Bill Text: MI SB0570 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Businesses; limited liability companies; physicians, advanced practice nurses, and physician's assistants to organize a limited liability company; allow. Amends secs. 902 & 904 of 1993 PA 23 (MCL 450.4902 & 450.4904). TIE BAR WITH: SB 0568'13
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-10-01 - Referred To Committee On Health Policy [SB0570 Detail]
Download: Michigan-2013-SB0570-Introduced.html
SENATE BILL No. 570
October 1, 2013, Introduced by Senator MARLEAU and referred to the Committee on Health Policy.
A bill to amend 1993 PA 23, entitled
"Michigan limited liability company act,"
by amending sections 902 and 904 (MCL 450.4902 and 450.4904),
section 902 as amended by 2012 PA 568 and section 904 as amended by
2010 PA 126.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 902. As used in this article:
(a) "Licensed person" means an individual who is 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, any corporation or professional services
corporation all of whose shareholders are licensed persons, any
partnership all of whose partners are licensed persons, or any
limited liability company all of whose members and managers are
licensed persons.
(b) "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 a certified or other public accountant,
chiropractor, dentist, optometrist, veterinarian, osteopathic
physician,
physician, surgeon, podiatrist, chiropodist, physician's
physician assistant, advanced practice registered nurse, nurse
anesthetist, architect, professional engineer, land surveyor, or
attorney-at-law.
(c) "Professional services corporation" means a corporation
formed under former 1962 PA 192 or a corporation incorporated under
and governed by chapter 2A of the business corporation act, 1972 PA
284, MCL 450.1101 to 450.2098.
Sec. 904. (1) Except as provided in this section or otherwise
prohibited, a professional limited liability company may render 1
or more professional services, and each member and manager must be
a licensed person in 1 or more of the professional services
rendered by the company.
(2)
Except as provided in subsection (3), or (4), or (5), if a
professional limited liability company renders a professional
service that is included within the public health code, 1978 PA
368, MCL 333.1101 to 333.25211, then all members and managers of
the company must be licensed or legally authorized in this state to
render the same professional service.
(3) One or more individuals who are licensed to engage in the
practice
of medicine under part 170, the practice of osteopathic
medicine
and surgery under part 175, 171
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 liability company under this article with 1
or more other individuals who are licensed to engage in the
practice
of medicine under part 170, the practice of osteopathic
medicine
and surgery under part 175, 171,
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.
(4)
Subject to section 17048 of the public health code, 1978
PA
368, MCL 333.17048, 1 or more One
or more individuals who are
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,
practice as a physician
assistant, or the practice of
advanced practice registered nursing, under part 171 of the public
health code, 1978 PA 368, MCL 333.17101 to 333.17186, may organize
a
professional limited liability company under this article with 1
or
more physician's assistants any
other individuals who are
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 limited liability
company
under this act that will have only physician's assistants
as
members.that part 171.
(5) One or more individuals who are licensed to engage in the
practice of medicine under part 171 of the public health code, 1978
PA 368, MCL 333.17101 to 333.17186, may organize a professional
limited liability company under this article with 1 or more
registered professional nurses who hold specialty certifications in
the field of nurse anesthetist under section 17210 of the public
health code, 1978 PA 368, MCL 333.17210.
(6) (5)
A licensed person of another
jurisdiction may become a
member, manager, employee, or agent of a professional limited
liability company, but shall not render any professional services
in this state until the person is licensed or otherwise legally
authorized to render the professional service in this state.
(7) (6)
A limited liability company may
engage in the practice
of architecture, professional engineering, or professional
surveying in this state if not less than 2/3 of the members or
managers of the limited liability company are licensed in this
state to render 1 or more of the professional services offered. A
professional limited liability company organized under this article
may engage in the practice of architecture, professional
engineering, or professional surveying in this state if all of the
members and managers of the professional limited liability company
organized under this article are licensed in this state to render 1
or more of the professional services offered.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 568
of the 97th Legislature is enacted into law.
