California Legislature—2013–14 Regular Session

Assembly BillNo. 1003


Introduced by Assembly Member Maienschein

February 22, 2013


An act to amend 13401.5 of the Corporations Code, relating to professional corporations.

LEGISLATIVE COUNSEL’S DIGEST

AB 1003, as introduced, Maienschein. Professional corporations: healing arts practitioners.

The Moscone-Knox Professional Corporation Act provides for the organization of a corporation under certain existing law for the purposes of qualifying as a professional corporation under that act and rendering professional services. The act defines a professional corporation as a corporation organized under the General Corporation Law or pursuant to specified law that is engaged in rendering professional services in a single profession, except as otherwise authorized in the act, pursuant to a certificate of registration issued by the governmental agency regulating the profession and that in its practice or business designates itself as a professional or other corporation as may be required by statute. The act authorizes specified listed types of healing arts practitioners to be shareholders, officers, directors, or professional employees of a designated professional corporation, subject to certain limitations relating to ownership of shares.

This bill would delete professional employees from that authorization, and, instead, would provide that those provisions do not limit the employment of persons duly licensed under the Business and Professions Code, the Chiropractic Act, or the Osteopathic Act to render professional services, by a designated professional corporation, to the listed licensed professionals specified in the provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 13401.5 of the Corporations Code is
2amended to read:

3

13401.5.  

begin insert(a)end insertbegin insertend insert Notwithstanding subdivision (d) of Section 13401
4and any other provision of law, the following licensed persons
5may be shareholders, officers,begin insert orend insert directorsbegin delete, or professional
6employeesend delete
of the professional corporations designated in this
7section so long as the sum of all shares owned by those licensed
8persons does not exceed 49 percent of the total number of shares
9of the professional corporation so designated herein, and so long
10as the number of those licensed persons owning shares in the
11professional corporation so designated herein does not exceed the
12number of persons licensed by the governmental agency regulating
13the designated professional corporation:

begin delete

14(a) Medical corporation.

end delete
begin delete

15(1) Licensed doctors of podiatric medicine.

end delete
begin delete

16(2) Licensed psychologists.

end delete
begin delete

17(3) Registered nurses.

end delete
begin delete

18(4) Licensed optometrists.

end delete
begin delete

19(5) Licensed marriage and family therapists.

end delete
begin delete

20(6) Licensed clinical social workers.

end delete
begin delete

21(7) Licensed physician assistants.

end delete
begin delete

22(8) Licensed chiropractors.

end delete
begin delete

23(9) Licensed acupuncturists.

end delete
begin delete

24(10) Naturopathic doctors.

end delete
begin delete

25(11) Licensed professional clinical counselors.

end delete
begin delete

26(b) Podiatric medical corporation.

end delete
begin delete

27(1) Licensed physicians and surgeons.

end delete
begin delete

28(2) Licensed psychologists.

end delete
begin delete

29(3) Registered nurses.

end delete
begin delete

30(4) Licensed optometrists.

end delete
begin delete

31(5) Licensed chiropractors.

end delete
begin delete

32(6) Licensed acupuncturists.

end delete
begin delete

33(7) Naturopathic doctors.

end delete
begin delete

P3    1(c) Psychological corporation.

end delete
begin delete

2(1) Licensed physicians and surgeons.

end delete
begin delete

3(2) Licensed doctors of podiatric medicine.

end delete
begin delete

4(3) Registered nurses.

end delete
begin delete

5(4) Licensed optometrists.

end delete
begin delete

6(5) Licensed marriage and family therapists.

end delete
begin delete

7(6) Licensed clinical social workers.

end delete
begin delete

8(7) Licensed chiropractors.

end delete
begin delete

9(8) Licensed acupuncturists.

end delete
begin delete

10(9) Naturopathic doctors.

end delete
begin delete

11(10) Licensed professional clinical counselors.

end delete
begin delete

12(d) Speech-language pathology corporation.

end delete
begin delete

13(1) Licensed audiologists.

end delete
begin delete

14(e) Audiology corporation.

end delete
begin delete

15(1) Licensed speech-language pathologists.

end delete
begin delete

16(f) Nursing corporation.

end delete
begin delete

17(1) Licensed physicians and surgeons.

end delete
begin delete

18(2) Licensed doctors of podiatric medicine.

end delete
begin delete

19(3) Licensed psychologists.

end delete
begin delete

20(4) Licensed optometrists.

end delete
begin delete

21(5) Licensed marriage and family therapists.

end delete
begin delete

22(6) Licensed clinical social workers.

end delete
begin delete

23(7) Licensed physician assistants.

end delete
begin delete

24(8) Licensed chiropractors.

end delete
begin delete

25(9) Licensed acupuncturists.

end delete
begin delete

26(10) Naturopathic doctors.

end delete
begin delete

27(11) Licensed professional clinical counselors.

end delete
begin delete

28(g) Marriage and family therapist corporation.

end delete
begin delete

29(1) Licensed physicians and surgeons.

end delete
begin delete

30(2) Licensed psychologists.

end delete
begin delete

31(3) Licensed clinical social workers.

end delete
begin delete

32(4) Registered nurses.

end delete
begin delete

33(5) Licensed chiropractors.

end delete
begin delete

34(6) Licensed acupuncturists.

end delete
begin delete

35(7) Naturopathic doctors.

end delete
begin delete

36(8) Licensed professional clinical counselors.

end delete
begin delete

37(h) Licensed clinical social worker corporation.

end delete
begin delete

38(1) Licensed physicians and surgeons.

end delete
begin delete

39(2) Licensed psychologists.

end delete
begin delete

40(3) Licensed marriage and family therapists.

end delete
begin delete

P4    1(4) Registered nurses.

end delete
begin delete

2(5) Licensed chiropractors.

end delete
begin delete

3(6) Licensed acupuncturists.

end delete
begin delete

4(7) Naturopathic doctors.

end delete
begin delete

5(8) Licensed professional clinical counselors.

end delete
begin delete

6(i) Physician assistants corporation.

end delete
begin delete

7(1) Licensed physicians and surgeons.

end delete
begin delete

8(2) Registered nurses.

end delete
begin delete

9(3) Licensed acupuncturists.

end delete
begin delete

10(4) Naturopathic doctors.

end delete
begin delete

11(j) Optometric corporation.

end delete
begin delete

12(1) Licensed physicians and surgeons.

end delete
begin delete

13(2) Licensed doctors of podiatric medicine.

end delete
begin delete

14(3) Licensed psychologists.

end delete
begin delete

15(4) Registered nurses.

end delete
begin delete

16(5) Licensed chiropractors.

end delete
begin delete

17(6) Licensed acupuncturists.

end delete
begin delete

18(7) Naturopathic doctors.

end delete
begin delete

19(k) Chiropractic corporation.

end delete
begin delete

20(1) Licensed physicians and surgeons.

end delete
begin delete

21(2) Licensed doctors of podiatric medicine.

end delete
begin delete

22(3) Licensed psychologists.

end delete
begin delete

23(4) Registered nurses.

end delete
begin delete

24(5) Licensed optometrists.

end delete
begin delete

25(6) Licensed marriage and family therapists.

end delete
begin delete

26(7) Licensed clinical social workers.

end delete
begin delete

27(8) Licensed acupuncturists.

end delete
begin delete

28(9) Naturopathic doctors.

end delete
begin delete

29(10) Licensed professional clinical counselors.

end delete
begin delete

30(l) Acupuncture corporation.

end delete
begin delete

31(1) Licensed physicians and surgeons.

end delete
begin delete

32(2) Licensed doctors of podiatric medicine.

end delete
begin delete

33(3) Licensed psychologists.

end delete
begin delete

34(4) Registered nurses.

end delete
begin delete

35(5) Licensed optometrists.

end delete
begin delete

36(6) Licensed marriage and family therapists.

end delete
begin delete

37(7) Licensed clinical social workers.

end delete
begin delete

38(8) Licensed physician assistants.

end delete
begin delete

39(9) Licensed chiropractors.

end delete
begin delete

40(10) Naturopathic doctors.

end delete
begin delete

P5    1(11) Licensed professional clinical counselors.

end delete
begin delete

2(m) Naturopathic doctor corporation.

end delete
begin delete

3(1) Licensed physicians and surgeons.

end delete
begin delete

4(2) Licensed psychologists.

end delete
begin delete

5(3) Registered nurses.

end delete
begin delete

6(4) Licensed physician assistants.

end delete
begin delete

7(5) Licensed chiropractors.

end delete
begin delete

8(6) Licensed acupuncturists.

end delete
begin delete

9(7) Licensed physical therapists.

end delete
begin delete

10(8) Licensed doctors of podiatric medicine.

end delete
begin delete

11(9) Licensed marriage and family therapists.

end delete
begin delete

12(10) Licensed clinical social workers.

end delete
begin delete

13(11) Licensed optometrists.

end delete
begin delete

14(12) Licensed professional clinical counselors.

end delete
begin delete

15(n) Dental corporation.

end delete
begin delete

16(1) Licensed physicians and surgeons.

end delete
begin delete

17(2) Dental assistants.

end delete
begin delete

18(3) Registered dental assistants.

end delete
begin delete

19(4) Registered dental assistants in extended functions.

end delete
begin delete

20(5) Registered dental hygienists.

end delete
begin delete

21(6) Registered dental hygienists in extended functions.

end delete
begin delete

22(7) Registered dental hygienists in alternative practice.

end delete
begin delete

23(o) Professional clinical counselor corporation.

end delete
begin delete

24(1) Licensed physicians and surgeons.

end delete
begin delete

25(2) Licensed psychologists.

end delete
begin delete

26(3) Licensed clinical social workers.

end delete
begin delete

27(4) Licensed marriage and family therapists.

end delete
begin delete

28(5) Registered nurses.

end delete
begin delete

29(6) Licensed chiropractors.

end delete
begin delete

30(7) Licensed acupuncturists.

end delete
begin delete

31(8) Naturopathic doctors.

end delete
begin insert

32(1) Medical corporation.

end insert
begin insert

33(A) Licensed doctors of podiatric medicine.

end insert
begin insert

34(B) Licensed psychologists.

end insert
begin insert

35(C) Registered nurses.

end insert
begin insert

36(D) Licensed optometrists.

end insert
begin insert

37(E) Licensed marriage and family therapists.

end insert
begin insert

38(F) Licensed clinical social workers.

end insert
begin insert

39(G) Licensed physician assistants.

end insert
begin insert

40(H) Licensed chiropractors.

end insert
begin insert

P6    1(I) Licensed acupuncturists.

end insert
begin insert

2(J) Naturopathic doctors.

end insert
begin insert

3(K) Licensed professional clinical counselors.

end insert
begin insert

4(2) Podiatric medical corporation.

end insert
begin insert

5(A) Licensed physicians and surgeons.

end insert
begin insert

6(B) Licensed psychologists.

end insert
begin insert

7(C) Registered nurses.

end insert
begin insert

8(D) Licensed optometrists.

end insert
begin insert

9(E) Licensed chiropractors.

end insert
begin insert

10(F) Licensed acupuncturists.

end insert
begin insert

11(G) Naturopathic doctors.

end insert
begin insert

12(3) Psychological corporation.

end insert
begin insert

13(A) Licensed physicians and surgeons.

end insert
begin insert

14(B) Licensed doctors of podiatric medicine.

end insert
begin insert

15(C) Registered nurses.

end insert
begin insert

16(D) Licensed optometrists.

end insert
begin insert

17(E) Licensed marriage and family therapists.

end insert
begin insert

18(F) Licensed clinical social workers.

end insert
begin insert

19(G) Licensed chiropractors.

end insert
begin insert

20(H) Licensed acupuncturists.

end insert
begin insert

21(I) Naturopathic doctors.

end insert
begin insert

22(J) Licensed professional clinical counselors.

end insert
begin insert

23(4) Speech-language pathology corporation.

end insert
begin insert

24(A) Licensed audiologists.

end insert
begin insert

25(5) Audiology corporation.

end insert
begin insert

26(A) Licensed speech-language pathologists.

end insert
begin insert

27(6) Nursing corporation.

end insert
begin insert

28(A) Licensed physicians and surgeons.

end insert
begin insert

29(B) Licensed doctors of podiatric medicine.

end insert
begin insert

30(C) Licensed psychologists.

end insert
begin insert

31(D) Licensed optometrists.

end insert
begin insert

32(E) Licensed marriage and family therapists.

end insert
begin insert

33(F) Licensed clinical social workers.

end insert
begin insert

34(G) Licensed physician assistants.

end insert
begin insert

35(H) Licensed chiropractors.

end insert
begin insert

36(I) Licensed acupuncturists.

end insert
begin insert

37(J) Naturopathic doctors.

end insert
begin insert

38(K) Licensed professional clinical counselors.

end insert
begin insert

39(7) Marriage and family therapist corporation.

end insert
begin insert

40(A) Licensed physicians and surgeons.

end insert
begin insert

P7    1(B) Licensed psychologists.

end insert
begin insert

2(C) Licensed clinical social workers.

end insert
begin insert

3(D) Registered nurses.

end insert
begin insert

4(E) Licensed chiropractors.

end insert
begin insert

5(F) Licensed acupuncturists.

end insert
begin insert

6(G) Naturopathic doctors.

end insert
begin insert

7(H) Licensed professional clinical counselors.

end insert
begin insert

8(8) Licensed clinical social worker corporation.

end insert
begin insert

9(A) Licensed physicians and surgeons.

end insert
begin insert

10(B) Licensed psychologists.

end insert
begin insert

11(C) Licensed marriage and family therapists.

end insert
begin insert

12(D) Registered nurses.

end insert
begin insert

13(E) Licensed chiropractors.

end insert
begin insert

14(F) Licensed acupuncturists.

end insert
begin insert

15(G) Naturopathic doctors.

end insert
begin insert

16(H) Licensed professional clinical counselors.

end insert
begin insert

17(9) Physician assistants corporation.

end insert
begin insert

18(A) Licensed physicians and surgeons.

end insert
begin insert

19(B) Registered nurses.

end insert
begin insert

20(C) Licensed acupuncturists.

end insert
begin insert

21(D) Naturopathic doctors.

end insert
begin insert

22(10) Optometric corporation.

end insert
begin insert

23(A) Licensed physicians and surgeons.

end insert
begin insert

24(B) Licensed doctors of podiatric medicine.

end insert
begin insert

25(C) Licensed psychologists.

end insert
begin insert

26(D) Registered nurses.

end insert
begin insert

27(E) Licensed chiropractors.

end insert
begin insert

28(F) Licensed acupuncturists.

end insert
begin insert

29(G) Naturopathic doctors.

end insert
begin insert

30(11) Chiropractic corporation.

end insert
begin insert

31(A) Licensed physicians and surgeons.

end insert
begin insert

32(B) Licensed doctors of podiatric medicine.

end insert
begin insert

33(C) Licensed psychologists.

end insert
begin insert

34(D) Registered nurses.

end insert
begin insert

35(E) Licensed optometrists.

end insert
begin insert

36(F) Licensed marriage and family therapists.

end insert
begin insert

37(G) Licensed clinical social workers.

end insert
begin insert

38(H) Licensed acupuncturists.

end insert
begin insert

39(I) Naturopathic doctors.

end insert
begin insert

40(J) Licensed professional clinical counselors.

end insert
begin insert

P8    1(12) Acupuncture corporation.

end insert
begin insert

2(A) Licensed physicians and surgeons.

end insert
begin insert

3(B) Licensed doctors of podiatric medicine.

end insert
begin insert

4(C) Licensed psychologists.

end insert
begin insert

5(D) Registered nurses.

end insert
begin insert

6(E) Licensed optometrists.

end insert
begin insert

7(F) Licensed marriage and family therapists.

end insert
begin insert

8(G) Licensed clinical social workers.

end insert
begin insert

9(H) Licensed physician assistants.

end insert
begin insert

10(I) Licensed chiropractors.

end insert
begin insert

11(J) Naturopathic doctors.

end insert
begin insert

12(K) Licensed professional clinical counselors.

end insert
begin insert

13(13) Naturopathic doctor corporation.

end insert
begin insert

14(A) Licensed physicians and surgeons.

end insert
begin insert

15(B) Licensed psychologists.

end insert
begin insert

16(C) Registered nurses.

end insert
begin insert

17(D) Licensed physician assistants.

end insert
begin insert

18(E) Licensed chiropractors.

end insert
begin insert

19(F) Licensed acupuncturists.

end insert
begin insert

20(G) Licensed physical therapists.

end insert
begin insert

21(H) Licensed doctors of podiatric medicine.

end insert
begin insert

22(I) Licensed marriage and family therapists.

end insert
begin insert

23(J) Licensed clinical social workers.

end insert
begin insert

24(K) Licensed optometrists.

end insert
begin insert

25(L) Licensed professional clinical counselors.

end insert
begin insert

26(14) Dental corporation.

end insert
begin insert

27(A) Licensed physicians and surgeons.

end insert
begin insert

28(B) Dental assistants.

end insert
begin insert

29(C) Registered dental assistants.

end insert
begin insert

30(D) Registered dental assistants in extended functions.

end insert
begin insert

31(E) Registered dental hygienists.

end insert
begin insert

32(F) Registered dental hygienists in extended functions.

end insert
begin insert

33(G) Registered dental hygienists in alternative practice.

end insert
begin insert

34(15) Professional clinical counselor corporation.

end insert
begin insert

35(A) Licensed physicians and surgeons.

end insert
begin insert

36(B) Licensed psychologists.

end insert
begin insert

37(C) Licensed clinical social workers.

end insert
begin insert

38(D) Licensed marriage and family therapists.

end insert
begin insert

39(E) Registered nurses.

end insert
begin insert

40(F) Licensed chiropractors.

end insert
begin insert

P9    1(G) Licensed acupuncturists.

end insert
begin insert

2(H) Naturopathic doctors.

end insert
begin insert

3(b) This section does not limit the employment of persons duly
4licensed under the Business and Professions Code, the Chiropractic
5Act, or the Osteopathic Act to render professional services, by a
6professional corporation designated in the section, to the licensed
7professionals listed under each paragraph of subdivision (a).

end insert


O

    99