Lawyer for transfer of liberal practice or presentation of patient base

Are you considering changing your medical practice to acquire a more spacious or better located one? Do you wish to sell part of your nursing care activity and need legal advice to secure the transaction? Our team of lawyers specialized in the transfer of liberal practice assets and patient referral rights supports self-employed healthcare professionals in their operations.

Thanks to our expertise in business law, we advise you on the choice of the buyer and handle all administrative procedures. From negotiation to drafting of deeds, we guarantee comprehensive assistance for a smooth transfer. At Macfarlanes LLP, we ensure the transaction proceeds under the best conditions, right up to the conclusion of the sale.

Lawyer specialized in the transfer of liberal practice and patient presentation rights in a medical practice

Patient base transfer is an essential operation for any liberal healthcare professional wishing to transfer their practice. It can occur as part of the total or partial sale of a liberal practice. In the first case, the transfer includes all tangible and intangible assets related to the medical office: equipment, lease rights, website, phone number, and of course, the patient base.

In a partial sale, only the patient base is transferred. This operation consists of transferring the rights relating to patient care to another practitioner practicing the same specialty. The transfer of patient base can be integrated into a global transaction or carried out independently, depending on the needs of the transferor and the transferee.

Regardless of the type of transfer chosen, this process must be carried out in compliance with the rules governing medical professions to ensure a smooth transition. Our law firm specialized in the transfer of liberal practice and the right of presentation of the patient base supports you at every stage of this process. From analyzing the transfer conditions to drafting legal documents, we ensure the security of your transaction and defend your interests.

In which cases can a doctor transfer their liberal practice or patient base?

Several situations may justify the transfer of a doctor's patient base to a colleague. Each has specific implications for the liberal practice and continuity of care.

The doctor's retirement

When a doctor decides to retire, they can sell their liberal practice, often in its entirety. This includes equipment, premises, patient base and other elements constituting the medical practice. This approach ensures continuity of care for their patients while valuing the practitioner's years of practice.

A change of activity or specialty

A radiologist, dermatologist, or ophthalmologist who changes specialty or activity may choose to transfer their patient base to a colleague practicing in the same discipline. This transition facilitates patient follow-up and ensures an effective relay with the successor, while allowing the transferor to value their past work.

A doctor's move

When a general practitioner or specialist moves, they may opt to transfer their patient base to a practitioner located in their initial region of practice. This solution ensures continuity of care for patients while offering the successor an opportunity to develop their activity.

Integration into a medical structure

The transfer of patient base also occurs in the context of the arrival of a new partner in a medical practice or when creating a group activity. In the latter case, the patient base may constitute a contribution to the new structure, particularly in legal forms such as SCP, SELARL or SELAS. Whatever the reason, contact our expert lawyers to transfer your liberal practice with the right to present the patient base in complete security.

Lawyer specialized in the transfer of liberal practice and patient list presentation rights: key steps of the transaction

The seller, who initiates the sale, must comply with various obligations and procedures.

Evaluation of the patient base value

An intangible element of the liberal practice, the patient base is a key component of the value of a medical practice. Its valuation is based on a personalized analysis by the seller, rather than on strictly codified criteria.

Several factors can influence this estimate, or even open the door to negotiations.

Among the determining factors are:

• the number of regular patients and their loyalty;
• the frequency of consultations;
• the average age of the patient base;
• the medical specialty practiced;
• the geographical location of the firm;
• local competition, particularly the arrival or departure of other practitioners.

Our team of health law lawyers carefully analyzes these elements and supports you in carrying out a realistic and justified valuation, essential to attract a successor.

Identification and selection of the successor

The selling doctor must find a successor practicing the same specialty and registered with the Order of Physicians. The successor must demonstrate their ability to maintain the link with the existing patient base. Our law firm assists its selling clients in the search and selection of the successor doctor.

Drafting and signing of the patient list presentation contract

The drafting of a patient list presentation contract is an essential step to formalize and secure the transaction.

This document must detail all aspects of the transaction, in particular:

• the identity of the healthcare professionals involved;
• the amount of the presentation fee and its payment terms;
• the transition periods for taking over the practice;
• the effective date of the contract;
• the methods of informing patients;
• the obligations of the parties;
• the procedures to follow in the event of a post-presentation dispute;
• the date and signatures of both parties.

To guarantee the legal and ethical compliance of the contract, the intervention of our lawyers competent in business law and corporate law in the health sector is essential. Our team of experts can ensure that the document meets legal requirements and the professional and ethical obligations of doctors.

We are also able to provide specific clauses tailored to the needs of both doctors, such as setting up temporary agreements to facilitate the transition. Replacement or collaboration contracts allow the transferring doctor to support his successor in integrating into his new practice and to ensure continuity of care for patients during the transitional phase.

Administrative formalities related to the transfer

The transfer of a patient list involves several administrative and legal formalities, essential to secure the transaction. These steps concern both the transferring doctor and the transferee. The transferee is required to complete the patient list transfer registration form or Declaration of transfer of business or clientele (Cerfa n°11275).

Then, he must transmit it to the competent tax office within one month after signing the contract, along with payment of registration fees. This declaration formalizes the transfer with the tax authorities. For its part, the patient base transfer agreement must be submitted to the Departmental Council of the Order of Physicians (ODM) of the transferring doctor. The latter examines the legal and ethical compliance of the contractual clauses.

Our lawyers specialized in the transfer of liberal practice and patient list rights assist both contracting parties in carrying out these procedures, ensuring their proper execution.

Communication with patients

During a patient transfer, the transferring doctor is required to inform their patients of the installation of their successor and the resumption of their medical activity. This right of presentation can be exercised by various means, such as individual letters, notices in the office, or electronic messages.
It is strongly recommended to keep proof of this communication to avoid any subsequent dispute. This information process must be carried out with clarity and transparency, while respecting the patients' right to freely choose their doctor. No patient can be forced to consult the successor designated by the transferring doctor.

This fundamental principle, enshrined in Article R.4127-6 of the Public Health Code, guarantees patients' freedom of choice in their medical follow-up. At Macfarlanes LLP, we help our transferring clients comply with this legal and ethical obligation and thus preserve the trusting relationship with the patient base.