Establishes the process for a massage therapy establishment to be duly licensed; provides for the application process; sets standards for massage therapy establishments; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
7564
2025-2026 Regular Sessions
IN ASSEMBLY
April 1, 2025
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Economic Development
AN ACT to amend the general business law, in relation to providing for
licensure of a massage therapy establishment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new article
2 30-C to read as follows:
3 ARTICLE 30-C
4 MASSAGE THERAPY ESTABLISHMENT LICENSE
5 Section 646. Legislative purpose.
6 646-a. Mandatory massage therapy establishment licensure.
7 646-b. Exemptions.
8 646-c. Locations where massage therapy is prohibited.
9 646-d. Application for establishment license.
10 646-e. Required display of licenses.
11 646-f. Establishment standards.
12 646-g. Inspections.
13 § 646. Legislative purpose. The purpose of this article is to estab-
14 lish the requirements of an establishment license for a business that
15 offers massage therapy services including bodywork, reflexology, polari-
16 ty therapy and all modalities in the scope of practice provided by
17 hands, vibrators or any computer or machine that provides the service in
18 the name of massage therapy. The massage therapy establishment license
19 is to ensure the health, safety, and welfare of the public, the estab-
20 lishment's employees, the proper professional growth and development of
21 the massage therapy profession and serve to deter human trafficking,
22 unlicensed providers and other illegal activity.
23 § 646-a. Mandatory massage therapy establishment licensure. 1. Each
24 massage therapy establishment in the state shall be licensed by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07023-01-5
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1 state board for massage therapy before providing or offering to provide
2 massage therapy, and shall annually renew its license using an applica-
3 tion provided by the state board for massage therapy.
4 2. A massage therapy establishment license shall be renewed annually
5 and such renewal shall be the responsibility of the owner or operator of
6 the massage therapy establishment.
7 3. Massage therapy, including the provision of out-of-office massage
8 therapy services, shall only be administered or offered at any location,
9 or portion thereof, covered by a valid massage therapy establishment
10 license issued by the state board for massage therapy or otherwise
11 exempted from establishment licensure under section six hundred forty-
12 six-b of this article. A massage therapy provider shall be licensed with
13 current registration in good standing and permitted to administer
14 massage therapy care pursuant to article one hundred fifty-five of the
15 education law.
16 4. With regard to the number of licenses required for two or more
17 establishments at the same address, each massage therapy establishment
18 shall require a separate license. The state board for massage therapy
19 shall determine whether establishments offering massage therapy services
20 at the same address constitute one or more massage therapy establish-
21 ments.
22 § 646-b. Exemptions. A massage therapy establishment license shall
23 not be required for the following:
24 1. any facility owned by a New York state licensed healthcare profes-
25 sional with a registration in good standing;
26 2. state board for massage therapy approved continuing education
27 programs and student clinics operated by massage therapy programs
28 licensed and accredited by the department of education; and
29 3. locations at which chair massages by a licensed massage therapist
30 are exclusively provided.
31 § 646-c. Locations where massage therapy is prohibited. Massage ther-
32 apy shall not be delivered in the following locations:
33 1. adult entertainment venues offering sexual services of any kind;
34 2. bars or nightclubs;
35 3. on the streets or sidewalks, with an exception for public or chari-
36 table events which have a primary purpose not related to massage thera-
37 py; and
38 4. at salons where appearance enhancement of nails and hair removal
39 makes up seventy-five percent or more of business activity.
40 § 646-d. Application for establishment license. 1. Application for a
41 massage therapy establishment license may be made by a sole proprietor-
42 ship, partnership, corporation, limited liability company, or limited
43 liability partnership. A massage therapy establishment may be owned by
44 an individual who is not a New York state licensed massage therapist
45 pursuant to article one hundred fifty-five of the education law or other
46 New York state healthcare practitioner.
47 2. An application for a massage therapy establishment license shall
48 be:
49 (a) submitted to the state board for massage therapy;
50 (b) signed under the pains and penalties of perjury by the applicant
51 or a person authorized to act on behalf of the applicant;
52 (c) accompanied by information concerning ownership and control that
53 identifies if the property where the establishment is being proposed is
54 owned by an individual, partnership or trust, and the name or names of
55 the owners and percentages of ownership of such individual, partners or
56 trustees; and
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1 (d) accompanied by any other information deemed necessary by the
2 board.
3 3. A change in massage therapy establishment ownership shall require
4 application for and receipt of a new massage therapy establishment
5 license. A change in massage therapy establishment ownership shall occur
6 on the date that there is a transfer of a controlling interest in a
7 massage therapy establishment. When a change in ownership occurs, the
8 massage therapy establishment license shall expire, and the new owner
9 shall apply for a new license within thirty days from such expiration.
10 4. (a) An establishment license shall be valid only for the location
11 stated on the license and shall not be transferable or assignable.
12 (b) The state board for massage therapy shall be notified in writing
13 at least thirty days prior to a change in location of a massage therapy
14 establishment.
15 (c) The license for the previous location shall be canceled and shall
16 be invalid as of the date of relocation.
17 (d) The massage therapy compliance officer or establishment owner
18 shall file a new application for a massage therapy establishment license
19 that is subject to the state board for massage therapy's approval.
20 (e) The massage therapy establishment shall not operate at the new
21 location until the state board for massage therapy has approved a
22 massage therapy establishment license for the new location.
23 § 646-e. Required display of licenses. 1. (a) Current true copies of
24 the following shall be conspicuously displayed for the benefit of the
25 public at each massage therapy establishment:
26 (i) the massage therapy establishment's license;
27 (ii) the current registration of each massage therapist licensed by
28 the state board for massage therapy who provides massage therapy
29 services at the massage therapy establishment; and
30 (iii) the most recent inspection report completed by the state board
31 for massage therapy, or its agents.
32 (b) A licensee may redact such licensee's residential address from the
33 posted massage therapy establishment license.
34 § 646-f. Establishment standards. 1. The state board for massage
35 therapy may establish rules and regulations for application, denial,
36 renewal, reinstatement, inspections, disciplinary action, revocations
37 and standards for practice as such board deems appropriate for the
38 lawful and safe operation of massage therapy establishments.
39 2. The state board for massage therapy may vary the application of any
40 provision of such rules and regulations with respect to any particular
41 case when, in such board's opinion, the enforcement thereof would create
42 a manifest injustice, including practitioners who do not administer
43 massage therapy at a specific location. Any variance granted by the
44 state board for massage therapy shall be in writing.
45 3. An approved massage therapy establishment license may be subject to
46 such qualification, revocation, suspension, or expiration as the state
47 board for massage therapy expresses in its application approval. A vari-
48 ance or other modification authorized to be made may otherwise be
49 revoked, modified, or suspended, in whole or in part, only after the
50 holder thereof has been notified in writing and has been given an oppor-
51 tunity to be heard.
52 4. Each massage therapist establishment shall designate a licensed
53 massage therapist in good standing to be the compliance officer, and who
54 shall be responsible for the massage therapy establishment's compliance
55 with this article, any other laws of the state of New York, and federal
56 law. Such compliance officer shall be a full time employee who works on
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1 the premises of the massage therapy establishment. The compliance offi-
2 cer shall have a compliance plan available for inspection.
3 § 646-g. Inspections. The state board for massage therapy or its agent
4 may inspect any massage therapy establishment at any time during regular
5 business hours, and without prior notice, for the purpose of verifying
6 that such massage therapy establishment, and its agents or employees are
7 in compliance with all applicable requirements of all federal, state and
8 local laws or regulations.
9 § 2. This act shall take effect on the ninetieth day after it shall
10 have become a law. Effective immediately, the addition, amendment and/or
11 repeal of any rule or regulation necessary for the implementation of
12 this act on its effective date are authorized to be made and completed
13 on or before such effective date.
