychotherapists

  2. Social workers

  3. Nurse practitioners

  4. Peer support workers


A psychotherapist schedule should not simply be copied and used for a nurse practitioner or peer support worker. The practitioner’s services, qualifications, professional obligations, insurance and record responsibilities should be considered separately.


This structure may help the clinic maintain consistent general terms while recognizing meaningful differences between practitioners.


However, separate agreements may be more appropriate where the relationships are substantially different. The clinic’s agreement structure should be selected based on its actual operating model.


3. Employment Agreements


Not every person working in a multidisciplinary clinic will necessarily be an independent contractor.


A clinic may hire administrative staff, intake coordinators, assistants or practitioners as employees. If so, the clinic should consider written employment agreements.


An employment agreement may address:

  1. The employee’s position and responsibilities

  2. Compensation

  3. Hours of work

  4. Vacation entitlement

  5. Benefits, if applicable

  6. Confidentiality

  7. Privacy and information security

  8. Ownership of work materials

  9. Termination rights

  10. Compliance with clinic policies


The agreement should comply with Ontario employment legislation. Termination provisions require particular care because improperly drafted language may not provide the protection the clinic intended.


The clinic should also avoid using an independent contractor agreement for a relationship that functions as employment in practice.


4. Client Consent Forms


The agreement between the clinic and a practitioner does not replace the documents used between the practitioner and the client.


Client consent forms may be required to explain the services being provided and obtain informed consent.


Depending on the service, a consent form may address:

  1. The nature and purpose of the service

  2. Potential benefits and limitations

  3. Client participation and expectations

  4. Confidentiality and its limits

  5. The use of electronic communications

  6. Virtual service delivery

  7. Fees and payment obligations

  8. Cancellation policies

  9. Emergency procedures

  10. Withdrawal of consent


Consent is not merely a signature obtained when the client begins receiving services.


It should reflect the practitioner’s legal and professional obligations and the nature of the service being provided.


A generic consent form may not be suitable for every practitioner in a multidisciplinary clinic. The form used for psychotherapy may require different language from the form used for peer support or another service.


5. Client Service Terms


A clinic may also require terms governing the business aspects of the client relationship.


These terms may address:

  1. Service fees

  2. Payment procedures

  3. Cancellation charges

  4. Refunds

  5. Insurance receipts

  6. Communication methods

  7. Virtual appointments

  8. Technology requirements

  9. Complaints or concerns

  10. Ending services


Some of these matters may appear in a consent form, while others may be addressed through separate client service terms. The appropriate structure depends on the clinic and the services being provided.


The documents should be consistent. For example, the cancellation policy in the client terms should not contradict the policy described by the practitioner or displayed through the clinic’s booking system.


6. Privacy Policies


Multidisciplinary clinics may collect significant amounts of personal and health information.


A privacy policy can explain how the clinic collects, uses, stores and discloses information. Depending on the clinic’s structure, it may address:

  1. The categories of information collected

  2. The purposes for collecting information

  3. Access to client information

  4. Storage and security practices

  5. Electronic communications

  6. Virtual service platforms

  7. Disclosure to third parties

  8. Requests for access or correction

  9. Privacy complaints

  10. Contact information for privacy questions


The clinic should also determine who is responsible for client records and how privacy responsibilities are allocated between the clinic and its practitioners.


The answer may depend on the clinic’s structure, how services are presented to clients, who controls the records and which professionals are involved. A contract can clarify operational responsibilities, but it cannot override obligations imposed by privacy legislation or professional standards.


Ontario clinics handling personal health information should consider the requirements of the Personal Health Information Protection Act, 2004. Regulated practitioners must also comply with the standards established by their respective regulatory colleges. For example, the College of Registered Psychotherapists of Ontario maintains professional standards concerning record keeping, documentation and business practices.


7. Confidentiality Agreements


Confidentiality obligations are often addressed within contractor agreements, employment agreements or other service agreements.

In some circumstances, a separate confidentiality agreement may also be appropriate.


Confidentiality provisions may protect:

  1. Client information

  2. Clinic procedures

  3. Pricing information

  4. Business plans

  5. Training materials

  6. Proprietary forms

  7. Financial information

  8. Practitioner information


The document should distinguish between confidential business information and information that is subject to privacy or professional obligations.


A broad confidentiality clause should not prevent a practitioner from complying with legal reporting duties, professional standards or lawful regulatory requirements.


8. Agreements Between Clinic Owners


A clinic with more than one owner should consider a written agreement governing the relationship between the owners.


Depending on the business structure, this may be a shareholders agreement or partnership agreement.


An ownership agreement may address:

  1. Ownership percentages

  2. Financial contributions

  3. Management responsibilities

  4. Decision making authority

  5. Compensation and distributions

  6. Admission of new owners

  7. Transfer of ownership interests

  8. Illness, disability or death

  9. Dispute resolution

  10. The departure of an owner

  11. Sale or closure of the clinic


Clinics sometimes focus on practitioner agreements while leaving the ownership relationship undocumented. This can create significant problems if the owners later disagree about finances, management or the future of the business.


The ownership agreement should be prepared for the clinic’s actual structure and should be consistent with its corporate documents.


9. Commercial Lease Documents


A clinic operating from a physical location may require a commercial lease or a review of the landlord’s proposed lease.


Commercial leases often allocate significant obligations to the tenant. A clinic should consider provisions concerning:

  1. Permitted use of the premises

  2. Base rent and additional rent

  3. Operating costs

  4. Renovations and improvements

  5. Signage

  6. Accessibility

  7. Insurance

  8. Repairs and maintenance

  9. Assignment or transfer of the lease

  10. Renewal rights

  11. Default and termination

  12. Restoration of the premises


The permitted use provision is particularly important. It should support the services the clinic intends to provide and allow for anticipated growth where appropriate.


A clinic should avoid signing an offer to lease or other preliminary document without understanding whether it creates binding obligations.


10. Agreements With Technology and Service Providers


Virtual and in person clinics may rely on booking platforms, electronic record systems, payment processors, billing providers and other service providers.


The clinic should understand the terms governing these relationships, particularly where a provider will handle client information.


Relevant issues may include:

  1. Data access

  2. Information security

  3. Storage locations

  4. Use of subcontractors

  5. Service interruptions

  6. Data export when the relationship ends

  7. Liability limitations

  8. Termination rights

  9. Changes to pricing

  10. Privacy responsibilities


The clinic may not be able to negotiate every platform agreement. However, reviewing important terms can help the clinic understand its obligations and determine whether additional internal procedures are needed.


11. Corporate Documents


If the clinic operates through a corporation, it should also maintain appropriate corporate records.


These may include:

  1. Articles of incorporation

  2. Corporate bylaws

  3. Initial organizational resolutions

  4. Director and officer appointments

  5. Share issuances

  6. Corporate registers

  7. Annual resolutions

  8. Annual return filings


The clinic should also consider whether any professional corporation restrictions apply.


A professional corporation created for one regulated profession may not necessarily be suitable as the operating company for an entire multidisciplinary clinic. The ownership and professional rules applicable to the corporation should be reviewed before the clinic begins contracting with multiple types of practitioners.


Which Documents Should Be Prepared First?


The order will depend on the clinic’s stage of development.


A clinic preparing to engage its first practitioners may begin with:

  1. The clinic’s corporate structure

  2. Its contractor or employment agreements

  3. Profession specific role schedules

  4. Client consent forms

  5. Client service terms

  6. A privacy policy

  7. Record and information handling responsibilities


A clinic with multiple owners should also address the ownership relationship early. A clinic leasing physical premises should review the lease before committing to the location.


The documents should be considered together. Preparing each document in isolation can result in conflicting language, unclear responsibilities and gaps between the clinic’s contracts and its actual practices.


Common Contract Gaps in Multidisciplinary Clinics


Clinic owners should be cautious if:

  1. Every practitioner has received the same generic agreement

  2. Practitioner responsibilities are described vaguely

  3. Compensation calculations are unclear

  4. Administrative fees are not explained

  5. The agreement does not address client records

  6. The clinic’s privacy documents do not reflect its systems

  7. Consent forms are used for services they were not designed to cover

  8. There is no process for practitioner departures

  9. Ownership arrangements have not been documented

  10. The clinic’s agreements no longer reflect its operations


These issues do not necessarily require every document to be replaced. They do indicate that the clinic’s legal documents should be reviewed as an integrated structure.


Legal Support for Multidisciplinary Clinics


The legal documents required by a multidisciplinary clinic depend on its ownership, services, practitioners and operating model.


Delta Law assists Ontario multidisciplinary clinics with legal services that may include:

  1. Master clinic independent contractor agreements

  2. Profession specific role schedules

  3. Separate practitioner agreements

  4. Employment agreements

  5. Privacy policies

  6. Client consent forms

  7. Ownership agreements

  8. Incorporation and corporate organization

  9. Commercial lease reviews


If you are opening a multidisciplinary clinic, adding practitioners or reviewing documents that no longer reflect your operations, we can help you identify the agreements relevant to your clinic.


Book a Consultation to discuss the legal documents for your multidisciplinary clinic.

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