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A09388 Summary:

BILL NOA09388
 
SAME ASNo Same As
 
SPONSORHooks
 
COSPNSR
 
MLTSPNSR
 
Add §391-y, Gen Bus L
 
Requires that businesses offering physical manipulation services ensure that certain windows, entrances, and public-facing areas are unobscured and that there is clear visibility from the public right-of-way into certain public spaces on the premises of such businesses; defines physical manipulation services to include massage therapy, reflexology, services provided on feet at foot spas, bodywork, acupressure, and any other service that involves physically manipulating any part of a human body; exempts services provided by certain persons from being included in such definition.
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A09388 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9388
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 19, 2025
                                       ___________
 
        Introduced  by M. of A. HOOKS -- read once and referred to the Committee
          on Economic Development
 
        AN ACT to amend the general  business  law,  in  relation  to  requiring
          certain  public  areas  of  businesses  offering physical manipulation
          services to be clearly visible from the outside

          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 section
     2  391-y to read as follows:
     3    §  391-y.  Businesses  offering physical manipulation services.   1. A
     4  business offering physical manipulation services shall keep any  street-
     5  facing  windows,  entrances,  and public-facing areas of the premises of
     6  such business unobscured and shall ensure that there is clear visibility
     7  from the public right-of-way into the lobby, reception, waiting area, or
     8  other public-facing area of such premises.
     9    2. a. For the purposes of this section,  the  term  "physical  manipu-
    10  lation  services"  shall  include massage therapy, reflexology, services
    11  provided on feet at foot  spas,  bodywork,  acupressure,  or  any  other
    12  service  that involves physically manipulating any part of a human body,
    13  whether or not such services require state licensure.
    14    b.  The  term  "physical  manipulation  services"  shall  not  include
    15  services provided:
    16    (i)  by  any  person  who is authorized to practice medicine, nursing,
    17  osteopathy, physiotherapy, chiropractic, or podiatry in accordance  with
    18  the provisions of title eight of the education law;
    19    (ii)  in barber shops or beauty parlors for the purpose of beautifica-
    20  tion by any licensed barber or beauty culturist;
    21    (iii) by any person employed in  a  medical  institution  licensed  or
    22  chartered  by  the state of New York, provided that such person is under
    23  the on-site supervision of a person licensed to practice massage therapy
    24  or authorized to practice massage therapy by subdivision one of  section
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14241-01-5

        A. 9388                             2
 
     1  seventy-eight  hundred  five  of  the  education  law,  or by any person
     2  enrolled in a program of a school or institute of massage therapy regis-
     3  tered by the department of education, or enrolled  in  a  program  which
     4  satisfies  the requirements of section seventy-eight hundred four of the
     5  education law, provided that such person is  under  the  on-site  super-
     6  vision of a person licensed to practice massage therapy or authorized to
     7  practice  massage  therapy  by  subdivision one of section seventy-eight
     8  hundred five of the education law;
     9    (iv) by any person duly  employed  as  a  trainer  by  a  professional
    10  athletic  association,  club  or  team,  or  as a member of the physical
    11  education department  of  an  accredited  university,  college  or  high
    12  school; or
    13    (v)  by  any person employed by a corporation or association organized
    14  exclusively for the moral or mental improvement of people.
    15    § 2. This act shall take effect immediately.
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