Bill Text: NY A09337 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that the commission of prostitution offense by any person upon premises at which a massage therapist regularly engages in his or her profession, or the commission of any such offense by a massage therapist constitutes professional misconduct; provides that upon 3 or more convictions of such offenses upon such premises, or any conviction of a massage therapist of any such offense, the massage therapist's license shall be revoked.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-02-16 - referred to higher education [A09337 Detail]

Download: New_York-2011-A09337-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9337
                                 I N  A S S E M B L Y
                                   February 16, 2012
                                      ___________
       Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
         tee on Higher Education
       AN  ACT  to amend the education law, in relation to professional miscon-
         duct by  massage  therapists  who  allow  commission  of  prostitution
         offenses
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 6509-d
    2  to read as follows:
    3    S 6509-D. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT;  PROSTITU-
    4  TION  MASSAGE  THERAPY. 1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF
    5  THIS ARTICLE OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE  LICENSE
    6  OF  A PERSON TO PRACTICE MASSAGE THERAPY PURSUANT TO ARTICLE ONE HUNDRED
    7  FIFTY-FIVE OF THIS TITLE MAY BE REVOKED, SUSPENDED OR ANNULLED, OR  SUCH
    8  PERSON  MAY  BE  SUBJECT  TO  ANY  OTHER  PENALTY  PROVIDED  IN  SECTION
    9  SIXTY-FIVE HUNDRED  ELEVEN  OF  THIS  ARTICLE  IN  ACCORDANCE  WITH  THE
   10  PROVISIONS AND PROCEDURES OF THIS ARTICLE, WHEN, (A) WITHIN ANY TWO YEAR
   11  PERIOD, THERE HAVE BEEN THREE OR MORE ARRESTS FOR ANY VIOLATION OF ARTI-
   12  CLE TWO HUNDRED THIRTY (PROSTITUTION) OF THE PENAL LAW UPON ANY PREMISES
   13  AT  WHICH  THE LICENSEE REGULARLY ENGAGES IN THE PRACTICE OF THE PROFES-
   14  SION OF MASSAGE THERAPY; OR  (B)  SUCH  LICENSEE  IS  ARRESTED  FOR  ANY
   15  VIOLATION OF ARTICLE TWO HUNDRED THIRTY (PROSTITUTION) OF THE PENAL LAW.
   16    2. WHEN AN ARREST FOR A VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE
   17  PENAL  LAW HAS TAKEN PLACE UPON THE PREMISES AT WHICH THE LICENSEE REGU-
   18  LARLY ENGAGES IN THE PRACTICE OF THE PROFESSION OF MASSAGE  THERAPY,  OR
   19  UPON  THE  ARREST  OF  A LICENSEE FOR A VIOLATION OF SUCH, THE ARRESTING
   20  AGENCY SHALL NOTIFY THE DEPARTMENT, IN WRITING WITHIN ONE  WEEK  OF  THE
   21  ARREST AND SET FORTH THEREIN THE NAME OF THE PERSON LICENSED PURSUANT TO
   22  ARTICLE  ONE  HUNDRED FIFTY-FIVE OF THIS TITLE AND THE CIRCUMSTANCES AND
   23  ARRESTEES OF SUCH OFFENSE. WITHIN TWO WEEKS OF THE RECEIPT OF  ANY  SUCH
   24  NOTICE,  THE  DEPARTMENT  SHALL  CAUSE  A HEARING TO BE HELD PURSUANT TO
   25  SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE UPON THE  FACTS  OF  SUCH
   26  ARREST  AND  THE  LICENSEE'S  INVOLVEMENT  OR  KNOWLEDGE OF THE CRIMINAL
   27  ACTIVITY.  UPON RECEIPT AND REVIEW OF ANY NOTICE PURSUANT TO THIS SUBDI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05012-01-1
       A. 9337                             2
    1  VISION THE DEPARTMENT SHALL PROVIDE NOTICE TO  THE  APPROPRIATE  PARTIES
    2  THAT SUCH PREMISES ARE A NUISANCE PURSUANT TO TITLE TWO OF ARTICLE TWEN-
    3  TY-THREE  OF THE PUBLIC HEALTH LAW, ARTICLE TEN OF THE MULTIPLE DWELLING
    4  LAW,  SECTION  SEVEN  HUNDRED  FIFTEEN  OF THE REAL PROPERTY ACTIONS AND
    5  PROCEEDINGS LAW, AND/OR PARAGRAPH THREE OF SUBDIVISION B OF SECTION  TWO
    6  HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW.
    7    3.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF THIS ARTICLE OR ANY
    8  OTHER PROVISION OF LAW TO THE CONTRARY, THE LICENSE OF A PERSON TO PRAC-
    9  TICE MASSAGE THERAPY PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FIVE OF  THIS
   10  TITLE  SHALL BE REVOKED BY THE BOARD OF REGENTS WHEN, (A) WITHIN ANY TWO
   11  YEAR PERIOD, THERE HAVE BEEN  THREE  OR  MORE  CONVICTIONS  OF  OFFENSES
   12  DEFINED  IN  ARTICLE  TWO HUNDRED THIRTY OF THE PENAL LAW ARISING OUT OF
   13  THREE OR MORE SEPARATE OCCASIONS WHICH WERE COMMITTED UPON  PREMISES  AT
   14  WHICH  THE  LICENSEE REGULARLY ENGAGES IN THE PRACTICE OF THE PROFESSION
   15  OF MASSAGE THERAPY; OR (B)  THE  LICENSEE  HAS  BEEN  CONVICTED  OF  ANY
   16  OFFENSE  DEFINED  IN  ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW.  UPON
   17  SUCH A REVOCATION THE DEPARTMENT SHALL PROVIDE NOTICE TO THE APPROPRIATE
   18  PARTIES THAT SUCH PREMISES ARE A NUISANCE PURSUANT TO TITLE TWO OF ARTI-
   19  CLE TWENTY-THREE OF THE PUBLIC HEALTH LAW, ARTICLE TEN OF  THE  MULTIPLE
   20  DWELLING LAW, SECTION SEVEN HUNDRED FIFTEEN OF THE REAL PROPERTY ACTIONS
   21  AND  PROCEEDINGS LAW, AND/OR PARAGRAPH THREE OF SUBDIVISION B OF SECTION
   22  TWO HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW.
   23    S 2. This act shall take effect immediately and shall apply to  crimi-
   24  nal offenses committed on or after such date.