What's happening
This bill lowers the threshold for aiding unlicensed professional practice from three to one person and clarifies that esthetics does not include massage therapy.
Why it matters
Increases accountability by making it a felony to aid even a single unlicensed person. in practicing a regulated profession or using a professional title, rather than requiring three or more. This means individuals and businesses must be more careful when hiring or working with professionals to ensure every person is properly licensed.
Potentially strengthens enforcement against unlicensed professional activity. , as authorities can now prosecute cases involving just one unlicensed individual, making it easier to crack down on unauthorized practice and enhancing consumer protection.
Clarifies the boundaries of esthetics by explicitly excluding massage therapy. , reducing confusion for both consumers and practitioners about what services estheticians may legally offer, and ensuring that only those properly trained and licensed as massage therapists perform massage therapy.
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Who cares
Headline styles
Crack Down on Unlicensed Work
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Held for consideration in higher education
- Referred 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.
Crack Down on Fake Professionals
In Senate Committee · Rules · Sponsor Kenneth P. LaValle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4433
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
Introduced by M. of A. THIELE -- read once and referred to the Committee on Higher Education
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 6512 of the education law, as added by chapter 689 of the laws of 1976, is amended to read as follows:
2. Anyone who knowingly aids or abets [three] one or more unlicensed persons to practice a profession or employs or holds such unlicensed persons out as being able to practice in any profession in which a license is a prerequisite to the practice of the acts, or who knowingly aids or abets [three] one or more persons to practice any profession as exempt persons during the time when the professional licenses of such persons are suspended, revoked or annulled, shall be guilty of a class E felony.
§ 2. Subdivision 2 of section 6513 of the education law, as added by chapter 687 of the laws of 1976, is amended to read as follows:
2. Anyone who knowingly aids or abets [three] one or more persons not authorized to use a professional title regulated by this title, to use such professional title, or knowingly employs [three] one or more persons not authorized to use a professional title regulated by this title, who use such professional title in the course of such employment, shall be guilty of a class E felony.
§ 3. Subdivision 6 of section 400 of the general business law, as added by chapter 509 of the laws of 1992, is amended to read as follows:
6. The practice of "esthetics" means providing for a fee, or any consideration or exchange, whether direct or indirect, services to enhance the appearance of the face, neck, arms, legs, and shoulders of a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04121-01-7
A. 4433 2
human being by the use of compounds or procedures including makeup, eyelashes, depilatories, tonics, lotions, waxes, sanding and tweezing, whether performed by manual, mechanical, chemical or electrical means and instruments but shall not include the practice of electrology or the practice of massage therapy, as such term is defined in section seventy-eight hundred one of the education law.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.