Alabama Attorney General Opinion 1979-0191

'59 ADMINISTRATIVE BUILDING MI NORTH UNION MONTGOMERY, 34130 AREA (SOS(. 1130.01110 OFFICE OF THE ATTORNEY GENERAL LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. SENORS. JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANie NOBLES ADMINISTRATIVE ASSISTANT CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA MAY 9 1979 q_ op iq Mr. Winston V. Legg, Jr. Athens-Limestone Hospital Association P. O. Box 470 Athens, AL 35611 ATHENS-LIMESTONE COUNTY -- HOSPITALS -- PHYSICIANS Athens-Limestone County Hospital may be named in honor of living physician provided such name clearly distinguishes between the institution and the individual. Dear Mr. Legg: I am writing in response to your letter of April 26, 1979, which requested an opinion from this office as follows: "As a member of the Board of Athens-Limestone Hospital Association, I have been authorized and instructed to request, on behalf of said Board, your opinion rela- tive to the following: "Athens-Limestone Hospital Association is a public corporation, authorized by Section 9, Act No. 211, 1945 Alabama Legislature in Regular Session, now appearing in Code of Alabama, 1975, Title 22-21-50, et seq. Mr. Winston V. Legg Page 2 "The Hospital operated by the Athens-Limestone Hospital Association is now known as the 'Athens- Limestone Hospital'. A proposal has been made to the Hospital Board that the name be changed to honor a living physician in this community and the proposed name is Dr. J. O. Belue County Hos- pital (although there is a possibility that the proposed name might be slightly changed, but would, nevertheless, contain the individual's name). "We have particular concern with the provisions now contained at Title 22-21-50(b)(3), con- cerning the name of a hospital association, where it is provided that the Secretary of State shall examine the application, 'and if he finds that the name proposed for the Corporation is not identical with that of a person . . "I am asked to request your opinion as to these specific questions: 1. Can the name of the Athens-Limestone Hospital Association be changed to 'Dr. J. O. Belue Hospital Association' or a name similar thereto? 2. Can the name of Athens-Limestone Hospital be changed to 'Dr. J. O. Belue County Hospital' or a name similar thereto? 3. If such changes can be made, is the Board of Directors of Athens-Limestone Hospital Association authorized to make such change by amendment to the certificate of incorporation?" Our review of the Code discloses no impediment to the pro- posed name change other than the statutory provision referenced in your request, Section 22-21-50(b)(3), Code of Alabama 1975. That section provides in its entirety as follows: "The Secretary of State shall examine the application and if he finds that the name proposed for the corporation is not identi- cal with that of a person or any other corporation of the state or so nearly simi- lar as to lead to confusion and uncertainty he shall receive and file it and shall record it in an appropriate book of records in his office." Mr. Winston V. Legg, Jr. Page 3 It would appear that this section was not intended as an absolute prohibition against naming a hospital in honor of or as a memorial to any person, but was intended to elimi- nate the confusion and uncertainty which would result from a name identical or similar to any person or other corporation. It is the opinion of this office that the hospital may be named in honor of Dr. Belue, provided his name is used in a way which clearly distinguishes between the institution and the individual and does not in any way suggest any proprietorship by Dr. Belue or any connection between the hospital and the physician other than it being named in his honor, The names proposed in your Questions 1 and 2 do not appear to sufficiently distinguish between the individual physician and the hospital and, therefore, those questions must be answered in the negative. Question 3 is answered in the affirmative, provided the change meets the conditions described above. If our office can be of further assistance, please do not hesi- tate to call on us. Sincerely, CHARLES A. GRADDICK ATTORN G NERAL A/ By; P c:4 G. K DRI K ASSISTANT ATTORNEY GENERAL LGK:ln