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Can a non-physician own a med spa in Montana?

Ownership · part of The Practice Perimeter

MONTANA’S LINE ON WHO MAY OWN A MEDICAL PRACTICE IS DRAWN BY THE PROFESSIONAL CORPORATION ACT AND ONE RULE OF THE BOARD OF MEDICAL EXAMINERS. The Act defines a professional service as one that may lawfully be rendered only by licensed persons and may not lawfully be rendered by an ordinary business corporation, restricts share ownership in a professional corporation to qualified persons, requires at least one-half of the combined directors and officers to be qualified persons, and allows a professional corporation to render professional services only through natural persons permitted to render them. The Board’s unprofessional-conduct rule then reaches the employment relationship directly: it is unprofessional conduct for a physician or physician assistant to practice as the partner, agent, or employee of, or in joint venture with, a person who does not hold an equivalent license, unless the licensee is incorporated as a professional entity or is practicing with a licensed health care facility or provider under a written agreement that the relationship may not affect the licensee’s independent judgment. The uniform licensing statute makes aiding a person to circumvent a licensure law, assisting unlicensed practice, and allowing another person or organization to practice by use of the licensee’s license unprofessional conduct. None of these sections addresses the division of fees; the Board’s rule speaks to the employment relationship and the independence of judgment, not to how revenue is shared.

Drawn from 8 verified rules in this section · regulatory monitoring, not legal advice

The rest of what Montana says on this

Every other rule we have verified under ownership & corporate practice of medicine, each linked to its primary source.

  • "Professional service" means any service that may lawfully be rendered only by persons licensed under a licensing law of this state and that may not lawfully be rendered by a corporation organized under the Montana Business Corporation Act. (6) "Qualified person" means a natural person, general partnership, or professional corporation eligible under this chapter to own shares issued by a professional corporation.

    Mont. Code Ann. § 35-4-109(5)-(6) · verified Sep 8, 2026

  • Professional corporations may be organized under this chapter only for the purpose of rendering professional services and services ancillary thereto within a single profession, except that a professional corporation may be incorporated for the purpose of rendering professional services within two or more professions and for any purpose or purposes for which corporations may be organized under the Montana Business Corporation Act to the extent that such combination of professional purposes or professional and business purposes is permitted by the licensing laws and rules of this state applicable to such professions.

    Mont. Code Ann. § 35-4-205 · verified Sep 8, 2026

  • At least one-half of the combined directors and officers of a professional corporation, other than the secretary and the treasurer, must be qualified persons with respect to the corporation.

    Mont. Code Ann. § 35-4-207 · verified Sep 8, 2026

  • A professional corporation, domestic or foreign, may render professional services in this state only through natural persons permitted to render the services in this state. However, nothing in this chapter requires any person employed by a professional corporation to be licensed to perform services for which a license is not otherwise required or prohibits the rendering of professional services by a licensed natural person acting in an individual capacity, even if the person is a shareholder, director, officer, employee, or agent of a professional corporation, domestic or foreign.

    Mont. Code Ann. § 35-4-403 · verified Sep 8, 2026

  • engaging in practice under a license issued by the board as the partner, agent, or employee of, or in joint venture with, a person who does not hold an equivalent license for practice. However, this rule does not prohibit: (i) the incorporation of an individual licensee or group of licensees as a professional service corporation under Title 35, chapter 4, MCA, a professional limited liability company under Title 35, chapter 8, MCA, or a professional limited liability partnership under Title 35, chapter 10; or (ii) practicing medicine as the partner, agent, or employee of, or in joint venture with, a licensed health care facility or other licensed health care provider; however: (A) there must be a written agreement that the relationship may not affect the independent judgment of the licensee; (B) the independent judgment of the licensee must, in fact, not be affected by the relationship; and (C) the licensee may not be required to refer any patient to a particular provider or supplier or take any other action that the physician or physician assistant determines not to be in the patient's best interest;

    Mont. Admin. R. 24.156.405(2)(m) · verified Sep 8, 2026

  • (d) permitting, aiding, abetting, or conspiring with a person to violate or circumvent a law relating to licensure or certification; (q) assisting in the unlicensed practice of a profession or occupation or allowing another person or organization to practice or offer to practice by use of the licensee's license, or practicing while the licensee's license is in an inactive status;

    Mont. Code Ann. § 37-1-316(1)(d), (q) · verified Sep 8, 2026

  • Before being issued a license, an applicant may not engage in the practice of medicine in this state. (2) The department may issue two kinds of licenses, a physician's license and a resident license.

    Mont. Code Ann. § 37-3-301(1)-(2) · verified Sep 8, 2026

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← All Montana rules and changes · MedSpaRadar is regulatory monitoring and reference, not legal, medical, or compliance advice. Verify against the linked primary source and consult qualified counsel before acting — rules change and turn on your specific facts. Legislative data via LegiScan (CC BY 4.0).