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H.B. 273

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PROFESSIONAL CORPORATION ACT

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Ralph Becker

5    AN ACT RELATING TO CORPORATIONS; AMENDING THE DEFINITION OF
6    PROFESSIONAL SERVICES; AND MAKING TECHNICAL CORRECTIONS.
7    This act affects sections of Utah Code Annotated 1953 as follows:
8    AMENDS:
9         16-11-2, as last amended by Chapters 79, 232 and 247, Laws of Utah 1996
10    Be it enacted by the Legislature of the state of Utah:
11        Section 1. Section 16-11-2 is amended to read:
12         16-11-2. Definitions.
13        As used in this chapter:
14        (1) "Filed" means the division has received and approved, as to form, a document
15    submitted under the provisions of this chapter, and has marked on the face of the document a
16    stamp or seal indicating the time of day and date of approval, the name of the division, the division
17    director's signature and division seal, or facsimiles of the signature or seal.
18        (2) "Professional corporation" means a corporation organized under this chapter.
19        (3) "Professional service" means the personal service rendered by:
20        (a) a physician, surgeon, or doctor of medicine holding a license under Title 58, Chapter
21    67, Utah Medical Practice Act, and any subsequent laws regulating the practice of medicine;
22        (b) a doctor of dentistry holding a license under Title 58, Chapter 69, [Dentists] Dentist
23    and Dental [Hygienists] Hygienist Practice Act, and any subsequent laws regulating the practice
24    of dentistry;
25        (c) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68, Utah
26    Osteopathic Medical Practice Act, and any subsequent laws regulating the practice of osteopathy;
27        (d) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic [and]


1    Physician Practice Act, and any subsequent laws regulating the practice of chiropractic;
2        (e) a podiatric physician holding a license under Title 58, Chapter 5a, Podiatric Physician
3    Licensing Act, and any subsequent laws regulating the practice of podiatry;
4        (f) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry Practice
5    Act, and any subsequent laws regulating the practice of optometry;
6        (g) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice Act,
7    and any subsequent laws regulating the practice of veterinary medicine;
8        (h) an architect holding a license under Title 58, Chapter [3] 3a, Architects Licensing Act,
9    and any subsequent laws regulating the practice of architecture;
10        (i) a public accountant holding a license under Title 58, Chapter 26, Certified Public
11    Accountant Licensing Act, and any subsequent laws regulating the practice of public accounting;
12        (j) a naturopath holding a license under Title 58, Chapter [12, Part 3] 71, Naturopathic
13    Physician Practice Act, and any subsequent laws regulating the practice of naturopathy;
14        (k) a pharmacist holding a license under Title 58, Chapter 17a, Pharmacy Practice Act, and
15    any subsequent laws regulating the practice of pharmacy;
16        (l) an attorney granted the authority to practice law by the Supreme Court, as provided in
17    Title 78, Chapter 51;
18        (m) a professional engineer registered under Title 58, Chapter 22, Professional Engineers
19    and Professional Land Surveyors Licensing Act;
20        (n) a real estate broker or real estate agent holding a license under Title 61, Chapter 2,
21    Division of Real Estate, and any subsequent laws regulating the selling, exchanging, purchasing,
22    renting, or leasing of real estate;
23        (o) a psychologist holding a license under Title 58, Chapter 61, Psychologist Licensing
24    Act, and any subsequent laws regulating the practice of psychology;
25        (p) a clinical or certified social worker holding a license under Title 58, Chapter 60, Part
26    2, Social Worker Licensing Act, and any subsequent laws regulating the practice of social work;
27        (q) a physical therapist holding a license under Title 58, Chapter 24a, Physical Therapist
28    Practice Act, and any subsequent laws regulating the practice of physical therapy; [or]
29        (r) a nurse [licensed] holding a license under Title 58, Chapter 31, Nurse Practice Act, or
30    Title 58, Chapter 44a, Nurse Midwife Practice Act[.]; or
31        (s) a physician assistant holding a license under Title 58, Chapter 70, Physician Assistant

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1    Practice Act.
2        (4) "Regulating board" means the board [which] that is charged with the licensing and
3    regulation of the practice of the profession which the professional corporation is organized to
4    render. The definitions of Title 16, Chapter 10a, Utah Revised Business Corporation Act, apply
5    to this chapter unless the context clearly indicates that a different meaning is intended.




Legislative Review Note
    as of 12-19-96 9:29 AM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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