In most states the corporate practice question is answered by who owns the shares. West Virginia adds a step that is easy to miss and hard to fix retroactively: the entity itself needs permission from the medical board.
W. Va. Code § 30-3-15 provides that a corporation may not practice medicine or hold itself out as entitled to practice medicine unless it holds a certificate of authorization from the West Virginia Board of Medicine.
What the certificate is doing
It converts the corporate practice question from a private structuring exercise into a regulatory filing. The Board sees your entity, its ownership, and its intent before it operates — rather than after a complaint.
That is a meaningful difference in practice. A structure that would quietly survive in a state with no filing requirement has to be defensible on paper here, at the outset.
The consequence for sequencing
- Decide the ownership structure first, with counsel.
- Form the professional entity.
- Apply for the certificate of authorization.
- Only then hold the entity out as providing medical services.
Businesses that open first and file later create a period during which the entity was practicing without authorization. That is not a paperwork gap; it is the thing the statute prohibits.
This sits alongside, not instead of, physician oversight
The certificate addresses the entity. It does not answer who supervises the clinical work. West Virginia still expects a physician medical director with genuine oversight of the medical services delivered, and that is a separate obligation with separate evidence.
Comparable filings elsewhere
Rhode Island licenses the med spa as a healthcare facility. Florida licenses clinics through AHCA unless an exemption applies. Tennessee maintains a registry. The common thread is that in these states, “we formed a PC” is not a complete answer.
Related reading
Frequently asked questions
What does W. Va. Code § 30-3-15 require?
That a corporation hold a certificate of authorization from the West Virginia Board of Medicine before practicing medicine or holding itself out as entitled to practice medicine.
Is forming a professional corporation enough?
No. Formation and authorization are separate steps.
When should we apply?
Before the entity holds itself out as providing medical services.
Does the certificate replace a medical director?
No. Entity authorization and clinical oversight are separate obligations.
General information about West Virginia law, not legal advice. Confirm your obligations with the West Virginia Board of Medicine and counsel licensed in West Virginia.