Bill Summary – FastDemocracy

23.0647.02000
     Sixty-eighth
     Legislative Assembly                    SENATE BILL NO. 2148
     of North Dakota
     Introduced by
       Senators Sickler, Barta, K. Roers
       Representative Strinden
1    A BILL for an Act to amend and reenact section 43-17-42 of the North Dakota Century Code,
2    relating to the corporate practice of medicine.
3    BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4        SECTION 1. AMENDMENT. Section 43-17-42 of the North Dakota Century Code is
5    amended and reenacted as follows:
6        43-17-42. Employment of physicians by hospitals - Employment of physicians by
7    nonprofit entities and charitable trusts for hyperbaric oxygen therapy.
8        1.   Notwithstanding any other provision of law, a hospital licensed under chapter 23-16
9             may employ directly or indirectly a physician if the employment relationship between
10            the physician and hospital is evidenced by a written contract. The written contract
11            must contain language to the effect the hospital's employment relationship with the
12            physician may not affect the exercise of the physician's independent judgment in the
13            practice of medicine, and the physician's independent judgment in the practice of
14            medicine is in fact unaffected by the physician's employment relationship with the
15            hospital. Under this subsection a hospital is not engaged in the practice of medicine.
16       2.   Notwithstanding any other provision of law, a nonprofit entity or charitable trust may
17            employ directly or indirectly a physician to conduct hyperbaric oxygen therapy if the
18            employment relationship between the physician and nonprofit entity or charitable trust
19            is evidenced by a written contract. The written contract must contain language to the
20            effect the nonprofit entity's or charitable trust's employment relationship with the
21            physician may not affect the exercise of the physician's independent judgment in the
22            practice of medicine, and the physician's independent judgment in the practice of
23            medicine is in fact unaffected by the physician's employment relationship with the
                                               Page No. 1                         23.0647.02000
    Sixty-eighth
    Legislative Assembly
1           nonprofit entity or charitable trust. Under this subsection a nonprofit entity or charitable
2           trust is not engaged in the practice of medicine.
                                             Page No. 2                         23.0647.02000
Statutes affected: 
INTRODUCED: 43-17-42
FIRST ENGROSSMENT: 43-17-42
Enrollment: 43-17-42