Requires massage therapists to include license numbers in advertising.
TITLE OF BILL: An act to amend the general business law, in relation to requiring massage therapists to include license numbers in advertising
PURPOSE OR GENERAL IDEA OF BILL: To ensure that any individual, firm, Corporation, association, or agent or employee thereof who advertises, circulates or places before the public their advertisements, is indeed a licensed dealer in the field.
SUMMARY OF SPECIFIC PROVISIONS: Section 396-b of the general business law, as added by chapter 1031 of the laws of 1965 is amended so that every individual, firm, corporation or association, or agent or employee would now include their license numbers in any advertisement that they either directly or indirectly publish or circulate before the public.
JUSTIFICATION: This legislation is another critical step towards ending sex trafficking in New York. By requiring ads for massages and body rubs to include their license number, we can affirm that an individual, firm, or corporation is a legitimate provider of services. This legislation does not apply a heavy burden on business, but will be integral in combating sex trafficking. Currently, plumbers and contractors have to provide their license numbers on such advertisements.
PRIOR LEGISLATIVE HISTORY: This bill was previously introduced in the Assembly.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the sixtieth day after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 3453 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to requiring massage therapists to include license numbers in advertising THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 396-b of the general business law, as added by chapter 1031 of the laws of 1965, is amended to read as follows: S 396-b. Advertisements. 1. Any person, firm, corporation or associ- ation, or agent or employee thereof, hereinafter called person, who, being engaged in the business of dealing in any property, makes, publishes, disseminates, circulates or places before the public or caus- es, directly or indirectly, to be made, published, disseminated, circu- lated or placed before the public, in this state, any advertisement respecting any such property, in any newspaper, magazine, or other publication, or over any radio station or television station, unless it is stated in any such advertisement that the advertiser is a dealer in such property or from the context of any such advertisement, it plainly appears that such person is a dealer in such property so offered for sale in any such advertisement; or when placing or causing any such advertisement to appear in any newspaper, magazine or other publication or radio or television station as described in this section, if requested by the publisher of any such newspaper, magazine or other publication or owner or operator of such radio or television station or any agent or representative thereof to file with such owner or operator, publisher, agent or representative thereof his true name, or where he is transacting business under a name other than the true name pursuant to law, then the name under which such business is transacted, and each business address wherein any business is transacted by him, in the class of property advertised or to be advertised for sale in such advertise- ment, shall make any false statement in relation to any of such items;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02960-01-3 S. 3453 2
or if requested by the publisher of any such newspaper, magazine or other publication or owner or operator of such radio or television station or any agent or representative thereof to file with such owner, operator, publisher, agent or representative thereof a statement showing whether he is causing such advertisement to appear or is offering to make such sale or disposition or transaction, as herein set forth, as principal or agent, and if as agent, to set forth such information as is specified in this section, in relation to his principal as well as in relation to himself, shall make any false statement in relation to any of such items; is guilty of a misdemeanor. 2. ANY PERSON SUBJECT TO THE PROVISIONS OF ARTICLE ONE HUNDRED FIFTY- FIVE OF THE EDUCATION LAW AND ENGAGED IN THE BUSINESS OF PROVIDING MASSAGE THERAPY, WHO MAKES, PUBLISHES, DISSEMINATES, CIRCULATES OR PLAC- ES BEFORE THE PUBLIC OR CAUSES, DIRECTLY OR INDIRECTLY, TO BE MADE, PUBLISHED, DISSEMINATED, CIRCULATED OR PLACED BEFORE THE PUBLIC IN THIS STATE, IN ANY NEWSPAPER, MAGAZINE, OR OTHER PUBLICATION, AN ADVERTISE- MENT RESPECTING SUCH MASSAGE SERVICES, SHALL INCLUDE IN SUCH ADVERTISE- MENT HIS OR HER LICENSE NUMBER. S 2. This act shall take effect on the sixtieth day after it shall have become a law.