Bill Text: NY S05113 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2016-05-24 - referred to higher education [S05113 Detail]

Download: New_York-2015-S05113-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5113
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 1, 2015
                                      ___________
       Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
         printed to be committed 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    S  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.
   19    S 3. Subdivision 6 of section 400 of  the  general  business  law,  as
   20  added by chapter 509 of the laws of 1992, is amended to read as follows:
   21    6.  The  practice  of  "esthetics"  means  providing for a fee, or any
   22  consideration or exchange,  whether  direct  or  indirect,  services  to
   23  enhance the appearance of the face, neck, arms, legs, and shoulders of a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10749-01-5
       S. 5113                             2
    1  human  being  by  the  use  of compounds or procedures including makeup,
    2  eyelashes, depilatories, tonics, lotions, waxes, sanding  and  tweezing,
    3  whether  performed  by  manual, mechanical, chemical or electrical means
    4  and instruments but shall not include the practice of electrology OR THE
    5  PRACTICE  OF  MASSAGE THERAPY, AS SUCH TERM IS DEFINED IN SECTION SEVEN-
    6  TY-EIGHT HUNDRED FIVE OF THE EDUCATION LAW.
    7    S 4. This act shall take effect immediately.