SENATE, No. 1917

STATE OF NEW JERSEY

INTRODUCED MARCH 20, 1997

By Senator LYNCH

An Act providing for the incorporation of pharmacists and amending P.L.1969, c.232.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 3 of P.L.1969, c.232 (C.14A:17-3) is amended to read as follows:

    3. Terms defined. As used in this act, the following words shall have the meanings indicated:

    (1) "Professional service" shall mean any type of personal service to the public which requires as a condition precedent to the rendering of such service the obtaining of a license or other legal authorization and which prior to the passage of this act and by reason of law could not be performed by a corporation. By way of example and without limiting the generality thereof, the personal services which come within the provisions of this act are the personal services rendered by certified public accountants, architects, optometrists, professional engineers, land surveyors, land planners, chiropractors, physical therapists, registered professional nurses, pharmacists, dentists, osteopaths, physicians and surgeons, doctors of medicine, doctors of dentistry, podiatrists, chiropodists, veterinarians and, subject to the Rules of the Supreme Court, attorneys-at-law;

    (2) "Professional corporation" means a corporation which is organized under this act for the sole and specific purpose of rendering the same or closely allied professional service as its shareholders, each of whom must be licensed or otherwise legally authorized within this State to render such professional service;

    (3) "Closely allied professional service" means and is limited to the practice of (a) architecture, professional engineering, land surveying and land planning and (b) any branch of medicine and surgery, optometry, physical therapy, registered professional nursing, pharmacy, and dentistry;

    (4) "Domestic professional legal corporation" means a professional corporation incorporated under P.L.1969, c.232 (C.14A:17-1 et seq.) for the sole purpose of rendering legal services of the type provided by attorneys-at-law;

    (5) "Foreign professional legal corporation" means a corporation incorporated under the laws of another state for the purpose of rendering legal services of the type provided by attorneys-at-law.

(cf: P.L.1995, c.375, s.1)

    2. This act shall take effect immediately.

STATEMENT

    This bill amends "The Professional Service Corporation Act," P.L.1969, c.232 (C.14A:17-1 et seq.), to allow pharmacists to incorporate with doctors, surgeons, optometrists, physical therapists, registered professional nurses, and dentists in a professional corporation under that act. Currently, pharmacists may incorporate under the provisions of that act; however, if a pharmacist wants to organize to practice with a doctor, surgeon, optometrist, physical therapist, registered professional nurse or dentist, the group cannot form a professional corporation for that purpose but would, instead, have to form a partnership. This bill, therefore, permits pharmacists to incorporate with these various other health care professionals.

Permits pharmacists to incorporate with other health care professionals under "The Professional Service Corporation Act."