When is it necessary to use revision and/or extension language in the MSP Staff Physician’s contract?
If the Physician has a current MSP contract in place and changes are required during the term of this contract then the revision and/or extension language would be required in the revised contract.
For example: Dr. John Doe has a contract that begins on 7/1/06 and will end on 6/30/07, Dr. Doe wants to change the percent time on his contract from 30% to 37% effective 4/1/07, this change would require a revision of his existing contract.
If Dr. Doe indicates he wants to change his percentage of time AND he would like to stay until 7/31/07, this would require a revision and extension of his existing contract.
If the Physician’s contract of 7/1/05 to 6/30/06 runs its course and expires, but the Physician decides to stay on for another year, the revision and extension language is NOT required. This would be viewed as a “New Contract.”
Even if Dr. Doe has a change in Title Code, decides to work a new percentage of time, or has a change in salary the revision and/or extension language will not be required in his “New Contract” for the coming year since his old contract has expired and the department is preparing a ”New Contract.”
In summary, “New Contracts” do not require revision and/or extension language. A “New Contract” is defined by the Physician never having had a MSP contract with UCSD or the Physician’s old contract has expired and the department is preparing a “New Contract” for the coming year. Only a revision or extension of an EXISTING contract requires this language.
Whether the contract is less than 50% time or 50% time or more, the language inserted in the revised contract is the same.
Substitute the following language in Paragraph A. Term of Appointment:
If changes are made in an existing contract that effect: Title Code, percent time worked or salary and the termination date then the following language would be used in the revised contract.
“This appointment is to have a definite term beginning on [New Start Date] and terminating on [New End Date]. This is a revision and extension of the employment contract entered into on [Start Date of Existing Contract]. The appointment will terminate automatically on the termination date unless, prior to the termination date, the appointment is extended and the contract is renewed. If your responsibilities include patient care, then you must be a member of the Medical Staff of the University of California, San Diego, Medical Center, unless an exception has been approved by the Vice Chancellor, Health Sciences. Loss of Medical Staff privileges will automatically cancel this contract unless an exception has been approved by the Vice Chancellor, Health Sciences. In addition, this appointment may be terminated at any time by either party, with or without cause, by serving written notice on the other party. Although other terms and conditions can be changed from time-to-time by the parties, the at-will status of this agreement cannot be changed, amended, or altered. Termination as set forth in this paragraph cannot be reviewed under UC Personnel Policies for Staff Members Policy 70, Complaint Resolution
If only the Title Code, percent time worked, or salary should change, then a revision (not an extension) of the existing contract needs to be referred to in the revised contract.
“This appointment is to have a definite term beginning on [New Start Date] and terminating on [New End Date]. This is a revision of the employment contract entered into on [Start Date of Existing Contract]. The appointment will terminate automatically on the termination date unless, prior to the termination date, the appointment is extended and the contract is renewed. If your responsibilities include patient care, then you must be a member of the Medical Staff of the University of California, San Diego, Medical Center, unless an exception has been approved by the Vice Chancellor, Health Sciences. Loss of Medical Staff privileges will automatically cancel this contract unless an exception has been approved by the Vice Chancellor, Health Sciences. In addition, this appointment may be terminated at any time by either party, with or without cause, by serving written notice on the other party. Although other terms and conditions can be changed from time-to-time by the parties, the at-will status of this agreement cannot be changed, amended, or altered. Termination as set forth in this paragraph cannot be reviewed under UC Personnel Policies for Staff Members Policy 70, Complaint Resolution.”
If only the termination date of the existing contract is changed then the following language would be used in the revised contract.
“This appointment is to have a definite term beginning on [New Start Date] and terminating on [New End Date]. This is an extension of the employment contract entered into on [Start Date of Existing Contract]. The appointment will terminate automatically on the termination date unless, prior to the termination date, the appointment is extended and the contract is renewed. If your responsibilities include patient care, then you must be a member of the Medical Staff of the University of California, San Diego, Medical Center, unless an exception has been approved by the Vice Chancellor, Health Sciences. Loss of Medical Staff privileges will automatically cancel this contract unless an exception has been approved by the Vice Chancellor, Health Sciences. In addition, this appointment may be terminated at any time by either party, with or without cause, by serving written notice on the other party. Although other terms and conditions can be changed from time-to-time by the parties, the at-will status of this agreement cannot be changed, amended, or altered. Termination as set forth in this paragraph cannot be reviewed under UC Personnel Policies for Staff Members Policy 70, Complaint Resolution.”
K:\MSP\MSP Website\Revision & Extension Language for MSPs