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S5113Senate2015-2016 SessionSame asA7572

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

Sponsor Kenneth P. LaValleSD-1+1 co-sponsorAffects Education
Status
In Assembly Committee
Higher Education
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Higher Education

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Who cares

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Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

Chair, Higher Education

History

  1. Referred to higher education
  2. Delivered to assembly
  3. Passed senateVote 58–1
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.926
  7. Referred to higher education
  8. Returned to senate
  9. Died in assembly
  10. Referred to higher education
  11. Delivered to assembly
  12. Passed senateVote 61–1
Show 6 earlier actions
  1. Advanced to third reading
  2. 2nd report cal.
  3. 1st report cal.1288
  4. Print number 5113a
  5. Amend and recommit to higher education
  6. Referred to higher education

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7572Assembly

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

In Assembly Committee · Higher Education · Sponsor Fred Thiele

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.