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A04753 Text:

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

                                        4753--C

                              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  --  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

       AN ACT to amend the education law, the  business  corporation  law,  the
         limited  liability company law and the partnership law, in relation to
         providing for the licensing of  the  profession  of  geology;  and  to
         repeal  section  12  of  chapter 550 of the laws of 2011, amending the
         business corporation law and the  education  law  relating  to  design
         professional service corporations

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.  The article heading of article 145 of the  education  law,
    2  as  added  by  chapter  987  of  the laws of 1971, is amended to read as
    3  follows:
    4                      ENGINEERING [AND], LAND SURVEYING
    5                                 AND GEOLOGY
    6    S 2. Section 7200 of the education law, as added by chapter 987 of the
    7  laws of 1971, is amended to read as follows:
    8    S 7200. Introduction.   This article applies  to  the  professions  of
    9  engineering  [and],  land  surveying AND GEOLOGY. The general provisions
   10  for all professions contained in article  one  hundred  thirty  of  this
   11  title apply to this article.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08800-09-4
       A. 4753--C                          2

    1    S 3. The education law is amended by adding three new sections 7204-a,
    2  7204-b and 7206-b to read as follows:
    3    S 7204-A. DEFINITION OF THE PROFESSION OF GEOLOGY. THE PRACTICE OF THE
    4  PROFESSION OF GEOLOGY IS DEFINED AS PERFORMING PROFESSIONAL SERVICE SUCH
    5  AS   RESEARCHING,  INVESTIGATING,  CONSULTING  AND  GEOLOGICAL  MAPPING,
    6  DESCRIBING THE NATURAL PROCESSES THAT ACT UPON  THE  EARTH'S  MATERIALS,
    7  PREDICTING  THE PROBABLE OCCURRENCE OF NATURAL RESOURCES, PREDICTING AND
    8  LOCATING NATURAL OR HUMAN-INDUCED  PHENOMENA  WHICH  MAY  BE  USEFUL  OR
    9  HAZARDOUS  TO  HUMANKIND  AND  RECOGNIZING,  DETERMINING  AND EVALUATING
   10  GEOLOGICAL FACTORS, AND THE INSPECTION  AND  PERFORMANCE  OF  GEOLOGICAL
   11  WORK  AND  THE  RESPONSIBLE  SUPERVISION  THEREOF  IN FURTHERANCE OF THE
   12  HEALTH, SAFETY AND  WELFARE  OF  THE  PUBLIC;  PROVIDED,  HOWEVER,  THAT
   13  GEOLOGICAL  MAPPING  SHALL NOT INCLUDE THE PRACTICE OF LAND SURVEYING AS
   14  DEFINED IN SECTION SEVENTY-TWO HUNDRED THREE OF THIS ARTICLE.
   15    S 7204-B. PRACTICE OF GEOLOGY AND THE USE OF TITLE "PROFESSIONAL GEOL-
   16  OGIST".  ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTI-
   17  CLE SHALL PRACTICE GEOLOGY OR USE THE TITLE "PROFESSIONAL GEOLOGIST".
   18    S 7206-B. REQUIREMENTS FOR A LICENSE AS A PROFESSIONAL  GEOLOGIST.  1.
   19  TO QUALIFY FOR A LICENSE AS A PROFESSIONAL GEOLOGIST, AN APPLICANT SHALL
   20  FULFILL THE FOLLOWING REQUIREMENTS:
   21    (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   22    (B)  EDUCATION:  HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
   23  HIGHER DEGREE IN GEOLOGICAL SCIENCES, IN ACCORDANCE WITH THE COMMISSION-
   24  ER'S REGULATIONS;
   25    (C) EXPERIENCE: HAVE AT LEAST FIVE YEARS PRACTICAL  EXPERIENCE  SATIS-
   26  FACTORY  TO  THE BOARD IN APPROPRIATE GEOLOGICAL WORK; UP TO ONE YEAR OF
   27  EXPERIENCE MAY BE CREDITED FOR AN ADVANCED DEGREE (MASTERS, DOCTORATE OR
   28  AN EQUIVALENT THEREOF)  IN  ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
   29  LATIONS;
   30    (D)  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
   31  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   32    (E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   33    (F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
   34  MENT; AND
   35    (G) FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS  TO  THE  DEPARTMENT
   36  FOR  ADMISSION  TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
   37  LICENSE, AND A FEE OF TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL  REGIS-
   38  TRATION PERIOD.
   39    2.  IN  LIEU  OF  THE  DEGREE AND EXPERIENCE REQUIREMENTS SPECIFIED IN
   40  PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF THIS SECTION, TWELVE  YEARS
   41  OF  PRACTICAL  EXPERIENCE  IN  GEOLOGICAL  WORK OF A GRADE AND CHARACTER
   42  SATISFACTORY TO THE BOARD MAY BE ACCEPTED BY THE DEPARTMENT.
   43    3.  FOR AN IDENTIFICATION CARD AS AN "INTERN GEOLOGIST", AN  APPLICANT
   44  SHALL  FULFILL  THE  REQUIREMENTS  OF  SUBDIVISION  ONE OF THIS SECTION,
   45  EXCEPT THOSE IN PARAGRAPHS (C) AND (E)  OF  SUCH  SUBDIVISION,  PROVIDED
   46  THAT  ADMISSION  TO  THE  EXAMINATION MAY BE GIVEN WHEN THE APPLICANT IS
   47  WITHIN TWENTY CREDITS OF THE COMPLETION OF THE REQUIREMENTS OF THE BACH-
   48  ELOR'S DEGREE OR HIGHER AS PRESCRIBED IN PARAGRAPH  (B)  OF  SUBDIVISION
   49  ONE  OF THIS SECTION, OR HAS COMPLETED THE PRACTICAL EXPERIENCE REQUIRE-
   50  MENT OF SUBDIVISION TWO OF THIS SECTION. THE FEE FOR THE EXAMINATION AND
   51  IDENTIFICATION CARD AS AN "INTERN GEOLOGIST" SHALL  BE  SEVENTY  DOLLARS
   52  AND THE FEE FOR EACH REEXAMINATION SHALL BE SEVENTY DOLLARS.
   53    4.  AN  APPLICANT  WHO APPLIES FOR LICENSURE WITHIN ONE YEAR AFTER THE
   54  EFFECTIVE DATE OF THIS SECTION SHALL BE QUALIFIED FOR  A  LICENSE  AS  A
   55  PROFESSIONAL  GEOLOGIST  WITHOUT  A WRITTEN EXAMINATION IF THE APPLICANT
   56  HAS SATISFIED THE REQUIREMENTS OF  EDUCATION  AND  DEGREE  DESCRIBED  IN
       A. 4753--C                          3

    1  PARAGRAPHS  (B)  AND  (C)  OF SUBDIVISION ONE OR SUBDIVISION TWO OF THIS
    2  SECTION NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
    3    S  4.  Section 7205 of the education law, as amended by chapter 521 of
    4  the laws of 1998, is amended to read as follows:
    5    S 7205. State board for engineering [and], land surveying AND GEOLOGY.
    6  A state board for engineering [and], land surveying AND GEOLOGY shall be
    7  appointed by the board of regents on recommendation of the  commissioner
    8  for  the purpose of assisting the board of regents and the department on
    9  matters of professional licensing and professional conduct in accordance
   10  with section sixty-five hundred eight of this title. The board shall  be
   11  composed  of  not less than seven professional engineers [and], not less
   12  than two land surveyors AND NOT LESS THAN  TWO  PROFESSIONAL  GEOLOGISTS
   13  licensed  in  this state.   An executive secretary to the board shall be
   14  appointed by the board of regents on recommendation of the  commissioner
   15  and shall be a professional engineer [or], land surveyor OR PROFESSIONAL
   16  GEOLOGIST licensed in this state.
   17    S  5.  Subdivision 2 of section 7207 of the education law, as added by
   18  chapter 987 of the laws of 1971, is amended to read as follows:
   19    2. A limited permit to practice as a professional engineer [or],  land
   20  surveyor  OR  PROFESSIONAL  GEOLOGIST in this state may be issued by the
   21  department to a person not a resident in this state and having no estab-
   22  lished place of practice in this state,  when  such  practice  does  not
   23  aggregate more than thirty days in any calendar year, provided that such
   24  person is legally qualified to practice in his own state or country. The
   25  limited  permit  authorizing  such right to practice in this state shall
   26  specify the dates within the calendar year when such right may be  exer-
   27  cised.
   28    S  6. Subdivision 3 of section 7207 of the education law is renumbered
   29  subdivision 4 and a new subdivision 3 is added to read as follows:
   30    3. ON RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A  LIMITED
   31  PERMIT  TO  PRACTICE GEOLOGY TO A GEOLOGIST NOT A RESIDENT OF THIS STATE
   32  AND HAVING NO ESTABLISHED PLACE OF PRACTICE IN THIS STATE WHO IS LEGALLY
   33  QUALIFIED TO PRACTICE AS SUCH IN HIS OR HER OWN COUNTRY  OR  STATE  WITH
   34  STANDARDS EQUIVALENT TO THOSE ENUMERATED IN THIS ARTICLE AND WHO SUBMITS
   35  EVIDENCE  SATISFACTORY  TO  THE BOARD ESTABLISHED AND RECOGNIZED PROFES-
   36  SIONAL STANDING IN HIS OR HER OWN  COUNTRY  OR  STATE  AND  WHO  SUBMITS
   37  SATISFACTORY  CERTIFICATION  AS  TO CHARACTER AND QUALIFICATIONS FROM AT
   38  LEAST TWO PROFESSIONAL GEOLOGISTS, ONE OF WHOM SHALL BE  A  RESIDENT  OF
   39  THIS  STATE.  SUCH  LIMITED  PERMIT SHALL BE ISSUED SOLELY IN CONNECTION
   40  WITH THE SPECIFIC PROJECT FOR WHICH SUCH LIMITED PERMIT IS GRANTED.
   41    S 7. The section heading of section 7208  of  the  education  law,  as
   42  added by chapter 987 of the laws of 1971, is amended to read as follows:
   43    Exempt persons FOR THE PROFESSIONS OF ENGINEERING AND LAND SURVEYING.
   44    S  8.  The  education law is amended by adding a new section 7208-a to
   45  read as follows:
   46    S 7208-A. EXEMPT PERSONS IN OR RELATED TO THE PROFESSION  OF  GEOLOGY.
   47  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AFFECT OR PREVENT:
   48    1.  THE EMPLOYMENT AND SUPERVISION OF INTERNS AND OTHER PERSONS QUALI-
   49  FIED BY EDUCATION OR EXPERIENCE BY PROFESSIONAL GEOLOGISTS AS ASSISTANTS
   50  IN THE PERFORMANCE OF GEOLOGICAL SERVICES, OR AS CONSULTANTS OR  EMPLOY-
   51  EES IN SPECIAL FIELDS RELATED TO BUT NOT UNIQUELY GEOLOGY, PROVIDED THAT
   52  THE  PROFESSIONAL  GEOLOGIST EMPLOYING OR SUPERVISING SUCH PERSONS SHALL
   53  NOT BE RELIEVED OF ANY RESPONSIBILITY WHATSOEVER BY DELEGATION  TO  SUCH
   54  PERSONS.
   55    2. THE PRACTICE OF PROFESSIONAL ENGINEERING BY A PROFESSIONAL ENGINEER
   56  LICENSED  PURSUANT TO THIS ARTICLE TO PRACTICE ENGINEERING IN THIS STATE
       A. 4753--C                          4

    1  OR AN ENTITY AUTHORIZED PURSUANT TO SECTION SEVENTY-TWO HUNDRED  TEN  OF
    2  THIS  ARTICLE TO PROVIDE ENGINEERING IN THIS STATE, INCLUDING THE INVES-
    3  TIGATION, ACQUISITION, EVALUATION, AND INTERPRETATION  OF  THE  PHYSICAL
    4  AND  CHEMICAL PROPERTIES OF THE SOIL, ROCK, GROUNDWATER, EARTH MATERIALS
    5  AND DATA RELATED THERETO, AND THE PERFORMANCE OF ACTIVITIES AS SPECIFIED
    6  IN SECTION SEVENTY-TWO HUNDRED FOUR-A OF THIS ARTICLE, PROVIDED THAT  NO
    7  SUCH PERSON SHALL USE THE DESIGNATION, OR HOLD HIMSELF OR HERSELF OUT AS
    8  A "PROFESSIONAL GEOLOGIST," UNLESS LICENSED AS SUCH IN THIS STATE.
    9    3.  THE  PRACTICE  OF LAND SURVEYING BY ANY PERSON THAT IS LICENSED OR
   10  OTHERWISE AUTHORIZED TO PRACTICE LAND SURVEYING IN THIS STATE,  PROVIDED
   11  THAT NO SUCH PERSON SHALL USE THE DESIGNATION OR HOLD HIMSELF OR HERSELF
   12  OUT AS A "PROFESSIONAL GEOLOGIST" UNLESS LICENSED AS SUCH IN THIS STATE.
   13    4.  THE EXECUTION OF WORK BY CONTRACTORS OR BY OTHERS OF WORK PREPARED
   14  BY A PROFESSIONAL GEOLOGIST, OR THE SUPERINTENDENCE OF SUCH  WORK  AS  A
   15  SUPERINTENDENT, FOREMAN OR INSPECTOR.
   16    5.   THE PRACTICE OF THE PROFESSION OF GEOLOGY BY OFFICERS AND EMPLOY-
   17  EES OF THIS STATE PRACTICING SOLELY AS OFFICERS AND EMPLOYEES; PROVIDED,
   18  HOWEVER, THAT THIS EXEMPTION SHALL NOT APPLY TO OFFICERS  AND  EMPLOYEES
   19  OF  THE  STATE OF NEW YORK WHO COMMENCE EMPLOYMENT OR THE PERFORMANCE OF
   20  WORK RELATED ACTIVITIES AFTER THE EFFECTIVE DATE OF THIS SECTION.
   21    6. THE EXECUTION OF GEOLOGICAL RESEARCH AND/OR TEACHING  CONDUCTED  AT
   22  ACCREDITED  EDUCATIONAL  INSTITUTIONS AND NOT-FOR-PROFIT RESEARCH INSTI-
   23  TUTIONS, CONDUCTED SOLELY THROUGH THOSE INSTITUTIONS.
   24    7. WORK  CUSTOMARILY  PERFORMED  BY  PHYSICAL  OR  NATURAL  SCIENTISTS
   25  PROVIDED  SUCH WORK DOES NOT INCLUDE GEOLOGICAL INVESTIGATIONS, BEING IN
   26  RESPONSIBLE CHARGE OF GEOLOGICAL WORK,  OR  THE  DRAWING  OF  GEOLOGICAL
   27  CONCLUSIONS AND RECOMMENDATIONS.
   28    8. WORK CUSTOMARILY PERFORMED BY WATER WELL DRILLERS WHO HAVE RECEIVED
   29  A  CERTIFICATE  OF REGISTRATION PURSUANT TO SECTION 15-1525 OF THE ENVI-
   30  RONMENTAL CONSERVATION LAW.
   31    S 9. Subdivisions 1, 2 and 4 of section 7209  of  the  education  law,
   32  subdivisions  1  and  2 as added by chapter 987 of the laws of 1971, the
   33  opening paragraph of subdivision 1 as amended by chapter 994 of the laws
   34  of 1971 and subdivision 4 as amended by chapter 550 of the laws of 2011,
   35  are amended to read as follows:
   36    1. Every professional engineer [and every], land surveyor AND  PROFES-
   37  SIONAL  GEOLOGIST  shall have a seal, approved by the board, which shall
   38  contain the name of the professional engineer and  the  words  "Licensed
   39  Professional Engineer" [or], the name of the land surveyor and the words
   40  "Licensed  Land  Surveyor" OR THE NAME OF THE PROFESSIONAL GEOLOGIST AND
   41  THE WORDS "LICENSED PROFESSIONAL GEOLOGIST", and  such  other  words  or
   42  figures  as  the  board  may  deem necessary. All plans, specifications,
   43  plats and reports relating to the construction or alteration  of  build-
   44  ings  or  structures,  OR GEOLOGIC DRAWINGS AND REPORTS prepared by such
   45  professional  engineer  [and],  all  plans,  specifications,  plats  and
   46  reports  prepared  by  such  land surveyor AND ALL GEOLOGIC DRAWINGS AND
   47  REPORTS PREPARED BY SUCH PROFESSIONAL GEOLOGIST or  by  a  full-time  or
   48  part-time  subordinate  under  his  OR HER supervision, shall be stamped
   49  with such seal and shall also  be  signed,  on  the  original  with  the
   50  personal  signature of such professional engineer [or], land surveyor OR
   51  PROFESSIONAL GEOLOGIST when filed with public officials. No official  of
   52  this  state,  or  of  any city, county, town or village therein, charged
   53  with the enforcement of laws, ordinances or regulations shall accept  or
   54  approve  any plans [or], specifications, OR GEOLOGIC DRAWINGS OR REPORTS
   55  that are not stamped:
       A. 4753--C                          5

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

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

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

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

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

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

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

    1  in this state. With respect to a professional service limited  liability
    2  company  formed  to  provide  mental  health counseling services as such
    3  services are defined in article 163 of the education law, each member of
    4  such  limited liability company must be licensed pursuant to article 163
    5  of the education law to practice mental health counseling in this state.
    6  With respect to a professional service limited liability company  formed
    7  to provide psychoanalysis services as such services are defined in arti-
    8  cle  163  of  the  education  law, each member of such limited liability
    9  company must be licensed pursuant to article 163 of the education law to
   10  practice psychoanalysis in this state. With respect  to  a  professional
   11  service  limited  liability  company  formed to provide applied behavior
   12  analysis services as such services are defined in  article  167  of  the
   13  education  law,  each  member  of such limited liability company must be
   14  licensed or certified pursuant to article 167 of the  education  law  to
   15  practice applied behavior analysis in this state.
   16    S  23. Subdivisions (a) and (f) of section 1301 of the limited liabil-
   17  ity company law, subdivision (a) as amended by chapter 554 of  the  laws
   18  of  2013  and  subdivision  (f) as amended by chapter 170 of the laws of
   19  1996, are amended to read as follows:
   20    (a) "Foreign professional service limited liability company"  means  a
   21  professional  service  limited liability company, whether or not denomi-
   22  nated as such, organized under the laws of  a  jurisdiction  other  than
   23  this state, (i) each of whose members and managers, if any, is a profes-
   24  sional  authorized  by  law to render a professional service within this
   25  state and who is or has been engaged in the practice of such  profession
   26  in  such professional service limited liability company or a predecessor
   27  entity, or will engage in the practice of such profession in the profes-
   28  sional service limited liability company within thirty days of the  date
   29  such  professional becomes a member, or each of whose members and manag-
   30  ers, if any, is a professional at least one of such members  is  author-
   31  ized  by  law to render a professional service within this state and who
   32  is or has been engaged in  the  practice  of  such  profession  in  such
   33  professional  service limited liability company or a predecessor entity,
   34  or will engage in the practice of such profession  in  the  professional
   35  service  limited  liability  company within thirty days of the date such
   36  professional becomes a member, or  (ii)  authorized  by,  or  holding  a
   37  license,  certificate,  registration  or  permit issued by the licensing
   38  authority pursuant to,  the  education  law  to  render  a  professional
   39  service within this state; except that all members and managers, if any,
   40  of  a  foreign  professional  service  limited  liability  company  that
   41  provides health services in this state shall be licensed in this  state.
   42  With respect to a foreign professional service limited liability company
   43  which provides veterinary services as such services are defined in arti-
   44  cle  135  of the education law, each member of such foreign professional
   45  service limited liability company shall be licensed pursuant to  article
   46  135  of  the education law to practice veterinary medicine. With respect
   47  to a  foreign  professional  service  limited  liability  company  which
   48  provides medical services as such services are defined in article 131 of
   49  the  education  law,  each  member  of such foreign professional service
   50  limited liability company must be licensed pursuant to  article  131  of
   51  the education law to practice medicine in this state.  With respect to a
   52  foreign  professional  service  limited liability company which provides
   53  dental services as such services are  defined  in  article  133  of  the
   54  education  law, each member of such foreign professional service limited
   55  liability company must be licensed pursuant to article 133 of the educa-
   56  tion law to practice dentistry in this state. With respect to a  foreign
       A. 4753--C                         13

    1  professional  service  limited  liability company which provides profes-
    2  sional engineering, land surveying, GEOLOGIC, architectural and/or land-
    3  scape architectural services as such services  are  defined  in  article
    4  145,  article  147  and article 148 of the education law, each member of
    5  such foreign professional service  limited  liability  company  must  be
    6  licensed  pursuant to article 145, article 147 and/or article 148 of the
    7  education law to practice one or more of such professions in this state.
    8  With respect to a foreign professional service limited liability company
    9  which provides licensed clinical social work services as  such  services
   10  are  defined  in  article  154 of the education law, each member of such
   11  foreign professional service limited liability company shall be licensed
   12  pursuant to article 154 of the education law to practice clinical social
   13  work in this state. With  respect  to  a  foreign  professional  service
   14  limited  liability company which provides creative arts therapy services
   15  as such services are defined in article 163 of the education  law,  each
   16  member  of  such  foreign professional service limited liability company
   17  must be licensed pursuant to article 163 of the education law  to  prac-
   18  tice  creative  arts  therapy  in  this state. With respect to a foreign
   19  professional service limited liability company which  provides  marriage
   20  and  family therapy services as such services are defined in article 163
   21  of the education law, each member of such foreign  professional  service
   22  limited  liability  company  must be licensed pursuant to article 163 of
   23  the education law to practice marriage and family therapy in this state.
   24  With respect to a foreign professional service limited liability company
   25  which provides mental health counseling services as  such  services  are
   26  defined in article 163 of the education law, each member of such foreign
   27  professional service limited liability company must be licensed pursuant
   28  to article 163 of the education law to practice mental health counseling
   29  in  this  state.  With respect to a foreign professional service limited
   30  liability  company  which  provides  psychoanalysis  services  as   such
   31  services are defined in article 163 of the education law, each member of
   32  such  foreign  professional  service  limited  liability company must be
   33  licensed pursuant to article  163  of  the  education  law  to  practice
   34  psychoanalysis  in  this  state.  With respect to a foreign professional
   35  service limited liability company which provides applied behavior analy-
   36  sis services as such services are defined in article 167 of  the  educa-
   37  tion  law,  each  member  of  such  foreign professional service limited
   38  liability company must be licensed or certified pursuant to article  167
   39  of  the  education  law  to  practice  applied behavior analysis in this
   40  state.
   41    (f) "Professional partnership" means (1) a partnership without limited
   42  partners each of whose partners is a professional authorized by  law  to
   43  render a professional service within this state, (2) a partnership with-
   44  out  limited partners each of whose partners is a professional, at least
   45  one of whom is authorized by law to render a professional service within
   46  this state or (3) a partnership without limited partners authorized  by,
   47  or  holding a license, certificate, registration or permit issued by the
   48  licensing authority pursuant to the education law to  render  a  profes-
   49  sional  service within this state; except that all partners of a profes-
   50  sional partnership that provides medical services in this state must  be
   51  licensed  pursuant to article 131 of the education law to practice medi-
   52  cine in this state and all partners of a professional  partnership  that
   53  provides  dental  services  in  this  state must be licensed pursuant to
   54  article 133 of the education law to practice dentistry  in  this  state;
   55  except  that  all  partners  of a professional partnership that provides
   56  veterinary services in this state must be licensed pursuant  to  article
       A. 4753--C                         14

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

    1  licensing authority pursuant to the education law to  render  a  profes-
    2  sional  service within this state; except that all partners of a profes-
    3  sional partnership that provides medical services in this state must  be
    4  licensed  pursuant to article 131 of the education law to practice medi-
    5  cine in this state and all partners of a professional  partnership  that
    6  provides  dental  services  in  this  state must be licensed pursuant to
    7  article 133 of the education law to practice dentistry  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 in this state.
   13    S  26.  Subdivision (q) of section 121-1500 of the partnership law, as
   14  amended by chapter 554 of the laws  of  2013,  is  amended  to  read  as
   15  follows:
   16    (q)  Each partner of a registered limited liability partnership formed
   17  to provide medical services in this state must be licensed  pursuant  to
   18  article  131 of the education law to practice medicine in this state and
   19  each partner of a registered limited  liability  partnership  formed  to
   20  provide dental services in this state must be licensed pursuant to arti-
   21  cle  133 of the education law to practice dentistry in this state.  Each
   22  partner of a registered limited liability partnership formed to  provide
   23  veterinary  services  in this state must be licensed pursuant to article
   24  135 of the education law to practice veterinary medicine in this  state.
   25  Each  partner  of  a  registered limited liability partnership formed to
   26  provide professional engineering, land surveying,  GEOLOGICAL  SERVICES,
   27  architectural and/or landscape architectural services in this state must
   28  be  licensed  pursuant to article 145, article 147 and/or article 148 of
   29  the education law to practice one or more of such  professions  in  this
   30  state. Each partner of a registered limited liability partnership formed
   31  to  provide licensed clinical social work services in this state must be
   32  licensed pursuant to article 154 of the education law to practice  clin-
   33  ical  social  work  in  this state. Each partner of a registered limited
   34  liability partnership formed to provide creative arts  therapy  services
   35  in  this state must be licensed pursuant to article 163 of the education
   36  law to practice creative arts therapy in this state. Each partner  of  a
   37  registered  limited liability partnership formed to provide marriage and
   38  family therapy services in this state must be licensed pursuant to arti-
   39  cle 163 of the education law to practice marriage and family therapy  in
   40  this  state.  Each partner of a registered limited liability partnership
   41  formed to provide mental health counseling services in this  state  must
   42  be  licensed  pursuant  to  article 163 of the education law to practice
   43  mental health counseling in this state. Each  partner  of  a  registered
   44  limited  liability partnership formed to provide psychoanalysis services
   45  in this state must be licensed pursuant to article 163 of the  education
   46  law  to  practice psychoanalysis in this state. Each partner of a regis-
   47  tered limited liability partnership formed to provide  applied  behavior
   48  analysis service in this state must be licensed or certified pursuant to
   49  article  167  of the education law to practice applied behavior analysis
   50  in this state.
   51    S 27. Subdivision (q) of section 121-1502 of the partnership  law,  as
   52  amended  by  chapter  554  of  the  laws  of 2013, is amended to read as
   53  follows:
   54    (q) Each partner of a  foreign  limited  liability  partnership  which
   55  provides  medical  services  in  this state must be licensed pursuant to
   56  article 131 of the education law to practice medicine in the  state  and
       A. 4753--C                         16

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