Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter D. PRACTICE IN PROFESSIONAL AND
BUSINESS ENTITIES


Sec.


45.201.    General.
45.202.    Professional corporations.
45.203.    Business entities.
45.204.    Fictitious names.

Authority

   The provisions of this Subchapter D issued under sections 5(2), 16 and 17 of the Speech-Language Pathologists and Audiologists Licensure Act (63 P. S. § §  1705(2), 1716 and 1717), unless otherwise noted.

Source

   The provisions of this Subchapter D adopted May 22, 1992, effective May 23, 1992, 22 Pa.B. 2730, unless otherwise noted.

§ 45.201. General.

 Generally, a licensee may practice in any lawful form of organization, including a corporation, partnership, trust, association, company or other similar form of organization.

§ 45.202. Professional corporations.

 (a)  A licensee may professionally incorporate with any health care practitioner licensed through the Bureau of Professional and Occupational Affairs, Department of State, if the regulations of the licensing board of the other health care practitioner also permit multipurpose professional corporations.

 (b)  The Board will approve any name of the professional corporation which is not false, misleading or fraudulent. If a name is chosen which does not contain the names of the licensed professionals with an ownership interest in the practice, the Board shall be supplied with a list of these persons. The Board will notify the licensee of its approval or disapproval, and this notice shall be submitted to the Corporation Bureau, Department of State, together with the documents and fees required by that agency for filing articles of incorporation.

 (c)  A licensee incorporating under the terms of this section shall inform the Board of a change in the name or ownership of the corporation.

§ 45.203. Business entities.

 (a)  A business entity may provide services which require licensure, if the following conditions are met:

   (1)  The individuals engaging in the practice of a licensed activity possess a current valid license from the Board.

   (2)  The business entity files with the Board a certification that the business entity submits itself to the requirements of the act and the jurisdiction of the Board and this chapter.

   (3)  The business entity provides the Board with a list of the licensees employed by the entity. The list shall be updated upon changes in licensed personnel.

   (4)  The business entity executes a written contract with licensed employes providing for the licensed employes’ right to independent exercise of professional judgment.

 (b)  A licensee may practice as an employe of a business entity which has met the conditions in subsection (a). The Board will not issue nor renew the license of an individual engaging in the practice of a licensed activity through a business entity which does not have a certification on file.

§ 45.204. Fictitious names.

 A licensed practice may be conducted under a fictitious name, if the name is submitted to the Board for approval prior to filing with the Corporation Bureau of the Department of State. The Board will notify the person filing the request to do business under a fictitious name of its approval or disapproval, and this notice shall be submitted to the Corporation Bureau, together with the documents and fees required by that agency for filing a fictitious name registration. The Board will approve a fictitious name which is not false, misleading or fraudulent.



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