This bill has been amended

Bill S5113-2015

Relates to the unauthorized practice of a profession, the unauthorized use of a professional title and the practice of esthetics

Relates to the unauthorized practice of a profession, the unauthorized use of a professional title and the practice of esthetics.

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  • May 1, 2015: REFERRED TO HIGHER EDUCATION

Memo

BILL NUMBER:S5113

TITLE OF BILL: An act to amend the education law, in relation to the unauthorized practice of a profession and the unauthorized use of a professional title; and to amend the general business law, in relation to the practice of esthetics

PURPOSE: To reduce the minimum number of persons someone may aid or abet in the use of a professional title and to clarify that the practice of esthetics does not include massage therapy.

SUMMARY OF PROVISIONS:

Sections 1 and 2. Amend the general provisions of Title 8 of the education law to reduce the number of persons someone may aid or abet in the use of a professional title before they may be guilty of a Class E felony from 3 to 1.

Section 3. Clarifies that the practice of esthetics does not include the practice of massage therapy.

JUSTIFICATION: The unlicensed practice of a profession is a serious crime. Licensure and regulation by the State Education Department of the Title 8 professions is primarily designed to protect the public by holding professionals to the highest possible standards. Essential to the protection of the public is ensuring that consumers and the general public receive services from licensed professionals who are appropriately educated, credentialed and practicing within their defined scope of practice.

Current law dictates that a person has to knowingly aid or abet at least three individuals in the unauthorized use of a professional title before he or she can be found guilty of a Class E felony. A person who knowingly aids or abets one or two individuals is also deliberately taking measures that could endanger public welfare. As such, these individuals should also face tough criminal penalties.

Additionally, the practice of illegal massage is a particularly widespread problem in the downstate region. It is alleged that many beauty parlors, which are allowed to practice massage but not massage therapy, have undertaken practices through their masseuses that are tantamount to illegal practice of massage therapy. This bill would amend the general business law to clarify that the practice of esthetics does not include massage therapy as such term is used in the education law.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5113 2015-2016 Regular Sessions IN SENATE May 1, 2015 ___________
Introduced by Sen. LAVALLE -- 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 the unauthorized prac- tice of a profession and the unauthorized use of a professional title; and to amend the general business law, in relation to the practice of esthetics 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. Subdivision 6 of section 400 of the general business law, as added by chapter 509 of the laws of 1992, is amended to read as follows: 6. The practice of "esthetics" means providing for a fee, or any consideration or exchange, whether direct or indirect, services to enhance the appearance of the face, neck, arms, legs, and shoulders of a
human being by the use of compounds or procedures including makeup, eyelashes, depilatories, tonics, lotions, waxes, sanding and tweezing, whether performed by manual, mechanical, chemical or electrical means and instruments but shall not include the practice of electrology OR THE PRACTICE OF MASSAGE THERAPY, AS SUCH TERM IS DEFINED IN SECTION SEVEN- TY-EIGHT HUNDRED FIVE OF THE EDUCATION LAW. S 4. This act shall take effect immediately.

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