New York Senate Bill S09510

New York 2025-2026 Regular Session

• Introduced: 3/18/26
• Refer: 3/18/26

Caption

Provides that neither the unauthorized or unlicensed practice of massage therapy, nor aiding or abetting of unauthorized or unlicensed practice of massage therapy, shall be deemed as the crime of unauthorized practice.

Summary

This bill amends the Education Law to carve unauthorized or unlicensed massage therapy out of the general criminal provisions that apply to unauthorized practice of licensed professions. Under current law, practicing a profession without authorization, aiding and abetting unlicensed practice, or fraudulently obtaining professional credentials can be prosecuted as a class E felony. The bill adds language stating that unauthorized or unlicensed massage therapy, and aiding or abetting that conduct, will not be a violation of those felony provisions. The bill also makes conforming changes to related enforcement sections. It removes massage therapy from the provisions allowing the Attorney General and the Department of Education to prosecute, restrain, and seek civil penalties for certain unauthorized-practice violations under those sections. It further clarifies that the unauthorized use of massage-related titles and advertising of massage services performed by unlicensed persons are not violations of those specific sections, while leaving the broader massage therapy article in place as the governing framework for that occupation.

Impact

The bill would narrow the reach of Education Law sections 6512 through 6516 by excluding massage therapy from the general unauthorized-practice enforcement scheme and associated felony, injunctive, and civil-penalty remedies. In practical terms, it would reduce the ability of state prosecutors and education regulators to treat unlicensed massage therapy as a general professional-licensing crime under those provisions, while preserving whatever separate rules and penalties exist under the massage therapy article itself. The affected parties include massage therapists, spa and wellness businesses, enforcement agencies, and prosecutors.

Sentiment

No committee transcript or vote record is provided, so there is no direct evidence of debate or recorded support/opposition. Based on the bill text and sponsor list, the measure appears to be a targeted deregulatory or decriminalization proposal focused on massage therapy, likely intended to limit criminal exposure for unlicensed practice in that field. The caption suggests the bill is framed as a clarification that such conduct should not be treated as the crime of unauthorized practice.

Contention

The main point of contention is likely whether unlicensed massage therapy should be treated like other unauthorized professional practice offenses or handled under a separate, less punitive regime. Supporters would likely argue that the current felony-based framework is too broad for massage therapy and that the bill prevents overcriminalization. Opponents may argue that removing massage therapy from these enforcement provisions could weaken consumer protection, reduce deterrence against illegal operators, and complicate enforcement against unsafe or deceptive practices. Because no hearing transcript or vote history is included, these positions are inferred from the bill’s structure rather than documented debate.