Legal Question in Business Law in California
Can a California Acupuncture Professional Corporation hire non-acupuncture professionals as employees or independent contractors? Ex. An acupuncture professional corporation hires massage therapists as part of a business model to provide health and wellness to its clients. (Note: the other professional employees or independent contractors are non-shareholders).
2 Answers from Attorneys
After reviewing Business & Professions Code sections 4975 - 4979, I think the answer is yes, provided they are not officers or shareholders of the corporation, but the Acupuncture Board may have some rules that go beyond the statutes, and I think it would be advisable to contact the Board and obtain an official opinion.
A company can hire anyone they like as employees, subject to certain criminal background bans. They just can't allow unlicensed people to do work requiring a license. Nor can a professional corporation generally have non-professional owners / partners. You should consult with counsel to review your organization documents and policies to properly establish these rules. If serious about doing so, feel free to contact me.
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