BILL NUMBER:  S6884

 TITLE OF BILL :
An act to amend the education law, in relation to professional
misconduct by massage therapists who allow commission of prostitution
offenses


 PURPOSE :
The purpose of this bill is to enhance the ability of law enforcement
and the State Education Department to shut down massage parlors that
are in fact acting as fronts for prostitution activities or
prostitution rings.

 SUMMARY OF PROVISIONS :

Section 1: Adds a new Education Law section 6509-d to add additional
grounds upon which a massage therapist's license may be revoked,
suspended or annulled for those arrested or convicted of prostitution
or working in a business where prostitution activity repeatedly
occurs. Those grounds include:

a) If a massage therapist is convicted of a any crime of prostitution,
then such therapist automatically losses his or her license.

b) When within a 2 year period of time, there has been three arrests
              

or more for any violation of prostitution laws on any premises or
business that the massage therapist operates or in which is his or her
regular place of employment, upon this occurrence, the State Education
Department (SED) shall conduct a healing to consider revoking such
massage therapists license. At this hearing, the therapist can
maintain that they were not involved in any way with the perpetration
of prostitution crimes and should be able to retain their license.

c) When a therapist is arrested for a violation of any prostitution
law, or an arrest occurs at the same premises where such massage
therapist works, then the State Education Department must conduct a
hearing within 3 weeks of such arrest to determine such licensee's
involvement or knowledge of such criminal activity.

d) If there are three convictions related to prostitution at the same
premises that such therapist works or a business that they control,
within a 2 year period of time, then such therapist shall lose their
license. This revocation shall occur whether or not such therapist was
accused or found guilty of prostitution charges.

Upon the arrest or conviction of a Massage Therapist of perpetrating
any prostitution crime or working out of a massage parlor in which
such activities occur, law enforcement shall notify SED of such
events. This is done so that SED can track such events and suspend
licenses of those massage therapists involved in such activities.
Upon revocation of such license, the building owner of such premises
and the District Attorney's Office shall be notified of such
prostitution conviction and license revocation and nuisance
proceedings can be commenced to evict such tenants that are
perpetrating prostitution activities from such building.

 JUSTIFICATION :

The purpose of this bill is to give law enforcement officials the
tools that they require to close down massage parlors that are merely
a cover for prostitution rings. In addition, it gives the State
Education Department (SED) the knowledge of the arrest and conviction
of massage therapists who either have been individually arrested or
convicted of prostitution or work in an environment where others have
been arrested or convicted of prostitution.
Under current law, it is difficult to shut down businesses that are
either operated by massage therapists or non-licensees who operate
massage parlors that operate businesses in which prostitution
activities occur. Unlike restaurants and bars, where the premises is
licensed by the State Liquor Authority, it is difficult to shut down a
massage parlor that is the site of prostitution activity. With a bar,
if illegal activity occurs, the State Liquor Authority can revoke the
license and the restaurant or bar cannot serve alcoholic beverages at
such premises, hence the business fails. With massage therapists, the
person is licensed, not the location, so therefore under current law,
it is more difficult to close down the establishment in which
prostitution is occurring under the cover of being a massage parlor.

Under this bill, if the massage therapist is arrested for
prostitution, an expedited hearing will be held to consider revoking
the license. If the massage therapist is convicted, such license is
automatically revoked. If the illegal activity occurs at the same
place of business, the State Education Department can hold a hearing
to determine if the licensed massage therapist is was involved with
such crimes or had knowledge of such crimes. If the massage therapist
works at a place in which three arrests occur, even if such licensee
is not arrested, then the Education Department may still revoke such
therapists license.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediate.