Bill Text: NY S06072 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to the unlicensed practice of massage therapy and authorizes municipalities to permit massage therapy at street fairs and public parks.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-05-24 - PRINT NUMBER 6072B [S06072 Detail]
Download: New_York-2011-S06072-Introduced.html
Bill Title: Relates to the unlicensed practice of massage therapy and authorizes municipalities to permit massage therapy at street fairs and public parks.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-05-24 - PRINT NUMBER 6072B [S06072 Detail]
Download: New_York-2011-S06072-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6072
I N S E N A T E
(PREFILED)
January 4, 2012
___________
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:
1 Section 1. Subdivision 2 of section 6512 of the education law, as
2 added by chapter 689 of the laws of 1976, is amended to read as follows:
3 2. Anyone who knowingly aids or abets [three] ONE or more unlicensed
4 persons to practice a profession or employs or holds such unlicensed
5 persons out as being able to practice in any profession in which a
6 license is a prerequisite to the practice of the acts, or who knowingly
7 aids or abets [three] ONE or more persons to practice any profession as
8 exempt persons during the time when the professional licenses of such
9 persons are suspended, revoked or annulled, shall be guilty of a class E
10 felony.
11 S 2. Subdivision 2 of section 6513 of the education law, as added by
12 chapter 687 of the laws of 1976, is amended to read as follows:
13 2. Anyone who knowingly aids or abets [three] ONE or more persons not
14 authorized to use a professional title regulated by this title, to use
15 such professional title, or knowingly employs [three] ONE or more
16 persons not authorized to use a professional title regulated by this
17 title, who use such professional title in the course of such employment,
18 shall be guilty of a class E felony.
19 S 3. Section 7801 of the education law, as amended by chapter 230 of
20 the laws of 1997, is amended to read as follows:
21 S 7801. Definition of practice of massage therapy. The practice of the
22 profession of massage therapy is defined as engaging in applying a
23 scientific system of activity OR MANIPULATION to the muscular structure,
24 INCLUDING, BUT NOT LIMITED TO THE FASCIA, TISSUE OR ENERGY SYSTEM of the
25 human body by means of stroking, kneading, tapping and vibrating with
26 the hands or vibrators for the purpose of improving muscle tone and
27 circulation. THE PRACTICE OF THE PROFESSION OF MASSAGE THERAPY SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13637-02-1
S. 6072 2
1 ALSO INCLUDE MASSAGE THERAPY MODALITIES, SYSTEMS OR OTHER METHODS THAT
2 INCLUDE, BUT ARE NOT LIMITED TO BODY WORK, BODY RUB, FOOT WORK, FOOT
3 MASSAGE, FOOT RUB, NECK RUB, NECK MASSAGE, SWEDISH, DEEP TISSUE, TUI NA,
4 SHIATSU, REFLEXOLOGY, MYOFASCIAL RELEASE, MANUAL LYMPHATIC DRAINAGE,
5 SPORTS MASSAGE, CRANIAL SACRAL THERAPY AND POLARITY THERAPY.
6 S 4. Section 7802 of the education law, as amended by chapter 230 of
7 the laws of 1997, is amended to read as follows:
8 S 7802. Practice of massage therapy and use of title "masseur",
9 "masseuse" or "massage therapist" or the term "massage" or "massage
10 therapy". 1. Only a person licensed or authorized pursuant to this chap-
11 ter shall practice massage therapy and only a person licensed under this
12 article shall use the title "masseur", "masseuse" or "massage thera-
13 pist". ANY PERSON WHO IS CERTIFIED, BUT NOT LICENSED PURSUANT TO THIS
14 CHAPTER TO PRACTICE MASSAGE THERAPY SHALL NOT BE AUTHORIZED TO PRACTICE
15 MASSAGE THERAPY NOR USE THE TITLE "MASSEUR", "MASSEUSE" OR "MASSAGE
16 THERAPIST". ANY PERSON PERFORMING THE SERVICES DEFINED IN SECTION SEVEN-
17 TY-EIGHT HUNDRED ONE OF THIS ARTICLE WITHOUT A LICENSE PURSUANT TO THIS
18 ARTICLE SHALL BE GUILTY OF A CLASS E FELONY, REGARDLESS OF WHAT SUCH
19 SERVICES ARE BEING CALLED.
20 2. (A) No person, firm, partnership or corporation claiming to be
21 engaged in the practice of massage or massage therapy shall in any
22 manner describe, advertise, or place any advertisement for services as
23 defined in section seventy-eight hundred one of this article unless such
24 services are performed by a person licensed or authorized pursuant to
25 this chapter.
26 (B) SUCH A PERSON, FIRM, PARTNERSHIP OR CORPORATION ADVERTISING
27 SERVICES DEFINED IN SECTION SEVENTY-EIGHT HUNDRED ONE OF THIS ARTICLE
28 SHALL HIRE A PERSON LICENSED OR AUTHORIZED UNDER THIS ARTICLE TO PRAC-
29 TICE MASSAGE THERAPY.
30 3. (A) ANY PERSON, FIRM, PARTNERSHIP OR CORPORATION THAT HIRES OR
31 CONTRACTS A NON-LICENSED INDIVIDUAL TO PROVIDE ANY SERVICES DEFINED IN
32 SECTION SEVENTY-EIGHT HUNDRED ONE OF THIS ARTICLE SHALL BE GUILTY OF A
33 CLASS E FELONY AND SHALL BE SUBJECT TO AN IMMEDIATE AUDIT BY THE NEW
34 YORK STATE DEPARTMENT OF TAXATION AND FINANCE AND BY THE LOCAL TAXING
35 AUTHORITY.
36 (B) ANYONE WHO KNOWINGLY AIDS OR ABETS ONE OR MORE UNLICENSED PERSONS
37 TO PRACTICE MASSAGE THERAPY OR HOLDS SUCH UNLICENSED PERSONS OUT AS
38 BEING ABLE TO PRACTICE MASSAGE THERAPY, OR WHO KNOWINGLY AIDS OR ABETS
39 ONE OR MORE PERSONS TO PRACTICE MASSAGE THERAPY AS EXEMPT PERSONS DURING
40 THE TIME WHEN THE LICENSES OF SUCH PERSONS ARE SUSPENDED, REVOKED OR
41 ANNULLED, SHALL BE GUILTY OF A CLASS E FELONY.
42 4. ENFORCEMENT OF THIS SECTION SHALL BE UNDERTAKEN BY THE LOCAL LAW
43 ENFORCEMENT AUTHORITY, THE DEPARTMENT OF HEALTH, BUILDING AND CODE
44 ENFORCEMENT AGENCIES, TRAFFIC POLICE AND/OR SPECIAL POLICE.
45 S 5. The general municipal law is amended by adding a new section 86-b
46 to read as follows:
47 S 86-B. STREET FAIR AND PUBLIC PARK MASSAGE THERAPY AUTHORIZED. 1.
48 THE GOVERNING BOARD OF A MUNICIPAL CORPORATION MAY AUTHORIZE AND PERMIT
49 THE SALE OF LICENSED MASSAGE THERAPY, AS SUCH TERM IS DEFINED PURSUANT
50 TO SECTION SEVENTY-EIGHT HUNDRED ONE OF THE EDUCATION LAW, AT STREET
51 FAIRS AND PUBLIC PARKS WITH THE PERMITTING FEES TO BE ESTABLISHED AND
52 COLLECTED BY SUCH MUNICIPAL CORPORATION.
53 2. ANY ORGANIZATION THAT ALLOWS, PERMITS, LEASES OR RENTS SPACE AT A
54 STREET FAIR OR PUBLIC PARK, PURSUANT TO THIS SECTION, SHALL BE RESPONSI-
55 BLE FOR ENSURING THAT ANY VENDOR PROPOSING TO PERFORM ANY MASSAGE THERA-
56 PY SERVICES, AS SUCH TERM IS DEFINED PURSUANT TO SECTION SEVENTY-EIGHT
S. 6072 3
1 HUNDRED ONE OF THE EDUCATION LAW, IS TO PROVIDE A VALID AND INSURED
2 PROOF OF LICENSE PRIOR TO THE EVENT AND PRESENT SUCH PROOF ON THE DAY OF
3 THE EVENT AS ALSO REQUIRED FOR TAX AND VENDOR IDENTIFICATIONS.
4 3. ANY ORGANIZATION FOUND IN VIOLATION OF SUBDIVISION TWO OF THIS
5 SECTION SHALL BE SUBJECT TO FINES, PENALTIES AND MAY BE SUBJECTED TO AN
6 AUDIT BY THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE AND THE
7 LOCAL TAXING AUTHORITY. SUCH FINES AND PENALTIES SHALL BE DETERMINED BY
8 THE MUNICIPAL CORPORATION THAT AUTHORIZES SUCH STREET FAIR AND PUBLIC
9 PARK MASSAGE THERAPY.
10 S 6. This act shall take effect on the one hundred twentieth day after
11 it shall have become a law. Effective immediately, the addition, amend-
12 ment and/or repeal of any rule or regulation necessary for the implemen-
13 tation of this act on its effective date is authorized to be made on or
14 before such date.
