N.J.A.C. 13:35-6.16

Notice of Action on Petition for Rulemaking

Board of Medical Examiners

Petitioner: Children's Health Associates, LLC

Authority: N.J.S.A. 52:14B-4

Take notice that on November 28, 2005, the Board of Medical Examiners (BME) received a petition for rulemaking from Children's Health Associates, LLC (CHA) requesting that the Board amend its regulation governing acceptable professional practice forms, N.J.A.C. 13:35-6.16(f), to permit physicians who are not licensed in New Jersey to become members of a New Jersey medical practice limited liability company (LLC). Petitioner proposes a rule amendment under which such physicians could not control a majority of the membership interest in the LLC nor could they practice medicine in New Jersey without first obtaining a New Jersey license. The petitioner contends that this amendment would provide greater flexibility for "interstate ownership of' New Jersey medical practices. The notice of receipt of petition for rulemaking was published in the January 17, 2006 New Jersey Register at 38 N.J.R. 848(a).

The Board reviewed the petitioner's request at its January 11, 2006 meeting. At that meeting, the Board decided to refer this matter to its Executive Committee. The Committee will deliberate on the petitioner's request and review legal and policy considerations regarding membership of out-of-State individuals unlicensed to practice in New Jersey in a New Jersey medical practice LLC. The Committee shall report its recommendations to the Board by April 11, 2006.

A copy of this notice has been mailed to the petitioner pursuant to N.J.A.C. 1:30-4.2.