NY State Assembly Bill 2009-A7718

Assembly Bill A7718

2009-2010 Legislative Session

Requires licensed appearance enhancement professionals to take continuing education classes concerning infection control and transmission

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to economic development
Jun 09, 2009	reported referred to ways and means
Jun 02, 2009	print number 7718a
Jun 02, 2009	amend and recommit to economic development
Apr 22, 2009	referred to economic development

Bill Amendments

Original

A (Active)

2009-A7718 - Details

Current Committee:: Assembly Economic Development
Laws Affected:: Add §405-a, amd §§406 & 408, Gen Bus L

2009-A7718 - Summary

Requires licensed appearance enhancement professionals to successfully complete a prescribed continuing education course or program in the prevention of the transmission of infection and the proper methods of sterilization.

2009-A7718 - Bill Text download pdf

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

                                  7718

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2009
                               ___________

Introduced by M. of A. TOWNS, JAFFEE, BARRON -- Multi-Sponsored by -- M.
  of  A. BRENNAN, CASTRO, DelMONTE, HOOPER, KOON, MENG, SPANO, TOWNSEND,
  WEISENBERG -- 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 requiring
  licensed appearance enhancement professionals to successfully complete
  a prescribed course of study or program in the prevention of the tran-
  smission of infection and the proper methods of sterilization

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

  Section 1. The general business law is amended by adding a new section
405-a to read as follows:
  S  405-A. CONTINUING EDUCATION CONCERNING INFECTION CONTROL AND TRANS-
MISSION. 1. AS A PREREQUISITE ANY LICENSE OR A RENEWAL OF AN  APPEARANCE
ENHANCEMENT  BUSINESS  LICENSE  OR  A  RENEWAL FOR A LICENSE TO PRACTICE
WAXING, COSMETOLOGY, NAIL SPECIALTY, ESTHETICS, AND NATURAL HAIRSTYLING,
THE LICENSED  APPLICANT  SHALL  PRESENT  EVIDENCE  SATISFACTORY  TO  THE
DEPARTMENT  OF HAVING MET THE CONTINUING EDUCATION REQUIREMENTS PURSUANT
TO THIS ARTICLE.
  2. THE CONTINUING EDUCATION REQUIREMENTS FOR RENEWAL OF  SUCH  LICENSE
SHALL  BE  THE  SUCCESSFUL COMPLETION BY THE APPLICANT, WITHIN THE THREE
MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF SUCH  APPLICATION,  IN  A
COURSE  OF STUDY IN INFECTION PREVENTION AND CONTROL OFFERED THROUGH ONE
OR MORE SCHOOLS OF INFECTION CONTROL,  LICENSED  BY  THE  DEPARTMENT  OF
EDUCATION.  IN  ADDITION, ANY APPEARANCE ENHANCEMENT SCHOOLS IN NEW YORK
STATE, THAT WISH TO OBTAIN A NEW YORK STATE APPROVED  CURRICULUM,  OR  A
COURSEWORK,  TO  BECOME  AN  APPROVED PROVIDER MAY DO SO, IN CONJUNCTION
WITH AN APPROVED SCHOOL OF INFECTION CONTROL, TO OFFER  SUCH  CURRICULUM
OR  COURSEWORK, BY APPLYING TO THE COMMISSIONER OF EDUCATION. THE COURSE
OF STUDY MAY BE PROVIDED EITHER AT THE  SCHOOL'S  PREMISES  OR  BY  LONG
DISTANCE  METHODS OF INSTRUCTION AND TESTING, INCLUDING ONLINE PROGRAMS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10808-01-9

A. 7718                             2

FOR THE PURPOSES OF THIS SECTION, THE TERM "SCHOOL OF INFECTION CONTROL"
SHALL MEAN A SCHOOL THAT HAS BEEN DEVELOPED AND APPROVED BY THE  DEPART-
MENT  OF  EDUCATION  FOR  THE PURPOSE OF DEVELOPING AND OFFERING COURSES
PROVIDING EDUCATION IN THE FIELD OF TRANSMISSION OF INFECTION AND CONTA-
GIOUS  DISEASES, INCLUDING THE PROPER METHODS OF SANITATION AND STERILI-
ZATION TO BE PRACTICED, ESPECIALLY AS THEY RELATE TO TOOLS,  INSTRUMENTS
AND  EQUIPMENT, IN THE PROFESSIONS OF WAXING, COSMETOLOGY, NAIL SPECIAL-
TY, ESTHETICS AND NATURAL HAIRSTYLING.
  S 2. Subdivision 1 of section 406  of  the  general  business  law  is
amended by adding a new paragraph f to read as follows:
  F.  EACH  APPLICATION  SHALL INDICATE, BY SELF-CERTIFICATION USING THE
COURSE COMPLETION CERTIFICATE NUMBER, THAT THE APPLICANT HAS SUCCESSFUL-
LY COMPLETED THE PRESCRIBED COURSE OF STUDY, FROM A SCHOOL OR PROGRAM AS
DESCRIBED IN SECTION FOUR HUNDRED FIVE-A OF THIS ARTICLE, CONCERNING THE
PREVENTION OF THE TRANSMISSION OF INFECTION AND CONTAGIOUS DISEASES, AND
THE PROPER METHODS OF SANITATION AND STERILIZATION.
  S 3. Subdivision 6 of section 408 of  the  general  business  law,  as
added by chapter 509 of the laws of 1992, is amended to read as follows:
  6. Any license, which has not been suspended or revoked, may, upon the
payment  of  the  renewal  fee, be renewed for additional periods of two
years [from its application],  without  further  examination,  upon  the
filing of an application for such renewal, on a form to be prescribed by
the secretary.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

2009-A7718A (ACTIVE) - Details

Current Committee:: Assembly Economic Development
Laws Affected:: Add §405-a, amd §§406 & 408, Gen Bus L

2009-A7718A (ACTIVE) - Summary

2009-A7718A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A7718A

TITLE OF BILL:  An act to amend the general business law, in relation to
requiring  licensed appearance enhancement professionals to successfully
complete a prescribed course of study or program in  the  prevention  of
the transmission of infection and the proper methods of sterilization

PURPOSE:  This bill will require appearance enhancement professionals to
complete a prescribed course of study in the prevention of infection and
the proper methods of sterilization.

SUMMARY  OF  PROVISIONS:    General business law is amended to add a new
section 405-a (1) requires  that  appearance  enhancement  professionals
complete  prescribed course of study or program in the prevention of the
transmission of infection and the proper methods of sterilization  as  a
prerequisite  to receiving or renewing a license for appearance enhance-
ment. (2) Indicates that as a condition for  licensure  or  renewal  the
applicant  must  successfully complete a course of study offered through
one or more schools of infection control licensed by the  Department  of
Education.  Provides the requirements for a school that wishes to become
an approved provider may do so through the Department of Education.

Subdivision G of section 408 of the general business law is  amended  to
delete the phrase "from its application".

EXISTING  LAW:    There  is no current requirement for barbers and other

enhancement professionals to take courses in infection control and prop-
er methods of sterilization.

JUSTIFICATION:  It is of paramount importance to protect the  people  of
the  state of New York from infectious disease. Infectious diseases such
as HIV, various strains of Hepatitis and other pathogens can  be  spread
through contact with infected blood. Such contact may occur if scissors,
razors and other sharp instruments are not properly sanitized and steri-
lized  after  each use. There are many myths and fallacies regarding the
transmission of such diseases as HIV. It is vitally important to provide
the beauty enhancement community with accurate and  up-to-date  informa-
tion  concerning the spread of infectious disease. This legislation will
help to ensure that beauty enhancement professionals in New York receive
proper training that will better enable them to keep both themselves and
their clients safe from infectious disease.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect on the sixtieth day after it
shall have become law.

2009-A7718A (ACTIVE) - Bill Text download pdf

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

                                 7718--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2009
                               ___________

Introduced by M. of A. TOWNS, JAFFEE, BARRON -- Multi-Sponsored by -- M.
  of A.  BRENNAN, CASTRO, DelMONTE, HOOPER, KOON, MENG, SPANO, TOWNSEND,
  WEISENBERG  --  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 requiring
  licensed appearance enhancement professionals to successfully complete
  a prescribed course of study or program in the prevention of the tran-
  smission of infection and the proper methods of sterilization

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

  Section 1. The general business law is amended by adding a new section
405-a to read as follows:
  S  405-A.  CONTINUING  EDUCATION  CONCERNING INFECTION CONTROL AND THE
TRANSMISSION OF INFECTIOUS DISEASES.  1. AS A PREREQUISITE FOR THE ISSU-
ANCE OF ANY LICENSE OR A RENEWAL OF AN APPEARANCE  ENHANCEMENT  BUSINESS
LICENSE OR A RENEWAL FOR A LICENSE TO PRACTICE WAXING, COSMETOLOGY, NAIL
SPECIALTY,  ESTHETICS  OR NATURAL HAIRSTYLING AS DEFINED BY SUBDIVISIONS
ONE THROUGH EIGHT OF SECTION FOUR HUNDRED OF THIS ARTICLE, THE  LICENSED
APPLICANT SHALL PRESENT EVIDENCE SATISFACTORY TO THE DEPARTMENT OF STATE
HAVING  MET THE CONTINUING EDUCATION REQUIREMENTS PURSUANT TO THIS ARTI-
CLE.
  2. THE CONTINUING EDUCATION REQUIREMENTS FOR ISSUANCE  OR  RENEWAL  OF
SUCH LICENSE SHALL BE THE SUCCESSFUL COMPLETION BY THE APPLICANT, WITHIN
THE  THREE  MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF SUCH APPLICA-
TION, OF A COURSE OF STUDY IN INFECTION PREVENTION AND  CONTROL  OFFERED
THROUGH  SCHOOLS  OF  INFECTION  CONTROL,  LICENSED BY THE DEPARTMENT OF
EDUCATION.   UPON SUCCESSFUL  COMPLETION  OF  THE  COURSE  OF  STUDY  AS
DESCRIBED   IN  THIS  SECTION,  SUCH  SCHOOL  SHALL  GENERATE  A  COURSE
COMPLETION CERTIFICATE NUMBER  THAT  SHALL  CONSTITUTE  PROOF  THAT  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10808-08-9

A. 7718--A                          2

APPLICANT  HAS  SUCCESSFULLY  COMPLETED  A  COURSE OF STUDY IN INFECTION
CONTROL AS DESCRIBED IN THIS  SECTION.    IN  ADDITION,  ANY  APPEARANCE
ENHANCEMENT  SCHOOLS  IN  NEW  YORK  STATE,  MAY OBTAIN A NEW YORK STATE
APPROVED  CURRICULUM,  OR COURSEWORK, TO BECOME AN APPROVED PROVIDER AND
MAY DO SO IN CONJUNCTION WITH AN APPROVED SCHOOL OF  INFECTION  CONTROL.
IN  ORDER  TO  BE  ELIGIBLE  TO OFFER SUCH CURRICULUM OR COURSEWORK, THE
APPEARANCE ENHANCEMENT SCHOOL SHALL APPLY TO THE DEPARTMENT OF EDUCATION
FOR APPROVAL. THE COURSE OF STUDY MAY BE PROVIDED EITHER AT THE SCHOOL'S
PREMISES OR BY LONG DISTANCE METHODS OF INSTRUCTION AND TESTING  INCLUD-
ING  BUT NOT LIMITED TO, SELF-PACED HOME STUDY CORRESPONDENCE COURSES OR
THROUGH ONLINE COURSES.   FOR THE PURPOSES OF  THIS  SECTION,  THE  TERM
"SCHOOL  OF  INFECTION CONTROL" SHALL MEAN A SCHOOL THAT HAS BEEN DEVEL-
OPED AND APPROVED BY THE DEPARTMENT OF  EDUCATION  FOR  THE  PURPOSE  OF
DEVELOPING  AND  OFFERING  COURSES  PROVIDING  EDUCATION IN THE FIELD OF
TRANSMISSION OF INFECTION AND CONTAGIOUS DISEASES, INCLUDING THE  PROPER
METHODS  OF  SANITATION AND STERILIZATION TO BE PRACTICED, ESPECIALLY AS
THEY RELATE TO TOOLS, INSTRUMENTS AND EQUIPMENT, IN THE  PROFESSIONS  OF
WAXING, COSMETOLOGY, NAIL SPECIALTY, ESTHETICS OR NATURAL HAIRSTYLING.
  S  2.  Subdivision  1  of  section  406 of the general business law is
amended by adding five new paragraphs f, g,  h,  i  and  j  to  read  as
follows:
  F.  EACH  APPLICATION  FOR  THE  ISSUANCE  OR RENEWAL OF AN APPEARANCE
ENHANCEMENT BUSINESS LICENSE OR A LICENSE TO PRACTICE WAXING, COSMETOLO-
GY, NAIL SPECIALTY, ESTHETICS OR NATURAL HAIRSTYLING SHALL INDICATE,  BY
SELF-CERTIFICATION  USING THE COURSE COMPLETION CERTIFICATE NUMBER, THAT
THE APPLICANT HAS SUCCESSFULLY COMPLETED THE PRESCRIBED COURSE OF STUDY,
FROM A SCHOOL OR PROGRAM, AS DESCRIBED IN SECTION FOUR HUNDRED FIVE-A OF
THIS ARTICLE, CONCERNING THE PREVENTION OF THE TRANSMISSION OF INFECTION
AND CONTAGIOUS DISEASES, AND THE PROPER METHODS OF SANITATION AND STERI-
LIZATION.
  G. ANY SCHOOL OF  INFECTION  CONTROL  OR  ANY  APPEARANCE  ENHANCEMENT
SCHOOL THAT IS APPROVED BY THE DEPARTMENT OF EDUCATION, UNDER THIS ARTI-
CLE,  SHALL BE ANNUALLY ASSESSED BASED ON THE PRIOR YEAR OF THEIR FINAN-
CIAL STATEMENTS, BY THE SECRETARY OF STATE.  A PERCENTAGE OF THEIR GROSS
TUITION SHALL BE DEPOSITED INTO THE BUSINESS AND  LICENSING  ACCOUNT  AS
DETERMINED BY THE ANNUAL FINANCIAL STATEMENT OR ANNUAL AUDITED FINANCIAL
STATEMENT.  SUCH FUNDS SHALL BE TRANSFERRED TO THE GENERAL FUND IN EQUAL
QUARTERLY INSTALLMENTS WHICH SHALL BE DUE ON APRIL  FIRST,  JULY  FIRST,
OCTOBER FIRST AND JANUARY FIRST.
  H.  (I)  BEGINNING  OCTOBER  FIRST,  TWO THOUSAND TEN, SUCH ANNUALIZED
ASSESSMENT SHALL BE SIX PERCENT.
  (II) BEGINNING APRIL  FIRST,  TWO  THOUSAND  ELEVEN,  SUCH  ANNUALIZED
ASSESSMENT SHALL BE FIVE PERCENT.
  (III)  BEGINNING  APRIL  FIRST,  TWO  THOUSAND TWELVE, SUCH ANNUALIZED
ASSESSMENT SHALL BE FOUR PERCENT.
  (IV) BEGINNING  APRIL  FIRST,  TWO  THOUSAND  THIRTEEN,  AND  IN  EACH
SUCCEEDING  YEAR, SUCH ANNUALIZED ASSESSMENT SHALL BE THREE PERCENT. THE
SECRETARY OF STATE SHALL APPROPRIATE THE FUNDS DECLARED  HEREIN  TOWARDS
THE IMPLEMENTATION AND ENFORCEMENT OF THIS SECTION.
  I. FOLLOWING THE CLOSE OF EACH FISCAL YEAR, THE SECRETARY OF STATE, IN
CONSULTATION  WITH  THE  DIRECTOR  OF THE BUDGET, SHALL DETERMINE IF THE
BALANCE IN THE BUSINESS AND LICENSING ACCOUNT HAS  EXCEEDED  THE  AMOUNT
REQUIRED  FOR  THE  IMPLEMENTATION  AND  ENFORCEMENT OF THIS SECTION, IT
SHOULD BE TAKEN INTO ACCOUNT FOR PROJECTED REVENUES AND EXPENDITURES FOR
THE SUBSEQUENT FISCAL YEAR. TO THE EXTENT THAT A SURPLUS IS  IDENTIFIED,

A. 7718--A                          3

THE SECRETARY OF STATE, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET,
SHALL DIRECT THE TRANSFER OF SUCH SURPLUS TO THE GENERAL FUND.
  J.  LATE  PAYMENTS MAY RESULT IN SUSPENSION OF LICENSURE BY THE SECRE-
TARY OF STATE. PAYMENTS REQUIRED BY THIS SUBDIVISION SHALL BE CONSIDERED
A CONDITION OF LICENSURE OR REGISTRATION.
  S 3. Subdivision 6 of section 408 of  the  general  business  law,  as
added by chapter 509 of the laws of 1992, is amended to read as follows:
  6. Any license, which has not been suspended or revoked, may, upon the
payment  of  the  renewal  fee, be renewed for additional periods of two
years [from its application],  without  further  examination,  upon  the
filing of an application for such renewal, on a form to be prescribed by
the secretary.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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