Medical Consulting Agreement Template for England and Wales

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Key Requirements PROMPT example:

Medical Consulting Agreement

"I need a Medical Consulting Agreement for a cardiologist who will be providing specialized consulting services to our private hospital in London for clinical trials, starting March 2025, with strict confidentiality provisions and clear intellectual property rights for any research findings."

Document background
The Medical Consulting Agreement is essential when engaging medical professionals for expert consulting services in the UK healthcare sector. This document, governed by English and Welsh law, establishes clear parameters for the consulting relationship, ensuring compliance with medical regulations, data protection requirements, and professional standards. It's particularly crucial for healthcare organizations seeking specialized medical expertise while maintaining legal compliance and protecting both parties' interests. The agreement addresses key aspects such as service scope, confidentiality, liability, and compensation structure.
Suggested Sections

1. Parties: Identification and details of the consulting physician and the engaging entity

2. Background: Context of the agreement and brief description of the consulting arrangement

3. Definitions: Key terms used throughout the agreement including medical terminology and regulatory references

4. Scope of Services: Detailed description of medical consulting services to be provided, including any specialties or specific medical areas covered

5. Term and Termination: Duration of agreement and circumstances under which either party may terminate the agreement

6. Fees and Payment: Compensation structure, payment terms, and any provisions for expenses or additional services

7. Confidentiality: Provisions regarding patient data, medical records, and business information confidentiality

8. Data Protection: Compliance with UK GDPR, Data Protection Act 2018, and medical data handling requirements

9. Professional Standards: Compliance with GMC guidelines, medical standards, and professional conduct requirements

10. Representations and Warranties: Confirmations regarding qualifications, licenses, and ability to perform services

Optional Sections

1. Non-Compete: Restrictions on competing activities within specified geographic area and timeframe

2. Intellectual Property: Ownership of research, developments, methods, or medical innovations created during the consultancy

3. Insurance: Professional indemnity insurance requirements and coverage levels

4. NHS Compliance: Specific provisions for NHS-related work and compliance with NHS regulations

5. Research Protocol: Procedures and requirements for any research activities conducted during the consultancy

Suggested Schedules

1. Schedule 1 - Services Description: Detailed breakdown of consulting services, including specific medical procedures or consultations

2. Schedule 2 - Fee Schedule: Detailed fee structure, payment terms, and rate cards for different types of services

3. Schedule 3 - Data Processing Requirements: Specific data handling procedures, security measures, and GDPR compliance requirements

4. Schedule 4 - Required Qualifications: List of required medical qualifications, certifications, and ongoing training requirements

5. Schedule 5 - Service Locations: List of approved locations for service delivery, including any specific facility requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Industries

Medical Act 1983: Primary legislation governing medical practice in the UK, establishing standards for medical professionals and the regulatory framework

Health and Social Care Act 2012: Key legislation reforming the NHS and healthcare delivery in England, affecting how medical services are commissioned and provided

UK General Data Protection Regulation (UK GDPR): Post-Brexit data protection legislation governing the processing and handling of personal data, particularly relevant for medical information

Data Protection Act 2018: UK's implementation of data protection standards, working alongside UK GDPR to regulate personal data handling

Employment Rights Act 1996: Fundamental legislation governing employment rights and responsibilities, relevant for consulting relationships that might be deemed employment

Equality Act 2010: Legislation protecting against discrimination and promoting equality in professional relationships

Health and Safety at Work Act 1974: Primary legislation ensuring health, safety and welfare of persons at work, including medical consultants

Bribery Act 2010: Anti-corruption legislation preventing bribery and defining corporate offences in professional relationships

Working Time Regulations 1998: Regulations governing maximum working hours, rest periods, and related working conditions

Copyright, Designs and Patents Act 1988: Legislation protecting intellectual property rights, relevant for any research, publications, or materials created during consulting work

IR35 Regulations: Tax legislation determining employment status for tax purposes, crucial for consulting arrangements

NHS Act 2006: Legislation governing the structure and functions of the NHS, relevant when consulting work involves NHS organizations

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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