NY State Senate Bill 2017-S6088A

Archive: Last Bill Status - In Senate Committee Consumer Protection 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 03, 2018	referred to consumer protection
Jun 16, 2017	print number 6088a
Jun 16, 2017	amend and recommit to rules
Jun 06, 2017	reported and committed to rules
May 11, 2017	referred to consumer protection

Votes

- Jun 6, 2017 - Consumer Protection Committee Vote
  S6088A
  
  9
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Jun 6, 2017
      
      aye (9)
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Funke
      
      Hamilton
      
      Latimer
      
      Robach
      
      Serrano
      
      aye wr (2)
      
      Amedore
      
      Helming

Bill Amendments

Original

A (Active)

2017-S6088 - Details

See Assembly Version of this Bill:: A7977
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§400 & 402, add §404-c, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S2834, A821

2017-S6088 - Summary

Includes laser hair removal in the practice of esthetics for purposes of licensing such practice.

2017-S6088 - Sponsor Memo

                                 BILL NUMBER:  S6088

 TITLE OF BILL :

An act to amend the general business law, in relation to licensing of
laser hair removal technicians

 PURPOSE :

To license and regulate laser hair removal technicians to ensure the
health, safety and welfare of laser hair removal consumers, and for
technicians and trainees while working in the establishment.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Subdivision 6 of section 400 of the general business law is
amended to:

Include laser hair removal or intense pulses light (IPL) hair removal
performed on any part of the human body in the practice of
"esthetics".

Defines laser hair removal as the use of a laser or pulsed light
device in a hair removal procedure that does not remove the epidermis.
Defines a laser hair removal technician as a licensed esthetician
whose practice is limited to a laser hair removal.

Section 2. Subdivision 5 of section 402 of the general business law:

Permits the secretary to incorporate competency standards developed by
acceptable nationally accredited organizations into the requirements
for licensure.

Section 3. The general business law adds a new section 404-c to
establish rules and regulations for the practice and operation of
licensed hair removal technicians and establishments in order to
ensure the health, safety and welfare of the public including
licensees and trainees.

Regulations shall include registration fees, minimum age requirements,
a minimum number of training hours, a minimum number of training hours
specific to each body part which shall be performed on volunteers, a
continued certification by the Society for the Clinical and Medical
Hair Removal and maintain a minimum of 1 million dollars in
malpractice liability insurance.

Every non-medical practice establishment shall be required to have a
certified laser safety officer and consulting physician who is trained
in the use of lasers for hair removal. The consulting physician will
conduct annual policy and procedure audits.

Section 4. The act will take effect immediately.

 JUSTIFICATION :

Given growing consumer demand for removing unwanted body hair and the
lack of any applicable state law or regulation that addresses the safe
use of lasers for this purpose outside of physician offices, the need
for this legislation is compelling. New Yorkers who seek these
cosmetic services should be protected. It is an important public
safety issue.

Removing unwanted body hair using a lasers/pulsed light device is not
a medical procedure. These services are optional, completely voluntary
and consumer-initiated based on a desire to enhance personal
appearance, whereas the practice of medicine involves diagnosing and
treating human diseases, pain, injury, deformity or physical
condition. Although laser hair removal is a service that is frequently
offered in medical practices such as dermatology or plastic surgery,
there is no reason to limit hair removal to medical practitioners.
However, it is important to require appropriate training and guarantee
the competence of non-medical personnel who use lasers for hair
removal.

The appropriate oversight resides in appearance enhancement licenses
that are issued by the NYS Department of State upon satisfactory
completion of training and education governed by the NYS Education
Department's Bureau of Proprietary School Supervision.

Laser hair removal is a non-ablative procedure meaning that it does
not affect skin layers deeper than the outer layer (epidermis). As
such, the procedure bears closest resemblance to esthetician services.
Although laser hair removal can be performed safely by non-medical
personnel, it is essential that laser hair removal practitioners fully
understand and are competency-tested in laser technology fundamentals
including equipment calibration and maintenance as well as safety
standards that guarantee their safety as well as consumers. It is
understood that such practitioners would also meet all the
requirements in current regulations for licensed estheticians.

It is important to note that other states increasingly rely upon
nationally accredited organizations to test practitioner competence
and guarantee the safety of consumers wishing to avail themselves of
laser hair removal services. The Board of Laser Safety offers
certification for laser safety officers. The Society for Clinical and
Hair Removal offers a Certified Laser Hair Removal Professional
examination and certification. In fact, this organization requires
continuing education in order to maintain certification.

Due to the state's lack of oversight, the number of non-physician
laser hair removal practitioners offering their services in New York
today is not known. What is known informally is that their insurers
report a large number of claims filed by injured New Yorkers who come
here from other states in search of lower fees.

This legislation and the ensuing regulations will provide
administrative and disciplinary oversight essential for the health,
safety and welfare for laser hair removal consumers, trained
technicians, trainees, and establishments.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

Minimal and to be determined.

 EFFECTIVE DATE :
Immediately.

2017-S6088 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6088
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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
 matters incidental or appropriate to the powers and duties of the secre-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11453-02-7

 S. 6088                             2
 
 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.  THE  SECRETARY
 SHALL PROMULGATE RULES AND REGULATIONS WHICH ESTABLISH STANDARDS FOR THE
 PRACTICE  AND  OPERATION  OF  LICENSED LASER HAIR REMOVAL TECHNICIANS IN
 ORDER TO ENSURE THE HEALTH, SAFETY AND WELFARE OF THE  PUBLIC  INCLUDING
 LICENSEES  AND  TRAINEES  WHEN  THEY ARE WORKING IN SUCH ESTABLISHMENTS.
 SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT NOT  BE  LIMITED  TO:  THE
 IMPLEMENTATION  OF  A REGISTRATION FEE FOR LASER HAIR REMOVAL ESTABLISH-
 MENTS; A MINIMUM AGE REQUIREMENT FOR LASER HAIR REMOVAL TECHNICIANS; 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  THE  SOCIETY  FOR  CLINICAL  AND
 MEDICAL  HAIR  REMOVAL;  AND THE MAINTENANCE OF A MINIMUM OF ONE MILLION
 DOLLARS IN MALPRACTICE LIABILITY INSURANCE.
   2. EVERY FACILITY THAT IS NOT A MEDICAL PRACTICE SHALL BE REQUIRED  TO
 HAVE  A CERTIFIED LASER SAFETY OFFICER AND A CONSULTING PHYSICIAN WHO IS
 TRAINED IN 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 immediately.

co-Sponsors

View additional co-sponsors

2017-S6088A (ACTIVE) - Details

See Assembly Version of this Bill:: A7977
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§400 & 402, add §404-c, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S2834, A821

2017-S6088A (ACTIVE) - Summary

Includes laser hair removal in the practice of esthetics for purposes of licensing such practice.

2017-S6088A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6088A

 TITLE OF BILL :  An act to amend the general business law, in
relation to licensing of laser hair removal technicians

 PURPOSE :

To license and regulate laser hair removal technicians to ensure the
health, safety and welfare of laser hair removal consumers, and for
technicians and trainees while working in the establishment.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Subdivision 6 of section 400 of the general business law is
amended to:

Include laser hair removal or intense pulses light (iPL) hair removal
performed on any part of the human body in the practice of
"esthetics".

Defines laser hair removal as the use of a laser or pulsed light
device in a hair removal procedure that does not remove the epidermis.

Defines a laser hair removal technician as a licensed esthetician
whose practice is limited to a laser hair removal.

Section 2. Subdivision 5 of section 402 of the general business law:

Permits the secretary to incorporate competency standards developed by
a nationally accredited organization acceptable to the department.

The department may, at its discretion, waive training and curriculum
requirements for currently employed licensed estheticians performing
laser hair removal provided that the licensed esthetician
satisfactorily completes the competency examination approved by the
department.

Section 3. The general business law adds a new section 404-c to
establish rules and regulations for the practice and operation of
licensed hair removal technicians and establishments in order to
ensure the health, safety and welfare of the public including
licensees and trainees.

Regulations shall include registration fees, minimum age requirements,
a minimum number of training hours, a minimum number of training hours
specific to each body part which shall be performed on volunteers, a
continued certification by a nationally accredited organization
acceptable to the department.

The Commissioner of State shall require establishments providing laser
hair removal to maintain a minimum of one million dollars in
(malpractice) liability insurance.

Every non-medical practice establishment shall be required to have a
certified laser safety officer and consulting physician who is trained
in the use of lasers for hair removal. The consulting physician will
conduct annual policy and procedure audits.

Section 4. The effective date.

 JUSTIFICATION :

Given growing consumer demand for removing unwanted body hair and the
lack of any applicable state law or regulation that addresses the safe
use of lasers for this purpose outside of physician offices, the need
for this legislation is compelling. New Yorkers who seek these
cosmetic services should be protected. It is an important public
safety issue.

Removing unwanted body hair using a lasers/pulsed light device is not
a medical procedure. These services are optional, completely voluntary
and consumer-initiated based on a desire to enhance personal
appearance, whereas the practice of medicine involves diagnosing and
treating human diseases, pain, injury, deformity or physical
condition. Although laser hair removal is a service that is frequently
offered in medical practices such as dermatology or plastic surgery,
there is no reason to limit hair removal to medical practitioners.
However, it is important to require appropriate training and guarantee
the competence of non-medical personnel who use lasers for hair
removal.

The appropriate oversight resides in appearance enhancement licenses
that are issued by the NYS Department of State upon satisfactory
completion of training and education governed by the NYS Education
Department's Bureau of Proprietary School Supervision.

Laser hair removal is a non-ablative procedure meaning that it does
not affect skin layers deeper than the outer layer (epidermis). As
such, the procedure bears closest resemblance to esthetician services.
Although laser hair removal can be performed safely by non-medical
personnel, it is essential that laser hair removal practitioners fully
understand and are competency-tested in laser technology fundamentals
including equipment calibration and maintenance as well as safety
standards that guarantee their safety as well as consumers. It is
understood that such practitioners would also meet all the
requirements in current regulations for licensed estheticians.

It is important to note that other states increasingly rely upon
nationally accredited organizations to test practitioner competence
and guarantee the safety of consumers wishing to avail themselves of
laser hair removal services. The Board of Laser Safety offers
certification for laser safety officers. The Society for Clinical and
Hair Removal offers a Certified Laser Hair Removal Professional
examination and certification. In fact, this organization requires
continuing education in order to maintain certification.

Due to the state's lack of oversight, the number of non-physician
laser hair removal practitioners offering their services in New York
today is not known. What is known informally is that their insurers
report a large number of claims filed by injured New Yorkers who come
here from other states in search of lower fees.

This legislation and the ensuing regulations will provide
administrative and disciplinary oversight essential for the health,
safety and welfare for laser hair removal consumers, trained
technicians, trainees, and establishments.

 LEGISLATIVE HISTORY:

This is a new bill - Same as A7977 Paulin.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect one year after it shall be signed into law,
provided that the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation are authorized and
directed to be made and completed.

2017-S6088A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6088--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   reported  favorably from said committee and committed to the Committee
   on Rules -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11453-03-7

 S. 6088--A                          2
 
 investigation  and  examination  of applicants and of prospective appli-
 cants taking  examinations  and  their  qualifications,  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.  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.

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Senate Bill S6088A

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Jun 6, 2017 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: Jun 6, 2017

Bill Amendments

2017-S6088 - Details

2017-S6088 - Summary

2017-S6088 - Sponsor Memo

2017-S6088 - Bill Text download pdf

co-Sponsors

2017-S6088A (ACTIVE) - Details

2017-S6088A (ACTIVE) - Summary

2017-S6088A (ACTIVE) - Sponsor Memo

2017-S6088A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6088A

Share this bill

Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2017-S6088 - Details

2017-S6088 - Summary

2017-S6088 - Sponsor Memo

2017-S6088 - Bill Text download pdf

co-Sponsors

Tony Avella

Phil Boyle

Rich Funke

Jesse Hamilton

2017-S6088A (ACTIVE) - Details

2017-S6088A (ACTIVE) - Summary

2017-S6088A (ACTIVE) - Sponsor Memo

2017-S6088A (ACTIVE) - Bill Text download pdf

Comments