Bill Text: NY S03810 | 2013-2014 | General Assembly | Amended
Bill Title: Establishes the profession of geology; defines the profession of geology; establishes requirements for a license as a licensed geologist; regulates the practice of such profession; authorizes geologists to engage in professional business enterprises with engineers, land surveyors, architects and landscape architects.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-11-21 - APPROVAL MEMO.10 [S03810 Detail]
Download: New_York-2013-S03810-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3810--D
2013-2014 Regular Sessions
I N S E N A T E
February 21, 2013
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Higher Education --
reported favorably from said committee and committed to the Committee
on Finance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- recommitted to the Committee on Higher Education in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- reported favorably from said committee and committed to the
Committee on Finance -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, the business corporation law, the
limited liability company law and the partnership law, in relation to
providing for the licensing of the profession of geology; and to
repeal section 12 of chapter 550 of the laws of 2011, amending the
business corporation law and the education law relating to design
professional service corporations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The article heading of article 145 of the education law,
2 as added by chapter 987 of the laws of 1971, is amended to read as
3 follows:
4 ENGINEERING [AND], LAND SURVEYING
5 AND GEOLOGY
6 S 2. Section 7200 of the education law, as added by chapter 987 of the
7 laws of 1971, is amended to read as follows:
8 S 7200. Introduction. This article applies to the professions of
9 engineering [and], land surveying AND GEOLOGY. The general provisions
10 for all professions contained in article one hundred thirty of this
11 title apply to this article.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08800-10-4
S. 3810--D 2
1 S 3. The education law is amended by adding three new sections 7204-a,
2 7204-b and 7206-b to read as follows:
3 S 7204-A. DEFINITION OF THE PROFESSION OF GEOLOGY. THE PRACTICE OF THE
4 PROFESSION OF GEOLOGY IS DEFINED AS PERFORMING PROFESSIONAL SERVICE SUCH
5 AS RESEARCHING, INVESTIGATING, CONSULTING AND GEOLOGICAL MAPPING,
6 DESCRIBING THE NATURAL PROCESSES THAT ACT UPON THE EARTH'S MATERIALS,
7 PREDICTING THE PROBABLE OCCURRENCE OF NATURAL RESOURCES, PREDICTING AND
8 LOCATING NATURAL OR HUMAN-INDUCED PHENOMENA WHICH MAY BE USEFUL OR
9 HAZARDOUS TO HUMANKIND AND RECOGNIZING, DETERMINING AND EVALUATING
10 GEOLOGICAL FACTORS, AND THE INSPECTION AND PERFORMANCE OF GEOLOGICAL
11 WORK AND THE RESPONSIBLE SUPERVISION THEREOF IN FURTHERANCE OF THE
12 HEALTH, SAFETY AND WELFARE OF THE PUBLIC; PROVIDED, HOWEVER, THAT
13 GEOLOGICAL MAPPING SHALL NOT INCLUDE THE PRACTICE OF LAND SURVEYING AS
14 DEFINED IN SECTION SEVENTY-TWO HUNDRED THREE OF THIS ARTICLE.
15 S 7204-B. PRACTICE OF GEOLOGY AND THE USE OF TITLE "PROFESSIONAL GEOL-
16 OGIST". ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTI-
17 CLE SHALL PRACTICE GEOLOGY OR USE THE TITLE "PROFESSIONAL GEOLOGIST".
18 S 7206-B. REQUIREMENTS FOR A LICENSE AS A PROFESSIONAL GEOLOGIST. 1.
19 TO QUALIFY FOR A LICENSE AS A PROFESSIONAL GEOLOGIST, AN APPLICANT SHALL
20 FULFILL THE FOLLOWING REQUIREMENTS:
21 (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
22 (B) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
23 HIGHER DEGREE IN GEOLOGICAL SCIENCES, IN ACCORDANCE WITH THE COMMISSION-
24 ER'S REGULATIONS;
25 (C) EXPERIENCE: HAVE AT LEAST FIVE YEARS PRACTICAL EXPERIENCE SATIS-
26 FACTORY TO THE BOARD IN APPROPRIATE GEOLOGICAL WORK; UP TO ONE YEAR OF
27 EXPERIENCE MAY BE CREDITED FOR AN ADVANCED DEGREE (MASTERS, DOCTORATE OR
28 AN EQUIVALENT THEREOF) IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
29 LATIONS;
30 (D) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
31 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
32 (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
33 (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
34 MENT; AND
35 (G) FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS TO THE DEPARTMENT
36 FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
37 LICENSE, AND A FEE OF TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL REGIS-
38 TRATION PERIOD.
39 2. IN LIEU OF THE DEGREE AND EXPERIENCE REQUIREMENTS SPECIFIED IN
40 PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF THIS SECTION, TWELVE YEARS
41 OF PRACTICAL EXPERIENCE IN GEOLOGICAL WORK OF A GRADE AND CHARACTER
42 SATISFACTORY TO THE BOARD MAY BE ACCEPTED BY THE DEPARTMENT.
43 3. FOR AN IDENTIFICATION CARD AS AN "INTERN GEOLOGIST", AN APPLICANT
44 SHALL FULFILL THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION,
45 EXCEPT THOSE IN PARAGRAPHS (C) AND (E) OF SUCH SUBDIVISION, PROVIDED
46 THAT ADMISSION TO THE EXAMINATION MAY BE GIVEN WHEN THE APPLICANT IS
47 WITHIN TWENTY CREDITS OF THE COMPLETION OF THE REQUIREMENTS OF THE BACH-
48 ELOR'S DEGREE OR HIGHER AS PRESCRIBED IN PARAGRAPH (B) OF SUBDIVISION
49 ONE OF THIS SECTION, OR HAS COMPLETED THE PRACTICAL EXPERIENCE REQUIRE-
50 MENT OF SUBDIVISION TWO OF THIS SECTION. THE FEE FOR THE EXAMINATION AND
51 IDENTIFICATION CARD AS AN "INTERN GEOLOGIST" SHALL BE SEVENTY DOLLARS
52 AND THE FEE FOR EACH REEXAMINATION SHALL BE SEVENTY DOLLARS.
53 4. AN APPLICANT WHO APPLIES FOR LICENSURE WITHIN ONE YEAR AFTER THE
54 EFFECTIVE DATE OF THIS SECTION SHALL BE QUALIFIED FOR A LICENSE AS A
55 PROFESSIONAL GEOLOGIST WITHOUT A WRITTEN EXAMINATION IF THE APPLICANT
56 HAS SATISFIED THE REQUIREMENTS OF EDUCATION AND DEGREE DESCRIBED IN
S. 3810--D 3
1 PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OR SUBDIVISION TWO OF THIS
2 SECTION NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
3 S 4. Section 7205 of the education law, as amended by chapter 521 of
4 the laws of 1998, is amended to read as follows:
5 S 7205. State board for engineering [and], land surveying AND GEOLOGY.
6 A state board for engineering [and], land surveying AND GEOLOGY shall be
7 appointed by the board of regents on recommendation of the commissioner
8 for the purpose of assisting the board of regents and the department on
9 matters of professional licensing and professional conduct in accordance
10 with section sixty-five hundred eight of this title. The board shall be
11 composed of not less than seven professional engineers [and], not less
12 than two land surveyors AND NOT LESS THAN TWO PROFESSIONAL GEOLOGISTS
13 licensed in this state. An executive secretary to the board shall be
14 appointed by the board of regents on recommendation of the commissioner
15 and shall be a professional engineer [or], land surveyor OR PROFESSIONAL
16 GEOLOGIST licensed in this state.
17 S 5. Subdivision 2 of section 7207 of the education law, as added by
18 chapter 987 of the laws of 1971, is amended to read as follows:
19 2. A limited permit to practice as a professional engineer [or], land
20 surveyor OR PROFESSIONAL GEOLOGIST in this state may be issued by the
21 department to a person not a resident in this state and having no estab-
22 lished place of practice in this state, when such practice does not
23 aggregate more than thirty days in any calendar year, provided that such
24 person is legally qualified to practice in his own state or country. The
25 limited permit authorizing such right to practice in this state shall
26 specify the dates within the calendar year when such right may be exer-
27 cised.
28 S 6. Subdivision 3 of section 7207 of the education law is renumbered
29 subdivision 4 and a new subdivision 3 is added to read as follows:
30 3. ON RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A LIMITED
31 PERMIT TO PRACTICE GEOLOGY TO A GEOLOGIST NOT A RESIDENT OF THIS STATE
32 AND HAVING NO ESTABLISHED PLACE OF PRACTICE IN THIS STATE WHO IS LEGALLY
33 QUALIFIED TO PRACTICE AS SUCH IN HIS OR HER OWN COUNTRY OR STATE WITH
34 STANDARDS EQUIVALENT TO THOSE ENUMERATED IN THIS ARTICLE AND WHO SUBMITS
35 EVIDENCE SATISFACTORY TO THE BOARD ESTABLISHED AND RECOGNIZED PROFES-
36 SIONAL STANDING IN HIS OR HER OWN COUNTRY OR STATE AND WHO SUBMITS
37 SATISFACTORY CERTIFICATION AS TO CHARACTER AND QUALIFICATIONS FROM AT
38 LEAST TWO PROFESSIONAL GEOLOGISTS, ONE OF WHOM SHALL BE A RESIDENT OF
39 THIS STATE. SUCH LIMITED PERMIT SHALL BE ISSUED SOLELY IN CONNECTION
40 WITH THE SPECIFIC PROJECT FOR WHICH SUCH LIMITED PERMIT IS GRANTED.
41 S 7. The section heading of section 7208 of the education law, as
42 added by chapter 987 of the laws of 1971, is amended to read as follows:
43 Exempt persons FOR THE PROFESSIONS OF ENGINEERING AND LAND SURVEYING.
44 S 8. The education law is amended by adding a new section 7208-a to
45 read as follows:
46 S 7208-A. EXEMPT PERSONS IN OR RELATED TO THE PROFESSION OF GEOLOGY.
47 NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AFFECT OR PREVENT:
48 1. THE EMPLOYMENT AND SUPERVISION OF INTERNS AND OTHER PERSONS QUALI-
49 FIED BY EDUCATION OR EXPERIENCE BY PROFESSIONAL GEOLOGISTS AS ASSISTANTS
50 IN THE PERFORMANCE OF GEOLOGICAL SERVICES, OR AS CONSULTANTS OR EMPLOY-
51 EES IN SPECIAL FIELDS RELATED TO BUT NOT UNIQUELY GEOLOGY, PROVIDED THAT
52 THE PROFESSIONAL GEOLOGIST EMPLOYING OR SUPERVISING SUCH PERSONS SHALL
53 NOT BE RELIEVED OF ANY RESPONSIBILITY WHATSOEVER BY DELEGATION TO SUCH
54 PERSONS.
55 2. THE PRACTICE OF PROFESSIONAL ENGINEERING BY A PROFESSIONAL ENGINEER
56 LICENSED PURSUANT TO THIS ARTICLE TO PRACTICE ENGINEERING IN THIS STATE
S. 3810--D 4
1 OR AN ENTITY AUTHORIZED PURSUANT TO SECTION SEVENTY-TWO HUNDRED TEN OF
2 THIS ARTICLE TO PROVIDE ENGINEERING IN THIS STATE, INCLUDING THE INVES-
3 TIGATION, ACQUISITION, EVALUATION, AND INTERPRETATION OF THE PHYSICAL
4 AND CHEMICAL PROPERTIES OF THE SOIL, ROCK, GROUNDWATER, EARTH MATERIALS
5 AND DATA RELATED THERETO, AND THE PERFORMANCE OF ACTIVITIES AS SPECIFIED
6 IN SECTION SEVENTY-TWO HUNDRED FOUR-A OF THIS ARTICLE, PROVIDED THAT NO
7 SUCH PERSON SHALL USE THE DESIGNATION, OR HOLD HIMSELF OR HERSELF OUT AS
8 A "PROFESSIONAL GEOLOGIST," UNLESS LICENSED AS SUCH IN THIS STATE, AND
9 PROVIDED FURTHER THAT NOTHING IN THIS CHAPTER SHALL PRECLUDE A LICENSED
10 PROFESSIONAL ENGINEER OR AUTHORIZED ENTITY FROM OFFERING TO PROVIDE OR
11 PROVIDING THE WORK ENUMERATED IN THIS SUBDIVISION, HOWEVER CATEGORIZED,
12 ON THE GROUNDS THAT SUCH LICENSED PROFESSIONAL ENGINEER OR AUTHORIZED
13 ENTITY IS NOT LICENSED TO PRACTICE GEOLOGY.
14 3. THE PRACTICE OF LAND SURVEYING BY ANY PERSON THAT IS LICENSED OR
15 OTHERWISE AUTHORIZED TO PRACTICE LAND SURVEYING IN THIS STATE, PROVIDED
16 THAT NO SUCH PERSON SHALL USE THE DESIGNATION OR HOLD HIMSELF OR HERSELF
17 OUT AS A "PROFESSIONAL GEOLOGIST" UNLESS LICENSED AS SUCH IN THIS STATE.
18 4. THE EXECUTION OF WORK BY CONTRACTORS OR BY OTHERS OF WORK PREPARED
19 BY A PROFESSIONAL GEOLOGIST, OR THE SUPERINTENDENCE OF SUCH WORK AS A
20 SUPERINTENDENT, FOREMAN OR INSPECTOR.
21 5. THE PRACTICE OF THE PROFESSION OF GEOLOGY BY OFFICERS AND EMPLOY-
22 EES OF THIS STATE PRACTICING SOLELY AS OFFICERS AND EMPLOYEES; PROVIDED,
23 HOWEVER, THAT THIS EXEMPTION SHALL NOT APPLY TO OFFICERS AND EMPLOYEES
24 OF THE STATE OF NEW YORK WHO COMMENCE EMPLOYMENT OR THE PERFORMANCE OF
25 WORK RELATED ACTIVITIES AFTER THE EFFECTIVE DATE OF THIS SECTION.
26 6. THE EXECUTION OF GEOLOGICAL RESEARCH AND/OR TEACHING CONDUCTED AT
27 ACCREDITED EDUCATIONAL INSTITUTIONS AND NOT-FOR-PROFIT RESEARCH INSTI-
28 TUTIONS, CONDUCTED SOLELY THROUGH THOSE INSTITUTIONS.
29 7. WORK CUSTOMARILY PERFORMED BY PHYSICAL OR NATURAL SCIENTISTS
30 PROVIDED SUCH WORK DOES NOT INCLUDE GEOLOGICAL INVESTIGATIONS, BEING IN
31 RESPONSIBLE CHARGE OF GEOLOGICAL WORK, OR THE DRAWING OF GEOLOGICAL
32 CONCLUSIONS AND RECOMMENDATIONS.
33 8. WORK CUSTOMARILY PERFORMED BY WATER WELL DRILLERS WHO HAVE RECEIVED
34 A CERTIFICATE OF REGISTRATION PURSUANT TO SECTION 15-1525 OF THE ENVI-
35 RONMENTAL CONSERVATION LAW.
36 S 9. Subdivisions 1, 2 and 4 of section 7209 of the education law,
37 subdivisions 1 and 2 as added by chapter 987 of the laws of 1971, the
38 opening paragraph of subdivision 1 as amended by chapter 994 of the laws
39 of 1971 and subdivision 4 as amended by chapter 550 of the laws of 2011,
40 are amended to read as follows:
41 1. Every professional engineer [and every], land surveyor AND PROFES-
42 SIONAL GEOLOGIST shall have a seal, approved by the board, which shall
43 contain the name of the professional engineer and the words "Licensed
44 Professional Engineer" [or], the name of the land surveyor and the words
45 "Licensed Land Surveyor" OR THE NAME OF THE PROFESSIONAL GEOLOGIST AND
46 THE WORDS "LICENSED PROFESSIONAL GEOLOGIST", and such other words or
47 figures as the board may deem necessary. All plans, specifications,
48 plats and reports relating to the construction or alteration of build-
49 ings or structures, OR GEOLOGIC DRAWINGS AND REPORTS prepared by such
50 professional engineer [and], all plans, specifications, plats and
51 reports prepared by such land surveyor AND ALL GEOLOGIC DRAWINGS AND
52 REPORTS PREPARED BY SUCH PROFESSIONAL GEOLOGIST or by a full-time or
53 part-time subordinate under his OR HER supervision, shall be stamped
54 with such seal and shall also be signed, on the original with the
55 personal signature of such professional engineer [or], land surveyor OR
56 PROFESSIONAL GEOLOGIST when filed with public officials. No official of
S. 3810--D 5
1 this state, or of any city, county, town or village therein, charged
2 with the enforcement of laws, ordinances or regulations shall accept or
3 approve any plans [or], specifications, OR GEOLOGIC DRAWINGS OR REPORTS
4 that are not stamped:
5 a. With the seal of an architect or professional engineer or land
6 surveyor OR PROFESSIONAL GEOLOGIST licensed in this state and bearing
7 the authorized facsimile of the signature of such architect or profes-
8 sional engineer or land surveyor OR PROFESSIONAL GEOLOGIST, or
9 b. With the official seal and authorized facsimile of the signature of
10 a professional engineer or land surveyor OR PROFESSIONAL GEOLOGIST not a
11 resident of this state and having no established business in this state,
12 but who is legally qualified to practice as such in his OR HER own state
13 or country, provided that such person may lawfully practice as such in
14 this state, and provided further that the plans [or], specifications, OR
15 GEOLOGIC DRAWINGS OR REPORTS are accompanied by and have attached there-
16 to written authorization issued by the department certifying to such
17 right to practice at such time.
18 2. A. To all plans, specifications, plats and reports to which the
19 seal of a professional engineer or land surveyor has been applied, there
20 shall also be applied a stamp with appropriate wording warning that it
21 is a violation of this [law] ARTICLE for any person, unless he OR SHE is
22 acting under the direction of a licensed professional engineer or land
23 surveyor, to alter an item in any way. If an item bearing the seal of an
24 engineer or land surveyor is altered, the altering engineer or land
25 surveyor shall affix to the item his OR HER seal and the notation
26 "altered by" followed by his OR HER signature and the date of such
27 alteration, and a specific description of the alteration.
28 B. TO ALL GEOLOGIC DRAWINGS AND REPORTS TO WHICH THE SEAL OF A PROFES-
29 SIONAL GEOLOGIST OR PROFESSIONAL ENGINEER HAS BEEN APPLIED, THERE SHALL
30 ALSO BE APPLIED A STAMP WITH APPROPRIATE WORDING WARNING THAT IT IS A
31 VIOLATION OF THIS ARTICLE FOR ANY PERSON, UNLESS HE OR SHE IS ACTING
32 UNDER THE DIRECTION OF A PROFESSIONAL GEOLOGIST OR PROFESSIONAL ENGI-
33 NEER, TO ALTER A DRAWING OR REPORT IN ANY WAY. IF AN ITEM BEARING THE
34 SEAL OF A LICENSED PROFESSIONAL GEOLOGIST OR PROFESSIONAL ENGINEER IS
35 ALTERED, THE ALTERING PARTY SHALL AFFIX TO THE ITEM HIS OR HER SEAL AND
36 THE NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND THE DATE
37 OF SUCH ALTERATION, AND A SPECIFIC DESCRIPTION OF THE ALTERATION. NOTH-
38 ING CONTAINED IN THIS ARTICLE SHALL BE DEEMED TO AUTHORIZE A PROFES-
39 SIONAL GEOLOGIST TO PRACTICE PROFESSIONAL ENGINEERING UNLESS HE OR SHE
40 IS LICENSED AS A PROFESSIONAL ENGINEER PURSUANT TO THIS ARTICLE.
41 4. Engineers, land surveyors, GEOLOGISTS, architects, and landscape
42 architects may join in the formation of a joint enterprise, or a part-
43 nership or a professional service corporation or a design professional
44 service corporation or may form any desired combination of such
45 professions and may use in the name of such corporation the title of any
46 of the professions which will be practiced. After the name of each
47 member his or her profession shall be indicated.
48 S 10. Subdivision 1 of section 7210 of the education law, as amended
49 by chapter 550 of the laws of 2011, is amended to read as follows:
50 1. Domestic or foreign professional service corporations, design
51 professional service corporations, professional service limited liabil-
52 ity companies, foreign professional service limited liability companies,
53 registered limited liability partnerships, New York registered foreign
54 limited liability partnerships, partnerships and joint enterprises spec-
55 ified in subdivision four of section seventy-two hundred nine of this
56 article, provided each of the foregoing entities is authorized to
S. 3810--D 6
1 provide professional engineering [or], land surveying OR PROFESSIONAL
2 GEOLOGY services and general business corporations authorized to provide
3 professional engineering or land surveying services pursuant to subdivi-
4 sion six of section seventy-two hundred nine of this article may offer
5 to provide or provide professional engineering [or], land surveying OR
6 PROFESSIONAL GEOLOGY services only after obtaining a certificate of
7 authorization from the department. Except as otherwise authorized by
8 statute, rule or regulation, other business entities are not authorized
9 to offer or provide professional engineering [or], land surveying OR
10 PROFESSIONAL GEOLOGY services and may not obtain certificates of author-
11 ization provided that nothing contained herein shall prohibit an indi-
12 vidual who is licensed to practice professional engineering [or], land
13 surveying OR PROFESSIONAL GEOLOGY under this article from obtaining a
14 certificate of authorization upon application and payment of the appro-
15 priate fees provided for under this section.
16 S 11. Subdivision 2 of section 7307 of the education law, as amended
17 by chapter 550 of the laws of 2011, is amended to read as follows:
18 2. Engineers, land surveyors, GEOLOGISTS, architects and landscape
19 architects may join in the formation of a joint enterprise, or a part-
20 nership or a professional service corporation or a design professional
21 service corporation or may form any desired combination of such
22 professions and may use in the name of such corporation the title of any
23 of the professions which will be practiced. After the name of each
24 member his or her profession shall be indicated.
25 S 12. Subdivision 2 of section 7327 of the education law, as amended
26 by chapter 550 of the laws of 2011, is amended to read as follows:
27 2. Engineers, land surveyors, GEOLOGISTS, architects and landscape
28 architects may join in the formation of a joint enterprise, or a part-
29 nership or a professional service corporation or a design professional
30 service corporation or may form any desired combination of such
31 professions and may use in the name of such corporation the title of any
32 of the professions which will be practiced. After the name of each
33 member his or her profession shall be indicated.
34 S 13. Paragraphs (g) and (h) of section 1501 of the business corpo-
35 ration law, as added by chapter 9 of the laws of 2013, are amended to
36 read as follows:
37 (g) "Design professional service corporation" means a corporation
38 organized under this article practicing professional engineering, archi-
39 tecture, landscape architecture, GEOLOGY, or land surveying, or practic-
40 ing any combination of such professions. The provisions of this article
41 applicable to professional service corporations shall apply to design
42 professional service corporations except to the extent that any
43 provision is either inconsistent with a provision expressly applying to
44 design professional service corporations or not relevant thereto.
45 (h) "Design professional" means an individual licensed and registered
46 pursuant to title eight of the education law to practice professional
47 engineering, architecture, landscape architecture, GEOLOGY or land
48 surveying.
49 S 14. Paragraph (a) of section 1503 of the business corporation law,
50 as amended by chapter 550 of the laws of 2011, is amended to read as
51 follows:
52 (a) Notwithstanding any other provision of law, one or more individ-
53 uals duly authorized by law to render the same professional service
54 within the state may organize, or cause to be organized, a professional
55 service corporation for pecuniary profit under this article for the
56 purpose of rendering the same professional service, except that one or
S. 3810--D 7
1 more individuals duly authorized by law to practice professional engi-
2 neering, architecture, landscape architecture [or], land surveying OR
3 GEOLOGY within the state may organize, or cause to be organized, a
4 professional service corporation or a design professional service corpo-
5 ration for pecuniary profit under this article for the purpose of
6 rendering such professional services as such individuals are authorized
7 to practice.
8 S 15. The opening paragraph of paragraph (b-5) of section 1503 of the
9 business corporation law, as amended by chapter 9 of the laws of 2013,
10 is amended to read as follows:
11 On or after January first, two thousand twelve, the state education
12 department and the department of state shall allow an existing profes-
13 sional service corporation organized under this article and practicing
14 professional engineering, architecture, landscape architecture, GEOLOGY
15 or land surveying, or practicing any combination of such professions to
16 become a design professional service corporation as defined in this
17 article, provided the professional service corporation meets all of the
18 requirements to become a design professional service corporation,
19 including that its name shall end with the words "design professional
20 corporation" or the abbreviation "D.P.C.", by amending its certificate
21 of incorporation so that it contains the following statements:
22 S 16. Paragraph (b) of section 1504 of the business corporation law,
23 as amended by chapter 550 of the laws of 2011, is amended to read as
24 follows:
25 (b) Each final plan and report made or issued by a corporation prac-
26 ticing one or more of the professions of professional engineering,
27 architecture, landscape architecture [or], land surveying OR GEOLOGY
28 shall bear the name and seal of one or more professional engineers,
29 architects, landscape architects, [or] land surveyors OR PROFESSIONAL
30 GEOLOGISTS, respectively, who are in responsible charge of such plan or
31 report.
32 S 17. Section 12 of chapter 550 of the laws of 2011, amending the
33 business corporation law and the education law relating to design
34 professional service corporations, is REPEALED.
35 S 18. Section 1516 of the business corporation law, as amended by
36 chapter 564 of the laws of 2011, is amended to read as follows:
37 S 1516. Corporate mergers, consolidations and other reorganizations.
38 (a) Notwithstanding any inconsistent provision of this article, AND
39 SUBJECT TO THE LIMITATIONS IN PARAGRAPH (D) OF THIS SECTION, a profes-
40 sional service corporation, INCLUDING A DESIGN PROFESSIONAL SERVICE
41 CORPORATION, pursuant to the provisions of article nine of this chapter,
42 may be merged or consolidated with another corporation formed pursuant
43 to the provisions of this chapter [or], with a corporation authorized
44 and registered to practice the same profession pursuant to the applica-
45 ble provisions of subdivision six of section seventy-two hundred nine of
46 the education law (engineer or land surveyor) [or], subdivision four of
47 section seventy-three hundred seven of the education law (architect) OR
48 SUBDIVISION FOUR OF SECTION SEVENTY-THREE HUNDRED TWENTY-SEVEN OF THE
49 EDUCATION LAW (LANDSCAPE ARCHITECT) of [article] ARTICLES one hundred
50 forty-five, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT of the
51 education law, or with a foreign corporation, or other business entity
52 practicing the same profession or professions in this state or the state
53 of its formation, or may be otherwise reorganized, provided that the
54 corporation which survives or which is formed pursuant thereto is a
55 professional service corporation, A DESIGN PROFESSIONAL SERVICE CORPO-
56 RATION, a professional service limited liability company or a foreign
S. 3810--D 8
1 professional service corporation practicing the same profession or
2 professions in this state or the state of incorporation or, if one of
3 the original corporations is authorized to practice pursuant to the
4 provisions of either subdivision six of section seventy-two hundred nine
5 [or], subdivision four of section seventy-three hundred seven OR SUBDI-
6 VISION FOUR OF SECTION SEVENTY-THREE HUNDRED TWENTY-FOUR OF THE EDUCA-
7 TION LAW, a corporation authorized and registered to practice the same
8 profession pursuant to the applicable provisions of subdivision six of
9 section seventy-two hundred nine of the education law (engineer or land
10 surveyor) [or], subdivision four of section seventy-three hundred seven
11 of the education law (architect) of [article] ARTICLES one hundred
12 forty-five, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OR
13 SUBDIVISION FOUR OF SECTION SEVENTY-THREE HUNDRED TWENTY-SEVEN of the
14 education law.
15 (b) If the surviving business entity is a professional corporation,
16 the restrictions on the issuance, transfer or sale of shares of a
17 professional service corporation OR A DESIGN PROFESSIONAL SERVICE CORPO-
18 RATION shall be suspended for a period not exceeding thirty days with
19 respect to any issuance, transfer or sale of shares made pursuant to
20 such merger, consolidation or reorganization, provided that: (i) no
21 person who would not be eligible to be a shareholder in the absence of
22 this section shall vote the shares of or receive any distribution from
23 such corporation; (ii) after such merger, consolidation or reorganiza-
24 tion, any professional service corporation OR A DESIGN PROFESSIONAL
25 SERVICE CORPORATION which survives or which is created thereby shall be
26 subject to all of the provisions of this article; and (iii) shares ther-
27 eafter only may be held by persons who are eligible to receive shares of
28 such professional service corporation, DESIGN PROFESSIONAL SERVICE
29 CORPORATION or such other corporation authorized and registered to prac-
30 tice the same profession pursuant to the applicable provisions of subdi-
31 vision six of section seventy-two hundred nine of the education law
32 (engineer or land surveyor) [or], subdivision four of section seventy-
33 three hundred seven of the education law (architect) OR SUBDIVISION FOUR
34 OF SECTION SEVENTY-THREE HUNDRED TWENTY-SEVEN OF THE EDUCATION LAW
35 (LANDSCAPE ARCHITECT) of [article] ARTICLES one hundred forty-five, ONE
36 HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT of the education law,
37 which survives. Nothing herein contained shall be construed as permit-
38 ting the practice of a profession in this state by a corporation which
39 is not incorporated pursuant to the provisions of this article or
40 authorized to do business in this state pursuant to the provisions of
41 article fifteen-A of this chapter, AUTHORIZED PURSUANT TO SUBDIVISION
42 SIX OF SECTION SEVENTY-TWO HUNDRED NINE OF THE EDUCATION LAW, AUTHORIZED
43 PURSUANT TO SUBDIVISION FOUR OF SECTION SEVENTY-THREE HUNDRED SEVEN OF
44 THE EDUCATION LAW, AUTHORIZED PURSUANT TO SUBDIVISION FOUR OF SECTION
45 SEVENTY-THREE HUNDRED TWENTY-SEVEN OF THE EDUCATION LAW or authorized
46 and registered to practice a profession pursuant to the applicable
47 provisions of article one hundred forty-five, ONE HUNDRED FORTY-SEVEN OR
48 ONE HUNDRED FORTY-EIGHT of the education law. For the purposes of this
49 section, other reorganizations shall be limited to those reorganizations
50 defined in paragraph one of subsection (a) of section three hundred
51 sixty-eight of the internal revenue code.
52 (c) If the surviving business entity is a professional service limited
53 liability company, the restrictions on the issuance, transfer or sale of
54 membership interests of a professional service limited liability company
55 other than the requirements of the first two sentences of subdivision
56 (c) of section twelve hundred eleven of the limited liability company
S. 3810--D 9
1 law, shall be suspended for a period not exceeding thirty days with
2 respect to any issuance, transfer or sale of membership interests made
3 pursuant to such merger or consolidation, provided that: (i) no person
4 or business entity who would not be eligible to be a member in the
5 absence of this section shall vote or receive any distribution from such
6 limited liability company; (ii) after such merger or consolidation, any
7 professional service limited liability company that survives or that is
8 created thereby shall be subject to all the provisions of the limited
9 liability company law; and (iii) membership interests thereafter may be
10 held only by persons or business entities who are eligible to be a
11 member of such professional service limited liability company. Nothing
12 herein contained shall be construed as permitting the practice of a
13 profession in this state by a limited liability company that is not
14 formed pursuant to the provisions of the limited liability company law
15 or authorized to do business in the state pursuant to the provisions of
16 article thirteen of the limited liability company law.
17 (D) NOTWITHSTANDING THE PROVISIONS CONTAINED IN PARAGRAPHS (A), (B)
18 AND (C) OF THIS SECTION, NO DESIGN PROFESSIONAL SERVICE CORPORATION
19 SHALL BE MERGED OR CONSOLIDATED WITH ANY ENTITY UNLESS SUCH ENTITY IS A
20 PROFESSIONAL BUSINESS ORGANIZATION LAWFULLY ORGANIZED TO PROVIDE PROFES-
21 SIONAL SERVICES PURSUANT TO ARTICLES ONE HUNDRED FORTY-FIVE, ONE HUNDRED
22 FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW.
23 S 19. Paragraph (b) of section 1526 of the business corporation law,
24 as added by chapter 505 of the laws of 1983, is amended to read as
25 follows:
26 (b) Each final plan, DRAWING and report made or issued by a foreign
27 professional service corporation practicing professional engineering,
28 architecture, landscape architecture, GEOLOGY or land surveying shall
29 bear the name and seal of one or more professional engineers, archi-
30 tects, landscape architects, PROFESSIONAL GEOLOGISTS or land surveyors,
31 respectively, who are in responsible charge of such plan or report.
32 S 20. Section 1529 of the business corporation law, as amended by
33 chapter 576 of the laws of 1994, is amended to read as follows:
34 S 1529. Business corporation law applicable.
35 Except for the provisions of sections thirteen hundred three, thirteen
36 hundred four, thirteen hundred sixteen, thirteen hundred seventeen and
37 thirteen hundred twenty, this chapter shall be applicable to a foreign
38 professional service corporation to the extent that the provisions ther-
39 eof are not in conflict with the provisions of this article. A foreign
40 professional service corporation may practice in this state, or may
41 consolidate or merge with another corporation, or may be a member of a
42 professional service limited liability company, a foreign professional
43 service limited liability company, a registered limited liability part-
44 nership or foreign limited liability partnership, only if all of the
45 professions practiced by such corporations, limited liability companies
46 or limited liability partnerships could be practiced by a single profes-
47 sional service corporation organized in this state; and, further, only
48 if such foreign professional service corporation is domiciled in a state
49 or territory of the United States the laws of which, at the time of
50 application by such corporation under section fifteen hundred thirty of
51 this article, contain a reciprocal provision under which professional
52 service corporations domiciled in this state may similarly apply for the
53 privilege of doing business in any such state or territory; provided
54 further however, that nothing herein shall authorize a foreign profes-
55 sional service corporation practicing professional engineering, land
56 surveying, GEOLOGY, architecture and/or landscape architecture to be a
S. 3810--D 10
1 member or partner of a professional service limited liability company, a
2 foreign professional service limited liability company, a registered
3 limited liability partnership or a foreign limited liability partnership
4 unless all of the shareholders, directors and officers of such foreign
5 professional service corporation are licensed to practice one or more of
6 such professions in this state.
7 S 21. Subdivision (a) of section 1203 of the limited liability company
8 law, as amended by chapter 554 of the laws of 2013, is amended to read
9 as follows:
10 (a) Notwithstanding the education law or any other provision of law,
11 one or more professionals each of whom is authorized by law to render a
12 professional service within the state, or one or more professionals, at
13 least one of whom is authorized by law to render a professional service
14 within the state, may form, or cause to be formed, a professional
15 service limited liability company for pecuniary profit under this arti-
16 cle for the purpose of rendering the professional service or services as
17 such professionals are authorized to practice. With respect to a profes-
18 sional service limited liability company formed to provide medical
19 services as such services are defined in article 131 of the education
20 law, each member of such limited liability company must be licensed
21 pursuant to article 131 of the education law to practice medicine in
22 this state. With respect to a professional service limited liability
23 company formed to provide dental services as such services are defined
24 in article 133 of the education law, each member of such limited liabil-
25 ity company must be licensed pursuant to article 133 of the education
26 law to practice dentistry in this state. With respect to a professional
27 service limited liability company formed to provide veterinary services
28 as such services are defined in article 135 of the education law, each
29 member of such limited liability company must be licensed pursuant to
30 article 135 of the education law to practice veterinary medicine in this
31 state. With respect to a professional service limited liability company
32 formed to provide professional engineering, land surveying, architec-
33 tural [and/or], landscape architectural AND/OR GEOLOGICAL services as
34 such services are defined in article 145, article 147 and article 148 of
35 the education law, each member of such limited liability company must be
36 licensed pursuant to article 145, article 147 and/or article 148 of the
37 education law to practice one or more of such professions in this state.
38 With respect to a professional service limited liability company formed
39 to provide licensed clinical social work services as such services are
40 defined in article 154 of the education law, each member of such limited
41 liability company shall be licensed pursuant to article 154 of the
42 education law to practice licensed clinical social work in this state.
43 With respect to a professional service limited liability company formed
44 to provide creative arts therapy services as such services are defined
45 in article 163 of the education law, each member of such limited liabil-
46 ity company must be licensed pursuant to article 163 of the education
47 law to practice creative arts therapy in this state. With respect to a
48 professional service limited liability company formed to provide
49 marriage and family therapy services as such services are defined in
50 article 163 of the education law, each member of such limited liability
51 company must be licensed pursuant to article 163 of the education law to
52 practice marriage and family therapy in this state. With respect to a
53 professional service limited liability company formed to provide mental
54 health counseling services as such services are defined in article 163
55 of the education law, each member of such limited liability company must
56 be licensed pursuant to article 163 of the education law to practice
S. 3810--D 11
1 mental health counseling in this state. With respect to a professional
2 service limited liability company formed to provide psychoanalysis
3 services as such services are defined in article 163 of the education
4 law, each member of such limited liability company must be licensed
5 pursuant to article 163 of the education law to practice psychoanalysis
6 in this state. With respect to a professional service limited liability
7 company formed to provide applied behavior analysis services as such
8 services are defined in article 167 of the education law, each member of
9 such limited liability company must be licensed or certified pursuant to
10 article 167 of the education law to practice applied behavior analysis
11 in this state. In addition to engaging in such profession or
12 professions, a professional service limited liability company may engage
13 in any other business or activities as to which a limited liability
14 company may be formed under section two hundred one of this chapter.
15 Notwithstanding any other provision of this section, a professional
16 service limited liability company (i) authorized to practice law may
17 only engage in another profession or business or activities or (ii)
18 which is engaged in a profession or other business or activities other
19 than law may only engage in the practice of law, to the extent not
20 prohibited by any other law of this state or any rule adopted by the
21 appropriate appellate division of the supreme court or the court of
22 appeals.
23 S 22. Subdivision (b) of section 1207 of the limited liability company
24 law, as amended by chapter 554 of the laws of 2013, is amended to read
25 as follows:
26 (b) With respect to a professional service limited liability company
27 formed to provide medical services as such services are defined in arti-
28 cle 131 of the education law, each member of such limited liability
29 company must be licensed pursuant to article 131 of the education law to
30 practice medicine in this state. With respect to a professional service
31 limited liability company formed to provide dental services as such
32 services are defined in article 133 of the education law, each member of
33 such limited liability company must be licensed pursuant to article 133
34 of the education law to practice dentistry in this state. With respect
35 to a professional service limited liability company formed to provide
36 veterinary services as such services are defined in article 135 of the
37 education law, each member of such limited liability company must be
38 licensed pursuant to article 135 of the education law to practice veter-
39 inary medicine in this state. With respect to a professional service
40 limited liability company formed to provide professional engineering,
41 land surveying, architectural [and/or], landscape architectural AND/OR
42 GEOLOGICAL services as such services are defined in article 145, article
43 147 and article 148 of the education law, each member of such limited
44 liability company must be licensed pursuant to article 145, article 147
45 and/or article 148 of the education law to practice one or more of such
46 professions in this state. With respect to a professional service limit-
47 ed liability company formed to provide licensed clinical social work
48 services as such services are defined in article 154 of the education
49 law, each member of such limited liability company shall be licensed
50 pursuant to article 154 of the education law to practice licensed clin-
51 ical social work in this state. With respect to a professional service
52 limited liability company formed to provide creative arts therapy
53 services as such services are defined in article 163 of the education
54 law, each member of such limited liability company must be licensed
55 pursuant to article 163 of the education law to practice creative arts
56 therapy in this state. With respect to a professional service limited
S. 3810--D 12
1 liability company formed to provide marriage and family therapy services
2 as such services are defined in article 163 of the education law, each
3 member of such limited liability company must be licensed pursuant to
4 article 163 of the education law to practice marriage and family therapy
5 in this state. With respect to a professional service limited liability
6 company formed to provide mental health counseling services as such
7 services are defined in article 163 of the education law, each member of
8 such limited liability company must be licensed pursuant to article 163
9 of the education law to practice mental health counseling in this state.
10 With respect to a professional service limited liability company formed
11 to provide psychoanalysis services as such services are defined in arti-
12 cle 163 of the education law, each member of such limited liability
13 company must be licensed pursuant to article 163 of the education law to
14 practice psychoanalysis in this state. With respect to a professional
15 service limited liability company formed to provide applied behavior
16 analysis services as such services are defined in article 167 of the
17 education law, each member of such limited liability company must be
18 licensed or certified pursuant to article 167 of the education law to
19 practice applied behavior analysis in this state.
20 S 23. Subdivisions (a) and (f) of section 1301 of the limited liabil-
21 ity company law, subdivision (a) as amended by chapter 554 of the laws
22 of 2013 and subdivision (f) as amended by chapter 170 of the laws of
23 1996, are amended to read as follows:
24 (a) "Foreign professional service limited liability company" means a
25 professional service limited liability company, whether or not denomi-
26 nated as such, organized under the laws of a jurisdiction other than
27 this state, (i) each of whose members and managers, if any, is a profes-
28 sional authorized by law to render a professional service within this
29 state and who is or has been engaged in the practice of such profession
30 in such professional service limited liability company or a predecessor
31 entity, or will engage in the practice of such profession in the profes-
32 sional service limited liability company within thirty days of the date
33 such professional becomes a member, or each of whose members and manag-
34 ers, if any, is a professional at least one of such members is author-
35 ized by law to render a professional service within this state and who
36 is or has been engaged in the practice of such profession in such
37 professional service limited liability company or a predecessor entity,
38 or will engage in the practice of such profession in the professional
39 service limited liability company within thirty days of the date such
40 professional becomes a member, or (ii) authorized by, or holding a
41 license, certificate, registration or permit issued by the licensing
42 authority pursuant to, the education law to render a professional
43 service within this state; except that all members and managers, if any,
44 of a foreign professional service limited liability company that
45 provides health services in this state shall be licensed in this state.
46 With respect to a foreign professional service limited liability company
47 which provides veterinary services as such services are defined in arti-
48 cle 135 of the education law, each member of such foreign professional
49 service limited liability company shall be licensed pursuant to article
50 135 of the education law to practice veterinary medicine. With respect
51 to a foreign professional service limited liability company which
52 provides medical services as such services are defined in article 131 of
53 the education law, each member of such foreign professional service
54 limited liability company must be licensed pursuant to article 131 of
55 the education law to practice medicine in this state. With respect to a
56 foreign professional service limited liability company which provides
S. 3810--D 13
1 dental services as such services are defined in article 133 of the
2 education law, each member of such foreign professional service limited
3 liability company must be licensed pursuant to article 133 of the educa-
4 tion law to practice dentistry in this state. With respect to a foreign
5 professional service limited liability company which provides profes-
6 sional engineering, land surveying, GEOLOGIC, architectural and/or land-
7 scape architectural services as such services are defined in article
8 145, article 147 and article 148 of the education law, each member of
9 such foreign professional service limited liability company must be
10 licensed pursuant to article 145, article 147 and/or article 148 of the
11 education law to practice one or more of such professions in this state.
12 With respect to a foreign professional service limited liability company
13 which provides licensed clinical social work services as such services
14 are defined in article 154 of the education law, each member of such
15 foreign professional service limited liability company shall be licensed
16 pursuant to article 154 of the education law to practice clinical social
17 work in this state. With respect to a foreign professional service
18 limited liability company which provides creative arts therapy services
19 as such services are defined in article 163 of the education law, each
20 member of such foreign professional service limited liability company
21 must be licensed pursuant to article 163 of the education law to prac-
22 tice creative arts therapy in this state. With respect to a foreign
23 professional service limited liability company which provides marriage
24 and family therapy services as such services are defined in article 163
25 of the education law, each member of such foreign professional service
26 limited liability company must be licensed pursuant to article 163 of
27 the education law to practice marriage and family therapy in this state.
28 With respect to a foreign professional service limited liability company
29 which provides mental health counseling services as such services are
30 defined in article 163 of the education law, each member of such foreign
31 professional service limited liability company must be licensed pursuant
32 to article 163 of the education law to practice mental health counseling
33 in this state. With respect to a foreign professional service limited
34 liability company which provides psychoanalysis services as such
35 services are defined in article 163 of the education law, each member of
36 such foreign professional service limited liability company must be
37 licensed pursuant to article 163 of the education law to practice
38 psychoanalysis in this state. With respect to a foreign professional
39 service limited liability company which provides applied behavior analy-
40 sis services as such services are defined in article 167 of the educa-
41 tion law, each member of such foreign professional service limited
42 liability company must be licensed or certified pursuant to article 167
43 of the education law to practice applied behavior analysis in this
44 state.
45 (f) "Professional partnership" means (1) a partnership without limited
46 partners each of whose partners is a professional authorized by law to
47 render a professional service within this state, (2) a partnership with-
48 out limited partners each of whose partners is a professional, at least
49 one of whom is authorized by law to render a professional service within
50 this state or (3) a partnership without limited partners authorized by,
51 or holding a license, certificate, registration or permit issued by the
52 licensing authority pursuant to the education law to render a profes-
53 sional service within this state; except that all partners of a profes-
54 sional partnership that provides medical services in this state must be
55 licensed pursuant to article 131 of the education law to practice medi-
56 cine in this state and all partners of a professional partnership that
S. 3810--D 14
1 provides dental services in this state must be licensed pursuant to
2 article 133 of the education law to practice dentistry in this state;
3 except that all partners of a professional partnership that provides
4 veterinary services in this state must be licensed pursuant to article
5 135 of the education law to practice veterinary medicine in this state;
6 and further except that all partners of a professional partnership that
7 provides professional engineering, land surveying, GEOLOGIC, architec-
8 tural, and/or landscape architectural services in this state must be
9 licensed pursuant to article 145, article 147 and/or article 148 of the
10 education law to practice one or more of such professions.
11 S 24. Subdivision (b) of section 1302 of the limited liability company
12 law is amended to read as follows:
13 (b) Each final plan and report made or issued by a foreign profes-
14 sional service limited liability company practicing professional engi-
15 neering, GEOLOGY, architecture, landscape architecture or land surveying
16 shall bear the name and seal of one or more professional engineers,
17 PROFESSIONAL GEOLOGISTS, architects, landscape architects, or land
18 surveyors, respectively, who are in responsible charge of such plan or
19 report.
20 S 25. The ninth and fourteenth undesignated paragraphs of section 2 of
21 the partnership law, the ninth undesignated paragraph as amended by
22 chapter 643 of the laws of 1995 and the fourteenth undesignated para-
23 graph as added by chapter 576 of the laws of 1994, are amended to read
24 as follows:
25 "Foreign limited liability partnership" means (i) any partnership
26 without limited partners operating under an agreement governed by the
27 laws of any jurisdiction, other than this state, each of whose partners
28 is a professional authorized by law to render a professional service
29 within this state and who is or has been engaged in the practice of such
30 profession in such partnership or a predecessor entity, or will engage
31 in the practice of such profession in the foreign limited liability
32 partnership within thirty days of the date of the effectiveness of the
33 notice provided for in subdivision (a) of section 121-1502 of this chap-
34 ter or each of whose partners is a professional, at least one of whom is
35 authorized by law to render a professional service within this state and
36 who is or has been engaged in the practice of such profession in such
37 partnership or a predecessor entity, or will engage in the practice of
38 such profession in the foreign limited liability partnership within
39 thirty days of the date of the effectiveness of the notice provided for
40 in subdivision (a) of section 121-1502 of this chapter, (ii) any part-
41 nership without limited partners operating under an agreement governed
42 by the laws of any jurisdiction, other than this state, authorized by,
43 or holding a license, certificate, registration or permit issued by the
44 licensing authority pursuant to, the education law to render a profes-
45 sional service within this state, which renders or intends to render
46 professional services within this state and which is denominated as a
47 registered limited liability partnership or limited liability partner-
48 ship under such laws, regardless of any difference between such laws and
49 the laws of this state, or (iii) a foreign related limited liability
50 partnership; except that all partners of a foreign limited liability
51 partnership that provides health, professional engineering, land survey-
52 ing, GEOLOGIC, architectural and/or landscape architectural services in
53 this state shall be licensed in this state.
54 "Professional partnership" means (1) a partnership without limited
55 partners each of whose partners is a professional authorized by law to
56 render a professional service within this state, (2) a partnership with-
S. 3810--D 15
1 out limited partners each of whose partners is a professional, at least
2 one of whom is authorized by law to render a professional service within
3 this state or (3) a partnership without limited partners authorized by,
4 or holding a license, certificate, registration or permit issued by the
5 licensing authority pursuant to the education law to render a profes-
6 sional service within this state; except that all partners of a profes-
7 sional partnership that provides medical services in this state must be
8 licensed pursuant to article 131 of the education law to practice medi-
9 cine in this state and all partners of a professional partnership that
10 provides dental services in this state must be licensed pursuant to
11 article 133 of the education law to practice dentistry in this state;
12 and further except that all partners of a professional partnership that
13 provides professional engineering, land surveying, GEOLOGIC, architec-
14 tural and/or landscape architectural services in this state must be
15 licensed pursuant to article 145, article 147 and/or article 148 of the
16 education law to practice one or more of such professions in this state.
17 S 26. Subdivision (q) of section 121-1500 of the partnership law, as
18 amended by chapter 554 of the laws of 2013, is amended to read as
19 follows:
20 (q) Each partner of a registered limited liability partnership formed
21 to provide medical services in this state must be licensed pursuant to
22 article 131 of the education law to practice medicine in this state and
23 each partner of a registered limited liability partnership formed to
24 provide dental services in this state must be licensed pursuant to arti-
25 cle 133 of the education law to practice dentistry in this state. Each
26 partner of a registered limited liability partnership formed to provide
27 veterinary services in this state must be licensed pursuant to article
28 135 of the education law to practice veterinary medicine in this state.
29 Each partner of a registered limited liability partnership formed to
30 provide professional engineering, land surveying, GEOLOGICAL SERVICES,
31 architectural and/or landscape architectural services in this state must
32 be licensed pursuant to article 145, article 147 and/or article 148 of
33 the education law to practice one or more of such professions in this
34 state. Each partner of a registered limited liability partnership formed
35 to provide licensed clinical social work services in this state must be
36 licensed pursuant to article 154 of the education law to practice clin-
37 ical social work in this state. Each partner of a registered limited
38 liability partnership formed to provide creative arts therapy services
39 in this state must be licensed pursuant to article 163 of the education
40 law to practice creative arts therapy in this state. Each partner of a
41 registered limited liability partnership formed to provide marriage and
42 family therapy services in this state must be licensed pursuant to arti-
43 cle 163 of the education law to practice marriage and family therapy in
44 this state. Each partner of a registered limited liability partnership
45 formed to provide mental health counseling services in this state must
46 be licensed pursuant to article 163 of the education law to practice
47 mental health counseling in this state. Each partner of a registered
48 limited liability partnership formed to provide psychoanalysis services
49 in this state must be licensed pursuant to article 163 of the education
50 law to practice psychoanalysis in this state. Each partner of a regis-
51 tered limited liability partnership formed to provide applied behavior
52 analysis service in this state must be licensed or certified pursuant to
53 article 167 of the education law to practice applied behavior analysis
54 in this state.
S. 3810--D 16
1 S 27. Subdivision (q) of section 121-1502 of the partnership law, as
2 amended by chapter 554 of the laws of 2013, is amended to read as
3 follows:
4 (q) Each partner of a foreign limited liability partnership which
5 provides medical services in this state must be licensed pursuant to
6 article 131 of the education law to practice medicine in the state and
7 each partner of a foreign limited liability partnership which provides
8 dental services in the state must be licensed pursuant to article 133 of
9 the education law to practice dentistry in this state. Each partner of a
10 foreign limited liability partnership which provides veterinary service
11 in the state shall be licensed pursuant to article 135 of the education
12 law to practice veterinary medicine in this state. Each partner of a
13 foreign limited liability partnership which provides professional engi-
14 neering, land surveying, GEOLOGICAL SERVICES, architectural and/or land-
15 scape architectural services in this state must be licensed pursuant to
16 article 145, article 147 and/or article 148 of the education law to
17 practice one or more of such professions. Each partner of a foreign
18 limited liability partnership which provides licensed clinical social
19 work services in this state must be licensed pursuant to article 154 of
20 the education law to practice licensed clinical social work in this
21 state. Each partner of a foreign limited liability partnership which
22 provides creative arts therapy services in this state must be licensed
23 pursuant to article 163 of the education law to practice creative arts
24 therapy in this state. Each partner of a foreign limited liability part-
25 nership which provides marriage and family therapy services in this
26 state must be licensed pursuant to article 163 of the education law to
27 practice marriage and family therapy in this state. Each partner of a
28 foreign limited liability partnership which provides mental health coun-
29 seling services in this state must be licensed pursuant to article 163
30 of the education law to practice mental health counseling in this state.
31 Each partner of a foreign limited liability partnership which provides
32 psychoanalysis services in this state must be licensed pursuant to arti-
33 cle 163 of the education law to practice psychoanalysis in this state.
34 Each partner of a foreign limited liability partnership which provides
35 applied behavior analysis services in this state must be licensed or
36 certified pursuant to article 167 of the education law to practice
37 applied behavior analysis in this state.
38 S 28. This act shall take effect two years after the date on which it
39 shall have become a law.
