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
Lowering the aiding/abetting threshold from three to one person means individuals (such as business owners or managers) can now face felony charges for knowingly enabling just a single unlicensed person to practice or use a protected professional title. This increases legal risk and pressure on employers to ensure all staff are properly licensed, potentially making enforcement much stricter.
By explicitly stating that esthetics does not include massage therapy, the bill clarifies the legal boundaries between these professions. This protects licensed massage therapists from unqualified competition and helps consumers better understand what services they are receiving and who is qualified to provide them.
The changes could lead to increased scrutiny and compliance costs for salons, spas, and similar businesses, as even minor lapses in verifying employee credentials could result in criminal charges. This may result in more diligent hiring and record-keeping practices, but could also deter some from entering the industry or hiring uncertified workers, even for minor infractions.
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Who cares
Headline styles
Crack Down on Fake Professionals
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- 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 · Higher Education · Sponsor Kenneth P. LaValle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3714 A. 5507
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 13, 2019
IN SENATE -- Introduced by Sens. LAVALLE, ADDABBO, AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education
IN ASSEMBLY -- Introduced by M. of A. THIELE, LUPARDO -- 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03214-01-9
S. 3714 2 A. 5507
§ 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 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.