Section 656 Of Article 2. Excluded Services From California Unemployment Insurance Code >> Division 1. >> Part 1. >> Chapter 3. >> Article 2.
656
. "Employment" does not include professional services performed
by a consultant working as an independent contractor.
For the purpose of this section, there shall be a rebuttable
presumption that services provided by an individual engaged in work
requiring specialized knowledge and skills attained through
completion of recognized courses of instruction or experience are
rendered as an independent contractor. These services shall be
limited to those provided by attorneys, physicians, dentists,
engineers, architects, accountants, chiropractors, and the various
types of physical, chemical, natural, and biological scientists.
Professional services shall not include services generally provided
by persons who do not have a degree from a four-year institution of
higher learning relating to the specialized knowledge and skills of
the professional service being provided.
For the purposes of this section, the rebuttable presumption shall
not apply to an individual who enters into a contract agreement with
the recipient of the professional services which establishes an
employer-employee relationship. However, the existence of a contract
between a nonprofit, licensed, primary care clinic, as defined in
subdivision (a) of Section 1204 of the Health and Safety Code, and a
health care practitioner who is licensed as a physician and surgeon,
osteopathic physician and surgeon, podiatrist, optometrist,
chiropractor, or psychologist shall not constitute an
employer-employee relationship if the contract stipulates that the
professional services rendered to the clinic are by an independent
contractor, not an employee. Independent contractors who conform to
the provisions of this section or primary care clinics that contract
with these individuals or organizations shall not be liable for any
payments that may be required under an employer-employee relationship
pursuant to this code.