New York S 5787: Relates to the unauthorized or unlicensed practice of massage therapy

Bill Text

STATE OF NEW YORK
________________________________________________________________________
5787
2023-2024 Regular Sessions
IN SENATE
March 16, 2023
___________
Introduced by Sens. SALAZAR, BRISPORT, CLEARE, JACKSON, RAMOS, SEPULVEDA
-- 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 or
unlicensed 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 1 of section 6512 of the education law, as
2 amended by chapter 644 of the laws of 1979, is amended and a new subdi-
3 vision 3 is added to read as follows:
4 1. Anyone not authorized to practice under this title who practices or
5 offers to practice or holds [ ] out as being able tohimself themselves
6 practice in any profession in which a license is a prerequisite to the
7 practice of the acts, or who practices any profession as an exempt
8 person during the time when [ ] professional license ishis their
9 suspended, revoked or annulled, or who aids or abets an unlicensed
10 person to practice a profession, or who fraudulently sells, files,
11 furnishes, obtains, or who attempts fraudulently to sell, file, furnish
12 or obtain any diploma, license, record or permit purporting to authorize
13 the practice of a profession, shall be guilty of a class E felony.
14 3. Neither the unauthorized or unlicensed practice of massage therapy
15 under article one hundred fifty-five of this title, nor the aiding or
16 abetting of unauthorized or unlicensed practice of massage therapy under
17 article one hundred fifty-five of this title, shall be a violation of
18 this section.
19 § 2. Section 6513 of the education law is amended by adding a new
20 subdivision 3 to read as follows:
21 3. Neither the unauthorized or unlicensed practice of massage therapy
22 under article one hundred fifty-five of this title, nor the aiding or
23 abetting of unauthorized or unlicensed practice of massage therapy under
24 article one hundred fifty-five of this title, shall be a violation of
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD02290-01-3

S. 5787 2
1 this section. Neither the unauthorized or unlicensed use of the titles
2 "masseur," "masseuse," or "massage therapist" prohibited in section
3 seventy-eight hundred two of this title, nor the description, advertise-
4 ment, or placement of an advertisement of services defined in section
5 seventy-eight hundred one of this title where the services are performed
6 by someone unauthorized or unlicensed to practice such services, prohib-
7 ited by section seventy-eight hundred two of this title, shall be a
8 violation of this section.
9 § 3. Subdivision 2 of section 6514 of the education law, as amended by
10 chapter 257 of the laws of 1996, is amended to read as follows:
11 2. The attorney general shall prosecute such alleged offenses in the
12 name of the state[, provided, however, in the event of alleged
13 violations of article one hundred fifty-five of this title, a district
14 attorney may prosecute such alleged offenses in the name of the state
15 provided, however, that any district attorney may prosecute such
16 offenses where they are incidental to a criminal prosecution instituted
17 ].by him under other statutes
18 § 4. Section 6515 of the education law, as amended by chapter 615 of
19 the laws of 2003, is amended to read as follows:
20 § 6515. Restraint of unlawful acts. Where a violation of this title is
21 alleged to have occurred, the attorney general[ ] the department [, or or,
22 in the event of alleged violations of article one hundred fifty-five of
23 this title occurring in cities having a population of one million or
24 ] may apply to the supreme court within themore, the corporation counsel
25 judicial district in which such violation is alleged to have occurred
26 for an order enjoining or restraining commission or continuance of the
27 unlawful acts complained of. The remedy provided in this section shall
28 be in addition to any other remedy provided by law or to the proceedings
29 commenced against a licensee under this title.
30 § 5. Subdivision 3 of section 6516 of the education law, as added by
31 chapter 615 of the laws of 2003, is amended to read as follows:
32 3. Civil penalties. Civil penalties up to five thousand dollars may be
33 imposed for each violation of section sixty-five hundred twelve or
34 and the respondent may besixty-five hundred thirteen of this article
35 ordered to make restitution to any person who has an interest in any
36 money or property, either real or personal, acquired by the respondent
37 as a result of a violation. Whenever the department concludes that civil
38 penalties and/or restitution may be warranted because of the egregious-
39 ness of the unlawful activity, it may serve, along with the cease and
40 desist