The New York State Senate

                    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.