BILL NUMBER: AB 1003 INTRODUCED
BILL TEXT
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:
SECTION 1. Section 13401.5 of the Corporations Code is amended to
read:
13401.5. (a) Notwithstanding subdivision
(d) of Section 13401 and any other provision of law, the following
licensed persons may be shareholders, officers, or
directors , or professional employees of the
professional corporations designated in this section so long as the
sum of all shares owned by those licensed persons does not exceed 49
percent of the total number of shares of the professional corporation
so designated herein, and so long as the number of those licensed
persons owning shares in the professional corporation so designated
herein does not exceed the number of persons licensed by the
governmental agency regulating the designated professional
corporation:
(a) Medical corporation.
(1) Licensed doctors of podiatric medicine.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed physician assistants.
(8) Licensed chiropractors.
(9) Licensed acupuncturists.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(b) Podiatric medical corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(c) Psychological corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed chiropractors.
(8) Licensed acupuncturists.
(9) Naturopathic doctors.
(10) Licensed professional clinical counselors.
(d) Speech-language pathology corporation.
(1) Licensed audiologists.
(e) Audiology corporation.
(1) Licensed speech-language pathologists.
(f) Nursing corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed physician assistants.
(8) Licensed chiropractors.
(9) Licensed acupuncturists.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(g) Marriage and family therapist corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed clinical social workers.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed professional clinical counselors.
(h) Licensed clinical social worker corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed marriage and family therapists.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed professional clinical counselors.
(i) Physician assistants corporation.
(1) Licensed physicians and surgeons.
(2) Registered nurses.
(3) Licensed acupuncturists.
(4) Naturopathic doctors.
(j) Optometric corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(k) Chiropractic corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed optometrists.
(6) Licensed marriage and family therapists.
(7) Licensed clinical social workers.
(8) Licensed acupuncturists.
(9) Naturopathic doctors.
(10) Licensed professional clinical counselors.
(l) Acupuncture corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed optometrists.
(6) Licensed marriage and family therapists.
(7) Licensed clinical social workers.
(8) Licensed physician assistants.
(9) Licensed chiropractors.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(m) Naturopathic doctor corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed physician assistants.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Licensed physical therapists.
(8) Licensed doctors of podiatric medicine.
(9) Licensed marriage and family therapists.
(10) Licensed clinical social workers.
(11) Licensed optometrists.
(12) Licensed professional clinical counselors.
(n) Dental corporation.
(1) Licensed physicians and surgeons.
(2) Dental assistants.
(3) Registered dental assistants.
(4) Registered dental assistants in extended functions.
(5) Registered dental hygienists.
(6) Registered dental hygienists in extended functions.
(7) Registered dental hygienists in alternative practice.
(o) Professional clinical counselor corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed clinical social workers.
(4) Licensed marriage and family therapists.
(5) Registered nurses.
(6) Licensed chiropractors.
(7) Licensed acupuncturists.
(8) Naturopathic doctors.
(1) Medical corporation.
(A) Licensed doctors of podiatric medicine.
(B) Licensed psychologists.
(C) Registered nurses.
(D) Licensed optometrists.
(E) Licensed marriage and family therapists.
(F) Licensed clinical social workers.
(G) Licensed physician assistants.
(H) Licensed chiropractors.
(I) Licensed acupuncturists.
(J) Naturopathic doctors.
(K) Licensed professional clinical counselors.
(2) Podiatric medical corporation.
(A) Licensed physicians and surgeons.
(B) Licensed psychologists.
(C) Registered nurses.
(D) Licensed optometrists.
(E) Licensed chiropractors.
(F) Licensed acupuncturists.
(G) Naturopathic doctors.
(3) Psychological corporation.
(A) Licensed physicians and surgeons.
(B) Licensed doctors of podiatric medicine.
(C) Registered nurses.
(D) Licensed optometrists.
(E) Licensed marriage and family therapists.
(F) Licensed clinical social workers.
(G) Licensed chiropractors.
(H) Licensed acupuncturists.
(I) Naturopathic doctors.
(J) Licensed professional clinical counselors.
(4) Speech-language pathology corporation.
(A) Licensed audiologists.
(5) Audiology corporation.
(A) Licensed speech-language pathologists.
(6) Nursing corporation.
(A) Licensed physicians and surgeons.
(B) Licensed doctors of podiatric medicine.
(C) Licensed psychologists.
(D) Licensed optometrists.
(E) Licensed marriage and family therapists.
(F) Licensed clinical social workers.
(G) Licensed physician assistants.
(H) Licensed chiropractors.
(I) Licensed acupuncturists.
(J) Naturopathic doctors.
(K) Licensed professional clinical counselors.
(7) Marriage and family therapist corporation.
(A) Licensed physicians and surgeons.
(B) Licensed psychologists.
(C) Licensed clinical social workers.
(D) Registered nurses.
(E) Licensed chiropractors.
(F) Licensed acupuncturists.
(G) Naturopathic doctors.
(H) Licensed professional clinical counselors.
(8) Licensed clinical social worker corporation.
(A) Licensed physicians and surgeons.
(B) Licensed psychologists.
(C) Licensed marriage and family therapists.
(D) Registered nurses.
(E) Licensed chiropractors.
(F) Licensed acupuncturists.
(G) Naturopathic doctors.
(H) Licensed professional clinical counselors.
(9) Physician assistants corporation.
(A) Licensed physicians and surgeons.
(B) Registered nurses.
(C) Licensed acupuncturists.
(D) Naturopathic doctors.
(10) Optometric corporation.
(A) Licensed physicians and surgeons.
(B) Licensed doctors of podiatric medicine.
(C) Licensed psychologists.
(D) Registered nurses.
(E) Licensed chiropractors.
(F) Licensed acupuncturists.
(G) Naturopathic doctors.
(11) Chiropractic corporation.
(A) Licensed physicians and surgeons.
(B) Licensed doctors of podiatric medicine.
(C) Licensed psychologists.
(D) Registered nurses.
(E) Licensed optometrists.
(F) Licensed marriage and family therapists.
(G) Licensed clinical social workers.
(H) Licensed acupuncturists.
(I) Naturopathic doctors.
(J) Licensed professional clinical counselors.
(12) Acupuncture corporation.
(A) Licensed physicians and surgeons.
(B) Licensed doctors of podiatric medicine.
(C) Licensed psychologists.
(D) Registered nurses.
(E) Licensed optometrists.
(F) Licensed marriage and family therapists.
(G) Licensed clinical social workers.
(H) Licensed physician assistants.
(I) Licensed chiropractors.
(J) Naturopathic doctors.
(K) Licensed professional clinical counselors.
(13) Naturopathic doctor corporation.
(A) Licensed physicians and surgeons.
(B) Licensed psychologists.
(C) Registered nurses.
(D) Licensed physician assistants.
(E) Licensed chiropractors.
(F) Licensed acupuncturists.
(G) Licensed physical therapists.
(H) Licensed doctors of podiatric medicine.
(I) Licensed marriage and family therapists.
(J) Licensed clinical social workers.
(K) Licensed optometrists.
(L) Licensed professional clinical counselors.
(14) Dental corporation.
(A) Licensed physicians and surgeons.
(B) Dental assistants.
(C) Registered dental assistants.
(D) Registered dental assistants in extended functions.
(E) Registered dental hygienists.
(F) Registered dental hygienists in extended functions.
(G) Registered dental hygienists in alternative practice.
(15) Professional clinical counselor corporation.
(A) Licensed physicians and surgeons.
(B) Licensed psychologists.
(C) Licensed clinical social workers.
(D) Licensed marriage and family therapists.
(E) Registered nurses.
(F) Licensed chiropractors.
(G) Licensed acupuncturists.
(H) Naturopathic doctors.
(b) This section does 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
professional corporation designated in the section, to the licensed
professionals listed under each paragraph of subdivision (a).