NY State Senate Bill 2015-S6777

Senate Bill S6777

2015-2016 Legislative Session

Relates to expanding the definition of massage therapy to include additional related services and to require the licensee of a massage therapy location to be on premises at all times during business hours

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 19, 2016	referred to higher education

2015-S6777 (ACTIVE) - Details

See Assembly Version of this Bill:: A8717
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§7802 & 7801, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A2839
2019-2020: A2890

2015-S6777 (ACTIVE) - Summary

2015-S6777 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6777

 TITLE OF BILL :  An act to amend the education law, in relation to
expanding the definition of massage therapy to include other related
services  and requiring the licensee of a massage therapy location be
on the premises at all times during business hours

 PURPOSE :

This bill seeks to expand the definition of massage therapy to include
additional related services and to require the holder of a massage
therapy license to by on premises at all times during business hours.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends chapter 230 of the laws of 1997 and
provides that the massage therapist license holder shall be on
premises at all times during business hours and only the licensee
shall engage in a physical touching of customers.

Section 2 amends the education law and expands on the definition of
massage therapy and includes additional terms such as table shower,
hot towel massage, shiatsu/deep tissue massage, oil massage, body
slide and body rub.

Section 3 describes the effective date.

 JUSTIFICATION :

There has been a substantial increase in the amount of massage parlors
that have set up shop under the guise of 'massage therapists' and
promoting prostitution and illegal sexual activities.  Many of these
shops are unlicensed and do not fall under the purview of the State
Department of Education. By expanding the definition of "massage
therapist" and requiring educational requirements to be licensed and
continuing education to maintain the license, this bill seeks to
require unlicensed massage parlors to be licensed as a deterrent to
those who simply open a massage parlor in a store front and are
unlicensed.

This bill goes one step further and requires that the license holder
be present on premises at all times during business hours. Also, only
a licensed massage therapist may engage in any physical form of
contact with customers.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

To Be Determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S6777 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6777

                            I N  S E N A T E

                            February 19, 2016
                               ___________

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, in relation to  expanding  the  defi-
  nition  of  massage  therapy  to  include other related services   and
  requiring the licensee of a massage therapy location be on  the  prem-
  ises at all times during business hours

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. 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". 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.
  2. THE LICENSEE OF A MASSAGE THERAPY LOCATION SHALL BE ON THE PREMISES
AT ALL TIMES DURING BUSINESS HOURS AND ONLY A PERSON LICENSED OR AUTHOR-
IZED TO PRACTICE MASSAGE THERAPY, BODY MASSAGE OR  MASSAGE  PURSUANT  TO
THIS CHAPTER SHALL CONDUCT ANY FORM OF PHYSICAL TOUCHING OF CUSTOMERS.
  S  2.  Section 7801 of the education law, as amended by chapter 230 of
the laws of 1997, is amended to read as follows:
  S 7801. Definition of practice of massage therapy. The practice of the
profession of massage therapy is  defined  as  engaging  in  applying  a
scientific  system  of  activity  to the muscular structure of the human
body by means of stroking, kneading,  tapping  and  vibrating  with  the
hands  or  vibrators for the purpose of improving muscle tone and circu-
lation. FOR THE PURPOSES OF THIS ARTICLE THE FOLLOWING  PRACTICES  SHALL
CONSTITUTE  THE  PRACTICE  OF MASSAGE OR MASSAGE THERAPY AND MAY ONLY BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13476-02-6

S. 6777                             2

PERFORMED BY A PERSON LICENSED PURSUANT TO THIS CHAPTER:  TABLE  SHOWER,
HOT  TOWEL MASSAGE, SHIATSU/DEEP TISSUE MASSAGE, OIL MASSAGE, BODY SLIDE
AND BODY RUB.
  S 3. This act shall take effect immediately.

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