We want to form a Wellness Group. We would like to offer Massage, Acupuncture, Chiropractic care as well as a Physician Monit...

Full Question:

We want to form a Wellness Group. We would like to offer Massage, Acupuncture, Chiropractic care as well as a Physician Monitored Weight loss program.My questions is: In some States you can form a Professional Corporation to run a Medical Clinic, without the President of the Corporation not being a Physician. How ever the Corporation can employ the Physician/s to practice medical in the Clinic.Is this the case in Colorado?The practice will not be providing traditional Medicine this will be a Holistic Medicine/Wellness Center. Any information you can give me would be helpful. We do have a Physician that is licensed in the state who will be the Medical Director.
09/10/2009   |   Category: Corporations ยป Professional...   |   State: Colorado   |   #18566

Answer:

Some information on Colorado Professional Service Corporations is located here:

http://www.sos.state.co.us/pubs/business/faq_business.htm

http://www.sos.state.co.us/pubs/business/faq_business.htm#PROCORP

Colorado is notoriously complex in their Professional Service Corporation setup procedures. Different professions are required to put different information into their Articles of Incorporation, for example. Colorado is so complex, that we (USLegal, Inc.) do not offer a Professional Service Corporation Package for Colorado (one of very few states we do not cover).

It is our information that all shareholders of a Colorado PSC practicing in the fields you describe must be licensed to practice the profession. This may prohibit your being an officer if you are unlicensed.

Colorado Statutes can be found here:

http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=

See for example:

TITLE 12 PROFESSIONS AND OCCUPATIONS - HEALTH CARE

http://www.michie.com/colorado/lpext.dll/cocode/2/18a40/1b865/1bc3b/1bc64/1bddf?f=templates&fn=document-frame.htm&2.0

This section (12-33-124) requires all shareholders and officers of a PSC for the practice of Chiropractic to be licensed Chiropractors.

The same is true of Physicians (12-36-134).

It is our advice that you contact a Colorado attorney with experience setting up professional corporations to discuss your business plan.

We cannot give legal advice. The foregoing is not a substitute for the advice of a local attorney. But we hope the information will be useful.

Sincerely,

USLegal, Inc.