New Jersey A medical practice in New Jersey may be owned by a professional corporation, limited liability company or certain other types of entities. New Jersey law does not specifically address ownership of such entities by PAs, or co-ownership by PAs and physicians, nor is there any specific prohibition on such ownership or co-ownership. However, the New Jersey Board of Medical Examiners has indicated that PAs may be owners of such entities or co-owners with physicians. Under New Jersey law, shares of a professional corporation may only be issued to an individual who is duly licensed or otherwise legally authorized to render the same professional service as that for which the corporation was incorporated.95 A “professional service” is defined as “any type of personal service to the public which requires as a condition precedent to the rendering of such service the obtaining of a license or other legal authorization . . .”96 New Jersey law provides a list of personal services which does not include PAs, but the list specifically indicates that it is not exclusive (“by way of example, and without limiting the generality thereof”). “Professional corporation” is defined as a corporation which is organized for the sole and specific purpose of rendering the same or closely allied professional service as its shareholders. “Closely allied professional service” means and is limited to, among other things, “any branch of medicine and surgery.” In its meeting on July 18, 2003, the Physician Assistant Advisory Committee of the State of New Jersey determined that a PA may be a joint shareholder in a professional service corporation. Physician assistants (like physicians) are considered licensees of the Board of Medical Examiners. See N.J. Admin. Code 13, §35-2B. As such, the scope of their ability to practice is outlined by the provisions of N.J. Admin. Code 13 §35-6.16(f), which enumerates “acceptable professional practice forms” for all Board of Medical Examiner licensees. These include limited liability companies and partnerships, as well as professional service corporations. The professional services offered by each practitioner, whether a partner, member or shareholder, shall be the same or in a closely allied medical or professional health care field. For the purpose of this rule, “closely allied fields” shall be deemed to include the health care professions licensed by the State Professional Boards under the Division of Consumer Affairs, which includes physician assistants. New Mexico A medical practice in may be owned by a professional corporation, limited liability company or certain other types of entities. New Mexico law does not specifically address ownership of such entities by PAs, or co-ownership by PAs and physicians, nor is there any specific prohibition on such ownership or co-ownership. A “professional corporation” means a corporation which is organized under the Professional Corporation Act for the sole and specific purpose of rendering professional services 95
New Jersey Statutes Annotated Section 14A:17-10.
96
New Jersey Statutes Annotated Section 14A:17-3.
27 DLMR_628211.1