13.1-1102 - Definitions.
§ 13.1-1102. Definitions.
A. As used in this chapter:
"Professional business entity" means any entity as defined in § 13.1-603that is duly licensed or otherwise legally authorized under the laws of theCommonwealth or the laws of the jurisdiction under whose laws the entity isformed to render the same professional service as that for which aprofessional corporation or professional limited liability company may beorganized, including, but not limited to, (i) a professional limitedliability company as defined in this subsection, (ii) a professionalcorporation as defined in subsection A of § 13.1-543, or (iii) a partnershipthat is registered as a registered limited liability partnership under §50-73.132, all of the partners of which are duly licensed or otherwiselegally authorized to render the same professional services as those forwhich the partnership was organized.
"Professional limited liability company" means a limited liability companywhose articles of organization set forth a sole and specific purposepermitted by this chapter and that is either (i) organized under this chapterfor the sole and specific purpose of rendering professional service otherthan that of architects, professional engineers, land surveyors, or landscapearchitects, or using a title other than that of certified interior designersand, except as expressly otherwise permitted by this chapter, that has as itsmembers only individuals or professional business entities that are dulylicensed or otherwise legally authorized to render the same professionalservice as the professional limited liability company or (ii) organized underthis chapter for the sole and specific purpose of rendering professionalservice of architects, professional engineers, land surveyors, or landscapearchitects or using the title of certified interior designers, or anycombination thereof, and at least two-thirds of whose membership interestsare held by persons duly licensed within the Commonwealth to perform theservices of an architect, professional engineer, land surveyor, or landscapearchitect, or by persons legally authorized within the Commonwealth to usethe title of certified interior designer; or (iii) organized under thischapter for the sole and specific purpose of rendering the professionalservices of one or more practitioners of the healing arts, licensed under theprovisions of Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1, or one or morenurse practitioners, licensed under Chapter 29 (§ 54.1-2900 et seq.) of Title54.1, or one or more optometrists licensed under the provisions of Chapter 32(§ 54.1-3200 et seq.) of Title 54.1, or one or more physical therapists andphysical therapist assistants licensed under the provisions of Chapter 34.1(§ 54.1-3473 et seq.) of Title 54.1, or one or more practitioners of thebehavioral science professions, licensed under the provisions of Chapter 35(§ 54.1-3500 et seq.), 36 (§ 54.1-3600 et seq.) or 37 (§ 54.1-3700 et seq.)of Title 54.1, or one or more practitioners of audiology or speech pathology,licensed under the provisions of Chapter 26 (§ 54.1-2600 et seq.) of Title54.1, or one or more clinical nurse specialists who render mental healthservices licensed under Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 andregistered with the Board of Nursing, or any combination of practitioners ofthe healing arts, of optometry, physical therapy, the behavioral scienceprofessions, and audiology or speech pathology and all of whose members areindividuals or professional business entities duly licensed or otherwiselegally authorized to perform the services of a practitioner of the healingarts, nurse practitioners, optometry, physical therapy, the behavioralscience professions, audiology or speech pathology or of a clinical nursespecialist who renders mental health services; however, nothing herein shallbe construed so as to allow any member of the healing arts, optometry,physical therapy, the behavioral science professions, audiology or speechpathology or a nurse practitioner or clinical nurse specialist to conductthat person's practice in a manner contrary to the standards of ethics ofthat person's branch of the healing arts, optometry, physical therapy, thebehavioral science professions, or audiology or speech pathology, or nursingas the case may be.
"Professional services" means any type of personal service to the publicthat requires as a condition precedent to the rendering of that service orthe use of that title the obtaining of a license, certification, or otherlegal authorization and shall be limited to the personal services rendered bypharmacists, optometrists, physical therapists and physical therapistassistants, practitioners of the healing arts, nurse practitioners,practitioners of the behavioral science professions, veterinarians, surgeons,dentists, architects, professional engineers, land surveyors, landscapearchitects, certified interior designers, public accountants, certifiedpublic accountants, attorneys at law, insurance consultants, audiologists orspeech pathologists and clinical nurse specialists. For the purposes of thischapter, the following shall be deemed to be rendering the same professionalservices:
1. Architects, professional engineers, and land surveyors; and
2. Practitioners of the healing arts, licensed under the provisions ofChapter 29 (§ 54.1-2900 et seq.) of Title 54.1, nurse practitioners, licensedunder Chapter 29 (§ 54.1-2900 et seq.) of Title 54.1, optometrists, licensedunder the provisions of Chapter 32 (§ 54.1-3200 et seq.) of Title 54.1,physical therapists, licensed under the provisions of Chapter 34.1 (§54.1-3473 et seq.) of Title 54.1, practitioners of the behavioral scienceprofessions, licensed under the provisions of Chapters 35 (§ 54.1-3500 etseq.), 36 (§ 54.1-3600 et seq.), and 37 (§ 54.1-3700 et seq.) of Title 54.1,and clinical nurse specialists who render mental health services licensedunder Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 and registered with theBoard of Nursing.
B. Persons who practice the healing art of performing professional clinicallaboratory services within a hospital pathology laboratory shall be legallyauthorized to do so for purposes of this chapter if such persons (i) hold adoctorate degree in the biological sciences or a board certification in theclinical laboratory sciences and (ii) are tenured faculty members of anaccredited medical college or university that is an "educationalinstitution" within the meaning of § 23-14.
C. Except as expressly otherwise provided, all terms defined in § 13.1-1002shall have the same meanings for purposes of this chapter.
(1992, c. 574; 1993, c. 113; 1994, c. 349; 1996, c. 265; 1999, c. 83; 2000,cc. 194, 688, 763; 2003, c. 678; 2008, c. 265; 2009, c. 309.)