Provides that the commission of prostitution offense by any person upon premises at which a massage therapist regularly engages in his or her profession, or the commission of any such offense by a massage therapist constitutes professional misconduct; upon 3 or more convictions of such offenses upon such premises, or any conviction of a massage therapist of any such offense, the massage therapist's license shall be revoked.
STATE OF NEW YORK
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6884
IN SENATE
February 22, 2010
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Introduced by Sen. KLEIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to professional miscon-
duct by massage therapists who allow commission of prostitution
offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 6509-d
2 to read as follows:
3 § 6509-d. Additional definition of professional misconduct; prostitu-
4 tion massage therapy. 1. Notwithstanding any inconsistent provision of
5 this article or any other provision of law to the contrary, the license
6 of a person to practice massage therapy pursuant to article one hundred
7 fifty-five of this title may be revoked, suspended or annulled, or such
8 person may be subject to any other penalty provided in section sixty-
9 five hundred eleven of this article in accordance with the provisions
10 and procedures of this article, when, (a) within any two year period,
11 there have been three or more arrests for any violation of article two
12 hundred thirty (prostitution) of the penal law upon any premises at
13 which the licensee regularly engages in the practice of the profession
14 of massage therapy; or (b) such licensee is arrested for any violation
15 of article two hundred thirty (prostitution) of the penal law.
16 2. When an arrest for a violation of article two hundred thirty of the
17 penal law has taken place upon the premises at which the licensee regu-
18 larly engages in the practice of the profession of massage therapy, or
19 upon the arrest of a licensee for a violation of such, the arresting
20 agency shall notify the department, in writing within one week of the
21 arrest and set forth therein the name of the person licensed pursuant to
22 article one hundred fifty-five of this title and the circumstances and
23 arrestees of such offense. Within two weeks of the receipt of any such
24 notice, the department shall cause a hearing to be held pursuant to
25 section sixty-five hundred ten of this article upon the facts of such
26 arrest and the licensee's involvement or knowledge of the criminal
27 activity. Upon receipt and review of any notice pursuant to this subdi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15437-02-0
S. 6884 2
1 vision the department shall provide notice to the appropriate parties
2 that such premises are a nuisance pursuant to title two of article twen-
3 ty-three of the public health law, article ten of the multiple dwelling
4 law, section seven hundred fifteen of the real property actions and
5 proceedings law, and/or paragraph three of subdivision b of section two
6 hundred thirty-three of the real property law.
7 3. Notwithstanding any inconsistent provision of this article or any
8 other provision of law to the contrary, the license of a person to prac-
9 tice massage therapy pursuant to article one hundred fifty-five of this
10 title shall be revoked by the board of regents when, (a) within any two
11 year period, there have been three or more convictions of offenses
12 defined in article two hundred thirty of the penal law arising out of
13 three or more separate occasions which were committed upon premises at
14 which the licensee regularly engages in the practice of the profession
15 of massage therapy; or (b) the licensee has been convicted of any
16 offense defined in article two hundred thirty of the penal law. Upon
17 such a revocation the department shall provide notice to the appropriate
18 parties that such premises are a nuisance pursuant to title two of arti-
19 cle twenty-three of the public health law, article ten of the multiple
20 dwelling law, section seven hundred fifteen of the real property actions
21 and proceedings law, and/or paragraph three of subdivision b of section
22 two hundred thirty-three of the real property law.
23 § 2. This act shall take effect immediately and shall apply to crimi-
24 nal offenses committed on or after such date.
