The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8281
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 17, 2021
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation to  the  unauthorized  or
   unlicensed 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 1 of section 6512  of  the  education  law,  as
 amended  by chapter 644 of the laws of 1979, is amended and a new subdi-
 vision 3 is added to read as follows:
   1. Anyone not authorized to practice under this title who practices or
 offers to practice or holds [himself] THEMSELVES out as  being  able  to
 practice  in  any profession in which a license is a prerequisite to the
 practice of the acts, or who  practices  any  profession  as  an  exempt
 person  during  the  time  when  [his]  THEIR  professional  license  is
 suspended, revoked or annulled, or  who  aids  or  abets  an  unlicensed
 person  to  practice  a  profession,  or  who fraudulently sells, files,
 furnishes, obtains, or who attempts fraudulently to sell, file,  furnish
 or obtain any diploma, license, record or permit purporting to authorize
 the practice of a profession, shall be guilty of a class E felony.
   3.  NEITHER THE UNAUTHORIZED OR UNLICENSED PRACTICE OF MASSAGE THERAPY
 UNDER ARTICLE ONE HUNDRED FIFTY-FIVE OF THIS TITLE, NOR  THE  AIDING  OR
 ABETTING OF UNAUTHORIZED OR UNLICENSED PRACTICE OF MASSAGE THERAPY UNDER
 ARTICLE  ONE  HUNDRED  FIFTY-FIVE OF THIS TITLE, SHALL BE A VIOLATION OF
 THIS SECTION.
   § 2. Section 6513 of the education law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  NEITHER THE UNAUTHORIZED OR UNLICENSED PRACTICE OF MASSAGE THERAPY
 UNDER ARTICLE ONE HUNDRED FIFTY-FIVE OF THIS TITLE, NOR  THE  AIDING  OR
 ABETTING OF UNAUTHORIZED OR UNLICENSED PRACTICE OF MASSAGE THERAPY UNDER
 ARTICLE  ONE  HUNDRED  FIFTY-FIVE OF THIS TITLE, SHALL BE A VIOLATION OF
 THIS SECTION. NEITHER THE UNAUTHORIZED OR UNLICENSED USE OF  THE  TITLES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13214-01-1

 A. 8281                             2
 
 "MASSEUR,"  "MASSEUSE,"  OR  "MASSAGE  THERAPIST"  PROHIBITED IN SECTION
 SEVENTY-EIGHT HUNDRED TWO OF THIS TITLE, NOR THE DESCRIPTION, ADVERTISE-
 MENT, OR PLACEMENT OF AN ADVERTISEMENT OF SERVICES  DEFINED  IN  SECTION
 SEVENTY-EIGHT HUNDRED ONE OF THIS TITLE WHERE THE SERVICES ARE PERFORMED
 BY SOMEONE UNAUTHORIZED OR UNLICENSED TO PRACTICE SUCH SERVICES, PROHIB-
 ITED  BY  SECTION  SEVENTY-EIGHT  HUNDRED  TWO OF THIS TITLE, SHALL BE A
 VIOLATION OF THIS SECTION.
   § 3. Subdivision 2 of section 6514 of the education law, as amended by
 chapter 257 of the laws of 1996, is amended to read as follows:
   2. The attorney general shall prosecute such alleged offenses  in  the
 name  of  the  state[,  provided,  however,  in  the  event  of  alleged
 violations of article one hundred fifty-five of this title,  a  district
 attorney  may  prosecute  such alleged offenses in the name of the state
 provided,  however,  that  any  district  attorney  may  prosecute  such
 offenses  where they are incidental to a criminal prosecution instituted
 by him under other statutes].
   § 4. Section 6515 of the education law, as amended by chapter  615  of
 the laws of 2003, is amended to read as follows:
   § 6515. Restraint of unlawful acts. Where a violation of this title is
 alleged to have occurred, the attorney general[,] OR the department [or,
 in  the event of alleged violations of article one hundred fifty-five of
 this title occurring in cities having a population  of  one  million  or
 more, the corporation counsel] may apply to the supreme court within the
 judicial  district  in  which such violation is alleged to have occurred
 for an order enjoining or restraining commission or continuance  of  the
 unlawful  acts  complained of. The remedy provided in this section shall
 be in addition to any other remedy provided by law or to the proceedings
 commenced against a licensee under this title.
   § 5. Subdivision 3 of section 6516 of the education law, as  added  by
 chapter 615 of the laws of 2003, is amended to read as follows:
   3. Civil penalties. Civil penalties up to five thousand dollars may be
 imposed  for  each  violation  OF  SECTION  SIXTY-FIVE HUNDRED TWELVE OR
 SIXTY-FIVE HUNDRED THIRTEEN OF THIS ARTICLE and the  respondent  may  be
 ordered  to  make  restitution  to any person who has an interest in any
 money or property, either real or personal, acquired by  the  respondent
 as a result of a violation. Whenever the department concludes that civil
 penalties  and/or restitution may be warranted because of the egregious-
 ness of the unlawful activity, it may serve, along with  the  cease  and
 desist  order,  a  notice  of  a  hearing on the allegations of unlawful
 activity and the department's intention to order the respondent to  make
 restitution and/or impose a civil penalty. The notice should specify the
 civil penalty sought for each violation.
   § 6. This act shall take effect immediately.