Counselors: G.L. c.156C, s.6(a) lets an LLC carry on any lawful profession, and s.6(c) requires an LLC organized to render a professional service, as defined in G.L. c.156A, s.2, to name the service in its certificate of organization, follow any conditions set by the regulating board (including the liability insurance required by c.156C, s.65), and attach a regulating board certificate covering its members and managers; 950 CMR 112.02 and 112.11(d) use the same definition and certificate rule. G.L. c.156A, s.2(b)(i) does not name mental health counselors, so mental health counseling is a professional service only if it is a service that may be rendered only pursuant to a license (s.2(b)(ii)). G.L. c.112, s.164 bars anyone who is not licensed or exempt from engaging in practice as a licensed mental health professional, but it also allows individuals not eligible for licensure to practice as counselors or therapists if they do not hold themselves out as licensed, so whether mental health counseling is a professional service is not settled. The Professional Limited Liability Company Certificate of Organization, filed with a regulating board certificate, satisfies c.156C, s.6(c) if it applies, so the professional LLC is marked yes. An ordinary LLC filed without the board certificate is marked check, because it is enough only if the service is not a professional service. A professional corporation under c.156A is marked check, because c.156A, s.2(b)(ii) reaches only services that may be rendered only under a license. The Board of Registration of Allied Mental Health and Human Services Professions or the Corporations Division can answer both questions. G.L. c.112, ss.163-172 and 262 CMR contain no entity rule. A professional corporation name must end with Professional Corporation, Corporation, Incorporated, P.C., Corp. or Inc. (c.156A, s.8).
Marriage and family therapists: G.L. c.156C, s.6(a) lets an LLC carry on any lawful profession, and s.6(c) requires an LLC organized to render a professional service, as defined in G.L. c.156A, s.2, to name the service in its certificate of organization, follow any conditions set by the regulating board (including the liability insurance required by c.156C, s.65), and attach a regulating board certificate covering its members and managers; 950 CMR 112.02 and 112.11(d) use the same definition and certificate rule. G.L. c.156A, s.2(b)(i) does not name marriage and family therapists, so marriage and family therapy is a professional service only if it is a service that may be rendered only pursuant to a license (s.2(b)(ii)). G.L. c.112, s.164 bars anyone who is not licensed or exempt from engaging in practice as a licensed mental health professional, but it also allows individuals not eligible for licensure to practice as counselors or therapists if they do not hold themselves out as licensed, so whether marriage and family therapy is a professional service is not settled. The Professional Limited Liability Company Certificate of Organization, filed with a regulating board certificate, satisfies c.156C, s.6(c) if it applies, so the professional LLC is marked yes. An ordinary LLC filed without the board certificate is marked check, because it is enough only if the service is not a professional service. A professional corporation under c.156A is marked check, because c.156A, s.2(b)(ii) reaches only services that may be rendered only under a license. The Board of Registration of Allied Mental Health and Human Services Professions or the Corporations Division can answer both questions. G.L. c.112, ss.163-172 and 262 CMR contain no entity rule. A professional corporation name must end with Professional Corporation, Corporation, Incorporated, P.C., Corp. or Inc. (c.156A, s.8).
Social workers: G.L. c.156C, s.6(c) requires an LLC organized to render a professional service to name the service in its certificate of organization, follow any conditions set by the regulating board (including the liability insurance required by c.156C, s.65), and attach a regulating board certificate covering its members and managers. The Secretary of the Commonwealth's rule 950 CMR 112.02 defines professional service to include any service that may be rendered only under a Massachusetts license, and 950 CMR 112.11(d) requires the board certificate with the certificate of organization. G.L. c.112, s.133 bars anyone from practicing social work, or the independent practice of clinical social work, without a license, so a social work practice LLC is filed as a professional LLC (Professional Limited Liability Company Certificate of Organization) and an ordinary LLC is marked no. A professional corporation is also available: G.L. c.156A, s.2(b)(ii) covers other licensed services when the licensee elects to incorporate and neither law nor the board's regulations prohibit it, and G.L. c.112, ss.130-137 and 258 CMR contain no such prohibition. The corporate name must end with Professional Corporation, Corporation, Incorporated, P.C., Corp. or Inc. (c.156A, s.8).
Psychologists: G.L. c.156C, s.6(c) requires an LLC organized to render a professional service to name the service in its certificate of organization, follow any conditions set by the regulating board (including the liability insurance required by c.156C, s.65), and attach a regulating board certificate covering its members and managers. The Secretary of the Commonwealth's rule 950 CMR 112.02 defines professional service to include any service that may be rendered only under a Massachusetts license, and 950 CMR 112.11(d) requires the board certificate with the certificate of organization. G.L. c.156A, s.2(b)(i) names psychologists licensed under c.112, so a psychology practice LLC is filed as a professional LLC (Professional Limited Liability Company Certificate of Organization) and an ordinary LLC is marked no. A professional corporation under G.L. c.156A is also available; its name must end with Professional Corporation, Corporation, Incorporated, P.C., Corp. or Inc. (c.156A, s.8). G.L. c.112, ss.118-129A and 251 CMR contain no entity prohibition.