S. 3810--D 2
S 3. The education law is amended by adding three new sections 7204-a,
7204-b and 7206-b to read as follows:
S 7204-A. DEFINITION OF THE PROFESSION OF GEOLOGY. THE PRACTICE OF THE
PROFESSION OF GEOLOGY IS DEFINED AS PERFORMING PROFESSIONAL SERVICE SUCH
AS 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, DETERMINING AND EVALUATING
GEOLOGICAL FACTORS, AND THE INSPECTION AND PERFORMANCE 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 ARTICLE.
S 7204-B. PRACTICE OF GEOLOGY AND THE USE OF TITLE "PROFESSIONAL GEOL-
OGIST". ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTI-
CLE SHALL PRACTICE GEOLOGY OR USE THE TITLE "PROFESSIONAL GEOLOGIST".
S 7206-B. REQUIREMENTS FOR A LICENSE AS A PROFESSIONAL GEOLOGIST. 1.
TO QUALIFY FOR A LICENSE AS A PROFESSIONAL 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 DEGREE 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. FOR AN IDENTIFICATION CARD AS AN "INTERN GEOLOGIST", AN APPLICANT
SHALL FULFILL THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION,
EXCEPT THOSE IN PARAGRAPHS (C) AND (E) OF SUCH SUBDIVISION, PROVIDED
THAT ADMISSION TO THE EXAMINATION MAY BE GIVEN WHEN THE APPLICANT IS
WITHIN TWENTY CREDITS OF THE COMPLETION OF THE REQUIREMENTS OF THE BACH-
ELOR'S DEGREE OR HIGHER AS PRESCRIBED IN PARAGRAPH (B) OF SUBDIVISION
ONE OF THIS SECTION, OR HAS COMPLETED THE PRACTICAL EXPERIENCE REQUIRE-
MENT OF SUBDIVISION TWO OF THIS SECTION. THE FEE FOR THE EXAMINATION AND
IDENTIFICATION CARD AS AN "INTERN GEOLOGIST" SHALL BE SEVENTY DOLLARS
AND THE FEE FOR EACH REEXAMINATION SHALL BE SEVENTY DOLLARS.
4. AN APPLICANT WHO APPLIES FOR LICENSURE WITHIN ONE YEAR AFTER THE
EFFECTIVE DATE OF THIS SECTION SHALL BE QUALIFIED FOR A LICENSE AS A
PROFESSIONAL GEOLOGIST WITHOUT A WRITTEN EXAMINATION IF THE APPLICANT
HAS SATISFIED THE REQUIREMENTS OF EDUCATION AND DEGREE DESCRIBED IN
S. 3810--D 3
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 4. 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 AND NOT LESS THAN TWO PROFESSIONAL GEOLOGISTS
licensed in this state. An executive secretary to the board shall be
appointed by the board of regents on recommendation of the commissioner
and shall be a professional engineer [or], land surveyor OR PROFESSIONAL
GEOLOGIST licensed in this state.
S 5. Subdivision 2 of section 7207 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
2. A limited permit to practice as a professional engineer [or], land
surveyor OR PROFESSIONAL GEOLOGIST in this state may be issued by the
department to a person not a resident in this state and having no estab-
lished place of practice in this state, when such practice does not
aggregate more than thirty days in any calendar year, provided that such
person is legally qualified to practice in his own state or country. The
limited permit authorizing such right to practice in this state shall
specify the dates within the calendar year when such right may be exer-
cised.
S 6. 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 GEOLOGY 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 PROFES-
SIONAL STANDING IN HIS OR HER OWN COUNTRY OR STATE AND WHO SUBMITS
SATISFACTORY CERTIFICATION AS TO CHARACTER AND QUALIFICATIONS FROM AT
LEAST TWO 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.
S 7. 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 8. 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 PROFESSIONAL GEOLOGISTS AS ASSISTANTS
IN THE PERFORMANCE OF GEOLOGICAL SERVICES, OR AS CONSULTANTS OR EMPLOY-
EES IN SPECIAL FIELDS RELATED TO BUT NOT UNIQUELY GEOLOGY, PROVIDED THAT
THE PROFESSIONAL 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
S. 3810--D 4
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 "PROFESSIONAL GEOLOGIST," UNLESS LICENSED AS SUCH IN THIS STATE, AND
PROVIDED FURTHER THAT NOTHING IN THIS CHAPTER SHALL PRECLUDE A LICENSED
PROFESSIONAL ENGINEER OR AUTHORIZED ENTITY FROM OFFERING TO PROVIDE OR
PROVIDING THE WORK ENUMERATED IN THIS SUBDIVISION, HOWEVER CATEGORIZED,
ON THE GROUNDS THAT SUCH LICENSED PROFESSIONAL ENGINEER OR AUTHORIZED
ENTITY IS NOT LICENSED TO PRACTICE GEOLOGY.
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 "PROFESSIONAL GEOLOGIST" UNLESS LICENSED AS SUCH IN THIS STATE.
4. THE EXECUTION OF WORK BY CONTRACTORS OR BY OTHERS OF WORK PREPARED
BY A PROFESSIONAL GEOLOGIST, OR THE SUPERINTENDENCE OF SUCH WORK AS A
SUPERINTENDENT, 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 WATER WELL DRILLERS WHO HAVE RECEIVED
A CERTIFICATE OF REGISTRATION PURSUANT TO SECTION 15-1525 OF THE ENVI-
RONMENTAL CONSERVATION LAW.
S 9. Subdivisions 1, 2 and 4 of section 7209 of the education law,
subdivisions 1 and 2 as added by chapter 987 of the laws of 1971, the
opening paragraph of subdivision 1 as amended by chapter 994 of the laws
of 1971 and subdivision 4 as amended by chapter 550 of the laws of 2011,
are amended to read as follows:
1. Every professional engineer [and every], land surveyor AND PROFES-
SIONAL GEOLOGIST shall have a seal, approved by the board, which shall
contain the name of the professional engineer and the words "Licensed
Professional Engineer" [or], the name of the land surveyor and the words
"Licensed Land Surveyor" OR THE NAME OF THE PROFESSIONAL GEOLOGIST AND
THE WORDS "LICENSED PROFESSIONAL GEOLOGIST", and such other words or
figures as the board may deem necessary. All plans, specifications,
plats and reports relating to the construction or alteration of build-
ings or structures, OR GEOLOGIC DRAWINGS AND REPORTS prepared by such
professional engineer [and], all plans, specifications, plats and
reports prepared by such land surveyor AND ALL GEOLOGIC DRAWINGS AND
REPORTS PREPARED BY SUCH PROFESSIONAL GEOLOGIST or by a full-time or
part-time subordinate 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 professional engineer [or], land surveyor OR
PROFESSIONAL GEOLOGIST when filed with public officials. No official of
S. 3810--D 5
this state, or of any city, county, town or village therein, charged
with the enforcement of laws, ordinances or regulations shall accept or
approve any plans [or], specifications, OR GEOLOGIC DRAWINGS OR REPORTS
that are not stamped:
a. With the seal of an architect or professional engineer or land
surveyor OR PROFESSIONAL GEOLOGIST licensed in this state and bearing
the authorized facsimile of the signature of such architect or profes-
sional engineer or land surveyor OR PROFESSIONAL GEOLOGIST, or
b. With the official seal and authorized facsimile of the signature of
a professional engineer or land surveyor OR PROFESSIONAL GEOLOGIST not a
resident of this state and having no established business in this state,
but who is legally qualified to practice as such in his OR HER own state
or country, provided that such person may lawfully practice as such in
this state, and provided further that the plans [or], specifications, OR
GEOLOGIC DRAWINGS OR REPORTS are accompanied by and have attached there-
to written authorization issued by the department certifying to such
right to practice at such time.
2. A. To all plans, specifications, plats and reports to which the
seal of a professional engineer or land surveyor has been applied, there
shall also be applied a stamp with appropriate wording warning that it
is a violation of this [law] ARTICLE for any person, unless he OR SHE is
acting under the direction of a licensed professional engineer or land
surveyor, to alter an item in any way. If an item bearing the seal of an
engineer or land surveyor is altered, the altering engineer or land
surveyor 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.
B. TO ALL GEOLOGIC DRAWINGS AND REPORTS TO WHICH THE SEAL OF A PROFES-
SIONAL GEOLOGIST OR PROFESSIONAL ENGINEER HAS BEEN APPLIED, THERE SHALL
ALSO BE APPLIED A STAMP WITH APPROPRIATE WORDING WARNING THAT IT IS A
VIOLATION OF THIS ARTICLE FOR ANY PERSON, UNLESS HE OR SHE IS ACTING
UNDER THE DIRECTION OF A PROFESSIONAL GEOLOGIST OR PROFESSIONAL ENGI-
NEER, 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. NOTH-
ING CONTAINED IN THIS ARTICLE SHALL BE DEEMED TO AUTHORIZE A PROFES-
SIONAL GEOLOGIST TO PRACTICE PROFESSIONAL ENGINEERING UNLESS HE OR SHE
IS LICENSED AS A PROFESSIONAL ENGINEER PURSUANT TO THIS ARTICLE.
4. Engineers, land surveyors, GEOLOGISTS, architects, and landscape
architects may join in the formation of a joint enterprise, or a part-
nership or a professional service corporation or a design professional
service corporation 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 10. Subdivision 1 of section 7210 of the education law, as amended
by chapter 550 of the laws of 2011, is amended to read as follows:
1. Domestic or foreign professional service corporations, design
professional service corporations, professional service limited liabil-
ity companies, foreign professional service limited liability companies,
registered limited liability partnerships, New York registered foreign
limited liability partnerships, partnerships and joint enterprises spec-
ified in subdivision four of section seventy-two hundred nine of this
article, provided each of the foregoing entities is authorized to
S. 3810--D 6
provide professional engineering [or], land surveying OR PROFESSIONAL
GEOLOGY services and general business corporations authorized to provide
professional engineering or land surveying services pursuant to subdivi-
sion six of section seventy-two hundred nine of this article may offer
to provide or provide professional engineering [or], land surveying OR
PROFESSIONAL GEOLOGY services only after obtaining a certificate of
authorization from the department. Except as otherwise authorized by
statute, rule or regulation, other business entities are not authorized
to offer or provide professional engineering [or], land surveying OR
PROFESSIONAL GEOLOGY services and may not obtain certificates of author-
ization provided that nothing contained herein shall prohibit an indi-
vidual who is licensed to practice professional engineering [or], land
surveying OR PROFESSIONAL GEOLOGY under this article from obtaining a
certificate of authorization upon application and payment of the appro-
priate fees provided for under this section.
S 11. Subdivision 2 of section 7307 of the education law, as amended
by chapter 550 of the laws of 2011, is amended to read as follows:
2. Engineers, land surveyors, GEOLOGISTS, architects and landscape
architects may join in the formation of a joint enterprise, or a part-
nership or a professional service corporation or a design professional
service corporation 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 12. Subdivision 2 of section 7327 of the education law, as amended
by chapter 550 of the laws of 2011, is amended to read as follows:
2. Engineers, land surveyors, GEOLOGISTS, architects and landscape
architects may join in the formation of a joint enterprise, or a part-
nership or a professional service corporation or a design professional
service corporation 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 13. Paragraphs (g) and (h) of section 1501 of the business corpo-
ration law, as added by chapter 9 of the laws of 2013, are amended to
read as follows:
(g) "Design professional service corporation" means a corporation
organized under this article practicing professional engineering, archi-
tecture, landscape architecture, GEOLOGY, or land surveying, or practic-
ing any combination of such professions. The provisions of this article
applicable to professional service corporations shall apply to design
professional service corporations except to the extent that any
provision is either inconsistent with a provision expressly applying to
design professional service corporations or not relevant thereto.
(h) "Design professional" means an individual licensed and registered
pursuant to title eight of the education law to practice professional
engineering, architecture, landscape architecture, GEOLOGY or land
surveying.
S 14. Paragraph (a) of section 1503 of the business corporation law,
as amended by chapter 550 of the laws of 2011, 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
S. 3810--D 7
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 or a design professional service corpo-
ration for pecuniary profit under this article for the purpose of
rendering such professional services as such individuals are authorized
to practice.
S 15. The opening paragraph of paragraph (b-5) of section 1503 of the
business corporation law, as amended by chapter 9 of the laws of 2013,
is amended to read as follows:
On or after January first, two thousand twelve, the state education
department and the department of state shall allow an existing profes-
sional service corporation organized under this article and practicing
professional engineering, architecture, landscape architecture, GEOLOGY
or land surveying, or practicing any combination of such professions to
become a design professional service corporation as defined in this
article, provided the professional service corporation meets all of the
requirements to become a design professional service corporation,
including that its name shall end with the words "design professional
corporation" or the abbreviation "D.P.C.", by amending its certificate
of incorporation so that it contains the following statements:
S 16. Paragraph (b) of section 1504 of the business corporation law,
as amended by chapter 550 of the laws of 2011, is amended to read as
follows:
(b) Each final plan and report made or issued by a corporation prac-
ticing one or more of the professions of 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 PROFESSIONAL
GEOLOGISTS, respectively, who are in responsible charge of such plan or
report.
S 17. 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, is REPEALED.
S 18. Section 1516 of the business corporation law, as amended by
chapter 564 of the laws of 2011, is amended to read as follows:
S 1516. Corporate mergers, consolidations and other reorganizations.
(a) Notwithstanding any inconsistent provision of this article, AND
SUBJECT TO THE LIMITATIONS IN PARAGRAPH (D) OF THIS SECTION, a profes-
sional service corporation, INCLUDING A DESIGN PROFESSIONAL SERVICE
CORPORATION, pursuant to the provisions of article nine of this chapter,
may be merged or consolidated with another corporation formed pursuant
to the provisions of this chapter [or], with a corporation authorized
and registered to practice the same profession pursuant to the applica-
ble provisions of subdivision six of section seventy-two hundred nine of
the education law (engineer or land surveyor) [or], subdivision four of
section seventy-three hundred seven of the education law (architect) OR
SUBDIVISION FOUR OF SECTION SEVENTY-THREE HUNDRED TWENTY-SEVEN OF THE
EDUCATION LAW (LANDSCAPE ARCHITECT) of [article] ARTICLES one hundred
forty-five, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT of the
education law, or with a foreign corporation, or other business entity
practicing the same profession or professions in this state or the state
of its formation, or may be otherwise reorganized, provided that the
corporation which survives or which is formed pursuant thereto is a
professional service corporation, A DESIGN PROFESSIONAL SERVICE CORPO-
RATION, a professional service limited liability company or a foreign
S. 3810--D 8
professional service corporation practicing the same profession or
professions in this state or the state of incorporation or, if one of
the original corporations is authorized to practice pursuant to the
provisions of either subdivision six of section seventy-two hundred nine
[or], subdivision four of section seventy-three hundred seven OR SUBDI-
VISION FOUR OF SECTION SEVENTY-THREE HUNDRED TWENTY-FOUR OF THE EDUCA-
TION LAW, a corporation authorized and registered to practice the same
profession pursuant to the applicable provisions of subdivision six of
section seventy-two hundred nine of the education law (engineer or land
surveyor) [or], subdivision four of section seventy-three hundred seven
of the education law (architect) of [article] ARTICLES one hundred
forty-five, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OR
SUBDIVISION FOUR OF SECTION SEVENTY-THREE HUNDRED TWENTY-SEVEN of the
education law.
(b) If the surviving business entity is a professional corporation,
the restrictions on the issuance, transfer or sale of shares of a
professional service corporation OR A DESIGN PROFESSIONAL SERVICE CORPO-
RATION shall be suspended for a period not exceeding thirty days with
respect to any issuance, transfer or sale of shares made pursuant to
such merger, consolidation or reorganization, provided that: (i) no
person who would not be eligible to be a shareholder in the absence of
this section shall vote the shares of or receive any distribution from
such corporation; (ii) after such merger, consolidation or reorganiza-
tion, any professional service corporation OR A DESIGN PROFESSIONAL
SERVICE CORPORATION which survives or which is created thereby shall be
subject to all of the provisions of this article; and (iii) shares ther-
eafter only may be held by persons who are eligible to receive shares of
such professional service corporation, DESIGN PROFESSIONAL SERVICE
CORPORATION or such other corporation authorized and registered to prac-
tice the same profession pursuant to the applicable provisions of subdi-
vision six of section seventy-two hundred nine of the education law
(engineer or land surveyor) [or], subdivision four of section seventy-
three hundred seven of the education law (architect) OR SUBDIVISION FOUR
OF SECTION SEVENTY-THREE HUNDRED TWENTY-SEVEN OF THE EDUCATION LAW
(LANDSCAPE ARCHITECT) of [article] ARTICLES one hundred forty-five, ONE
HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT of the education law,
which survives. Nothing herein contained shall be construed as permit-
ting the practice of a profession in this state by a corporation which
is not incorporated pursuant to the provisions of this article or
authorized to do business in this state pursuant to the provisions of
article fifteen-A of this chapter, AUTHORIZED PURSUANT TO SUBDIVISION
SIX OF SECTION SEVENTY-TWO HUNDRED NINE OF THE EDUCATION LAW, AUTHORIZED
PURSUANT TO SUBDIVISION FOUR OF SECTION SEVENTY-THREE HUNDRED SEVEN OF
THE EDUCATION LAW, AUTHORIZED PURSUANT TO SUBDIVISION FOUR OF SECTION
SEVENTY-THREE HUNDRED TWENTY-SEVEN OF THE EDUCATION LAW or authorized
and registered to practice a profession pursuant to the applicable
provisions of article one hundred forty-five, ONE HUNDRED FORTY-SEVEN OR
ONE HUNDRED FORTY-EIGHT of the education law. For the purposes of this
section, other reorganizations shall be limited to those reorganizations
defined in paragraph one of subsection (a) of section three hundred
sixty-eight of the internal revenue code.
(c) If the surviving business entity is a professional service limited
liability company, the restrictions on the issuance, transfer or sale of
membership interests of a professional service limited liability company
other than the requirements of the first two sentences of subdivision
(c) of section twelve hundred eleven of the limited liability company
S. 3810--D 9
law, shall be suspended for a period not exceeding thirty days with
respect to any issuance, transfer or sale of membership interests made
pursuant to such merger or consolidation, provided that: (i) no person
or business entity who would not be eligible to be a member in the
absence of this section shall vote or receive any distribution from such
limited liability company; (ii) after such merger or consolidation, any
professional service limited liability company that survives or that is
created thereby shall be subject to all the provisions of the limited
liability company law; and (iii) membership interests thereafter may be
held only by persons or business entities who are eligible to be a
member of such professional service limited liability company. Nothing
herein contained shall be construed as permitting the practice of a
profession in this state by a limited liability company that is not
formed pursuant to the provisions of the limited liability company law
or authorized to do business in the state pursuant to the provisions of
article thirteen of the limited liability company law.
(D) NOTWITHSTANDING THE PROVISIONS CONTAINED IN PARAGRAPHS (A), (B)
AND (C) OF THIS SECTION, NO DESIGN PROFESSIONAL SERVICE CORPORATION
SHALL BE MERGED OR CONSOLIDATED WITH ANY ENTITY UNLESS SUCH ENTITY IS A
PROFESSIONAL BUSINESS ORGANIZATION LAWFULLY ORGANIZED TO PROVIDE PROFES-
SIONAL SERVICES PURSUANT TO ARTICLES ONE HUNDRED FORTY-FIVE, ONE HUNDRED
FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW.
S 19. Paragraph (b) of section 1526 of the business corporation law,
as added by chapter 505 of the laws of 1983, is amended to read as
follows:
(b) Each final plan, DRAWING and report made or issued by a foreign
professional service corporation practicing professional engineering,
architecture, landscape architecture, GEOLOGY or land surveying shall
bear the name and seal of one or more professional engineers, archi-
tects, landscape architects, PROFESSIONAL GEOLOGISTS or land surveyors,
respectively, who are in responsible charge of such plan or report.
S 20. Section 1529 of the business corporation law, as amended by
chapter 576 of the laws of 1994, is amended to read as follows:
S 1529. Business corporation law applicable.
Except for the provisions of sections thirteen hundred three, thirteen
hundred four, thirteen hundred sixteen, thirteen hundred seventeen and
thirteen hundred twenty, this chapter shall be applicable to a foreign
professional service corporation to the extent that the provisions ther-
eof are not in conflict with the provisions of this article. A foreign
professional service corporation may practice in this state, or may
consolidate or merge with another corporation, or may be a member of a
professional service limited liability company, a foreign professional
service limited liability company, a registered limited liability part-
nership or foreign limited liability partnership, only if all of the
professions practiced by such corporations, limited liability companies
or limited liability partnerships could be practiced by a single profes-
sional service corporation organized in this state; and, further, only
if such foreign professional service corporation is domiciled in a state
or territory of the United States the laws of which, at the time of
application by such corporation under section fifteen hundred thirty of
this article, contain a reciprocal provision under which professional
service corporations domiciled in this state may similarly apply for the
privilege of doing business in any such state or territory; provided
further however, that nothing herein shall authorize a foreign profes-
sional service corporation practicing professional engineering, land
surveying, GEOLOGY, architecture and/or landscape architecture to be a
S. 3810--D 10
member or partner of a professional service limited liability company, a
foreign professional service limited liability company, a registered
limited liability partnership or a foreign limited liability partnership
unless all of the shareholders, directors and officers of such foreign
professional service corporation are licensed to practice one or more of
such professions in this state.
S 21. Subdivision (a) of section 1203 of the limited liability company
law, as amended by chapter 554 of the laws of 2013, 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. 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
S. 3810--D 11
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 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
appropriate appellate division of the supreme court or the court of
appeals.
S 22. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 554 of the laws of 2013, 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
S. 3810--D 12
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. 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.
S 23. Subdivisions (a) and (f) of section 1301 of the limited liabil-
ity company law, subdivision (a) as amended by chapter 554 of the laws
of 2013 and subdivision (f) as amended by chapter 170 of the laws of
1996, are amended to read as follows:
(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. With respect to a
foreign professional service limited liability company which provides
S. 3810--D 13
dental services as such services are defined in article 133 of the
education law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a foreign
professional service limited liability company which provides profes-
sional engineering, land surveying, GEOLOGIC, architectural and/or land-
scape 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. With respect to a foreign professional 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 liability company
must be licensed pursuant to article 163 of the education law to prac-
tice 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 analy-
sis services as such services are defined in article 167 of the educa-
tion law, each member of such foreign professional service limited
liability company must be licensed or certified pursuant to article 167
of the education law to practice applied behavior analysis in this
state.
(f) "Professional partnership" means (1) a partnership without limited
partners each of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
out limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by the
licensing authority pursuant to the education law to render a profes-
sional service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must be
licensed pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional partnership that
S. 3810--D 14
provides dental services in this state must be licensed pursuant to
article 133 of the education law to practice dentistry in this state;
except that all partners of a professional partnership that provides
veterinary services in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this state;
and further except that all partners of a professional partnership that
provides professional engineering, land surveying, GEOLOGIC, architec-
tural, 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.
S 24. Subdivision (b) of section 1302 of the limited liability company
law is amended to read as follows:
(b) Each final plan and report made or issued by a foreign profes-
sional service limited liability company practicing professional engi-
neering, GEOLOGY, architecture, landscape architecture or land surveying
shall bear the name and seal of one or more professional engineers,
PROFESSIONAL GEOLOGISTS, architects, landscape architects, or land
surveyors, respectively, who are in responsible charge of such plan or
report.
S 25. The ninth and fourteenth undesignated paragraphs of section 2 of
the partnership law, the ninth undesignated paragraph as amended by
chapter 643 of the laws of 1995 and the fourteenth undesignated para-
graph as added by chapter 576 of the laws of 1994, are amended to read
as follows:
"Foreign limited liability partnership" means (i) any partnership
without limited partners operating under an agreement governed by the
laws of any jurisdiction, other than this state, each of whose partners
is a professional 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 partnership or a predecessor entity, or will engage
in the practice of such profession in the foreign limited liability
partnership within thirty days of the date of the effectiveness of the
notice provided for in subdivision (a) of section 121-1502 of this chap-
ter or each of whose partners is a professional, at least one of whom is
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
partnership or a predecessor entity, or will engage in the practice of
such profession in the foreign limited liability partnership within
thirty days of the date of the effectiveness of the notice provided for
in subdivision (a) of section 121-1502 of this chapter, (ii) any part-
nership without limited partners operating under an agreement governed
by the laws of any jurisdiction, other than this state, authorized by,
or holding a license, certificate, registration or permit issued by the
licensing authority pursuant to, the education law to render a profes-
sional service within this state, which renders or intends to render
professional services within this state and which is denominated as a
registered limited liability partnership or limited liability partner-
ship under such laws, regardless of any difference between such laws and
the laws of this state, or (iii) a foreign related limited liability
partnership; except that all partners of a foreign limited liability
partnership that provides health, professional engineering, land survey-
ing, GEOLOGIC, architectural and/or landscape architectural services in
this state shall be licensed in this state.
"Professional partnership" means (1) a partnership without limited
partners each of whose partners is a professional authorized by law to
render a professional service within this state, (2) a partnership with-
S. 3810--D 15
out limited partners each of whose partners is a professional, at least
one of whom is authorized by law to render a professional service within
this state or (3) a partnership without limited partners authorized by,
or holding a license, certificate, registration or permit issued by the
licensing authority pursuant to the education law to render a profes-
sional service within this state; except that all partners of a profes-
sional partnership that provides medical services in this state must be
licensed pursuant to article 131 of the education law to practice medi-
cine in this state and all partners of a professional partnership that
provides dental services in this state must be licensed pursuant to
article 133 of the education law to practice dentistry in this state;
and further except that all partners of a professional partnership that
provides professional engineering, land surveying, GEOLOGIC, architec-
tural 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.
S 26. Subdivision (q) of section 121-1500 of the partnership law, as
amended by chapter 554 of the laws of 2013, 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
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, 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 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. Each partner of a regis-
tered 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.
S. 3810--D 16
S 27. Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 554 of the laws of 2013, 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-
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.
Each partner of a foreign limited liability 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.
S 28. This act shall take effect two years after the date on which it
shall have become a law.
