Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-9 - MISCELLANEOUS › Section 540-X-9-.01 - Professional Corporations Formed By Physicians Or Osteopaths

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This rule is
			 promulgated pursuant to the revised Alabama Professional Corporation Act,
Code of Ala. 1975
, §§
								10-4-380,
et
			 seq
. This rule is applicable to professional corporations formed
			 after the effective date of this rule by physicians and osteopaths licensed to
			 practice medicine in the State of Alabama and all professional corporations
			 formed prior to January 1, 1984, which are subject to the provisions of that
			 act, and those professional associations formed prior to January 1, 1984, which
			 amend their articles of association as provided in
Code of Ala.
			 1975
, §
								10-4-403(b)
			 (hereinafter referred to as medical professional corporations or medical
			 professional associations).
(2) Any
			 physician or osteopath or groups thereof licensed to practice medicine in the
			 State of Alabama who desires to render medical professional services as a
			 professional corporation in this state shall comply with the provisions of the
			 revised Alabama Professional Corporation Act and these rules and
			 regulations.
(3) The names of
			 professional corporations shall be governed by the provisions of
Code of Ala. 1975
, §
								10-4-387. If the corporate name of
			 the professional corporation utilizes the name or names of the physicians or
			 osteopaths who are employees of or shareholders in the professional
			 corporation, then such corporate name shall include the designation "M.D." or
			 "D.O." whichever is appropriate. In addition, such other generally recognized
			 designations or descriptions of specialized branches of the practice of
			 medicine or the practice of osteopathy may be included.
(4) Every medical professional corporation
			 formed after the effective date of these rules shall file with the Alabama
			 State Board of Medical Examiners a certified copy of the articles of
			 incorporation, the certificate of authority, if applicable, a complete list of
			 shareholders, and any and all subsequent amendments to the articles of
			 incorporation. All medical professional corporations in existence on the
			 effective date of these rules and all medical professional associations which
			 are hereinafter governed by the provisions of the revised Alabama Professional
			 Corporation Act shall file a certified copy of all amendments to the articles
			 of incorporation or articles of association with the Alabama State Board of
			 Medical Examiners.
(5) Every
			 medical professional corporation or medical professional association governed
			 by the provisions of the revised Alabama Professional Corporation Act shall
			 file with the Alabama State Board of Medical Examiners a certified copy of any
			 articles of dissolution, or articles of merger or consolidation with another
			 corporation or professional corporation.
(6) All filings shall be within thirty (30)
			 days of the effective date of the instrument or document filed, except that a
			 failure to file within the thirty (30) day period shall not invalidate the
			 incorporation but may serve as a basis to request that involuntary dissolution
			 procedures be instituted under the provisions of
Code of Ala.
			 1975
, §
								10-4-396.
(7) A foreign medical professional
			 corporation rendering medical professional services in the State of Alabama,
			 shall in addition to the requirements of
Code of Ala.
			 1975
, §
								10-4-397, be subject to the
			 following:
(a) All shareholders of a foreign
			 medical professional corporation who render medical professional services in
			 Alabama shall be physicians or osteopaths licensed to practice medicine in the
			 State of Alabama. This rule does not prevent a physician who resides in an
			 adjoining state near the border of this state or who is called in for
			 consultation by a physician licensed in this state from exercising the practice
			 privilege afforded by
Code of Ala. 1975
, §
									34-24-74.