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Who cares
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Sponsors
1 Co-sponsor
History
- Referred to higher education
- Delivered to assembly
- Passed senateVote 58–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.926
- Referred to higher education
- Returned to senate
- Died in assembly
- Referred to higher education
- Delivered to assembly
- Passed senateVote 61–1
Show 6 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1288
- Print number 5113a
- Amend and recommit to higher education
- 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.
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.