Independent practice agreement
Drafting of an agreement compliant with ethical requirements: professional independence, practice conditions, fee for use, management of operating theatre slots.
→ Health · Sub-expertise
The clinic practice agreement structures the relationship between the practitioner and the institution: it sets out the practice conditions, remuneration, mutual obligations and exit arrangements. Precise drafting is essential to preserve professional independence, secure income and anticipate career transitions.
→ What we cover
Drafting of an agreement compliant with ethical requirements: professional independence, practice conditions, fee for use, management of operating theatre slots.
Calibration of the fee paid to the institution (percentage of fees, fixed amount), alignment with the services provided (premises, equipment, secretarial support).
Negotiation of post-contractual non-compete clauses, strictly framed in the medical field (proportionality, compensation, geographical limitation).
Framing of operating theatre slots, access to equipment, management of the patient base, coordination with the other practitioners and the institution's staff.
Conditions for assigning or transferring the agreement to a successor, coordination with the possible transfer of the patient base and the professional practice.
Framing of termination (grounds, notice, consequences), defence in the event of a dispute with the institution (contested termination, payment of fees).
→ Our approach
01
Analysis of the practitioner's project (specialty, mode of practice, career plan), the clinic's environment and the proposed conditions.
02
Negotiation of the key terms (fee, slots, exit), alignment with ethical and tax considerations.
03
Signing of the agreement, submission to the departmental council of the professional board for review (mandatory for physicians), formalisation.
04
Day-to-day advice, anticipation of changes (slots, fee), management of exits (assignment, retirement, conflict).
→ Who we help
Negotiation of the first practice agreement: fee, operating theatre slots, access to equipment, exit conditions and a calibrated non-compete clause.
Renegotiation of the fee and practice conditions after several years, alignment with the evolution of the practitioner's activity and the clinic's business model.
Support for the transfer of a patient base between practitioners with transfer of the practice agreement to a successor, alignment with professional ethics.
Defence of a practitioner whose agreement is terminated by the clinic: challenge of the grounds, compensation claim, settlement negotiation or litigation.
→ Q&A
Yes for physicians: any agreement whose purpose is the practice of the profession must be communicated to the departmental council of the professional board, which verifies its compliance with the code of medical ethics. Failure to disclose may lead to disciplinary sanctions.
It varies by specialty, by institution and by the services provided: generally between 10 and 30% of fees, sometimes more for specialties with heavy technical facilities. The fee must reflect the actual value of the services and cannot constitute disguised remuneration for the provision of a patient base.
Yes, subject to strict conditions: limitation in time, in geographical scope and in activity, proportionality to the institution's legitimate interest, and financial compensation where it prevents professional practice. An excessive clause is void or reduced by the court.
The assignment of a medical patient base is permitted provided that the patient's freedom of choice is respected (settled case law). It requires an effective introduction of the successor, support throughout the transition and contractual formalisation compliant with professional ethics.
→ Go further
Let's talk. We respond within one business day to qualify your transaction and direct you to the firm's most suitable lawyer.
Get in touch→