Bill S3401-2013

Relates to the unlicensed practice of massage therapy and authorizes municipalities to permit massage therapy at street fairs

Relates to the unlicensed practice of massage therapy and authorizes municipalities to permit massage therapy at street fairs and public parks.

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  • Jan 8, 2014: REFERRED TO HIGHER EDUCATION
  • Feb 1, 2013: REFERRED TO HIGHER EDUCATION

Memo

BILL NUMBER:S3401

TITLE OF BILL: An act to amend the education law and the general municipal law, in relation to the practice of massage therapy

PURPOSE: To enforce greater penalization toward unlicensed individuals who practice such profession when not authorized; to hold those further accountable for the abatement or employment of such unlicensed individuals; and to create and authorize permits for the practice of licensed therapeutic services in parks and at street fairs.

SUMMARY OF PROVISIONS:

Section 1: Section 6512, subdivision 2, of the education law is amended to hold an entity responsible for the abatement or employment of one or more unlicensed persons who conduct the services of an authorized profession, and subject them to a class E felony.

Section 2: Section 6513, subdivision 2, of the education law is amended to hold an entity responsible for the employment or abatement of one or more persons not authorized to use a professional title regulated by this title, and subject them to a class E felony.

Section 3: Section 7802 of the education law is amended to justify only certified and licensed massage therapists are legally authorized to perform such services as defined by the profession, otherwise those who are not authorized and practice such profession are subjected to a class E felony. Additionally, such person, firm, partnership or corporation advertising such services shall hire a person licensed or authorized, otherwise the contract of a non-licensed individual shall lead to a class E felony and subjection of an immediate audit by the New York State Department of Taxation and Finance and by the local taxing authority.

Section 5: Section 86-b is added to the general municipal law to authorize street fair and public park massage therapy permits for those certified and licensed in the profession of massage therapy. An organization that allows, permits, leases or rents space at a street fair or public park is to be held responsible for ensuring that any vendor proposing to perform any massage therapy services can provide a valid and insured proof of license prior to the event and present such proof on the day of the event. An organization found in violation of such requirements is subjected to an audit by the New York state Department of Taxation and Finance and the local taxing authority. Fines and penalties will be determined by the municipal corporation that authorizes such street fair and public park massage therapy.

Section 6: Defines effective date of bill.

JUSTIFICATION: There is an immediate risk to one's health when massage therapeutic services are performed by an unlicensed individual. The

scientific system of activity of the muscular structure of the human body requires the application of certifiable and licensed therapeutic techniques when kneeding, tapping and vibrating from the hands seeks to improve muscle tone and circulation. When these services are performed by an unlicensed individual, cramps and' other inflicted pain on one's muscles can adversely impact the circulation in one's body. Because this is a problematic issue, greater restrictions and enforcement is needed throughout the State to hold those criminally accountable who are not authorized, certified or licensed to perform such services on other people. Greater enforcement and regulation of the massage therapy profession will keep the health of the public a priority.

The additional authorization for licensed and certified massage therapists to perform therapeutic services in parks and street fairs with a permit will provide for the generation of revenues and greater awareness of the potential benefits one experiences by receiving professional massage therapeutic services. additionally, enactment of this bill ensures the massage therapy profession is no longer tarnished by those individuals not authorized and licensed.

LEGISLATIVE HISTORY: S. 6072-B - Referred to Higher Education

FISCAL IMPLICATIONS: None; however, revenues are to be generated through permit fees for authorized practice in parks and at street fairs.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it becomes a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3401 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________
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: 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. S 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. S 3. Section 7802 of the education law, as amended by chapter 230 of the laws of 1997, is amended to read as follows: S 7802. Practice of massage therapy and use of title "masseur", "masseuse" or "massage therapist" or the term "massage" or "massage therapy". 1. Only a person licensed or authorized pursuant to this chap- ter shall practice massage therapy and only a person licensed under this article shall use the title "masseur", "masseuse" or "massage thera-
pist". ANY PERSON WHO IS CERTIFIED, BUT NOT LICENSED PURSUANT TO THIS CHAPTER TO PRACTICE MASSAGE THERAPY SHALL NOT BE AUTHORIZED TO PRACTICE MASSAGE THERAPY NOR USE THE TITLE "MASSEUR", "MASSEUSE" OR "MASSAGE THERAPIST". ANY PERSON PERFORMING THE SERVICES DEFINED IN SECTION SEVEN- TY-EIGHT HUNDRED ONE OF THIS ARTICLE WITHOUT A LICENSE PURSUANT TO THIS ARTICLE SHALL BE GUILTY OF A CLASS E FELONY, REGARDLESS OF WHAT SUCH SERVICES ARE BEING CALLED. 2. (A) No person, firm, partnership or corporation claiming to be engaged in the practice of massage or massage therapy shall in any manner describe, advertise, or place any advertisement for services as defined in section seventy-eight hundred one of this article unless such services are performed by a person licensed or authorized pursuant to this chapter. (B) SUCH A PERSON, FIRM, PARTNERSHIP OR CORPORATION ADVERTISING SERVICES DEFINED IN SECTION SEVENTY-EIGHT HUNDRED ONE OF THIS ARTICLE SHALL HIRE A PERSON LICENSED OR AUTHORIZED UNDER THIS ARTICLE TO PRAC- TICE MASSAGE THERAPY. 3. (A) ANY PERSON, FIRM, PARTNERSHIP OR CORPORATION THAT HIRES OR CONTRACTS A NON-LICENSED INDIVIDUAL TO PROVIDE ANY SERVICES DEFINED IN SECTION SEVENTY-EIGHT HUNDRED ONE OF THIS ARTICLE SHALL BE GUILTY OF A CLASS E FELONY AND SHALL BE SUBJECT TO AN IMMEDIATE AUDIT BY THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE AND BY THE LOCAL TAXING AUTHORITY. (B) ANYONE WHO KNOWINGLY AIDS OR ABETS ONE OR MORE UNLICENSED PERSONS TO PRACTICE MASSAGE THERAPY OR HOLDS SUCH UNLICENSED PERSONS OUT AS BEING ABLE TO PRACTICE MASSAGE THERAPY, OR WHO KNOWINGLY AIDS OR ABETS ONE OR MORE PERSONS TO PRACTICE MASSAGE THERAPY AS EXEMPT PERSONS DURING THE TIME WHEN THE LICENSES OF SUCH PERSONS ARE SUSPENDED, REVOKED OR ANNULLED, SHALL BE GUILTY OF A CLASS E FELONY. 4. ENFORCEMENT OF THIS SECTION SHALL BE UNDERTAKEN BY THE LOCAL LAW ENFORCEMENT AUTHORITY, THE DEPARTMENT OF HEALTH, BUILDING AND CODE ENFORCEMENT AGENCIES, TRAFFIC POLICE AND/OR SPECIAL POLICE. S 4. Section 7804 of the education law, as amended by chapter 230 of the laws of 1997, is amended to read as follows: S 7804. Requirements for a professional license. (A) To qualify for a license as a massage therapist, masseur or masseuse, an applicant shall fulfill the following requirements: (1) Application: file an application with the department; (2) Education: have received an education, including high school grad- uation and graduation from a school or institute of massage therapy with a program registered by the department, or its substantial equivalent in both subject matter and extent of training, provided that the program in such school or institute shall consist of classroom instruction of a total of not less than five hundred hours in subjects satisfactory to the department; (3) Examination: pass [an examination satisfactory to the board and in accordance with the commissioner's regulations] THE NEW YORK STATE MASSAGE THERAPY EXAMINATION; (4) Age: be at least eighteen years of age; (5) Citizenship or immigration status: be a United States citizen or an alien lawfully admitted for permanent residence in the United States; (6) Character: be of good moral character as determined by the depart- ment; [and] (7) Fees: pay a fee of one hundred fifteen dollars to the department for admission to a department conducted examination and for an initial license, a fee of forty-five dollars for each reexamination, a fee of
fifty dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of fifty dollars for each triennial registration period. ANY PERSON WHO HOLDS A LICENSE AS A MASSAGE THERAPIST, MASSEUR OR MASSEUSE WHO FAILS TO PAY FEES AS SET FORTH IN THIS PARAGRAPH IN A TIMELY MANNER SHALL HAVE HIS OR HER LICENSE REVOKED UNTIL THE TIME WHEN SUCH FEES ARE PAID; AND (8) CONTINUING EDUCATION. COMPLETE COURSES IN CONTINUING EDUCATION PURSUANT TO SECTION SEVENTY-EIGHT HUNDRED SEVEN OF THIS ARTICLE. (B) A LICENSE AS A MASSAGE THERAPIST, MASSEUR OR MASSEUSE ISSUED TO QUALIFIED APPLICANTS PURSUANT TO THIS SECTION SHALL BE DISPLAYED AT ALL TIMES AT THE PLACE OF BUSINESS OF SUCH MASSAGE THERAPIST, MASSEUR OR MASSEUSE AND SHALL HAVE A PHOTOGRAPH OF SUCH MASSAGE THERAPIST, MASSEUR OR MASSEUSE AFFIXED THERETO. S 5. The general municipal law is amended by adding a new section 86-b to read as follows: S 86-B. STREET FAIR AND PUBLIC PARK MASSAGE THERAPY AUTHORIZED. 1. THE GOVERNING BOARD OF A MUNICIPAL CORPORATION MAY AUTHORIZE AND PERMIT THE SALE OF LICENSED MASSAGE THERAPY, AS SUCH TERM IS DEFINED PURSUANT TO SECTION SEVENTY-EIGHT HUNDRED ONE OF THE EDUCATION LAW, AT STREET FAIRS AND PUBLIC PARKS WITH THE PERMITTING FEES TO BE ESTABLISHED AND COLLECTED BY SUCH MUNICIPAL CORPORATION. 2. ANY ORGANIZATION THAT ALLOWS, PERMITS, LEASES OR RENTS SPACE AT A STREET FAIR OR PUBLIC PARK, PURSUANT TO THIS SECTION, SHALL BE RESPONSI- BLE FOR ENSURING THAT ANY VENDOR PROPOSING TO PERFORM ANY MASSAGE THERA- PY SERVICES, AS SUCH TERM IS DEFINED PURSUANT TO SECTION SEVENTY-EIGHT HUNDRED ONE OF THE EDUCATION LAW, IS TO PROVIDE A VALID AND INSURED PROOF OF LICENSE PRIOR TO THE EVENT AND PRESENT SUCH PROOF ON THE DAY OF THE EVENT AS ALSO REQUIRED FOR TAX AND VENDOR IDENTIFICATIONS. 3. ANY ORGANIZATION FOUND IN VIOLATION OF SUBDIVISION TWO OF THIS SECTION SHALL BE SUBJECT TO FINES, PENALTIES AND MAY BE SUBJECTED TO AN AUDIT BY THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE AND THE LOCAL TAXING AUTHORITY. SUCH FINES AND PENALTIES SHALL BE DETERMINED BY THE MUNICIPAL CORPORATION THAT AUTHORIZES SUCH STREET FAIR AND PUBLIC PARK MASSAGE THERAPY. S 6. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amend- ment and/or repeal of any rule or regulation necessary for the implemen- tation of this act on its effective date is authorized to be made on or before such date.

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