STATE OF NEW YORK
________________________________________________________________________
2488
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
___________
Introduced by Sens. LAVALLE, AKSHAR -- 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 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 § 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 § 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.
LBD04121-01-7
S. 2488 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 one of the education law.
7 § 4. This act shall take effect immediately.
