How to Avoid Allegations of Unauthorized Corporate Practice of Medicine

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The following tips may help you to avoid allegations of unuathorized corporate practice of medicine, whether you are in a state that prohibits the corporate practice of medicine or not:

  • All contracts, job descriptions and other documents used in the employment of physicians should consistently stress the requirement of the physician to exercise his or her own independent professional judgment at all times.
  • A corporation entering into a transaction for a physician’s services should fully explain that any existing quality assurance, utilization review, capitation/bonus arrangement, or similar plan should not be interpreted to impede or interfere with the independent medical judgment of the physician in treating patients. […]