Healthcare Employment Agreement (Wyoming)

HEALTHCARE EMPLOYMENT AGREEMENT

(Wyoming — Physician / Nurse Practitioner / Physician Assistant)

1. PARTIES AND EFFECTIVE DATE

This Healthcare Employment Agreement (the "Agreement") is entered into and made effective as of [__/__/____] (the "Effective Date") by and between:

Each a "Party"; collectively the "Parties."

2. POSITION, LICENSURE, AND SCOPE OF PRACTICE

2.1 Position. Employer hires Clinician as a [☐ Physician (MD/DO) ☐ Nurse Practitioner ☐ Physician Assistant] practicing in [SPECIALTY].

2.2 Wyoming Licensure. Clinician represents that Clinician holds, and shall maintain in good standing throughout the Term:

☐ Active, unrestricted Wyoming license under Wyo. Stat. § 33-26-101 et seq. (physician), § 33-21-120 et seq. (APRN), or § 33-26-501 et seq. (PA), as applicable
☐ Federal DEA registration and Wyoming Controlled Substances Registration
☐ NPI number and applicable board certification
☐ Hospital/facility privileges where required by Position

2.3 Scope of Practice. Clinician shall practice only within the scope authorized by the Wyoming Board of Medicine, Board of Nursing, or Board of Medicine PA rules, and consistent with applicable collaborative-practice or supervisory requirements for APRNs/PAs.

2.4 Fee-Splitting Prohibition. Compensation is structured to comply with Wyo. Stat. § 33-26-402 (prohibition on division of professional fees with unlicensed persons) and federal Stark/Anti-Kickback authorities.

3. DUTIES AND PROFESSIONAL OBLIGATIONS

3.1 Duties. Clinician shall:

☐ Provide professional services at [PRIMARY LOCATION] and other Employer sites as assigned
☐ Maintain standard of care consistent with Wyoming community standards
☐ Maintain accurate, timely medical records and code/bill ethically
☐ Comply with HIPAA, 42 C.F.R. Part 2 (SUD records, if applicable), and Employer policies
☐ Take call on the rotation set forth in Schedule A

3.2 Outside Activities. Clinician shall not engage in any outside clinical practice, expert-witness work, or moonlighting without Employer's prior written consent, except as listed in Schedule B.

4. COMPENSATION AND BENEFITS

4.1 Base Salary. $[______] per annum, paid per Employer's standard payroll cycle in compliance with Wyo. Stat. §§ 27-4-101 et seq.

4.2 Productivity / wRVU. [☐ Applicable ☐ Not Applicable] — see Schedule C for wRVU rates and quarterly true-up.

4.3 Signing Bonus / Relocation. $[______], subject to forgiveness over [___] months.

4.4 Benefits. Health, dental, vision, retirement ([401(k)/403(b)]), PTO of [___] days/year, CME allowance $[______]/year and [___] CME days.

4.5 Licensure / Dues. Employer reimburses Wyoming license renewals, DEA, board certification, and one specialty society membership.

5. MALPRACTICE INSURANCE AND TAIL COVERAGE

5.1 Coverage. Employer shall maintain professional liability insurance with limits not less than $[1,000,000] per claim / $[3,000,000] aggregate covering Clinician's services hereunder.

5.2 Claims-Made Tail. If coverage is claims-made, the [☐ Employer ☐ Clinician ☐ Shared 50/50] shall purchase an extended reporting period ("tail") endorsement upon termination. Tail responsibility allocated as follows:

5.3 NPDB Reporting. Both Parties acknowledge that any payment in settlement of a written claim against Clinician must be reported to the National Practitioner Data Bank under 45 C.F.R. Part 60.

6. TERM AND TERMINATION

6.1 Term. Initial term of [___] years from the Effective Date, renewing for successive [___]-year terms unless terminated.

6.2 Termination Without Cause. Either Party may terminate on [___] days' written notice.

6.3 Termination For Cause by Employer. Immediate termination upon:

☐ Loss, suspension, or material restriction of Wyoming licensure
☐ Loss of DEA registration or hospital privileges
☐ Exclusion from Medicare/Medicaid (42 U.S.C. § 1320a-7)
☐ Felony conviction or crime of moral turpitude
☐ Material, uncured breach after [30] days' notice

6.4 Immediate Termination by Clinician. Material non-payment of compensation; material breach by Employer uncured after [30] days.

7. RESTRICTIVE COVENANTS (WYOMING SF 107 COMPLIANCE)

7.1 No Non-Compete (Physician Agreements). The Parties acknowledge that, under Wyoming SF 107 (2025), any covenant restricting Clinician's right to practice medicine upon termination of this Agreement would be void. Accordingly, this Agreement contains no post-termination non-compete restricting Clinician's medical practice. The remaining provisions are severable and remain enforceable.

7.2 Rare-Disorder Patient Notification (Statutory Carve-Out). Consistent with SF 107, upon termination Clinician may disclose Clinician's continuing practice and new professional contact information to any patient with a "rare disorder" as defined by the National Organization for Rare Disorders (NORD), without further consent from Employer.

7.3 Permitted Restrictions (Non-Physician or Otherwise Permitted by SF 107). The following remain enforceable to the extent permitted by Wyoming law:

☐ Confidentiality / Trade Secrets. Clinician shall not use or disclose Employer's confidential information or trade secrets (Wyo. Stat. § 40-24-101 et seq., Wyoming Uniform Trade Secrets Act).
☐ Non-Solicitation of Employees. [12/24] months post-termination, narrowly tailored.
☐ Non-Solicitation of Patients. [☐ Omitted for physicians under SF 107] [☐ Applies only to non-physician Clinicians, for [12] months, limited to active patients seen within the last [18] months].
☐ Recovery of Relocation / Training / Education Expenses. Pro-rata recoupment if Clinician departs within [___] months — expressly permitted by SF 107.

7.4 No Blue-Penciling. The Parties acknowledge Hassler v. Circle C Resources, 2022 WY 28, and intend each restriction in this Section to be enforceable on its own terms; the Parties have drafted each restriction narrowly and have NOT relied on judicial reformation.

8. PATIENT RECORDS AND CONTINUITY OF CARE

8.1 Records Ownership. Patient medical records are property of Employer; copies furnished consistent with HIPAA and Wyoming Board of Medicine guidance.

8.2 Continuity of Care. Upon termination, the Parties shall jointly issue a patient-notification consistent with Wyoming Board of Medicine policy on practice closure / clinician transition. Nothing in this Agreement shall be construed to obstruct a patient's right to choose Clinician as their provider.

9. ASSIGNMENT OF FEES; BILLING

9.1 Assignment. Clinician assigns to Employer all professional fees generated for services rendered during the Term, subject to the compensation formulas in Section 4 and Schedule C.

9.2 Compliance. All billing shall comply with Medicare/Medicaid rules, the federal False Claims Act (31 U.S.C. § 3729), Stark (42 U.S.C. § 1395nn), and the Anti-Kickback Statute (42 U.S.C. § 1320a-7b).

10. DISPUTE RESOLUTION

10.1 Governing Law. Wyoming law governs, without regard to conflicts principles.

10.2 Venue. Exclusive venue lies in the District Court for [______] County, Wyoming, or the U.S. District Court for the District of Wyoming.

10.3 Mediation Before Suit. The Parties shall mediate in good faith before initiating litigation, except for emergency injunctive relief to protect trade secrets.

10.4 Jury Trial. ☐ Preserved ☐ Waived (mutual).

11. GENERAL PROVISIONS

11.1 Entire Agreement. Supersedes all prior agreements.
11.2 Amendment. Only by writing signed by both Parties.
11.3 Severability. If any provision is held void, the remainder remains enforceable; the Parties expressly acknowledge no blue-penciling per Hassler.
11.4 Notices. In writing to the addresses above.
11.5 Counterparts; E-Signatures. Permitted under Wyo. Stat. § 40-21-101 et seq. (UETA).

12. EXECUTION

SCHEDULES

• Schedule A — Call Schedule
• Schedule B — Permitted Outside Activities
• Schedule C — Compensation / wRVU Formula
• Schedule D — Job Description and Performance Standards

SOURCES AND REFERENCES

• Wyoming SF 107 (2025 Sess.), https://www.wyoleg.gov/Legislation/2025/SF0107
• Hassler v. Circle C Resources, 2022 WY 28, 504 P.3d 950 (Wyo. 2022)
• Hopper v. All Pet Animal Clinic, 861 P.2d 531 (Wyo. 1993)
• Wyo. Stat. § 33-26-101 et seq. (Medical Practice Act); § 33-26-402 (fee-splitting)
• Wyoming Board of Medicine, https://wybom.wyo.gov
• 45 C.F.R. Part 60 (NPDB)