S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7977--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 23, 2017
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Economic Development -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the general business law, in relation to licensing of
   laser hair removal technicians

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 6 of section 400 of the general business law,
 as added by chapter 509 of the laws of 1992,  is  amended  and  two  new
 subdivisions 12 and 13 are added to read as follows:
   6.  The  practice  of  "esthetics"  means  providing for a fee, or any
 consideration or exchange,  whether  direct  or  indirect,  services  to
 enhance the appearance of the face, neck, arms, legs, and shoulders of a
 human  being  by  the  use  of compounds or procedures including makeup,
 eyelashes, depilatories, tonics, lotions, waxes, sanding  and  tweezing,
 whether  performed  by  manual, mechanical, chemical or electrical means
 and instruments but shall not include the practice of NEEDLE BASED elec-
 trology. THE PRACTICE OF "ESTHETICS" SHALL INCLUDE LASER HAIR REMOVAL OR
 INTENSE PULSES OF LIGHT HAIR REMOVAL PERFORMED ON ANY PART OF THE  HUMAN
 BODY.
   12.  "LASER  HAIR  REMOVAL"  MEANS  THE USE OF A LASER OR PULSED LIGHT
 DEVICE IN A HAIR REMOVAL PROCEDURE THAT DOES NOT REMOVE THE EPIDERMIS.
   13. "LASER HAIR REMOVAL TECHNICIAN" MEANS A LICENSED ESTHETICIAN WHOSE
 PRACTICE IS LIMITED TO LASER HAIR REMOVAL.
   § 2. 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,  and  the  other
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11453-04-7

 A. 7977--A                          2
 
 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.  NOTHING IN THIS SECTION
 SHALL  PROHIBIT  THE  SECRETARY  FROM INCORPORATING COMPETENCY STANDARDS
 DEVELOPED BY  NATIONALLY  ACCREDITED  ORGANIZATIONS  ACCEPTABLE  TO  THE
 DEPARTMENT INTO REQUIREMENTS FOR LICENSURE IN PRACTICE AREAS WHEN NECES-
 SARY TO MAINTAIN PUBLIC HEALTH AND SAFETY.
   § 3. The general business law is amended by adding a new section 404-c
 to read as follows:
   §  404-C.  LASER HAIR REMOVAL RULES AND REGULATIONS. 1. (A) THE SECRE-
 TARY SHALL PROMULGATE RULES AND REGULATIONS  WHICH  ESTABLISH  STANDARDS
 FOR  THE  PRACTICE  AND OPERATION OF LICENSED LASER HAIR REMOVAL TECHNI-
 CIANS IN ORDER TO ENSURE THE HEALTH, SAFETY AND WELFARE  OF  THE  PUBLIC
 INCLUDING  LICENSEES  AND  TRAINEES WHEN THEY ARE WORKING IN SUCH ESTAB-
 LISHMENTS.  SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED
 TO: THE IMPLEMENTATION OF A REGISTRATION  FEE  FOR  LASER  HAIR  REMOVAL
 ESTABLISHMENTS; A MINIMUM AGE REQUIREMENT FOR LASER HAIR REMOVAL TECHNI-
 CIANS;  THE  MINIMUM  NUMBER OF HOURS OF TRAINING A TRAINEE MUST RECEIVE
 FROM A STATE APPROVED CURRICULUM; TRAINING REQUIREMENTS  SPECIFYING  THE
 MINIMUM  NUMBER  OF PROCEDURES, SPECIFIC TO EACH PART OF THE BODY, TO BE
 PERFORMED ON VOLUNTEERS; CONTINUED CERTIFICATION BY A NATIONALLY ACCRED-
 ITED ORGANIZATION ACCEPTABLE TO THE DEPARTMENT.
   (B) THE DEPARTMENT MAY, AT ITS DISCRETION, WAIVE TRAINING AND  CURRIC-
 ULUM  REQUIREMENTS FOR CURRENTLY EMPLOYED LICENSED ESTHETICIANS PERFORM-
 ING LASER HAIR REMOVAL PROVIDED THAT THE LICENSED ESTHETICIAN  SATISFAC-
 TORILY COMPLETES THE COMPETENCY EXAMINATION APPROVED BY THE DEPARTMENT.
   (C)  THE  SECRETARY  SHALL REQUIRE ESTABLISHMENTS PROVIDING LASER HAIR
 REMOVAL TO MAINTAIN A MAINTENANCE OF A MINIMUM OF ONE MILLION DOLLARS IN
 LIABILITY INSURANCE.
   2. EVERY FACILITY THAT IS NOT A MEDICAL PRACTICE SHALL BE REQUIRED  TO
 HAVE  A  LASER  SAFETY  OFFICER CERTIFIED BY AN INDEPENDENT LASER SAFETY
 ORGANIZATION ACCEPTABLE TO THE DEPARTMENT AND A CONSULTING PHYSICIAN WHO
 IS FAMILIAR WITH THE USE OF LASERS  FOR  HAIR  REMOVAL.  THE  CONSULTING
 PHYSICIAN  SHALL  CONDUCT AN ANNUAL AUDIT OF POLICIES AND PROCEDURES AND
 SHALL BE AVAILABLE THROUGHOUT THE YEAR  TO  SEE  A  LASER  HAIR  REMOVAL
 CLIENT IN CASE OF INJURY.
   §  4. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.