Bill Text: NY S05787 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that neither the unauthorized or unlicensed practice of massage therapy, nor aiding or abetting of unauthorized or unlicensed practice of massage therapy, shall be deemed as the crime of unauthorized practice.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HIGHER EDUCATION [S05787 Detail]

Download: New_York-2023-S05787-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5787

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 16, 2023
                                       ___________

        Introduced by Sens. SALAZAR, BRISPORT, CLEARE, JACKSON, RAMOS, SEPULVEDA
          -- 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 or
          unlicensed practice of massage therapy

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  1  of  section 6512 of the education law, as
     2  amended by chapter 644 of the laws of 1979, is amended and a new  subdi-
     3  vision 3 is added to read as follows:
     4    1. Anyone not authorized to practice under this title who practices or
     5  offers  to  practice  or holds [himself] themselves out as being able to
     6  practice in any profession in which a license is a prerequisite  to  the
     7  practice  of  the  acts,  or  who  practices any profession as an exempt
     8  person  during  the  time  when  [his]  their  professional  license  is
     9  suspended,  revoked  or  annulled,  or  who  aids or abets an unlicensed
    10  person to practice a  profession,  or  who  fraudulently  sells,  files,
    11  furnishes,  obtains, or who attempts fraudulently to sell, file, furnish
    12  or obtain any diploma, license, record or permit purporting to authorize
    13  the practice of a profession, shall be guilty of a class E felony.
    14    3. Neither the unauthorized or unlicensed practice of massage  therapy
    15  under  article  one  hundred fifty-five of this title, nor the aiding or
    16  abetting of unauthorized or unlicensed practice of massage therapy under
    17  article one hundred fifty-five of this title, shall be  a  violation  of
    18  this section.
    19    §  2.  Section  6513  of  the education law is amended by adding a new
    20  subdivision 3 to read as follows:
    21    3. Neither the unauthorized or unlicensed practice of massage  therapy
    22  under  article  one  hundred fifty-five of this title, nor the aiding or
    23  abetting of unauthorized or unlicensed practice of massage therapy under
    24  article one hundred fifty-five of this title, shall be  a  violation  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02290-01-3
        S. 5787                             2

     1  this  section.  Neither the unauthorized or unlicensed use of the titles
     2  "masseur," "masseuse," or  "massage  therapist"  prohibited  in  section
     3  seventy-eight hundred two of this title, nor the description, advertise-
     4  ment,  or  placement  of an advertisement of services defined in section
     5  seventy-eight hundred one of this title where the services are performed
     6  by someone unauthorized or unlicensed to practice such services, prohib-
     7  ited by section seventy-eight hundred two of  this  title,  shall  be  a
     8  violation of this section.
     9    § 3. Subdivision 2 of section 6514 of the education law, as amended by
    10  chapter 257 of the laws of 1996, is amended to read as follows:
    11    2.  The  attorney general shall prosecute such alleged offenses in the
    12  name  of  the  state[,  provided,  however,  in  the  event  of  alleged
    13  violations  of  article one hundred fifty-five of this title, a district
    14  attorney may prosecute such alleged offenses in the name  of  the  state
    15  provided,  however,  that  any  district  attorney  may  prosecute  such
    16  offenses where they are incidental to a criminal prosecution  instituted
    17  by him under other statutes].
    18    §  4.  Section 6515 of the education law, as amended by chapter 615 of
    19  the laws of 2003, is amended to read as follows:
    20    § 6515. Restraint of unlawful acts. Where a violation of this title is
    21  alleged to have occurred, the attorney general[,] or the department [or,
    22  in the event of alleged violations of article one hundred fifty-five  of
    23  this  title  occurring  in  cities having a population of one million or
    24  more, the corporation counsel] may apply to the supreme court within the
    25  judicial district in which such violation is alleged  to  have  occurred
    26  for  an  order enjoining or restraining commission or continuance of the
    27  unlawful acts complained of. The remedy provided in this  section  shall
    28  be in addition to any other remedy provided by law or to the proceedings
    29  commenced against a licensee under this title.
    30    §  5.  Subdivision 3 of section 6516 of the education law, as added by
    31  chapter 615 of the laws of 2003, is amended to read as follows:
    32    3. Civil penalties. Civil penalties up to five thousand dollars may be
    33  imposed for each violation  of  section  sixty-five  hundred  twelve  or
    34  sixty-five  hundred  thirteen  of this article and the respondent may be
    35  ordered to make restitution to any person who has  an  interest  in  any
    36  money  or  property, either real or personal, acquired by the respondent
    37  as a result of a violation. Whenever the department concludes that civil
    38  penalties and/or restitution may be warranted because of the  egregious-
    39  ness  of  the  unlawful activity, it may serve, along with the cease and
    40  desist order, a notice of a  hearing  on  the  allegations  of  unlawful
    41  activity  and the department's intention to order the respondent to make
    42  restitution and/or impose a civil penalty. The notice should specify the
    43  civil penalty sought for each violation.
    44    § 6. This act shall take effect immediately.