NY State Assembly Bill 2009-A2104

Assembly Bill A2104

2009-2010 Legislative Session

Authorizes and directs the department of health to promulgate regulations to govern the use of chemicals in connection with the practice of nail specialty

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to economic development
Jun 02, 2009	print number 2104a
Jun 02, 2009	amend (t) and recommit to economic development
Jan 15, 2009	referred to economic development

Bill Amendments

Original

A (Active)

2009-A2104 - Details

Current Committee:: Assembly Economic Development
Laws Affected:: Amd §404, Gen Bus L

2009-A2104 - Summary

Authorizes and directs the department of health to promulgate regulations to govern the use of chemicals in connection with the practice of nail specialty, including, but not limited to, health and safety concerns and the use of appropriate ventilation.

2009-A2104 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2104

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. BENJAMIN -- Multi-Sponsored by -- M. of A. HOOP-
  ER, MILLER -- read once and referred  to  the  Committee  on  Economic
  Development, Job Creation, Commerce and Industry

AN ACT to amend the general business law, in relation to authorizing and
  directing  the  secretary of state to promulgate regulations to govern
  the use of chemicals in connection with the practice of nail specialty

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Section  404 of the general business law, as amended by
chapter 341 of the laws of 1998, is amended to read as follows:
  S 404. Rules and regulations. The secretary shall promulgate rules and
regulations which establish standards  for  practice  and  operation  by
licensees  under  this article in order to ensure the health, safety and
welfare of the public. Such rules and regulations shall include, but not
be limited to, the sanitary conditions and  procedures  required  to  be
maintained,  a minimum standard of training appropriate to the duties of
nail specialists,  waxers,  natural  hair  stylists,  estheticians,  and
cosmetologists and the provision of service by nail specialists, waxers,
natural   hair   stylists,  estheticians  or  cosmetologists  at  remote
locations other than the licensee's home provided that such practitioner
holds an appearance enhancement business license to operate at  a  fixed
location or is employed by the holder of an appearance enhancement busi-
ness license. Regulations setting forth the educational requirements for
nail  specialists  shall  include  education  in  the  area of causes of
infection and bacteriology.  IN ADDITION, THE SECRETARY SHALL PROMULGATE
RULES AND REGULATIONS GOVERNING THE USE OF CHEMICALS IN CONNECTION  WITH
THE  PRACTICE  OF  NAIL SPECIALTY, INCLUDING, BUT NOT LIMITED TO, HEALTH
AND SAFETY CONCERNS IMPLICATED BY THE TOPICAL APPLICATION OF SUCH CHEMI-
CALS TO THE BODY AND THE INHALATION OF  THE  FUMES  THEREFROM  AND  FIRE
HAZARDS DUE TO SUCH FUMES; SUCH RULES AND REGULATIONS SHALL REQUIRE: THE
DISPLAY  OF SIGNS IN A PROMINENT PLACE WHERE SUCH CHEMICALS ARE USED, IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02928-02-9

A. 2104                             2

CLEARLY READABLE TYPE AND PRINTED  IN  BLOCK  LETTERS,  DESCRIBING  SUCH
POTENTIAL  HEALTH AND SAFETY CONCERNS IMPLICATED BY THE TOPICAL APPLICA-
TION OF SUCH CHEMICALS AND THE INHALATION OF FUMES  THEREFROM;  AND  THE
USE  OF APPROPRIATE VENTILATION, WHICH MAY INCLUDE EXHAUST FANS WHENEVER
SUCH CHEMICALS ARE USED. In promulgating such rules and regulations  the
secretary  shall  consult with the state education department, the advi-
sory committee established pursuant to this  article,  any  other  state
agencies  and  private industry representatives as may be appropriate in
determining minimum training requirements.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided however, that effective  immediate-
ly,  the  addition,  amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing section of this act on
its effective date are authorized and directed to be made and  completed
on or before such effective date.

multi-Sponsors

2009-A2104A (ACTIVE) - Details

Current Committee:: Assembly Economic Development
Laws Affected:: Amd §404, Gen Bus L

2009-A2104A (ACTIVE) - Summary

2009-A2104A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A2104A

TITLE OF BILL:  An act to amend the general business law, in relation to
authorizing and directing the department of health to promulgate regu-
lations to govern the use of chemicals in connection with the practice
of nail specialty

PURPOSE OR GENERAL IDEA OF BILL:

This legislation directs the Department of Health to promulgate regu-
lations to govern the use of chemicals used in nail salons throughout
New York State.

SUMMARY OF SPECIFIC PROVISIONS:

Section One of the measure amends Section 404 of the General Business
Law, as amended by Chapter 341 of the Laws of 1998 directing the Depart-
ment of Health to promulgate rules and regulations governing the use of
chemicals, including, but not limited to, health and safety concerns
implicated by the topical applications of such chemicals to the body and
the inhalation of the fumes there from, and fire hazards due to such
fumes.

The measure additionally requires the display of signs in a prominent
place where such chemicals are used, in clearly legible type and printed
letters describing such potential health and safety concerns and may

require the use of appropriate ventilation where such chemicals are
used.

JUSTIFICATION:

Manicures and Pedicures performed at nail specialty shops and salons are
very popular and patronized by many New Yorkers. However, the chemicals
and the fumes there from, are toxic and flammable and potentially pose a
risk to the health and safety of both the employees and patrons. As
such, it is imperative that the use of toxic and flammable chemicals be
regulated and that consumers are informed on the risks they take utiliz-
ing manicure and pedicure services and products. This legislation meets
that goal.

FISCAL IMPLICATIONS:

Undetermined at this time.

LEGISLATIVE HISTORY:

New Bill - 2009

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become a law, provided however, that effective immediately,

the addition, amendment and/or repeal of any rules or regulations neces-
sary for the implementation of the foregoing section of this act on its
effective date are authorized and directed to be made and complete on or
before such effective date.

2009-A2104A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2104--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. BENJAMIN -- Multi-Sponsored by -- M. of A. HOOP-
  ER, MILLER -- read once and referred  to  the  Committee  on  Economic
  Development,   Job   Creation,  Commerce  and  Industry  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general business law, in relation to authorizing and
  directing the department of health to promulgate regulations to govern
  the use of chemicals in connection with the practice of nail specialty

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Section  404 of the general business law, as amended by
chapter 341 of the laws of 1998, is amended to read as follows:
  S 404. Rules and regulations. The secretary shall promulgate rules and
regulations which establish standards  for  practice  and  operation  by
licensees  under  this article in order to ensure the health, safety and
welfare of the public. Such rules and regulations shall include, but not
be limited to, the sanitary conditions and  procedures  required  to  be
maintained,  a minimum standard of training appropriate to the duties of
nail specialists,  waxers,  natural  hair  stylists,  estheticians,  and
cosmetologists and the provision of service by nail specialists, waxers,
natural   hair   stylists,  estheticians  or  cosmetologists  at  remote
locations other than the licensee's home provided that such practitioner
holds an appearance enhancement business license to operate at  a  fixed
location or is employed by the holder of an appearance enhancement busi-
ness license. Regulations setting forth the educational requirements for
nail  specialists  shall  include  education  in  the  area of causes of
infection and bacteriology.  IN ADDITION, THE DEPARTMENT OF HEALTH SHALL
PROMULGATE RULES AND REGULATIONS  GOVERNING  THE  USE  OF  CHEMICALS  IN
CONNECTION  WITH  THE  PRACTICE  OF  NAIL  SPECIALTY, INCLUDING, BUT NOT
LIMITED TO, HEALTH AND SAFETY CONCERNS IMPLICATED BY THE TOPICAL  APPLI-
CATION  OF  SUCH  CHEMICALS  TO THE BODY AND THE INHALATION OF THE FUMES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02928-04-9

A. 2104--A                          2

THEREFROM AND FIRE HAZARDS DUE TO SUCH FUMES; SUCH RULES AND REGULATIONS
SHALL REQUIRE: THE DISPLAY OF SIGNS IN  A  PROMINENT  PLACE  WHERE  SUCH
CHEMICALS  ARE  USED,  IN  CLEARLY  READABLE  TYPE  AND PRINTED IN BLOCK
LETTERS, DESCRIBING SUCH POTENTIAL HEALTH AND SAFETY CONCERNS IMPLICATED
BY THE TOPICAL APPLICATION OF SUCH CHEMICALS AND THE INHALATION OF FUMES
THEREFROM;  AND  THE  USE  OF APPROPRIATE VENTILATION, WHICH MAY INCLUDE
EXHAUST FANS WHENEVER SUCH CHEMICALS  ARE  USED.  In  promulgating  such
rules  and regulations the secretary shall consult with the state educa-
tion department, the advisory committee  established  pursuant  to  this
article,  any  other state agencies and private industry representatives
as may be appropriate in determining minimum training requirements.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided however, that effective  immediate-
ly,  the  addition,  amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing section of this act on
its effective date are authorized and directed to be made and  completed
on or before such effective date.

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