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

                                  10632

                          I N  A S S E M B L Y

                              June 12, 2012
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Pretlow) --
  read once and referred to the Committee on Economic Development

AN ACT to amend the general business law, in relation to providing  that
  state  cosmetology  curriculums  and  examinations reflect instruction
  concerning ethnic and minority clients

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

  Section  1.  Subdivision 5 of section 402 of the general business law,
as added by chapter 509 of the laws of  1992,  is  amended  to  read  as
follows:
  5.  Adopt  such  rules  and  regulations  not  inconsistent  with  the
provisions of this article, as may be necessary with respect to the form
and content of applications for licenses,  the  reception  thereof,  the
investigation  and  examination  of applicants and of prospective appli-
cants taking examinations and their qualifications, THE  MAINTENANCE  OF
CULTURAL  AND  ETHNIC  AWARENESS WITHIN THE PRESCRIBED CURRICULUM AND IN
EXAMINATIONS AND RACIAL  EQUALITY  AMONGST  APPLICANTS,  and  the  other
matters incidental or appropriate to the powers and duties of the secre-
tary as prescribed by this article and for the proper administration and
enforcement of the provisions of this article.
  S  2. Subdivisions 1 and 3 of section 403 of the general business law,
subdivision 1 as amended by chapter 341 of the laws of 1998 and subdivi-
sion 3 as added by chapter 509 of the laws of 1992, are amended to  read
as follows:
  1.  There  shall  be  established  within  the  department an advisory
committee which shall consist of [nine] TEN  members  broadly  represen-
tative  of  the  appearance  enhancement  industry, including one person
engaged in the practice of either nail specialty or waxing, two  persons
engaged  in  natural hair styling, one of whom shall be knowledgeable in
the practice of styling techniques  which  place  tension  on  the  hair
roots, one person engaged in esthetics, two persons engaged in cosmetol-
ogy,  two  persons  engaged  in  training of persons for such practices,
[and] one person licensed as a dermatologist, AND ONE PERSON  WHO  SHALL
ENSURE  STRICT  ADHERENCE TO QUALITY SERVICES FOR ALL CLIENTS, INCLUDING

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

                                                           LBD16011-01-2

A. 10632                            2

MINORITY AND ETHNIC CLIENTS. The secretary shall appoint such persons to
serve on the advisory committee, provided, that two shall  be  appointed
by the secretary on the recommendation of the temporary president of the
senate and two shall be appointed by the secretary on the recommendation
of  the  speaker  of the assembly. Each member of the committee shall be
appointed for terms of two years. Any  member  may  be  reappointed  for
additional  terms.  The secretary shall designate from among the members
of the committee a chairperson who shall serve at the  pleasure  of  the
secretary.
  3.  The  advisory  committee shall advise the secretary on all matters
relating to this article, and on such other  matters  as  the  secretary
shall  request.  In advising the secretary on matters concerning profes-
sional education or curriculum, INCLUDING ENSURING THAT SUCH  CURRICULUM
IS  NOT  RACIALLY  BIASED,  the  advisory committee shall, to the extent
practicable, consult with the state education department.
  S 3. Subdivision 1 of section 407 of  the  general  business  law,  as
amended  by  chapter  255  of  the  laws  of 1999, is amended to read as
follows:
  1. The examinations for the license to practice natural hair  styling,
esthetics,  nail  specialty and cosmetology shall be practical and writ-
ten. The examinations for the license to practice waxing shall be limit-
ed to a written examination only. The secretary shall determine  reason-
able  standards  of  performance for each license and shall evaluate the
prospective applicants and applicants on the basis  of  such  standards.
The  objectives  of the examinations shall be to insure that prospective
applicants and applicants have sufficient basic skills to safeguard  the
health  and  safety  of the public and to insure that prospective appli-
cants and applicants have attained adequate levels of  skill  to  compe-
tently  engage  CLIENTS  FROM VARYING CULTURAL AND ETHNIC BACKGROUNDS in
the activities authorized by the license.
  S 4. This act shall take effect immediately.