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

                                  9337

                          I N  A S S E M B L Y

                            February 16, 2012
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Higher Education

AN  ACT  to amend the education law, in relation to professional miscon-
  duct by  massage  therapists  who  allow  commission  of  prostitution
  offenses

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

  Section 1. The education law is amended by adding a new section 6509-d
to read as follows:
  S 6509-D. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT;  PROSTITU-
TION  MASSAGE  THERAPY. 1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF
THIS ARTICLE OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE  LICENSE
OF  A PERSON TO PRACTICE MASSAGE THERAPY PURSUANT TO ARTICLE ONE HUNDRED
FIFTY-FIVE OF THIS TITLE MAY BE REVOKED, SUSPENDED OR ANNULLED, OR  SUCH
PERSON  MAY  BE  SUBJECT  TO  ANY  OTHER  PENALTY  PROVIDED  IN  SECTION
SIXTY-FIVE HUNDRED  ELEVEN  OF  THIS  ARTICLE  IN  ACCORDANCE  WITH  THE
PROVISIONS AND PROCEDURES OF THIS ARTICLE, WHEN, (A) WITHIN ANY TWO YEAR
PERIOD, THERE HAVE BEEN THREE OR MORE ARRESTS FOR ANY VIOLATION OF ARTI-
CLE TWO HUNDRED THIRTY (PROSTITUTION) OF THE PENAL LAW UPON ANY PREMISES
AT  WHICH  THE LICENSEE REGULARLY ENGAGES IN THE PRACTICE OF THE PROFES-
SION OF MASSAGE THERAPY; OR  (B)  SUCH  LICENSEE  IS  ARRESTED  FOR  ANY
VIOLATION OF ARTICLE TWO HUNDRED THIRTY (PROSTITUTION) OF THE PENAL LAW.
  2. WHEN AN ARREST FOR A VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE
PENAL  LAW HAS TAKEN PLACE UPON THE PREMISES AT WHICH THE LICENSEE REGU-
LARLY ENGAGES IN THE PRACTICE OF THE PROFESSION OF MASSAGE  THERAPY,  OR
UPON  THE  ARREST  OF  A LICENSEE FOR A VIOLATION OF SUCH, THE ARRESTING
AGENCY SHALL NOTIFY THE DEPARTMENT, IN WRITING WITHIN ONE  WEEK  OF  THE
ARREST AND SET FORTH THEREIN THE NAME OF THE PERSON LICENSED PURSUANT TO
ARTICLE  ONE  HUNDRED FIFTY-FIVE OF THIS TITLE AND THE CIRCUMSTANCES AND
ARRESTEES OF SUCH OFFENSE. WITHIN TWO WEEKS OF THE RECEIPT OF  ANY  SUCH
NOTICE,  THE  DEPARTMENT  SHALL  CAUSE  A HEARING TO BE HELD PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE UPON THE  FACTS  OF  SUCH
ARREST  AND  THE  LICENSEE'S  INVOLVEMENT  OR  KNOWLEDGE OF THE CRIMINAL
ACTIVITY.  UPON RECEIPT AND REVIEW OF ANY NOTICE PURSUANT TO THIS SUBDI-

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

                                                           LBD05012-01-1

A. 9337                             2

VISION THE DEPARTMENT SHALL PROVIDE NOTICE TO  THE  APPROPRIATE  PARTIES
THAT SUCH PREMISES ARE A NUISANCE PURSUANT TO TITLE TWO OF ARTICLE TWEN-
TY-THREE  OF THE PUBLIC HEALTH LAW, ARTICLE TEN OF THE MULTIPLE DWELLING
LAW,  SECTION  SEVEN  HUNDRED  FIFTEEN  OF THE REAL PROPERTY ACTIONS AND
PROCEEDINGS LAW, AND/OR PARAGRAPH THREE OF SUBDIVISION B OF SECTION  TWO
HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW.
  3.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF THIS ARTICLE OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE LICENSE OF A PERSON TO PRAC-
TICE MASSAGE THERAPY PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FIVE OF  THIS
TITLE  SHALL BE REVOKED BY THE BOARD OF REGENTS WHEN, (A) WITHIN ANY TWO
YEAR PERIOD, THERE HAVE BEEN  THREE  OR  MORE  CONVICTIONS  OF  OFFENSES
DEFINED  IN  ARTICLE  TWO HUNDRED THIRTY OF THE PENAL LAW ARISING OUT OF
THREE OR MORE SEPARATE OCCASIONS WHICH WERE COMMITTED UPON  PREMISES  AT
WHICH  THE  LICENSEE REGULARLY ENGAGES IN THE PRACTICE OF THE PROFESSION
OF MASSAGE THERAPY; OR (B)  THE  LICENSEE  HAS  BEEN  CONVICTED  OF  ANY
OFFENSE  DEFINED  IN  ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW.  UPON
SUCH A REVOCATION THE DEPARTMENT SHALL PROVIDE NOTICE TO THE APPROPRIATE
PARTIES THAT SUCH PREMISES ARE A NUISANCE PURSUANT TO TITLE TWO OF ARTI-
CLE TWENTY-THREE OF THE PUBLIC HEALTH LAW, ARTICLE TEN OF  THE  MULTIPLE
DWELLING LAW, SECTION SEVEN HUNDRED FIFTEEN OF THE REAL PROPERTY ACTIONS
AND  PROCEEDINGS LAW, AND/OR PARAGRAPH THREE OF SUBDIVISION B OF SECTION
TWO HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW.
  S 2. This act shall take effect immediately and shall apply to  crimi-
nal offenses committed on or after such date.