Carolina 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 corporation may elect professional corporation status under South Carolina law solely for the rendering of professional services, including services ancillary to them, within a single profession. In addition, a corporation may elect professional corporation status for the rendering of professional services within two or more professions, to the extent the combination of professional purposes or of professional and business purposes is authorized by the licensing law applicable to each profession.128 Although South Carolina licensing law does not specifically authorize PAs and physicians to practice in combination, the nature of the two professions strongly suggests that this is permitted. South Dakota A medical practice in South Dakota may be owned by a professional corporation, a professional limited liability company or certain other types of entities. South Dakota law specifically provides for PA corporations and medical corporations. All the shareholders of a medical corporation must be physicians.129 Similarly, all the shareholders of a PA corporation must be PAs.130 PAs and physicians may also own medical practices through limited liability companies. Again, however, it appears that each type of practitioner must be the sole owner of its specific type of professional limited liability company.131 The following section creates some ambiguity: “One or more authorized licensees may form a professional corporation for the purpose of rendering two or more kinds of professional services and services ancillary thereto. A professional corporation may not employ a person who is an authorized licensee unless at least one shareholder of the professional corporation is an authorized licensee of the same profession.�132 This appears to permit professional corporations owned by multiple types of practitioners, even though the provisions described above do not. Tennessee A medical practice in Tennessee may be owned by a professional corporation, a professional limited liability company, a general business corporation or certain other types of entities. A PA may own shares in a medical professional corporation in combination with licensed physicians, except radiologists, pathologists and anesthesiologists.133 Although the law
128
Code of Laws of South Carolina 1976 Annotated (West) Section 33-19-110.
129
South Dakota Codified Laws (West) Section 47-11-3.
130
Id.
131
South Dakota Codified Laws (West) Section 47-11 F-2, 3; 47-11 B-1.
132
South Dakota Codified Laws (West) Section 47-11 F-3.
133
Opinion of the Tennessee Attorney General, No. 07-116 (Aug. 8, 2007); see also Tennessee Administrative Code Section 0880-2-.20.
34 DLMR_628211.1