Senate Bill S6072B

2011-2012 Legislative Session

Relates to the unlicensed practice of massage therapy and authorizes municipalities to permit massage therapy at street fairs

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2012	print number 6072b
May 24, 2012	amend and recommit to higher education
Feb 09, 2012	print number 6072a
Feb 09, 2012	amend and recommit to higher education
Jan 04, 2012	referred to higher education

Bill Amendments

co-Sponsors

2011-S6072 - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6512, 6513 & 7802 & 7804, Ed L; add §86-b, Gen Muni L
Versions Introduced in 2013-2014 Legislative Session:: S3401

2011-S6072 - Summary

Relates to the unlicensed practice of massage therapy and authorizes municipalities to permit massage therapy at street fairs and public parks.

2011-S6072 - Sponsor Memo

                                BILL NUMBER:S6072

TITLE OF BILL:

An act
to amend the education law and the general municipal law, in relation to
the practice of massage therapy

PURPOSE:

To enforce greater penalization toward unlicensed individuals who
practice such profession when not authorized; to hold those further
accountable for the abatement or employment of such unlicensed
individuals; to expand the definition of the practice of the
profession of massage therapy to include massage therapy modalities
that have been over-sighted and neglected in its original defined
definition; and to create and authorize permits for the practice of
licensed therapeutic services in parks and at street fairs.

SUMMARY OF PROVISIONS:

Section 1: Section 6512, subdivision 2, of the education law is
amended to hold an entity responsible for the abatement or employment
of one or more unlicensed persons who conduct the services of an
authorized profession, and subject them to a class E felony.

Section 2: Section 6513, subdivision 2, of the education law is
amended to hold an entity responsible for the employment or abatement
of one or more persons not authorized to use a professional title
regulated by this title, and subject them to a class E felony.

Section 3: Section 7801 of the education law is amended to redefine
the scope of services and practices performed by licensed and
certified massage therapists.

Section 4: Section 7802 of the education law is amended to justify
only certified and licensed massage therapists are legally authorized
to perform such services as defined by the profession, otherwise
those who are not authorized and practice such profession are
subjected to a class E felony. Additionally, such person, firm,
partnership or corporation advertising such services
shall hire a person licensed or authorized, otherwise the contract of
a non-licensed individual shall lead to a class E felony and
subjection of an immediate audit by the New York State Department of
Taxation and Finance and by the local taxing authority.

Section 5: Section 86-b is added to the general municipal law to
authorize street fair and public park massage therapy permits for
those certified and licensed in the profession of massage therapy. An
organization that allows, permits, leases or rents space at a street
fair or public park is to be held responsible for ensuring that any
vendor proposing to perform any massage therapy services can provide
a valid and insured proof of license prior to the event and present
such proof on the day of the event. An organization found in
violation of such requirements is subjected to an audit by the New
York State Department of Taxation and Finance and the local taxing


authority. Fines and penalties will be determined by the municipal
corporation that authorizes such street fair and public park massage
therapy.

Section 6: Defines effective date of bill.

JUSTIFICATION:

There is an immediate risk to one's health when massage therapeutic
services are performed by an unlicensed individual. The scientific
system of activity of the muscular structure of the human body
requires the application of certifiable and licensed therapeutic
techniques when kneeding, tapping and vibrating from the hands seeks
to improve muscle tone and circulation.
When these services are performed by an unlicensed individual, cramps
and other inflicted pain on one's muscles can adversely impact the
circulation in one's body. Because this is a problematic issue,
greater restrictions and enforcement is needed throughout the State
to hold those criminally accountable who are not authorized,
certified or licensed to perform such services on other people.
Greater enforcement and regulation of the massage therapy profession
will keep the health of the public a priority.

The additional authorization for licensed and certified massage
therapists to perform therapeutic services in parks and street fairs
with a permit will provide for the generation of revenues and greater
awareness of the potential benefits one experiences by receiving
professional massage therapeutic services. Additionally, enactment of
this bill ensures the massage therapy profession is no longer
tarnished by those individuals not authorized and licensed.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None; however, revenues are to be generated through permit fees for
authorized practice in parks and at street fairs.

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
becomes a law.

2011-S6072 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6072

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law and  the  general  municipal  law,  in
  relation to the practice of massage therapy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 6512  of  the  education  law,  as
added by chapter 689 of the laws of 1976, is amended to read as follows:
  2.  Anyone  who knowingly aids or abets [three] ONE or more unlicensed
persons to practice a profession or employs  or  holds  such  unlicensed
persons  out  as  being  able  to  practice in any profession in which a
license is a prerequisite to the practice of the acts, or who  knowingly
aids  or abets [three] ONE or more persons to practice any profession as
exempt persons during the time when the professional  licenses  of  such
persons are suspended, revoked or annulled, shall be guilty of a class E
felony.
  S  2.  Subdivision 2 of section 6513 of the education law, as added by
chapter 687 of the laws of 1976, is amended to read as follows:
  2. Anyone who knowingly aids or abets [three] ONE or more persons  not
authorized  to  use a professional title regulated by this title, to use
such professional title,  or  knowingly  employs  [three]  ONE  or  more
persons  not  authorized  to  use a professional title regulated by this
title, who use such professional title in the course of such employment,
shall be guilty of a class E felony.
  S 3. Section 7801 of the education law, as amended by chapter  230  of
the laws of 1997, is amended to read as follows:
  S 7801. Definition of practice of massage therapy. The practice of the
profession  of  massage  therapy  is  defined  as engaging in applying a
scientific system of activity OR MANIPULATION to the muscular structure,
INCLUDING, BUT NOT LIMITED TO THE FASCIA, TISSUE OR ENERGY SYSTEM of the
human body by means of stroking, kneading, tapping  and  vibrating  with
the  hands  or  vibrators  for  the purpose of improving muscle tone and
circulation.  THE PRACTICE OF THE PROFESSION OF  MASSAGE  THERAPY  SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13637-02-1

S. 6072                             2

ALSO  INCLUDE  MASSAGE THERAPY MODALITIES, SYSTEMS OR OTHER METHODS THAT
INCLUDE, BUT ARE NOT LIMITED TO BODY WORK, BODY  RUB,  FOOT  WORK,  FOOT
MASSAGE, FOOT RUB, NECK RUB, NECK MASSAGE, SWEDISH, DEEP TISSUE, TUI NA,
SHIATSU,  REFLEXOLOGY,  MYOFASCIAL  RELEASE,  MANUAL LYMPHATIC DRAINAGE,
SPORTS MASSAGE, CRANIAL SACRAL THERAPY AND POLARITY THERAPY.
  S 4. Section 7802 of the education law, as amended by chapter  230  of
the laws of 1997, is amended to read as follows:
  S  7802.  Practice  of  massage  therapy  and  use of title "masseur",
"masseuse" or "massage therapist" or  the  term  "massage"  or  "massage
therapy". 1. Only a person licensed or authorized pursuant to this chap-
ter shall practice massage therapy and only a person licensed under this
article  shall  use  the  title "masseur", "masseuse" or "massage thera-
pist".  ANY PERSON WHO IS CERTIFIED, BUT NOT LICENSED PURSUANT  TO  THIS
CHAPTER  TO PRACTICE MASSAGE THERAPY SHALL NOT BE AUTHORIZED TO PRACTICE
MASSAGE THERAPY NOR USE THE  TITLE  "MASSEUR",  "MASSEUSE"  OR  "MASSAGE
THERAPIST". ANY PERSON PERFORMING THE SERVICES DEFINED IN SECTION SEVEN-
TY-EIGHT  HUNDRED ONE OF THIS ARTICLE WITHOUT A LICENSE PURSUANT TO THIS
ARTICLE SHALL BE GUILTY OF A CLASS E FELONY,  REGARDLESS  OF  WHAT  SUCH
SERVICES ARE BEING CALLED.
  2.  (A)  No  person,  firm,  partnership or corporation claiming to be
engaged in the practice of massage  or  massage  therapy  shall  in  any
manner  describe,  advertise, or place any advertisement for services as
defined in section seventy-eight hundred one of this article unless such
services are performed by a person licensed or  authorized  pursuant  to
this chapter.
  (B)  SUCH  A  PERSON,  FIRM,  PARTNERSHIP  OR  CORPORATION ADVERTISING
SERVICES DEFINED IN SECTION SEVENTY-EIGHT HUNDRED ONE  OF  THIS  ARTICLE
SHALL  HIRE  A PERSON LICENSED OR AUTHORIZED UNDER THIS ARTICLE TO PRAC-
TICE MASSAGE THERAPY.
  3. (A) ANY PERSON, FIRM, PARTNERSHIP  OR  CORPORATION  THAT  HIRES  OR
CONTRACTS  A  NON-LICENSED INDIVIDUAL TO PROVIDE ANY SERVICES DEFINED IN
SECTION SEVENTY-EIGHT HUNDRED ONE OF THIS ARTICLE SHALL BE GUILTY  OF  A
CLASS  E  FELONY  AND  SHALL BE SUBJECT TO AN IMMEDIATE AUDIT BY THE NEW
YORK STATE DEPARTMENT OF TAXATION AND FINANCE AND BY  THE  LOCAL  TAXING
AUTHORITY.
  (B)  ANYONE WHO KNOWINGLY AIDS OR ABETS ONE OR MORE UNLICENSED PERSONS
TO PRACTICE MASSAGE THERAPY OR HOLDS  SUCH  UNLICENSED  PERSONS  OUT  AS
BEING  ABLE  TO PRACTICE MASSAGE THERAPY, OR WHO KNOWINGLY AIDS OR ABETS
ONE OR MORE PERSONS TO PRACTICE MASSAGE THERAPY AS EXEMPT PERSONS DURING
THE TIME WHEN THE LICENSES OF SUCH PERSONS  ARE  SUSPENDED,  REVOKED  OR
ANNULLED, SHALL BE GUILTY OF A CLASS E FELONY.
  4.  ENFORCEMENT  OF  THIS SECTION SHALL BE UNDERTAKEN BY THE LOCAL LAW
ENFORCEMENT AUTHORITY, THE  DEPARTMENT  OF  HEALTH,  BUILDING  AND  CODE
ENFORCEMENT AGENCIES, TRAFFIC POLICE AND/OR SPECIAL POLICE.
  S 5. The general municipal law is amended by adding a new section 86-b
to read as follows:
  S  86-B.  STREET  FAIR AND PUBLIC PARK MASSAGE THERAPY AUTHORIZED.  1.
THE GOVERNING BOARD OF A MUNICIPAL CORPORATION MAY AUTHORIZE AND  PERMIT
THE  SALE  OF LICENSED MASSAGE THERAPY, AS SUCH TERM IS DEFINED PURSUANT
TO SECTION SEVENTY-EIGHT HUNDRED ONE OF THE  EDUCATION  LAW,  AT  STREET
FAIRS  AND  PUBLIC  PARKS WITH THE PERMITTING FEES TO BE ESTABLISHED AND
COLLECTED BY SUCH MUNICIPAL CORPORATION.
  2. ANY ORGANIZATION THAT ALLOWS, PERMITS, LEASES OR RENTS SPACE  AT  A
STREET FAIR OR PUBLIC PARK, PURSUANT TO THIS SECTION, SHALL BE RESPONSI-
BLE FOR ENSURING THAT ANY VENDOR PROPOSING TO PERFORM ANY MASSAGE THERA-
PY  SERVICES,  AS SUCH TERM IS DEFINED PURSUANT TO SECTION SEVENTY-EIGHT

S. 6072                             3

HUNDRED ONE OF THE EDUCATION LAW, IS TO  PROVIDE  A  VALID  AND  INSURED
PROOF OF LICENSE PRIOR TO THE EVENT AND PRESENT SUCH PROOF ON THE DAY OF
THE EVENT AS ALSO REQUIRED FOR TAX AND VENDOR IDENTIFICATIONS.
  3.  ANY  ORGANIZATION  FOUND  IN  VIOLATION OF SUBDIVISION TWO OF THIS
SECTION SHALL BE SUBJECT TO FINES, PENALTIES AND MAY BE SUBJECTED TO  AN
AUDIT  BY  THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE AND THE
LOCAL TAXING AUTHORITY. SUCH FINES AND PENALTIES SHALL BE DETERMINED  BY
THE  MUNICIPAL  CORPORATION  THAT AUTHORIZES SUCH STREET FAIR AND PUBLIC
PARK MASSAGE THERAPY.
  S 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such date.

co-Sponsors

2011-S6072A - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6512, 6513 & 7802 & 7804, Ed L; add §86-b, Gen Muni L
Versions Introduced in 2013-2014 Legislative Session:: S3401

2011-S6072A - Summary

Relates to the unlicensed practice of massage therapy and authorizes municipalities to permit massage therapy at street fairs and public parks.

2011-S6072A - Sponsor Memo

                                BILL NUMBER:S6072A

TITLE OF BILL:
An act
to amend the education law and the general municipal law, in relation to
the practice of massage therapy

PURPOSE:
To enforce greater penalization toward unlicensed individuals who
practice such profession when not authorized; to hold those further
accountable for the abatement or employment of such unlicensed
individuals; and to create and authorize permits for the practice
of licensed therapeutic services in parks and at street fairs.

SUMMARY OF PROVISIONS:
Section 1: Section 6512, subdivision 2, of the education law is
amended to hold an entity responsible for the abatement or employment
of one or more unlicensed persons who conduct the services of an
authorized profession, and subject them to a class E felony.

Section 2: Section 6513, subdivision 2, of the education law is
amended to hold an entity responsible for the employment or abatement
of one or more persons not authorized to use a professional title
regulated by this title, and subject them to a class E felony.

Section 3: Section 7802 of the education law is amended to justify

only certified and licensed massage therapists are legally authorized
to perform such services as defined by the profession, otherwise
those who are not authorized and practice such profession are
subjected to a class E felony. Additionally, such person, firm,
partnership or corporation advertising such services shall hire a
person licensed or authorized, otherwise the contract of a
non-licensed individual shall lead to a class E felony and subjection
of an immediate audit by the New York State Department of Taxation
and Finance and by the local taxing authority.

Section 4: Section 86-b is added to the general municipal law to
authorize street fair and public park massage therapy permits for
those certified and licensed in the profession of massage therapy. An
organization that allows, permits, leases or rents space at a street
fair or public park is to be held responsible for ensuring that any
vendor proposing to perform any massage therapy services can provide
a valid and insured proof of license prior to the event and present
such proof on the day of the event. An organization found in
violation of such requirements is subjected to an audit by the New
York state Department of Taxation and
Finance and the local taxing authority. Fines and penalties will be
determined by the municipal corporation that authorizes such street
fair and public park massage therapy.

Section 5: Defines effective date of bill.

JUSTIFICATION:
There is an immediate risk to one's health when massage therapeutic
services are performed by an unlicensed individual. The scientific
system of activity of the muscular structure of the human body


requires the application of certifiable and licensed therapeutic
techniques when kneeding, tapping and vibrating from the hands seeks
to improve muscle tone and circulation. When these services are
performed by an unlicensed individual, cramps and other inflicted
pain on one's muscles can adversely impact the circulation in one's
body. Because this is a problematic issue, greater restrictions and
enforcement is needed throughout the State to hold those criminally
accountable who are not authorized, certified or licensed to perform
such services on other people. Greater enforcement and regulation of
the massage therapy profession will keep the health of the public a
priority.

The additional authorization for licensed and certified massage
therapists to perform therapeutic services in parks and street fairs
with a permit will provide for the generation of revenues and greater
awareness of the potential benefits one experiences by receiving
professional massage therapeutic services. additionally, enactment of
this bill ensures the massage therapy profession is no longer
tarnished by those individuals not authorized and licensed.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None; however, revenues are to be generated through permit fees for
authorized practice in parks and at street fairs.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
becomes a law.

2011-S6072A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6072--A

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sens. ADDABBO, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher  Education
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the education law and  the  general  municipal  law,  in
  relation to the practice of massage therapy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 6512  of  the  education  law,  as
added by chapter 689 of the laws of 1976, is amended to read as follows:
  2.  Anyone  who knowingly aids or abets [three] ONE or more unlicensed
persons to practice a profession or employs  or  holds  such  unlicensed
persons  out  as  being  able  to  practice in any profession in which a
license is a prerequisite to the practice of the acts, or who  knowingly
aids  or abets [three] ONE or more persons to practice any profession as
exempt persons during the time when the professional  licenses  of  such
persons are suspended, revoked or annulled, shall be guilty of a class E
felony.
  S  2.  Subdivision 2 of section 6513 of the education law, as added by
chapter 687 of the laws of 1976, is amended to read as follows:
  2. Anyone who knowingly aids or abets [three] ONE or more persons  not
authorized  to  use a professional title regulated by this title, to use
such professional title,  or  knowingly  employs  [three]  ONE  or  more
persons  not  authorized  to  use a professional title regulated by this
title, who use such professional title in the course of such employment,
shall be guilty of a class E felony.
  S 3. Section 7802 of the education law, as amended by chapter  230  of
the laws of 1997, is amended to read as follows:
  S  7802.  Practice  of  massage  therapy  and  use of title "masseur",
"masseuse" or "massage therapist" or  the  term  "massage"  or  "massage
therapy". 1. Only a person licensed or authorized pursuant to this chap-
ter shall practice massage therapy and only a person licensed under this
article  shall  use  the  title "masseur", "masseuse" or "massage thera-
pist".  ANY PERSON WHO IS CERTIFIED, BUT NOT LICENSED PURSUANT  TO  THIS
CHAPTER  TO PRACTICE MASSAGE THERAPY SHALL NOT BE AUTHORIZED TO PRACTICE

MASSAGE THERAPY NOR USE THE  TITLE  "MASSEUR",  "MASSEUSE"  OR  "MASSAGE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13637-04-2

S. 6072--A                          2

THERAPIST". ANY PERSON PERFORMING THE SERVICES DEFINED IN SECTION SEVEN-
TY-EIGHT  HUNDRED ONE OF THIS ARTICLE WITHOUT A LICENSE PURSUANT TO THIS
ARTICLE SHALL BE GUILTY OF A CLASS E FELONY,  REGARDLESS  OF  WHAT  SUCH
SERVICES ARE BEING CALLED.
  2.  (A)  No  person,  firm,  partnership or corporation claiming to be
engaged in the practice of massage  or  massage  therapy  shall  in  any
manner  describe,  advertise, or place any advertisement for services as
defined in section seventy-eight hundred one of this article unless such
services are performed by a person licensed or  authorized  pursuant  to
this chapter.
  (B)  SUCH  A  PERSON,  FIRM,  PARTNERSHIP  OR  CORPORATION ADVERTISING
SERVICES DEFINED IN SECTION SEVENTY-EIGHT HUNDRED ONE  OF  THIS  ARTICLE
SHALL  HIRE  A PERSON LICENSED OR AUTHORIZED UNDER THIS ARTICLE TO PRAC-
TICE MASSAGE THERAPY.
  3. (A) ANY PERSON, FIRM, PARTNERSHIP  OR  CORPORATION  THAT  HIRES  OR
CONTRACTS  A  NON-LICENSED INDIVIDUAL TO PROVIDE ANY SERVICES DEFINED IN
SECTION SEVENTY-EIGHT HUNDRED ONE OF THIS ARTICLE SHALL BE GUILTY  OF  A
CLASS  E  FELONY  AND  SHALL BE SUBJECT TO AN IMMEDIATE AUDIT BY THE NEW
YORK STATE DEPARTMENT OF TAXATION AND FINANCE AND BY  THE  LOCAL  TAXING
AUTHORITY.
  (B)  ANYONE WHO KNOWINGLY AIDS OR ABETS ONE OR MORE UNLICENSED PERSONS
TO PRACTICE MASSAGE THERAPY OR HOLDS  SUCH  UNLICENSED  PERSONS  OUT  AS
BEING  ABLE  TO PRACTICE MASSAGE THERAPY, OR WHO KNOWINGLY AIDS OR ABETS
ONE OR MORE PERSONS TO PRACTICE MASSAGE THERAPY AS EXEMPT PERSONS DURING
THE TIME WHEN THE LICENSES OF SUCH PERSONS  ARE  SUSPENDED,  REVOKED  OR
ANNULLED, SHALL BE GUILTY OF A CLASS E FELONY.
  4.  ENFORCEMENT  OF  THIS SECTION SHALL BE UNDERTAKEN BY THE LOCAL LAW
ENFORCEMENT AUTHORITY, THE  DEPARTMENT  OF  HEALTH,  BUILDING  AND  CODE
ENFORCEMENT AGENCIES, TRAFFIC POLICE AND/OR SPECIAL POLICE.
  S 4. The general municipal law is amended by adding a new section 86-b
to read as follows:
  S  86-B.  STREET  FAIR AND PUBLIC PARK MASSAGE THERAPY AUTHORIZED.  1.
THE GOVERNING BOARD OF A MUNICIPAL CORPORATION MAY AUTHORIZE AND  PERMIT
THE  SALE  OF LICENSED MASSAGE THERAPY, AS SUCH TERM IS DEFINED PURSUANT
TO SECTION SEVENTY-EIGHT HUNDRED ONE OF THE  EDUCATION  LAW,  AT  STREET
FAIRS  AND  PUBLIC  PARKS WITH THE PERMITTING FEES TO BE ESTABLISHED AND
COLLECTED BY SUCH MUNICIPAL CORPORATION.
  2. ANY ORGANIZATION THAT ALLOWS, PERMITS, LEASES OR RENTS SPACE  AT  A
STREET FAIR OR PUBLIC PARK, PURSUANT TO THIS SECTION, SHALL BE RESPONSI-
BLE FOR ENSURING THAT ANY VENDOR PROPOSING TO PERFORM ANY MASSAGE THERA-
PY  SERVICES,  AS SUCH TERM IS DEFINED PURSUANT TO SECTION SEVENTY-EIGHT
HUNDRED ONE OF THE EDUCATION LAW, IS TO  PROVIDE  A  VALID  AND  INSURED
PROOF OF LICENSE PRIOR TO THE EVENT AND PRESENT SUCH PROOF ON THE DAY OF
THE EVENT AS ALSO REQUIRED FOR TAX AND VENDOR IDENTIFICATIONS.
  3.  ANY  ORGANIZATION  FOUND  IN  VIOLATION OF SUBDIVISION TWO OF THIS
SECTION SHALL BE SUBJECT TO FINES, PENALTIES AND MAY BE SUBJECTED TO  AN
AUDIT  BY  THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE AND THE
LOCAL TAXING AUTHORITY. SUCH FINES AND PENALTIES SHALL BE DETERMINED  BY
THE  MUNICIPAL  CORPORATION  THAT AUTHORIZES SUCH STREET FAIR AND PUBLIC
PARK MASSAGE THERAPY.
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such date.

co-Sponsors

2011-S6072B (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6512, 6513 & 7802 & 7804, Ed L; add §86-b, Gen Muni L
Versions Introduced in 2013-2014 Legislative Session:: S3401

2011-S6072B (ACTIVE) - Summary

Relates to the unlicensed practice of massage therapy and authorizes municipalities to permit massage therapy at street fairs and public parks.

2011-S6072B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6072B

TITLE OF BILL:
An act to amend the education law and the general municipal law, in
relation to the practice of massage therapy

PURPOSE:
To enforce greater penalization toward unlicensed individuals who prac-
tice such profession when not authorized; to hold those further account-
able for the abatement or employment of such unlicensed individuals; and
to create and authorize permits for the practice of licensed therapeutic
services in parks and at street fairs.

SUMMARY OF PROVISIONS:
Section 1: Section 6512, subdivision 2, of the education law is amended
to hold an entity responsible for the abatement or employment of one or
more unlicensed persons who conduct the services of an authorized
profession, and subject them to a class E felony.

Section 2: Section 6513, subdivision 2, of the education law is amended
to hold an entity responsible for the employment or abatement of one or
more persons not authorized to use a professional title regulated by
this title, and subject them to a class E felony.

Section 3: Section 7802 of the education law is amended to justify only
certified and licensed massage therapists are legally authorized to

perform such services as defined by the profession, otherwise those who
are not authorized and practice such profession are subjected to a class
E felony. Additionally, such person, firm, partnership or corporation
advertising such services shall hire a person licensed or authorized,
otherwise the contract of a non-licensed individual shall lead to a
class E felony and subjection of an immediate audit by the New York
State Department of Taxation and Finance and by the local taxing author-
ity.

Section 5: Section 86-b is added to the general municipal law to author-
ize street fair and public park massage therapy permits for those certi-
fied and licensed in the profession of massage therapy. An organization
that allows, permits, leases or rents space at a street fair or public
park is to be held responsible for ensuring that any vendor proposing to
perform any massage therapy services can provide a valid and insured
proof of license prior to the event and present such proof on the day of
the event. An organization found in violation of such requirements is
subjected to an audit by the New York state Department of Taxation and
Finance and the local taxing authority. Fines and penalties will be
determined by the municipal corporation that authorizes such street fair
and public park massage therapy.

Section 6: Defines effective date of bill.

JUSTIFICATION:

There is an immediate risk to one's health when massage therapeutic
services are performed by an unlicensed individual. The scientific
system of activity of the muscular structure of the human body requires
the application of certifiable and licensed therapeutic techniques when
kneeding, tapping and vibrating from the hands seeks to improve muscle
tone and circulation. When these services are performed by an unlicensed
individual, cramps and other inflicted pain on one's muscles can
adversely impact the circulation in one's body. Because this is a prob-
lematic issue, greater restrictions and enforcement is needed throughout
the State to hold those criminally accountable who are not authorized,
certified or licensed to perform such services on other people. Greater
enforcement and regulation of the massage therapy profession will keep
the health of the public a priority.

The additional authorization for licensed and certified massage thera-
pists to perform therapeutic services in parks and street fairs with a
permit will provide for the generation of revenues and greater awareness
of the potential benefits one experiences by receiving professional
massage therapeutic services. additionally, enactment of this bill
ensures the massage therapy profession is no longer tarnished by those
individuals not authorized and licensed.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None; however, revenues are to be generated through permit fees for
authorized practice in parks and at street fairs.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
becomes a law.

2011-S6072B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6072--B

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sens. ADDABBO, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher  Education
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted  to  said  committee  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law and  the  general  municipal  law,  in
  relation to the practice of massage therapy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 6512  of  the  education  law,  as
added by chapter 689 of the laws of 1976, is amended to read as follows:
  2.  Anyone  who knowingly aids or abets [three] ONE or more unlicensed
persons to practice a profession or employs  or  holds  such  unlicensed
persons  out  as  being  able  to  practice in any profession in which a
license is a prerequisite to the practice of the acts, or who  knowingly
aids  or abets [three] ONE or more persons to practice any profession as
exempt persons during the time when the professional  licenses  of  such
persons are suspended, revoked or annulled, shall be guilty of a class E
felony.
  S  2.  Subdivision 2 of section 6513 of the education law, as added by
chapter 687 of the laws of 1976, is amended to read as follows:
  2. Anyone who knowingly aids or abets [three] ONE or more persons  not
authorized  to  use a professional title regulated by this title, to use
such professional title,  or  knowingly  employs  [three]  ONE  or  more
persons  not  authorized  to  use a professional title regulated by this
title, who use such professional title in the course of such employment,
shall be guilty of a class E felony.
  S 3. Section 7802 of the education law, as amended by chapter  230  of
the laws of 1997, is amended to read as follows:
  S  7802.  Practice  of  massage  therapy  and  use of title "masseur",
"masseuse" or "massage therapist" or  the  term  "massage"  or  "massage
therapy". 1. Only a person licensed or authorized pursuant to this chap-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD13637-05-2

S. 6072--B                          2

ter shall practice massage therapy and only a person licensed under this
article  shall  use  the  title "masseur", "masseuse" or "massage thera-
pist".  ANY PERSON WHO IS CERTIFIED, BUT NOT LICENSED PURSUANT  TO  THIS
CHAPTER  TO PRACTICE MASSAGE THERAPY SHALL NOT BE AUTHORIZED TO PRACTICE
MASSAGE THERAPY NOR USE THE  TITLE  "MASSEUR",  "MASSEUSE"  OR  "MASSAGE
THERAPIST". ANY PERSON PERFORMING THE SERVICES DEFINED IN SECTION SEVEN-
TY-EIGHT  HUNDRED ONE OF THIS ARTICLE WITHOUT A LICENSE PURSUANT TO THIS
ARTICLE SHALL BE GUILTY OF A CLASS E FELONY,  REGARDLESS  OF  WHAT  SUCH
SERVICES ARE BEING CALLED.
  2.  (A)  No  person,  firm,  partnership or corporation claiming to be
engaged in the practice of massage  or  massage  therapy  shall  in  any
manner  describe,  advertise, or place any advertisement for services as
defined in section seventy-eight hundred one of this article unless such
services are performed by a person licensed or  authorized  pursuant  to
this chapter.
  (B)  SUCH  A  PERSON,  FIRM,  PARTNERSHIP  OR  CORPORATION ADVERTISING
SERVICES DEFINED IN SECTION SEVENTY-EIGHT HUNDRED ONE  OF  THIS  ARTICLE
SHALL  HIRE  A PERSON LICENSED OR AUTHORIZED UNDER THIS ARTICLE TO PRAC-
TICE MASSAGE THERAPY.
  3. (A) ANY PERSON, FIRM, PARTNERSHIP  OR  CORPORATION  THAT  HIRES  OR
CONTRACTS  A  NON-LICENSED INDIVIDUAL TO PROVIDE ANY SERVICES DEFINED IN
SECTION SEVENTY-EIGHT HUNDRED ONE OF THIS ARTICLE SHALL BE GUILTY  OF  A
CLASS  E  FELONY  AND  SHALL BE SUBJECT TO AN IMMEDIATE AUDIT BY THE NEW
YORK STATE DEPARTMENT OF TAXATION AND FINANCE AND BY  THE  LOCAL  TAXING
AUTHORITY.
  (B)  ANYONE WHO KNOWINGLY AIDS OR ABETS ONE OR MORE UNLICENSED PERSONS
TO PRACTICE MASSAGE THERAPY OR HOLDS  SUCH  UNLICENSED  PERSONS  OUT  AS
BEING  ABLE  TO PRACTICE MASSAGE THERAPY, OR WHO KNOWINGLY AIDS OR ABETS
ONE OR MORE PERSONS TO PRACTICE MASSAGE THERAPY AS EXEMPT PERSONS DURING
THE TIME WHEN THE LICENSES OF SUCH PERSONS  ARE  SUSPENDED,  REVOKED  OR
ANNULLED, SHALL BE GUILTY OF A CLASS E FELONY.
  4.  ENFORCEMENT  OF  THIS SECTION SHALL BE UNDERTAKEN BY THE LOCAL LAW
ENFORCEMENT AUTHORITY, THE  DEPARTMENT  OF  HEALTH,  BUILDING  AND  CODE
ENFORCEMENT AGENCIES, TRAFFIC POLICE AND/OR SPECIAL POLICE.
  S  4.  Section 7804 of the education law, as amended by chapter 230 of
the laws of 1997, is amended to read as follows:
  S 7804. Requirements for a professional license. (A) To qualify for  a
license  as a massage therapist, masseur or masseuse, an applicant shall
fulfill the following requirements:
  (1) Application: file an application with the department;
  (2) Education: have received an education, including high school grad-
uation and graduation from a school or institute of massage therapy with
a program registered by the department, or its substantial equivalent in
both subject matter and extent of training, provided that the program in
such school or institute shall consist of  classroom  instruction  of  a
total  of  not  less than five hundred hours in subjects satisfactory to
the department;
  (3) Examination: pass [an examination satisfactory to the board and in
accordance with the  commissioner's  regulations]  THE  NEW  YORK  STATE
MASSAGE THERAPY EXAMINATION;
  (4) Age: be at least eighteen years of age;
  (5)  Citizenship  or immigration status: be a United States citizen or
an alien lawfully admitted for permanent residence in the United States;
  (6) Character: be of good moral character as determined by the depart-
ment; [and]

S. 6072--B                          3

  (7) Fees: pay a fee of one hundred fifteen dollars to  the  department
for  admission  to a department conducted examination and for an initial
license, a fee of forty-five dollars for each reexamination,  a  fee  of
fifty dollars for an initial license for persons not requiring admission
to  a  department  conducted examination, and a fee of fifty dollars for
each triennial registration period. ANY PERSON WHO HOLDS A LICENSE AS  A
MASSAGE  THERAPIST,  MASSEUR  OR  MASSEUSE  WHO FAILS TO PAY FEES AS SET
FORTH IN THIS PARAGRAPH IN A TIMELY MANNER SHALL HAVE HIS OR HER LICENSE
REVOKED UNTIL THE TIME WHEN SUCH FEES ARE PAID; AND
  (8) CONTINUING EDUCATION. COMPLETE  COURSES  IN  CONTINUING  EDUCATION
PURSUANT TO SECTION SEVENTY-EIGHT HUNDRED SEVEN OF THIS ARTICLE.
  (B)  A  LICENSE  AS A MASSAGE THERAPIST, MASSEUR OR MASSEUSE ISSUED TO
QUALIFIED APPLICANTS PURSUANT TO THIS SECTION SHALL BE DISPLAYED AT  ALL
TIMES  AT  THE  PLACE  OF BUSINESS OF SUCH MASSAGE THERAPIST, MASSEUR OR
MASSEUSE AND SHALL HAVE A PHOTOGRAPH OF SUCH MASSAGE THERAPIST,  MASSEUR
OR MASSEUSE AFFIXED THERETO.
  S 5. The general municipal law is amended by adding a new section 86-b
to read as follows:
  S  86-B.  STREET  FAIR AND PUBLIC PARK MASSAGE THERAPY AUTHORIZED.  1.
THE GOVERNING BOARD OF A MUNICIPAL CORPORATION MAY AUTHORIZE AND  PERMIT
THE  SALE  OF LICENSED MASSAGE THERAPY, AS SUCH TERM IS DEFINED PURSUANT
TO SECTION SEVENTY-EIGHT HUNDRED ONE OF THE  EDUCATION  LAW,  AT  STREET
FAIRS  AND  PUBLIC  PARKS WITH THE PERMITTING FEES TO BE ESTABLISHED AND
COLLECTED BY SUCH MUNICIPAL CORPORATION.
  2. ANY ORGANIZATION THAT ALLOWS, PERMITS, LEASES OR RENTS SPACE  AT  A
STREET FAIR OR PUBLIC PARK, PURSUANT TO THIS SECTION, SHALL BE RESPONSI-
BLE FOR ENSURING THAT ANY VENDOR PROPOSING TO PERFORM ANY MASSAGE THERA-
PY  SERVICES,  AS SUCH TERM IS DEFINED PURSUANT TO SECTION SEVENTY-EIGHT
HUNDRED ONE OF THE EDUCATION LAW, IS TO  PROVIDE  A  VALID  AND  INSURED
PROOF OF LICENSE PRIOR TO THE EVENT AND PRESENT SUCH PROOF ON THE DAY OF
THE EVENT AS ALSO REQUIRED FOR TAX AND VENDOR IDENTIFICATIONS.
  3.  ANY  ORGANIZATION  FOUND  IN  VIOLATION OF SUBDIVISION TWO OF THIS
SECTION SHALL BE SUBJECT TO FINES, PENALTIES AND MAY BE SUBJECTED TO  AN
AUDIT  BY  THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE AND THE
LOCAL TAXING AUTHORITY. SUCH FINES AND PENALTIES SHALL BE DETERMINED  BY
THE  MUNICIPAL  CORPORATION  THAT AUTHORIZES SUCH STREET FAIR AND PUBLIC
PARK MASSAGE THERAPY.
  S 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of this act on its effective date is authorized to be made on or
before such date.

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Sponsored By

Joseph P. Addabbo Jr.

Archive: Last Bill Status - In Senate Committee Higher Education Committee

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