(1) A licensed veterinarian shall not practice veterinary medicine in or through a corporation except in accordance with this section.
One or more persons may form or own shares in a corporation for the practice ofveterinary medicine if the corporation is organized and operated in accordance with this section. A corporation formed pursuant to this section may exercise the powers and privileges conferred upon corporations by the laws of Colorado.
The practice of veterinary medicine by a corporation pursuant to this section must beperformed by or under the supervision of a licensed veterinarian. Lay directors, officers, and shareholders of the corporation shall not exercise any authority whatsoever over the independent medical judgment of licensed veterinarians performing or supervising the practice of veterinary medicine by or on behalf of the corporation.
The corporation shall not engage in any act or omission that, if engaged in by alicensed veterinarian employed by the corporation, would violate section 12-315-112 (1). A violation of section 12-315-112 (1) is grounds for the board to discipline a licensee pursuant to section 12-315-112.
Nothing in this section diminishes or changes the obligation of each licensed veterinarian employed by the corporation to conduct the licensee's practice so as not to violate section 12-315-112 (1). A licensed veterinarian who, by act or omission, causes the corporation to act or fail to act in a way that violates section 12-315-112 (1) or any provision of this section is personally responsible for the act or omission and is subject to discipline for the act or omission.
Nothing in this section modifies the veterinarian-patient-client privilege specified insection 24-72-204 (3)(a)(XIV).
As used in this section, unless the context otherwise requires:
"Corporation" means a domestic entity, as defined in section 7-90-102 (13), a foreignentity, as defined in section 7-90-102 (23), registered to do business in Colorado, or a sole proprietorship.
"Director" and "officer" of a corporation includes a member and a manager of alimited liability company and a partner in a registered limited liability partnership.
"Shareholder" includes a member of a limited liability company and a partner in aregistered limited liability partnership.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1636, § 1, effective October 1.
Editor's note: This section is similar to former § 12-64-122 as it existed prior to 2019.