If you're forming a healthcare practice in New Hampshire, you'll find a regulatory environment more permissive than many states. Unlike states that enforce the Corporate Practice of Medicine doctrine, New Hampshire permits direct corporate employment of physicians without restrictions. You can operate as a Professional Corporation (PC), Professional Association (PA), or Professional Limited Liability Company (PLLC). However, this flexibility comes with specific compliance obligations, including a three-stage approval process: professional licensing board name approval, Secretary of State formation filing, and professional board entity licensure. You'll also need to track ongoing annual reports, Business Profits Tax (BPT), and Business Enterprise Tax (BET) obligations while ensuring professional licenses remain current.
Professional Corporations and Professional Associations operate under identical statutory authority under RSA Chapter 294-A. RSA 294-A:2 restricts these entities to rendering only professional services specified in their articles. Ownership under RSA 294-A:8 is restricted to qualified licensed professionals. Form 11PC requires a $100 filing fee, and the name must end with "Professional Corporation," "P.C.," "P.A.," or similar abbreviations.
RSA Chapter 304-D governs Professional Limited Liability Companies, offering limited liability protection with pass-through taxation. RSA 304-D:7 establishes critical membership restrictions: only qualified persons may hold membership interests, and transfers to non-qualified persons are void. If a member becomes disqualified (through license suspension, revocation, or surrender), their membership automatically ceases without requiring corporate action.
Healthcare organizations form PLLCs by filing Form PLLC-1 with a $100 filing fee. The name must end with "Professional Limited Liability Company," "P.L.L.C.," or similar abbreviations. PLLC formation documents must specify the exact professional services; generic "any lawful activity" language is not acceptable.
New Hampshire doesn't enforce a Corporate Practice of Medicine (CPOM) doctrine. RSA Chapter 329 contains no prohibition on corporate employment of physicians, and the former fee-splitting prohibition (RSA 329:23) was repealed in 1996. Corporations can directly employ physicians, and non-physician entities can own medical practices if licensed physicians deliver care. The only restriction: professional corporations under RSA 294-A:8 must be owned by licensed professionals.
Healthcare professionals must navigate a two-stage regulatory process requiring coordination between the Secretary of State and the Office of Professional Licensure and Certification (OPLC). You'll need pre-filing name approval from OPLC before submitting formation documents, followed by post-formation entity licensure.
New Hampshire healthcare entities face three distinct ongoing compliance obligations: annual reports, Business Profits Tax (BPT), and Business Enterprise Tax (BET).
Professional entities must file annual reports by April 1st each year. The filing fee is $100 ($102 online), with a $50 penalty for late submissions.
New Hampshire imposes a 7.5% Business Profits Tax. Entities with gross business profits exceeding $109,000 must file returns.
The Business Enterprise Tax rate is 0.55%. For 2025, entities with gross receipts or enterprise value tax base exceeding $298,000 must file.
Partnership returns are due March 15th (calendar-year entities); corporate returns are due April 15th. New Hampshire doesn't impose a separate franchise tax.
Healthcare entity compliance requires coordination between business entity status and individual professional licensing. The New Hampshire Board of Medicine, operating under the Office of Professional Licensure and Certification (OPLC), oversees physician licensing with requirements that directly impact entity ownership eligibility.
Physicians must complete 100 CME hours per biennial renewal cycle. At least 40 hours must be Category I, with the remaining 60 hours from Category I, Category II, or a combination. Physicians with DEA licenses must complete at least 3 Category I hours in Pain Management or Addiction Disorders. All physicians report CME credits to CE Broker.
Physician licenses expire two years from the date issued. This differs from states using uniform renewal dates, requiring healthcare entities to track multiple renewal deadlines for physician-owners. The physician license renewal fee is $55.
Professional corporation ownership requires active licensure under RSA 294-A. For PLLCs, RSA 304-D:7 automatically terminates membership when a member loses licensure. Healthcare entities should implement internal compliance systems tracking physician license renewal dates.
New Hampshire explicitly permits different licensed healthcare professionals to co-own the same professional entity. RSA 294-A:2 allows Professional Corporations to render more than one type of professional service, provided the corporate articles specify each service and the laws regulating each profession don't prohibit association.
Physicians, nurse practitioners, and physician assistants can co-own professional entities delivering comprehensive services. However, physician assistants face mandatory collaboration requirements under RSA 328-D:3-b and must maintain physician collaboration agreements even in multi-discipline ownership structures.
Can non-physician corporations employ physicians in New Hampshire?
Yes. The state doesn't enforce a Corporate Practice of Medicine doctrine. RSA Chapter 329 contains no prohibition on corporate employment of physicians, and the former fee-splitting prohibition was repealed in 1996.
What happens to my ownership interest if my medical license is suspended or revoked?
For PLLCs, RSA 304-D:7 automatically terminates your membership without requiring corporate action. Professional Corporations face similar requirements under RSA 294-A:8, though shares must be transferred through standard corporate procedures.
What annual filings and fees do New Hampshire healthcare entities face?
Annual reports are due April 1st with a $100 fee ($102 online). Late submissions incur a $50 penalty. Entities may also face Business Profits Tax (7.5% on profits exceeding $109,000) and Business Enterprise Tax (0.55% on gross receipts exceeding $298,000 for 2025).
Should I form a Professional Corporation or PLLC for my medical practice?
Both have $100 filing fees ($102 online). PLLCs offer more flexible management and pass-through taxation without corporate formalities, but RSA 304-D:7 creates automatic membership termination upon license disqualification. Consult legal counsel to evaluate which structure aligns with your practice model.
Do I need professional licensing board approval before filing formation documents?
Yes. RSA 294-A:7 requires pre-filing approval from the Office of Professional Licensure and Certification (OPLC) before submitting documents to the Secretary of State. After formation, you must obtain separate entity licensure from OPLC.
Managing compliance across healthcare entity formation, annual reports, professional licensing coordination, and multi-state tax obligations creates administrative burden that diverts attention from patient care and practice growth. Discern automates your annual report filings across all states, with real-time deadline tracking and registered agent services in New Hampshire that keep your entities in good standing.
Ready to simplify your healthcare entity compliance? Book a demo with Discern today and see how we can reduce your administrative burden while ensuring your New Hampshire entities stay compliant.
.png){kind=small}