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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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Can a non physician own a medical weight loss office in ne

Resolved Question:

Can a non physician own a medical weight loss office in nevada.
Submitted: 6 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Will the office employ doctors directly?
Customer: replied 6 years ago.
Physician will work as a Medical Director. From what I was told from a colleague Nevada and some other states does not allow a non-Physician to own a Medical Office or at lest hold more than 49% of company. I could not find anything online.
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your patience.

Section 164.052(a)(13) of the Medical Practice Act authorizes disciplinary action against any licensee for permitting another to use his license to practice medicine. Section 164.052(a)(17) authorizes disciplinary action against a practitioner for aiding or abetting, directly or indirectly, the practice of medicine by non-licensed individuals or entities.

 

Primarily, this doctrine prohibits physicians from entering into partnerships, employee relationships, fee splitting, or other situations with non-physicians where the physician's practice of medicine is in any way controlled or directed by, or fees shared with a non-physician. So at a minimun, yes the physician would have to own at least 51%. However, even then the physician could not split his fees with a non-physician.

 

Generally, physicians may enter into independent contractor arrangements with non-physicians. However, whether an independent contractor situation exists is a question of law and attendant facts.



Edited by Dimitry Alexander Kaplun on 7/4/2010 at 4:57 AM EST
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