HB4278 HH&HR AM 1-27

CR - 3338

    The House Committee on Health and Human Resources moves to amend the bill, by striking everything after the enacting section and inserting in lieu thereof the following:

“ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.

§30-3-15. Medical corporations and podiatry corporations.

    (a) No corporation may practice medicine and surgery or any of its branches, or hold itself out as being capable of practicing medicine and surgery, or practice podiatry or hold itself out as being capable of practicing podiatry in this state without a certificate of authorization from the board designating the corporation as an authorized medical or podiatry corporation.

    (b) One or more physicians licensed to practice medicine and surgery in this state under this article, or one or more physicians licensed under this article and one or more physicians licensed under article fourteen of this chapter, or one or more podiatrists licensed to practice podiatry in this state may receive authorization from the board as a designated medical or podiatry corporation by:

    (1) Filing a written application with the board on prescribed form;

    (2) Furnishing proof satisfactory to the board that each shareholder of the proposed medical corporation is a licensed physician or podiatrist pursuant to this article or article fourteen of this chapter; and

    (3) Submitting the non-refundable application fee, the amount of the fee to be set by the board’s rules.

    (c) A corporation formed outside of this state for the purpose of engaging in the practice of medicine and surgery or the practice of podiatry may receive authorization from the board as a designated foreign medical or podiatry corporation by:

    (1) Filing a written application with the board on the prescribed form;

    (2) Furnishing proof satisfactory to the board that the corporation has received authorization from the appropriate authorities as a medical corporation or professional corporation in its state of incorporation and is currently in good standing with that authority;

    (3) Furnishing proof satisfactory to the board that at least one shareholder of the proposed medical corporation is a licensed physician or podiatrist pursuant to this article and is designated as the corporate representative for all communications with the board regarding the designation and continuing authorization of the corporation as a foreign medical corporation;

    (4) Furnishing proof satisfactory to the board that all of the corporation’s shareholders are licensed physicians or podiatrists in one or more states and submitting a complete list of shareholders including each shareholder’s name, states of licensure and license numbers; and

    (5) Submitting a non-refundable application fee, the amount of the fee to be set by the board’s rules.

    (d) Upon receipt of a completed application including all required information, the appropriate fee, and upon the board’s determination that each shareholder is appropriately licensed, the board shall notify the Secretary of State that a certificate of authorization has been issued to the person or persons making the application. When the secretary receives notification from the board, he or she shall attach that authorization to the corporation application and, upon compliance by the corporation with the pertinent provisions of chapter thirty-one of this code, shall notify the incorporators that the corporation, through licensed physicians or through licensed podiatrists, may engage in the practice of medicine and surgery or the practice of podiatry in West Virginia.

    (e) An authorized medical corporation may practice medicine and surgery only through individual physicians licensed to practice medicine and surgery in this state and a podiatry corporation may practice podiatry only through individual podiatrists licensed to practice podiatry in this state, but those physicians or podiatrists may be employees rather than shareholders of the corporation, and nothing in this section requires a license for or other legal authorization of any individual employed by the corporation to perform services for which no license or other legal authorization is otherwise required.

    (f) A corporation holding a certificate of authorization shall register biennially, on or before the expiration date appearing upon its certificate of authorization, on the prescribed form, and shall pay a biennial registration fee, the amount of the fee to be set by the board’s rules.

    (g) A certificate of authorization designating a corporation as a medical or podiatry corporation or as a foreign medical or podiatry corporation automatically expires two years after issuance unless the corporation renews its registration prior to that date.

    (h) A corporation whose certificate of authorization has expired may reapply for designation as a medical or podiatry corporation or as a foreign medical or podiatry corporation by submitting a new application and application fee in conformity with subsection (b) or (c) of this section.

    (i) A medical or podiatry corporation formed in this state and holding a certificate of authorization shall cease to engage in the practice of medicine, surgery or podiatry upon being notified by the board that any of its shareholders is no longer a licensed physician or podiatrist, or when any shares of a corporation have been sold or disposed of to a person who is not a licensed physician or podiatrist: Provided, That the personal representative of a deceased shareholder has twelve months from the date of the shareholder's death, to dispose of the shares. Nothing in this sections affects the existence of the corporation or its right to continue to operate for all lawful purposes other than the practice of medicine and surgery or the practice of podiatry.

    (j) A foreign medical or podiatry corporation holding a certificate of authorization shall immediately cease to engage in the practice of medicine, surgery or podiatry in this state if:

    (1) The corporate shareholders no longer include at least one shareholder who is licensed to practice as a physician or podiatrist in this state;

    (2) The corporation is notified that any of its shareholders is no longer a licensed physician or podiatrist; or

    (3) Any shares of the corporation have been sold or disposed of to a person who is not a licensed physician or podiatrist: Provided, That the personal representative of a deceased shareholder has twelve months from the date of the shareholder's death, to dispose of the shares. However, in order to maintain its authorization to practice medicine, surgery or podiatry during the twelve month disposal period, the corporation shall, at all times, have at least one shareholder who is licensed as a physician or podiatrist in this state.

    (k) Nothing contained in this section affects the existence of the corporation or its right to continue to operate for all lawful purposes other than the practice of medicine, surgery or podiatry.

    (l) Within thirty days of the expiration, revocation, or deauthorization or suspension of a certificate of authorization by the board, it shall submit, in writing, notice of the same to the secretary.

    (m) No corporation may practice medicine and surgery or hold itself out as being capable of practicing medicine and surgery, or practice podiatry or hold itself out as being capable of practicing podiatry, after its certificate has expired, been revoked or deauthorized, or if suspended, during the term of the suspension.

    (n) Nothing contained in this section changes the rights, duties, privileges, responsibilities and liabilities incident to the physician-patient or podiatrist-patient relationship nor change the personal character of the physician-patient or podiatrist-patient relationship.

    (o) A certificate signed by the secretary of the board to which is affixed the official seal of the board to the effect that it appears from the records of the board that a certificate to practice medicine and surgery or to practice podiatry, in the state has not been issued to the corporation specified therein or that the certificate has been expired, revoked, deauthorized or suspended is admissible in evidence in all courts of this state and is prima facie evidence of the facts stated therein.

    (p) Any officer, shareholder or employee of a corporation who participates in a violation of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000.”