Bill Text: NY S03714 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the unauthorized practice of a profession, the unauthorized use of a professional title and the practice of esthetics.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S03714 Detail]

Download: New_York-2019-S03714-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
            S. 3714                                                  A. 5507
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    February 13, 2019
                                       ___________
        IN  SENATE -- Introduced by Sens. LAVALLE, ADDABBO, AKSHAR -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Higher Education
        IN ASSEMBLY -- Introduced by M. of A. THIELE, LUPARDO -- read  once  and
          referred to the Committee on Higher Education
        AN ACT to amend the education law, in relation to the unauthorized prac-
          tice of a profession and the unauthorized use of a professional title;
          and  to amend the general business law, in relation to the practice of
          esthetics
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  2  of  section 6512 of the education law, as
     2  added by chapter 689 of the laws of 1976, is amended to read as follows:
     3    2. Anyone who knowingly aids or abets [three] one or  more  unlicensed
     4  persons  to  practice  a  profession or employs or holds such unlicensed
     5  persons out as being able to practice  in  any  profession  in  which  a
     6  license  is a prerequisite to the practice of the acts, or who knowingly
     7  aids or abets [three] one or more persons to practice any profession  as
     8  exempt  persons  during  the time when the professional licenses of such
     9  persons are suspended, revoked or annulled, shall be guilty of a class E
    10  felony.
    11    § 2. Subdivision 2 of section 6513 of the education law, as  added  by
    12  chapter 687 of the laws of 1976, is amended to read as follows:
    13    2.  Anyone who knowingly aids or abets [three] one or more persons not
    14  authorized to use a professional title regulated by this title,  to  use
    15  such  professional  title,  or  knowingly  employs  [three]  one or more
    16  persons not authorized to use a professional  title  regulated  by  this
    17  title, who use such professional title in the course of such employment,
    18  shall be guilty of a class E felony.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03214-01-9
        S. 3714                             2                            A. 5507
     1    §  3.  Subdivision  6  of  section 400 of the general business law, as
     2  added by chapter 509 of the laws of 1992, is amended to read as follows:
     3    6.  The  practice  of  "esthetics"  means  providing for a fee, or any
     4  consideration or exchange,  whether  direct  or  indirect,  services  to
     5  enhance the appearance of the face, neck, arms, legs, and shoulders of a
     6  human  being  by  the  use  of compounds or procedures including makeup,
     7  eyelashes, depilatories, tonics, lotions, waxes, sanding  and  tweezing,
     8  whether  performed  by  manual, mechanical, chemical or electrical means
     9  and instruments but shall not include the practice of electrology or the
    10  practice of massage therapy, as such term is defined in  section  seven-
    11  ty-eight hundred one of the education law.
    12    § 4. This act shall take effect immediately.