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House Bill No. 5216

Public Act No. 04-175

AN ACT CONCERNING THE FORMATION OF LIMITED LIABILITY COMPANIES TO RENDER PROFESSIONAL SERVICES BY LICENSED OR CERTIFIED ALCOHOL AND DRUG COUNSELORS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subdivision (23) of section 34-101 of the general statutes, as amended by section 61 of public act 03-18, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(23) "Professional service" means any type of service to the public that requires that members of a profession rendering such service obtain a license or other legal authorization as a condition precedent to the rendition thereof, limited to the professional services rendered by dentists, natureopaths, chiropractors, physicians and surgeons, doctors of dentistry, physical therapists, occupational therapists, podiatrists, optometrists, nurses, nurse-midwives, veterinarians, pharmacists, architects, professional engineers, or jointly by architects and professional engineers, landscape architects, real estate brokers, insurance producers, certified public accountants and public accountants, land surveyors, psychologists, attorneys-at-law, licensed marital and family therapists, licensed professional counselors, licensed or certified alcohol and drug counselors and licensed clinical social workers.

Sec. 2. Subsections (b) and (c) of section 34-119 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(b) [A] Except as otherwise provided in this subsection, a limited liability company may be formed to render professional services provided: (1) Each member of the limited liability company must be licensed or otherwise authorized by law in this state or any other jurisdiction to render such professional services; (2) the limited liability company will render only one specific type of professional services and services ancillary to them and may not engage in any business other than the rendering of professional services for which it was formed to render and services ancillary to them; and (3) the limited liability company may render its professional services in this state only through its members, managers, employees and agents who are licensed or otherwise legally authorized to render such professional services within this state. A limited liability company that will render professional services by licensed or certified alcohol and drug counselors may only be formed pursuant to subdivision (2) of subsection (c) of this section.

(c) A limited liability company may be formed to render professional services rendered by members of two or more of the following professions: (1) Psychology, marital and family therapy, social work, nursing and psychiatry; or (2) medicine and surgery, occupational therapy, social work and alcohol and drug counseling; provided [(1)] (A) each member of the limited liability company must be licensed or otherwise authorized by law in this state or any other jurisdiction to render any of the types of professional services specified in subdivision (1) or (2) of this subsection, [(2)] (B) the limited liability company will render only the types of professional services specified in subdivision (1) or (2) of this subsection and services ancillary to them and may not engage in any business other than the rendering of professional services for which it was formed to render and services ancillary to them, and [(3)] (C) the limited liability company may render its professional services in this state only through its members, managers, employees and agents who are licensed or otherwise legally authorized to render any of the types of professional services specified in subdivision (1) or (2) of this subsection within this state.

Approved June 1, 2004