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2000 SESSION
005032254Be it enacted by the General Assembly of Virginia:
1. That §§ 13.1-543, 13.1-556, and 13.1-1102 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, 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 whose articles
of incorporation set forth a sole and specific purpose permitted by this chapter and
which is either (i) organized under this chapter for the sole and
specific purpose of rendering professional service other than that of architects,
professional engineers, land surveyors or certified landscape architects 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 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, land surveyors or certified landscape architects, or
any combination thereof, and at least two-thirds of whose shares are held by
persons duly licensed or otherwise legally authorized within this Commonwealth
to perform the services of an architect, professional engineer, land surveyor
or certified landscape architect; 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.
§ 13.1-556. Application of Chapter 9 or Chapter 10 of this title.
The provisions of Chapter 9 (§ 13.1-601 et seq.) or Chapter 10 (§ 13.1-801 et seq.), as the case may be, of this title shall be applicable to professional corporations organized under the provisions of this chapter. Where a conflict arises between the provisions found in Chapter 9, or Chapter 10, as the case may be, and this chapter, this chapter shall control.
§ 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
whose articles of organization set forth a sole and specific purpose
permitted by this chapter and that is either (i) organized under this chapter
for the sole and specific purpose of rendering professional service other than that of
architects, professional engineers, land surveyors or certified landscape
architects 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 Commonwealth; or (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, land
surveyors or certified landscape architects, or any combination thereof, and at least
two-thirds of whose membership interests are held by persons duly licensed or
legally authorized within this Commonwealth to perform the services of an
architect, professional engineer, land surveyor or certified landscape
architect; 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, 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.