Ala. Admin. Code r. 540-X-9-.09 - Professional Registered Limited Liability Partnerships Formed By Physicians Or Osteopaths
(1) This
rule is promulgated pursuant to the Alabama Limited Liability Partnership Act,
Sections 10-8A-1001 through 10-8A-1010. This rule is applicable to professional
registered limited liability partnerships formed for the purposes of rendering
medical professional services by physicians and osteopaths licensed to practice
medicine or osteopathy in the State of Alabama.
(2) Physicians and osteopaths licensed to
practice medicine or osteopathy in the State of Alabama who desire to render
medical professional services as a professional registered limited liability
partnership shall comply with the provisions of Article 10 of the Alabama
Limited Liability Partnership Act, Sections 10-8A-1001, et. seq. and these
rules and regulations.
(3) The
names of professional registered limited liability partnerships formed by
physicians and osteopaths shall be governed by the provisions of
§10-8A-1002. In addition, if the name of the professional registered
limited liability partnership utilizes the name or names of the physicians or
osteopaths who are members or employees of the professional registered limited
liability partnership, then such name shall also include the designation "M.D."
or "D.O." whichever is appropriate. In addition, other generally recognized
designations or descriptions of specialized branches of the practice of
medicine or the practice of osteopathy may be included.
(4) Every professional registered limited
liability partnership organized for the purpose of the rendering of medical
professional services shall file with the Alabama Board of Medical Examiners a
certified copy of the registration required to be filed with the Office of
Probate Judge or the Secretary of State pursuant to §10-8A-1001 and
§10-8A-1006. The registration shall be filed with the Board within thirty
(30) days after it is filed with the Probate Judge or Office of the Secretary
of State. In addition, the professional registered limited liability
partnership shall file with the Alabama Board of Medical Examiners a certified
copy of any change to its registration required to be filed with the Office of
Probate Judge or Office of the Secretary of State within thirty (30) days after
the statement is filed. Failure to file with the Board of Medical Examiners the
reports required by this section shall not invalidate the professional
registered limited liability partnership.
(5) Physicians and osteopaths licensed to
practice medicine who render medical professional services as professional
registered limited liability partnership shall comply with the restrictions of
Code of Ala. 1975, §10-4-38 through
§10-4-404. A professional registered limited liability partnership
organized to render medical or osteopathic professional services, foreign or
domestic, may render medical or osteopathic professional services in Alabama
only through individuals licensed to practice medicine or osteopathy by the
Medical Licensure Commission of Alabama. A physician or osteopath may be
employed by a professional registered limited liability partnership and shall
exercise independent judgment in all matters related to the practice of
medicine or osteopathy, and such physician's or osteopath's actions with
respect to the practice of medicine or osteopathy shall not be subject to the
control of an individual not licensed to practice medicine or osteopathy. This
rule does not prevent a physician licensed to practice medicine or osteopathy
in another state or the District of Columbia from exercising the temporary
practice privilege afforded under Code of Ala. 1975,
§
34-24-74.
(6) Documents required by these rules to be
filed with the Alabama Board of Medical Examiners should be addressed to the
Alabama Board of Medical Examiners, 848 Washington Avenue, Post Office Box 946,
Montgomery, Alabama 36101-0946.
Author: Wendell R. Morgan, Attorney for the Alabama Board of Medical Examiners.
Notes
Statutory Authority: Code of Ala. 1975, §§ 34-24-53, 10-12-45, Act 96-528.
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