Bill Text: MI SB0027 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Businesses; professional corporations; formation of professional corporations by physician groups or physician and physician's assistant groups; allow. Amends secs. 2 & 4 of 1962 PA 192 (MCL 450.222 & 450.224). TIE BAR WITH: SB 0026'09, SB 0028'09
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-07-21 - Assigned Pa 0125'10 With Immediate Effect [SB0027 Detail]
Download: Michigan-2009-SB0027-Engrossed.html
SB-0027, As Passed Senate, March 16, 2010
SUBSTITUTE FOR
SENATE BILL NO. 27
A bill to amend 1962 PA 192, entitled
"Professional service corporation act,"
by amending sections 2 and 4 (MCL 450.222 and 450.224), section 2
as amended by 1998 PA 48 and section 4 as amended by 2000 PA 335.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Licensed person" means an individual who is duly licensed
or otherwise legally authorized to practice a professional service
by a court, department, board, commission, or an agency of this
state
or another jurisdiction , or any
corporation all of whose
shareholders are licensed persons.
(b) "Professional corporation" means a corporation that is
organized under this act for the sole and specific purpose of
rendering 1 or more professional services and has as its
shareholders only licensed persons, the personal representatives or
estates of individuals, or other persons as provided in section 10.
(c) "Professional service" means a type of personal service to
the public that requires as a condition precedent to the rendering
of the service the obtaining of a license or other legal
authorization. Professional service includes, but is not limited
to,
services rendered by certified or other public accountants,
chiropractors,
dentists, optometrists, veterinarians, osteopaths,
physicians
and surgeons, doctors of medicine, doctors of dentistry,
podiatrists,
chiropodists, architects, professional engineers, land
surveyors,
and attorneys at law a
certified or other public
accountant, chiropractor, dentist, optometrist, veterinarian,
osteopathic physician, physician, surgeon, podiatrist, chiropodist,
physician's assistant, architect, professional engineer, land
surveyor, or attorney-at-law.
Sec.
4. (1) One Except as
provided in this section, 1 or more
licensed persons may organize under this act to become a
shareholder or shareholders of a professional corporation for
pecuniary profit.
(2)
Except as otherwise provided in subsection (3) this
section or otherwise prohibited, a professional corporation may
render 1 or more professional services, except that each
shareholder must be a licensed person in 1 or more of the
professional services rendered by the corporation.
(3)
Except as otherwise provided in this subsection (4) or
(5), if the a professional corporation
renders a professional
service that is included within the public health code, 1978 PA
368, MCL 333.1101 to 333.25211, then all shareholders of the
corporation
shall must be licensed or legally authorized in this
state to render the same professional service.
(4) One or more physicians and surgeons licensed
under the
public
health code, 1978 PA 368, MCL 333.1101 to 333.25211
individuals licensed to engage in the practice of medicine under
part 170, the practice of osteopathic medicine and surgery under
part 175, or the practice of podiatric medicine and surgery under
part 180 of article 15 of the public health code, 1978 PA 368, MCL
333.16101 to 333.18838, may organize a professional corporation
under
this act with 1 or more physicians and surgeons licensed
under
different provisions of the public health code, 1978 PA 368,
MCL 333.1101 to 333.25211 other individuals licensed to engage in
the practice of medicine under part 170, the practice of
osteopathic medicine and surgery under part 175, or the practice of
podiatric medicine and surgery under part 180 of article 15 of the
public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(5) Subject to section 17048 of the public health code, 1978
PA 368, MCL 333.17048, 1 or more individuals licensed to engage in
the practice of medicine under part 170, the practice of
osteopathic medicine and surgery under part 175, or the practice of
podiatric medicine and surgery under part 180 of article 15 of the
public health code, 1978 PA 368, MCL 333.16101 to 333.18838, may
organize a professional corporation under this act with 1 or more
physician's assistants licensed under article 15 of the public
health code, 1978 PA 368, MCL 333.16101 to 333.18838. Beginning on
the effective date of the amendatory act that added this
subsection, 1 or more physician's assistants may not organize a
professional corporation under this act that will have only
physician's assistants as shareholders.
(6) (4)
A licensed person of another
jurisdiction may become
an
officer, director, shareholder, employee, or agent of the a
professional corporation but shall not render any professional
service in this state until the person is licensed or otherwise
legally authorized to render the professional service in this
state.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 26.
(b) Senate Bill No. 28.
