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2000 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 13.1-543, 13.1-544, 13.1-549, 13.1-1102, 13.1-1103, 13.1-1111 and 54.1-411 of the Code of Virginia are amended and reenacted as follows:
§ 13.1-543. Definitions.
As used in this chapter:
A. The term "professional service" means any type of personal service to the public which requires as a condition precedent to the rendering of such service or use of such title the obtaining of a license, certification or other legal authorization and shall be limited to the personal services rendered by pharmacists, optometrists, practitioners of the healing arts, nurse practitioners, practitioners of the behavioral science professions, veterinarians, surgeons, dentists, architects, professional engineers, land surveyors, certified landscape architects, certified interior designers, public accountants, certified public accountants, attorneys-at-law, insurance consultants, audiologists or speech pathologists, and clinical nurse specialists. For the purposes of this chapter, the following shall be deemed to be rendering the same professional service:
1. Architects, professional engineers and land surveyors; and
2. Practitioners of the healing arts, licensed under the provisions of Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1, nurse practitioners, licensed under the provisions of Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1, optometrists, licensed under the provisions of Chapter 32 (§ 54.1-3200 et seq.) of Title 54.1, practitioners of the behavioral science professions, licensed under the provisions of Chapters 35 (§ 54.1-3500 et seq.), 36 (§ 54.1-3600 et seq.) and 37 (§ 54.1-3700 et seq.) of Title 54.1, and one or more clinical nurse specialists who render mental health services licensed under Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 and registered with the Board of Nursing.
B. The term "professional corporation" means (i) a corporation which is
organized under this chapter for the sole and specific purpose of rendering
professional service other than that of architects, professional engineers, or
land surveyors, or using a title other than that of certified landscape
architects or certified interior designers and, except as expressly otherwise
permitted by this chapter, which has as its shareholders only individuals who themselves
are duly licensed or otherwise legally authorized to render the same
professional service as the corporation and of which shareholders at least one
is duly licensed or otherwise legally authorized to render such professional
service within this the Commonwealth; or (ii) a corporation which is organized
under this chapter for the sole and specific purpose of rendering the professional services of
architects, professional engineers, or land surveyors, or using the title of
certified landscape architects or certified interior designers, or any
combination thereof, and at least two-thirds of whose shares are held by persons duly
licensed or otherwise legally authorized within this the Commonwealth to
perform the services of an architect, professional engineer, or land surveyor,
or by persons legally authorized within the Commonwealth to use the title of
certified landscape architect or certified interior designer; or (iii) a
corporation which is organized under this chapter or under Chapter 10 (§
13.1-801 et seq.) of this title for the sole and specific purpose of rendering the
professional services of one or more practitioners of the healing arts, licensed
under the provisions of Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1, or one
or more nurse practitioners, licensed under Chapter 29 (§ 54.1-2900 et seq.) of
Title 54.1, or one or more optometrists licensed under the provisions of Chapter 32
(§ 54.1-3200 et seq.) of Title 54.1, or one or more practitioners of the
behavioral science professions, licensed under the provisions of Chapter 35 (§
54.1-3500 et seq.), 36 (§ 54.1-3600 et seq.) or 37 (§ 54.1-3700 et seq.) of
Title 54.1, or one or more practitioners of audiology or speech pathology, licensed under
the provisions of Chapter 26 (§ 54.1-2600 et seq.) of Title 54.1, or one or
more clinical nurse specialists who render mental health services licensed
under Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 and registered with the
Board of Nursing, or any combination of practitioners of the healing arts,
optometry, the behavioral science professions, and audiology or speech
pathology, and all of whose shares are held by or all of whose members are
persons duly licensed or otherwise legally authorized to perform the services
of a practitioner of the healing arts, optometry, the behavioral science
professions, or audiology or speech pathology or of a clinical nurse specialist
who renders mental health services; however, nothing herein shall be construed
so as to allow any member of the healing arts, optometry, the behavioral
science professions, or audiology or speech pathology or a clinical nurse
specialist to conduct his practice in a manner contrary to the standards of
ethics of his branch of the healing arts, optometry, the behavioral science
professions, or audiology or speech pathology, or nursing, as the case may be.
C. Persons who practice the healing art of performing professional clinical laboratory services within a hospital pathology laboratory shall be legally authorized to do so for purposes of this chapter if such persons (i) hold a doctorate degree in the biological sciences or a board certification in the clinical laboratory sciences and (ii) are tenured faculty members of an accredited medical college or university that is an "educational institution" within the meaning of § 23-14.
§ 13.1-544. Who may organize and become shareholder.
An individual or group of individuals (i) duly licensed or otherwise legally
authorized to render the same professional services other than those of
architects, professional engineers, or land surveyors, or to use a title other
than those of certified landscape architects or certified interior designers,
of which at least one is duly licensed or otherwise legally authorized to render such
professional services within this the Commonwealth, or (ii) complying with the
provisions of § 13.1-549 and duly licensed or otherwise legally authorized to
render within this the Commonwealth the professional services of architects,
professional engineers, or land surveyors, or legally authorized to use within
the Commonwealth the title of certified landscape architects or certified
interior designers, or any combination thereof, may organize and become a
shareholder or shareholders of a professional corporation for pecuniary profit under
the provisions of Chapter 9 (§ 13.1-601 et seq.) of this title or become a
member or members of a nonstock corporation under the provisions of Chapter 10
(§ 13.1-801 et seq.) of this title, for the sole and specific purpose of
rendering the same and specific professional service, subject to any laws, not
inconsistent with the provisions of this chapter, which are applicable to the
practice of that profession in the corporate form. Any nonstock corporation so
organized for the sole purpose of rendering such professional services shall be
subject to all limitations and restrictions imposed by this chapter.
§ 13.1-549. Qualifications of shareholders; special provisions for corporations rendering services of architects, professional engineers and land surveyors, and using the title of certified landscape architects and certified interior designers.
A corporation rendering the services of architects, professional engineers, or
land surveyors, and or using the title of certified landscape architects or
certified interior designers, or any combination thereof, shall issue not less
than two-thirds of its capital stock to individuals duly licensed or otherwise
legally authorized to render the services of architect, professional engineer,
or land surveyor, or to individuals legally authorized to use the title of
certified landscape architect or certified interior designer, and the
remainder of said stock may be issued only to and held by individuals who are employees of
the corporation whether or not such employees are licensed or otherwise
authorized to render professional services or authorized to use a title. For
those corporations using the title of certified interior designers and providing the
services of architects, professional engineers or land surveyors, or any combination
thereof, not less than two-thirds of the capital stock of the corporation shall
be held by individuals who are duly licensed. No other professional corporation
may issue any of its capital stock to anyone other than an individual who is duly
licensed or otherwise legally authorized to render the same specific
professional services as those for which the corporation was incorporated.
Notwithstanding the above limitations a professional corporation may issue its
stock to a partnership each of the partners of which is duly licensed or
otherwise legally authorized to render the same professional services as those
for which the corporation was incorporated.
It is further provided, as an additional prerequisite for a corporation
engaging in the practice of the professions of architecture, professional
engineering, or land surveying, or using the title of certified landscape
architecture architect or certified interior designer, or any combination
thereof, that such corporation shall secure a certificate of authority, which may be renewable
and may be either general or limited, from the Board for Architects,
Professional Engineers, Land Surveyors, Certified Interior Designers and
Landscape Architects. Such certificate of authority shall be issued or renewed
by the Board when in its discretion such corporation is in compliance with
rules and regulations which shall be promulgated by the said Board consistent
with its jurisdiction to provide adequate safeguards for the public's health,
welfare and safety. The fees for a certificate of authority as described above
shall be the same fees as provided for in Chapter 4 (§ 54.1-400 et seq.) of
Title 54.1.
§ 13.1-1102. Definitions.
A. As used in this chapter:
"Professional business entity" means (i) a professional limited liability company, (ii) a professional corporation within the meaning of § 13.1-543 B of Chapter 7 of Title 13.1, or (iii) a partnership (including a professional registered limited liability partnership registered under § 54.1-3902) each of the partners of which is duly licensed or otherwise legally authorized to render the same professional services as those for which the partnership was organized.
"Professional limited liability company" means (i) a limited liability company
that is organized under this chapter for the sole and specific purpose of
rendering professional service other than that of architects, professional
engineers, or land surveyors, or using a title other than that of certified
landscape architects or certified interior designers and, except as expressly
otherwise permitted by this chapter, that has as its members only persons or
professional business entities that themselves are duly licensed or otherwise
legally authorized to render the same professional service as the professional
limited liability company and of which members at least one is duly licensed or
otherwise legally authorized to render such professional service within this
the Commonwealth; (ii) a limited liability company that is organized
under this chapter for the sole and specific purpose of rendering professional
service of architects, professional engineers, or land surveyors, or using the
title of certified landscape architects or certified interior designers, or any
combination thereof, and at least two-thirds of whose membership interests are held by persons
duly licensed or legally authorized within this the Commonwealth to perform the
services of an architect, professional engineer, or land surveyor, or by
persons legally authorized within the Commonwealth to use the title of
certified landscape architect or certified interior designer; or (iii) a
limited liability company that is organized under this chapter for the sole and specific
purpose of rendering the professional services of one or more practitioners of the healing
arts, licensed under the provisions of Chapter 29 (§ 54.1-2900 et seq.) of
Title 54.1, or one or more nurse practitioners, licensed under Chapter 29 (§
54.1-2900 et seq.) of Title 54.1, or one or more optometrists licensed under the
provisions of Chapter 32 (§ 54.1-3200 et seq.) of Title 54.1, or one or more
practitioners of the behavioral science professions, licensed under the provisions
of Chapter 35 (§ 54.1-3500 et seq.), 36 (§ 54.1-3600 et seq.) or 37 (§
54.1-3700 et seq.) of Title 54.1, or one or more practitioners of audiology or speech
pathology, licensed under the provisions of Chapter 26 (§ 54.1-2600 et seq.) of
Title 54.1, or one or more clinical nurse specialists who render mental health
services licensed under Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 and
registered with the Board of Nursing, or any combination of practitioners of
the healing arts, of optometry, the behavioral science professions, and
audiology or speech pathology and all of whose members are persons or
professional business entities duly licensed or otherwise legally authorized to
perform the services of a practitioner of the healing arts, optometry, the
behavioral science professions or audiology or speech pathology or of a
clinical nurse specialist who renders mental health services; however, nothing
herein shall be construed so as to allow any member of the healing arts,
optometry, the behavioral science professions, or audiology or speech pathology
or a clinical nurse specialist to conduct that person's practice in a manner
contrary to the standards of ethics of that person's branch of the healing
arts, optometry, the behavioral science professions, or audiology or speech
pathology, or nursing as the case may be.
"Professional services" means any type of personal service to the public that requires as a condition precedent to the rendering of that service or the use of that title the obtaining of a license, certification, or other legal authorization and shall be limited to the personal services rendered by pharmacists, optometrists, practitioners of the healing arts, nurse practitioners, practitioners of the behavioral science professions, veterinarians, surgeons, dentists, architects, professional engineers, land surveyors, certified landscape architects, certified interior designers, public accountants, certified public accountants, attorneys at law, insurance consultants, audiologists or speech pathologists and clinical nurse specialists. For the purposes of this chapter, the following shall be deemed to be rendering the same professional services:
1. Architects, professional engineers, and land surveyors; and
2. Practitioners of the healing arts, licensed under the provisions of Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1, nurse practitioners, licensed under Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1, optometrists, licensed under the provisions of Chapter 32 (§ 54.1-3200 et seq.) of Title 54.1, and practitioners of the behavioral science professions, licensed under the provisions of Chapters 35 (§ 54.1-3500 et seq.), 36 (§ 54.1-3600 et seq.), and 37 (§ 54.1-3700 et seq.) of Title 54.1, and one or more clinical nurse specialists who render mental health services licensed under Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 and registered with the Board of Nursing.
B. Persons who practice the healing art of performing professional clinical laboratory services within a hospital pathology laboratory shall be legally authorized to do so for purposes of this chapter if such persons (i) hold a doctorate degree in the biological sciences or a board certification in the clinical laboratory sciences and (ii) are tenured faculty members of an accredited medical college or university that is an "educational institution" within the meaning of § 23-14.
C. Except as expressly otherwise provided, all terms defined in § 13.1-1002 shall have the same meanings for purposes of this chapter.
§ 13.1-1103. Who may become a member.
One or more individuals or professional business entities (i) duly licensed or
otherwise legally authorized to render the same professional services other
than those of architects, professional engineers, or land surveyors, or to use
a title other than those of certified landscape architects or certified
interior designers, of which at least one is duly licensed or otherwise legally
authorized to render such professional services within this the Commonwealth or
(ii) complying with the provisions of § 13.1-1111 and duly licensed or
otherwise legally authorized to render within this the Commonwealth the
professional services of architects, professional engineers, or land surveyors,
or legally authorized to use within the Commonwealth the title of certified
landscape architects or certified interior designers, or any combination
thereof, may become members of a limited liability company for pecuniary profit under the
provisions of Chapter 12 (§ 13.1-1000 et seq.) of this title, for the sole and
specific purpose of rendering the same and specific professional service, subject to
any laws, not inconsistent with the provisions of this chapter, which are
applicable to the practice of that profession in the limited liability company
form.
§ 13.1-1111. Qualifications of members and managers; special provisions for limited liability companies rendering service of architects, professional engineers and land surveyors, and using the title of certified landscape architects and certified interior designers.
Not less than two-thirds of the membership interests of a professional limited
liability company rendering the services of architects, professional engineers,
or land surveyors, and or using the title of certified landscape architects or
certified interior designers, or any combination thereof, shall be held by
individuals duly licensed or professional business entities duly licensed or
otherwise legally authorized to render the services of architects, professional
engineers, or land surveyors, or by individuals or professional business
entities legally authorized to use the title of certified landscape architects
or certified interior designers, and the remainder of the membership interests
may be held only by individuals who are employees of the professional limited
liability company whether or not those employees are licensed or otherwise
authorized to render professional services or authorized to use a title. For
those professional limited liability companies using the title of certified interior designers and
providing the services of architects, professional engineers or land surveyors, or any combination
thereof, not less than two-thirds of the membership interests of the
professional limited liability company shall be held by individuals who are
duly licensed. No other professional limited liability company may have as a
member anyone other than an individual or a professional business entity that
is duly licensed or otherwise legally authorized to render the same
professional services as those for which the professional limited liability
company was organized.
As an additional prerequisite for a professional limited liability company's
engaging in the practice of the professions of architecture, professional
engineering, or land surveying, or using the title of certified landscape
architecture architect or certified interior designer, or any combination
thereof, that professional limited liability company shall secure a certificate
of authority, which may be renewable and may be either general or limited, from
the Board for Architects, Professional Engineers, Land Surveyors, Certified
Interior Designers and Landscape Architects. The certificate of authority shall
be issued or renewed by the Board when in its discretion the professional
limited liability company is in compliance with rules and regulations which
shall be promulgated by the Board consistent with its jurisdiction to provide
adequate safeguards for the public's health, welfare and safety. The fees for a
certificate of authority as described above shall be the same fees as provided
for in Chapter 4 (§ 54.1-400 et seq.) of Title 54.1.
§ 54.1-411. Organization for practice; registration.
A. Nothing contained in this chapter or in the regulations of the Board shall
prohibit the practice of architecture, engineering, land surveying or the
offering of the title of certified landscape architecture architect or
certified interior designer by any corporation, partnership, sole
proprietorship, limited liability company, or other entity provided such practice or
certification is rendered through its officers, principals or employees who are
correspondingly licensed or certified. No such organization shall limit the
liability of any licensee or certificate holder for damages arising from his
acts or limit such corporation, partnership, sole proprietorship, limited
liability company, or other entity from liability for acts of its employees or
agents. No such corporation, partnership, sole proprietorship, limited
liability company, or other entity, or any affiliate thereof, shall, on its
behalf or on behalf of any such licensee or certificate holder, be prohibited
from (i) purchasing or maintaining insurance against any such liability; (ii)
entering into any indemnification agreement with respect to any such liability;
or (iii) receiving indemnification as a result of any such liability.
B. Except for professional corporations holding a certificate of authority
issued in accordance with § 13.1-549, professional limited liability companies
holding a certificate of authority issued in accordance with § 13.1-1111, and
sole proprietorships that do not employ other individuals for which licensing is
required, any person, corporation, partnership, limited liability company, or
other entity offering or rendering the practice of architecture, engineering,
land surveying or offering the title of certified landscape architecture
architect or certified interior designer shall register with the
Board. As a condition of registration, the entity shall name at least one licensed architect, professional
engineer, land surveyor, or certified landscape architect or certified interior
designer for such profession offered or rendered. The person or persons named
shall be responsible and have control of the regulated services rendered by the
entity.
C. The Board shall adopt regulations governing the registration of persons, corporations, partnerships, limited liability companies, sole proprietors and other entities as required in subsections A and B which:
1. Provide for procedural requirements to obtain and renew registration on a periodic basis;
2. Establish fees for the application and renewal of registration sufficient to cover costs;
3. Assure that regulated services are rendered and controlled by persons authorized to do so; and
4. Ensure that conflicts of interests are disclosed.