Hello and thank you for your question.
A physician not licensed in Texas for sure can't own a Texas
"A professional corporation, other than a professional legal
corporation, may only issue shares to natural persons duly licensed in
Texas to render the professional service for which the corporation is
organized. In addition, the officers, as well as the directors, must
be duly licensed to perform the professional service."
I'm having a harder time absolutely proving that an out-of-state
licensed physician can't own an unincorporated medical office, but
surely the answer is the same. Mainly, you'd be "maintaining" a
medical office in Texas, and you can't do that without a Texas
CHAPTER 155. LICENSE TO PRACTICE MEDICINE
SUBCHAPTER A. LICENSE REQUIREMENTS
§ 155.001. LICENSE REQUIRED. A person may not practice
medicine in this state unless the person holds a license issued
under this subtitle.
Here's where "maintaining" an office is relevent:
§ 151.052. Exemptions
(a) This subtitle does not apply to:
(11) a legally qualified physician of another state who is in this
state for consultation with a physician licensed in this state but who
(A) maintain an office in this state; or
(B) appoint a place in this state for seeing, examining, or treating a patient"
You'd also be in effect delegating responsibility to your
Texas-licensed employee, which would still leave you responsible for
"§ 157.001. General Authority of Physician to Delegate
(a) A physician may delegate to a qualified and properly trained
person acting under the physician's supervision any medical act that a
reasonable and prudent physician would find within the scope of sound
medical judgment to delegate if, in the opinion of the delegating
(1) the act:
(A) can be properly and safely performed by the person to whom the
medical act is delegated;
(B) is performed in its customary manner; and
(C) is not in violation of any other statute; and
(2) the person to whom the delegation is made does not represent to
the public that the person is authorized to practice medicine.
(b) The delegating physician remains responsible for the medical acts
of the person performing the delegated medical acts.
(c) The board may determine whether:
(1) an act constitutes the practice of medicine, not inconsistent
with this chapter; and
(2) a medical act may be properly or safely delegated by physicians."
And don't forget, you would need Texas malpractice insurance, since
without the protection of a corporation you would be liable for
whatever your medical employees commit, and you won't get that without
having a Texas license.
If nothing else, the malpractice issue will stand in the way of your
owning the office.
Search terms used:
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Thanks again for bringing us your question.
Google Answers Researcher