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A04753 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        4753--D

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 8, 2013
                                      ___________

       Introduced  by M. of A. ENGLEBRIGHT, CAHILL, ROSENTHAL, COLTON, SCHIMEL,
         JAFFEE, LUPARDO, ABINANTI, THIELE, COOK,  STECK,  ROBERTS,  MONTESANO,
         WALTER, SANTABARBARA, LUPINACCI, LIFTON -- Multi-Sponsored by -- M. of
         A.  ARROYO, BRENNAN, CUSICK, DUPREY, FAHY, GUNTHER, JACOBS, McDONOUGH,
         SWEENEY,  TITONE  -- read once and referred to the Committee on Higher
         Education -- 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  recommit-
         ted to said committee -- recommitted to the Committee on Higher Educa-
         tion  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  amend-
         ments, 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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08800-11-4
       A. 4753--D                          2

    1  for  all  professions  contained  in  article one hundred thirty of this
    2  title apply to this article.
    3    S 3. The education law is amended by adding three new sections 7204-a,
    4  7204-b and 7206-b to read as follows:
    5    S 7204-A. DEFINITION OF THE PROFESSION OF GEOLOGY. THE PRACTICE OF THE
    6  PROFESSION OF GEOLOGY IS DEFINED AS PERFORMING PROFESSIONAL SERVICE SUCH
    7  AS   RESEARCHING,  INVESTIGATING,  CONSULTING  AND  GEOLOGICAL  MAPPING,
    8  DESCRIBING THE NATURAL PROCESSES THAT ACT UPON  THE  EARTH'S  MATERIALS,
    9  PREDICTING  THE PROBABLE OCCURRENCE OF NATURAL RESOURCES, PREDICTING AND
   10  LOCATING NATURAL OR HUMAN-INDUCED  PHENOMENA  WHICH  MAY  BE  USEFUL  OR
   11  HAZARDOUS  TO  HUMANKIND  AND  RECOGNIZING,  DETERMINING  AND EVALUATING
   12  GEOLOGICAL FACTORS, AND THE INSPECTION  AND  PERFORMANCE  OF  GEOLOGICAL
   13  WORK  AND  THE  RESPONSIBLE  SUPERVISION  THEREOF  IN FURTHERANCE OF THE
   14  HEALTH, SAFETY AND  WELFARE  OF  THE  PUBLIC;  PROVIDED,  HOWEVER,  THAT
   15  GEOLOGICAL  MAPPING  SHALL NOT INCLUDE THE PRACTICE OF LAND SURVEYING AS
   16  DEFINED IN SECTION SEVENTY-TWO HUNDRED THREE OF THIS ARTICLE.
   17    S 7204-B. PRACTICE OF GEOLOGY AND THE USE OF TITLE "PROFESSIONAL GEOL-
   18  OGIST".  ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTI-
   19  CLE SHALL PRACTICE GEOLOGY OR USE THE TITLE "PROFESSIONAL GEOLOGIST".
   20    S 7206-B. REQUIREMENTS FOR A LICENSE AS A PROFESSIONAL  GEOLOGIST.  1.
   21  TO QUALIFY FOR A LICENSE AS A PROFESSIONAL GEOLOGIST, AN APPLICANT SHALL
   22  FULFILL THE FOLLOWING REQUIREMENTS:
   23    (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   24    (B)  EDUCATION:  HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
   25  HIGHER DEGREE IN GEOLOGICAL SCIENCES, IN ACCORDANCE WITH THE COMMISSION-
   26  ER'S REGULATIONS;
   27    (C) EXPERIENCE: HAVE AT LEAST FIVE YEARS PRACTICAL  EXPERIENCE  SATIS-
   28  FACTORY  TO  THE BOARD IN APPROPRIATE GEOLOGICAL WORK; UP TO ONE YEAR OF
   29  EXPERIENCE MAY BE CREDITED FOR AN ADVANCED DEGREE (MASTERS, DOCTORATE OR
   30  AN EQUIVALENT THEREOF)  IN  ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
   31  LATIONS;
   32    (D)  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
   33  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   34    (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   35    (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
   36  MENT; AND
   37    (G) FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS  TO  THE  DEPARTMENT
   38  FOR  ADMISSION  TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
   39  LICENSE, AND A FEE OF TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL  REGIS-
   40  TRATION PERIOD.
   41    2.  IN  LIEU  OF  THE  DEGREE AND EXPERIENCE REQUIREMENTS SPECIFIED IN
   42  PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF THIS SECTION, TWELVE  YEARS
   43  OF  PRACTICAL  EXPERIENCE  IN  GEOLOGICAL  WORK OF A GRADE AND CHARACTER
   44  SATISFACTORY TO THE BOARD MAY BE ACCEPTED BY THE DEPARTMENT.
   45    3.  FOR AN IDENTIFICATION CARD AS AN "INTERN GEOLOGIST", AN  APPLICANT
   46  SHALL  FULFILL  THE  REQUIREMENTS  OF  SUBDIVISION  ONE OF THIS SECTION,
   47  EXCEPT THOSE IN PARAGRAPHS (C) AND (E)  OF  SUCH  SUBDIVISION,  PROVIDED
   48  THAT  ADMISSION  TO  THE  EXAMINATION MAY BE GIVEN WHEN THE APPLICANT IS
   49  WITHIN TWENTY CREDITS OF THE COMPLETION OF THE REQUIREMENTS OF THE BACH-
   50  ELOR'S DEGREE OR HIGHER AS PRESCRIBED IN PARAGRAPH  (B)  OF  SUBDIVISION
   51  ONE  OF THIS SECTION, OR HAS COMPLETED THE PRACTICAL EXPERIENCE REQUIRE-
   52  MENT OF SUBDIVISION TWO OF THIS SECTION. THE FEE FOR THE EXAMINATION AND
   53  IDENTIFICATION CARD AS AN "INTERN GEOLOGIST" SHALL  BE  SEVENTY  DOLLARS
   54  AND THE FEE FOR EACH REEXAMINATION SHALL BE SEVENTY DOLLARS.
   55    4.  AN  APPLICANT  WHO APPLIES FOR LICENSURE WITHIN ONE YEAR AFTER THE
   56  EFFECTIVE DATE OF THIS SECTION SHALL BE QUALIFIED FOR  A  LICENSE  AS  A
       A. 4753--D                          3

    1  PROFESSIONAL  GEOLOGIST  WITHOUT  A WRITTEN EXAMINATION IF THE APPLICANT
    2  HAS SATISFIED THE REQUIREMENTS OF  EDUCATION  AND  DEGREE  DESCRIBED  IN
    3  PARAGRAPHS  (B)  AND  (C)  OF SUBDIVISION ONE OR SUBDIVISION TWO OF THIS
    4  SECTION NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
    5    S  4.  Section 7205 of the education law, as amended by chapter 521 of
    6  the laws of 1998, is amended to read as follows:
    7    S 7205. State board for engineering [and], land surveying AND GEOLOGY.
    8  A state board for engineering [and], land surveying AND GEOLOGY shall be
    9  appointed by the board of regents on recommendation of the  commissioner
   10  for  the purpose of assisting the board of regents and the department on
   11  matters of professional licensing and professional conduct in accordance
   12  with section sixty-five hundred eight of this title. The board shall  be
   13  composed  of  not less than seven professional engineers [and], not less
   14  than two land surveyors AND NOT LESS THAN  TWO  PROFESSIONAL  GEOLOGISTS
   15  licensed  in  this state.   An executive secretary to the board shall be
   16  appointed by the board of regents on recommendation of the  commissioner
   17  and shall be a professional engineer [or], land surveyor OR PROFESSIONAL
   18  GEOLOGIST licensed in this state.
   19    S  5.  Subdivision 2 of section 7207 of the education law, as added by
   20  chapter 987 of the laws of 1971, is amended to read as follows:
   21    2. A limited permit to practice as a professional engineer [or],  land
   22  surveyor  OR  PROFESSIONAL  GEOLOGIST in this state may be issued by the
   23  department to a person not a resident in this state and having no estab-
   24  lished place of practice in this state,  when  such  practice  does  not
   25  aggregate more than thirty days in any calendar year, provided that such
   26  person is legally qualified to practice in his own state or country. The
   27  limited  permit  authorizing  such right to practice in this state shall
   28  specify the dates within the calendar year when such right may be  exer-
   29  cised.
   30    S  6. Subdivision 3 of section 7207 of the education law is renumbered
   31  subdivision 4 and a new subdivision 3 is added to read as follows:
   32    3. ON RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A  LIMITED
   33  PERMIT  TO  PRACTICE GEOLOGY TO A GEOLOGIST NOT A RESIDENT OF THIS STATE
   34  AND HAVING NO ESTABLISHED PLACE OF PRACTICE IN THIS STATE WHO IS LEGALLY
   35  QUALIFIED TO PRACTICE AS SUCH IN HIS OR HER OWN COUNTRY  OR  STATE  WITH
   36  STANDARDS EQUIVALENT TO THOSE ENUMERATED IN THIS ARTICLE AND WHO SUBMITS
   37  EVIDENCE  SATISFACTORY  TO  THE BOARD ESTABLISHED AND RECOGNIZED PROFES-
   38  SIONAL STANDING IN HIS OR HER OWN  COUNTRY  OR  STATE  AND  WHO  SUBMITS
   39  SATISFACTORY  CERTIFICATION  AS  TO CHARACTER AND QUALIFICATIONS FROM AT
   40  LEAST TWO PROFESSIONAL GEOLOGISTS, ONE OF WHOM SHALL BE  A  RESIDENT  OF
   41  THIS  STATE.  SUCH  LIMITED  PERMIT SHALL BE ISSUED SOLELY IN CONNECTION
   42  WITH THE SPECIFIC PROJECT FOR WHICH SUCH LIMITED PERMIT IS GRANTED.
   43    S 7. The section heading of section 7208  of  the  education  law,  as
   44  added by chapter 987 of the laws of 1971, is amended to read as follows:
   45    Exempt persons FOR THE PROFESSIONS OF ENGINEERING AND LAND SURVEYING.
   46    S  8.  The  education law is amended by adding a new section 7208-a to
   47  read as follows:
   48    S 7208-A. EXEMPT PERSONS IN OR RELATED TO THE PROFESSION  OF  GEOLOGY.
   49  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AFFECT OR PREVENT:
   50    1.  THE EMPLOYMENT AND SUPERVISION OF INTERNS AND OTHER PERSONS QUALI-
   51  FIED BY EDUCATION OR EXPERIENCE BY PROFESSIONAL GEOLOGISTS AS ASSISTANTS
   52  IN THE PERFORMANCE OF GEOLOGICAL SERVICES, OR AS CONSULTANTS OR  EMPLOY-
   53  EES IN SPECIAL FIELDS RELATED TO BUT NOT UNIQUELY GEOLOGY, PROVIDED THAT
   54  THE  PROFESSIONAL  GEOLOGIST EMPLOYING OR SUPERVISING SUCH PERSONS SHALL
   55  NOT BE RELIEVED OF ANY RESPONSIBILITY WHATSOEVER BY DELEGATION  TO  SUCH
   56  PERSONS.
       A. 4753--D                          4

    1    2. THE PRACTICE OF PROFESSIONAL ENGINEERING BY A PROFESSIONAL ENGINEER
    2  LICENSED  PURSUANT TO THIS ARTICLE TO PRACTICE ENGINEERING IN THIS STATE
    3  OR AN ENTITY AUTHORIZED PURSUANT TO SECTION SEVENTY-TWO HUNDRED  TEN  OF
    4  THIS  ARTICLE TO PROVIDE ENGINEERING IN THIS STATE, INCLUDING THE INVES-
    5  TIGATION,  ACQUISITION,  EVALUATION,  AND INTERPRETATION OF THE PHYSICAL
    6  AND CHEMICAL PROPERTIES OF THE SOIL, ROCK, GROUNDWATER, EARTH  MATERIALS
    7  AND DATA RELATED THERETO, AND THE PERFORMANCE OF ACTIVITIES AS SPECIFIED
    8  IN  SECTION SEVENTY-TWO HUNDRED FOUR-A OF THIS ARTICLE, PROVIDED THAT NO
    9  SUCH PERSON SHALL USE THE DESIGNATION, OR HOLD HIMSELF OR HERSELF OUT AS
   10  A "PROFESSIONAL GEOLOGIST," UNLESS LICENSED AS SUCH IN THIS  STATE,  AND
   11  PROVIDED  FURTHER THAT NOTHING IN THIS CHAPTER SHALL PRECLUDE A LICENSED
   12  PROFESSIONAL ENGINEER OR AUTHORIZED ENTITY FROM OFFERING TO  PROVIDE  OR
   13  PROVIDING  THE WORK ENUMERATED IN THIS SUBDIVISION, HOWEVER CATEGORIZED,
   14  ON THE GROUNDS THAT SUCH LICENSED PROFESSIONAL  ENGINEER  OR  AUTHORIZED
   15  ENTITY IS NOT LICENSED TO PRACTICE GEOLOGY.
   16    3.  THE  PRACTICE  OF LAND SURVEYING BY ANY PERSON THAT IS LICENSED OR
   17  OTHERWISE AUTHORIZED TO PRACTICE LAND SURVEYING IN THIS STATE,  PROVIDED
   18  THAT NO SUCH PERSON SHALL USE THE DESIGNATION OR HOLD HIMSELF OR HERSELF
   19  OUT AS A "PROFESSIONAL GEOLOGIST" UNLESS LICENSED AS SUCH IN THIS STATE.
   20    4.  THE EXECUTION OF WORK BY CONTRACTORS OR BY OTHERS OF WORK PREPARED
   21  BY A PROFESSIONAL GEOLOGIST, OR THE SUPERINTENDENCE OF SUCH  WORK  AS  A
   22  SUPERINTENDENT, FOREMAN OR INSPECTOR.
   23    5.   THE PRACTICE OF THE PROFESSION OF GEOLOGY BY OFFICERS AND EMPLOY-
   24  EES OF THIS STATE PRACTICING SOLELY AS OFFICERS AND EMPLOYEES; PROVIDED,
   25  HOWEVER, THAT THIS EXEMPTION SHALL NOT APPLY TO OFFICERS  AND  EMPLOYEES
   26  OF  THE  STATE OF NEW YORK WHO COMMENCE EMPLOYMENT OR THE PERFORMANCE OF
   27  WORK RELATED ACTIVITIES AFTER THE EFFECTIVE DATE OF THIS SECTION.
   28    6. THE EXECUTION OF GEOLOGICAL RESEARCH AND/OR TEACHING  CONDUCTED  AT
   29  ACCREDITED  EDUCATIONAL  INSTITUTIONS AND NOT-FOR-PROFIT RESEARCH INSTI-
   30  TUTIONS, CONDUCTED SOLELY THROUGH THOSE INSTITUTIONS.
   31    7. WORK  CUSTOMARILY  PERFORMED  BY  PHYSICAL  OR  NATURAL  SCIENTISTS
   32  PROVIDED  SUCH WORK DOES NOT INCLUDE GEOLOGICAL INVESTIGATIONS, BEING IN
   33  RESPONSIBLE CHARGE OF GEOLOGICAL WORK,  OR  THE  DRAWING  OF  GEOLOGICAL
   34  CONCLUSIONS AND RECOMMENDATIONS.
   35    8. WORK CUSTOMARILY PERFORMED BY WATER WELL DRILLERS WHO HAVE RECEIVED
   36  A  CERTIFICATE  OF REGISTRATION PURSUANT TO SECTION 15-1525 OF THE ENVI-
   37  RONMENTAL CONSERVATION LAW.
   38    S 9. Subdivisions 1, 2 and 4 of section 7209  of  the  education  law,
   39  subdivisions  1  and  2 as added by chapter 987 of the laws of 1971, the
   40  opening paragraph of subdivision 1 as amended by chapter 994 of the laws
   41  of 1971 and subdivision 4 as amended by chapter 550 of the laws of 2011,
   42  are amended to read as follows:
   43    1. Every professional engineer [and every], land surveyor AND  PROFES-
   44  SIONAL  GEOLOGIST  shall have a seal, approved by the board, which shall
   45  contain the name of the professional engineer and  the  words  "Licensed
   46  Professional Engineer" [or], the name of the land surveyor and the words
   47  "Licensed  Land  Surveyor" OR THE NAME OF THE PROFESSIONAL GEOLOGIST AND
   48  THE WORDS "LICENSED PROFESSIONAL GEOLOGIST", and  such  other  words  or
   49  figures  as  the  board  may  deem necessary. All plans, specifications,
   50  plats and reports relating to the construction or alteration  of  build-
   51  ings  or  structures,  OR GEOLOGIC DRAWINGS AND REPORTS prepared by such
   52  professional  engineer  [and],  all  plans,  specifications,  plats  and
   53  reports  prepared  by  such  land surveyor AND ALL GEOLOGIC DRAWINGS AND
   54  REPORTS PREPARED BY SUCH PROFESSIONAL GEOLOGIST or  by  a  full-time  or
   55  part-time  subordinate  under  his  OR HER supervision, shall be stamped
   56  with such seal and shall also  be  signed,  on  the  original  with  the
       A. 4753--D                          5

    1  personal  signature of such professional engineer [or], land surveyor OR
    2  PROFESSIONAL GEOLOGIST when filed with public officials. No official  of
    3  this  state,  or  of  any city, county, town or village therein, charged
    4  with  the enforcement of laws, ordinances or regulations shall accept or
    5  approve any plans [or], specifications, OR GEOLOGIC DRAWINGS OR  REPORTS
    6  that are not stamped:
    7    a.  With  the  seal  of  an architect or professional engineer or land
    8  surveyor OR PROFESSIONAL GEOLOGIST licensed in this  state  and  bearing
    9  the  authorized  facsimile of the signature of such architect or profes-
   10  sional engineer or land surveyor OR PROFESSIONAL GEOLOGIST, or
   11    b. With the official seal and authorized facsimile of the signature of
   12  a professional engineer or land surveyor OR PROFESSIONAL GEOLOGIST not a
   13  resident of this state and having no established business in this state,
   14  but who is legally qualified to practice as such in his OR HER own state
   15  or country, provided that such person may lawfully practice as  such  in
   16  this state, and provided further that the plans [or], specifications, OR
   17  GEOLOGIC DRAWINGS OR REPORTS are accompanied by and have attached there-
   18  to  written  authorization  issued  by the department certifying to such
   19  right to practice at such time.
   20    2. A. To all plans, specifications, plats and  reports  to  which  the
   21  seal of a professional engineer or land surveyor has been applied, there
   22  shall  also  be applied a stamp with appropriate wording warning that it
   23  is a violation of this [law] ARTICLE for any person, unless he OR SHE is
   24  acting under the direction of a licensed professional engineer  or  land
   25  surveyor, to alter an item in any way. If an item bearing the seal of an
   26  engineer  or  land  surveyor  is  altered, the altering engineer or land
   27  surveyor shall affix to the item  his  OR  HER  seal  and  the  notation
   28  "altered  by"  followed  by  his  OR  HER signature and the date of such
   29  alteration, and a specific description of the alteration.
   30    B. TO ALL GEOLOGIC DRAWINGS AND REPORTS TO WHICH THE SEAL OF A PROFES-
   31  SIONAL GEOLOGIST OR PROFESSIONAL ENGINEER HAS BEEN APPLIED, THERE  SHALL
   32  ALSO  BE  APPLIED  A STAMP WITH APPROPRIATE WORDING WARNING THAT IT IS A
   33  VIOLATION OF THIS ARTICLE FOR ANY PERSON, UNLESS HE  OR  SHE  IS  ACTING
   34  UNDER  THE  DIRECTION  OF A PROFESSIONAL GEOLOGIST OR PROFESSIONAL ENGI-
   35  NEER, TO ALTER A DRAWING OR REPORT IN ANY WAY. IF AN  ITEM  BEARING  THE
   36  SEAL  OF  A  LICENSED PROFESSIONAL GEOLOGIST OR PROFESSIONAL ENGINEER IS
   37  ALTERED, THE ALTERING PARTY SHALL AFFIX TO THE ITEM HIS OR HER SEAL  AND
   38  THE  NOTATION "ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND THE DATE
   39  OF SUCH ALTERATION, AND A SPECIFIC DESCRIPTION OF THE ALTERATION.  NOTH-
   40  ING  CONTAINED  IN  THIS  ARTICLE SHALL BE DEEMED TO AUTHORIZE A PROFES-
   41  SIONAL GEOLOGIST TO PRACTICE PROFESSIONAL ENGINEERING UNLESS HE  OR  SHE
   42  IS LICENSED AS A PROFESSIONAL ENGINEER PURSUANT TO THIS ARTICLE.
   43    4.  Engineers,  land  surveyors, GEOLOGISTS, architects, and landscape
   44  architects may join in the formation of a joint enterprise, or  a  part-
   45  nership  or  a professional service corporation or a design professional
   46  service  corporation  or  may  form  any  desired  combination  of  such
   47  professions and may use in the name of such corporation the title of any
   48  of  the  professions  which  will  be  practiced. After the name of each
   49  member his or her profession shall be indicated.
   50    S 10. Subdivision 1 of section 7210 of the education law,  as  amended
   51  by chapter 550 of the laws of 2011, is amended to read as follows:
   52    1.  Domestic  or  foreign  professional  service  corporations, design
   53  professional service corporations, professional service limited  liabil-
   54  ity companies, foreign professional service limited liability companies,
   55  registered  limited  liability partnerships, New York registered foreign
   56  limited liability partnerships, partnerships and joint enterprises spec-
       A. 4753--D                          6

    1  ified in subdivision four of section seventy-two hundred  nine  of  this
    2  article,  provided  each  of  the  foregoing  entities  is authorized to
    3  provide professional engineering [or], land  surveying  OR  PROFESSIONAL
    4  GEOLOGY services and general business corporations authorized to provide
    5  professional engineering or land surveying services pursuant to subdivi-
    6  sion  six  of section seventy-two hundred nine of this article may offer
    7  to provide or provide professional engineering [or], land  surveying  OR
    8  PROFESSIONAL  GEOLOGY  services  only  after  obtaining a certificate of
    9  authorization from the department. Except  as  otherwise  authorized  by
   10  statute,  rule or regulation, other business entities are not authorized
   11  to offer or provide professional engineering  [or],  land  surveying  OR
   12  PROFESSIONAL GEOLOGY services and may not obtain certificates of author-
   13  ization  provided  that nothing contained herein shall prohibit an indi-
   14  vidual who is licensed to practice professional engineering  [or],  land
   15  surveying  OR  PROFESSIONAL  GEOLOGY under this article from obtaining a
   16  certificate of authorization upon application and payment of the  appro-
   17  priate fees provided for under this section.
   18    S  11.  Subdivision 2 of section 7307 of the education law, as amended
   19  by chapter 550 of the laws of 2011, is amended to read as follows:
   20    2. Engineers, land surveyors,  GEOLOGISTS,  architects  and  landscape
   21  architects  may  join in the formation of a joint enterprise, or a part-
   22  nership or a professional service corporation or a  design  professional
   23  service  corporation  or  may  form  any  desired  combination  of  such
   24  professions and may use in the name of such corporation the title of any
   25  of the professions which will be  practiced.  After  the  name  of  each
   26  member his or her profession shall be indicated.
   27    S  12.  Subdivision 2 of section 7327 of the education law, as amended
   28  by chapter 550 of the laws of 2011, is amended to read as follows:
   29    2. Engineers, land surveyors,  GEOLOGISTS,  architects  and  landscape
   30  architects  may  join in the formation of a joint enterprise, or a part-
   31  nership or a professional service corporation or a  design  professional
   32  service  corporation  or  may  form  any  desired  combination  of  such
   33  professions and may use in the name of such corporation the title of any
   34  of the professions which will be  practiced.  After  the  name  of  each
   35  member his or her profession shall be indicated.
   36    S  13.   Paragraphs (g) and (h) of section 1501 of the business corpo-
   37  ration law, as added by chapter 9 of the laws of 2013,  are  amended  to
   38  read as follows:
   39    (g) "Design  professional  service  corporation"  means  a corporation
   40  organized under this article practicing professional engineering, archi-
   41  tecture, landscape architecture, GEOLOGY, or land surveying, or practic-
   42  ing any combination of such professions. The provisions of this  article
   43  applicable  to  professional  service corporations shall apply to design
   44  professional  service  corporations  except  to  the  extent  that   any
   45  provision  is either inconsistent with a provision expressly applying to
   46  design professional service corporations or not relevant thereto.
   47    (h) "Design professional" means an individual licensed and  registered
   48  pursuant  to  title  eight of the education law to practice professional
   49  engineering,  architecture,  landscape  architecture,  GEOLOGY  or  land
   50  surveying.
   51    S  14.  Paragraph (a) of section 1503 of the business corporation law,
   52  as amended by chapter 550 of the laws of 2011, is  amended  to  read  as
   53  follows:
   54    (a)  Notwithstanding  any other provision of law, one or more individ-
   55  uals duly authorized by law to  render  the  same  professional  service
   56  within  the state may organize, or cause to be organized, a professional
       A. 4753--D                          7

    1  service corporation for pecuniary profit  under  this  article  for  the
    2  purpose  of  rendering the same professional service, except that one or
    3  more individuals duly authorized by law to practice  professional  engi-
    4  neering,  architecture,  landscape  architecture [or], land surveying OR
    5  GEOLOGY within the state may organize,  or  cause  to  be  organized,  a
    6  professional service corporation or a design professional service corpo-
    7  ration  for  pecuniary  profit  under  this  article  for the purpose of
    8  rendering such professional services as such individuals are  authorized
    9  to practice.
   10    S 15.  The opening paragraph of paragraph (b-5) of section 1503 of the
   11  business  corporation  law, as amended by chapter 9 of the laws of 2013,
   12  is amended to read as follows:
   13    On or after January first, two thousand twelve,  the  state  education
   14  department  and  the department of state shall allow an existing profes-
   15  sional service corporation organized under this article  and  practicing
   16  professional  engineering, architecture, landscape architecture, GEOLOGY
   17  or land surveying, or practicing any combination of such professions  to
   18  become  a  design  professional  service  corporation as defined in this
   19  article, provided the professional service corporation meets all of  the
   20  requirements  to  become  a  design  professional  service  corporation,
   21  including that its name shall end with the  words  "design  professional
   22  corporation"  or  the abbreviation "D.P.C.", by amending its certificate
   23  of incorporation so that it contains the following statements:
   24    S 16. Paragraph (b) of section 1504 of the business  corporation  law,
   25  as  amended  by  chapter  550 of the laws of 2011, is amended to read as
   26  follows:
   27    (b) Each final plan and report made or issued by a  corporation  prac-
   28  ticing  one  or  more  of  the  professions of professional engineering,
   29  architecture, landscape architecture [or],  land  surveying  OR  GEOLOGY
   30  shall  bear  the  name  and  seal of one or more professional engineers,
   31  architects, landscape architects, [or] land  surveyors  OR  PROFESSIONAL
   32  GEOLOGISTS,  respectively, who are in responsible charge of such plan or
   33  report.
   34    S 17. Section 12 of chapter 550 of the  laws  of  2011,  amending  the
   35  business  corporation  law  and  the  education  law  relating to design
   36  professional service corporations, is REPEALED.
   37    S 18. Section 1516 of the business  corporation  law,  as  amended  by
   38  chapter 564 of the laws of 2011, is amended to read as follows:
   39  S 1516. Corporate mergers, consolidations and other reorganizations.
   40    (a)  Notwithstanding  any  inconsistent provision of this article, AND
   41  SUBJECT TO THE LIMITATIONS IN PARAGRAPH (D) OF THIS SECTION,  a  profes-
   42  sional  service  corporation,  INCLUDING  A  DESIGN PROFESSIONAL SERVICE
   43  CORPORATION, pursuant to the provisions of article nine of this chapter,
   44  may be merged or consolidated with another corporation  formed  pursuant
   45  to  the  provisions  of this chapter [or], with a corporation authorized
   46  and registered to practice the same profession pursuant to the  applica-
   47  ble provisions of subdivision six of section seventy-two hundred nine of
   48  the  education law (engineer or land surveyor) [or], subdivision four of
   49  section seventy-three hundred seven of the education law (architect)  OR
   50  SUBDIVISION  FOUR  OF  SECTION SEVENTY-THREE HUNDRED TWENTY-SEVEN OF THE
   51  EDUCATION LAW (LANDSCAPE ARCHITECT) of [article]  ARTICLES  one  hundred
   52  forty-five,  ONE  HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT of the
   53  education law, or with a foreign corporation, or other  business  entity
   54  practicing the same profession or professions in this state or the state
   55  of  its  formation,  or  may be otherwise reorganized, provided that the
   56  corporation which survives or which is  formed  pursuant  thereto  is  a
       A. 4753--D                          8

    1  professional  service  corporation, A DESIGN PROFESSIONAL SERVICE CORPO-
    2  RATION, a professional service limited liability company  or  a  foreign
    3  professional  service  corporation  practicing  the  same  profession or
    4  professions  in  this  state or the state of incorporation or, if one of
    5  the original corporations is authorized  to  practice  pursuant  to  the
    6  provisions of either subdivision six of section seventy-two hundred nine
    7  [or],  subdivision four of section seventy-three hundred seven OR SUBDI-
    8  VISION FOUR OF SECTION SEVENTY-THREE HUNDRED TWENTY-FOUR OF  THE  EDUCA-
    9  TION  LAW,  a corporation authorized and registered to practice the same
   10  profession pursuant to the applicable provisions of subdivision  six  of
   11  section  seventy-two hundred nine of the education law (engineer or land
   12  surveyor) [or], subdivision four of section seventy-three hundred  seven
   13  of  the  education  law  (architect)  of  [article] ARTICLES one hundred
   14  forty-five, ONE HUNDRED  FORTY-SEVEN  AND  ONE  HUNDRED  FORTY-EIGHT  OR
   15  SUBDIVISION  FOUR  OF  SECTION SEVENTY-THREE HUNDRED TWENTY-SEVEN of the
   16  education law.
   17    (b) If the surviving business entity is  a  professional  corporation,
   18  the  restrictions  on  the  issuance,  transfer  or  sale of shares of a
   19  professional service corporation OR A DESIGN PROFESSIONAL SERVICE CORPO-
   20  RATION shall be suspended for a period not exceeding  thirty  days  with
   21  respect  to  any  issuance,  transfer or sale of shares made pursuant to
   22  such merger, consolidation or  reorganization,  provided  that:  (i)  no
   23  person  who  would not be eligible to be a shareholder in the absence of
   24  this section shall vote the shares of or receive any  distribution  from
   25  such  corporation;  (ii) after such merger, consolidation or reorganiza-
   26  tion, any professional service  corporation  OR  A  DESIGN  PROFESSIONAL
   27  SERVICE  CORPORATION which survives or which is created thereby shall be
   28  subject to all of the provisions of this article; and (iii) shares ther-
   29  eafter only may be held by persons who are eligible to receive shares of
   30  such  professional  service  corporation,  DESIGN  PROFESSIONAL  SERVICE
   31  CORPORATION or such other corporation authorized and registered to prac-
   32  tice the same profession pursuant to the applicable provisions of subdi-
   33  vision  six  of  section  seventy-two  hundred nine of the education law
   34  (engineer or land surveyor) [or], subdivision four of  section  seventy-
   35  three hundred seven of the education law (architect) OR SUBDIVISION FOUR
   36  OF  SECTION  SEVENTY-THREE  HUNDRED  TWENTY-SEVEN  OF  THE EDUCATION LAW
   37  (LANDSCAPE ARCHITECT) of [article] ARTICLES one hundred forty-five,  ONE
   38  HUNDRED  FORTY-SEVEN  AND  ONE HUNDRED FORTY-EIGHT of the education law,
   39  which survives. Nothing herein contained shall be construed  as  permit-
   40  ting  the  practice of a profession in this state by a corporation which
   41  is not incorporated pursuant  to  the  provisions  of  this  article  or
   42  authorized  to  do  business in this state pursuant to the provisions of
   43  article fifteen-A of this chapter, AUTHORIZED  PURSUANT  TO  SUBDIVISION
   44  SIX OF SECTION SEVENTY-TWO HUNDRED NINE OF THE EDUCATION LAW, AUTHORIZED
   45  PURSUANT  TO  SUBDIVISION FOUR OF SECTION SEVENTY-THREE HUNDRED SEVEN OF
   46  THE EDUCATION LAW, AUTHORIZED PURSUANT TO SUBDIVISION  FOUR  OF  SECTION
   47  SEVENTY-THREE  HUNDRED  TWENTY-SEVEN  OF THE EDUCATION LAW or authorized
   48  and registered to practice  a  profession  pursuant  to  the  applicable
   49  provisions of article one hundred forty-five, ONE HUNDRED FORTY-SEVEN OR
   50  ONE  HUNDRED  FORTY-EIGHT of the education law. For the purposes of this
   51  section, other reorganizations shall be limited to those reorganizations
   52  defined in paragraph one of subsection  (a)  of  section  three  hundred
   53  sixty-eight of the internal revenue code.
   54    (c) If the surviving business entity is a professional service limited
   55  liability company, the restrictions on the issuance, transfer or sale of
   56  membership interests of a professional service limited liability company
       A. 4753--D                          9

    1  other  than  the  requirements of the first two sentences of subdivision
    2  (c) of section twelve hundred eleven of the  limited  liability  company
    3  law,  shall  be  suspended  for  a period not exceeding thirty days with
    4  respect  to  any issuance, transfer or sale of membership interests made
    5  pursuant to such merger or consolidation, provided that: (i)  no  person
    6  or  business  entity  who  would  not  be eligible to be a member in the
    7  absence of this section shall vote or receive any distribution from such
    8  limited liability company; (ii) after such merger or consolidation,  any
    9  professional  service limited liability company that survives or that is
   10  created thereby shall be subject to all the provisions  of  the  limited
   11  liability  company law; and (iii) membership interests thereafter may be
   12  held only by persons or business entities  who  are  eligible  to  be  a
   13  member  of  such professional service limited liability company. Nothing
   14  herein contained shall be construed as  permitting  the  practice  of  a
   15  profession  in  this  state  by  a limited liability company that is not
   16  formed pursuant to the provisions of the limited liability  company  law
   17  or  authorized to do business in the state pursuant to the provisions of
   18  article thirteen of the limited liability company law.
   19    (D) NOTWITHSTANDING THE PROVISIONS CONTAINED IN  PARAGRAPHS  (A),  (B)
   20  AND  (C)  OF  THIS  SECTION,  NO DESIGN PROFESSIONAL SERVICE CORPORATION
   21  SHALL BE MERGED OR CONSOLIDATED WITH ANY ENTITY UNLESS SUCH ENTITY IS  A
   22  PROFESSIONAL BUSINESS ORGANIZATION LAWFULLY ORGANIZED TO PROVIDE PROFES-
   23  SIONAL SERVICES PURSUANT TO ARTICLES ONE HUNDRED FORTY-FIVE, ONE HUNDRED
   24  FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW.
   25    S  19.  Paragraph (b) of section 1526 of the business corporation law,
   26  as added by chapter 505 of the laws of  1983,  is  amended  to  read  as
   27  follows:
   28    (b)  Each  final  plan, DRAWING and report made or issued by a foreign
   29  professional service corporation  practicing  professional  engineering,
   30  architecture,  landscape  architecture,  GEOLOGY or land surveying shall
   31  bear the name and seal of one or  more  professional  engineers,  archi-
   32  tects,  landscape architects, PROFESSIONAL GEOLOGISTS or land surveyors,
   33  respectively, who are in responsible charge of such plan or report.
   34    S 20. Section 1529 of the business  corporation  law,  as  amended  by
   35  chapter 576 of the laws of 1994, is amended to read as follows:
   36  S 1529. Business corporation law applicable.
   37    Except for the provisions of sections thirteen hundred three, thirteen
   38  hundred  four,  thirteen hundred sixteen, thirteen hundred seventeen and
   39  thirteen hundred twenty, this chapter shall be applicable to  a  foreign
   40  professional service corporation to the extent that the provisions ther-
   41  eof  are  not in conflict with the provisions of this article. A foreign
   42  professional service corporation may practice  in  this  state,  or  may
   43  consolidate  or  merge with another corporation, or may be a member of a
   44  professional service limited liability company, a  foreign  professional
   45  service  limited liability company, a registered limited liability part-
   46  nership or foreign limited liability partnership, only  if  all  of  the
   47  professions  practiced by such corporations, limited liability companies
   48  or limited liability partnerships could be practiced by a single profes-
   49  sional service corporation organized in this state; and,  further,  only
   50  if such foreign professional service corporation is domiciled in a state
   51  or  territory  of  the  United  States the laws of which, at the time of
   52  application by such corporation under section fifteen hundred thirty  of
   53  this  article,  contain  a reciprocal provision under which professional
   54  service corporations domiciled in this state may similarly apply for the
   55  privilege of doing business in any such  state  or  territory;  provided
   56  further  however,  that nothing herein shall authorize a foreign profes-
       A. 4753--D                         10

    1  sional service corporation  practicing  professional  engineering,  land
    2  surveying,  GEOLOGY,  architecture and/or landscape architecture to be a
    3  member or partner of a professional service limited liability company, a
    4  foreign  professional  service  limited  liability company, a registered
    5  limited liability partnership or a foreign limited liability partnership
    6  unless all of the shareholders, directors and officers of  such  foreign
    7  professional service corporation are licensed to practice one or more of
    8  such professions in this state.
    9    S 21. Subdivision (a) of section 1203 of the limited liability company
   10  law,  as  amended by chapter 554 of the laws of 2013, is amended to read
   11  as follows:
   12    (a) Notwithstanding the education law or any other provision  of  law,
   13  one  or more professionals each of whom is authorized by law to render a
   14  professional service within the state, or one or more professionals,  at
   15  least  one of whom is authorized by law to render a professional service
   16  within the state, may form,  or  cause  to  be  formed,  a  professional
   17  service  limited liability company for pecuniary profit under this arti-
   18  cle for the purpose of rendering the professional service or services as
   19  such professionals are authorized to practice. With respect to a profes-
   20  sional service limited  liability  company  formed  to  provide  medical
   21  services  as  such  services are defined in article 131 of the education
   22  law, each member of such limited  liability  company  must  be  licensed
   23  pursuant  to  article  131  of the education law to practice medicine in
   24  this state. With respect to a  professional  service  limited  liability
   25  company  formed  to provide dental services as such services are defined
   26  in article 133 of the education law, each member of such limited liabil-
   27  ity company must be licensed pursuant to article 133  of  the  education
   28  law  to practice dentistry in this state. With respect to a professional
   29  service limited liability company formed to provide veterinary  services
   30  as  such  services are defined in article 135 of the education law, each
   31  member of such limited liability company must be  licensed  pursuant  to
   32  article 135 of the education law to practice veterinary medicine in this
   33  state.  With respect to a professional service limited liability company
   34  formed to provide professional engineering,  land  surveying,  architec-
   35  tural  [and/or],  landscape  architectural AND/OR GEOLOGICAL services as
   36  such services are defined in article 145, article 147 and article 148 of
   37  the education law, each member of such limited liability company must be
   38  licensed pursuant to article 145, article 147 and/or article 148 of  the
   39  education law to practice one or more of such professions in this state.
   40  With  respect to a professional service limited liability company formed
   41  to provide licensed clinical social work services as such  services  are
   42  defined in article 154 of the education law, each member of such limited
   43  liability  company  shall  be  licensed  pursuant  to article 154 of the
   44  education law to practice licensed clinical social work in  this  state.
   45  With  respect to a professional service limited liability company formed
   46  to provide creative arts therapy services as such services  are  defined
   47  in article 163 of the education law, each member of such limited liabil-
   48  ity  company  must  be licensed pursuant to article 163 of the education
   49  law to practice creative arts therapy in this state. With respect  to  a
   50  professional   service  limited  liability  company  formed  to  provide
   51  marriage and family therapy services as such  services  are  defined  in
   52  article  163 of the education law, each member of such limited liability
   53  company must be licensed pursuant to article 163 of the education law to
   54  practice marriage and family therapy in this state. With  respect  to  a
   55  professional  service limited liability company formed to provide mental
   56  health counseling services as such services are defined in  article  163
       A. 4753--D                         11

    1  of the education law, each member of such limited liability company must
    2  be  licensed  pursuant  to  article 163 of the education law to practice
    3  mental health counseling in this state. With respect to  a  professional
    4  service  limited  liability  company  formed  to  provide psychoanalysis
    5  services as such services are defined in article 163  of  the  education
    6  law,  each  member  of  such  limited liability company must be licensed
    7  pursuant to article 163 of the education law to practice  psychoanalysis
    8  in  this state. With respect to a professional service limited liability
    9  company formed to provide applied behavior  analysis  services  as  such
   10  services are defined in article 167 of the education law, each member of
   11  such limited liability company must be licensed or certified pursuant to
   12  article  167  of the education law to practice applied behavior analysis
   13  in  this  state.  In  addition  to  engaging  in  such   profession   or
   14  professions, a professional service limited liability company may engage
   15  in  any  other  business  or  activities as to which a limited liability
   16  company may be formed under section two hundred  one  of  this  chapter.
   17  Notwithstanding  any  other  provision  of  this section, a professional
   18  service limited liability company (i) authorized  to  practice  law  may
   19  only  engage  in  another  profession  or business or activities or (ii)
   20  which is engaged in a profession or other business or  activities  other
   21  than  law  may  only  engage  in  the practice of law, to the extent not
   22  prohibited by any other law of this state or any  rule  adopted  by  the
   23  appropriate  appellate  division  of  the  supreme court or the court of
   24  appeals.
   25    S 22. Subdivision (b) of section 1207 of the limited liability company
   26  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
   27  as follows:
   28    (b)  With  respect to a professional service limited liability company
   29  formed to provide medical services as such services are defined in arti-
   30  cle 131 of the education law, each  member  of  such  limited  liability
   31  company must be licensed pursuant to article 131 of the education law to
   32  practice  medicine in this state. With respect to a professional service
   33  limited liability company formed to  provide  dental  services  as  such
   34  services are defined in article 133 of the education law, each member of
   35  such  limited liability company must be licensed pursuant to article 133
   36  of the education law to practice dentistry in this state.  With  respect
   37  to  a  professional  service limited liability company formed to provide
   38  veterinary services as such services are defined in article 135  of  the
   39  education  law,  each  member  of such limited liability company must be
   40  licensed pursuant to article 135 of the education law to practice veter-
   41  inary medicine in this state. With respect  to  a  professional  service
   42  limited  liability  company  formed to provide professional engineering,
   43  land surveying, architectural [and/or], landscape  architectural  AND/OR
   44  GEOLOGICAL services as such services are defined in article 145, article
   45  147  and  article  148 of the education law, each member of such limited
   46  liability company must be licensed pursuant to article 145, article  147
   47  and/or  article 148 of the education law to practice one or more of such
   48  professions in this state. With respect to a professional service limit-
   49  ed liability company formed to provide  licensed  clinical  social  work
   50  services  as  such  services are defined in article 154 of the education
   51  law, each member of such limited liability  company  shall  be  licensed
   52  pursuant  to article 154 of the education law to practice licensed clin-
   53  ical social work in this state. With respect to a  professional  service
   54  limited  liability  company  formed  to  provide  creative  arts therapy
   55  services as such services are defined in article 163  of  the  education
   56  law,  each  member  of  such  limited liability company must be licensed
       A. 4753--D                         12

    1  pursuant to article 163 of the education law to practice  creative  arts
    2  therapy  in  this  state. With respect to a professional service limited
    3  liability company formed to provide marriage and family therapy services
    4  as  such  services are defined in article 163 of the education law, each
    5  member of such limited liability company must be  licensed  pursuant  to
    6  article 163 of the education law to practice marriage and family therapy
    7  in  this state. With respect to a professional service limited liability
    8  company formed to provide mental  health  counseling  services  as  such
    9  services are defined in article 163 of the education law, each member of
   10  such  limited liability company must be licensed pursuant to article 163
   11  of the education law to practice mental health counseling in this state.
   12  With respect to a professional service limited liability company  formed
   13  to provide psychoanalysis services as such services are defined in arti-
   14  cle  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 psychoanalysis in this state. With respect  to  a  professional
   17  service  limited  liability  company  formed to provide applied behavior
   18  analysis services as such services are defined in  article  167  of  the
   19  education  law,  each  member  of such limited liability company must be
   20  licensed or certified pursuant to article 167 of the  education  law  to
   21  practice applied behavior analysis in this state.
   22    S  23. Subdivisions (a) and (f) of section 1301 of the limited liabil-
   23  ity company law, subdivision (a) as amended by chapter 554 of  the  laws
   24  of  2013  and  subdivision  (f) as amended by chapter 170 of the laws of
   25  1996, are amended to read as follows:
   26    (a) "Foreign professional service limited liability company"  means  a
   27  professional  service  limited liability company, whether or not denomi-
   28  nated as such, organized under the laws of  a  jurisdiction  other  than
   29  this state, (i) each of whose members and managers, if any, is a profes-
   30  sional  authorized  by  law to render a professional service within this
   31  state and who is or has been engaged in the practice of such  profession
   32  in  such professional service limited liability company or a predecessor
   33  entity, or will engage in the practice of such profession in the profes-
   34  sional service limited liability company within thirty days of the  date
   35  such  professional becomes a member, or each of whose members and manag-
   36  ers, if any, is a professional at least one of such members  is  author-
   37  ized  by  law to render a professional service within this state and who
   38  is or has been engaged in  the  practice  of  such  profession  in  such
   39  professional  service limited liability company or a predecessor entity,
   40  or will engage in the practice of such profession  in  the  professional
   41  service  limited  liability  company within thirty days of the date such
   42  professional becomes a member, or  (ii)  authorized  by,  or  holding  a
   43  license,  certificate,  registration  or  permit issued by the licensing
   44  authority pursuant to,  the  education  law  to  render  a  professional
   45  service within this state; except that all members and managers, if any,
   46  of  a  foreign  professional  service  limited  liability  company  that
   47  provides health services in this state shall be licensed in this  state.
   48  With respect to a foreign professional service limited liability company
   49  which provides veterinary services as such services are defined in arti-
   50  cle  135  of the education law, each member of such foreign professional
   51  service limited liability company shall be licensed pursuant to  article
   52  135  of  the education law to practice veterinary medicine. With respect
   53  to a  foreign  professional  service  limited  liability  company  which
   54  provides medical services as such services are defined in article 131 of
   55  the  education  law,  each  member  of such foreign professional service
   56  limited liability company must be licensed pursuant to  article  131  of
       A. 4753--D                         13

    1  the education law to practice medicine in this state.  With respect to a
    2  foreign  professional  service  limited liability company which provides
    3  dental services as such services are  defined  in  article  133  of  the
    4  education  law, each member of such foreign professional service limited
    5  liability company must be licensed pursuant to article 133 of the educa-
    6  tion law to practice dentistry in this state. With respect to a  foreign
    7  professional  service  limited  liability company which provides profes-
    8  sional engineering, land surveying, GEOLOGIC, architectural and/or land-
    9  scape architectural services as such services  are  defined  in  article
   10  145,  article  147  and article 148 of the education law, each member of
   11  such foreign professional service  limited  liability  company  must  be
   12  licensed  pursuant to article 145, article 147 and/or article 148 of the
   13  education law to practice one or more of such professions in this state.
   14  With respect to a foreign professional service limited liability company
   15  which provides licensed clinical social work services as  such  services
   16  are  defined  in  article  154 of the education law, each member of such
   17  foreign professional service limited liability company shall be licensed
   18  pursuant to article 154 of the education law to practice clinical social
   19  work in this state. With  respect  to  a  foreign  professional  service
   20  limited  liability company which provides creative arts therapy services
   21  as such services are defined in article 163 of the education  law,  each
   22  member  of  such  foreign professional service limited liability company
   23  must be licensed pursuant to article 163 of the education law  to  prac-
   24  tice  creative  arts  therapy  in  this state. With respect to a foreign
   25  professional service limited liability company which  provides  marriage
   26  and  family therapy services as such services are defined in article 163
   27  of the education law, each member of such foreign  professional  service
   28  limited  liability  company  must be licensed pursuant to article 163 of
   29  the education law to practice marriage and family therapy in this state.
   30  With respect to a foreign professional service limited liability company
   31  which provides mental health counseling services as  such  services  are
   32  defined in article 163 of the education law, each member of such foreign
   33  professional service limited liability company must be licensed pursuant
   34  to article 163 of the education law to practice mental health counseling
   35  in  this  state.  With respect to a foreign professional service limited
   36  liability  company  which  provides  psychoanalysis  services  as   such
   37  services are defined in article 163 of the education law, each member of
   38  such  foreign  professional  service  limited  liability company must be
   39  licensed pursuant to article  163  of  the  education  law  to  practice
   40  psychoanalysis  in  this  state.  With respect to a foreign professional
   41  service limited liability company which provides applied behavior analy-
   42  sis services as such services are defined in article 167 of  the  educa-
   43  tion  law,  each  member  of  such  foreign professional service limited
   44  liability company must be licensed or certified pursuant to article  167
   45  of  the  education  law  to  practice  applied behavior analysis in this
   46  state.
   47    (f) "Professional partnership" means (1) a partnership without limited
   48  partners each of whose partners is a professional authorized by  law  to
   49  render a professional service within this state, (2) a partnership with-
   50  out  limited partners each of whose partners is a professional, at least
   51  one of whom is authorized by law to render a professional service within
   52  this state or (3) a partnership without limited partners authorized  by,
   53  or  holding a license, certificate, registration or permit issued by the
   54  licensing authority pursuant to the education law to  render  a  profes-
   55  sional  service within this state; except that all partners of a profes-
   56  sional partnership that provides medical services in this state must  be
       A. 4753--D                         14

    1  licensed  pursuant to article 131 of the education law to practice medi-
    2  cine in this state and all partners of a professional  partnership  that
    3  provides  dental  services  in  this  state must be licensed pursuant to
    4  article  133  of  the education law to practice dentistry in this state;
    5  except that all partners of a  professional  partnership  that  provides
    6  veterinary  services  in this state must be licensed pursuant to article
    7  135 of the education law to practice veterinary medicine in this  state;
    8  and  further except that all partners of a professional partnership that
    9  provides professional engineering, land surveying,  GEOLOGIC,  architec-
   10  tural,  and/or  landscape  architectural  services in this state must be
   11  licensed pursuant to article 145, article 147 and/or article 148 of  the
   12  education law to practice one or more of such professions.
   13    S 24. Subdivision (b) of section 1302 of the limited liability company
   14  law is amended to read as follows:
   15    (b)  Each  final  plan  and report made or issued by a foreign profes-
   16  sional service limited liability company practicing  professional  engi-
   17  neering, GEOLOGY, architecture, landscape architecture or land surveying
   18  shall  bear  the  name  and  seal of one or more professional engineers,
   19  PROFESSIONAL  GEOLOGISTS,  architects,  landscape  architects,  or  land
   20  surveyors,  respectively,  who are in responsible charge of such plan or
   21  report.
   22    S 25. The ninth and fourteenth undesignated paragraphs of section 2 of
   23  the partnership law, the ninth  undesignated  paragraph  as  amended  by
   24  chapter  643  of  the laws of 1995 and the fourteenth undesignated para-
   25  graph as added by chapter 576 of the laws of 1994, are amended  to  read
   26  as follows:
   27    "Foreign  limited  liability  partnership"  means  (i) any partnership
   28  without limited partners operating under an agreement  governed  by  the
   29  laws  of any jurisdiction, other than this state, each of whose partners
   30  is a professional authorized by law to  render  a  professional  service
   31  within this state and who is or has been engaged in the practice of such
   32  profession  in  such partnership or a predecessor entity, or will engage
   33  in the practice of such profession  in  the  foreign  limited  liability
   34  partnership  within  thirty days of the date of the effectiveness of the
   35  notice provided for in subdivision (a) of section 121-1502 of this chap-
   36  ter or each of whose partners is a professional, at least one of whom is
   37  authorized by law to render a professional service within this state and
   38  who is or has been engaged in the practice of such  profession  in  such
   39  partnership  or  a predecessor entity, or will engage in the practice of
   40  such profession in the  foreign  limited  liability  partnership  within
   41  thirty  days of the date of the effectiveness of the notice provided for
   42  in subdivision (a) of section 121-1502 of this chapter, (ii)  any  part-
   43  nership  without  limited partners operating under an agreement governed
   44  by the laws of any jurisdiction, other than this state,  authorized  by,
   45  or  holding a license, certificate, registration or permit issued by the
   46  licensing authority pursuant to, the education law to render  a  profes-
   47  sional  service  within  this  state, which renders or intends to render
   48  professional services within this state and which is  denominated  as  a
   49  registered  limited  liability partnership or limited liability partner-
   50  ship under such laws, regardless of any difference between such laws and
   51  the laws of this state, or (iii) a  foreign  related  limited  liability
   52  partnership;  except  that  all  partners of a foreign limited liability
   53  partnership that provides health, professional engineering, land survey-
   54  ing, GEOLOGIC, architectural and/or landscape architectural services  in
   55  this state shall be licensed in this state.
       A. 4753--D                         15

    1    "Professional  partnership"  means  (1)  a partnership without limited
    2  partners each of whose partners is a professional authorized by  law  to
    3  render a professional service within this state, (2) a partnership with-
    4  out  limited partners each of whose partners is a professional, at least
    5  one of whom is authorized by law to render a professional service within
    6  this  state or (3) a partnership without limited partners authorized by,
    7  or holding a license, certificate, registration or permit issued by  the
    8  licensing  authority  pursuant  to the education law to render a profes-
    9  sional service within this state; except that all partners of a  profes-
   10  sional  partnership that provides medical services in this state must be
   11  licensed pursuant to article 131 of the education law to practice  medi-
   12  cine  in  this state and all partners of a professional partnership that
   13  provides dental services in this state  must  be  licensed  pursuant  to
   14  article  133  of  the education law to practice dentistry in this state;
   15  and further except that all partners of a professional partnership  that
   16  provides  professional  engineering, land surveying, GEOLOGIC, architec-
   17  tural and/or landscape architectural services  in  this  state  must  be
   18  licensed  pursuant to article 145, article 147 and/or article 148 of the
   19  education law to practice one or more of such professions in this state.
   20    S 26. Subdivision (q) of section 121-1500 of the partnership  law,  as
   21  amended  by  chapter  554  of  the  laws  of 2013, is amended to read as
   22  follows:
   23    (q) Each partner of a registered limited liability partnership  formed
   24  to  provide  medical services in this state must be licensed pursuant to
   25  article 131 of the education law to practice medicine in this state  and
   26  each  partner  of  a  registered limited liability partnership formed to
   27  provide dental services in this state must be licensed pursuant to arti-
   28  cle 133 of the education law to practice dentistry in this state.   Each
   29  partner  of a registered limited liability partnership formed to provide
   30  veterinary services in this state must be licensed pursuant  to  article
   31  135  of the education law to practice veterinary medicine in this state.
   32  Each partner of a registered limited  liability  partnership  formed  to
   33  provide  professional  engineering, land surveying, GEOLOGICAL SERVICES,
   34  architectural and/or landscape architectural services in this state must
   35  be licensed pursuant to article 145, article 147 and/or article  148  of
   36  the  education  law  to practice one or more of such professions in this
   37  state. Each partner of a registered limited liability partnership formed
   38  to provide licensed clinical social work services in this state must  be
   39  licensed  pursuant to article 154 of the education law to practice clin-
   40  ical social work in this state. Each partner  of  a  registered  limited
   41  liability  partnership  formed to provide creative arts therapy services
   42  in this state must be licensed pursuant to article 163 of the  education
   43  law  to  practice creative arts therapy in this state. Each partner of a
   44  registered limited liability partnership formed to provide marriage  and
   45  family therapy services in this state must be licensed pursuant to arti-
   46  cle  163 of the education law to practice marriage and family therapy in
   47  this state. Each partner of a registered limited  liability  partnership
   48  formed  to  provide mental health counseling services in this state must
   49  be licensed pursuant to article 163 of the  education  law  to  practice
   50  mental  health  counseling  in  this state. Each partner of a registered
   51  limited liability partnership formed to provide psychoanalysis  services
   52  in  this state must be licensed pursuant to article 163 of the education
   53  law to practice psychoanalysis in this state. Each partner of  a  regis-
   54  tered  limited  liability partnership formed to provide applied behavior
   55  analysis service in this state must be licensed or certified pursuant to
       A. 4753--D                         16

    1  article 167 of the education law to practice applied  behavior  analysis
    2  in this state.
    3    S  27.  Subdivision (q) of section 121-1502 of the partnership law, as
    4  amended by chapter 554 of the laws  of  2013,  is  amended  to  read  as
    5  follows:
    6    (q)  Each  partner  of  a  foreign limited liability partnership which
    7  provides medical services in this state must  be  licensed  pursuant  to
    8  article  131  of the education law to practice medicine in the state and
    9  each partner of a foreign limited liability partnership  which  provides
   10  dental services in the state must be licensed pursuant to article 133 of
   11  the education law to practice dentistry in this state. Each partner of a
   12  foreign  limited liability partnership which provides veterinary service
   13  in the state shall be licensed pursuant to article 135 of the  education
   14  law  to  practice  veterinary  medicine in this state. Each partner of a
   15  foreign limited liability partnership which provides professional  engi-
   16  neering, land surveying, GEOLOGICAL SERVICES, architectural and/or land-
   17  scape  architectural services in this state must be licensed pursuant to
   18  article 145, article 147 and/or article 148  of  the  education  law  to
   19  practice  one  or  more  of  such professions. Each partner of a foreign
   20  limited liability partnership which provides  licensed  clinical  social
   21  work  services in this state must be licensed pursuant to article 154 of
   22  the education law to practice licensed  clinical  social  work  in  this
   23  state.  Each  partner  of  a foreign limited liability partnership which
   24  provides creative arts therapy services in this state must  be  licensed
   25  pursuant  to  article 163 of the education law to practice creative arts
   26  therapy in this state. Each partner of a foreign limited liability part-
   27  nership which provides marriage and  family  therapy  services  in  this
   28  state  must  be licensed pursuant to article 163 of the education law to
   29  practice marriage and family therapy in this state. Each  partner  of  a
   30  foreign limited liability partnership which provides mental health coun-
   31  seling  services  in this state must be licensed pursuant to article 163
   32  of the education law to practice mental health counseling in this state.
   33  Each partner of a foreign limited liability partnership  which  provides
   34  psychoanalysis services in this state must be licensed pursuant to arti-
   35  cle  163  of the education law to practice psychoanalysis in this state.
   36  Each partner of a foreign limited liability partnership  which  provides
   37  applied  behavior  analysis  services  in this state must be licensed or
   38  certified pursuant to article 167  of  the  education  law  to  practice
   39  applied behavior analysis in this state.
   40    S  28. This act shall take effect two years after the date on which it
   41  shall have become a law.
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