S1030-2011 Actions

• Jan 4, 2012: REFERRED TO HIGHER EDUCATION
• Jan 5, 2011: REFERRED TO HIGHER EDUCATION

S1030-2011 Memo

 BILL NUMBER:  S1030

 TITLE OF BILL :

An act to amend the education law, in relation to professional
misconduct by massage therapists who allow commission of prostitution
offenses


 PURPOSE :

The purpose of this bill is to enhance the ability of law enforcement
and the State Education Department to shut down massage parlors that
are in fact acting as fronts for prostitution activities or
prostitution rings.

 SUMMARY OF PROVISIONS :

Section 1: Adds a new Education Law section 6509-d to add additional
grounds upon which a massage therapist's license may be revoked,
suspended or annulled for those arrested or convicted of prostitution
or working in a business where prostitution activity repeatedly
occurs.

Those grounds include:

a) If a massage therapist is convicted of a any crime of prostitution,
then such therapist automatically losses his or her license.

b} When within a 2 year period of time, there has been three arrests
or more for any violation of prostitution laws on any premises or
business that the massage therapist operates or in which is his or her
regular place of employment, upon this occurrence, the State Education
Department (SED) shall conduct a healing to consider revoking such
massage therapists license. At this hearing, the therapist can
maintain that they were not involved in any way with the perpetration
of prostitution crimes and should be able to retain their license.

c} When a therapist is arrested for a violation of any prostitution
law, or an arrest occurs at the same premises where such massage
therapist works, then the State Education Department must conduct a
hearing within 3 weeks of such arrest to determine such licensee's
involvement or knowledge of such criminal activity.

d} If there are three convictions related to prostitution at the same
premises that such therapist works or a business that they control,
within a 2 year period of time, then such therapist shall lose their
license. This revocation shall occur whether or not such therapist was
accused or found guilty of prostitution charges.

Upon the arrest or conviction of a Massage Therapist of perpetrating
any prostitution crime or working out of a massage parlor in which
such activities occur, law enforcement shall notify the State
Education Department (SED) of such events. This is done so that SED
can track such events and suspend licenses of those massage therapists
involved in such activities.  Upon revocation of such license, the
building owner of such premises and the District Attorney's Office
shall be notified of such prostitution conviction and license
revocation and nuisance proceedings can be commenced to evict such
tenants that are perpetrating prostitution activities from such
building.

 JUSTIFICATION :

The purpose of this bill is to give law enforcement officials the
tools that they require to close down massage parlors that are merely
a cover for prostitution rings. In addition, it gives SED the
knowledge of the arrest and conviction of massage therapists who
either have been individually arrested or convicted of prostitution or
work in an environment where others have been arrested or convicted of
prostitution.

Under current law, it is difficult to shut down businesses that are
either operated by massage therapists or non-licensees who operate
massage parlors that operate businesses in which prostitution
activities occur. Unlike restaurants and bars, where the premises is
licensed by the state Liquor Authority, it is difficult to shut down a
massage parlor that is the site of prostitution activity. with a bar,
if illegal activity occurs, the State Liquor Authority can revoke the
license and the restaurant or bar cannot serve alcoholic beverages at
such premises, hence the business fails. With massage therapists, the
person is licensed, not the location, so therefore under current law,
it is more difficult to close down the establishment in which
prostitution is occurring under the cover of being a massage parlor.

Under this bill, if the massage therapist is arrested for
prostitution, an expedited hearing will be held to consider revoking
the license. If the massage therapist is convicted, such license is
automatically revoked. If the illegal activity occurs at the same
place of business, the State Education Department can hold a hearing
to determine if the licensed massage therapist is was involved with
such crimes or had knowledge of such crimes. If the massage therapist
works at a place in which three arrests occur, even if such licensee
is not arrested, then the Education Department may still revoke such
therapists license.

 LEGISLATIVE HISTORY :

2010 - S.6884 REFERRED TO HIGHER EDUCATION

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

S1030-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1030
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Higher Education
 

AN ACT to amend the education law, in relation to  professional  miscon
 duct  by  massage  therapists  who  allow  commission  of prostitution
 offenses
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The education law is amended by adding a new section 6509-d
 to read as follows:

 

S  6509-D. ADDITIONAL DEFINITION OF PROFESSIONAL MISCONDUCT; PROSTITU
 TION MASSAGE THERAPY. 1. NOTWITHSTANDING ANY INCONSISTENT  PROVISION  OF
 THIS  ARTICLE OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE LICENSE
 OF A PERSON TO PRACTICE MASSAGE THERAPY PURSUANT TO ARTICLE ONE  HUNDRED
 FIFTY-FIVE  OF THIS TITLE MAY BE REVOKED, SUSPENDED OR ANNULLED, OR SUCH
 PERSON  MAY  BE  SUBJECT  TO  ANY  OTHER  PENALTY  PROVIDED  IN  SECTION
 SIXTY-FIVE  HUNDRED  ELEVEN  OF  THIS  ARTICLE  IN  ACCORDANCE  WITH THE
 PROVISIONS AND PROCEDURES OF THIS ARTICLE, WHEN, (A) WITHIN ANY TWO YEAR
 PERIOD, THERE HAVE BEEN THREE OR MORE ARRESTS FOR ANY VIOLATION OF ARTI
 CLE TWO HUNDRED THIRTY (PROSTITUTION) OF THE PENAL LAW UPON ANY PREMISES
 AT WHICH THE LICENSEE REGULARLY ENGAGES IN THE PRACTICE OF  THE  PROFES
 SION  OF  MASSAGE  THERAPY;  OR  (B)  SUCH  LICENSEE IS ARRESTED FOR ANY
 VIOLATION OF ARTICLE TWO HUNDRED THIRTY (PROSTITUTION) OF THE PENAL LAW.
 2. WHEN AN ARREST FOR A VIOLATION OF ARTICLE TWO HUNDRED THIRTY OF THE
 PENAL LAW HAS TAKEN PLACE UPON THE PREMISES AT WHICH THE LICENSEE  REGU
 LARLY  ENGAGES  IN THE PRACTICE OF THE PROFESSION OF MASSAGE THERAPY, OR
 UPON THE ARREST OF A LICENSEE FOR A VIOLATION  OF  SUCH,  THE  ARRESTING
 AGENCY  SHALL  NOTIFY  THE DEPARTMENT, IN WRITING WITHIN ONE WEEK OF THE
 ARREST AND SET FORTH THEREIN THE NAME OF THE PERSON LICENSED PURSUANT TO
 ARTICLE ONE HUNDRED FIFTY-FIVE OF THIS TITLE AND THE  CIRCUMSTANCES  AND
 ARRESTEES  OF  SUCH OFFENSE. WITHIN TWO WEEKS OF THE RECEIPT OF ANY SUCH
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05012-01-1
 
       S. 1030                             2
 NOTICE, THE DEPARTMENT SHALL CAUSE A HEARING  TO  BE  HELD  PURSUANT  TO
 SECTION  SIXTY-FIVE  HUNDRED  TEN OF THIS ARTICLE UPON THE FACTS OF SUCH
 ARREST AND THE LICENSEE'S  INVOLVEMENT  OR  KNOWLEDGE  OF  THE  CRIMINAL
 ACTIVITY.  UPON RECEIPT AND REVIEW OF ANY NOTICE PURSUANT TO THIS SUBDI
 VISION  THE  DEPARTMENT  SHALL PROVIDE NOTICE TO THE APPROPRIATE PARTIES
 THAT SUCH PREMISES ARE A NUISANCE PURSUANT TO TITLE TWO OF ARTICLE TWEN
 TY-THREE OF THE PUBLIC HEALTH LAW, ARTICLE TEN OF THE MULTIPLE  DWELLING
 LAW,  SECTION  SEVEN  HUNDRED  FIFTEEN  OF THE REAL PROPERTY ACTIONS AND
 PROCEEDINGS LAW, AND/OR PARAGRAPH THREE OF SUBDIVISION B OF SECTION  TWO
 HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW.
 3.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF THIS ARTICLE OR ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, THE LICENSE OF A PERSON TO PRAC
 TICE MASSAGE THERAPY PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FIVE OF  THIS
 TITLE  SHALL BE REVOKED BY THE BOARD OF REGENTS WHEN, (A) WITHIN ANY TWO
 YEAR PERIOD, THERE HAVE BEEN  THREE  OR  MORE  CONVICTIONS  OF  OFFENSES
 DEFINED  IN  ARTICLE  TWO HUNDRED THIRTY OF THE PENAL LAW ARISING OUT OF
 THREE OR MORE SEPARATE OCCASIONS WHICH WERE COMMITTED UPON  PREMISES  AT
 WHICH  THE  LICENSEE REGULARLY ENGAGES IN THE PRACTICE OF THE PROFESSION
 OF MASSAGE THERAPY; OR (B)  THE  LICENSEE  HAS  BEEN  CONVICTED  OF  ANY
 OFFENSE  DEFINED  IN  ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW.  UPON
 SUCH A REVOCATION THE DEPARTMENT SHALL PROVIDE NOTICE TO THE APPROPRIATE
 PARTIES THAT SUCH PREMISES ARE A NUISANCE PURSUANT TO TITLE TWO OF ARTI
 CLE TWENTY-THREE OF THE PUBLIC HEALTH LAW, ARTICLE TEN OF  THE  MULTIPLE
 DWELLING LAW, SECTION SEVEN HUNDRED FIFTEEN OF THE REAL PROPERTY ACTIONS
 AND  PROCEEDINGS LAW, AND/OR PARAGRAPH THREE OF SUBDIVISION B OF SECTION
 TWO HUNDRED THIRTY-THREE OF THE REAL PROPERTY LAW.
 

S 2. This act shall take effect immediately and shall apply to  crimi
 nal offenses committed on or after such date.

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