Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-9 - MISCELLANEOUS › Section 540-X-9-.06 - Limited Liability Companies Formed By Physicians Or Osteopaths

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This rule is
			 promulgated pursuant to the Alabama Limited Liability Company Law of 2014,
			 §
								10A-5A-1.01, et. seq.,
Code of Ala. 1975
, as amended. This rule is applicable
			 to limited liability companies formed for the purposes of rendering medical
			 professional services by physicians and osteopaths licensed to practice
			 medicine in the State of Alabama.
(2) Physicians and osteopaths licensed to
			 practice medicine in the State of Alabama who desire to render medical
			 professional services as a limited liability company shall comply with the
			 provisions of the Alabama Limited Liability Company Law and these rules and
			 regulations.
(3) The names of
			 limited liability companies formed by physicians and osteopaths shall be
			 governed by the provisions of §10A-l-5.06,
Code of Ala.
			 1975
, as amended. In addition, if the name of the limited
			 liability company utilizes the name or names of the physicians or osteopaths
			 who are members or employees of the limited liability company, 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 limited
			 liability company organized for the rendering of medical professional services
			 shall file with the Alabama Board of Medical Examiners a copy of the
			 certificate of formation required to be filed with the judge of probate
			 pursuant to §
								10A-5A-2.01(e),
			 Code of Ala. 1975, as amended. The report shall be filed with the Board within
			 thirty (30) days after the report is filed with the judge of probate. In
			 addition, the limited liability company shall file with the Alabama Board of
			 Medical Examiners a copy of any certificate of amendment or restated
			 certificate of formation required to be filed with the Office of the Secretary
			 of State or judge of probate pursuant to §
								10A-5A-2.02(g),
Code of Ala. 1975
, as amended within thirty (30) days
			 after the statement is filed with the Office of the Secretary of State or judge
			 of probate. Failure to file with the Board of Medical Examiners the reports
			 required by this section shall not invalidate the limited liability
			 company.
(5) Physicians and
			 osteopaths licensed to practice medicine who render medical professional
			 services as a limited liability company shall comply with the conditions,
			 requirements, and restrictions of §
								10A-5A-8.01,
Code of
			 Ala. 1975
, as amended. A limited liability company organized to
			 render medical professional services, foreign or domestic, may render medical
			 professional services in Alabama only through individuals licensed to practice
			 medicine by the Medical Licensure Commission of Alabama. A physician or
			 osteopath employed by a limited liability company must exercise independent
			 judgment in matters related to the practice of medicine, and that physician's
			 or osteopath's actions with respect to the practice of medicine shall not be
			 subject to the control of an individual not licensed to practice medicine. This
			 rule does not prevent a physician license to practice medicine in another state
			 or the District of Columbia from exercising the temporary practice privilege
			 afforded under §
								34-24-74,
Code of Ala.
			 1975
, as amended.
(6)
			 Documents required by these rules to be filed with the Alabama Board of Medical
			 Examiners should be addressed to Alabama Board of Medical Examiners, 848
			 Washington Avenue, Post Office Box 946, Montgomery, Alabama
			 36101-0946.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53,
				  10-12-45.