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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116727
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How can I practice Chinese Medicine (tui-na massage) and

Customer Question

Hello there,
How can I practice Chinese Medicine (tui-na massage) and acupuncture in New York state without a license? I have a BSc degree from the UK, but the NYSED are asking me to go back to school ($40,000+child care) take 3+ years to attain some of the clinical hours deficiency I have in order to get a license.
I have been working abroad and have over 4 years of experience, where licensing is un-necessary to practice.
Is a license in NY actually needed?
can I ask my patients for consent - would that suffice?
Your help in this subject would be welcome.
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that under NY law, even with consent of your patients you cannot perform any form of massage therapy without a license. So you do need a license. There are some limited exemptions in the NY Code as follows and if you fit into one of the below exemptions you could perform the massage:
§ 7805. Exempt persons.
Nothing contained in this article shall be construed to prohibit:
The practice of massage therapy by any person who is authorized to practice medicine, nursing, osteopathy, physiotherapy, chiropractic, or podiatry in accordance with the provisions of this title.
The practice of that massage which is customarily given in barber shops or beauty parlors for the purpose of beautification by any licensed barber or beauty culturist.
The practice of massage therapy by any person employed in a medical institution licensed or chartered by the state of New York, provided that such person is under the on-site supervision of a person licensed to practice massage therapy or authorized to practice massage therapy by subdivision one of this section, or by any person enrolled in a program of a school or institute of massage therapy registered by the department, or enrolled in a program which satisfies the requirements of section seventy-eight hundred four of this article, provided that such person is under the on-site supervision of a person licensed to practice massage therapy or authorized to practice massage therapy by subdivision one of this section.
The practice of massage therapy by any person duly employed as a trainer by a professional athletic association, club or team, or as a member of the physical education department of an accredited university, college or high school.
The practice of massage therapy by any person employed by a corporation or association organized exclusively for the moral or mental improvement of men, women or children.