Bill S2784B-2009

Establishes the profession of geology; provides for professional licensing for geologists

Establishes the profession of geology; defines the practice of geology; establishes requirements for a license as a professional geologist; regulates the practice of such profession; authorizes geologists to engage in professional business enterprises with engineers, land surveyors, architects and landscape architects.

Details

Actions

  • Jun 23, 2010: referred to higher education
  • Jun 22, 2010: DELIVERED TO ASSEMBLY
  • Jun 22, 2010: PASSED SENATE
  • Jun 22, 2010: ORDERED TO THIRD READING CAL.1072
  • Jun 15, 2010: REPORTED AND COMMITTED TO RULES
  • May 4, 2010: REPORTED AND COMMITTED TO FINANCE
  • Mar 10, 2010: REPORTED AND COMMITTED TO CODES
  • Jan 6, 2010: REFERRED TO HIGHER EDUCATION
  • Jun 3, 2009: REPORTED AND COMMITTED TO CODES
  • May 13, 2009: PRINT NUMBER 2784B
  • May 13, 2009: AMEND AND RECOMMIT TO HIGHER EDUCATION
  • Apr 21, 2009: PRINT NUMBER 2784A
  • Apr 21, 2009: AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
  • Mar 2, 2009: REFERRED TO HIGHER EDUCATION

Votes

VOTE: COMMITTEE VOTE: - Higher Education - Mar 10, 2010
Ayes (17): Stavisky, Oppenheimer, Schneiderman, Krueger, Parker, Huntley, Foley, Onorato, Serrano, Aubertine, LaValle, Flanagan, Robach, Alesi, Griffo, Maziarz, Hannon
Ayes W/R (1): Seward
VOTE: COMMITTEE VOTE: - Codes - May 4, 2010
Ayes (15): Schneiderman, Breslin, Duane, Parker, Huntley, Sampson, Klein, Perkins, Squadron, Volker, Saland, DeFrancisco, Bonacic, Golden, Flanagan
Nays (1): Lanza
VOTE: COMMITTEE VOTE: - Rules - Jun 22, 2010
Ayes (18): Smith, Espada, Stachowski, Montgomery, Duane, Hassell-Thompson, Krueger, Parker, Serrano, Stewart-Cousins, Dilan, Klein, Valesky, Padavan, Volker, Farley, LaValle, Saland
Ayes W/R (4): Johnson O, Seward, Hannon, Larkin
Nays (1): Skelos

Memo

 BILL NUMBER:  S2784B

TITLE OF BILL : 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

PURPOSE OR GENERAL IDEA OF BILL : To establish the practice of geology as a licensed profession in the State of New York and to establish standards of education and experience as a prerequisite to licensure

SUMMARY OF SPECIFIC PROVISIONS : * Section 1- The bill amends the Education Law by adding six new sections to establish a system of licensure for geologists practicing in the State of New York. * Geologists must who have acquired the required education, experience and pass an exam,. will qualify to become licensed by the New York State Education Department as Professional Geologists. * Expands the combined state board for engineering and land surveying to include geology for the purpose of assisting the Board of Regents and the Education Department on matters of professional licensing and professional conduct. * Exempts from its requirements the practice of professional engineer and the practice of professional land surveying by those duly licensed in the State of New York. * amends the Business Corporation Law and the Limited Liability Company Law to authorize licensed geologists to join with licensed engineers, land surveyors, architects and landscape architects in the formation of joint enterprise, partnership, professional service corporation or a professional service limited liability company, or any combination thereof.

JUSTIFICATION : Rendering scientific expert opinion regarding geological conditions to State or local government agencies and the public can have significant impact on the environmental quality of New York State and on the safety, property and well-being of its citizens. Geologists routinely conduct investigations and provide interpretive geologic services related to the development and protection of groundwater resources, the subsurface disposal of hazardous wastes and the potential for migration of contamination.

There are currently twenty-four states, including California, Illinois, Florida and Pennsylvania that require licensure of geologists. This bill adds geologists to the list of professionals currently licensed by the State Education Department.

PRIOR LEGISLATIVE HISTORY : New Bill.

FISCAL IMPLICATIONS : The State Education Department estimates the cost to implement this legislation would be $155,000, to be supported by licensure fees.

EFFECTIVE DATE : This act shall take effect three years after the date on which it shall have become a law.

Text

STATE OF NEW YORK ________________________________________________________________________ 2784--B 2009-2010 Regular Sessions IN SENATE March 2, 2009 ___________
Introduced by Sen. THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- 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 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 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding three new sections 7204-a, 7204-b and 7206-b to read as follows: S 7204-A. THE PRACTICE OF THE PROFESSION OF GEOLOGY. THE PRACTICE OF THE PROFESSION OF GEOLOGY IS DEFINED AS THE PERFORMANCE OF GEOLOGY INCLUDING, BUT NOT LIMITED TO, RESEARCHING, INVESTIGATING, CONSULTING AND GEOLOGICAL MAPPING, DESCRIBING THE NATURAL PROCESSES THAT ACT UPON THE EARTH'S MATERIALS, PREDICTING THE PROBABLE OCCURRENCE OF NATURAL RESOURCES, PREDICTING AND LOCATING NATURAL OR HUMAN-INDUCED PHENOMENA WHICH MAY BE USEFUL OR HAZARDOUS TO HUMANKIND AND RECOGNIZING, DETERMIN- ING AND EVALUATING GEOLOGICAL FACTORS, AND THE INSPECTION AND PERFORM- ANCE OF GEOLOGICAL WORK AND THE RESPONSIBLE SUPERVISION THEREOF IN FURTHERANCE OF THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC; PROVIDED, HOWEVER, THAT GEOLOGICAL MAPPING SHALL NOT INCLUDE THE PRACTICE OF LAND SURVEYING AS DEFINED IN SECTION SEVENTY-TWO HUNDRED THREE OF THIS ARTI- CLE. S 7204-B. PRACTICE OF GEOLOGY AND THE USE OF TITLE "LICENSED PROFES- SIONAL GEOLOGIST". ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE THE PROFESSION OF GEOLOGY OR USE THE TITLE "LICENSED PROFESSIONAL GEOLOGIST".
S 7206-B. REQUIREMENTS FOR A LICENSE AS A LICENSED GEOLOGIST. 1. TO QUALIFY FOR A LICENSE AS A LICENSED GEOLOGIST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS: (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT; (B) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR HIGHER DEGREE IN GEOLOGICAL SCIENCES, IN ACCORDANCE WITH THE COMMISSION- ER'S REGULATIONS; (C) EXPERIENCE: HAVE AT LEAST FIVE YEARS PRACTICAL EXPERIENCE SATIS- FACTORY TO THE BOARD IN APPROPRIATE GEOLOGICAL WORK; UP TO ONE YEAR OF EXPERIENCE MAY BE CREDITED FOR AN ADVANCED DEGREE (MASTERS, DOCTORATE OR AN EQUIVALENT THEREOF) IN ACCORDANCE WITH THE COMMISSIONER'S REGU- LATIONS; (D) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART- MENT; AND (G) FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS TO THE DEPARTMENT FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL LICENSE, AND A FEE OF TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL REGIS- TRATION PERIOD. 2. IN LIEU OF THE EDUCATION AND EXPERIENCE REQUIREMENTS SPECIFIED IN PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF THIS SECTION, TWELVE YEARS OF PRACTICAL EXPERIENCE IN GEOLOGICAL WORK OF A GRADE AND CHARACTER SATISFACTORY TO THE BOARD MAY BE ACCEPTED BY THE DEPARTMENT. 3. AN APPLICANT WHO APPLIES FOR LICENSURE WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL BE QUALIFIED FOR A LICENSE AS A LICENSED GEOLOGIST WITHOUT A WRITTEN EXAMINATION IF THE APPLICANT HAS SATISFIED THE REQUIREMENTS OF EDUCATION AND EXPERIENCE DESCRIBED IN PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OR SUBDIVISION TWO OF THIS SECTION NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION. S 2. Subdivision 3 of section 7207 of the education law is renumbered subdivision 4 and a new subdivision 3 is added to read as follows: 3. ON RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO PRACTICE AS A LICENSED GEOLOGIST TO A GEOLOGIST NOT A RESIDENT OF THIS STATE AND HAVING NO ESTABLISHED PLACE OF PRACTICE IN THIS STATE WHO IS LEGALLY QUALIFIED TO PRACTICE AS SUCH IN HIS OR HER OWN COUNTRY OR STATE WITH STANDARDS EQUIVALENT TO THOSE ENUMERATED IN THIS ARTICLE AND WHO SUBMITS EVIDENCE SATISFACTORY TO THE BOARD ESTABLISHED AND RECOGNIZED PROFESSIONAL STANDING IN HIS OR HER OWN COUNTRY OR STATE AND WHO SUBMITS SATISFACTORY CERTIFICATION AS TO CHARACTER AND QUALIFICA- TIONS FROM AT LEAST TWO LICENSED PROFESSIONAL GEOLOGISTS, ONE OF WHOM SHALL BE A RESIDENT OF THIS STATE. SUCH LIMITED PERMIT SHALL BE ISSUED SOLELY IN CONNECTION WITH THE SPECIFIC PROJECT FOR WHICH SUCH LIMITED PERMIT IS GRANTED. THE FEE FOR EACH LIMITED PERMIT SHALL BE ONE HUNDRED FIVE DOLLARS. S 3. The section heading of section 7208 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows: Exempt persons FOR THE PROFESSIONS OF ENGINEERING AND LAND SURVEYING. S 4. The education law is amended by adding a new section 7208-a to read as follows: S 7208-A. EXEMPT PERSONS IN OR RELATED TO THE PROFESSION OF GEOLOGY. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AFFECT OR PREVENT: 1. THE EMPLOYMENT AND SUPERVISION OF INTERNS AND OTHER PERSONS QUALI- FIED BY EDUCATION OR EXPERIENCE BY LICENSED GEOLOGISTS AS ASSISTANTS IN THE PERFORMANCE OF GEOLOGICAL SERVICES, OR AS CONSULTANTS OR EMPLOYEES
IN SPECIAL FIELDS RELATED TO BUT NOT UNIQUELY GEOLOGY, PROVIDED THAT THE LICENSED GEOLOGIST EMPLOYING OR SUPERVISING SUCH PERSONS SHALL NOT BE RELIEVED OF ANY RESPONSIBILITY WHATSOEVER BY DELEGATION TO SUCH PERSONS. 2. THE PRACTICE OF PROFESSIONAL ENGINEERING BY A PROFESSIONAL ENGINEER LICENSED PURSUANT TO THIS ARTICLE TO PRACTICE ENGINEERING IN THIS STATE OR AN ENTITY AUTHORIZED PURSUANT TO SECTION SEVENTY-TWO HUNDRED TEN OF THIS ARTICLE TO PROVIDE ENGINEERING IN THIS STATE, INCLUDING THE INVES- TIGATION, ACQUISITION, EVALUATION, AND INTERPRETATION OF THE PHYSICAL AND CHEMICAL PROPERTIES OF THE SOIL, ROCK, GROUNDWATER, EARTH MATERIALS AND DATA RELATED THERETO, AND THE PERFORMANCE OF ACTIVITIES AS SPECIFIED IN SECTION SEVENTY-TWO HUNDRED FOUR-A OF THIS ARTICLE, PROVIDED THAT NO SUCH PERSON SHALL USE THE DESIGNATION, OR HOLD HIMSELF OR HERSELF OUT AS A "LICENSED PROFESSIONAL GEOLOGIST," UNLESS LICENSED AS SUCH IN THIS STATE. 3. THE PRACTICE OF LAND SURVEYING BY ANY PERSON THAT IS LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE LAND SURVEYING IN THIS STATE, PROVIDED THAT NO SUCH PERSON SHALL USE THE DESIGNATION OR HOLD HIMSELF OR HERSELF OUT AS A "LICENSED PROFESSIONAL GEOLOGIST" UNLESS LICENSED AS SUCH IN THIS STATE. 4. THE EXECUTION OF WORK BY CONTRACTORS OR BY OTHERS OF WORK PREPARED BY A LICENSED GEOLOGIST, OR THE SUPERINTENDENCE OF SUCH WORK AS A SUPER- INTENDENT, FOREMAN OR INSPECTOR. 5. THE PRACTICE OF THE PROFESSION OF GEOLOGY BY OFFICERS AND EMPLOY- EES OF THIS STATE PRACTICING SOLELY AS OFFICERS AND EMPLOYEES; PROVIDED, HOWEVER, THAT THIS EXEMPTION SHALL NOT APPLY TO OFFICERS AND EMPLOYEES OF THE STATE OF NEW YORK WHO COMMENCE EMPLOYMENT OR THE PERFORMANCE OF WORK RELATED ACTIVITIES AFTER THE EFFECTIVE DATE OF THIS SECTION. 6. THE EXECUTION OF GEOLOGICAL RESEARCH AND/OR TEACHING CONDUCTED AT ACCREDITED EDUCATIONAL INSTITUTIONS AND NOT-FOR-PROFIT RESEARCH INSTI- TUTIONS, CONDUCTED SOLELY THROUGH THOSE INSTITUTIONS. 7. WORK CUSTOMARILY PERFORMED BY PHYSICAL OR NATURAL SCIENTISTS PROVIDED SUCH WORK DOES NOT INCLUDE GEOLOGICAL INVESTIGATIONS, BEING IN RESPONSIBLE CHARGE OF GEOLOGICAL WORK, OR THE DRAWING OF GEOLOGICAL CONCLUSIONS AND RECOMMENDATIONS. 8. WORK CUSTOMARILY PERFORMED BY WELL DRILLERS CERTIFIED PURSUANT TO THE PROVISIONS OF THE ENVIRONMENTAL CONSERVATION LAW. S 5. The section heading of section 7209 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows: Special provisions FOR THE PROFESSIONS OF ENGINEERING AND LAND SURVEY- ING. S 6. The education law is amended by adding a new section 7209-a to read as follows: S 7209-A. SPECIAL PROVISIONS FOR THE PROFESSION OF GEOLOGY. 1. EVERY LICENSED GEOLOGIST SHALL HAVE A SEAL, APPROVED BY THE BOARD, WHICH SHALL CONTAIN THE NAME OF THE LICENSED GEOLOGIST AND THE WORDS "LICENSED PROFESSIONAL GEOLOGIST" AND SUCH OTHER WORDS OR FIGURES AS THE BOARD MAY DEEM NECESSARY. ALL GEOLOGICAL DRAWINGS AND REPORTS, PREPARED BY SUCH GEOLOGIST OR BY A FULL-TIME OR PART-TIME SUBORDINATE EMPLOYED UNDER HIS OR HER SUPERVISION, SHALL BE STAMPED WITH SUCH SEAL AND SHALL ALSO BE SIGNED ON THE ORIGINAL WITH THE PERSONAL SIGNATURE OF SUCH GEOLOGIST WHEN FILED WITH APPROPRIATE PUBLIC OFFICIALS. NO OFFICIAL OF THIS STATE, OR OF ANY COUNTY, CITY, TOWN OR VILLAGE THEREIN, CHARGED WITH THE ENFORCEMENT OF LAWS, ORDINANCES OR REGULATIONS SHALL ACCEPT OR APPROVE ANY GEOLOGIC DRAWINGS OR REPORTS THAT ARE NOT STAMPED:
(A) WITH THE SEAL OF A LICENSED PROFESSIONAL GEOLOGIST AND BEARING THE AUTHORIZED FACSIMILE OF THE SIGNATURE OF SUCH LICENSED PROFESSIONAL GEOLOGIST; (B) WITH THE OFFICIAL SEAL AND AUTHORIZED FACSIMILE OF THE SIGNATURE OF A GEOLOGIST WHO HAS BEEN GRANTED A LIMITED PERMIT PURSUANT TO SUBDI- VISION THREE OF SECTION SEVENTY-TWO HUNDRED SEVEN OF THIS ARTICLE, PROVIDED THAT THE GEOLOGIC DRAWINGS AND REPORTS ARE ACCOMPANIED BY AND HAVE ATTACHED THERETO WRITTEN AUTHORIZATION ISSUED BY THE DEPARTMENT CERTIFYING TO THE GRANTING OF SUCH LIMITED PERMIT; OR (C) WITH THE SEAL OF A LICENSED PROFESSIONAL ENGINEER AND BEARING THE AUTHORIZED FACSIMILE OF THE SIGNATURE OF SUCH LICENSED PROFESSIONAL ENGINEER; PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO EXPAND THE SCOPE OF THE PRACTICE OF A LICENSED PROFESSIONAL ENGINEER AS DEFINED IN SECTION SEVENTY-TWO HUNDRED ONE OF THIS ARTICLE. 2. ALL GEOLOGIC DRAWINGS AND REPORTS TO WHICH SUCH SEAL HAS BEEN APPLIED SHALL ALSO BE STAMPED WITH APPROPRIATE WORDING WARNING THAT IT IS A VIOLATION OF THIS LAW FOR ANY PERSON, UNLESS HE OR SHE IS ACTING UNDER THE DIRECTION OF A LICENSED GEOLOGIST OR PROFESSIONAL ENGINEER, TO ALTER A DRAWING OR REPORT IN ANY WAY. IF AN ITEM BEARING THE SEAL OF A LICENSED PROFESSIONAL GEOLOGIST OR PROFESSIONAL ENGINEER IS ALTERED, THE ALTERING PARTY SHALL AFFIX TO THE ITEM HIS OR HER SEAL AND THE NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND THE DATE OF SUCH ALTERATION, AND A SPECIFIC DESCRIPTION OF THE ALTERATION. 3. ENGINEERS, LAND SURVEYORS, ARCHITECTS, LANDSCAPE ARCHITECTS AND LICENSED GEOLOGISTS MAY JOIN IN THE FORMATION OF A JOINT-ENTERPRISE, A PARTNERSHIP, A PROFESSIONAL SERVICE CORPORATION OR A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, OR MAY FORM ANY DESIRED COMBINATION OF SUCH PROFESSIONS, AND MAY USE IN THE NAME OF SUCH ENTITY OR ENTITIES THE TITLE OF ANY OF THE PROFESSIONS WHICH WILL BE PRACTICED. AFTER THE NAME OF EACH MEMBER, HIS OR HER PROFESSION SHALL BE INDICATED. 4. A LICENSED PROFESSIONAL GEOLOGIST IS NOT AUTHORIZED TO PRACTICE PROFESSIONAL ENGINEERING UNLESS HE OR SHE IS LICENSED AS A PROFESSIONAL ENGINEER PURSUANT TO THIS ARTICLE. S 7. Subdivision 4 of section 7209 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows: 4. Engineers, land surveyors, architects, [and] landscape architects AND LICENSED GEOLOGISTS may join in the formation of a joint enterprise, [or] a partnership [or], a professional service corporation, A PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY OR A REGISTERED LIMITED LIABIL- ITY PARTNERSHIP, or may form any desired combination of such professions and may use in the name of such [corporation] ENTITY OR ENTITIES the title of any of the professions which will be practiced. After the name of each member his OR HER profession shall be indicated. S 8. Subdivision 2 of section 7307 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows: 2. Engineers, land surveyors, architects [and], landscape architects AND LICENSED GEOLOGISTS may join in the formation of a joint enterprise, [or] a partnership [or], a professional service corporation, A PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY OR A REGISTERED LIMITED LIABIL- ITY PARTNERSHIP, or may form any desired combination of such professions and may use in the name of such corporation the title of any of the professions which will be practiced. After the name of each member his OR HER profession shall be indicated. S 9. The article heading of article 145 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows:
ENGINEERING [AND], LAND SURVEYING AND GEOLOGY S 10. Section 7200 of the education law, as added by chapter 987 of the laws of 1971, is amended to read as follows: S 7200. Introduction. This article applies to the professions of engineering [and], land surveying AND GEOLOGY. The general provisions for all professions contained in article one hundred thirty of this title apply to this article. S 11. Section 7205 of the education law, as amended by chapter 521 of the laws of 1998, is amended to read as follows: S 7205. State board for engineering [and], land surveying AND GEOLOGY. A state board for engineering [and], land surveying AND GEOLOGY shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and professional conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of not less than seven professional engineers and not less than two land surveyors licensed in this state AND NOT LESS THAN TWO GEOLO- GISTS LICENSED IN THIS STATE. An executive secretary to the board shall be appointed by the board of regents on recommendation of the commis- sioner and shall be a professional engineer [or], land surveyor OR GEOL- OGIST licensed in this state. S 12. Paragraph (a) of section 1503 of the business corporation law, as added by chapter 974 of the laws of 1970, is amended to read as follows: (a) Notwithstanding any other provision of law, one or more individ- uals duly authorized by law to render the same professional service within the state may organize, or cause to be organized, a professional service corporation for pecuniary profit under this article for the purpose of rendering the same professional service, except that one or more individuals duly authorized by law to practice professional engi- neering, architecture, landscape architecture [or], land surveying OR GEOLOGY within the state may organize, or cause to be organized, a professional service corporation for pecuniary profit under this article for the purpose of rendering such professional services as such individ- uals are authorized to practice. S 13. Paragraph (b) of section 1504 of the business corporation law, as added by chapter 974 of the laws of 1970, is amended to read as follows: (b) Each final plan and report made or issued by a corporation prac- ticing professional engineering, architecture, landscape architecture [or], land surveying OR GEOLOGY shall bear the name and seal of one or more professional engineers, architects, landscape architects, [or] land surveyors OR GEOLOGISTS, respectively, who are in responsible charge of such plan or report. S 14. Subdivision (a) of section 1203 of the limited liability company law, as separately amended by chapters 420 and 676 of the laws of 2002, is amended to read as follows: (a) Notwithstanding the education law or any other provision of law, one or more professionals each of whom is authorized by law to render a professional service within the state, or one or more professionals, at least one of whom is authorized by law to render a professional service within the state, may form, or cause to be formed, a professional service limited liability company for pecuniary profit under this arti- cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes- sional service limited liability company formed to provide medical services as such services are defined in article 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liabil- ity company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architec- tural [and/or], landscape architectural AND/OR GEOLOGICAL services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the education law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a professional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liabil- ity company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. In addition to engaging in such profession or professions, a professional service limited liability company may engage in any other business or activities as to which a limited liability company may be formed under section two hundred one of this chapter. Notwithstanding any other provision of this section, a professional service limited liability company (i) authorized to practice law may only engage in another profession or business or activities or (ii) which is engaged in a profession or other business or activities other than law may only engage in the practice of law, to the extent not prohibited by any other law of this state or any rule adopted by the
appropriate appellate division of the supreme court or the court of appeals. S 15. Subdivision (b) of section 1207 of the limited liability company law, as separately amended by chapters 420 and 676 of the laws of 2002, is amended to read as follows: (b) with respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural [and/or], landscape architectural AND/OR GEOLOGICAL services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. With respect to a professional service limit- ed liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the education law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clin- ical social work in this state. With respect to a professional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in arti- cle 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. S 16. Subdivision (q) of section 121-1500 of the partnership law, as separately amended by chapters 420 and 676 of the laws of 2002, is amended to read as follows: (q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and
each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each partner of a registered limited liability partnership formed to provide professional engineering, GEOLOGICAL SERVICES, land surveying, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clin- ical social work in this state. Each partner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to arti- cle 163 of the education law to practice marriage and family therapy in this state. Each partner of a registered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. S 17. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 230 of the laws of 2004, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each partner of a foreign limited liability partnership which provides professional engi- neering, land surveying, GEOLOGICAL SERVICES, architectural and/or land- scape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a foreign limited liability part- nership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liability partnership which provides mental health coun-
seling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a foreign limited liability partnership which provides psychoanalysis services in this state must be licensed pursuant to arti- cle 163 of the education law to practice psychoanalysis in this state. S 18. This act shall take effect three years after the date on which it shall have become a law.

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