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S03810 Summary:

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S03810 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3810--D
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                    February 21, 2013
                                       ___________
 
        Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Higher  Education  --
          reported  favorably from said committee and committed to the Committee
          on Finance -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said  committee  --  committee  discharged,

          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- recommitted to  the  Committee  on  Higher  Education  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  reported  favorably  from said committee and committed to the
          Committee on Finance -- committee discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend  the education law, the business corporation law, the
          limited liability company law and the partnership law, in relation  to
          providing  for  the  licensing  of  the  profession of geology; and to
          repeal section 12 of chapter 550 of the laws  of  2011,  amending  the
          business  corporation  law  and  the  education law relating to design

          professional service corporations
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.   The article heading of article 145 of the education law,
     2  as added by chapter 987 of the laws of  1971,  is  amended  to  read  as
     3  follows:
     4                      ENGINEERING [AND], LAND SURVEYING
     5                                 AND GEOLOGY
     6    § 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    § 7200. Introduction.    This  article  applies  to the professions of
     9  engineering [and], land surveying and geology.  The  general  provisions
    10  for  all  professions  contained  in  article one hundred thirty of this
    11  title apply to this article.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08800-10-4
        S. 3810--D                          2
 
     1    § 3. The education law is amended by adding three new sections 7204-a,
     2  7204-b and 7206-b to read as follows:
     3    § 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    § 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    § 7206-b. Requirements for a license as a professional  geologist.  1.
    19  To qualify for a license as a professional geologist, an applicant shall
    20  fulfill the following requirements:
    21    (a) Application: file an application with the department;
    22    (b)  Education:  have received an education, including a bachelor's or
    23  higher degree in geological sciences, in accordance with the commission-
    24  er's regulations;
    25    (c) Experience: have at least five years practical  experience  satis-
    26  factory  to  the board in appropriate geological work; up to one year of
    27  experience may be credited for an advanced degree (masters, doctorate or
    28  an equivalent thereof)  in  accordance  with  the  commissioner's  regu-
    29  lations;

    30    (d)  Examination: pass an examination satisfactory to the board and in
    31  accordance with the commissioner's regulations;
    32    (e) Age: be at least twenty-one years of age;
    33    (f) Character: be of good moral character as determined by the depart-
    34  ment; and
    35    (g) Fees: pay a fee of two hundred twenty dollars  to  the  department
    36  for  admission  to a department conducted examination and for an initial
    37  license, and a fee of two hundred ten dollars for each triennial  regis-
    38  tration period.
    39    2.  In  lieu  of  the  degree and experience requirements specified in
    40  paragraphs (b) and (c) of subdivision one of this section, twelve  years
    41  of  practical  experience  in  geological  work of a grade and character

    42  satisfactory to the board may be accepted by the department.
    43    3.  For an identification card as an "intern geologist", an  applicant
    44  shall  fulfill  the  requirements  of  subdivision  one of this section,
    45  except those in paragraphs (c) and (e)  of  such  subdivision,  provided
    46  that  admission  to  the  examination may be given when the applicant is
    47  within twenty credits of the completion of the requirements of the bach-
    48  elor's degree or higher as prescribed in paragraph  (b)  of  subdivision
    49  one  of this section, or has completed the practical experience require-
    50  ment of subdivision two of this section. The fee for the examination and
    51  identification card as an "intern geologist" shall  be  seventy  dollars

    52  and the fee for each reexamination shall be seventy dollars.
    53    4.  An  applicant  who applies for licensure within one year after the
    54  effective date of this section shall be qualified for  a  license  as  a
    55  professional  geologist  without  a written examination if the applicant
    56  has satisfied the requirements of  education  and  degree  described  in
        S. 3810--D                          3
 
     1  paragraphs  (b)  and  (c)  of subdivision one or subdivision two of this
     2  section no later than one year after the effective date of this section.
     3    §  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    § 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    §  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    §  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    § 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    §  8.  The  education law is amended by adding a new section 7208-a to
    45  read as follows:
    46    § 7208-a. Exempt persons in or related to the profession  of  geology.
    47  Nothing in this article shall be construed to affect or prevent:

    48    1.  The employment and supervision of interns and other persons quali-
    49  fied by education or experience by professional geologists as assistants
    50  in the performance of geological services, or as consultants or  employ-
    51  ees in special fields related to but not uniquely geology, provided that
    52  the  professional  geologist employing or supervising such persons shall
    53  not be relieved of any responsibility whatsoever by delegation  to  such
    54  persons.
    55    2. The practice of professional engineering by a professional engineer
    56  licensed  pursuant to this article to practice engineering in this state
        S. 3810--D                          4
 
     1  or an entity authorized pursuant to section seventy-two hundred  ten  of

     2  this  article to provide engineering in this state, including the inves-
     3  tigation, acquisition, evaluation, and interpretation  of  the  physical
     4  and  chemical properties of the soil, rock, groundwater, earth materials
     5  and data related thereto, and the performance of activities as specified
     6  in section seventy-two hundred four-a of this article, provided that  no
     7  such person shall use the designation, or hold himself or herself out as
     8  a  "professional  geologist," unless licensed as such in this state, and
     9  provided further that nothing in this chapter shall preclude a  licensed
    10  professional  engineer  or authorized entity from offering to provide or
    11  providing the work enumerated in this subdivision, however  categorized,

    12  on  the  grounds  that such licensed professional engineer or authorized
    13  entity is not licensed to practice geology.
    14    3. The practice of land surveying by any person that  is  licensed  or
    15  otherwise  authorized to practice land surveying in this state, provided
    16  that no such person shall use the designation or hold himself or herself
    17  out as a "professional geologist" unless licensed as such in this state.
    18    4. The execution of work by contractors or by others of work  prepared
    19  by  a  professional  geologist, or the superintendence of such work as a
    20  superintendent, foreman or inspector.
    21    5.  The practice of the profession of geology by officers and  employ-
    22  ees of this state practicing solely as officers and employees; provided,

    23  however,  that  this exemption shall not apply to officers and employees
    24  of the state of New York who commence employment or the  performance  of
    25  work related activities after the effective date of this section.
    26    6.  The  execution of geological research and/or teaching conducted at
    27  accredited educational institutions and not-for-profit  research  insti-
    28  tutions, conducted solely through those institutions.
    29    7.  Work  customarily  performed  by  physical  or  natural scientists
    30  provided such work does not include geological investigations, being  in
    31  responsible  charge  of  geological  work,  or the drawing of geological
    32  conclusions and recommendations.
    33    8. Work customarily performed by water well drillers who have received

    34  a certificate of registration pursuant to section 15-1525 of  the  envi-
    35  ronmental conservation law.
    36    §  9.  Subdivisions  1,  2 and 4 of section 7209 of the education law,
    37  subdivisions 1 and 2 as added by chapter 987 of the laws  of  1971,  the
    38  opening paragraph of subdivision 1 as amended by chapter 994 of the laws
    39  of 1971 and subdivision 4 as amended by chapter 550 of the laws of 2011,
    40  are amended to read as follows:
    41    1.  Every professional engineer [and every], land surveyor and profes-
    42  sional geologist shall have a seal, approved by the board,  which  shall
    43  contain  the  name  of the professional engineer and the words "Licensed
    44  Professional Engineer" [or], the name of the land surveyor and the words

    45  "Licensed Land Surveyor" or the name of the professional  geologist  and
    46  the  words  "Licensed  Professional  Geologist", and such other words or
    47  figures as the board may  deem  necessary.  All  plans,  specifications,
    48  plats  and  reports relating to the construction or alteration of build-
    49  ings or structures, or geologic drawings and reports  prepared  by  such
    50  professional  engineer  [and],  all  plans,  specifications,  plats  and
    51  reports prepared by such land surveyor and  all  geologic  drawings  and
    52  reports  prepared  by  such  professional geologist or by a full-time or
    53  part-time subordinate under his or her  supervision,  shall  be  stamped
    54  with  such  seal  and  shall  also  be  signed, on the original with the

    55  personal signature of such professional engineer [or], land surveyor  or
    56  professional  geologist when filed with public officials. No official of
        S. 3810--D                          5
 
     1  this state, or of any city, county, town  or  village  therein,  charged
     2  with  the enforcement of laws, ordinances or regulations shall accept or
     3  approve any plans [or], specifications, or geologic drawings or  reports
     4  that are not stamped:
     5    a.  With  the  seal  of  an architect or professional engineer or land
     6  surveyor or professional geologist licensed in this  state  and  bearing
     7  the  authorized  facsimile of the signature of such architect or profes-
     8  sional engineer or land surveyor or professional geologist, or

     9    b. With the official seal and authorized facsimile of the signature of
    10  a professional engineer or land surveyor or professional geologist not a
    11  resident of this state and having no established business in this state,
    12  but who is legally qualified to practice as such in his or her own state
    13  or country, provided that such person may lawfully practice as  such  in
    14  this state, and provided further that the plans [or], specifications, or
    15  geologic drawings or reports are accompanied by and have attached there-
    16  to  written  authorization  issued  by the department certifying to such
    17  right to practice at such time.
    18    2. a. To all plans, specifications, plats and  reports  to  which  the
    19  seal of a professional engineer or land surveyor has been applied, there

    20  shall  also  be applied a stamp with appropriate wording warning that it
    21  is a violation of this [law] article for any person, unless he or she is
    22  acting under the direction of a licensed professional engineer  or  land
    23  surveyor, to alter an item in any way. If an item bearing the seal of an
    24  engineer  or  land  surveyor  is  altered, the altering engineer or land
    25  surveyor shall affix to the item  his  or  her  seal  and  the  notation
    26  "altered  by"  followed  by  his  or  her signature and the date of such
    27  alteration, and a specific description of the alteration.
    28    b. To all geologic drawings and reports to which the seal of a profes-
    29  sional geologist or professional engineer has been applied, there  shall
    30  also  be  applied  a stamp with appropriate wording warning that it is a

    31  violation of this article for any person, unless he  or  she  is  acting
    32  under  the  direction  of a professional geologist or professional engi-
    33  neer, to alter a drawing or report in any way. If an  item  bearing  the
    34  seal  of  a  licensed professional geologist or professional engineer is
    35  altered, the altering party shall affix to the item his or her seal  and
    36  the  notation "altered by" followed by his or her signature and the date
    37  of such alteration, and a specific description of the alteration.  Noth-
    38  ing  contained  in  this  article shall be deemed to authorize a profes-
    39  sional geologist to practice professional engineering unless he  or  she
    40  is licensed as a professional engineer pursuant to this article.

    41    4.  Engineers,  land  surveyors, geologists, architects, and landscape
    42  architects may join in the formation of a joint enterprise, or  a  part-
    43  nership  or  a professional service corporation or a design professional
    44  service  corporation  or  may  form  any  desired  combination  of  such
    45  professions and may use in the name of such corporation the title of any
    46  of  the  professions  which  will  be  practiced. After the name of each
    47  member his or her profession shall be indicated.
    48    § 10. Subdivision 1 of section 7210 of the education law,  as  amended
    49  by chapter 550 of the laws of 2011, is amended to read as follows:
    50    1.  Domestic  or  foreign  professional  service  corporations, design
    51  professional service corporations, professional service limited  liabil-
    52  ity companies, foreign professional service limited liability companies,

    53  registered  limited  liability partnerships, New York registered foreign
    54  limited liability partnerships, partnerships and joint enterprises spec-
    55  ified in subdivision four of section seventy-two hundred  nine  of  this
    56  article,  provided  each  of  the  foregoing  entities  is authorized to
        S. 3810--D                          6
 
     1  provide professional engineering [or], land  surveying  or  professional
     2  geology services and general business corporations authorized to provide
     3  professional engineering or land surveying services pursuant to subdivi-
     4  sion  six  of section seventy-two hundred nine of this article may offer
     5  to provide or provide professional engineering [or], land  surveying  or

     6  professional  geology  services  only  after  obtaining a certificate of
     7  authorization from the department. Except  as  otherwise  authorized  by
     8  statute,  rule or regulation, other business entities are not authorized
     9  to offer or provide professional engineering  [or],  land  surveying  or
    10  professional geology services and may not obtain certificates of author-
    11  ization  provided  that nothing contained herein shall prohibit an indi-
    12  vidual who is licensed to practice professional engineering  [or],  land
    13  surveying  or  professional  geology under this article from obtaining a
    14  certificate of authorization upon application and payment of the  appro-
    15  priate fees provided for under this section.
    16    §  11.  Subdivision 2 of section 7307 of the education law, as amended

    17  by chapter 550 of the laws of 2011, is amended to read as follows:
    18    2. Engineers, land surveyors,  geologists,  architects  and  landscape
    19  architects  may  join in the formation of a joint enterprise, or a part-
    20  nership or a professional service corporation or a  design  professional
    21  service  corporation  or  may  form  any  desired  combination  of  such
    22  professions and may use in the name of such corporation the title of any
    23  of the professions which will be  practiced.  After  the  name  of  each
    24  member his or her profession shall be indicated.
    25    §  12.  Subdivision 2 of section 7327 of the education law, as amended
    26  by chapter 550 of the laws of 2011, is amended to read as follows:
    27    2. Engineers, land surveyors,  geologists,  architects  and  landscape
    28  architects  may  join in the formation of a joint enterprise, or a part-

    29  nership or a professional service corporation or a  design  professional
    30  service  corporation  or  may  form  any  desired  combination  of  such
    31  professions and may use in the name of such corporation the title of any
    32  of the professions which will be  practiced.  After  the  name  of  each
    33  member his or her profession shall be indicated.
    34    §  13.   Paragraphs (g) and (h) of section 1501 of the business corpo-
    35  ration law, as added by chapter 9 of the laws of 2013,  are  amended  to
    36  read as follows:
    37    (g) "Design  professional  service  corporation"  means  a corporation
    38  organized under this article practicing professional engineering, archi-
    39  tecture, landscape architecture, geology, or land surveying, or practic-
    40  ing any combination of such professions. The provisions of this  article
    41  applicable  to  professional  service corporations shall apply to design

    42  professional  service  corporations  except  to  the  extent  that   any
    43  provision  is either inconsistent with a provision expressly applying to
    44  design professional service corporations or not relevant thereto.
    45    (h) "Design professional" means an individual licensed and  registered
    46  pursuant  to  title  eight of the education law to practice professional
    47  engineering,  architecture,  landscape  architecture,  geology  or  land
    48  surveying.
    49    §  14.  Paragraph (a) of section 1503 of the business corporation law,
    50  as amended by chapter 550 of the laws of 2011, is  amended  to  read  as
    51  follows:
    52    (a)  Notwithstanding  any other provision of law, one or more individ-
    53  uals duly authorized by law to  render  the  same  professional  service
    54  within  the state may organize, or cause to be organized, a professional

    55  service corporation for pecuniary profit  under  this  article  for  the
    56  purpose  of  rendering the same professional service, except that one or
        S. 3810--D                          7
 
     1  more individuals duly authorized by law to practice  professional  engi-
     2  neering,  architecture,  landscape  architecture [or], land surveying or
     3  geology within the state may organize,  or  cause  to  be  organized,  a
     4  professional service corporation or a design professional service corpo-
     5  ration  for  pecuniary  profit  under  this  article  for the purpose of
     6  rendering such professional services as such individuals are  authorized
     7  to practice.
     8    § 15.  The opening paragraph of paragraph (b-5) of section 1503 of the
     9  business  corporation  law, as amended by chapter 9 of the laws of 2013,

    10  is amended to read as follows:
    11    On or after January first, two thousand twelve,  the  state  education
    12  department  and  the department of state shall allow an existing profes-
    13  sional service corporation organized under this article  and  practicing
    14  professional  engineering, architecture, landscape architecture, geology
    15  or land surveying, or practicing any combination of such professions  to
    16  become  a  design  professional  service  corporation as defined in this
    17  article, provided the professional service corporation meets all of  the
    18  requirements  to  become  a  design  professional  service  corporation,
    19  including that its name shall end with the  words  "design  professional
    20  corporation"  or  the abbreviation "D.P.C.", by amending its certificate
    21  of incorporation so that it contains the following statements:

    22    § 16. Paragraph (b) of section 1504 of the business  corporation  law,
    23  as  amended  by  chapter  550 of the laws of 2011, is amended to read as
    24  follows:
    25    (b) Each final plan and report made or issued by a  corporation  prac-
    26  ticing  one  or  more  of  the  professions of professional engineering,
    27  architecture, landscape architecture [or],  land  surveying  or  geology
    28  shall  bear  the  name  and  seal of one or more professional engineers,
    29  architects, landscape architects, [or] land  surveyors  or  professional
    30  geologists,  respectively, who are in responsible charge of such plan or
    31  report.
    32    § 17. Section 12 of chapter 550 of the  laws  of  2011,  amending  the
    33  business  corporation  law  and  the  education  law  relating to design
    34  professional service corporations, is REPEALED.

    35    § 18. Section 1516 of the business  corporation  law,  as  amended  by
    36  chapter 564 of the laws of 2011, is amended to read as follows:
    37  § 1516. Corporate mergers, consolidations and other reorganizations.
    38    (a)  Notwithstanding  any  inconsistent provision of this article, and
    39  subject to the limitations in paragraph (d) of this section,  a  profes-
    40  sional  service  corporation,  including  a  design professional service
    41  corporation, pursuant to the provisions of article nine of this chapter,
    42  may be merged or consolidated with another corporation  formed  pursuant
    43  to  the  provisions  of this chapter [or], with a corporation authorized
    44  and registered to practice the same profession pursuant to the  applica-
    45  ble provisions of subdivision six of section seventy-two hundred nine of

    46  the  education law (engineer or land surveyor) [or], subdivision four of
    47  section seventy-three hundred seven of the education law (architect)  or
    48  subdivision  four  of  section seventy-three hundred twenty-seven of the
    49  education law (landscape architect) of [article]  articles  one  hundred
    50  forty-five,  one  hundred forty-seven and one hundred forty-eight of the
    51  education law, or with a foreign corporation, or other  business  entity
    52  practicing the same profession or professions in this state or the state
    53  of  its  formation,  or  may be otherwise reorganized, provided that the
    54  corporation which survives or which is  formed  pursuant  thereto  is  a
    55  professional  service  corporation, a design professional service corpo-

    56  ration, a professional service limited liability company  or  a  foreign
        S. 3810--D                          8
 
     1  professional  service  corporation  practicing  the  same  profession or
     2  professions in this state or the state of incorporation or,  if  one  of
     3  the  original  corporations  is  authorized  to practice pursuant to the
     4  provisions of either subdivision six of section seventy-two hundred nine
     5  [or],  subdivision four of section seventy-three hundred seven or subdi-
     6  vision four of section seventy-three hundred twenty-four of  the  educa-
     7  tion  law,  a corporation authorized and registered to practice the same
     8  profession pursuant to the applicable provisions of subdivision  six  of
     9  section  seventy-two hundred nine of the education law (engineer or land

    10  surveyor) [or], subdivision four of section seventy-three hundred  seven
    11  of  the  education  law  (architect)  of  [article] articles one hundred
    12  forty-five, one hundred  forty-seven  and  one  hundred  forty-eight  or
    13  subdivision  four  of  section seventy-three hundred twenty-seven of the
    14  education law.
    15    (b) If the surviving business entity is  a  professional  corporation,
    16  the  restrictions  on  the  issuance,  transfer  or  sale of shares of a
    17  professional service corporation or a design professional service corpo-
    18  ration shall be suspended for a period not exceeding  thirty  days  with
    19  respect  to  any  issuance,  transfer or sale of shares made pursuant to
    20  such merger, consolidation or  reorganization,  provided  that:  (i)  no

    21  person  who  would not be eligible to be a shareholder in the absence of
    22  this section shall vote the shares of or receive any  distribution  from
    23  such  corporation;  (ii) after such merger, consolidation or reorganiza-
    24  tion, any professional service  corporation  or  a  design  professional
    25  service  corporation which survives or which is created thereby shall be
    26  subject to all of the provisions of this article; and (iii) shares ther-
    27  eafter only may be held by persons who are eligible to receive shares of
    28  such  professional  service  corporation,  design  professional  service
    29  corporation or such other corporation authorized and registered to prac-
    30  tice the same profession pursuant to the applicable provisions of subdi-
    31  vision  six  of  section  seventy-two  hundred nine of the education law

    32  (engineer or land surveyor) [or], subdivision four of  section  seventy-
    33  three hundred seven of the education law (architect) or subdivision four
    34  of  section  seventy-three  hundred  twenty-seven  of  the education law
    35  (landscape architect) of [article] articles one hundred forty-five,  one
    36  hundred  forty-seven  and  one hundred forty-eight of the education law,
    37  which survives. Nothing herein contained shall be construed  as  permit-
    38  ting  the  practice of a profession in this state by a corporation which
    39  is not incorporated pursuant  to  the  provisions  of  this  article  or
    40  authorized  to  do  business in this state pursuant to the provisions of
    41  article fifteen-A of this chapter, authorized  pursuant  to  subdivision

    42  six of section seventy-two hundred nine of the education law, authorized
    43  pursuant  to  subdivision four of section seventy-three hundred seven of
    44  the education law, authorized pursuant to subdivision  four  of  section
    45  seventy-three  hundred  twenty-seven  of the education law or authorized
    46  and registered to practice  a  profession  pursuant  to  the  applicable
    47  provisions of article one hundred forty-five, one hundred forty-seven or
    48  one  hundred  forty-eight of the education law. For the purposes of this
    49  section, other reorganizations shall be limited to those reorganizations
    50  defined in paragraph one of subsection  (a)  of  section  three  hundred
    51  sixty-eight of the internal revenue code.
    52    (c) If the surviving business entity is a professional service limited

    53  liability company, the restrictions on the issuance, transfer or sale of
    54  membership interests of a professional service limited liability company
    55  other  than  the  requirements of the first two sentences of subdivision
    56  (c) of section twelve hundred eleven of the  limited  liability  company
        S. 3810--D                          9
 
     1  law,  shall  be  suspended  for  a period not exceeding thirty days with
     2  respect to any issuance, transfer or sale of membership  interests  made
     3  pursuant  to  such merger or consolidation, provided that: (i) no person
     4  or  business  entity  who  would  not  be eligible to be a member in the
     5  absence of this section shall vote or receive any distribution from such
     6  limited liability company; (ii) after such merger or consolidation,  any
     7  professional  service limited liability company that survives or that is

     8  created thereby shall be subject to all the provisions  of  the  limited
     9  liability  company law; and (iii) membership interests thereafter may be
    10  held only by persons or business entities  who  are  eligible  to  be  a
    11  member  of  such professional service limited liability company. Nothing
    12  herein contained shall be construed as  permitting  the  practice  of  a
    13  profession  in  this  state  by  a limited liability company that is not
    14  formed pursuant to the provisions of the limited liability  company  law
    15  or  authorized to do business in the state pursuant to the provisions of
    16  article thirteen of the limited liability company law.
    17    (d) Notwithstanding the provisions contained in  paragraphs  (a),  (b)
    18  and  (c)  of  this  section,  no design professional service corporation
    19  shall be merged or consolidated with any entity unless such entity is  a

    20  professional business organization lawfully organized to provide profes-
    21  sional services pursuant to articles one hundred forty-five, one hundred
    22  forty-seven and one hundred forty-eight of the education law.
    23    §  19.  Paragraph (b) of section 1526 of the business corporation law,
    24  as added by chapter 505 of the laws of  1983,  is  amended  to  read  as
    25  follows:
    26    (b)  Each  final  plan, drawing and report made or issued by a foreign
    27  professional service corporation  practicing  professional  engineering,
    28  architecture,  landscape  architecture,  geology or land surveying shall
    29  bear the name and seal of one or  more  professional  engineers,  archi-
    30  tects,  landscape architects, professional geologists or land surveyors,
    31  respectively, who are in responsible charge of such plan or report.

    32    § 20. Section 1529 of the business  corporation  law,  as  amended  by
    33  chapter 576 of the laws of 1994, is amended to read as follows:
    34  § 1529. Business corporation law applicable.
    35    Except for the provisions of sections thirteen hundred three, thirteen
    36  hundred  four,  thirteen hundred sixteen, thirteen hundred seventeen and
    37  thirteen hundred twenty, this chapter shall be applicable to  a  foreign
    38  professional service corporation to the extent that the provisions ther-
    39  eof  are  not in conflict with the provisions of this article. A foreign
    40  professional service corporation may practice  in  this  state,  or  may
    41  consolidate  or  merge with another corporation, or may be a member of a
    42  professional service limited liability company, a  foreign  professional
    43  service  limited liability company, a registered limited liability part-

    44  nership or foreign limited liability partnership, only  if  all  of  the
    45  professions  practiced by such corporations, limited liability companies
    46  or limited liability partnerships could be practiced by a single profes-
    47  sional service corporation organized in this state; and,  further,  only
    48  if such foreign professional service corporation is domiciled in a state
    49  or  territory  of  the  United  States the laws of which, at the time of
    50  application by such corporation under section fifteen hundred thirty  of
    51  this  article,  contain  a reciprocal provision under which professional
    52  service corporations domiciled in this state may similarly apply for the
    53  privilege of doing business in any such  state  or  territory;  provided
    54  further  however,  that nothing herein shall authorize a foreign profes-
    55  sional service corporation  practicing  professional  engineering,  land

    56  surveying,  geology,  architecture and/or landscape architecture to be a
        S. 3810--D                         10
 
     1  member or partner of a professional service limited liability company, a
     2  foreign professional service limited  liability  company,  a  registered
     3  limited liability partnership or a foreign limited liability partnership
     4  unless  all  of the shareholders, directors and officers of such foreign
     5  professional service corporation are licensed to practice one or more of
     6  such professions in this state.
     7    § 21. Subdivision (a) of section 1203 of the limited liability company
     8  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
     9  as follows:
    10    (a)  Notwithstanding  the education law or any other provision of law,
    11  one or more professionals each of whom is authorized by law to render  a

    12  professional  service within the state, or one or more professionals, at
    13  least one of whom is authorized by law to render a professional  service
    14  within  the  state,  may  form,  or  cause  to be formed, a professional
    15  service limited liability company for pecuniary profit under this  arti-
    16  cle for the purpose of rendering the professional service or services as
    17  such professionals are authorized to practice. With respect to a profes-
    18  sional  service  limited  liability  company  formed  to provide medical
    19  services as such services are defined in article 131  of  the  education
    20  law,  each  member  of  such  limited liability company must be licensed
    21  pursuant to article 131 of the education law  to  practice  medicine  in
    22  this  state.  With  respect  to a professional service limited liability
    23  company formed to provide dental services as such services  are  defined

    24  in article 133 of the education law, each member of such limited liabil-
    25  ity  company  must  be licensed pursuant to article 133 of the education
    26  law to practice dentistry in this state. With respect to a  professional
    27  service  limited liability company formed to provide veterinary services
    28  as such services are defined in article 135 of the education  law,  each
    29  member  of  such  limited liability company must be licensed pursuant to
    30  article 135 of the education law to practice veterinary medicine in this
    31  state. With respect to a professional service limited liability  company
    32  formed  to  provide  professional engineering, land surveying, architec-
    33  tural [and/or], landscape architectural and/or  geological  services  as
    34  such services are defined in article 145, article 147 and article 148 of

    35  the education law, each member of such limited liability company must be
    36  licensed  pursuant to article 145, article 147 and/or article 148 of the
    37  education law to practice one or more of such professions in this state.
    38  With respect to a professional service limited liability company  formed
    39  to  provide  licensed clinical social work services as such services are
    40  defined in article 154 of the education law, each member of such limited
    41  liability company shall be licensed  pursuant  to  article  154  of  the
    42  education  law  to practice licensed clinical social work in this state.
    43  With respect to a professional service limited liability company  formed
    44  to  provide  creative arts therapy services as such services are defined
    45  in article 163 of the education law, each member of such limited liabil-
    46  ity company must be licensed pursuant to article 163  of  the  education

    47  law  to  practice creative arts therapy in this state. With respect to a
    48  professional  service  limited  liability  company  formed  to   provide
    49  marriage  and  family  therapy  services as such services are defined in
    50  article 163 of the education law, each member of such limited  liability
    51  company must be licensed pursuant to article 163 of the education law to
    52  practice  marriage  and  family therapy in this state. With respect to a
    53  professional service limited liability company formed to provide  mental
    54  health  counseling  services as such services are defined in article 163
    55  of the education law, each member of such limited liability company must
    56  be licensed pursuant to article 163 of the  education  law  to  practice
        S. 3810--D                         11
 
     1  mental  health  counseling in this state. With respect to a professional

     2  service limited  liability  company  formed  to  provide  psychoanalysis
     3  services  as  such  services are defined in article 163 of the education
     4  law,  each  member  of  such  limited liability company must be licensed
     5  pursuant to article 163 of the education law to practice  psychoanalysis
     6  in  this state. With respect to a professional service limited liability
     7  company formed to provide applied behavior  analysis  services  as  such
     8  services are defined in article 167 of the education law, each member of
     9  such limited liability company must be licensed or certified pursuant to
    10  article  167  of the education law to practice applied behavior analysis
    11  in  this  state.  In  addition  to  engaging  in  such   profession   or
    12  professions, a professional service limited liability company may engage
    13  in  any  other  business  or  activities as to which a limited liability

    14  company may be formed under section two hundred  one  of  this  chapter.
    15  Notwithstanding  any  other  provision  of  this section, a professional
    16  service limited liability company (i) authorized  to  practice  law  may
    17  only  engage  in  another  profession  or business or activities or (ii)
    18  which is engaged in a profession or other business or  activities  other
    19  than  law  may  only  engage  in  the practice of law, to the extent not
    20  prohibited by any other law of this state or any  rule  adopted  by  the
    21  appropriate  appellate  division  of  the  supreme court or the court of
    22  appeals.
    23    § 22. Subdivision (b) of section 1207 of the limited liability company
    24  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
    25  as follows:
    26    (b)  With  respect to a professional service limited liability company

    27  formed to provide medical services as such services are defined in arti-
    28  cle 131 of the education law, each  member  of  such  limited  liability
    29  company must be licensed pursuant to article 131 of the education law to
    30  practice  medicine in this state. With respect to a professional service
    31  limited liability company formed to  provide  dental  services  as  such
    32  services are defined in article 133 of the education law, each member of
    33  such  limited liability company must be licensed pursuant to article 133
    34  of the education law to practice dentistry in this state.  With  respect
    35  to  a  professional  service limited liability company formed to provide
    36  veterinary services as such services are defined in article 135  of  the
    37  education  law,  each  member  of such limited liability company must be
    38  licensed pursuant to article 135 of the education law to practice veter-

    39  inary medicine in this state. With respect  to  a  professional  service
    40  limited  liability  company  formed to provide professional engineering,
    41  land surveying, architectural [and/or], landscape  architectural  and/or
    42  geological services as such services are defined in article 145, article
    43  147  and  article  148 of the education law, each member of such limited
    44  liability company must be licensed pursuant to article 145, article  147
    45  and/or  article 148 of the education law to practice one or more of such
    46  professions in this state. With respect to a professional service limit-
    47  ed liability company formed to provide  licensed  clinical  social  work
    48  services  as  such  services are defined in article 154 of the education
    49  law, each member of such limited liability  company  shall  be  licensed

    50  pursuant  to article 154 of the education law to practice licensed clin-
    51  ical social work in this state. With respect to a  professional  service
    52  limited  liability  company  formed  to  provide  creative  arts therapy
    53  services as such services are defined in article 163  of  the  education
    54  law,  each  member  of  such  limited liability company must be licensed
    55  pursuant to article 163 of the education law to practice  creative  arts
    56  therapy  in  this  state. With respect to a professional service limited
        S. 3810--D                         12
 
     1  liability company formed to provide marriage and family therapy services
     2  as such services are defined in article 163 of the education  law,  each
     3  member  of  such  limited liability company must be licensed pursuant to
     4  article 163 of the education law to practice marriage and family therapy

     5  in  this state. With respect to a professional service limited liability
     6  company formed to provide mental  health  counseling  services  as  such
     7  services are defined in article 163 of the education law, each member of
     8  such  limited liability company must be licensed pursuant to article 163
     9  of the education law to practice mental health counseling in this state.
    10  With respect to a professional service limited liability company  formed
    11  to provide psychoanalysis services as such services are defined in arti-
    12  cle  163  of  the  education  law, each member of such limited liability
    13  company must be licensed pursuant to article 163 of the education law to
    14  practice psychoanalysis in this state. With respect  to  a  professional
    15  service  limited  liability  company  formed to provide applied behavior
    16  analysis services as such services are defined in  article  167  of  the

    17  education  law,  each  member  of such limited liability company must be
    18  licensed or certified pursuant to article 167 of the  education  law  to
    19  practice applied behavior analysis in this state.
    20    §  23. Subdivisions (a) and (f) of section 1301 of the limited liabil-
    21  ity company law, subdivision (a) as amended by chapter 554 of  the  laws
    22  of  2013  and  subdivision  (f) as amended by chapter 170 of the laws of
    23  1996, are amended to read as follows:
    24    (a) "Foreign professional service limited liability company"  means  a
    25  professional  service  limited liability company, whether or not denomi-
    26  nated as such, organized under the laws of  a  jurisdiction  other  than
    27  this state, (i) each of whose members and managers, if any, is a profes-
    28  sional  authorized  by  law to render a professional service within this
    29  state and who is or has been engaged in the practice of such  profession

    30  in  such professional service limited liability company or a predecessor
    31  entity, or will engage in the practice of such profession in the profes-
    32  sional service limited liability company within thirty days of the  date
    33  such  professional becomes a member, or each of whose members and manag-
    34  ers, if any, is a professional at least one of such members  is  author-
    35  ized  by  law to render a professional service within this state and who
    36  is or has been engaged in  the  practice  of  such  profession  in  such
    37  professional  service limited liability company or a predecessor entity,
    38  or will engage in the practice of such profession  in  the  professional
    39  service  limited  liability  company within thirty days of the date such
    40  professional becomes a member, or  (ii)  authorized  by,  or  holding  a
    41  license,  certificate,  registration  or  permit issued by the licensing

    42  authority pursuant to,  the  education  law  to  render  a  professional
    43  service within this state; except that all members and managers, if any,
    44  of  a  foreign  professional  service  limited  liability  company  that
    45  provides health services in this state shall be licensed in this  state.
    46  With respect to a foreign professional service limited liability company
    47  which provides veterinary services as such services are defined in arti-
    48  cle  135  of the education law, each member of such foreign professional
    49  service limited liability company shall be licensed pursuant to  article
    50  135  of  the education law to practice veterinary medicine. With respect
    51  to a  foreign  professional  service  limited  liability  company  which
    52  provides medical services as such services are defined in article 131 of
    53  the  education  law,  each  member  of such foreign professional service

    54  limited liability company must be licensed pursuant to  article  131  of
    55  the education law to practice medicine in this state.  With respect to a
    56  foreign  professional  service  limited liability company which provides
        S. 3810--D                         13
 
     1  dental services as such services are  defined  in  article  133  of  the
     2  education  law, each member of such foreign professional service limited
     3  liability company must be licensed pursuant to article 133 of the educa-
     4  tion  law to practice dentistry in this state. With respect to a foreign
     5  professional service limited liability company  which  provides  profes-
     6  sional engineering, land surveying, geologic, architectural and/or land-
     7  scape  architectural  services  as  such services are defined in article
     8  145, article 147 and article 148 of the education law,  each  member  of

     9  such  foreign  professional  service  limited  liability company must be
    10  licensed pursuant to article 145, article 147 and/or article 148 of  the
    11  education law to practice one or more of such professions in this state.
    12  With respect to a foreign professional service limited liability company
    13  which  provides  licensed clinical social work services as such services
    14  are defined in article 154 of the education law,  each  member  of  such
    15  foreign professional service limited liability company shall be licensed
    16  pursuant to article 154 of the education law to practice clinical social
    17  work  in  this  state.  With  respect  to a foreign professional service
    18  limited liability company which provides creative arts therapy  services
    19  as  such  services are defined in article 163 of the education law, each
    20  member of such foreign professional service  limited  liability  company

    21  must  be  licensed pursuant to article 163 of the education law to prac-
    22  tice creative arts therapy in this state.  With  respect  to  a  foreign
    23  professional  service  limited liability company which provides marriage
    24  and family therapy services as such services are defined in article  163
    25  of  the  education law, each member of such foreign professional service
    26  limited liability company must be licensed pursuant to  article  163  of
    27  the education law to practice marriage and family therapy in this state.
    28  With respect to a foreign professional service limited liability company
    29  which  provides  mental  health counseling services as such services are
    30  defined in article 163 of the education law, each member of such foreign
    31  professional service limited liability company must be licensed pursuant
    32  to article 163 of the education law to practice mental health counseling

    33  in this state. With respect to a foreign  professional  service  limited
    34  liability   company  which  provides  psychoanalysis  services  as  such
    35  services are defined in article 163 of the education law, each member of
    36  such foreign professional service  limited  liability  company  must  be
    37  licensed  pursuant  to  article  163  of  the  education law to practice
    38  psychoanalysis in this state. With respect  to  a  foreign  professional
    39  service limited liability company which provides applied behavior analy-
    40  sis  services  as such services are defined in article 167 of the educa-
    41  tion law, each member  of  such  foreign  professional  service  limited
    42  liability  company must be licensed or certified pursuant to article 167
    43  of the education law to  practice  applied  behavior  analysis  in  this
    44  state.
    45    (f) "Professional partnership" means (1) a partnership without limited

    46  partners  each  of whose partners is a professional authorized by law to
    47  render a professional service within this state, (2) a partnership with-
    48  out limited partners each of whose partners is a professional, at  least
    49  one of whom is authorized by law to render a professional service within
    50  this  state or (3) a partnership without limited partners authorized by,
    51  or holding a license, certificate, registration or permit issued by  the
    52  licensing  authority  pursuant  to the education law to render a profes-
    53  sional service within this state; except that all partners of a  profes-
    54  sional  partnership that provides medical services in this state must be
    55  licensed pursuant to article 131 of the education law to practice  medi-
    56  cine  in  this state and all partners of a professional partnership that
        S. 3810--D                         14
 

     1  provides dental services in this state  must  be  licensed  pursuant  to
     2  article  133  of  the education law to practice dentistry in this state;
     3  except that all partners of a  professional  partnership  that  provides
     4  veterinary  services  in this state must be licensed pursuant to article
     5  135 of the education law to practice veterinary medicine in this  state;
     6  and  further except that all partners of a professional partnership that
     7  provides professional engineering, land surveying,  geologic,  architec-
     8  tural,  and/or  landscape  architectural  services in this state must be
     9  licensed pursuant to article 145, article 147 and/or article 148 of  the
    10  education law to practice one or more of such professions.
    11    § 24. Subdivision (b) of section 1302 of the limited liability company
    12  law is amended to read as follows:

    13    (b)  Each  final  plan  and report made or issued by a foreign profes-
    14  sional service limited liability company practicing  professional  engi-
    15  neering, geology, architecture, landscape architecture or land surveying
    16  shall  bear  the  name  and  seal of one or more professional engineers,
    17  professional  geologists,  architects,  landscape  architects,  or  land
    18  surveyors,  respectively,  who are in responsible charge of such plan or
    19  report.
    20    § 25. The ninth and fourteenth undesignated paragraphs of section 2 of
    21  the partnership law, the ninth  undesignated  paragraph  as  amended  by
    22  chapter  643  of  the laws of 1995 and the fourteenth undesignated para-
    23  graph as added by chapter 576 of the laws of 1994, are amended  to  read
    24  as follows:
    25    "Foreign  limited  liability  partnership"  means  (i) any partnership

    26  without limited partners operating under an agreement  governed  by  the
    27  laws  of any jurisdiction, other than this state, each of whose partners
    28  is a professional authorized by law to  render  a  professional  service
    29  within this state and who is or has been engaged in the practice of such
    30  profession  in  such partnership or a predecessor entity, or will engage
    31  in the practice of such profession  in  the  foreign  limited  liability
    32  partnership  within  thirty days of the date of the effectiveness of the
    33  notice provided for in subdivision (a) of section 121-1502 of this chap-
    34  ter or each of whose partners is a professional, at least one of whom is
    35  authorized by law to render a professional service within this state and
    36  who is or has been engaged in the practice of such  profession  in  such
    37  partnership  or  a predecessor entity, or will engage in the practice of

    38  such profession in the  foreign  limited  liability  partnership  within
    39  thirty  days of the date of the effectiveness of the notice provided for
    40  in subdivision (a) of section 121-1502 of this chapter, (ii)  any  part-
    41  nership  without  limited partners operating under an agreement governed
    42  by the laws of any jurisdiction, other than this state,  authorized  by,
    43  or  holding a license, certificate, registration or permit issued by the
    44  licensing authority pursuant to, the education law to render  a  profes-
    45  sional  service  within  this  state, which renders or intends to render
    46  professional services within this state and which is  denominated  as  a
    47  registered  limited  liability partnership or limited liability partner-
    48  ship under such laws, regardless of any difference between such laws and
    49  the laws of this state, or (iii) a  foreign  related  limited  liability

    50  partnership;  except  that  all  partners of a foreign limited liability
    51  partnership that provides health, professional engineering, land survey-
    52  ing, geologic, architectural and/or landscape architectural services  in
    53  this state shall be licensed in this state.
    54    "Professional  partnership"  means  (1)  a partnership without limited
    55  partners each of whose partners is a professional authorized by  law  to
    56  render a professional service within this state, (2) a partnership with-
        S. 3810--D                         15
 
     1  out  limited partners each of whose partners is a professional, at least
     2  one of whom is authorized by law to render a professional service within
     3  this state or (3) a partnership without limited partners authorized  by,
     4  or  holding a license, certificate, registration or permit issued by the

     5  licensing authority pursuant to the education law to  render  a  profes-
     6  sional  service within this state; except that all partners of a profes-
     7  sional partnership that provides medical services in this state must  be
     8  licensed  pursuant to article 131 of the education law to practice medi-
     9  cine in this state and all partners of a professional  partnership  that
    10  provides  dental  services  in  this  state must be licensed pursuant to
    11  article 133 of the education law to practice dentistry  in  this  state;
    12  and  further except that all partners of a professional partnership that
    13  provides professional engineering, land surveying,  geologic,  architec-
    14  tural  and/or  landscape  architectural  services  in this state must be
    15  licensed pursuant to article 145, article 147 and/or article 148 of  the
    16  education law to practice one or more of such professions in this state.

    17    §  26.  Subdivision (q) of section 121-1500 of the partnership law, as
    18  amended by chapter 554 of the laws  of  2013,  is  amended  to  read  as
    19  follows:
    20    (q)  Each partner of a registered limited liability partnership formed
    21  to provide medical services in this state must be licensed  pursuant  to
    22  article  131 of the education law to practice medicine in this state and
    23  each partner of a registered limited  liability  partnership  formed  to
    24  provide dental services in this state must be licensed pursuant to arti-
    25  cle  133 of the education law to practice dentistry in this state.  Each
    26  partner of a registered limited liability partnership formed to  provide
    27  veterinary  services  in this state must be licensed pursuant to article
    28  135 of the education law to practice veterinary medicine in this  state.
    29  Each  partner  of  a  registered limited liability partnership formed to

    30  provide professional engineering, land surveying,  geological  services,
    31  architectural and/or landscape architectural services in this state must
    32  be  licensed  pursuant to article 145, article 147 and/or article 148 of
    33  the education law to practice one or more of such  professions  in  this
    34  state. Each partner of a registered limited liability partnership formed
    35  to  provide licensed clinical social work services in this state must be
    36  licensed pursuant to article 154 of the education law to practice  clin-
    37  ical  social  work  in  this state. Each partner of a registered limited
    38  liability partnership formed to provide creative arts  therapy  services
    39  in  this state must be licensed pursuant to article 163 of the education
    40  law to practice creative arts therapy in this state. Each partner  of  a
    41  registered  limited liability partnership formed to provide marriage and

    42  family therapy services in this state must be licensed pursuant to arti-
    43  cle 163 of the education law to practice marriage and family therapy  in
    44  this  state.  Each partner of a registered limited liability partnership
    45  formed to provide mental health counseling services in this  state  must
    46  be  licensed  pursuant  to  article 163 of the education law to practice
    47  mental health counseling in this state. Each  partner  of  a  registered
    48  limited  liability partnership formed to provide psychoanalysis services
    49  in this state must be licensed pursuant to article 163 of the  education
    50  law  to  practice psychoanalysis in this state. Each partner of a regis-
    51  tered limited liability partnership formed to provide  applied  behavior
    52  analysis service in this state must be licensed or certified pursuant to
    53  article  167  of the education law to practice applied behavior analysis
    54  in this state.

        S. 3810--D                         16
 
     1    § 27. Subdivision (q) of section 121-1502 of the partnership  law,  as
     2  amended  by  chapter  554  of  the  laws  of 2013, is amended to read as
     3  follows:
     4    (q)  Each  partner  of  a  foreign limited liability partnership which
     5  provides medical services in this state must  be  licensed  pursuant  to
     6  article  131  of the education law to practice medicine in the state and
     7  each partner of a foreign limited liability partnership  which  provides
     8  dental services in the state must be licensed pursuant to article 133 of
     9  the education law to practice dentistry in this state. Each partner of a
    10  foreign  limited liability partnership which provides veterinary service
    11  in the state shall be licensed pursuant to article 135 of the  education
    12  law  to  practice  veterinary  medicine in this state. Each partner of a

    13  foreign limited liability partnership which provides professional  engi-
    14  neering, land surveying, geological services, architectural and/or land-
    15  scape  architectural services in this state must be licensed pursuant to
    16  article 145, article 147 and/or article 148  of  the  education  law  to
    17  practice  one  or  more  of  such professions. Each partner of a foreign
    18  limited liability partnership which provides  licensed  clinical  social
    19  work  services in this state must be licensed pursuant to article 154 of
    20  the education law to practice licensed  clinical  social  work  in  this
    21  state.  Each  partner  of  a foreign limited liability partnership which
    22  provides creative arts therapy services in this state must  be  licensed
    23  pursuant  to  article 163 of the education law to practice creative arts
    24  therapy in this state. Each partner of a foreign limited liability part-

    25  nership which provides marriage and  family  therapy  services  in  this
    26  state  must  be licensed pursuant to article 163 of the education law to
    27  practice marriage and family therapy in this state. Each  partner  of  a
    28  foreign limited liability partnership which provides mental health coun-
    29  seling  services  in this state must be licensed pursuant to article 163
    30  of the education law to practice mental health counseling in this state.
    31  Each partner of a foreign limited liability partnership  which  provides
    32  psychoanalysis services in this state must be licensed pursuant to arti-
    33  cle  163  of the education law to practice psychoanalysis in this state.
    34  Each partner of a foreign limited liability partnership  which  provides
    35  applied  behavior  analysis  services  in this state must be licensed or
    36  certified pursuant to article 167  of  the  education  law  to  practice

    37  applied behavior analysis in this state.
    38    §  28. This act shall take effect two years after the date on which it
    39  shall have become a law.