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CORPORATE
MEDICINE

The Corporate Practice

of Medicine –

LEGAL

PERSPECTIVES

By George F. “Rick” Evans, Jr.,
Evans, Rowe & Holbrook,
BCMS General Counsel

et’s start with the very basics. From the law’s perspective, ex- very simple and one which you probably already know. It’s a series
actly what does it mean when lawyers and courts refer to the of statutes and court opinions which limits the extent to which
“corporate practice of medicine.” To a lay person, it sounds non-physicians can become involved in practicing medicine. but
like some corporation providing health care, right? Just like General the doctrine goes beyond the notion that one needs a medical li-
Motors makes and sells cars, why couldn’t some other corporation cense to provide care. The notion is to prevent any non-physician
develop and sell health care. What’s wrong with that? Well, because from influencing or controlling the independent and professional
it’s illegal when unlicensed persons or businesses do it. judgment of a doctor in his/her patient care. The laws were
To begin, the correct legal name is the “Corporate Practice of crafted to enable the physician to do that which is in the patient’s
Medicine doctrine.” It’s an old doctrine and traces its roots back interest free of interference or control. The theory is that control
to 1847 in the AMA Principles of Ethics. What’s the doctrine? by corporations could lead to discord between doctors trying to

10 San Antonio Medicine • October 2019