S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6578
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2019
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the general business law, in relation  to  certification
   of shampoo assistants
 
   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
 408-b to read as follows:
   § 408-B. SHAMPOO ASSISTANT CERTIFICATION. 1. AN APPLICANT FOR A  SHAM-
 POO ASSISTANT CERTIFICATE SHALL HAVE COMPLETED A MINIMUM OF FIVE HUNDRED
 HOURS  OF THE REQUIRED ONE THOUSAND HOURS OF AN APPROVED COURSE OF STUDY
 IN COSMETOLOGY IN A SCHOOL DULY LICENSED PURSUANT TO THE  EDUCATION  LAW
 AND  SHALL  REMAIN  ENROLLED  IN  SUCH  SCHOOL  UNTIL COMPLETION OF SUCH
 COURSE. THE SECRETARY SHALL PRESCRIBE THE SPECIFIC COURSES AND AMOUNT OF
 HOURS IN SUCH COURSES THAT SHALL BE  PART  OF  SUCH  FIVE  HUNDRED  HOUR
 REQUIREMENT.
   2. EACH APPLICATION SHALL BE ACCOMPANIED BY A FEE AS PRESCRIBED BY THE
 SECRETARY.
   3.  SUCH CERTIFICATION SHALL BE ISSUED BY THE SECRETARY AFTER AFFIRMA-
 TION BY A DEPARTMENT OF EDUCATION APPROVED SCHOOL THAT AN INDIVIDUAL HAS
 COMPLETED THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION.
   4. ALL SHAMPOO ASSISTANT CERTIFICATES SHALL EXPIRE ONE YEAR  FROM  THE
 DATE OF ISSUANCE.
   5.  A  CERTIFICATE  ISSUED PURSUANT TO THIS SECTION SHALL BE POSTED IN
 SOME CONSPICUOUS PLACE IN THE PREMISES LICENSED PURSUANT TO THIS ARTICLE
 OR IN THE PLACE WHERE THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT TO
 THIS ARTICLE IS CONDUCTED.
   6. A. SHAMPOO ASSISTANT CERTIFICATION  HOLDERS  SHALL  BE  LIMITED  TO
 PARTICIPATING IN THE FOLLOWING ACTIVITIES:
   (I) GREETING AND DRAPING CLIENTS IN PREPARATION FOR SERVICES; AND
   (II) SHAMPOOING AND RINSING CLIENTS IN PREPARATION FOR SERVICES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10060-01-9

 A. 6578                             2
 
   B. SHAMPOO ASSISTANT CERTIFICATION HOLDERS SHALL BE PROHIBITED FROM:
   (I) APPLYING CHEMICALS TO CLIENTS;
   (II) PERFORMING HAIRCUTTING TECHNIQUES;
   (III) PLACING ARTIFICIAL BRAIDS OR EXTENSIONS ON CLIENTS;
   (IV) PERFORMING ANY NAIL SERVICES OR PROCEDURES;
   (V) PERFORMING ANY SKIN CARE PROCEDURES; AND
   (VI) PERFORMING ANY WAXING SERVICES.
   7.  THE PRACTICE OF SHAMPOO ASSISTANT WITHOUT THE CERTIFICATE REQUIRED
 BY THIS SECTION OR WHILE UNDER SUSPENSION OR REVOCATION, OR IN VIOLATION
 OF AN ORDER DIRECTING THE CESSATION OF UNLICENSED ACTIVITY ISSUED BY THE
 SECRETARY PURSUANT TO SECTION FOUR HUNDRED TEN OR FOUR HUNDRED ELEVEN OF
 THIS ARTICLE, IS A VIOLATION AND IS SUBJECT TO A CIVIL PENALTY OF UP  TO
 FIVE  HUNDRED  DOLLARS  FOR THE FIRST VIOLATION AND ONE THOUSAND DOLLARS
 FOR A SECOND AND ANY SUBSEQUENT VIOLATION.
   § 2. The opening paragraph of subdivision one of section  410  of  the
 general  business  law, as amended by chapter 80 of the laws of 2015, is
 amended to read as follows:
   Suspension and revocation of licenses [or], registrations, OR  CERTIF-
 ICATIONS;  fines;  reprimands.  A license [or], registration, OR CERTIF-
 ICATION issued pursuant to this article may be suspended or revoked,  or
 a  fine not exceeding five hundred dollars payable to the department may
 be imposed for any one or more of the following causes:
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.