Section 17.9. Professional names

(a) Sections 8.4(1) and 8.6(1) of The C.P.A. Law (63 P. S. § § 9.8d(1) and 9.8f(1)) provide that the name of an association may not include the terms ‘‘certified public accountant,’’ ‘‘public accountant’’ or an abbreviation thereof and that impersonal or fictitious names, as well as names which indicate a specialty, are prohibited.

(b) In section 1303(c)(2)(iv) of the BCL (relating to corporate name) and in section 5303(c)(2)(v) of the NPCL (relating to corporate name) it is provided that a corporate name may not contain the words ‘‘architect’’ or ‘‘architecture’’ or another word implying a form of the practice of architecture as defined in the Architects Licensure Law (63 P. S. § § 34.1—34.22), unless at least one of the incorporators of a proposed corporation or one of the directors of the existing corporation has been properly registered with the Architects Licensure Board in the practice of architecture and a certificate from the Board to that effect is submitted to the Department. See 54 Pa.C.S. § 311(f)(5) (relating to registration), which restricts the use of the terms in fictitious name registrations.

(c) The State Board of Dentistry restricts the corporate and fictitious names which may be used by a dental facility. See 49 Pa. Code § 33.22 (relating to name of dental facility).

(d) In section 1303(c)(2)(iii) of the BCL, section 5303(c)(2)(iii) of the NPCL and 54 Pa.C.S. § 311(f)(2) it is provided that a name may not contain the words ‘‘engineer’’ or ‘‘engineering’’ or ‘‘surveyor’’ or ‘‘surveying’’ or another word implying a form of the practice of engineering or surveying as defined in the Professional Engineers Registration Law (63 P. S. § § 148—158), unless at least one of the incorporators of a proposed corporation or one of the directors of the existing corporation or one of the parties to the registration has been properly registered with the State Registration Board for Professional Engineers in the practice of engineering or surveying and a certificate from the Board to that effect there is submitted to the Department.

(e) Section 8 of the Pharmacy Act (63 P. S. § 390-8(8)) prohibits the use by a corporation of the names ‘‘pharmacist,’’ ‘‘druggist’’ or ‘‘apothecary’’ unless licensed as a pharmacist in this Commonwealth, or the conduct or transaction of business under a name which contains as part thereof any of the words ‘‘drug store,’’ ‘‘pharmacy,’’ ‘‘drugs,’’ ‘‘medicine store,’’ ‘‘medicines,’’ ‘‘drug shop,’’ ‘‘apothecary,’’ ‘‘pharmaceutical,’’ ‘‘homeopathic,’’ ‘‘homeopathy’’ or a term having a similar meaning unless issued a permit by the State Board of Pharmacy.

(f) Section 8 of the Funeral Director Law (63 P. S. § 479.8(d)) provides that the name of the professional corporation rendering the funeral services shall contain the name or the last name of one or more of the shareholders or the name of a predecessor funeral establishment. A professional corporation may not render funeral services unless at least one of the incorporators of the proposed corporation or one or more licensed funeral directors have been properly licensed by the State Board of Funeral Directors and a certificate from the Board to that effect is submitted to the Department.

The provisions of this § 17.9 adopted June 22, 1973, effective June 23, 1973, 3 Pa.B. 1164; amended January 27, 1984, effective January 28, 1984, 14 Pa.B. 336; amended April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993. Immediately preceding text appears at serial page (87017).

Notation

Cross References

This section cited in 19 Pa. Code § 13.14 (relating to governmental approvals); 19 Pa. Code § 17.3 (relating to use of a confusingly similar name); 19 Pa. Code § 17.41 (relating to foreign association names); 19 Pa. Code § 17.204 (relating to general restrictions on name availability); and 19 Pa. Code § 33.3 (relating to name).