senate Bill S3401

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to higher education
Feb 01, 2013 referred to higher education

Co-Sponsors

S3401 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§6512, 6513 & 7802 & 7804, Ed L; add §86-b, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
S6072B

S3401 - Bill Texts

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

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BILL NUMBER:S3401

TITLE OF BILL: An act to amend the education law and the general munic-
ipal 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 individ-
uals; 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 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 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: S. 6072-B - Referred to Higher Education

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.

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

                                  3401

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

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 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08290-01-3

S. 3401                             2

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]
  (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

S. 3401                             3

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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