Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-9 - MISCELLANEOUS › Section 540-X-9-.09 - Professional Registered Limited Liability Partnerships 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 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.
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53,
				  10-12-45, Act 96-528.