NY State Senate Bill 2015-S5113A

Senate Bill S5113A

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Assembly 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2016	referred to higher education delivered to assembly passed senate
May 23, 2016	advanced to third reading
May 18, 2016	2nd report cal.
May 17, 2016	1st report cal.926
Jan 06, 2016	referred to higher education returned to senate died in assembly
Jun 15, 2015	referred to higher education delivered to assembly passed senate
Jun 08, 2015	advanced to third reading
Jun 03, 2015	2nd report cal.
Jun 02, 2015	1st report cal.1288
May 28, 2015	print number 5113a
May 28, 2015	amend and recommit to higher education
May 01, 2015	referred to higher education

Votes

- May 24, 2016 - Floor Vote
  S5113A
  
  58
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 24, 2016
      
      aye (58)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Perkins
      
      excused (4)
      
      Diaz
      
      Nozzolio
      
      Panepinto
      
      Seward
  Jun 15, 2015 - Floor Vote
  S5113A
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2015
      
      aye (61)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (1)
      
      Perkins
      
      excused (1)
      
      Libous
  May 17, 2016 - Higher Education Committee Vote
  S5113A
  
  16
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: May 17, 2016
      
      aye (16)
      
      Croci
      
      Espaillat
      
      Funke
      
      Gallivan
      
      Griffo
      
      Krueger
      
      LaValle
      
      Ortt
      
      Parker
      
      Peralta
      
      Ritchie
      
      Robach
      
      Serino
      
      Stavisky
      
      Valesky
      
      Venditto
      
      aye wr (1)
      
      Rivera
      
      excused (2)
      
      Breslin
      
      Seward
  Jun 2, 2015 - Higher Education Committee Vote
  S5113A
  
  15
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: Jun 2, 2015
      
      aye (15)
      
      Breslin
      
      Croci
      
      Espaillat
      
      Funke
      
      Gallivan
      
      Griffo
      
      LaValle
      
      Ortt
      
      Parker
      
      Peralta
      
      Ritchie
      
      Robach
      
      Serino
      
      Seward
      
      Valesky
      
      nay (1)
      
      Krueger
      
      aye wr (2)
      
      Rivera
      
      Stavisky

Bill Amendments

Original

A (Active)

2015-S5113 - Details

See Assembly Version of this Bill:: A7572
Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6512 & 6513, Ed L; amd §400, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2488, A4433
2019-2020: S3714, A5507

2015-S5113 - Summary

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

2015-S5113 - Sponsor 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.

2015-S5113 - Bill Text download pdf

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

                                  5113

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10749-01-5

S. 5113                             2

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.

co-Sponsors

2015-S5113A (ACTIVE) - Details

See Assembly Version of this Bill:: A7572
Current Committee:: Assembly Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6512 & 6513, Ed L; amd §400, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2488, A4433
2019-2020: S3714, A5507

2015-S5113A (ACTIVE) - Summary

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

2015-S5113A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5113A

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.

2015-S5113A (ACTIVE) - Bill Text download pdf

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

                                 5113--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 1, 2015
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10749-02-5

S. 5113--A                          2

  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 ONE OF THE EDUCATION LAW.
  S 4. This act shall take effect immediately.

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