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H.B. 201 Enrolled

    

PROFESSIONAL CORPORATION ACT AMENDMENTS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Patrice Arent

    AN ACT RELATING TO CORPORATIONS; AMENDING THE DEFINITION OF
    PROFESSIONAL SERVICES; AND MAKING TECHNICAL CORRECTIONS.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         16-11-2, as last amended by Chapters 79, 232 and 247, Laws of Utah 1996
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 16-11-2 is amended to read:
         16-11-2. Definitions.
        As used in this chapter:
        (1) "Filed" means the division has received and approved, as to form, a document
    submitted under the provisions of this chapter, and has marked on the face of the document a
    stamp or seal indicating the time of day and date of approval, the name of the division, the division
    director's signature and division seal, or facsimiles of the signature or seal.
        (2) "Professional corporation" means a corporation organized under this chapter.
        (3) "Professional service" means the personal service rendered by:
        (a) a physician, surgeon, or doctor of medicine holding a license under Title 58, Chapter
    67, Utah Medical Practice Act, and any subsequent laws regulating the practice of medicine;
        (b) a doctor of dentistry holding a license under Title 58, Chapter 69, [Dentists] Dentist
    and Dental [Hygienists] Hygienist Practice Act, and any subsequent laws regulating the practice
    of dentistry;
        (c) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68, Utah
    Osteopathic Medical Practice Act, and any subsequent laws regulating the practice of osteopathy;
        (d) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic [and]
    Physician Practice Act, and any subsequent laws regulating the practice of chiropractic;
        (e) a podiatric physician holding a license under Title 58, Chapter 5a, Podiatric Physician


    Licensing Act, and any subsequent laws regulating the practice of podiatry;
        (f) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry Practice
    Act, and any subsequent laws regulating the practice of optometry;
        (g) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice Act, and
    any subsequent laws regulating the practice of veterinary medicine;
        (h) an architect holding a license under Title 58, Chapter [3] 3a, Architects Licensing Act,
    and any subsequent laws regulating the practice of architecture;
        (i) a public accountant holding a license under Title 58, Chapter 26, Certified Public
    Accountant Licensing Act, and any subsequent laws regulating the practice of public accounting;
        (j) a naturopath holding a license under Title 58, Chapter [12, Part 3] 71, Naturopathic
    Physician Practice Act, and any subsequent laws regulating the practice of naturopathy;
        (k) a pharmacist holding a license under Title 58, Chapter 17a, Pharmacy Practice Act, and
    any subsequent laws regulating the practice of pharmacy;
        (l) an attorney granted the authority to practice law by:
        (i) the Utah Supreme Court, as provided in Title 78, Chapter 51, Attorneys and Counselors;
    or
        (ii) the Supreme Court, other court, agency, instrumentality, or regulating board that licenses
    or regulates the authority to practice law in any state or territory of the United States other than Utah;
        (m) a professional engineer registered under Title 58, Chapter 22, Professional Engineers
    and Professional Land Surveyor Licensing Act;
        (n) a real estate broker or real estate agent holding a license under Title 61, Chapter 2,
    Division of Real Estate, and any subsequent laws regulating the selling, exchanging, purchasing,
    renting, or leasing of real estate;
        (o) a psychologist holding a license under Title 58, Chapter 61, Psychologist Licensing Act,
    and any subsequent laws regulating the practice of psychology;
        (p) a clinical or certified social worker holding a license under Title 58, Chapter 60, Part 2,
    Social Worker Licensing Act, and any subsequent laws regulating the practice of social work;
        (q) a physical therapist holding a license under Title 58, Chapter 24a, Physical Therapist

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    Practice Act, and any subsequent laws regulating the practice of physical therapy; or
        (r) a nurse licensed under Title 58, Chapter 31, Nurse Practice Act, or Title 58, Chapter 44a,
    Nurse Midwife Practice Act.
        (4) "Regulating board" means the board [which] that is charged with the licensing and
    regulation of the practice of the profession which the professional corporation is organized to render.
    The definitions of Title 16, Chapter 10a, Utah Revised Business Corporation Act, apply to this
    chapter unless the context clearly indicates that a different meaning is intended.

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