2006 Code of Virginia § 13.1-1102 - Definitions

13.1-1102. Definitions.

A. As used in this chapter:

"Professional business entity" means (i) a professional limited liabilitycompany, (ii) a professional corporation within the meaning of 13.1-543 A,or (iii) a partnership (including a professional registered limited liabilitypartnership registered under 54.1-3902) each of the partners of which isduly licensed or otherwise legally authorized to render the same professionalservices as those for which 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 or land surveyors, or using atitle other than that of certified landscape architects or certified interiordesigners and, except as expressly otherwise permitted by this chapter, thathas as its members only persons or professional business entities thatthemselves are duly licensed or otherwise legally authorized to render thesame professional service as the professional limited liability company andof which members at least one is duly licensed or otherwise legallyauthorized to render such professional service within the Commonwealth; or(ii) organized under this chapter for the sole and specific purpose ofrendering professional service of architects, professional engineers or landsurveyors, or using the title of certified landscape architects or certifiedinterior designers, or any combination thereof, and at least two-thirds ofwhose membership interests are held by persons duly licensed within theCommonwealth to perform the services of an architect, professional engineeror land surveyor, or by persons legally authorized within the Commonwealth touse the title of certified landscape architect or certified interiordesigner; or (iii) organized under this chapter for the sole and specificpurpose of rendering the professional services of one or more practitionersof the healing arts, licensed under the provisions of Chapter 29 ( 54.1-2900et seq.) of Title 54.1, or one or more nurse practitioners, licensed underChapter 29 ( 54.1-2900 et seq.) of Title 54.1, or one or more optometristslicensed under the provisions of Chapter 32 ( 54.1-3200 et seq.) of Title54.1, or one or more physical therapists and physical therapist assistantslicensed under the provisions of Chapter 34.1 ( 54.1-3473 et seq.) of Title54.1, or one or more practitioners of the behavioral 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 morepractitioners of audiology or speech pathology, licensed under the provisionsof Chapter 26 ( 54.1-2600 et seq.) of Title 54.1, or one or more clinicalnurse specialists who render mental health services licensed under Chapter 30( 54.1-3000 et seq.) of Title 54.1 and registered with the Board of Nursing,or any combination of practitioners of the healing arts, of optometry,physical therapy, the behavioral science professions, and audiology or speechpathology and all of whose members are persons or professional businessentities duly licensed or otherwise legally authorized to perform theservices of a practitioner of the healing arts, nurse practitioners,optometry, physical therapy, the behavioral science professions, audiology orspeech pathology or of a clinical nurse specialist who renders mental healthservices; however, nothing herein shall be construed so as to allow anymember of the healing arts, optometry, physical therapy, the behavioralscience professions, audiology or speech pathology or a nurse practitioner orclinical nurse specialist to conduct that person's practice in a mannercontrary to the standards of ethics of that person's branch of the healingarts, optometry, physical therapy, the behavioral science professions, oraudiology or speech pathology, or nursing as 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, certifiedlandscape architects, certified interior designers, public accountants,certified public accountants, attorneys at law, insurance consultants,audiologists or speech pathologists and clinical nurse specialists. For thepurposes of this chapter, the following shall be deemed to be rendering thesame professional services:

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.)