§415A-11  Responsibility for professionalservices.  (a)  Every individual who renders professional services as anemployee of a professional corporation shall be liable for any negligent orwrongful act or omission in which the individual personally participates to thesame extent as if the individual rendered the services as a sole practitioner. An employee of a professional corporation shall not be liable for the conductof other employees unless the employee is at fault in appointing, supervising,or cooperating with the other employees.

(b)  Every corporation whose employees performprofessional services within the scope of their employment or of their apparentauthority to act for the corporation shall be liable to the same extent as itsemployees.

(c)  Except as otherwise provided by statute,if any corporation is liable under subsection (b), every shareholder of thatcorporation shall be liable to the same extent as though the shareholder were apartner in a partnership and the services giving rise to liability had beenrendered on behalf of the partnership, unless the corporation has providedsecurity for professional responsibility as provided in this subsection and theliability is satisfied to the extent contemplated by the insurance or bond whicheffectuates the security.

A professional corporation may provide securityfor professional responsibility by procuring insurance or a surety bond issuedby an insurance company, or coverage under chapter 435E, or any combinationthereof, as the corporation may elect.  The minimum amount of security andrequirements as to the form and coverage provided by the insurance policy orsurety bond may be established for each profession by the licensing authorityfor the profession, and the minimum amount may be set to vary with the numberof shareholders, the type of practice, or other variables deemed appropriate bythe licensing authority. [L 1985, c 259, pt of §1; am L 1987, c 135, §117; am L1988, c 122, §1]