S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2643
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2025
                                ___________
 
 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. MANDATORY MASSAGE THERAPY ESTABLISHMENT LICENSURE.
         646-B. EXEMPTIONS.
         646-C. LOCATIONS WHERE MASSAGE THERAPY IS PROHIBITED.
         646-D. APPLICATION FOR ESTABLISHMENT LICENSE.
         646-E. REQUIRED DISPLAY OF LICENSES.
         646-F. ESTABLISHMENT STANDARDS.
         646-G. INSPECTIONS.
   § 646. LEGISLATIVE PURPOSE. THE PURPOSE OF THIS ARTICLE IS  TO  ESTAB-
 LISH  THE  REQUIREMENTS  OF AN ESTABLISHMENT LICENSE FOR A BUSINESS THAT
 OFFERS MASSAGE THERAPY SERVICES INCLUDING BODYWORK, REFLEXOLOGY, POLARI-
 TY THERAPY AND ALL MODALITIES IN  THE  SCOPE  OF  PRACTICE  PROVIDED  BY
 HANDS, VIBRATORS OR ANY COMPUTER OR MACHINE THAT PROVIDES THE SERVICE IN
 THE  NAME  OF MASSAGE THERAPY. THE MASSAGE THERAPY ESTABLISHMENT LICENSE
 IS TO ENSURE THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC,  THE  ESTAB-
 LISHMENT'S  EMPLOYEES, THE PROPER PROFESSIONAL GROWTH AND DEVELOPMENT OF
 THE MASSAGE THERAPY PROFESSION AND SERVE  TO  DETER  HUMAN  TRAFFICKING,
 UNLICENSED PROVIDERS AND OTHER ILLEGAL ACTIVITY.
   § 646-A. MANDATORY  MASSAGE  THERAPY ESTABLISHMENT LICENSURE.  1. EACH
 MASSAGE THERAPY ESTABLISHMENT IN THE STATE  SHALL  BE  LICENSED  BY  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07023-01-5
              

 S. 2643                             2
 
 STATE  BOARD FOR MASSAGE THERAPY BEFORE PROVIDING OR OFFERING TO PROVIDE
 MASSAGE THERAPY, AND SHALL ANNUALLY RENEW ITS LICENSE USING AN  APPLICA-
 TION PROVIDED BY THE STATE BOARD FOR MASSAGE THERAPY.
   2.  A  MASSAGE THERAPY ESTABLISHMENT LICENSE SHALL BE RENEWED ANNUALLY
 AND SUCH RENEWAL SHALL BE THE RESPONSIBILITY OF THE OWNER OR OPERATOR OF
 THE MASSAGE THERAPY ESTABLISHMENT.
   3. MASSAGE THERAPY, INCLUDING THE PROVISION OF  OUT-OF-OFFICE  MASSAGE
 THERAPY SERVICES, SHALL ONLY BE ADMINISTERED OR OFFERED AT ANY LOCATION,
 OR  PORTION  THEREOF,  COVERED  BY A VALID MASSAGE THERAPY ESTABLISHMENT
 LICENSE ISSUED BY THE STATE  BOARD  FOR  MASSAGE  THERAPY  OR  OTHERWISE
 EXEMPTED  FROM  ESTABLISHMENT LICENSURE UNDER SECTION SIX HUNDRED FORTY-
 SIX-B OF THIS ARTICLE. A MASSAGE THERAPY PROVIDER SHALL BE LICENSED WITH
 CURRENT REGISTRATION  IN  GOOD  STANDING  AND  PERMITTED  TO  ADMINISTER
 MASSAGE  THERAPY  CARE PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FIVE OF THE
 EDUCATION LAW.
   4. 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 STATE BOARD  FOR  MASSAGE  THERAPY
 SHALL DETERMINE WHETHER ESTABLISHMENTS OFFERING MASSAGE THERAPY SERVICES
 AT  THE  SAME  ADDRESS CONSTITUTE ONE OR MORE MASSAGE THERAPY ESTABLISH-
 MENTS.
   § 646-B. EXEMPTIONS.  A MASSAGE THERAPY  ESTABLISHMENT  LICENSE  SHALL
 NOT BE REQUIRED FOR THE FOLLOWING:
   1.  ANY FACILITY OWNED BY A NEW YORK STATE LICENSED HEALTHCARE PROFES-
 SIONAL WITH A REGISTRATION IN GOOD STANDING;
   2. STATE BOARD  FOR  MASSAGE  THERAPY  APPROVED  CONTINUING  EDUCATION
 PROGRAMS  AND  STUDENT  CLINICS  OPERATED  BY  MASSAGE  THERAPY PROGRAMS
 LICENSED AND ACCREDITED BY THE DEPARTMENT OF EDUCATION; AND
   3. LOCATIONS AT WHICH CHAIR MASSAGES BY A LICENSED  MASSAGE  THERAPIST
 ARE EXCLUSIVELY PROVIDED.
   § 646-C. LOCATIONS WHERE MASSAGE THERAPY IS PROHIBITED.  MASSAGE THER-
 APY SHALL NOT BE DELIVERED IN THE FOLLOWING LOCATIONS:
   1. ADULT ENTERTAINMENT VENUES OFFERING SEXUAL SERVICES OF ANY KIND;
   2. BARS OR NIGHTCLUBS;
   3. ON THE STREETS OR SIDEWALKS, WITH AN EXCEPTION FOR PUBLIC OR CHARI-
 TABLE  EVENTS WHICH HAVE A PRIMARY PURPOSE NOT RELATED TO MASSAGE THERA-
 PY; AND
   4. AT SALONS WHERE APPEARANCE ENHANCEMENT OF NAILS  AND  HAIR  REMOVAL
 MAKES UP SEVENTY-FIVE PERCENT OR MORE OF BUSINESS ACTIVITY.
   § 646-D. APPLICATION FOR ESTABLISHMENT LICENSE.  1.  APPLICATION FOR A
 MASSAGE  THERAPY ESTABLISHMENT LICENSE MAY BE MADE BY A SOLE PROPRIETOR-
 SHIP, PARTNERSHIP, CORPORATION, LIMITED LIABILITY  COMPANY,  OR  LIMITED
 LIABILITY  PARTNERSHIP.  A MASSAGE THERAPY ESTABLISHMENT MAY BE OWNED BY
 AN INDIVIDUAL WHO IS NOT A NEW YORK  STATE  LICENSED  MASSAGE  THERAPIST
 PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW OR OTHER
 NEW YORK STATE HEALTHCARE PRACTITIONER.
   2.  AN  APPLICATION  FOR A MASSAGE THERAPY ESTABLISHMENT LICENSE SHALL
 BE:
   (A) SUBMITTED TO THE STATE BOARD FOR MASSAGE THERAPY;
   (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; AND
 S. 2643                             3
 
   (D)  ACCOMPANIED  BY  ANY  OTHER  INFORMATION  DEEMED NECESSARY BY THE
 BOARD.
   3.  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 FROM SUCH EXPIRATION.
   4. (A) AN ESTABLISHMENT LICENSE SHALL BE VALID ONLY FOR  THE  LOCATION
 STATED ON THE LICENSE AND SHALL NOT BE TRANSFERABLE OR ASSIGNABLE.
   (B)  THE  STATE BOARD FOR MASSAGE THERAPY 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
 THAT IS SUBJECT TO THE STATE BOARD FOR MASSAGE THERAPY'S APPROVAL.
   (E)  THE  MASSAGE  THERAPY  ESTABLISHMENT SHALL NOT OPERATE AT THE NEW
 LOCATION UNTIL THE STATE  BOARD  FOR  MASSAGE  THERAPY  HAS  APPROVED  A
 MASSAGE THERAPY ESTABLISHMENT LICENSE FOR THE NEW LOCATION.
   § 646-E. REQUIRED DISPLAY OF LICENSES.  1.  (A) CURRENT TRUE COPIES OF
 THE  FOLLOWING  SHALL  BE CONSPICUOUSLY DISPLAYED FOR THE BENEFIT OF THE
 PUBLIC AT EACH MASSAGE THERAPY ESTABLISHMENT:
   (I) THE MASSAGE THERAPY ESTABLISHMENT'S LICENSE;
   (II) THE CURRENT REGISTRATION OF EACH MASSAGE  THERAPIST  LICENSED  BY
 THE  STATE  BOARD  FOR  MASSAGE  THERAPY  WHO  PROVIDES  MASSAGE THERAPY
 SERVICES AT THE MASSAGE THERAPY ESTABLISHMENT; AND
   (III) THE MOST RECENT INSPECTION REPORT COMPLETED BY THE  STATE  BOARD
 FOR MASSAGE THERAPY, OR ITS AGENTS.
   (B) A LICENSEE MAY REDACT SUCH LICENSEE'S RESIDENTIAL ADDRESS FROM THE
 POSTED MASSAGE THERAPY ESTABLISHMENT LICENSE.
   § 646-F. ESTABLISHMENT  STANDARDS.  1.    THE  STATE BOARD FOR MASSAGE
 THERAPY MAY ESTABLISH RULES AND  REGULATIONS  FOR  APPLICATION,  DENIAL,
 RENEWAL,  REINSTATEMENT,  INSPECTIONS,  DISCIPLINARY ACTION, REVOCATIONS
 AND STANDARDS FOR PRACTICE AS  SUCH  BOARD  DEEMS  APPROPRIATE  FOR  THE
 LAWFUL AND SAFE OPERATION OF MASSAGE THERAPY ESTABLISHMENTS.
   2. THE STATE BOARD FOR MASSAGE THERAPY MAY VARY THE APPLICATION OF ANY
 PROVISION  OF  SUCH RULES AND REGULATIONS WITH RESPECT TO ANY PARTICULAR
 CASE WHEN, IN SUCH BOARD'S OPINION, THE ENFORCEMENT THEREOF WOULD CREATE
 A MANIFEST INJUSTICE, INCLUDING  PRACTITIONERS  WHO  DO  NOT  ADMINISTER
 MASSAGE  THERAPY  AT  A  SPECIFIC  LOCATION. ANY VARIANCE GRANTED BY THE
 STATE BOARD FOR MASSAGE THERAPY SHALL BE IN WRITING.
   3. AN APPROVED MASSAGE THERAPY ESTABLISHMENT LICENSE MAY BE SUBJECT TO
 SUCH QUALIFICATION, REVOCATION, SUSPENSION, OR EXPIRATION AS  THE  STATE
 BOARD FOR MASSAGE THERAPY EXPRESSES IN ITS APPLICATION APPROVAL. A VARI-
 ANCE  OR  OTHER  MODIFICATION  AUTHORIZED  TO  BE  MADE MAY OTHERWISE 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 OPPOR-
 TUNITY TO BE HEARD.
   4.  EACH  MASSAGE  THERAPIST  ESTABLISHMENT SHALL DESIGNATE A LICENSED
 MASSAGE THERAPIST IN GOOD STANDING TO BE THE COMPLIANCE OFFICER, AND WHO
 SHALL BE RESPONSIBLE FOR THE MASSAGE THERAPY ESTABLISHMENT'S  COMPLIANCE
 WITH  THIS ARTICLE, ANY OTHER LAWS OF THE STATE OF NEW YORK, AND FEDERAL
 LAW. SUCH COMPLIANCE OFFICER SHALL BE A FULL TIME EMPLOYEE WHO WORKS  ON
 S. 2643                             4
 
 THE  PREMISES OF THE MASSAGE THERAPY ESTABLISHMENT. THE COMPLIANCE OFFI-
 CER SHALL HAVE A COMPLIANCE PLAN AVAILABLE FOR INSPECTION.
   § 646-G. INSPECTIONS. THE STATE BOARD FOR MASSAGE THERAPY 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.
   § 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.