S T A T E O F N E W Y O R K
________________________________________________________________________
4433
2017-2018 Regular Sessions
I N A S S E M B L Y
February 2, 2017
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to the unauthorized prac-
tice of a profession and the unauthorized use of a professional title;
and to amend the general business law, in relation to the practice of
esthetics
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.
§ 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.
§ 3. Subdivision 6 of section 400 of the general business law, as
added by chapter 509 of the laws of 1992, is amended to read as follows:
6. The practice of "esthetics" means providing for a fee, or any
consideration or exchange, whether direct or indirect, services to
enhance the appearance of the face, neck, arms, legs, and shoulders of a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04121-01-7
A. 4433 2
human being by the use of compounds or procedures including makeup,
eyelashes, depilatories, tonics, lotions, waxes, sanding and tweezing,
whether performed by manual, mechanical, chemical or electrical means
and instruments but shall not include the practice of electrology OR THE
PRACTICE OF MASSAGE THERAPY, AS SUCH TERM IS DEFINED IN SECTION SEVEN-
TY-EIGHT HUNDRED ONE OF THE EDUCATION LAW.
§ 4. This act shall take effect immediately.