The Mentors' Corner


Independent Practitioner/Summer 2005

Practitioner Information


The Mentors' Corner

Miguel E. Gallardo & Michael Murphy


Contents

Table of Contents

Editorial and Opinion

President's Message - Jeff Barnett

Letters to the Editor

Editor's Column - Borderline No More - Ed Lundeen

Special Editor for Practice - Managed Care is Here to Stay(?) - Stanley R. Graham

Contributing Editor's Column - Making a Substantial and Lasting Contribution - Pat DeLeon

What Do You Fear?

Classic Reprints

Real Doctors - Andrew Ursino

Practitioner's Information

Hardball with Managed Care - Ivan Miller

Reproductive Medicine - A New Niche - Joanne Paley

Telephone Therapy - Martin Manosevitz

A Critical Look at Health Savings Accounts - Tammy Martin-Causey

16 Second Networking - Pauline Wallin

The Hero and the Con-Artist - Sandra Ceren

Mentor's Column - Miguel Gallardo and Michael Murphy

Technology Updates

Stay Up to Date with Psychology News - Pauline Wallin

Three Things You Should Know about the HIPAA Security Rule - APA Practice Directorate

Division News and Notes

Division 42 Pre-Convention Workshop

Council of Representatives, February 2005

Book Review

Destructive Trends in Mental Health - Mike Brickey

Psychotherapy and Religion - Pat Pitta

52 Baby Steps to Grow Young - Barbara Holstein

Una Necedad Pequeña

Monopoly Marve Style - Frank Froman


The Mentors' Corner is a regularly featured column in the Independent Practitioner (IP) that highlights discussions from the MENTORS listserv. Questions and answers pertinent to the Division 42 Student/Early Career Psychologist members will be addressed. If you are currently not signed on to the listserv, we encourage all members to participate and share in the stimulating discussions that take place. The Division consists of members who have a wealth of knowledge and various areas of expertise that should be shared with our new colleagues.

It is important to note that the opinions expressed on the listserv and within this column reflect individual perspectives and ideas only. As noted on the listserv, there are more than one means to an end. This column is intended to highlight important topics and to generate additional areas of thought and insight for our members. - MG

Division 42 Mentor Program:

Division 42's mentoring program, Colleague to Colleague (C2C), is up and running. Clearly, it is meeting a need that is present in the Division. We already have 12 pairs of mentors and mentees working together. If you are interested in being paired with a mentor to assist you to be successful in your practice or if you are interested and willing to share some of your knowledge and expertise with a colleague, please contact the coordinator of our mentoring program, Frank Froman, at frankf@adams.net .

Laura asks:

Practice for a couple of months, and he has agreed to supervise me for my postdoctoral hours. We haven't worked out the particulars (pay, supervision, referral source, etc.), but he has introduced me to others as his soon-to-be postdoc. We are supposed to meet in March/April to further discuss the position. For those who have done postdocs in private practice or know about them, when was the position firmly decided that you would come? For someone I don't know very well who will be my supervisor, how many months ahead of time should I get a firm answer (considering there is paperwork to send in to the board and other postdoc possibilities that may slip away should this one not work out at the last minute) and how have you gone about deciding the particulars of your relationship? Finally, has anyone had this verbal agreement fall apart at the last minute? 

Jeff Barnett responds:

I don't think that it is too soon to get something in writing. First, I would do some research and check with colleagues about this practice, the intended supervisor, and the local practice environment. I know you're not likely feeling in the driver's seat and just wanting to make sure you get something for that year, but it is important to be sure it's a reputable practice and that you do receive good supervision. You'll want to know just what your responsibilities are, how things will work financially, what supervision you'll receive and from whom, how emergency coverage is provided, how patients are assigned to you, if you're an employee or independent contractor (these are important IRS tax issues), just what they'll provide for you with regard to an office, support, materials and supplies, marketing, referrals, etc., if they pay for your malpractice insurance and CE fees, if you receive a specific salary or a percentage of fees collected, etc. There's a lot to this. Also, you'll want to pay an attorney to review any contract you sign. There may be a "non compete" clause or other aspects of it that you'll need to be aware of and consider.

There's more, but this should give you some things to consider. Check with the state psychological association to see if they have a mentoring program or someone there who provides practice advice.

Frank Cushing replies:

As far as the "independent contractor" status, my understanding is that if his practice is the only one you are working for, and you are only working in one setting, you are an employee--he might try to say you are an independent contractor but IRS will not see it that way and IRS will win.......check with a reputable accountant to make sure you don't run awry of the feds.....The particulars are very important--I think you should write up how you would like this to work in an ideal world and match what he offers with what you need....then negotiate. Make sure you are guaranteed a number of hours that will be sufficient to meet your state licensing laws--many states will not allow you to combine your post doc hours in more than one setting and some states mandate that you must complete all hours in a set time period (a 12 month period for example).

You should count and be paid for all hours: seeing patients, scoring, analyzing and interpreting data, writing reports and the hours spent in direct supervision as well as any time spent reading, researching and learning in preparation of various cases. Obviously, since he is providing the supervision the rate you are paid will be discounted but I would think in terms of $20 to $25 per hour as a fair rate—particularly if he is billing out your work at a higher rate as the "supervising" psychologist.

I would also want to know who is responsible for your professional liability insurance and would want a copy of a policy face sheet with your name on it at a limit of at least $2,000,000/$4,000,000. He can probably add you onto his policy for a pittance.........You should also clarify how much vacation, holiday, sick, personal time you get and how that is paid--making sure you still have enough contact hours to fulfill your state licensing mandates for post doc hours.

Explore the nature of your relationship as to the future as well--assuming all goes well--try to negotiate how you can build your practice with him once you are licensed and what sort of financial arrangement (percentage of collectibles, flat lease fee, etc) he will offer you.

It is not too soon to finalize any of these details so I would let him know that you need as much lead time as possible so would like to meet and hash out the details as soon as possible.  This also allows you to explore other options if you are uncomfortable with the set up he will agree to.

I would NOT accept a verbal agreement--it all must be in writing--and you should have some say in how it is set up--as you negotiate, feel free to ask on this list serve, for feedback about his suggested arrangement and how you might reasonably improve on it.

As Dr. Barnett pointed out, you must have, spelled out in advance, all of the details regarding what practice and office supplies and materials he will provide as a part of your deal. Can you use his tests, protocols and office staff and equipment?

In exchange for agreeing to any "non compete" clause, I would want to include a 2nd or 3rd year on the deal (that includes when you are licensed) so you will know what your options are with him to develop your own practice. I would try to make the 2nd and/or 3rd years at YOUR OPTION should you decide to set up shop with him. This way you know exactly what you are getting into and, if you choose, can move seamlessly from the post doc to building a practice and can anticipate what the financial picture is in advance and can use the patient base you may have established as a foundation of your practice. I would think and hope that he is, in the long run, looking for a colleague and possible future partner, not just wanting to use you for slave labor, make a quick buck off your work and then discard you.......... good luck....investigate, explore, even obsess, but most of all, ENJOY it...

Jessie asks:

I was just reading the advice being given to Laurie, who is considering a private practice post-doc, and stumbled upon the term "non compete clause" twice. Would someone mind spelling out what this means?

Esther Lerman Freeman replies:

The non-compete clause means that you agree not to practice within a certain geographical proximity to the practice you are working with, if you should leave them. That protects them from you taking your clients with you when you leave, and from you opening an office nearby and competing with them for patients. Not good for you since you will likely want to practice in an area where you have established yourself. In some states I believe the non-compete clause is not valid since it prohibits free trade. I would check individual state laws.

Steve Walfish adds:

"In some states I believe the non-compete clause is not valid since it prohibits free trade. I would check individual state laws."

If this is the case I would discuss this with the group practice upfront and have it stricken from the contract. I would suggest that no one sign something that they don't intend to follow with the fall back that the clause is "illegal and won't stand up in court" (I have known people to think this way). It would be up to the signer of the contract to demonstrate that it indeed won't hold up in court and this could: (a) take a long time, and (b) cost a lot of money to find out.

Karen asks:

I am planning to offer a workshop for young couples (married less than 3 years) on creating a strong marriage. I do not have it fully planned out yet. However, in brain-storming about it, I realized that I am not sure how to go about advertising it. I do not have the money to buy a space in local newspapers. Does anyone have any suggestions about ways to advertise/market this workshop?

Jim Hulse replies:

I suggest making a good flyer and:

  1. Talking at houses of worship and talking with clergy
  2. Talking with child welfare officers/ workers
  3. Contacting OB/GYN and family practice doctors
  4. Public access cable bulletin boards

Glenn Ally contributes:

Might I suggest that you include some of those who may be planning marriage? I would contact the local churches, temples, etc. for either announcements in newsletters or perhaps notices on bulletin boards. Secondly, I would contact some of the local bridal registries. However, the religious organizations are always good for these types of workshops.

Another option is married student activities/facilities on a college campus. This may be a good subsection of your workshop...the stresses of school on an early marriage.

Bob Karman adds:

Distribution of flyers to the gatekeepers such as clergy makes sense. If you make personal contact with any clergy that really feel the need for their married couples to participate perhaps you could make those flyers available to their communities with their blessing. Another idea is that towards the end of the workshop or afterwards if any participants are enthusiastic and say anything to the effect *Gee, I wish some couples I know could have attended today...* be ready to offer to repeat your workshop for their group. It is unfortunate and likely not cost effective to prep for a workshop and not repeat it to amortize your time over repeated opportunities to serve and be known. Always look at the workshop as an additional marketing opportunity for a low key *pitch*.

Some may feel uncomfortable with this concept. They are less likely to repeat their workshops than those who work through that and make their availability known. Remember that professional speakers have full time publicists and if they didn't, you wouldn't hear about them in quite short order.

We encourage all members of Division 42, students and experienced practitioners alike, to join the MENTORS listserv and add to the professional exchanges already occurring. Members may sign up by sending a message to LISTSERV@LISTS.APA.ORG with a message of: Subscribe MENTORS Additionally, to submit questions for the authors to respond to directly, we may be contacted at mgallard@uci.edu and pymurph@SCIFAC.INDSTATE.EDU. The APAGS MENTORS listserv is a joint project of Division 42 and APAGS. We are indebted to Division 42's Students and Early Career Psychologists' Committee Past-Chair, Pat Pitta and APAGS Associate Executive Director, Carol Williams for starting this exciting forum for students and psychologists to converse.

Note: Some listserv responses have been edited for grammar and readability, but their content remains unchanged.

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