In Minnesota, may a non-clinical owner or manager be paid a share of revenue?
Ownership · part of The Practice Perimeter
Short answer
The cited rules do not settle this — the fee-splitting carve-out covers only a partnership, group practice, nonprofit or professional corporation paying its partners, shareholders, members or employees from fees for physician or physician-supervised work.
⚠️ Minnesota names the med spa business model as fee splitting. “fee splitting” is unprofessional conduct “including without limitation … (4) dispensing for profit any drug or device, unless the physician has disclosed the physician’s own profit interest.” Selling a drug or a device at a mark-up is inside the fee-splitting ground unless the profit interest is disclosed — which is a different and larger duty than the § 151.37 filing.
Minn. Stat. § 147.091, subd. 1(p)(4) · verified Sep 2, 2026 · regulatory monitoring, not legal advice
Related Minnesota rules
The rest of the ground reaches referral economics. Fee splitting also covers “paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, or remuneration, directly or indirectly, primarily for the referral of patients or the prescription of drugs or devices”; dividing fees with another physician or professional corporation “unless the division is in proportion to the services provided and the responsibility assumed” and disclosed; and referring to a provider in which the physician has a “financial or economic interest” without disclosure.
Minn. Stat. § 147.091, subd. 1(p)(1)–(3) · verified Sep 2, 2026
⚠️ and the disclosure has a form, a time and a sentence it must contain. “The physician must make the disclosures required in this clause in advance and in writing to the patient and must include in the disclosure a statement that the patient is free to choose a different health care provider.” In advance, in writing, and carrying that sentence — three requirements a verbal mention at the point of sale does not meet.
Minn. Stat. § 147.091, subd. 1(p) · verified Sep 2, 2026
How other states answer this
- Alaska
- Arizona
- California
- Colorado
- Delaware
- District of Columbia
- Florida
- Georgia
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maryland
- Massachusetts
- Michigan
- Nebraska
- Nevada
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
Related Minnesota questions
- Can a non-physician own a med spa in Minnesota?
- What limits does Minnesota place on a med spa's business structure?
- Can private equity invest in a med spa in Minnesota?
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← All Minnesota rules and changes · MedSpaRadar is regulatory monitoring and reference: it summarizes public laws, regulations and agency actions and links each to its source. It is not legal, medical, or compliance advice, and using it creates no attorney-client relationship. A summary can lag its source or leave out detail, and monitoring itself can be interrupted — so an absence of alerts means nothing reached you, not that nothing happened. Read the cited source, check its effective date, and confirm any change to your operations or clinical practice with qualified health-law counsel and your medical director. Legislative data via LegiScan (CC BY 4.0).