S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8548
 
                             I N  S E N A T E
 
                             February 13, 2024
                                ___________
 
 Introduced  by  Sen. ADDABBO -- 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  providing  for
   licensure of a massage therapy establishment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new article
 30-C to read as follows:
                                ARTICLE 30-C
                   MASSAGE THERAPY ESTABLISHMENT LICENSE
 
 SECTION 646. LEGISLATIVE PURPOSE.
         646-A. DEFINITIONS.
         646-B. ESTABLISHMENT LICENSURE REQUIRED.
         646-C. INITIAL APPLICATION FOR LICENSURE.
         646-D. RENEWAL AND REINSTATEMENT.
         646-E. RECORD RETENTION.
         646-F. ESTABLISHMENT STANDARDS.
         646-G. INSPECTIONS.
         646-H. GROUNDS FOR DISCIPLINARY ACTION.
   § 646. LEGISLATIVE PURPOSE. THE PURPOSE OF THIS ARTICLE IS  TO  ESTAB-
 LISH  STANDARDS  FOR  APPLYING  FOR  LICENSURE  AND OPERATING A BUSINESS
 OFFERING LICENSED MASSAGE THERAPY EITHER AS A  STANDALONE  ESTABLISHMENT
 OR  WITHIN  AN  EXISTING  BUSINESS,  TO  PROTECT THE HEALTH, SAFETY, AND
 WELFARE OF THE PUBLIC BY PROMOTING MINIMUM STANDARDS FOR MASSAGE THERAPY
 ESTABLISHMENTS THROUGHOUT THE STATE OF NEW YORK.
   § 646-A. DEFINITIONS. FOR PURPOSES  OF  THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "ADULT ENTERTAINMENT VENUE" MEANS ANY ESTABLISHMENT WHICH DISPLAYS
 LIVE ENTERTAINMENT, INCLUDING BUT NOT LIMITED TO PERSONS OR ENTERTAINERS
 APPEARING IN A STATE OF NUDITY OR OTHER LIVE PERFORMANCE,  DISTINGUISHED
 BY AN EMPHASIS ON DEPICTING, DESCRIBING OR RELATING TO SEXUAL CONDUCT OR
 SEXUAL EXCITEMENT. "ADULT ENTERTAINMENT VENUE" SHALL INCLUDE, BUT NOT BE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14453-02-4
              

 S. 8548                             2
 
 LIMITED  TO,  A NIGHTCLUB, BAR, RESTAURANT, TAVERN, DANCE HALL, STAGE OR
 OTHER PERFORMANCE VENUE.
   2.  "CHAIR  MASSAGE"  MEANS  MASSAGE  THERAPY  THAT  IS PERFORMED ON A
 CLOTHED, SEATED CLIENT AND SHALL NOT INCLUDE MASSAGE  THERAPY  PERFORMED
 IN A RECLINING OR PRONE POSITION.
   3.  "ESTABLISHMENT"  MEANS  ANY  LOCATION,  OR  PORTION THEREOF, WHERE
 MASSAGE THERAPY SERVICES ARE ADVERTISED AND PROVIDED BY A MASSAGE THERA-
 PIST DULY LICENSED PURSUANT TO ARTICLE ONE  HUNDRED  FIFTY-FIVE  OF  THE
 EDUCATION LAW.
   4.  "OPERATOR" MEANS AN INDIVIDUAL WHO, BY SUCH INDIVIDUAL'S DIRECTION
 OR CONTROL, ALLOWS MASSAGE THERAPY TO BE  OFFERED  FOR  COMPENSATION  ON
 PREMISES  OWNED,  LEASED  OR  CONTROLLED BY SUCH INDIVIDUAL OR AN ENTITY
 CONTROLLED BY SUCH INDIVIDUAL. FOR THE PURPOSES OF SUBDIVISION  FIVE  OF
 SECTION  SIX  HUNDRED  FORTY-SIX-B  OF THIS ARTICLE, A MASSAGE THERAPIST
 PRACTICING ALONE SHALL BE CONSIDERED AN OPERATOR.
   5. "BOARD" MEANS THE STATE BOARD FOR MASSAGE THERAPY.
   § 646-B. ESTABLISHMENT LICENSURE REQUIRED. 1. MASSAGE THERAPY, INCLUD-
 ING THE PROVISION OF OUT OF OFFICE MASSAGE THERAPY SERVICES, SHALL  ONLY
 BE  DELIVERED OR OFFERED AT ANY LOCATION OR PORTION THEREOF COVERED BY A
 VALID MASSAGE THERAPY ESTABLISHMENT  LICENSE  ISSUED  PURSUANT  TO  THIS
 ARTICLE OR OTHERWISE EXEMPTED FROM LICENSURE PURSUANT TO SUBDIVISION SIX
 OF THIS SECTION.
   2.  EACH  MASSAGE THERAPY ESTABLISHMENT IN THE STATE OF NEW YORK SHALL
 BE LICENSED BY THE BOARD BEFORE PROVIDING OR OFFERING TO PROVIDE MASSAGE
 THERAPY AND SHALL  ANNUALLY  RENEW  ITS  LICENSE  USING  AN  APPLICATION
 PROVIDED  BY  THE  BOARD,  UNLESS  THERE  IS  A  CHANGE  IN OWNERSHIP OR
 LOCATION.
   3. THE RESPONSIBILITY FOR OBTAINING A  MASSAGE  THERAPY  ESTABLISHMENT
 LICENSE SHALL REST WITH THE OPERATOR OF THE LOCATION.
   4.  FAILURE TO OBTAIN A MASSAGE THERAPY ESTABLISHMENT LICENSE SHALL BE
 CONSIDERED UNLICENSED PRACTICE AND SUBJECT TO THE PROVISIONS OF  ARTICLE
 ONE  HUNDRED  THIRTY  OF THE EDUCATION LAW, UNLESS OTHERWISE EXEMPTED BY
 LAW.
   5. WITH REGARD TO THE NUMBER OF LICENSES  REQUIRED  FOR  TWO  OR  MORE
 ESTABLISHMENTS  AT  THE SAME ADDRESS, EACH MASSAGE THERAPY ESTABLISHMENT
 SHALL REQUIRE A SEPARATE LICENSE. THE BOARD SHALL CONSIDER THE FOLLOWING
 IN DETERMINING WHETHER TWO OR  MORE  ESTABLISHMENTS  DELIVERING  MASSAGE
 THERAPY  SERVICES  AT  THE  SAME  ADDRESS CONSTITUTE ONE OR MORE MASSAGE
 THERAPY ESTABLISHMENTS:
   (A) THE BUSINESS STRUCTURE OF EACH ESTABLISHMENT,  INCLUDING  BUT  NOT
 LIMITED TO, OVERLAP IN AREAS OF FINANCING, MANAGEMENT, OR OWNERSHIP;
   (B)  THE  RESOURCES  SHARED  BY THE ESTABLISHMENTS, INCLUDING, BUT NOT
 LIMITED TO, OFFICE SPACE, STAFF, RECORD STORAGE AND MAINTENANCE  FACILI-
 TIES; AND
   (C)  THE  OVERALL IMPRESSION CREATED BY ADVERTISING, SIGNAGE, STATION-
 ERY, AND OFFICE LAYOUTS.
   6. (A) A MASSAGE THERAPY ESTABLISHMENT LICENSE SHALL NOT  BE  REQUIRED
 FOR THE FOLLOWING:
   (I)  ANY  FACILITY OWNED BY A HEALTHCARE PROFESSIONAL DULY LICENSED BY
 THE STATE OF NEW YORK;
   (II) BOARD APPROVED CONTINUING EDUCATION PROGRAMS AND STUDENT  CLINICS
 OPERATED BY BOARD LICENSED MASSAGE SCHOOLS;
   (III) LOCATIONS WHERE CHAIR MASSAGES ARE EXCLUSIVELY DONE; AND
   (IV)  LOCATIONS  AT WHICH MASSAGE THERAPY IS OFFERED FOR NOT MORE THAN
 TWENTY-FOUR HOURS IN A ONE-WEEK PERIOD EVERY SIX MONTHS AT A  PUBLIC  OR
 CHARITABLE EVENT WITH A PRIMARY PURPOSE UNRELATED TO MASSAGE THERAPY.
 S. 8548                             3
 
   (B)  THE  BOARD  MAY  REQUIRE ANY LOCATION AT WHICH MASSAGE THERAPY IS
 PROVIDED TO PROVIDE SATISFACTORY EVIDENCE WHY  IT  IS  ELIGIBLE  FOR  AN
 EXEMPTION  PURSUANT TO THIS SUBDIVISION. THE BURDEN OF PROVING ELIGIBIL-
 ITY FOR AN EXEMPTION SHALL REST WITH THE ENTITY CLAIMING THE EXEMPTION.
   7. MASSAGE THERAPY SHALL NOT BE DELIVERED:
   (A)  IN  ADULT  ENTERTAINMENT  VENUES  OFFERING SEXUAL SERVICES OF ANY
 KIND;
   (B) IN BARS OR NIGHTCLUBS; AND
   (C) ON THE STREETS OR SIDEWALKS.
   § 646-C. INITIAL APPLICATION  FOR  LICENSURE.  1.  APPLICATION  FOR  A
 MASSAGE THERAPY ESTABLISHMENT LICENSE MAY BE MADE BY AN INDIVIDUAL, SOLE
 PROPRIETORSHIP,  PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPANY, OR
 LIMITED LIABILITY PARTNERSHIP. A MASSAGE THERAPY  ESTABLISHMENT  MAY  BE
 OWNED BY AN INDIVIDUAL WHO IS NOT A LICENSED MASSAGE THERAPIST.
   2.  AN  APPLICATION  FOR A MASSAGE THERAPY ESTABLISHMENT LICENSE SHALL
 BE:
   (A) MADE ON FORMS PRESCRIBED BY, AND AVAILABLE FROM THE BOARD;
   (B) SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY BY  THE  APPLICANT
 OR A PERSON AUTHORIZED TO ACT ON BEHALF OF THE APPLICANT;
   (C)  ACCOMPANIED  BY INFORMATION CONCERNING OWNERSHIP AND CONTROL THAT
 IDENTIFIES IF THE PROPERTY WHERE THE ESTABLISHMENT IS BEING PROPOSED  IS
 OWNED  BY  AN INDIVIDUAL, PARTNERSHIP OR TRUST, AND THE NAME OR NAMES OF
 THE OWNERS AND PERCENTAGES OF OWNERSHIP OF SUCH INDIVIDUAL, PARTNERS  OR
 TRUSTEES, IN THE FOLLOWING MANNER:
   (I)  IF  OWNED  BY  A  LIMITED  PARTNERSHIP, SUCH INFORMATION SHALL BE
 PROVIDED ONLY FOR THOSE LIMITED PARTNERS OWNING FIVE PERCENT OR MORE  OF
 THE PARTNERSHIP INTEREST AND THE GENERAL PARTNER;
   (II) IF OWNED BY A FOR-PROFIT CORPORATION, THE NAMES OF ALL STOCKHOLD-
 ERS WHO HOLD FIVE PERCENT OR MORE OF ANY CLASS OF THE OUTSTANDING STOCK,
 AND SPECIFYING THE PERCENTAGE OF STOCK OWNED;
   (III)  IF  OWNED  BY  A  NOT-FOR-PROFIT  CORPORATION, THE NAMES OF THE
 MEMBERS AND DIRECTORS OF SUCH NOT-FOR-PROFIT CORPORATION; AND
   (IV) IF OWNED BY AN INDIVIDUAL OR INDIVIDUALS, THE NAME AND  OWNERSHIP
 PERCENTAGE  OF EACH INDIVIDUAL WHO DIRECTLY OR INDIRECTLY HAS ANY OWNER-
 SHIP INTEREST OF FIVE PERCENT OR MORE;
   (D) ACCOMPANIED BY ANY INFORMATION DEEMED NECESSARY BY  THE  BOARD  AS
 PART  OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, SUCH ADDITIONAL
 INFORMATION CONCERNING OWNERSHIP AND CONTROL AS THE BOARD MAY REQUIRE;
   (E) ACCOMPANIED BY THE REQUIRED NONREFUNDABLE FEES;
   (F) ACCOMPANIED BY A FLOOR PLAN THAT DEMONSTRATES COMPLIANCE WITH  THE
 SPECIFICATIONS  NECESSARY TO MEET THE MINIMUM STANDARDS REQUIRED TO MEET
 THE PUBLIC HEALTH, SAFETY AND WELFARE AS SET FORTH IN  SUBDIVISION  FOUR
 OF SECTION SIX HUNDRED FORTY-SIX-F OF THIS ARTICLE; AND
   (G)  ACCOMPANIED  BY  EVIDENCE OF SUITABILITY OF OWNERSHIP REQUIRED BY
 THE BOARD AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION.
   3. THE BOARD SHALL NOT APPROVE  AN  APPLICATION  FOR  AN  ORIGINAL  OR
 RENEWAL  LICENSE  UNLESS THE BOARD HAS CONDUCTED AN INVESTIGATION OF THE
 PROPOSED LICENSEE OR LICENSEES AND/OR OWNERS OF FIVE PERCENT OR MORE AND
 HAS DETERMINED THAT EACH PROPOSED LICENSEE  OR  OWNER  IS  SUITABLE  AND
 RESPONSIBLE TO ESTABLISH OR MAINTAIN AN ESTABLISHMENT.
   4. (A) IN DETERMINING WHETHER AN APPLICANT IS RESPONSIBLE AND SUITABLE
 TO  BE  GRANTED A MASSAGE THERAPY ESTABLISHMENT LICENSE, THE BOARD SHALL
 CONSIDER ALL RELEVANT INFORMATION INCLUDING, BUT  NOT  LIMITED  TO,  THE
 FOLLOWING:
   (I)  THE PROPOSED LICENSEE'S HISTORY OF PRIOR COMPLIANCE WITH FEDERAL,
 STATE AND LOCAL LAWS GOVERNING THE OPERATION OF MASSAGE  THERAPY  ESTAB-
 S. 8548                             4
 
 LISHMENTS AND THE PRACTICE OF MASSAGE THERAPY. ASSESSMENT OF THIS FACTOR
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE ABILITY AND WILLINGNESS OF THE
 PROPOSED LICENSEE TO TAKE CORRECTIVE ACTION WHEN NOTIFIED BY THE AUTHOR-
 ITY HAVING JURISDICTION OVER ANY REGULATORY VIOLATIONS;
   (II)  THE  HISTORY  OF  CRIMINAL  CONDUCT OF THE PROPOSED LICENSEE AND
 OWNERS, OFFICERS AND DIRECTORS, AS  EVIDENCED  BY  CRIMINAL  PROCEEDINGS
 AGAINST  THOSE  INDIVIDUALS WHICH RESULTED IN CONVICTIONS, GUILTY PLEAS,
 PLEAS OF NOLO CONTENDERE, OR ADMISSION OF SUFFICIENT FACTS; AND
   (III) THE PROPOSED LICENSEE'S  HISTORY  OF  STATUTORY  AND  REGULATORY
 COMPLIANCE  FOR MASSAGE THERAPY ESTABLISHMENTS IN OTHER JURISDICTIONS OR
 LOCALITIES, INCLUDING, BUT NOT LIMITED  TO,  PROCEEDINGS  IN  WHICH  THE
 PROPOSED  LICENSEE  WAS  INVOLVED  WHICH PROPOSED OR LED TO A LIMITATION
 UPON OR A SUSPENSION, REVOCATION, OR REFUSAL TO GRANT OR RENEW A MASSAGE
 THERAPY ESTABLISHMENT LICENSE.
   (B) IF THE BOARD RECEIVES INFORMATION ABOUT AN APPLICANT FOR A MASSAGE
 THERAPY ESTABLISHMENT LICENSE THAT REASONABLY RAISES  A  QUESTION  ABOUT
 WHETHER  SUCH  APPLICANT  IS  SUITABLE TO HOLD SUCH LICENSE OR LACKS THE
 RESPONSIBILITY TO HOLD SUCH LICENSE, THE BOARD SHALL CONDUCT  A  FURTHER
 INQUIRY  INTO THE RELEVANT FACTS AND CIRCUMSTANCES BEFORE MAKING A FINAL
 DECISION ON THE APPLICATION.
   (C) IF THE BOARD DETERMINES THAT IT IS REASONABLY  NECESSARY,  IN  ITS
 DISCRETION,  THE  BOARD  MAY  REQUIRE THE APPLICANT TO APPEAR PERSONALLY
 BEFORE THE BOARD, AND/OR FURNISH ADDITIONAL WRITTEN INFORMATION  TO  THE
 EXTENT PERMITTED BY APPLICABLE STATE OR FEDERAL LAW.
   (D)  THE  BURDEN  OF  DEMONSTRATING  THAT  THE APPLICANT POSSESSES THE
 RESPONSIBILITY REQUIRED FOR LICENSURE OR IS SUITABLE FOR LICENSURE SHALL
 REST WITH THE APPLICANT.
   (E) CONDUCT WHICH REASONABLY RAISES A QUESTION ABOUT WHETHER AN APPLI-
 CANT POSSESSES THE RESPONSIBILITY REQUIRED FOR LICENSURE OR IS  SUITABLE
 FOR  LICENSURE  INCLUDES,  BUT IS NOT NECESSARILY LIMITED TO, ANY OF THE
 FOLLOWING:
   (I) CONVICTION OF ANY CRIMINAL OFFENSE, OTHER  THAN  A  MINOR  TRAFFIC
 VIOLATION;
   (II)  DISCIPLINARY  ACTION  TAKEN  AGAINST  ANY  PROFESSIONAL LICENSE,
 REGISTRATION OR CERTIFICATION HELD BY THE APPLICANT, OR DENIAL OF LICEN-
 SURE, BY THE APPLICABLE GOVERNMENTAL AUTHORITY OF ANY  STATE,  TERRITORY
 OR  POLITICAL  SUBDIVISION OF THE UNITED STATES OR ANY FOREIGN JURISDIC-
 TION; OR
   (III) CONDUCT WHICH INVOLVES ANY OF THE FOLLOWING: FAILURE TO EXERCISE
 PROPER REGARD FOR THE APPLICANT'S OWN HEALTH, WELFARE OR SAFETY; FAILURE
 TO EXERCISE PROPER REGARD FOR  THE  HEALTH,  WELFARE,  SAFETY  OR  LEGAL
 RIGHTS  OF  ANOTHER  PERSON;  OR  FRAUD, DECEPTION OR LACK OF HONESTY OR
 TRUTHFULNESS.
   5. (A) THE BOARD SHALL NOT APPROVE  AN  APPLICATION  FOR  AN  ORIGINAL
 MASSAGE  THERAPY ESTABLISHMENT LICENSE OR RENEWAL OF SUCH LICENSE UNLESS
 THE BOARD HAS BEEN AFFORDED THE  OPPORTUNITY  TO  INSPECT  THE  PROPOSED
 ESTABLISHMENT.
   (B)  THE  APPLICANT  FOR A MASSAGE THERAPY ESTABLISHMENT LICENSE SHALL
 ARRANGE FOR THE INSPECTION OF THE LOCATION REQUESTING TO BE LICENSED.
   (C) IN ORDER TO PASS SUCH INSPECTION,  THE  LOCATION  SHALL  MEET  THE
 MINIMUM  STANDARDS  NECESSARY  TO  PROTECT THE PUBLIC HEALTH, SAFETY AND
 WELFARE AS SET FORTH IN SECTION SIX HUNDRED FORTY-SIX-F OF THIS ARTICLE.
   6. THE BOARD  MAY  REQUIRE  AND  CONSIDER  SUPPLEMENTAL  ESTABLISHMENT
 LICENSURE  APPLICATION INFORMATION AND MATERIALS REASONABLY NECESSARY TO
 PREVENT INSURANCE FRAUD, PROTECT THE HEALTH, SAFETY, OR WELFARE  OF  THE
 PUBLIC,  OR  FOR  OTHER  VALID  REGULATORY PURPOSES, INCLUDING OBTAINING
 S. 8548                             5
 
 APPROPRIATE PERMITS EITHER PRIOR TO OR  AS  A  CONDITION  SUBSEQUENT  TO
 RECEIVING A MASSAGE THERAPY ESTABLISHMENT LICENSE.
   7.  THE  BOARD SHALL NOT ISSUE A MASSAGE THERAPY ESTABLISHMENT LICENSE
 BASED ON AN INCOMPLETE SUBMISSION.
   8. THE BOARD MAY NOT ISSUE A MASSAGE THERAPY ESTABLISHMENT LICENSE  IF
 THE  BOARD'S  INSPECTION  REVEALS  ANY VIOLATION OF THIS ARTICLE, OR ANY
 OTHER RULES AND REGULATIONS.
   9. THE BOARD SHALL CONSIDER THE EVIDENCE PRODUCED AND  MAKE  LICENSING
 DECISIONS ACCORDINGLY.
   § 646-D. RENEWAL AND REINSTATEMENT. 1. A MASSAGE THERAPY ESTABLISHMENT
 SHALL  RENEW  ITS  LICENSE  ANNUALLY ON OR BEFORE THE ANNIVERSARY OF THE
 DATE OF ISSUE BY SUBMITTING:
   (A) A MASSAGE THERAPY ESTABLISHMENT RENEWAL FORM AS PRESCRIBED BY  THE
 BOARD;
   (B)  COMPLETE  INFORMATION AS REQUIRED ON SUCH FORM, INCLUDING CHANGES
 IN INFORMATION SINCE THE ORIGINAL APPLICATION OR LAST RENEWAL; AND
   (C) THE NONREFUNDABLE RENEWAL FEE.
   2. IF A MASSAGE  THERAPY  ESTABLISHMENT'S  LICENSE  HAS  EXPIRED,  THE
 MASSAGE  THERAPY  ESTABLISHMENT MAY REQUEST THAT THE BOARD REINSTATE ITS
 LICENSE.  THE AUTHORIZED REPRESENTATIVES MAY BE REQUIRED  TO  PERSONALLY
 APPEAR  BEFORE  THE  BOARD TO DISCUSS THE REQUEST FOR REINSTATEMENT. ALL
 REQUESTS FOR REINSTATEMENT SHALL BE IN WRITING  AND  SHALL  INCLUDE  THE
 FOLLOWING SUBMISSIONS:
   (A) AN APPLICATION;
   (B) A NONREFUNDABLE LATE FEE; AND
   (C) ANY OTHER PERTINENT INFORMATION AS REQUIRED BY THE BOARD.
   § 646-E. RECORD  RETENTION. 1. REQUIRED RECORDS SHALL BE MAINTAINED IN
 A  MANNER  THAT  PROTECTS  SUCH  RECORDS  FROM  FORESEEABLE  DAMAGE   OR
 DESTRUCTION.
   2.  A MASSAGE THERAPY ESTABLISHMENT SHALL MAINTAIN REQUIRED RECORDS ON
 THE PREMISES FOR EACH ACTIVE CLIENT.
   3. FOR A CLIENT WHO IS YOUNGER THAN TWO  YEARS  OLD  WHEN  HE  OR  SHE
 RECEIVES MASSAGE THERAPY, RECORDS SHALL BE MAINTAINED AT LEAST UNTIL THE
 CLIENT REACHES NINE YEARS OF AGE.
   4.  FOR  CLIENTS  WHO RECEIVE MASSAGE THERAPY ON OR AFTER TWO YEARS OF
 AGE, RECORDS SHALL BE MAINTAINED FOR A MINIMUM OF SEVEN YEARS  FROM  THE
 DATE OF THE LAST CLIENT ENCOUNTER.
   5.  RECORDS  STORED ELECTRONICALLY SHALL HAVE AN ESTABLISHED SYSTEM OF
 REGULAR BACK-UP. COPIES OF THE BACK-UP RECORDS SHALL BE MAINTAINED SAFE-
 LY AND SECURELY.
   § 646-F. ESTABLISHMENT STANDARDS. 1. EACH MASSAGE THERAPIST ESTABLISH-
 MENT SHALL DESIGNATE A LICENSED MASSAGE THERAPIST WHO IS RESPONSIBLE FOR
 THE MASSAGE THERAPY ESTABLISHMENT'S COMPLIANCE WITH THIS ARTICLE AND ANY
 OTHER LAWS OF THE STATE OF NEW YORK.  SUCH  LICENSED  MASSAGE  THERAPIST
 SHALL  AGREE  TO BE ACCESSIBLE TO THE BOARD AND SHALL BE RESPONSIBLE FOR
 COOPERATING WITH INSPECTIONS OR INVESTIGATIONS CONDUCTED BY THE BOARD OR
 ITS AGENTS. UPON THE REQUEST OF THE BOARD OR ITS AGENTS, THE  DESIGNATED
 LICENSED  MASSAGE  THERAPIST  SHALL PROVIDE IMMEDIATE ACCESS TO, AND, IF
 REQUESTED, COPIES OF RECORDS MAINTAINED BY THE MASSAGE THERAPIST  ESTAB-
 LISHMENT.  SUCH  LICENSED  MASSAGE  THERAPIST SHALL BE DESIGNATED AS THE
 MASSAGE THERAPIST ESTABLISHMENT'S COMPLIANCE OFFICER AND  SHALL  HAVE  A
 FULL-TIME PRESENCE WHETHER EMPLOYED OR CONTRACTED.
   2.  EACH  MASSAGE THERAPY ESTABLISHMENT SHALL IMPLEMENT AND MAINTAIN A
 BUSINESS COMPLIANCE PLAN, THAT SHALL INCLUDE, BUT  NOT  BE  LIMITED  TO,
 STANDARDS,  PROCEDURES,  AND  POLICIES THAT ADDRESS SUCH MASSAGE THERAPY
 ESTABLISHMENT'S ADMINISTRATIVE PROTOCOLS. THE STANDARDS, PROCEDURES, AND
 S. 8548                             6
 
 POLICIES IN SUCH COMPLIANCE PLAN SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
 ADDRESSING THE FOLLOWING ISSUES:
   (A)  A  PLAN  FOR  ASCERTAINING THAT ALL INDIVIDUALS PROVIDING MASSAGE
 THERAPY  IN  THE  MASSAGE  THERAPY  ESTABLISHMENT  HAVE  CURRENT,  VALID
 LICENSES;
   (B)  A  LIST  OF ALL MASSAGE THERAPISTS WHO PRACTICE AT THE ESTABLISH-
 MENT;
   (C) THE METHODS FOR TRAINING PERSONNEL REGARDING THE  MASSAGE  THERAPY
 ESTABLISHMENT'S STANDARDS, PROCEDURES, AND POLICIES, INCLUDING APPROPRI-
 ATE RIGHT-TO-KNOW TRAINING, STANDARD PRECAUTIONS TO PREVENT COMMUNICABLE
 DISEASE,  PROPER  DOCUMENTATION, CLIENTS' RIGHTS, AND PROPER BILLING, ON
 AN ONGOING BASIS;
   (D) THE METHODS OF MAINTAINING AND ENCOURAGING OPEN LINES OF  COMMUNI-
 CATION AMONG THE MASSAGE THERAPY ESTABLISHMENT'S PERSONNEL;
   (E)  THE  METHODS  OF  MAINTAINING  AND  ENSURING  THAT  EQUIPMENT  IS
 INSPECTED ON AN ANNUAL BASIS AND IS IN SAFE OPERATING CONDITION;
   (F) THE MECHANISMS  USED  TO  REPORT  AND  RESPOND  TO  VIOLATIONS  OR
 COMPLAINTS IN AN APPROPRIATE MANNER;
   (G) THE IMPLEMENTATION AND MAINTENANCE OF A SCHEDULE OF THE ESTABLISH-
 MENT'S COMPLIANCE AUDITS; AND
   (H)  IN THE EVENT OF THE DISSOLUTION OF THE MASSAGE THERAPY ESTABLISH-
 MENT OR THE DEPARTURE OF A LICENSED MASSAGE THERAPIST  FROM  THE  ESTAB-
 LISHMENT,  A  PROCESS  FOR THE DISSOLUTION OF THE MASSAGE THERAPY ESTAB-
 LISHMENT OR  FOR  THE  DEPARTURE  OF  A  PRACTICING  MASSAGE  THERAPIST,
 INCLUDING,  BUT  NOT LIMITED TO, A PROCESS FOR THE STORAGE AND RETRIEVAL
 OF CLIENTS' RECORDS.
   3. (A) ALL MASSAGE THERAPISTS AT AN ESTABLISHMENT SHALL HOLD A CURRENT
 MASSAGE THERAPIST LICENSE PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FIVE  OF
 THE EDUCATION LAW, UNLESS EXEMPTED BY LAW OR REGULATION.
   (B)  ALL  LICENSED  MASSAGE  THERAPISTS  AT  AN ESTABLISHMENT SHALL BE
 DEEMED THE RESPONSIBILITY OF THE  OPERATOR  OF  THE  ESTABLISHMENT.  ALL
 STUDENTS WHO PERFORM MASSAGE THERAPY AT AN ESTABLISHMENT SHALL BE SUPER-
 VISED BY A LICENSED MASSAGE THERAPIST.
   (C) MASSAGE ESTABLISHMENT LICENSES SHALL NOT BE TRANSFERABLE.
   (D) THE USE OF ALIASES BY LICENSED MASSAGE THERAPISTS IS PROHIBITED.
   4.  (A)  EVERY ESTABLISHMENT SHALL MAINTAIN A PROPERLY INSTALLED SMOKE
 DETECTOR AND FIRE EXTINGUISHER.
   (B) MASSAGE  THERAPY  MAY  BE  CONDUCTED  ONLY  IN  ROOMS,  WHICH  ARE
 ADEQUATELY  LIGHTED  AND VENTILATED, AND SO CONSTRUCTED THAT THEY CAN BE
 KEPT CLEAN.  FLOORS, WALLS, CEILINGS AND WINDOWS SHALL BE KEPT  FREE  OF
 DUST, SOIL, AND OTHER UNCLEAN SUBSTANCES.
   (C) MASSAGE ROOMS SHALL HAVE AT LEAST EIGHTY-FIVE SQUARE FEET OF FLOOR
 SPACE  FOR ALL ESTABLISHMENTS LICENSED AFTER THE DATE THIS ARTICLE TAKES
 EFFECT.
   (D) SMOKING SHALL BE PROHIBITED ANYWHERE ON THE PREMISES OF AN  ESTAB-
 LISHMENT.
   (E)  EVERY  ESTABLISHMENT  SHALL  HAVE ACCESSIBLE RESTROOM FACILITIES,
 INCLUDING AT LEAST ONE TOILET WITH TOILET TISSUE PROVIDED, A  HAND  SINK
 WITH SOAP, DISPOSABLE TOWELS, SINGLE USE LINENS, OR AIR DRYERS.
   (F)  EVERY ESTABLISHMENT SHALL HAVE HAND-WASHING FACILITIES FOR THERA-
 PIST USE. SAID FACILITIES SHALL PROVIDE AN ADEQUATE SUPPLY OF HOT  WATER
 AT A TEMPERATURE THAT COMPLIES WITH THE PUBLIC HEALTH LAW.
   (G) HAND WASHING FACILITIES FOR ESTABLISHMENTS SHALL BE ACCESSIBLE AND
 LOCATED NO MORE THAN FIFTY FEET FROM THE TREATMENT AREA.
   (H) ADEQUATE WASTE RECEPTACLES SHALL BE PROVIDED AT ALL TIMES.
 S. 8548                             7
 
   (I)  TOILET AND HAND WASHING FACILITIES SHALL MEET THE REQUIREMENTS OF
 THE STATE PLUMBING CODE AND SHALL BE MAINTAINED IN  GOOD  REPAIR,  WELL-
 LIGHTED  AND  ADEQUATELY VENTILATED, KEPT IN A CLEAN AND SANITARY CONDI-
 TION AND FREE OF VERMIN.
   (J)  EVERY  ESTABLISHMENT  SHALL  PROVIDE  FOR  SAFE  AND UNOBSTRUCTED
 PASSAGE IN THE PUBLIC AND PRIVATE AREAS OF THE PREMISES.
   (K) FACILITIES SHALL BE  PROVIDED  FOR  THE  STORAGE  AND  REMOVAL  OF
 GARBAGE, WASTE AND REFUSE.
   (L) ANY FLAMMABLE OR HAZARDOUS MATERIALS IN ANY ESTABLISHMENT SHALL BE
 STORED IN A SAFE MANNER IN ACCORDANCE WITH LOCAL AND STATE REGULATIONS.
   5.  (A) ALL EQUIPMENT AND SUPPLIES USED IN THE PERFORMANCE OF MASSAGES
 SHALL BE MAINTAINED IN A SAFE AND CLEAN MANNER.  ALL  TABLES  AND  OTHER
 CLEANABLE  SURFACES THAT COME INTO CONTACT WITH CLIENTS SHALL BE CLEANED
 BY THE REGULAR APPLICATION OF A CLEANSER AND SANITIZED WITH AN  ENVIRON-
 MENTAL  PROTECTION  AGENCY  REGISTERED  SANITIZER.  FOR PURPOSES OF THIS
 SUBDIVISION, "REGULAR APPLICATION" MEANS A  THOROUGH  CLEANSING  OF  THE
 MASSAGE  TABLE  AT  LEAST  ONE  TIME A DAY OR WHENEVER OILS, LOTIONS, OR
 OTHER SUBSTANCES VISIBLY ACCUMULATE ON CLIENT CONTACT SURFACES.
   (B) EACH CLIENT SHALL RECEIVE A SEPARATE, CLEAN COVERING  FOR  USE  ON
 THE MASSAGE TABLE, SUCH AS SHEETS OR TOWELS.
   (C) ALL REUSABLE SHEETS, TOWELS, AND OTHER CLOTH MATERIALS USED IN THE
 PERFORMANCE  OF  A  MASSAGE  THAT COME IN CONTACT WITH A CLIENT SHALL BE
 LAUNDERED AFTER EACH USE.
   (D) EVERY ESTABLISHMENT SHALL MAINTAIN A SUFFICIENT  SUPPLY  OF  CLEAN
 LINENS  FOR THE PURPOSE OF DRAPING EACH CLIENT WHILE THE CLIENT IS BEING
 MASSAGED. FOR PURPOSES OF THIS SUBDIVISION, "CLEAN LINENS" MEANS TOWELS,
 GOWNS, OR SHEETS.
   (E) IF ANY PRODUCTS  CONTAINING  LATEX  ARE  USED,  A  SIGN  SHALL  BE
 CONSPICUOUSLY  POSTED STATING SUCH AND ALL CLIENTS SHALL BE ADVISED THAT
 LATEX-CONTAINING PRODUCTS ARE USED.
   6. A CHANGE IN MASSAGE THERAPY ESTABLISHMENT OWNERSHIP  SHALL  REQUIRE
 APPLICATION  FOR  AND  RECEIPT  OF  A  NEW MASSAGE THERAPY ESTABLISHMENT
 LICENSE. A CHANGE IN MASSAGE THERAPY ESTABLISHMENT OWNERSHIP SHALL OCCUR
 ON THE DATE THAT THERE IS A TRANSFER OF  A  CONTROLLING  INTEREST  IN  A
 MASSAGE  THERAPY  ESTABLISHMENT.  WHEN A CHANGE IN OWNERSHIP OCCURS, THE
 MASSAGE THERAPY ESTABLISHMENT LICENSE SHALL EXPIRE, AND  THE  NEW  OWNER
 SHALL APPLY FOR A NEW LICENSE WITHIN THIRTY DAYS.
   7. (A) A MASSAGE THERAPY ESTABLISHMENT LICENSE SHALL BE VALID ONLY FOR
 THE  LOCATION  STATED  ON  THE  LICENSE  AND IS NEITHER TRANSFERABLE NOR
 ASSIGNABLE.
   (B) THE BOARD SHALL BE NOTIFIED IN WRITING AT LEAST THIRTY DAYS  PRIOR
 TO A CHANGE IN LOCATION OF A MASSAGE THERAPY ESTABLISHMENT.
   (C)  THE LICENSE FOR THE PREVIOUS LOCATION SHALL BE CANCELED AND SHALL
 BE INVALID AS OF THE DATE OF RELOCATION.
   (D) THE MASSAGE THERAPY  COMPLIANCE  OFFICER  OR  ESTABLISHMENT  OWNER
 SHALL FILE A NEW APPLICATION FOR A MASSAGE THERAPY ESTABLISHMENT LICENSE
 WHICH SHALL BE SUBJECT TO THE BOARD'S APPROVAL.
   (E)  THE  MASSAGE  THERAPY  ESTABLISHMENT SHALL NOT OPERATE AT THE NEW
 LOCATION UNTIL THE BOARD HAS APPROVED A  MASSAGE  THERAPY  ESTABLISHMENT
 LICENSE FOR THE NEW LOCATION.
   8.  CURRENT  TRUE  COPIES  OF  THE  FOLLOWING  SHALL  BE CONSPICUOUSLY
 DISPLAYED FOR THE BENEFIT OF THE PUBLIC AT EACH MASSAGE  THERAPY  ESTAB-
 LISHMENT:
   (A) THE MASSAGE THERAPY ESTABLISHMENT'S LICENSE;
 S. 8548                             8
 
   (B) THE LICENSE OF EACH MASSAGE THERAPIST LICENSED PURSUANT TO ARTICLE
 ONE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW WHO PROVIDES MASSAGE THERAPY
 SERVICES AT THE MASSAGE THERAPY ESTABLISHMENT; AND
   (C)  THE  MOST  RECENT INSPECTION REPORT COMPLETED BY THE BOARD OR ITS
 AGENTS.
   9. (A) THE BOARD MAY VARY THE APPLICATION OF ANY  PROVISION  OF  THESE
 RULES  AND  REGULATIONS WITH RESPECT TO ANY PARTICULAR CASE WHEN, IN ITS
 OPINION, THE ENFORCEMENT THEREOF  WOULD  CREATE  A  MANIFEST  INJUSTICE,
 WHICH  SHALL  INCLUDE  PRACTITIONERS  WHO  DO  NOT DELIVER MASSAGES AT A
 SPECIFIC LOCATION.  ANY VARIANCE GRANTED BY THE BOARD SHALL BE IN  WRIT-
 ING.
   (B)  ANY VARIANCE OR OTHER MODIFICATION AUTHORIZED TO BE MADE PURSUANT
 TO PARAGRAPH (A) OF THIS SUBDIVISION MAY BE SUBJECT TO  SUCH  QUALIFICA-
 TION,  REVOCATION,  SUSPENSION,  OR EXPIRATION AS THE BOARD DEEMS NECES-
 SARY. A VARIANCE OR OTHER MODIFICATION AUTHORIZED TO BE MADE MAY  OTHER-
 WISE BE REVOKED, MODIFIED, OR SUSPENDED, IN WHOLE OR IN PART, ONLY AFTER
 THE  HOLDER  THEREOF  HAS BEEN NOTIFIED IN WRITING AND HAS BEEN GIVEN AN
 OPPORTUNITY TO BE HEARD.
   § 646-G. INSPECTIONS. THE BOARD OR ITS AGENT MAY INSPECT  ANY  MASSAGE
 THERAPY  ESTABLISHMENT  AT  ANY  TIME DURING REGULAR BUSINESS HOURS, AND
 WITHOUT PRIOR NOTICE, FOR THE PURPOSE OF  VERIFYING  THAT  SUCH  MASSAGE
 THERAPY  ESTABLISHMENT,  AND  ITS  AGENTS OR EMPLOYEES ARE IN COMPLIANCE
 WITH ALL APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE AND LOCAL LAWS OR
 REGULATIONS.
   § 646-H. GROUNDS FOR DISCIPLINARY ACTION. THE BOARD MAY,  THROUGH  THE
 PROCESSES  SET  OUT  IN ARTICLE ONE HUNDRED THIRTY OF THE EDUCATION LAW,
 TAKE DISCIPLINARY ACTION  AGAINST  ANY  MASSAGE  THERAPY  ESTABLISHMENT.
 GROUNDS  FOR DISCIPLINARY ACTION SHALL INCLUDE, BUT SHALL NOT BE LIMITED
 TO:
   1. VIOLATION OF ANY PROVISION OF THIS ARTICLE BY ANY PERSON ASSOCIATED
 WITH THE ESTABLISHMENT;
   2. UNLICENSED PRACTICE AT A MASSAGE THERAPY ESTABLISHMENT OR  ARRANGED
 THROUGH  THE  MASSAGE  THERAPY  ESTABLISHMENT. UNLICENSED PRACTICE SHALL
 INCLUDE PRACTICE BY AN INDIVIDUAL WHO HAS:
   (A) NEVER HELD A LICENSE TO PRACTICE AS A MASSAGE THERAPIST;
   (B) LET THEIR LICENSE TO PRACTICE LAPSE OR EXPIRE;
   (C) HAD THEIR LICENSE TO PRACTICE SUSPENDED OR REVOKED; OR
   (D) VOLUNTARILY SURRENDERED THEIR LICENSE; AND
   3. WHERE A PERSON HAVING MORE THAN FIVE  PERCENT  OWNERSHIP  INTEREST,
 COMPANY  OFFICER,  PRINCIPAL,  OR  ANY EMPLOYEE OF, OR PERSON ASSOCIATED
 WITH, THE MASSAGE THERAPY ESTABLISHMENT:
   (A) INTERFERES WITH OR  OBSTRUCTS  THE  BOARD  OR  ITS  AGENT  IN  THE
 PERFORMANCE OF THE BOARD'S DUTIES;
   (B)  IS  SANCTIONED  FOR VIOLATIONS OF STATE OR FEDERAL LAWS REGARDING
 INSURANCE FRAUD; OR
   (C) SOLICITS, FACILITATES, OR OTHERWISE PERMITS ILLICIT BEHAVIOR.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.