S T A T E O F N E W Y O R K
________________________________________________________________________
4774--B
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, CAHILL, ROSENTHAL -- Multi-Sponsored
by -- M. of A. MILLER -- 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 recommitted to said committee
AN ACT to amend the education law, the business corporation law, the
limited liability company law and the partnership law, in relation to
providing for the licensing of the profession of geology
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding three new sections
7204-a, 7204-b and 7206-b to read as follows:
S 7204-A. THE PRACTICE OF THE PROFESSION OF GEOLOGY. THE PRACTICE OF
THE PROFESSION OF GEOLOGY IS DEFINED AS THE PERFORMANCE OF GEOLOGY
INCLUDING, BUT NOT LIMITED TO, RESEARCHING, INVESTIGATING, CONSULTING
AND GEOLOGICAL MAPPING, DESCRIBING THE NATURAL PROCESSES THAT ACT UPON
THE EARTH'S MATERIALS, PREDICTING THE PROBABLE OCCURRENCE OF NATURAL
RESOURCES, PREDICTING AND LOCATING NATURAL OR HUMAN-INDUCED PHENOMENA
WHICH MAY BE USEFUL OR HAZARDOUS TO HUMANKIND AND RECOGNIZING, DETERMIN-
ING AND EVALUATING GEOLOGICAL FACTORS, AND THE INSPECTION AND PERFORM-
ANCE OF GEOLOGICAL WORK AND THE RESPONSIBLE SUPERVISION THEREOF IN
FURTHERANCE OF THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC; PROVIDED,
HOWEVER, THAT GEOLOGICAL MAPPING SHALL NOT INCLUDE THE PRACTICE OF LAND
SURVEYING AS DEFINED IN SECTION SEVENTY-TWO HUNDRED THREE OF THIS ARTI-
CLE.
S 7204-B. PRACTICE OF GEOLOGY AND THE USE OF TITLE "LICENSED PROFES-
SIONAL GEOLOGIST". ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER
THIS ARTICLE SHALL PRACTICE THE PROFESSION OF GEOLOGY OR USE THE TITLE
"LICENSED PROFESSIONAL GEOLOGIST".
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06870-04-9
A. 4774--B 2
S 7206-B. REQUIREMENTS FOR A LICENSE AS A LICENSED GEOLOGIST. 1. TO
QUALIFY FOR A LICENSE AS A LICENSED GEOLOGIST, AN APPLICANT SHALL
FULFILL THE FOLLOWING REQUIREMENTS:
(A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
(B) EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING A BACHELOR'S OR
HIGHER DEGREE IN GEOLOGICAL SCIENCES, IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS;
(C) EXPERIENCE: HAVE AT LEAST FIVE YEARS PRACTICAL EXPERIENCE SATIS-
FACTORY TO THE BOARD IN APPROPRIATE GEOLOGICAL WORK; UP TO ONE YEAR OF
EXPERIENCE MAY BE CREDITED FOR AN ADVANCED DEGREE (MASTERS, DOCTORATE OR
AN EQUIVALENT THEREOF) IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
LATIONS;
(D) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
(E) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
(F) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
(G) FEES: PAY A FEE OF TWO HUNDRED TWENTY DOLLARS TO THE DEPARTMENT
FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION AND FOR AN INITIAL
LICENSE, AND A FEE OF TWO HUNDRED TEN DOLLARS FOR EACH TRIENNIAL REGIS-
TRATION PERIOD.
2. IN LIEU OF THE EDUCATION AND EXPERIENCE REQUIREMENTS SPECIFIED IN
PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OF THIS SECTION, TWELVE YEARS
OF PRACTICAL EXPERIENCE IN GEOLOGICAL WORK OF A GRADE AND CHARACTER
SATISFACTORY TO THE BOARD MAY BE ACCEPTED BY THE DEPARTMENT.
3. AN APPLICANT WHO APPLIES FOR LICENSURE WITHIN ONE YEAR AFTER THE
EFFECTIVE DATE OF THIS SECTION SHALL BE QUALIFIED FOR A LICENSE AS A
LICENSED GEOLOGIST WITHOUT A WRITTEN EXAMINATION IF THE APPLICANT HAS
SATISFIED THE REQUIREMENTS OF EDUCATION AND EXPERIENCE DESCRIBED IN
PARAGRAPHS (B) AND (C) OF SUBDIVISION ONE OR SUBDIVISION TWO OF THIS
SECTION NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
S 2. Subdivision 3 of section 7207 of the education law is renumbered
subdivision 4 and a new subdivision 3 is added to read as follows:
3. ON RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A LIMITED
PERMIT TO PRACTICE AS A LICENSED GEOLOGIST TO A GEOLOGIST NOT A RESIDENT
OF THIS STATE AND HAVING NO ESTABLISHED PLACE OF PRACTICE IN THIS STATE
WHO IS LEGALLY QUALIFIED TO PRACTICE AS SUCH IN HIS OR HER OWN COUNTRY
OR STATE WITH STANDARDS EQUIVALENT TO THOSE ENUMERATED IN THIS ARTICLE
AND WHO SUBMITS EVIDENCE SATISFACTORY TO THE BOARD ESTABLISHED AND
RECOGNIZED PROFESSIONAL STANDING IN HIS OR HER OWN COUNTRY OR STATE AND
WHO SUBMITS SATISFACTORY CERTIFICATION AS TO CHARACTER AND QUALIFICA-
TIONS FROM AT LEAST TWO LICENSED PROFESSIONAL GEOLOGISTS, ONE OF WHOM
SHALL BE A RESIDENT OF THIS STATE. SUCH LIMITED PERMIT SHALL BE ISSUED
SOLELY IN CONNECTION WITH THE SPECIFIC PROJECT FOR WHICH SUCH LIMITED
PERMIT IS GRANTED. THE FEE FOR EACH LIMITED PERMIT SHALL BE ONE HUNDRED
FIVE DOLLARS.
S 3. The section heading of section 7208 of the education law, as
added by chapter 987 of the laws of 1971, is amended to read as follows:
Exempt persons FOR THE PROFESSIONS OF ENGINEERING AND LAND SURVEYING.
S 4. The education law is amended by adding a new section 7208-a to
read as follows:
S 7208-A. EXEMPT PERSONS IN OR RELATED TO THE PROFESSION OF GEOLOGY.
NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AFFECT OR PREVENT:
1. THE EMPLOYMENT AND SUPERVISION OF INTERNS AND OTHER PERSONS QUALI-
FIED BY EDUCATION OR EXPERIENCE BY LICENSED GEOLOGISTS AS ASSISTANTS IN
THE PERFORMANCE OF GEOLOGICAL SERVICES, OR AS CONSULTANTS OR EMPLOYEES
A. 4774--B 3
IN SPECIAL FIELDS RELATED TO BUT NOT UNIQUELY GEOLOGY, PROVIDED THAT THE
LICENSED GEOLOGIST EMPLOYING OR SUPERVISING SUCH PERSONS SHALL NOT BE
RELIEVED OF ANY RESPONSIBILITY WHATSOEVER BY DELEGATION TO SUCH PERSONS.
2. THE PRACTICE OF PROFESSIONAL ENGINEERING BY A PROFESSIONAL ENGINEER
LICENSED PURSUANT TO THIS ARTICLE TO PRACTICE ENGINEERING IN THIS STATE
OR AN ENTITY AUTHORIZED PURSUANT TO SECTION SEVENTY-TWO HUNDRED TEN OF
THIS ARTICLE TO PROVIDE ENGINEERING IN THIS STATE, INCLUDING THE INVES-
TIGATION, ACQUISITION, EVALUATION, AND INTERPRETATION OF THE PHYSICAL
AND CHEMICAL PROPERTIES OF THE SOIL, ROCK, GROUNDWATER, EARTH MATERIALS
AND DATA RELATED THERETO, AND THE PERFORMANCE OF ACTIVITIES AS SPECIFIED
IN SECTION SEVENTY-TWO HUNDRED FOUR-A OF THIS ARTICLE, PROVIDED THAT NO
SUCH PERSON SHALL USE THE DESIGNATION, OR HOLD HIMSELF OR HERSELF OUT AS
A "LICENSED PROFESSIONAL GEOLOGIST," UNLESS LICENSED AS SUCH IN THIS
STATE.
3. THE PRACTICE OF LAND SURVEYING BY ANY PERSON THAT IS LICENSED OR
OTHERWISE AUTHORIZED TO PRACTICE LAND SURVEYING IN THIS STATE, PROVIDED
THAT NO SUCH PERSON SHALL USE THE DESIGNATION OR HOLD HIMSELF OR HERSELF
OUT AS A "LICENSED PROFESSIONAL GEOLOGIST" UNLESS LICENSED AS SUCH IN
THIS STATE.
4. THE EXECUTION OF WORK BY CONTRACTORS OR BY OTHERS OF WORK PREPARED
BY A LICENSED GEOLOGIST, OR THE SUPERINTENDENCE OF SUCH WORK AS A SUPER-
INTENDENT, FOREMAN OR INSPECTOR.
5. THE PRACTICE OF THE PROFESSION OF GEOLOGY BY OFFICERS AND EMPLOY-
EES OF THIS STATE PRACTICING SOLELY AS OFFICERS AND EMPLOYEES; PROVIDED,
HOWEVER, THAT THIS EXEMPTION SHALL NOT APPLY TO OFFICERS AND EMPLOYEES
OF THE STATE OF NEW YORK WHO COMMENCE EMPLOYMENT OR THE PERFORMANCE OF
WORK RELATED ACTIVITIES AFTER THE EFFECTIVE DATE OF THIS SECTION.
6. THE EXECUTION OF GEOLOGICAL RESEARCH AND/OR TEACHING CONDUCTED AT
ACCREDITED EDUCATIONAL INSTITUTIONS AND NOT-FOR-PROFIT RESEARCH INSTI-
TUTIONS, CONDUCTED SOLELY THROUGH THOSE INSTITUTIONS.
7. WORK CUSTOMARILY PERFORMED BY PHYSICAL OR NATURAL SCIENTISTS
PROVIDED SUCH WORK DOES NOT INCLUDE GEOLOGICAL INVESTIGATIONS, BEING IN
RESPONSIBLE CHARGE OF GEOLOGICAL WORK, OR THE DRAWING OF GEOLOGICAL
CONCLUSIONS AND RECOMMENDATIONS.
8. WORK CUSTOMARILY PERFORMED BY WELL DRILLERS CERTIFIED PURSUANT TO
THE PROVISIONS OF THE ENVIRONMENTAL CONSERVATION LAW.
S 5. The section heading of section 7209 of the education law, as
added by chapter 987 of the laws of 1971, is amended to read as follows:
Special provisions FOR THE PROFESSIONS OF ENGINEERING AND LAND SURVEY-
ING.
S 6. The education law is amended by adding a new section 7209-a to
read as follows:
S 7209-A. SPECIAL PROVISIONS FOR THE PROFESSION OF GEOLOGY. 1. EVERY
LICENSED GEOLOGIST SHALL HAVE A SEAL, APPROVED BY THE BOARD, WHICH SHALL
CONTAIN THE NAME OF THE LICENSED GEOLOGIST AND THE WORDS "LICENSED
PROFESSIONAL GEOLOGIST" AND SUCH OTHER WORDS OR FIGURES AS THE BOARD MAY
DEEM NECESSARY. ALL GEOLOGICAL DRAWINGS AND REPORTS, PREPARED BY SUCH
GEOLOGIST OR BY A FULL-TIME OR PART-TIME SUBORDINATE EMPLOYED UNDER HIS
OR HER SUPERVISION, SHALL BE STAMPED WITH SUCH SEAL AND SHALL ALSO BE
SIGNED ON THE ORIGINAL WITH THE PERSONAL SIGNATURE OF SUCH GEOLOGIST
WHEN FILED WITH APPROPRIATE PUBLIC OFFICIALS. NO OFFICIAL OF THIS STATE,
OR OF ANY COUNTY, CITY, TOWN OR VILLAGE THEREIN, CHARGED WITH THE
ENFORCEMENT OF LAWS, ORDINANCES OR REGULATIONS SHALL ACCEPT OR APPROVE
ANY GEOLOGIC DRAWINGS OR REPORTS THAT ARE NOT STAMPED:
A. 4774--B 4
(A) WITH THE SEAL OF A LICENSED PROFESSIONAL GEOLOGIST AND BEARING THE
AUTHORIZED FACSIMILE OF THE SIGNATURE OF SUCH LICENSED PROFESSIONAL
GEOLOGIST;
(B) WITH THE OFFICIAL SEAL AND AUTHORIZED FACSIMILE OF THE SIGNATURE
OF A GEOLOGIST WHO HAS BEEN GRANTED A LIMITED PERMIT PURSUANT TO SUBDI-
VISION THREE OF SECTION SEVENTY-TWO HUNDRED SEVEN OF THIS ARTICLE,
PROVIDED THAT THE GEOLOGIC DRAWINGS AND REPORTS ARE ACCOMPANIED BY AND
HAVE ATTACHED THERETO WRITTEN AUTHORIZATION ISSUED BY THE DEPARTMENT
CERTIFYING TO THE GRANTING OF SUCH LIMITED PERMIT; OR
(C) WITH THE SEAL OF A LICENSED PROFESSIONAL ENGINEER AND BEARING THE
AUTHORIZED FACSIMILE OF THE SIGNATURE OF SUCH LICENSED PROFESSIONAL
ENGINEER; PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE
DEEMED TO EXPAND THE SCOPE OF THE PRACTICE OF A LICENSED PROFESSIONAL
ENGINEER AS DEFINED IN SECTION SEVENTY-TWO HUNDRED ONE OF THIS ARTICLE.
2. ALL GEOLOGIC DRAWINGS AND REPORTS TO WHICH SUCH SEAL HAS BEEN
APPLIED SHALL ALSO BE STAMPED WITH APPROPRIATE WORDING WARNING THAT IT
IS A VIOLATION OF THIS LAW FOR ANY PERSON, UNLESS HE OR SHE IS ACTING
UNDER THE DIRECTION OF A LICENSED GEOLOGIST OR PROFESSIONAL ENGINEER, TO
ALTER A DRAWING OR REPORT IN ANY WAY. IF AN ITEM BEARING THE SEAL OF A
LICENSED PROFESSIONAL GEOLOGIST OR PROFESSIONAL ENGINEER IS ALTERED, THE
ALTERING PARTY SHALL AFFIX TO THE ITEM HIS OR HER SEAL AND THE NOTATION
"ALTERED BY" FOLLOWED BY HIS OR HER SIGNATURE AND THE DATE OF SUCH
ALTERATION, AND A SPECIFIC DESCRIPTION OF THE ALTERATION.
3. ENGINEERS, LAND SURVEYORS, ARCHITECTS, LANDSCAPE ARCHITECTS AND
LICENSED GEOLOGISTS MAY JOIN IN THE FORMATION OF A JOINT-ENTERPRISE, A
PARTNERSHIP, A PROFESSIONAL SERVICE CORPORATION OR A PROFESSIONAL
SERVICE LIMITED LIABILITY COMPANY, OR MAY FORM ANY DESIRED COMBINATION
OF SUCH PROFESSIONS, AND MAY USE IN THE NAME OF SUCH ENTITY OR ENTITIES
THE TITLE OF ANY OF THE PROFESSIONS WHICH WILL BE PRACTICED. AFTER THE
NAME OF EACH MEMBER, HIS OR HER PROFESSION SHALL BE INDICATED.
4. A LICENSED PROFESSIONAL GEOLOGIST IS NOT AUTHORIZED TO PRACTICE
PROFESSIONAL ENGINEERING UNLESS HE OR SHE IS LICENSED AS A PROFESSIONAL
ENGINEER PURSUANT TO THIS ARTICLE.
S 7. Subdivision 4 of section 7209 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
4. Engineers, land surveyors, architects, [and] landscape architects
AND LICENSED GEOLOGISTS may join in the formation of a joint enterprise,
[or] a partnership [or], a professional service corporation, A PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY OR A REGISTERED LIMITED LIABIL-
ITY PARTNERSHIP, or may form any desired combination of such professions
and may use in the name of such [corporation] ENTITY OR ENTITIES the
title of any of the professions which will be practiced. After the name
of each member his OR HER profession shall be indicated.
S 8. Subdivision 2 of section 7307 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
2. Engineers, land surveyors, architects [and], landscape architects
AND LICENSED GEOLOGISTS may join in the formation of a joint enterprise,
[or] a partnership [or], a professional service corporation, A PROFES-
SIONAL SERVICE LIMITED LIABILITY COMPANY OR A REGISTERED LIMITED LIABIL-
ITY PARTNERSHIP, or may form any desired combination of such professions
and may use in the name of such corporation the title of any of the
professions which will be practiced. After the name of each member his
OR HER profession shall be indicated.
S 9. The article heading of article 145 of the education law, as added
by chapter 987 of the laws of 1971, is amended to read as follows:
A. 4774--B 5
ENGINEERING [AND], LAND SURVEYING AND
GEOLOGY
S 10. Section 7200 of the education law, as added by chapter 987 of
the laws of 1971, is amended to read as follows:
S 7200. Introduction. This article applies to the professions of
engineering [and], land surveying AND GEOLOGY. The general provisions
for all professions contained in article one hundred thirty of this
title apply to this article.
S 11. Section 7205 of the education law, as amended by chapter 521 of
the laws of 1998, is amended to read as follows:
S 7205. State board for engineering [and], land surveying AND GEOLOGY.
A state board for engineering [and], land surveying AND GEOLOGY shall be
appointed by the board of regents on recommendation of the commissioner
for the purpose of assisting the board of regents and the department on
matters of professional licensing and professional conduct in accordance
with section sixty-five hundred eight of this title. The board shall be
composed of not less than seven professional engineers and not less than
two land surveyors licensed in this state AND NOT LESS THAN TWO GEOLO-
GISTS LICENSED IN THIS STATE. An executive secretary to the board shall
be appointed by the board of regents on recommendation of the commis-
sioner and shall be a professional engineer [or], land surveyor OR GEOL-
OGIST licensed in this state.
S 12. Paragraph (a) of section 1503 of the business corporation law,
as added by chapter 974 of the laws of 1970, is amended to read as
follows:
(a) Notwithstanding any other provision of law, one or more individ-
uals duly authorized by law to render the same professional service
within the state may organize, or cause to be organized, a professional
service corporation for pecuniary profit under this article for the
purpose of rendering the same professional service, except that one or
more individuals duly authorized by law to practice professional engi-
neering, architecture, landscape architecture [or], land surveying OR
GEOLOGY within the state may organize, or cause to be organized, a
professional service corporation for pecuniary profit under this article
for the purpose of rendering such professional services as such individ-
uals are authorized to practice.
S 13. Paragraph (b) of section 1504 of the business corporation law,
as added by chapter 974 of the laws of 1970, is amended to read as
follows:
(b) Each final plan and report made or issued by a corporation prac-
ticing professional engineering, architecture, landscape architecture
[or], land surveying OR GEOLOGY shall bear the name and seal of one or
more professional engineers, architects, landscape architects, [or] land
surveyors OR GEOLOGISTS, respectively, who are in responsible charge of
such plan or report.
S 14. Subdivision (a) of section 1203 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of 2002,
is amended to read as follows:
(a) Notwithstanding the education law or any other provision of law,
one or more professionals each of whom is authorized by law to render a
professional service within the state, or one or more professionals, at
least one of whom is authorized by law to render a professional service
within the state, may form, or cause to be formed, a professional
service limited liability company for pecuniary profit under this arti-
cle for the purpose of rendering the professional service or services as
A. 4774--B 6
such professionals are authorized to practice. With respect to a profes-
sional service limited liability company formed to provide medical
services as such services are defined in article 131 of the education
law, each member of such limited liability company must be licensed
pursuant to article 131 of the education law to practice medicine in
this state. With respect to a professional service limited liability
company formed to provide dental services as such services are defined
in article 133 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 133 of the education
law to practice dentistry in this state. With respect to a professional
service limited liability company formed to provide veterinary services
as such services are defined in article 135 of the education law, each
member of such limited liability company must be licensed pursuant to
article 135 of the education law to practice veterinary medicine in this
state. With respect to a professional service limited liability company
formed to provide professional engineering, land surveying, architec-
tural [and/or], landscape architectural AND/OR GEOLOGICAL services as
such services are defined in article 145, article 147 and article 148 of
the education law, each member of such limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
With respect to a professional service limited liability company formed
to provide licensed clinical social work services as such services are
defined in article 154 of the education law, each member of such limited
liability company shall be licensed pursuant to article 154 of the
education law to practice licensed clinical social work in this state.
With respect to a professional service limited liability company formed
to provide creative arts therapy services as such services are defined
in article 163 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. With respect to a
professional service limited liability company formed to provide
marriage and family therapy services as such services are defined in
article 163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. With respect to a
professional service limited liability company formed to provide mental
health counseling services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the education law to practice
mental health counseling in this state. With respect to a professional
service limited liability company formed to provide psychoanalysis
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice psychoanalysis
in this state. In addition to engaging in such profession or
professions, a professional service limited liability company may engage
in any other business or activities as to which a limited liability
company may be formed under section two hundred one of this chapter.
Notwithstanding any other provision of this section, a professional
service limited liability company (i) authorized to practice law may
only engage in another profession or business or activities or (ii)
which is engaged in a profession or other business or activities other
than law may only engage in the practice of law, to the extent not
prohibited by any other law of this state or any rule adopted by the
A. 4774--B 7
appropriate appellate division of the supreme court or the court of
appeals.
S 15. Subdivision (b) of section 1207 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of 2002,
is amended to read as follows:
(b) with respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional service
limited liability company formed to provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state. With respect
to a professional service limited liability company formed to provide
veterinary services as such services are defined in article 135 of the
education law, each member of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect to a professional service
limited liability company formed to provide professional engineering,
land surveying, architectural [and/or], landscape architectural AND/OR
GEOLOGICAL services as such services are defined in article 145, article
147 and article 148 of the education law, each member of such limited
liability company must be licensed pursuant to article 145, article 147
and/or article 148 of the education law to practice one or more of such
professions in this state. With respect to a professional service limit-
ed liability company formed to provide licensed clinical social work
services as such services are defined in article 154 of the education
law, each member of such limited liability company shall be licensed
pursuant to article 154 of the education law to practice licensed clin-
ical social work in this state. With respect to a professional service
limited liability company formed to provide creative arts therapy
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice creative arts
therapy in this state. With respect to a professional service limited
liability company formed to provide marriage and family therapy services
as such services are defined in article 163 of the education law, each
member of such limited liability company must be licensed pursuant to
article 163 of the education law to practice marriage and family therapy
in this state. With respect to a professional service limited liability
company formed to provide mental health counseling services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article 163
of the education law to practice mental health counseling in this state.
With respect to a professional service limited liability company formed
to provide psychoanalysis services as such services are defined in arti-
cle 163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice psychoanalysis in this state.
S 16. Subdivision (q) of section 121-1500 of the partnership law, as
separately amended by chapters 420 and 676 of the laws of 2002, is
amended to read as follows:
(q) Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in this state and
A. 4774--B 8
each partner of a registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state. Each
partner of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this state.
Each partner of a registered limited liability partnership formed to
provide professional engineering, GEOLOGICAL SERVICES, land surveying,
architectural and/or landscape architectural services in this state must
be licensed pursuant to article 145, article 147 and/or article 148 of
the education law to practice one or more of such professions in this
state. Each partner of a registered limited liability partnership formed
to provide licensed clinical social work services in this state must be
licensed pursuant to article 154 of the education law to practice clin-
ical social work in this state. Each partner of a registered limited
liability partnership formed to provide creative arts therapy services
in this state must be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. Each partner of a
registered limited liability partnership formed to provide marriage and
family therapy services in this state must be licensed pursuant to arti-
cle 163 of the education law to practice marriage and family therapy in
this state. Each partner of a registered limited liability partnership
formed to provide mental health counseling services in this state must
be licensed pursuant to article 163 of the education law to practice
mental health counseling in this state. Each partner of a registered
limited liability partnership formed to provide psychoanalysis services
in this state must be licensed pursuant to article 163 of the education
law to practice psychoanalysis in this state.
S 17. Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 230 of the laws of 2004, is amended to read as
follows:
(q) Each partner of a foreign limited liability partnership which
provides medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the education
law to practice veterinary medicine in this state. Each partner of a
foreign limited liability partnership which provides professional engi-
neering, land surveying, GEOLOGICAL SERVICES, architectural and/or land-
scape architectural services in this state must be licensed pursuant to
article 145, article 147 and/or article 148 of the education law to
practice one or more of such professions. Each partner of a foreign
limited liability partnership which provides licensed clinical social
work services in this state must be licensed pursuant to article 154 of
the education law to practice licensed clinical social work in this
state. Each partner of a foreign limited liability partnership which
provides creative arts therapy services in this state must be licensed
pursuant to article 163 of the education law to practice creative arts
therapy in this state. Each partner of a foreign limited liability part-
nership which provides marriage and family therapy services in this
state must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. Each partner of a
foreign limited liability partnership which provides mental health coun-
A. 4774--B 9
seling services in this state must be licensed pursuant to article 163
of the education law to practice mental health counseling in this state.
Each partner of a foreign limited liability partnership which provides
psychoanalysis services in this state must be licensed pursuant to arti-
cle 163 of the education law to practice psychoanalysis in this state.
S 18. This act shall take effect two years after the date on which it
shall have become a law.