Hiring another professional at your HOF clinic: contracts

At some point, the orofacial harmonization (HOF) clinic grows enough to need another professional: to cover the schedule, expand the procedures offered or share costs. The decision is often made in a hurry, with a verbal deal ("you treat and we split") that seems simple and becomes a problem months later, when questions arise about money, patients, responsibility and the nature of the relationship.

This guide is written from the point of view of the one hiring (the clinic owner). The view of the person looking for work is in jobs and work models in HOF. Here you will find the relationship models, the risks of each, what the contract needs to cover and how the clinic gets organized. This is not legal or accounting advice: the final structure depends on a lawyer and an accountant, and on the rules of each professional's council in Brazil (CFO, CFM, CFBM, CFF, COFEN). Who may do what in HOF is a matter for each council, and this guide takes no position.

What relationship models exist?

The names vary, but in practice it comes down to a few formats:

Each one affects cost, liability, autonomy and the relationship with the patient. There is no best one, only the one that fits your moment and what you want from the relationship.

Why doesn't the name of the contract settle it?

Brazilian labor law follows the principle that the reality of the facts is what matters. The CLT (Brazil's Consolidated Labor Laws) describes an employee as an individual who provides services of a non-occasional nature, under dependence and subordination, in exchange for a salary. If in practice the "partner" professional keeps imposed hours, takes orders, cannot turn down patients, works only for your clinic and depends on the monthly pay, there is a risk that an employment relationship will be recognized, even if the contract says "partnership" or "PJ".

The elements that are usually analyzed:

• Personal service: the professional cannot be replaced by someone else.
• Regularity: works on a steady, continuing basis.
• Subordination: receives orders, schedule control, targets and penalties.
• Pay: is compensated for the service.
• Exclusivity and economic dependence: not a legal requirement, but it weighs in many cases.

Hiring professionals as companies is debated in the courts, and the case law keeps evolving. So do not use this text as a guarantee: use it as a list of questions for your lawyer.

What should the owner decide before talking?

Before presenting a proposal, answer for yourself:

1. What is the need? Cover the schedule, expand services, share costs, support growth.
2. How much control do I need? If you need fixed hours and a rigid standard of care, the model leans toward employment.
3. Who keeps the patient? This sets the value of the relationship and the source of conflicts.
4. What does the clinic provide? Room, equipment, supplies, reception, marketing, software, patient records.
5. How will the money flow? Who collects from the patient, when it is passed on, who issues the invoice.
6. What is the term and how does it end? Termination, notice, restrictions on soliciting patients, return of materials.
7. How are technical and civil liability handled? See the technical manager at an HOF clinic and liability insurance for HOF.

How do you check that the numbers work?

Before settling on any model, run the numbers. With a percentage split, the most common mistake is forgetting that the clinic already pays for product, facilities, taxes and card fees before dividing anything.

Hypothetical example: fictional figures. A treatment is charged at R$ 1,500.00. The clinic sets a 40% split for the partner professional.

The difference between splitting the gross amount and splitting what remains after costs is huge. That is why the contract must state which base the percentage applies to, who pays for product and fees, and how discounts and unpaid bills are handled. Use the price per ml and margin calculator and the break-even point to test feasibility, and see how much people working in HOF earn for the other side of the table.

Which clauses does the contract need to cover?

A list to take to your lawyer, not a ready-made template:

And the patient? Who do they belong to?

This is the question that causes the most conflict. Points of attention:

• The patient belongs to themselves, not to the clinic or the professional. What exists is a relationship of care and trust.
• The patient record has rules on retention and access. Define who keeps it, for how long and how the patient can get a copy.
• Data and photos are subject to the LGPD. Who is the controller? For what purposes can the images be used? See LGPD in the clinic's marketing.
• If the professional leaves, the patient's care cannot be interrupted without guidance. The contract should provide for communication and transition.
• Non-compete or non-solicitation clauses must be reasonable, limited and reviewed by a lawyer. Excessive ones can be challenged.

How do you align the team and the front desk?

A new professional's arrival affects the whole routine:

• Schedule: blocks, time per procedure and add-ons. See the HOF clinic schedule.
• Front desk: how to introduce the new professional, what to tell the patient about who treats them. See the HOF clinic front desk.
• Team: roles, training and who reports to whom. See team management at an HOF clinic.
• Inventory and traceability: who buys, who injects, who records the lot number. See traceability of injectables.
• Communication with the patient: who the professional responsible for the care is should be clear in the consent form and in the patient record.

Taxes and accounting

How you hire changes the taxation of the clinic and of the professional. Payroll affects eligibility for Simples Nacional (Brazil's simplified tax regime; see Simples Nacional for an HOF clinic), paying a PJ requires an invoice (see service invoices at an HOF clinic) and splitting revenue with a partner has its own accounting treatment. Ask your accountant for a comparison of the models under consideration, including the effect on fixed costs and on cash flow.

Common mistakes

• A verbal deal with no written contract.
• A copied contract from another industry or an internet template, with no adaptation.
• A partnership on paper and employment in practice.
• A percentage with no defined calculation base.
• Ignoring the professional's council and its advertising rules.
• Not planning the exit and the transition of patients.
• Leaving clinical documentation with no owner.
• Not aligning insurance and liability for complications.

Checklist before hiring

• Did I define the need and the level of control I require?
• Did I compare the models with an accountant and a lawyer?
• Does the contract describe the reality of the routine?
• Is the calculation base for pay clear?
• Is it defined who keeps the patient record, photos and data, and how to comply with the LGPD?
• Did I verify the professional's registration and credentials?
• Did I review advertising and civil liability?
• Is there an exit clause and a patient transition clause?
• Did I train the team and update the schedule?

Hiring well is cheaper than fixing things later. With clear roles, tested numbers and a contract that reflects reality, bringing in another professional expands the clinic without creating the conflict that tends to appear when everything was agreed only in conversation.