S T A T E O F N E W Y O R K
________________________________________________________________________
4432
2017-2018 Regular Sessions
I N A S S E M B L Y
February 2, 2017
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the limited liability company law and the partnership
law, in relation to permitting licensed clinical social workers,
licensed psychiatrists and licensed psychologists
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 1203 of the limited liability
company law, as amended by chapter 475 of the laws of 2014, is amended
to read as follows:
(a) Notwithstanding the education law or any other provision of law,
one or more professionals each of whom is authorized by law to render a
professional service within the state, or one or more professionals, at
least one of whom is authorized by law to render a professional service
within the state, may form, or cause to be formed, a professional
service limited liability company for pecuniary profit under this arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional service limited liability company formed to provide medical
services as such services are defined in article 131 of the education
law, each member of such limited liability company must be licensed
pursuant to article 131 of the education law to practice medicine in
this state EXCEPT AS PROVIDED HEREIN. 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 prac-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09112-01-7
A. 4432 2
tice veterinary medicine in this state. With respect to a professional
service limited liability company formed to provide professional engi-
neering, land surveying, architectural, 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 OR LICENSED PURSUANT TO ARTICLE 131 OF
THE EDUCATION LAW TO PRACTICE PSYCHIATRY IN THIS STATE OR LICENSED
PURSUANT TO ARTICLE 153 OF THE EDUCATION LAW TO PRACTICE PSYCHOLOGY 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 educa-
tion 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 liabil-
ity 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. With respect to a professional service
limited liability company formed to provide applied behavior analysis
services as such services are defined in article 167 of the education
law, each member of such limited liability company must be licensed or
certified pursuant to article 167 of the education law to practice
applied behavior analysis 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 prac-
tice law may only engage in another profession or business or activities
or (ii) which is engaged in a profession or other business or activities
other than law may only engage in the practice of law, to the extent not
prohibited by any other law of this state or any rule adopted by the
appropriate appellate division of the supreme court or the court of
appeals.
§ 2. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, 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-
A. 4432 3
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 EXCEPT AS PROVIDED HEREIN. 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 veterinary medicine in this state. With
respect to a professional service limited liability company formed to
provide professional engineering, land surveying, architectural, land-
scape 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 OR
LICENSED PURSUANT TO ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE
PSYCHIATRY IN THIS STATE OR LICENSED PURSUANT TO ARTICLE 153 OF THE
EDUCATION LAW TO PRACTICE PSYCHOLOGY IN THIS STATE. With respect to a
professional service limited liability company formed to provide crea-
tive 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 profes-
sional 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. With respect to a professional service limited liability company
formed to provide applied behavior analysis services as such services
are defined in article 167 of the education law, each member of such
limited liability company must be licensed or certified pursuant to
article 167 of the education law to practice applied behavior analysis
in this state.
§ 3. Subdivision (a) of section 1301 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
A. 4432 4
(a) "Foreign professional service limited liability company" means a
professional service limited liability company, whether or not denomi-
nated as such, organized under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional service within this
state and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members is author-
ized by law to render a professional service within this state and who
is or has been engaged in the practice of such profession in such
professional service limited liability company or a predecessor entity,
or will engage in the practice of such profession in the professional
service limited liability company within thirty days of the date such
professional becomes a member, or (ii) authorized by, or holding a
license, certificate, registration or permit issued by the licensing
authority pursuant to, the education law to render a professional
service within this state; except that all members and managers, if any,
of a foreign professional service limited liability company that
provides health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine. With respect
to a foreign professional service limited liability company which
provides medical services as such services are defined in article 131 of
the education law, each member of such foreign professional service
limited liability company must be licensed pursuant to article 131 of
the education law to practice medicine in this state EXCEPT AS PROVIDED
HEREIN. With respect to a foreign professional service limited liabil-
ity company which provides dental services as such services are defined
in article 133 of the education law, each member of such foreign profes-
sional service limited liability company must be licensed pursuant to
article 133 of the education law to practice dentistry in this state.
With respect to a foreign professional service limited liability company
which provides professional engineering, land surveying, geologic,
architectural and/or landscape architectural services as such services
are defined in article 145, article 147 and article 148 of the education
law, each member of such foreign professional service 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 foreign professional
service limited liability company which provides licensed clinical
social work services as such services are defined in article 154 of the
education law, each member of such foreign professional service limited
liability company shall be licensed pursuant to article 154 of the
education law to practice clinical social work in this state OR LICENSED
PURSUANT TO ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE PSYCHIATRY IN
THIS STATE OR LICENSED PURSUANT TO ARTICLE 153 OF THE EDUCATION LAW TO
PRACTICE PSYCHOLOGY IN THIS STATE. With respect to a foreign profes-
sional service limited liability company which provides creative arts
therapy services as such services are defined in article 163 of the
education law, each member of such foreign professional service limited
A. 4432 5
liability company must be licensed pursuant to article 163 of the educa-
tion law to practice creative arts therapy in this state. With respect
to a foreign professional service limited liability company which
provides marriage and family therapy services as such services are
defined in article 163 of the education law, each member of such foreign
professional service 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 foreign professional service
limited liability company which provides mental health counseling
services as such services are defined in article 163 of the education
law, each member of such foreign professional service 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
foreign professional service limited liability company which provides
psychoanalysis services as such services are defined in article 163 of
the education law, each member of such foreign professional service
limited liability company must be licensed pursuant to article 163 of
the education law to practice psychoanalysis in this state. With respect
to a foreign professional service limited liability company which
provides applied behavior analysis services as such services are defined
in article 167 of the education law, each member of such foreign profes-
sional service limited liability company must be licensed or certified
pursuant to article 167 of the education law to practice applied behav-
ior analysis in this state.
§ 4. Subdivision (q) of section 121-1500 of the partnership law, as
amended by chapter 475 of the laws of 2014, 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
EXCEPT AS PROVIDED HEREIN and each partner of a registered limited
liability partnership formed to provide dental services in this state
must be licensed pursuant to article 133 of the education law to prac-
tice 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 engineer-
ing, land surveying, geological services, architectural and/or landscape
architectural services in this state must be licensed pursuant to arti-
cle 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 regis-
tered 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 clinical social work in this state
OR LICENSED PURSUANT TO ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE
PSYCHIATRY IN THIS STATE OR LICENSED PURSUANT TO ARTICLE 153 OF THE
EDUCATION LAW TO PRACTICE PSYCHOLOGY 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 article 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
A. 4432 6
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 arti-
cle 163 of the education law to practice psychoanalysis in this state.
Each partner of a registered limited liability partnership formed to
provide applied behavior analysis service in this state must be licensed
or certified pursuant to article 167 of the education law to practice
applied behavior analysis in this state.
§ 5. Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 475 of the laws of 2014, 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
EXCEPT AS PROVIDED HEREIN and each partner of a foreign limited liabil-
ity 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 veter-
inary medicine in this state. Each partner of a foreign limited liabil-
ity partnership which provides professional engineering, land surveying,
geological services, 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. Each partner of a foreign limited liability partner-
ship which provides licensed clinical social work services in this state
must be licensed pursuant to article 154 of the education law to prac-
tice licensed clinical social work in this state OR LICENSED PURSUANT TO
ARTICLE 131 OF THE EDUCATION LAW TO PRACTICE PSYCHIATRY IN THIS STATE OR
LICENSED PURSUANT TO ARTICLE 153 OF THE EDUCATION LAW TO PRACTICE
PSYCHOLOGY 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 prac-
tice creative arts therapy in this state. Each partner of a foreign
limited liability partnership 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 counseling services in this state must be licensed pursu-
ant to article 163 of the education law to practice mental health coun-
seling in this state. Each partner of a foreign limited liability part-
nership which provides psychoanalysis services in this state must be
licensed pursuant to article 163 of the education law to practice
psychoanalysis in this state. Each partner of a foreign limited liabil-
ity partnership which provides applied behavior analysis services in
this state must be licensed or certified pursuant to article 167 of the
education law to practice applied behavior analysis in this state.
§ 6. This act shall take effect immediately.