Bill Text: NY S08548 | 2023-2024 | General Assembly | Amended
Bill Title: Establishes the process for a massage therapy establishment to be duly licensed; provides for the application process; sets standards for massage therapy establishments; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-16 - PRINT NUMBER 8548A [S08548 Detail]
Download: New_York-2023-S08548-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8548--A IN SENATE February 13, 2024 ___________ Introduced by Sen. ADDABBO -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to providing for licensure of a massage therapy establishment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new article 2 30-C to read as follows: 3 ARTICLE 30-C 4 MASSAGE THERAPY ESTABLISHMENT LICENSE 5 Section 646. Legislative purpose. 6 646-a. Mandatory massage therapy establishment licensure. 7 646-b. Exemptions. 8 646-c. Locations where massage therapy is prohibited. 9 646-d. Application for establishment license. 10 646-e. Required display of licenses. 11 646-f. Establishment standards. 12 646-g. Inspections. 13 § 646. Legislative purpose. The purpose of this article is to estab- 14 lish the requirements of an establishment license for a business that 15 offers massage therapy services including bodywork, reflexology, polari- 16 ty therapy and all modalities in the scope of practice provided by 17 hands, vibrators or any computer or machine that provides the service in 18 the name of massage therapy. The massage therapy establishment license 19 is to ensure the health, safety, and welfare of the public, the estab- 20 lishment's employees, the proper professional growth and development of 21 the massage therapy profession and serve to deter human trafficking, 22 unlicensed providers and other illegal activity. 23 § 646-a. Mandatory massage therapy establishment licensure. 1. Each 24 massage therapy establishment in the state shall be licensed by the 25 state board for massage therapy before providing or offering to provide EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14453-03-4S. 8548--A 2 1 massage therapy, and shall annually renew its license using an applica- 2 tion provided by the state board for massage therapy. 3 2. A massage therapy establishment license shall be renewed annually 4 and such renewal shall be the responsibility of the owner or operator of 5 the massage therapy establishment. 6 3. Massage therapy, including the provision of out-of-office massage 7 therapy services, shall only be administered or offered at any location, 8 or portion thereof, covered by a valid massage therapy establishment 9 license issued by the state board for massage therapy or otherwise 10 exempted from establishment licensure under section six hundred forty- 11 six-b of this article. A massage therapy provider shall be licensed with 12 current registration in good standing and permitted to administer 13 massage therapy care pursuant to article one hundred fifty-five of the 14 education law. 15 4. With regard to the number of licenses required for two or more 16 establishments at the same address, each massage therapy establishment 17 shall require a separate license. The state board for massage therapy 18 shall determine whether establishments offering massage therapy services 19 at the same address constitute one or more massage therapy establish- 20 ments. 21 § 646-b. Exemptions. A massage therapy establishment license shall 22 not be required for the following: 23 1. any facility owned by a New York state licensed healthcare profes- 24 sional with a registration in good standing; 25 2. state board for massage therapy approved continuing education 26 programs and student clinics operated by massage therapy programs 27 licensed and accredited by the department of education; and 28 3. locations at which chair massages by a licensed massage therapist 29 are exclusively provided. 30 § 646-c. Locations where massage therapy is prohibited. Massage ther- 31 apy shall not be delivered in the following locations: 32 1. adult entertainment venues offering sexual services of any kind; 33 2. bars or nightclubs; 34 3. on the streets or sidewalks, with an exception for public or chari- 35 table events which have a primary purpose not related to massage thera- 36 py; and 37 4. at salons where appearance enhancement of nails and hair removal 38 makes up seventy-five percent or more of business activity. 39 § 646-d. Application for establishment license. 1. Application for a 40 massage therapy establishment license may be made by a sole proprietor- 41 ship, partnership, corporation, limited liability company, or limited 42 liability partnership. A massage therapy establishment may be owned by 43 an individual who is not a New York state licensed massage therapist 44 pursuant to article one hundred fifty-five of the education law or other 45 New York state healthcare practitioner. 46 2. An application for a massage therapy establishment license shall 47 be: 48 (a) submitted to the state board for massage therapy; 49 (b) signed under the pains and penalties of perjury by the applicant 50 or a person authorized to act on behalf of the applicant; 51 (c) accompanied by information concerning ownership and control that 52 identifies if the property where the establishment is being proposed is 53 owned by an individual, partnership or trust, and the name or names of 54 the owners and percentages of ownership of such individual, partners or 55 trustees; andS. 8548--A 3 1 (d) accompanied by any other information deemed necessary by the 2 board. 3 3. A change in massage therapy establishment ownership shall require 4 application for and receipt of a new massage therapy establishment 5 license. A change in massage therapy establishment ownership shall occur 6 on the date that there is a transfer of a controlling interest in a 7 massage therapy establishment. When a change in ownership occurs, the 8 massage therapy establishment license shall expire, and the new owner 9 shall apply for a new license within thirty days from such expiration. 10 4. (a) An establishment license shall be valid only for the location 11 stated on the license and shall not be transferable or assignable. 12 (b) The state board for massage therapy shall be notified in writing 13 at least thirty days prior to a change in location of a massage therapy 14 establishment. 15 (c) The license for the previous location shall be canceled and shall 16 be invalid as of the date of relocation. 17 (d) The massage therapy compliance officer or establishment owner 18 shall file a new application for a massage therapy establishment license 19 that is subject to the state board for massage therapy's approval. 20 (e) The massage therapy establishment shall not operate at the new 21 location until the state board for massage therapy has approved a 22 massage therapy establishment license for the new location. 23 § 646-e. Required display of licenses. 1. (a) Current true copies of 24 the following shall be conspicuously displayed for the benefit of the 25 public at each massage therapy establishment: 26 (i) the massage therapy establishment's license; 27 (ii) the current registration of each massage therapist licensed by 28 the state board for massage therapy who provides massage therapy 29 services at the massage therapy establishment; and 30 (iii) the most recent inspection report completed by the state board 31 for massage therapy, or its agents. 32 (b) A licensee may redact such licensee's residential address from the 33 posted massage therapy establishment license. 34 § 646-f. Establishment standards. 1. The state board for massage 35 therapy may establish rules and regulations for application, denial, 36 renewal, reinstatement, inspections, disciplinary action, revocations 37 and standards for practice as such board deems appropriate for the 38 lawful and safe operation of massage therapy establishments. 39 2. The state board for massage therapy may vary the application of any 40 provision of such rules and regulations with respect to any particular 41 case when, in such board's opinion, the enforcement thereof would create 42 a manifest injustice, including practitioners who do not administer 43 massage therapy at a specific location. Any variance granted by the 44 state board for massage therapy shall be in writing. 45 3. An approved massage therapy establishment license may be subject to 46 such qualification, revocation, suspension, or expiration as the state 47 board for massage therapy expresses in its application approval. A vari- 48 ance or other modification authorized to be made may otherwise be 49 revoked, modified, or suspended, in whole or in part, only after the 50 holder thereof has been notified in writing and has been given an oppor- 51 tunity to be heard. 52 4. Each massage therapist establishment shall designate a licensed 53 massage therapist in good standing to be the compliance officer, and who 54 shall be responsible for the massage therapy establishment's compliance 55 with this article, any other laws of the state of New York, and federal 56 law. Such compliance officer shall be a full time employee who works onS. 8548--A 4 1 the premises of the massage therapy establishment. The compliance offi- 2 cer shall have a compliance plan available for inspection. 3 § 646-g. Inspections. The state board for massage therapy or its agent 4 may inspect any massage therapy establishment at any time during regular 5 business hours, and without prior notice, for the purpose of verifying 6 that such massage therapy establishment, and its agents or employees are 7 in compliance with all applicable requirements of all federal, state and 8 local laws or regulations. 9 § 2. This act shall take effect on the ninetieth day after it shall 10 have become a law. Effective immediately, the addition, amendment and/or 11 repeal of any rule or regulation necessary for the implementation of 12 this act on its effective date are authorized to be made and completed 13 on or before such effective date.
