S T A T E O F N E W Y O R K
________________________________________________________________________
4319--B
2011-2012 Regular Sessions
I N A S S E M B L Y
February 3, 2011
___________
Introduced by M. of A. ENGLEBRIGHT, CAHILL, ROSENTHAL, COLTON, REILLY,
SCHIMEL, LUPARDO, McENENY, JAFFEE, ABINANTI, LINARES, ZEBROWSKI,
WEPRIN -- Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN, CUSICK,
KOLB, J. MILLER, MILLMAN, PAULIN, STEVENSON, SWEENEY, TITONE, WEISEN-
BERG -- read once and referred to the Committee on Higher Education --
recommitted to the Committee on Higher Education in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, 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 chapter 564 of the laws of 2011, amending the business corpo-
ration law relating to providing that the surviving business entity in
the case of a merger between a professional service corporation and a
professional service limited liability company may be a professional
service limited liability company
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.
LBD07804-04-2
A. 4319--B 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. GEOLOGY IS DEFINED
4 AS THE PERFORMANCE OF GEOLOGY INCLUDING, BUT NOT LIMITED TO, RESEARCH-
5 ING, INVESTIGATING, CONSULTING AND GEOLOGICAL MAPPING, DESCRIBING THE
6 NATURAL PROCESSES THAT ACT UPON THE EARTH'S MATERIALS, PREDICTING THE
7 PROBABLE OCCURRENCE OF NATURAL RESOURCES, PREDICTING AND LOCATING
8 NATURAL OR HUMAN-INDUCED PHENOMENA WHICH MAY BE USEFUL OR HAZARDOUS TO
9 HUMANKIND AND RECOGNIZING, DETERMINING AND EVALUATING GEOLOGICAL
10 FACTORS, AND THE INSPECTION AND PERFORMANCE OF GEOLOGICAL WORK AND THE
11 RESPONSIBLE SUPERVISION THEREOF IN FURTHERANCE OF THE HEALTH, SAFETY AND
12 WELFARE OF THE PUBLIC; PROVIDED, HOWEVER, THAT GEOLOGICAL MAPPING SHALL
13 NOT INCLUDE THE PRACTICE OF LAND SURVEYING AS DEFINED IN SECTION SEVEN-
14 TY-TWO HUNDRED THREE OF THIS ARTICLE.
15 S 7204-B. PRACTICE OF GEOLOGY AND THE USE OF TITLE "LICENSED PROFES-
16 SIONAL GEOLOGIST". ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER
17 THIS ARTICLE SHALL PRACTICE THE PROFESSION OF GEOLOGY OR USE THE TITLE
18 "LICENSED PROFESSIONAL GEOLOGIST".
19 S 7206-B. REQUIREMENTS FOR A LICENSE AS A LICENSED GEOLOGIST. 1. TO
20 QUALIFY FOR A LICENSE AS A LICENSED GEOLOGIST, AN APPLICANT SHALL
21 FULFILL THE FOLLOWING REQUIREMENTS:
22 (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
23 (B) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
24 HIGHER DEGREE IN GEOLOGICAL SCIENCES, IN ACCORDANCE WITH THE COMMISSION-
25 ER'S REGULATIONS;
26 (C) EXPERIENCE: HAVE AT LEAST FIVE YEARS PRACTICAL EXPERIENCE SATIS-
27 FACTORY TO THE BOARD IN APPROPRIATE GEOLOGICAL WORK; UP TO ONE YEAR OF
28 EXPERIENCE MAY BE CREDITED FOR AN ADVANCED DEGREE (MASTERS, DOCTORATE OR
29 AN EQUIVALENT THEREOF) IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
30 LATIONS;
31 (D) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
32 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
33 (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
34 (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
35 MENT; AND
36 (G) FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS TO THE DEPARTMENT
37 FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
38 LICENSE, AND A FEE OF TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL REGIS-
39 TRATION PERIOD.
40 2. IN LIEU OF THE EDUCATION AND EXPERIENCE REQUIREMENTS SPECIFIED IN
41 PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF THIS SECTION, TWELVE YEARS
42 OF PRACTICAL EXPERIENCE IN GEOLOGICAL WORK OF A GRADE AND CHARACTER
43 SATISFACTORY TO THE BOARD MAY BE ACCEPTED BY THE DEPARTMENT.
44 3. AN APPLICANT WHO APPLIES FOR LICENSURE WITHIN ONE YEAR AFTER THE
45 EFFECTIVE DATE OF THIS SECTION SHALL BE QUALIFIED FOR A LICENSE AS A
46 LICENSED GEOLOGIST WITHOUT A WRITTEN EXAMINATION IF THE APPLICANT HAS
47 SATISFIED THE REQUIREMENTS OF EDUCATION AND EXPERIENCE DESCRIBED IN
48 PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OR SUBDIVISION TWO OF THIS
49 SECTION NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
50 S 4. Section 7205 of the education law, as amended by chapter 521 of
51 the laws of 1998, is amended to read as follows:
52 S 7205. State board for engineering [and], land surveying AND GEOLOGY.
53 A state board for engineering [and], land surveying AND GEOLOGY shall be
54 appointed by the board of regents on recommendation of the commissioner
55 for the purpose of assisting the board of regents and the department on
56 matters of professional licensing and professional conduct in accordance
A. 4319--B 3
1 with section sixty-five hundred eight of this title. The board shall be
2 composed of not less than seven professional engineers [and], not less
3 than two land surveyors AND NOT LESS THAN TWO GEOLOGISTS licensed in
4 this state. An executive secretary to the board shall be appointed by
5 the board of regents on recommendation of the commissioner and shall be
6 a professional engineer [or], land surveyor OR GEOLOGIST licensed in
7 this state.
8 S 5. Subdivision 3 of section 7207 of the education law is renumbered
9 subdivision 4 and a new subdivision 3 is added to read as follows:
10 3. ON RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A LIMITED
11 PERMIT TO PRACTICE AS A LICENSED GEOLOGIST TO A GEOLOGIST NOT A RESIDENT
12 OF THIS STATE AND HAVING NO ESTABLISHED PLACE OF PRACTICE IN THIS STATE
13 WHO IS LEGALLY QUALIFIED TO PRACTICE AS SUCH IN HIS OR HER OWN COUNTRY
14 OR STATE WITH STANDARDS EQUIVALENT TO THOSE ENUMERATED IN THIS ARTICLE
15 AND WHO SUBMITS EVIDENCE SATISFACTORY TO THE BOARD ESTABLISHED AND
16 RECOGNIZED PROFESSIONAL STANDING IN HIS OR HER OWN COUNTRY OR STATE AND
17 WHO SUBMITS SATISFACTORY CERTIFICATION AS TO CHARACTER AND QUALIFICA-
18 TIONS FROM AT LEAST TWO LICENSED PROFESSIONAL GEOLOGISTS, ONE OF WHOM
19 SHALL BE A RESIDENT OF THIS STATE. SUCH LIMITED PERMIT SHALL BE ISSUED
20 SOLELY IN CONNECTION WITH THE SPECIFIC PROJECT FOR WHICH SUCH LIMITED
21 PERMIT IS GRANTED. THE FEE FOR EACH LIMITED PERMIT SHALL BE ONE HUNDRED
22 FIVE DOLLARS.
23 S 6. The section heading of section 7208 of the education law, as
24 added by chapter 987 of the laws of 1971, is amended to read as follows:
25 Exempt persons FOR THE PROFESSIONS OF ENGINEERING AND LAND SURVEYING.
26 S 7. The education law is amended by adding a new section 7208-a to
27 read as follows:
28 S 7208-A. EXEMPT PERSONS IN OR RELATED TO THE PROFESSION OF GEOLOGY.
29 NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AFFECT OR PREVENT:
30 1. THE EMPLOYMENT AND SUPERVISION OF INTERNS AND OTHER PERSONS QUALI-
31 FIED BY EDUCATION OR EXPERIENCE BY LICENSED GEOLOGISTS AS ASSISTANTS IN
32 THE PERFORMANCE OF GEOLOGICAL SERVICES, OR AS CONSULTANTS OR EMPLOYEES
33 IN SPECIAL FIELDS RELATED TO BUT NOT UNIQUELY GEOLOGY, PROVIDED THAT THE
34 LICENSED GEOLOGIST EMPLOYING OR SUPERVISING SUCH PERSONS SHALL NOT BE
35 RELIEVED OF ANY RESPONSIBILITY WHATSOEVER BY DELEGATION TO SUCH PERSONS.
36 2. THE PRACTICE OF PROFESSIONAL ENGINEERING BY A PROFESSIONAL ENGINEER
37 LICENSED PURSUANT TO THIS ARTICLE TO PRACTICE ENGINEERING IN THIS STATE
38 OR AN ENTITY AUTHORIZED PURSUANT TO SECTION SEVENTY-TWO HUNDRED TEN OF
39 THIS ARTICLE TO PROVIDE ENGINEERING IN THIS STATE, INCLUDING THE INVES-
40 TIGATION, ACQUISITION, EVALUATION, AND INTERPRETATION OF THE PHYSICAL
41 AND CHEMICAL PROPERTIES OF THE SOIL, ROCK, GROUNDWATER, EARTH MATERIALS
42 AND DATA RELATED THERETO, AND THE PERFORMANCE OF ACTIVITIES AS SPECIFIED
43 IN SECTION SEVENTY-TWO HUNDRED FOUR-A OF THIS ARTICLE, PROVIDED THAT NO
44 SUCH PERSON SHALL USE THE DESIGNATION, OR HOLD HIMSELF OR HERSELF OUT AS
45 A "LICENSED PROFESSIONAL GEOLOGIST," UNLESS LICENSED AS SUCH IN THIS
46 STATE.
47 3. THE PRACTICE OF LAND SURVEYING BY ANY PERSON THAT IS LICENSED OR
48 OTHERWISE AUTHORIZED TO PRACTICE LAND SURVEYING IN THIS STATE, PROVIDED
49 THAT NO SUCH PERSON SHALL USE THE DESIGNATION OR HOLD HIMSELF OR HERSELF
50 OUT AS A "LICENSED PROFESSIONAL GEOLOGIST" UNLESS LICENSED AS SUCH IN
51 THIS STATE.
52 4. THE EXECUTION OF WORK BY CONTRACTORS OR BY OTHERS OF WORK PREPARED
53 BY A LICENSED GEOLOGIST, OR THE SUPERINTENDENCE OF SUCH WORK AS A SUPER-
54 INTENDENT, FOREMAN OR INSPECTOR.
55 5. THE PRACTICE OF THE PROFESSION OF GEOLOGY BY OFFICERS AND EMPLOY-
56 EES OF THIS STATE PRACTICING SOLELY AS OFFICERS AND EMPLOYEES; PROVIDED,
A. 4319--B 4
1 HOWEVER, THAT THIS EXEMPTION SHALL NOT APPLY TO OFFICERS AND EMPLOYEES
2 OF THE STATE OF NEW YORK WHO COMMENCE EMPLOYMENT OR THE PERFORMANCE OF
3 WORK RELATED ACTIVITIES AFTER THE EFFECTIVE DATE OF THIS SECTION.
4 6. THE EXECUTION OF GEOLOGICAL RESEARCH AND/OR TEACHING CONDUCTED AT
5 ACCREDITED EDUCATIONAL INSTITUTIONS AND NOT-FOR-PROFIT RESEARCH INSTI-
6 TUTIONS, CONDUCTED SOLELY THROUGH THOSE INSTITUTIONS.
7 7. WORK CUSTOMARILY PERFORMED BY PHYSICAL OR NATURAL SCIENTISTS
8 PROVIDED SUCH WORK DOES NOT INCLUDE GEOLOGICAL INVESTIGATIONS, BEING IN
9 RESPONSIBLE CHARGE OF GEOLOGICAL WORK, OR THE DRAWING OF GEOLOGICAL
10 CONCLUSIONS AND RECOMMENDATIONS.
11 8. WORK CUSTOMARILY PERFORMED BY WELL DRILLERS CERTIFIED PURSUANT TO
12 THE PROVISIONS OF THE ENVIRONMENTAL CONSERVATION LAW.
13 S 8. Subdivisions 1, 2 and 4 of section 7209 of the education law,
14 subdivisions 1 and 2 as added by chapter 987 of the laws of 1971, the
15 opening paragraph of subdivision 1 as amended by chapter 994 of the laws
16 of 1971 and subdivision 4 as amended by chapter 550 of the laws of 2011,
17 are amended to read as follows:
18 1. Every professional engineer [and every], land surveyor AND PROFES-
19 SIONAL GEOLOGIST shall have a seal, approved by the board, which shall
20 contain the name of the professional engineer and the words "Licensed
21 Professional Engineer" [or], the name of the land surveyor and the words
22 "Licensed Land Surveyor" OR THE NAME OF THE PROFESSIONAL GEOLOGIST AND
23 THE WORDS "LICENSED PROFESSIONAL GEOLOGIST", and such other words or
24 figures as the board may deem necessary. All plans, specifications,
25 plats and reports relating to the construction or alteration of build-
26 ings or structures, OR GEOLOGIC DRAWINGS AND REPORTS prepared by such
27 professional engineer [and], all plans, specifications, plats and
28 reports prepared by such land surveyor AND ALL GEOLOGIC DRAWINGS AND
29 REPORTS PREPARED BY SUCH PROFESSIONAL GEOLOGIST or by a full-time or
30 part-time subordinate under his OR HER supervision, shall be stamped
31 with such seal and shall also be signed, on the original with the
32 personal signature of such professional engineer [or], land surveyor OR
33 PROFESSIONAL GEOLOGIST when filed with public officials. No official of
34 this state, or of any city, county, town or village therein, charged
35 with the enforcement of laws, ordinances or regulations shall accept or
36 approve any plans [or], specifications, OR GEOLOGIC DRAWINGS OR REPORTS
37 that are not stamped:
38 a. With the seal of an architect or professional engineer or land
39 surveyor OR PROFESSIONAL GEOLOGIST licensed in this state and bearing
40 the authorized facsimile of the signature of such architect or profes-
41 sional engineer or land surveyor OR PROFESSIONAL GEOLOGIST, or
42 b. With the official seal and authorized facsimile of the signature of
43 a professional engineer or land surveyor OR PROFESSIONAL GEOLOGIST not a
44 resident of this state and having no established business in this state,
45 but who is legally qualified to practice as such in his OR HER own state
46 or country, provided that such person may lawfully practice as such in
47 this state, and provided further that the plans [or], specifications, OR
48 GEOLOGIC DRAWINGS OR REPORTS are accompanied by and have attached there-
49 to written authorization issued by the department certifying to such
50 right to practice at such time.
51 2. A. To all plans, specifications, plats and reports to which the
52 seal of a professional engineer or land surveyor has been applied, there
53 shall also be applied a stamp with appropriate wording warning that it
54 is a violation of this [law] ARTICLE for any person, unless he OR SHE is
55 acting under the direction of a licensed professional engineer or land
56 surveyor, to alter an item in any way. If an item bearing the seal of an
A. 4319--B 5
1 engineer or land surveyor is altered, the altering engineer or land
2 surveyor shall affix to the item his OR HER seal and the notation
3 "altered by" followed by his OR HER signature and the date of such
4 alteration, and a specific description of the alteration.
5 B. TO ALL GEOLOGIC DRAWINGS AND REPORTS TO WHICH THE SEAL OF A PROFES-
6 SIONAL GEOLOGIST OR PROFESSIONAL ENGINEER HAS BEEN APPLIED, THERE SHALL
7 ALSO BE APPLIED A STAMP WITH APPROPRIATE WORDING WARNING THAT IT IS A
8 VIOLATION OF THIS ARTICLE FOR ANY PERSON, UNLESS HE OR SHE IS ACTING
9 UNDER THE DIRECTION OF A LICENSED PROFESSIONAL GEOLOGIST OR PROFESSIONAL
10 ENGINEER, TO ALTER A DRAWING OR REPORT IN ANY WAY. IF AN ITEM BEARING
11 THE SEAL OF A LICENSED PROFESSIONAL GEOLOGIST OR PROFESSIONAL ENGINEER
12 IS ALTERED, THE ALTERING PARTY SHALL AFFIX TO THE ITEM HIS OR HER SEAL
13 AND THE NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND THE
14 DATE OF SUCH ALTERATION, AND A SPECIFIC DESCRIPTION OF THE ALTERATION.
15 4. Engineers, land surveyors, GEOLOGISTS, architects, and landscape
16 architects may join in the formation of a joint enterprise, or a part-
17 nership or a professional service corporation or a design professional
18 service corporation or may form any desired combination of such
19 professions and may use in the name of such corporation the title of any
20 of the professions which will be practiced. After the name of each
21 member his or her profession shall be indicated.
22 S 9. Subdivision 1 of section 7210 of the education law, as amended by
23 chapter 550 of the laws of 2011, is amended to read as follows:
24 1. Domestic or foreign professional service corporations, design
25 professional service corporations, professional service limited liabil-
26 ity companies, foreign professional service limited liability companies,
27 registered limited liability partnerships, New York registered foreign
28 limited liability partnerships, partnerships and joint enterprises spec-
29 ified in subdivision four of section seventy-two hundred nine of this
30 article, provided each of the foregoing entities is authorized to
31 provide professional engineering [or], land surveying OR PROFESSIONAL
32 GEOLOGY services and general business corporations authorized to provide
33 professional engineering [or], land surveying OR PROFESSIONAL GEOLOGY
34 services pursuant to subdivision six of section seventy-two hundred nine
35 of this article may offer to provide or provide professional engineering
36 [or], land surveying OR PROFESSIONAL GEOLOGY services only after obtain-
37 ing a certificate of authorization from the department. Except as other-
38 wise authorized by statute, rule or regulation, other business entities
39 are not authorized to offer or provide professional engineering [or],
40 land surveying OR PROFESSIONAL GEOLOGY services and may not obtain
41 certificates of authorization provided that nothing contained herein
42 shall prohibit an individual who is licensed to practice professional
43 engineering [or], land surveying OR PROFESSIONAL GEOLOGY under this
44 article from obtaining a certificate of authorization upon application
45 and payment of the appropriate fees provided for under this section.
46 S 10. Subdivision 2 of section 7307 of the education law, as amended
47 by chapter 550 of the laws of 2011, is amended to read as follows:
48 2. Engineers, land surveyors, GEOLOGISTS, architects and landscape
49 architects may join in the formation of a joint enterprise, or a part-
50 nership or a professional service corporation or a design professional
51 service corporation or may form any desired combination of such
52 professions and may use in the name of such corporation the title of any
53 of the professions which will be practiced. After the name of each
54 member his or her profession shall be indicated.
55 S 11. Subdivision 2 of section 7327 of the education law, as amended
56 by chapter 550 of the laws of 2011, is amended to read as follows:
A. 4319--B 6
1 2. Engineers, land surveyors, GEOLOGISTS, architects and landscape
2 architects may join in the formation of a joint enterprise, or a part-
3 nership or a professional service corporation or a design professional
4 service corporation or may form any desired combination of such
5 professions and may use in the name of such corporation the title of any
6 of the professions which will be practiced. After the name of each
7 member his or her profession shall be indicated.
8 S 12. Paragraphs (e) and (f) of section 1501 of the business corpo-
9 ration law, as added by chapter 550 of the laws of 2011, are amended and
10 a new paragraph (i) is added to read as follows:
11 (e) "Design professional service corporation" means a corporation
12 organized under this article practicing professional engineering, archi-
13 tecture, landscape architecture, GEOLOGY or land surveying, or practic-
14 ing any combination of such professions, first organized on or after
15 January first, two thousand twelve. The provisions of this article
16 applicable to professional service corporations shall apply to design
17 professional service corporations except to the extent that any
18 provision is either inconsistent with a provision expressly applying to
19 design professional service corporations or not relevant thereto.
20 (f) "Design professional" means an individual licensed and registered
21 pursuant to title eight of the education law to practice professional
22 engineering, architecture, landscape architecture, GEOLOGY or land
23 surveying.
24 (I) "OTHER BUSINESS ENTITY" MEANS ANY PERSON OTHER THAN A NATURAL
25 PERSON, GENERAL PARTNERSHIP OR A DOMESTIC OR FOREIGN BUSINESS CORPO-
26 RATION, AND INCLUDES A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY
27 FORMED PURSUANT TO THE PROVISIONS OF THE NEW YORK LIMITED LIABILITY
28 COMPANY LAW.
29 S 13. Paragraph (a) of section 1503 of the business corporation law,
30 as amended by chapter 550 of the laws of 2011, is amended to read as
31 follows:
32 (a) Notwithstanding any other provision of law, one or more individ-
33 uals duly authorized by law to render the same professional service
34 within the state may organize, or cause to be organized, a professional
35 service corporation for pecuniary profit under this article for the
36 purpose of rendering the same professional service, except that one or
37 more individuals duly authorized by law to practice professional engi-
38 neering, architecture, landscape architecture [or], land surveying OR
39 GEOLOGY within the state may organize, or cause to be organized, a
40 professional service corporation or a design professional service corpo-
41 ration for pecuniary profit under this article for the purpose of
42 rendering such professional services as such individuals are authorized
43 to practice.
44 S 14. Paragraph (b) of section 1504 of the business corporation law,
45 as amended by chapter 550 of the laws of 2011, is amended to read as
46 follows:
47 (b) Each final plan and report made or issued by a corporation prac-
48 ticing one or more of the professions of professional engineering,
49 architecture, landscape architecture [or], land surveying OR GEOLOGY
50 shall bear the name and seal of one or more professional engineers,
51 architects, landscape architects, [or] land surveyors OR GEOLOGISTS,
52 respectively, who are in responsible charge of such plan or report.
53 S 15. Section 1516 of the business corporation law, as amended by
54 chapter 550 of the laws of 2011, is amended to read as follows:
55 S 1516. Corporate mergers, consolidations and other reorganizations.
A. 4319--B 7
1 (a) Notwithstanding any inconsistent provision of this article, and
2 subject to the limitations in paragraph (b) of this section, a profes-
3 sional service corporation, including a design professional service
4 corporation, pursuant to the provisions of article 9 of this chapter,
5 may be merged or consolidated with another corporation formed pursuant
6 to the provisions of this chapter, with a corporation authorized and
7 registered to practice the same profession pursuant to the applicable
8 provisions of subdivision six of section seventy-two hundred nine of the
9 education law (engineer [or], land surveyor OR GEOLOGIST), subdivision
10 four of section seventy-three hundred seven of the education law (archi-
11 tect) or subdivision four of section seventy-three hundred twenty-seven
12 of the education law (landscape architect) of articles one hundred
13 forty-five, one hundred forty-seven and one hundred forty-eight of the
14 education law, or with a foreign corporation, OR OTHER BUSINESS ENTITY
15 PRACTICING THE SAME PROFESSION OR PROFESSIONS IN THIS STATE OR THE STATE
16 OF FORMATION, or may be otherwise reorganized, provided that the corpo-
17 ration or entity which survives or which is formed pursuant thereto is a
18 professional service corporation, a design [profession] PROFESSIONAL
19 service corporation, A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY or
20 a foreign professional service corporation practicing the same profes-
21 sion or professions in this state or the state of incorporation or, if
22 one of the original corporations is authorized to practice pursuant to
23 the provisions of subdivision six of section seventy-two hundred nine of
24 the education law, subdivision four of section seventy-three hundred
25 seven of the education law or subdivision four of section seventy-three
26 hundred twenty-seven of the education law, a corporation authorized and
27 registered to practice the same profession pursuant to the applicable
28 provisions of subdivision six of section seventy-two hundred nine of the
29 education law (engineer [or], land surveyor OR GEOLOGIST), subdivision
30 four of section seventy-three hundred seven of the education law (archi-
31 tect) of articles one hundred forty-five, one hundred forty-seven and
32 one hundred forty-eight of the education law or subdivision four of
33 section seventy-three hundred twenty-seven of the education law (land-
34 scape architect).
35 [The] (B) IF THE SURVIVING BUSINESS ENTITY IS A PROFESSIONAL CORPO-
36 RATION, THE restrictions on the issuance, transfer or sale of shares of
37 a professional service corporation or a design professional service
38 corporation shall be suspended for a period not exceeding thirty days
39 with respect to any issuance, transfer or sale of shares made pursuant
40 to such merger, consolidation or reorganization, provided that (i) no
41 person who would not be eligible to be a shareholder in the absence of
42 this section shall vote the shares of or receive any distribution from
43 such corporation; (ii) after such merger, consolidation or reorganiza-
44 tion, any professional service corporation or design professional
45 service corporation which survives or which is created thereby shall be
46 subject to all of the provisions of this article[,]; and (iii) shares
47 thereafter only may be held by persons who are eligible to receive
48 shares of such professional service corporation, design professional
49 service corporation or such other corporation authorized and registered
50 to practice the same profession pursuant to the applicable provisions of
51 subdivision six of section seventy-two hundred nine of the education law
52 (engineer [or], land surveyor OR GEOLOGIST), subdivision four of section
53 seventy-three hundred seven of the education law (architect) or subdivi-
54 sion four of section seventy-three hundred twenty-seven of the education
55 law (landscape architect) of articles one hundred forty-five, one
56 hundred forty-seven and one hundred forty-eight of the education law,
A. 4319--B 8
1 which survives. Nothing herein contained shall be construed as permit-
2 ting the practice of a profession in this state by a corporation which
3 is not incorporated pursuant to the provisions of this article, author-
4 ized to do business in this state pursuant to the provisions of article
5 15-A of this chapter, authorized pursuant to subdivision six of section
6 seventy-two hundred nine of the education law, authorized pursuant to
7 subdivision four of section seventy-three hundred seven of the education
8 law, authorized pursuant to subdivision four of section seventy-three
9 hundred twenty-seven of the education law or authorized and registered
10 to practice a profession pursuant to the applicable provisions of arti-
11 cle one hundred forty-five, article one hundred forty-seven or article
12 one hundred forty-eight of the education law. For the purposes of this
13 section, other reorganizations shall be limited to those reorganizations
14 defined in paragraph one of subsection (a) of section three hundred
15 sixty-eight of the internal revenue code.
16 [(b)] (C) IF THE SURVIVING BUSINESS ENTITY IS A PROFESSIONAL SERVICE
17 LIMITED LIABILITY COMPANY, THE RESTRICTIONS ON THE ISSUANCE, TRANSFER OR
18 SALE OF MEMBERSHIP INTERESTS OF A PROFESSIONAL SERVICE LIMITED LIABILITY
19 COMPANY OTHER THAN THE REQUIREMENTS OF THE FIRST TWO SENTENCES OF SUBDI-
20 VISION (C) OF SECTION TWELVE HUNDRED ELEVEN OF THE LIMITED LIABILITY
21 COMPANY LAW, SHALL BE SUSPENDED FOR A PERIOD NOT EXCEEDING THIRTY DAYS
22 WITH RESPECT TO ANY ISSUANCE, TRANSFER OR SALE OF MEMBERSHIP INTERESTS
23 MADE PURSUANT TO SUCH MERGER OR CONSOLIDATION, PROVIDED THAT: (I) NO
24 PERSON OR BUSINESS ENTITY WHO WOULD NOT BE ELIGIBLE TO BE A MEMBER IN
25 THE ABSENCE OF THIS SECTION SHALL VOTE OR RECEIVE ANY DISTRIBUTION FROM
26 SUCH LIMITED LIABILITY COMPANY; (II) AFTER SUCH MERGER OR CONSOLIDATION,
27 ANY PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY THAT SURVIVES OR THAT
28 IS CREATED THEREBY SHALL BE SUBJECT TO ALL THE PROVISIONS OF THE LIMITED
29 LIABILITY COMPANY LAW; AND (III) MEMBERSHIP INTERESTS THEREAFTER MAY BE
30 HELD ONLY BY PERSONS OR BUSINESS ENTITIES WHO ARE ELIGIBLE TO BE A
31 MEMBER OF SUCH PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY. NOTHING
32 HEREIN CONTAINED SHALL BE CONSTRUED AS PERMITTING THE PRACTICE OF A
33 PROFESSION IN THIS STATE BY A LIMITED LIABILITY COMPANY THAT IS NOT
34 FORMED PURSUANT TO THE PROVISIONS OF THE LIMITED LIABILITY COMPANY LAW
35 OR AUTHORIZED TO DO BUSINESS IN THE STATE PURSUANT TO THE PROVISIONS OF
36 ARTICLE THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW. Notwithstanding
37 the provisions contained in [paragraph (a) of] this section, no design
38 professional service corporation shall be merged or consolidated with
39 any entity unless such entity is a professional business organization
40 lawfully organized to provide professional services pursuant to articles
41 one hundred forty-five, one hundred forty-seven and one hundred forty-
42 eight of the education law.
43 S 16. Paragraph (b) of section 1526 of the business corporation law,
44 as added by chapter 505 of the laws of 1983, is amended to read as
45 follows:
46 (b) Each final plan, DRAWING and report made or issued by a foreign
47 professional service corporation practicing professional engineering,
48 architecture, landscape architecture, GEOLOGY or land surveying shall
49 bear the name and seal of one or more professional engineers, archi-
50 tects, landscape architects, PROFESSIONAL GEOLOGISTS or land surveyors,
51 respectively, who are in responsible charge of such plan or report.
52 S 17. Section 1529 of the business corporation law, as amended by
53 chapter 576 of the laws of 1994, is amended to read as follows:
54 S 1529. Business corporation law applicable.
55 Except for the provisions of sections thirteen hundred three, thirteen
56 hundred four, thirteen hundred sixteen, thirteen hundred seventeen and
A. 4319--B 9
1 thirteen hundred twenty, this chapter shall be applicable to a foreign
2 professional service corporation to the extent that the provisions ther-
3 eof are not in conflict with the provisions of this article. A foreign
4 professional service corporation may practice in this state, or may
5 consolidate or merge with another corporation, or may be a member of a
6 professional service limited liability company, a foreign professional
7 service limited liability company, a registered limited liability part-
8 nership or foreign limited liability partnership, only if all of the
9 professions practiced by such corporations, limited liability companies
10 or limited liability partnerships could be practiced by a single profes-
11 sional service corporation organized in this state; and, further, only
12 if such foreign professional service corporation is domiciled in a state
13 or territory of the United States the laws of which, at the time of
14 application by such corporation under section fifteen hundred thirty of
15 this article, contain a reciprocal provision under which professional
16 service corporations domiciled in this state may similarly apply for the
17 privilege of doing business in any such state or territory; provided
18 further however, that nothing herein shall authorize a foreign profes-
19 sional service corporation practicing professional engineering, land
20 surveying, GEOLOGY, architecture and/or landscape architecture to be a
21 member or partner of a professional service limited liability company, a
22 foreign professional service limited liability company, a registered
23 limited liability partnership or a foreign limited liability partnership
24 unless all of the shareholders, directors and officers of such foreign
25 professional service corporation are licensed to practice one or more of
26 such professions in this state.
27 S 18. Subdivision (a) of section 1203 of the limited liability company
28 law, as separately amended by chapters 420 and 676 of the laws of 2002,
29 is amended to read as follows:
30 (a) Notwithstanding the education law or any other provision of law,
31 one or more professionals each of whom is authorized by law to render a
32 professional service within the state, or one or more professionals, at
33 least one of whom is authorized by law to render a professional service
34 within the state, may form, or cause to be formed, a professional
35 service limited liability company for pecuniary profit under this arti-
36 cle for the purpose of rendering the professional service or services as
37 such professionals are authorized to practice. With respect to a profes-
38 sional service limited liability company formed to provide medical
39 services as such services are defined in article 131 of the education
40 law, each member of such limited liability company must be licensed
41 pursuant to article 131 of the education law to practice medicine in
42 this state. With respect to a professional service limited liability
43 company formed to provide dental services as such services are defined
44 in article 133 of the education law, each member of such limited liabil-
45 ity company must be licensed pursuant to article 133 of the education
46 law to practice dentistry in this state. With respect to a professional
47 service limited liability company formed to provide veterinary services
48 as such services are defined in article 135 of the education law, each
49 member of such limited liability company must be licensed pursuant to
50 article 135 of the education law to practice veterinary medicine in this
51 state. With respect to a professional service limited liability company
52 formed to provide professional engineering, land surveying, architec-
53 tural [and/or], landscape architectural AND/OR GEOLOGICAL services as
54 such services are defined in article 145, article 147 and article 148 of
55 the education law, each member of such limited liability company must be
56 licensed pursuant to article 145, article 147 and/or article 148 of the
A. 4319--B 10
1 education law to practice one or more of such professions in this state.
2 With respect to a professional service limited liability company formed
3 to provide licensed clinical social work services as such services are
4 defined in article 154 of the education law, each member of such limited
5 liability company shall be licensed pursuant to article 154 of the
6 education law to practice licensed clinical social work in this state.
7 With respect to a professional service limited liability company formed
8 to provide creative arts therapy services as such services are defined
9 in article 163 of the education law, each member of such limited liabil-
10 ity company must be licensed pursuant to article 163 of the education
11 law to practice creative arts therapy in this state. With respect to a
12 professional service limited liability company formed to provide
13 marriage and family therapy services as such services are defined in
14 article 163 of the education law, each member of such limited liability
15 company must be licensed pursuant to article 163 of the education law to
16 practice marriage and family therapy in this state. With respect to a
17 professional service limited liability company formed to provide mental
18 health counseling services as such services are defined in article 163
19 of the education law, each member of such limited liability company must
20 be licensed pursuant to article 163 of the education law to practice
21 mental health counseling in this state. With respect to a professional
22 service limited liability company formed to provide psychoanalysis
23 services as such services are defined in article 163 of the education
24 law, each member of such limited liability company must be licensed
25 pursuant to article 163 of the education law to practice psychoanalysis
26 in this state. In addition to engaging in such profession or
27 professions, a professional service limited liability company may engage
28 in any other business or activities as to which a limited liability
29 company may be formed under section two hundred one of this chapter.
30 Notwithstanding any other provision of this section, a professional
31 service limited liability company (i) authorized to practice law may
32 only engage in another profession or business or activities or (ii)
33 which is engaged in a profession or other business or activities other
34 than law may only engage in the practice of law, to the extent not
35 prohibited by any other law of this state or any rule adopted by the
36 appropriate appellate division of the supreme court or the court of
37 appeals.
38 S 19. Subdivision (b) of section 1207 of the limited liability company
39 law, as separately amended by chapters 420 and 676 of the laws of 2002,
40 is amended to read as follows:
41 (b) with respect to a professional service limited liability company
42 formed to provide medical services as such services are defined in arti-
43 cle 131 of the education law, each member of such limited liability
44 company must be licensed pursuant to article 131 of the education law to
45 practice medicine in this state. With respect to a professional service
46 limited liability company formed to provide dental services as such
47 services are defined in article 133 of the education law, each member of
48 such limited liability company must be licensed pursuant to article 133
49 of the education law to practice dentistry in this state. With respect
50 to a professional service limited liability company formed to provide
51 veterinary services as such services are defined in article 135 of the
52 education law, each member of such limited liability company must be
53 licensed pursuant to article 135 of the education law to practice veter-
54 inary medicine in this state. With respect to a professional service
55 limited liability company formed to provide professional engineering,
56 land surveying, architectural [and/or], landscape architectural AND/OR
A. 4319--B 11
1 GEOLOGICAL services as such services are defined in article 145, article
2 147 and article 148 of the education law, each member of such limited
3 liability company must be licensed pursuant to article 145, article 147
4 and/or article 148 of the education law to practice one or more of such
5 professions in this state. With respect to a professional service limit-
6 ed liability company formed to provide licensed clinical social work
7 services as such services are defined in article 154 of the education
8 law, each member of such limited liability company shall be licensed
9 pursuant to article 154 of the education law to practice licensed clin-
10 ical social work in this state. With respect to a professional service
11 limited liability company formed to provide creative arts therapy
12 services as such services are defined in article 163 of the education
13 law, each member of such limited liability company must be licensed
14 pursuant to article 163 of the education law to practice creative arts
15 therapy in this state. With respect to a professional service limited
16 liability company formed to provide marriage and family therapy services
17 as such services are defined in article 163 of the education law, each
18 member of such limited liability company must be licensed pursuant to
19 article 163 of the education law to practice marriage and family therapy
20 in this state. With respect to a professional service limited liability
21 company formed to provide mental health counseling services as such
22 services are defined in article 163 of the education law, each member of
23 such limited liability company must be licensed pursuant to article 163
24 of the education law to practice mental health counseling in this state.
25 With respect to a professional service limited liability company formed
26 to provide psychoanalysis services as such services are defined in arti-
27 cle 163 of the education law, each member of such limited liability
28 company must be licensed pursuant to article 163 of the education law to
29 practice psychoanalysis in this state.
30 S 20. Subdivisions (a) and (f) of section 1301 of the limited liabil-
31 ity company law, subdivision (a) as separately amended by chapters 420
32 and 676 of the laws of 2002 and subdivision (f) as amended by chapter
33 170 of the laws of 1996, are amended to read as follows:
34 (a) "Foreign professional service limited liability company" means a
35 professional service limited liability company, whether or not denomi-
36 nated as such, organized under the laws of a jurisdiction other than
37 this state, (i) each of whose members and managers, if any, is a profes-
38 sional authorized by law to render a professional service within this
39 state and who is or has been engaged in the practice of such profession
40 in such professional service limited liability company or a predecessor
41 entity, or will engage in the practice of such profession in the profes-
42 sional service limited liability company within thirty days of the date
43 such professional becomes a member, or each of whose members and manag-
44 ers, if any, is a professional at least one of such members is author-
45 ized by law to render a professional service within this state and who
46 is or has been engaged in the practice of such profession in such
47 professional service limited liability company or a predecessor entity,
48 or will engage in the practice of such profession in the professional
49 service limited liability company within thirty days of the date such
50 professional becomes a member, or (ii) authorized by, or holding a
51 license, certificate, registration or permit issued by the licensing
52 authority pursuant to, the education law to render a professional
53 service within this state; except that all members and managers, if any,
54 of a foreign professional service limited liability company that
55 provides health services in this state shall be licensed in this state.
56 With respect to a foreign professional service limited liability company
A. 4319--B 12
1 which provides veterinary services as such services are defined in arti-
2 cle 135 of the education law, each member of such foreign professional
3 service limited liability company shall be licensed pursuant to article
4 135 of the education law to practice veterinary medicine. With respect
5 to a foreign professional service limited liability company which
6 provides medical services as such services are defined in article 131 of
7 the education law, each member of such foreign professional service
8 limited liability company must be licensed pursuant to article 131 of
9 the education law to practice medicine in this state. With respect to a
10 foreign professional service limited liability company which provides
11 dental services as such services are defined in article 133 of the
12 education law, each member of such foreign professional service limited
13 liability company must be licensed pursuant to article 133 of the educa-
14 tion law to practice dentistry in this state. With respect to a foreign
15 professional service limited liability company which provides profes-
16 sional engineering, land surveying, GEOLOGIC, architectural and/or land-
17 scape architectural services as such services are defined in article
18 145, article 147 and article 148 of the education law, each member of
19 such foreign professional service limited liability company must be
20 licensed pursuant to article 145, article 147 and/or article 148 of the
21 education law to practice one or more of such professions in this state.
22 With respect to a foreign professional service limited liability company
23 which provides licensed clinical social work services as such services
24 are defined in article 154 of the education law, each member of such
25 foreign professional service limited liability company shall be licensed
26 pursuant to article 154 of the education law to practice clinical social
27 work in this state. With respect to a foreign professional service
28 limited liability company which provides creative arts therapy services
29 as such services are defined in article 163 of the education law, each
30 member of such foreign professional service limited liability company
31 must be licensed pursuant to article 163 of the education law to prac-
32 tice creative arts therapy in this state. With respect to a foreign
33 professional service limited liability company which provides marriage
34 and family therapy services as such services are defined in article 163
35 of the education law, each member of such foreign professional service
36 limited liability company must be licensed pursuant to article 163 of
37 the education law to practice marriage and family therapy in this state.
38 With respect to a foreign professional service limited liability company
39 which provides mental health counseling services as such services are
40 defined in article 163 of the education law, each member of such foreign
41 professional service limited liability company must be licensed pursuant
42 to article 163 of the education law to practice mental health counseling
43 in this state. With respect to a foreign professional service limited
44 liability company which provides psychoanalysis services as such
45 services are defined in article 163 of the education law, each member of
46 such foreign professional service limited liability company must be
47 licensed pursuant to article 163 of the education law to practice
48 psychoanalysis in this state.
49 (f) "Professional partnership" means (1) a partnership without limited
50 partners each of whose partners is a professional authorized by law to
51 render a professional service within this state, (2) a partnership with-
52 out limited partners each of whose partners is a professional, at least
53 one of whom is authorized by law to render a professional service within
54 this state or (3) a partnership without limited partners authorized by,
55 or holding a license, certificate, registration or permit issued by the
56 licensing authority pursuant to the education law to render a profes-
A. 4319--B 13
1 sional service within this state; except that all partners of a profes-
2 sional partnership that provides medical services in this state must be
3 licensed pursuant to article 131 of the education law to practice medi-
4 cine in this state and all partners of a professional partnership that
5 provides dental services in this state must be licensed pursuant to
6 article 133 of the education law to practice dentistry in this state;
7 except that all partners of a professional partnership that provides
8 veterinary services in this state must be licensed pursuant to article
9 135 of the education law to practice veterinary medicine in this state;
10 and further except that all partners of a professional partnership that
11 provides professional engineering, land surveying, GEOLOGIC, architec-
12 tural, and/or landscape architectural services in this state must be
13 licensed pursuant to article 145, article 147 and/or article 148 of the
14 education law to practice one or more of such professions.
15 S 21. Subdivision (b) of section 1302 of the limited liability company
16 law is amended to read as follows:
17 (b) Each final plan and report made or issued by a foreign profes-
18 sional service limited liability company practicing professional engi-
19 neering, GEOLOGY, architecture, landscape architecture or land surveying
20 shall bear the name and seal of one or more professional engineers,
21 PROFESSIONAL GEOLOGISTS, architects, landscape architects, or land
22 surveyors, respectively, who are in responsible charge of such plan or
23 report.
24 S 22. The ninth and fourteenth undesignated paragraphs of section 2 of
25 the partnership law, the ninth undesignated paragraph as amended by
26 chapter 643 of the laws of 1995 and the fourteenth undesignated para-
27 graph as added by chapter 576 of the laws of 1994, are amended to read
28 as follows:
29 "Foreign limited liability partnership" means (i) any partnership
30 without limited partners operating under an agreement governed by the
31 laws of any jurisdiction, other than this state, each of whose partners
32 is a professional authorized by law to render a professional service
33 within this state and who is or has been engaged in the practice of such
34 profession in such partnership or a predecessor entity, or will engage
35 in the practice of such profession in the foreign limited liability
36 partnership within thirty days of the date of the effectiveness of the
37 notice provided for in subdivision (a) of section 121-1502 of this chap-
38 ter or each of whose partners is a professional, at least one of whom is
39 authorized by law to render a professional service within this state and
40 who is or has been engaged in the practice of such profession in such
41 partnership or a predecessor entity, or will engage in the practice of
42 such profession in the foreign limited liability partnership within
43 thirty days of the date of the effectiveness of the notice provided for
44 in subdivision (a) of section 121-1502 of this chapter, (ii) any part-
45 nership without limited partners operating under an agreement governed
46 by the laws of any jurisdiction, other than this state, authorized by,
47 or holding a license, certificate, registration or permit issued by the
48 licensing authority pursuant to, the education law to render a profes-
49 sional service within this state, which renders or intends to render
50 professional services within this state and which is denominated as a
51 registered limited liability partnership or limited liability partner-
52 ship under such laws, regardless of any difference between such laws and
53 the laws of this state, or (iii) a foreign related limited liability
54 partnership; except that all partners of a foreign limited liability
55 partnership that provides health, professional engineering, land survey-
A. 4319--B 14
1 ing, GEOLOGIC, architectural and/or landscape architectural services in
2 this state shall be licensed in this state.
3 "Professional partnership" means (1) a partnership without limited
4 partners each of whose partners is a professional authorized by law to
5 render a professional service within this state, (2) a partnership with-
6 out limited partners each of whose partners is a professional, at least
7 one of whom is authorized by law to render a professional service within
8 this state or (3) a partnership without limited partners authorized by,
9 or holding a license, certificate, registration or permit issued by the
10 licensing authority pursuant to the education law to render a profes-
11 sional service within this state; except that all partners of a profes-
12 sional partnership that provides medical services in this state must be
13 licensed pursuant to article 131 of the education law to practice medi-
14 cine in this state and all partners of a professional partnership that
15 provides dental services in this state must be licensed pursuant to
16 article 133 of the education law to practice dentistry in this state;
17 and further except that all partners of a professional partnership that
18 provides professional engineering, land surveying, GEOLOGIC, architec-
19 tural and/or landscape architectural services in this state must be
20 licensed pursuant to article 145, article 147 and/or article 148 of the
21 education law to practice one or more of such professions in this state.
22 S 23. Subdivision (q) of section 121-1500 of the partnership law, as
23 separately amended by chapters 420 and 676 of the laws of 2002, is
24 amended to read as follows:
25 (q) Each partner of a registered limited liability partnership formed
26 to provide medical services in this state must be licensed pursuant to
27 article 131 of the education law to practice medicine in this state and
28 each partner of a registered limited liability partnership formed to
29 provide dental services in this state must be licensed pursuant to arti-
30 cle 133 of the education law to practice dentistry in this state. Each
31 partner of a registered limited liability partnership formed to provide
32 veterinary services in this state must be licensed pursuant to article
33 135 of the education law to practice veterinary medicine in this state.
34 Each partner of a registered limited liability partnership formed to
35 provide professional engineering, GEOLOGICAL SERVICES, land surveying,
36 architectural and/or landscape architectural services in this state must
37 be licensed pursuant to article 145, article 147 and/or article 148 of
38 the education law to practice one or more of such professions in this
39 state. Each partner of a registered limited liability partnership formed
40 to provide licensed clinical social work services in this state must be
41 licensed pursuant to article 154 of the education law to practice clin-
42 ical social work in this state. Each partner of a registered limited
43 liability partnership formed to provide creative arts therapy services
44 in this state must be licensed pursuant to article 163 of the education
45 law to practice creative arts therapy in this state. Each partner of a
46 registered limited liability partnership formed to provide marriage and
47 family therapy services in this state must be licensed pursuant to arti-
48 cle 163 of the education law to practice marriage and family therapy in
49 this state. Each partner of a registered limited liability partnership
50 formed to provide mental health counseling services in this state must
51 be licensed pursuant to article 163 of the education law to practice
52 mental health counseling in this state. Each partner of a registered
53 limited liability partnership formed to provide psychoanalysis services
54 in this state must be licensed pursuant to article 163 of the education
55 law to practice psychoanalysis in this state.
A. 4319--B 15
1 S 24. Subdivision (q) of section 121-1502 of the partnership law, as
2 amended by chapter 230 of the laws of 2004, 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 S 25. Chapter 564 of the laws of 2011, amending the business corpo-
35 ration law relating to providing that the surviving business entity in
36 the case of a merger between a professional service corporation and a
37 professional service limited liability company may be a professional
38 service limited liability company, is REPEALED.
39 S 26. This act shall take effect two years after the date on which it
40 shall have become a law.