Bill Text: MI SB0028 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Businesses; limited liability companies; formation of limited liability companies by physician groups or physician and physician's assistant groups; allow. Amends secs. 902 & 904 of 1993 PA 23 (MCL 450.4902 & 450.4904). TIE BAR WITH: SB 0026'09, SB 0027'09
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-07-21 - Assigned Pa 0126'10 With Immediate Effect [SB0028 Detail]
Download: Michigan-2009-SB0028-Introduced.html
SENATE BILL No. 28
January 27, 2009, Introduced by Senator STAMAS 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 1997 PA 52 and section 904 as amended by
2000 PA 333.
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
assistant,
architect, professional engineer, land
surveyor, and or
attorney-at-law.
(c) "Professional services corporation" means a corporation
formed under the professional service corporation act, 1962 PA 192,
MCL 450.221 to 450.235.
Sec.
904. (1) Except as otherwise provided in this section or
otherwise prohibited, a professional limited liability company may
render 1 or more professional services, and each member and manager
shall
must be a licensed person in 1 or more of the
professional
services rendered by the company.
(2)
If the Except as provided
in subsection (3) or (4), 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 shall must be licensed or legally authorized in this
state to render the same professional service.
(3) One or more physicians may organize a professional
liability company under this article with 1 or more physicians
licensed under different provisions of article 15 of the public
health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(4) One or more physicians may organize a professional limited
liability company under this article 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 May 1, 2008, 1
or more physician's assistants may not organize a professional
corporation under this act that will have only physician's
assistants as shareholders.
(5) (3)
A licensed person of another
jurisdiction may become a
member,
manager, employee, or agent of the 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.
(6) (4)
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.
(7) As used in this section, "physician" means an individual
licensed to engage in the practice of medicine, the practice of
osteopathic medicine and surgery, or the practice of podiatric
medicine and surgery under article 15 of the public health code,
1978 PA 368, MCL 333.16101 to 333.18838.
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. 27.
