Relates to the unlicensed practice of massage therapy and authorizes municipalities to permit massage therapy at street fairs

Summary of provisions

Section 1: Section 6512, subdivision 2, of the education law is amended to hold an entity responsible for the abatement or employment of one or more unlicensed persons who conduct the services of an authorized profession, and subject them to a class E felony.

Section 2: Section 6513, subdivision 2, of the education law is amended to hold an entity responsible for the employment or abatement of one or more persons not authorized to use a professional title regulated by this title, and subject them to a class E felony.

Section 3: Section 7802 of the education law is amended to justify only certified and licensed massage therapists are legally authorized to perform such services as defined by the profession, otherwise those who are not authorized and practice such profession are subjected to a class E felony. Additionally, such person, firm, partnership or corporation advertising such services shall hire a person licensed or authorized, otherwise the contract of a non-licensed individual shall lead to a class E felony and subjection of an immediate audit by the New York State Department of Taxation and Finance and by the local taxing author- ity.

Section 5: Section 86-b is added to the general municipal law to author- ize street fair and public park massage therapy permits for those certi- fied and licensed in the profession of massage therapy. An organization that allows, permits, leases or rents space at a street fair or public park is to be held responsible for ensuring that any vendor proposing to perform any massage therapy services can provide a valid and insured proof of license prior to the event and present such proof on the day of the event. An organization found in violation of such requirements is subjected to an audit by the New York state Department of Taxation and Finance and the local taxing authority. Fines and penalties will be determined by the municipal corporation that authorizes such street fair and public park massage therapy.

Section 6: Defines effective date of bill.

Justification

There is an immediate risk to one's health when massage therapeutic services are performed by an unlicensed individual. The

scientific system of activity of the muscular structure of the human body requires the application of certifiable and licensed therapeutic techniques when kneeding, tapping and vibrating from the hands seeks to improve muscle tone and circulation. When these services are performed by an unlicensed individual, cramps and' other inflicted pain on one's muscles can adversely impact the circulation in one's body. Because this is a problematic issue, greater restrictions and enforcement is needed throughout the State to hold those criminally accountable who are not authorized, certified or licensed to perform such services on other people. Greater enforcement and regulation of the massage therapy profession will keep the health of the public a priority.

The additional authorization for licensed and certified massage thera- pists to perform therapeutic services in parks and street fairs with a permit will provide for the generation of revenues and greater awareness of the potential benefits one experiences by receiving professional massage therapeutic services. additionally, enactment of this bill ensures the massage therapy profession is no longer tarnished by those individuals not authorized and licensed.

Legislative history

S. 6072-B - Referred to Higher Education

Fiscal implications

None; however, revenues are to be generated through permit fees for authorized practice in parks and at street fairs.

Effective date

This act shall take effect on the one hundred twentieth day after it becomes a law.