Can a CSW practice mental health therapy when hired by a facility as a 1099 contract employee?
No. The Mental Health Professional Practice Act Rule, R156-60-102 (3) defines employee as “an individual who is working or providing services for compensation paid in the form of wages or salary from which there is withheld or should be withheld income taxes or social security taxes under applicable law; or who meets any other definition of an employee established by the Labor Commission of the State of Utah or the Internal Revenue Service of the United States Government.” Because taxes are not withheld from salaries earned by a1099 employee, a 1099 employee would not meet the definition of “employee” under the Mental Health Professional Practice Act Rule.
Related Questions
- If an employee is hired in March 2005, agencies would have to pay state unemployment twice in one contract year. How should that be addressed on the budget?
- May an OBS practice contract with an entity that promises to collect a facility fee and a professional fee from third party insurers?
- If an employee is hired as a contract employee in June, does a contract renewal still need to be completed for the new fiscal year?
