S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1112
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of A. GONZALEZ-ROJAS, KIM, MAMDANI, SIMON, MITAYNES,
   EPSTEIN, JACKSON, FORREST, DICKENS, GALLAGHER,  SEAWRIGHT,  KELLES  --
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02290-01-3
              

 A. 1112                             2
 
 THIS  SECTION.  NEITHER THE UNAUTHORIZED OR UNLICENSED USE OF THE TITLES
 "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.