What's happening
This bill lowers the threshold for aiding or employing unlicensed professionals from three to one and clarifies esthetics does not include massage therapy.
Why it matters
Lowering the threshold for prosecution. means that a person or business can now face felony charges for aiding or employing even a single unlicensed professional, rather than having to aid three or more. This increases legal risk for employers and supervisors, making compliance with licensing laws more critical.
Expanding liability to use of professional titles. The bill similarly applies the one-person threshold to cases where someone helps an unauthorized person use a protected professional title. This could impact businesses that are less vigilant about verifying employees' credentials or titles.
Clarification for esthetics practitioners. Explicitly stating that esthetics does not include massage therapy helps prevent confusion or legal overlap between these professions. This could affect training, licensing, and enforcement, especially for businesses or individuals offering both services.
Potential for increased enforcement. By lowering the threshold and clarifying definitions, the bill gives regulators and prosecutors broader authority to pursue cases of unlicensed practice, which could lead to more investigations and prosecutions in fields like cosmetology, esthetics, and related professions.
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Who cares
Professional employers and staffing firms
The bill would lower the threshold for specified class E felonies involving unlicensed practice or unauthorized professional titles from three people to one.
Licensed professionals and professional associations
The bill would extend felony liability to anyone who knowingly helps even one person practice as exempt while that person’s professional license is suspended, revoked or annulled.
Estheticians and esthetics businesses
The bill would expressly exclude massage therapy, as defined in the Education Law, from the legal definition of esthetics.
Massage therapists
The bill would clarify that the practice of massage therapy is not included within esthetics.
Headline styles
Crack Down on Fake Professionals
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
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 Assembly Committee · Higher Education · Sponsor Fred Thiele
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.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to the unauthorized prac- tice 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 esthet- ics does not include massage therapy.
Summary of provisions
Sections 1 and 2. Amend the general provisions of Title 8 of the educa- tion 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 felo- ny 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 appropriate- ly 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 knowing- ly 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 wide- spread 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
2017-18 S.2488/A.4433
2015-16 S.5113A/A.7572A
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.