Bill Text: NY A07572 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the unauthorized practice of a profession, the unauthorized use of a professional title and the practice of esthetics.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to higher education [A07572 Detail]

Download: New_York-2015-A07572-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7572
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 19, 2015
                                      ___________
       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 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
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  2  of  section 6512 of the education law, as
    2  added by chapter 689 of the laws of 1976, is amended to read as follows:
    3    2. Anyone who knowingly aids or abets [three] ONE or  more  unlicensed
    4  persons  to  practice  a  profession or employs or holds such unlicensed
    5  persons out as being able to practice  in  any  profession  in  which  a
    6  license  is a prerequisite to the practice of the acts, or who knowingly
    7  aids or abets [three] ONE or more persons to practice any profession  as
    8  exempt  persons  during  the time when the professional licenses of such
    9  persons are suspended, revoked or annulled, shall be guilty of a class E
   10  felony.
   11    S 2. Subdivision 2 of section 6513 of the education law, as  added  by
   12  chapter 687 of the laws of 1976, is amended to read as follows:
   13    2.  Anyone who knowingly aids or abets [three] ONE or more persons not
   14  authorized to use a professional title regulated by this title,  to  use
   15  such  professional  title,  or  knowingly  employs  [three]  ONE or more
   16  persons not authorized to use a professional  title  regulated  by  this
   17  title, who use such professional title in the course of such employment,
   18  shall be guilty of a class E felony.
   19    S  3.  Subdivision  6  of  section 400 of the general business law, as
   20  added by chapter 509 of the laws of 1992, is amended to read as follows:
   21    6. The practice of "esthetics" means  providing  for  a  fee,  or  any
   22  consideration  or  exchange,  whether  direct  or  indirect, services to
   23  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.
                                                                  LBD10749-01-5
       A. 7572                             2
    1  human being by the use of  compounds  or  procedures  including  makeup,
    2  eyelashes,  depilatories,  tonics, lotions, waxes, sanding and tweezing,
    3  whether performed by manual, mechanical, chemical  or  electrical  means
    4  and instruments but shall not include the practice of electrology OR THE
    5  PRACTICE  OF  MASSAGE THERAPY, AS SUCH TERM IS DEFINED IN SECTION SEVEN-
    6  TY-EIGHT HUNDRED FIVE OF THE EDUCATION LAW.
    7    S 4. This act shall take effect immediately.