LBD03811-11-0
S. 2834--A 2
3. A person licensed by any other state or country to practice nail
specialty, waxing, natural hair styling, esthetics [or], cosmetology OR
LASER HAIR REMOVAL shall be allowed to practice in New York state for
three months or less within any calendar year for the purpose of giving
to, or receiving from, persons who are licensed under this article
training in current styles, techniques or materials, provided however,
that no such unlicensed person may provide services to the public for
any fee, or other compensation, whether direct or indirect.
§ 3. Subdivision 1 of section 403 of the general business law, as
amended by chapter 339 of the laws of 2017, is 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, and one of whom shall ensure strict adherence to quality services
for all clients of all hair types, including, but not limited to, curl
pattern, hair strand thickness, and volume of hair; one person engaged
in esthetics; ONE PERSON ENGAGED IN LASER HAIR REMOVAL; two persons
engaged in cosmetology; two persons engaged in training of persons for
such practices and one person licensed as a dermatologist. 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.
§ 4. Section 404 of the general business law, as amended by chapter 80
of the laws of 2015, is amended to read as follows:
§ 404. Rules and regulations. The secretary shall promulgate rules and
regulations which establish standards for practice and operation by
licensees and trainees under this article in order to ensure the health,
safety and welfare of the public including licensees and trainees when
they are working within such establishments. Such rules and regulations
shall include, but not be limited to, the sanitary conditions and proce-
dures required to be maintained, a minimum standard of training appro-
priate to the duties of nail specialists, trainees, waxers, natural hair
stylists, estheticians, [and], cosmetologists, AND LASER HAIR REMOVAL
TECHNICIANS and the provision of service by nail specialists, trainees,
waxers, natural hair stylists, estheticians [or], cosmetologists OR
LASER HAIR REMOVAL TECHNICIANS at remote locations other than the
licensee's home provided that such practitioner holds an appearance
enhancement business license to operate at a fixed location or is
employed by the holder of an appearance enhancement business license.
Regulations setting forth the educational requirements for nail special-
ists and trainees shall include education in the area of causes of
infection and bacteriology. REGULATIONS RELATED TO THE PRACTICE AND
OPERATION OF LICENSED LASER HAIR REMOVAL TECHNICIANS SHALL INCLUDE THE
STANDARDS SET FORTH IN SECTION FOUR HUNDRED FOUR-D OF THIS ARTICLE. In
promulgating such rules and regulations the secretary shall consult with
the state education department, the advisory committee established
pursuant to this article, any other state agencies and private industry
S. 2834--A 3
representatives as may be appropriate in determining minimum training
requirements.
§ 5. The general business law is amended by adding a new section 404-d
to read as follows:
§ 404-D. LASER HAIR REMOVAL RULES AND REGULATIONS. 1. (A) THE SECRE-
TARY SHALL, IN CONSULTATION WITH THE APPEARANCE ENHANCEMENT ADVISORY
COMMITTEE PROVIDED FOR IN SECTION FOUR HUNDRED THREE OF THIS ARTICLE,
PROMULGATE RULES AND REGULATIONS WHICH ESTABLISH STANDARDS FOR THE PRAC-
TICE AND OPERATION OF LICENSED LASER HAIR REMOVAL TECHNICIANS IN ORDER
TO ENSURE THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC INCLUDING LICEN-
SEES AND TRAINEES WHEN THEY ARE WORKING IN SUCH ESTABLISHMENTS. SUCH
RULES AND REGULATIONS SHALL BE PROMULGATED IN ACCORDANCE WITH SECTION
FOUR HUNDRED FOUR OF THIS ARTICLE AND SHALL INCLUDE, BUT NOT BE LIMITED
TO: THE IDENTIFICATION OF A STATE APPROVED CURRICULUM FOR LICENSEES;
THE IMPLEMENTATION OF A REGISTRATION FEE FOR LASER HAIR REMOVAL ESTAB-
LISHMENTS; 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; AND CONTINUED CERTIFICATION BY A NATIONALLY ACCREDITED
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. THE PRACTICE OF LASER HAIR REMOVAL SHALL ONLY BE PERFORMED BY A
PERSON LICENSED TO PRACTICE MEDICINE OR BY A LICENSED LASER HAIR REMOVAL
TECHNICIAN UNDER THE DIRECTION AND SUPERVISION OF A PERSON LICENSED TO
PRACTICE MEDICINE.
3. EVERY FACILITY THAT IS NOT A MEDICAL PRACTICE SHALL BE REQUIRED TO
HAVE 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.
§ 6. Paragraph a of subdivision 1 of section 406 of the general busi-
ness law, as amended by chapter 341 of the laws of 1998, is amended to
read as follows:
a. Any person intending to practice nail specialty, waxing, natural
hair styling, esthetics [or], cosmetology OR LASER HAIR REMOVAL as
defined in this article, or to own or operate an appearance enhancement
business, shall first make application to the secretary for a license
therefor.
§ 7. Subdivision 2 of section 406 of the general business law, as
amended by chapter 341 of the laws of 1998 and paragraph c as amended by
section 3 of part D of chapter 328 of the laws of 2014, is amended to
read as follows:
2. a. Any person seventeen years of age or older may apply to the
secretary for a license to practice nail specialty, waxing, natural hair
styling, esthetics or cosmetology.
b. Each such application shall also be accompanied by satisfactory
evidence of having taken and passed the appropriate examination or exam-
inations offered by the secretary pursuant to this article for the
license sought and evidence of the successful completion of an approved
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course of study in nail specialty, waxing, natural hair styling, esthet-
ics [or], cosmetology OR LASER HAIR REMOVAL in a school duly licensed
pursuant to the education law.
c. Any applicant for a license to practice nail specialty, waxing,
natural hair styling, esthetics [or], cosmetology OR LASER HAIR REMOVAL
may submit satisfactory evidence of licensure to practice an equivalent
occupation issued by any other state, territory, protectorate or depend-
ency of the United States or any other country in lieu of the evidence
of schooling and examination required by this subdivision, provided that
such license was granted in compliance with standards which were, in the
judgment of the secretary, not lower than those of this state and
provided that such state, territory, protectorate, dependency, or coun-
try extends similar reciprocity to the licensees of this state, or the
applicant practiced an equivalent occupation in such state, territory,
protectorate, dependency or country for a minimum of five years, or the
applicant is a member of the household of a member of the armed forces
of the United States, national guard or reserves and was a member of
such household before such member relocated to the state.
d. Notwithstanding the educational requirements of this section and
the testing requirements of this section, an applicant who otherwise has
met the licensing requirements of this article for a nail specialist,
waxer, natural hair stylist, esthetician [or], cosmetologist OR LASER
HAIR REMOVAL TECHNICIAN who shall provide satisfactory evidence he or
she has been actively and continuously engaged in the practice of nail
specialty, waxing, natural hair styling, esthetics [or], cosmetology OR
LASER HAIR REMOVAL for at least one year prior to the effective date of
this article, may be issued a license for nail specialty, waxing,
natural hair styling, esthetics [or], cosmetology OR LASER HAIR REMOVAL
pursuant to this article. Notwithstanding the educational and testing
requirements of this section, a person licensed to practice barbering
under article twenty-eight of this chapter who otherwise has met the
licensing requirements of this article may be issued a license to prac-
tice natural hairstyling. Other than applicants licensed under article
twenty-eight of this chapter, those persons who apply after a twelve
month period from the effective date of this article will be required to
provide evidence of training and to take the examination or examinations
as required for other licenses pursuant to this article.
e. Upon acceptance by the secretary of a proper application for an
operator's license to practice nail [speciality] SPECIALTY, waxing,
natural hair styling, esthetics [or], cosmetology OR LASER HAIR REMOVAL,
the secretary may issue a temporary operator's license which shall
expire six months from issuance. Upon good cause shown, the secretary
may renew a temporary operator's license for one additional six-month
period upon filing the appropriate application and fee.
§ 8. 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 AND LASER HAIR REMOVAL
shall be practical and written. The examinations for the license to
practice waxing shall be limited to a written examination only. The
secretary shall determine reasonable 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
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insure that prospective applicants and applicants have attained adequate
levels of skill to competently engage in the activities authorized by
the license.
§ 9. Subdivision 1 of section 409 of the general business law, as
amended by section 2 of part Y of chapter 60 of the laws of 2011, is
amended to read as follows:
1. The non-refundable fee for an application for a license to engage
in the practice of nail specialty, waxing, natural hair styling, esthet-
ics [or], cosmetology OR LASER HAIR REMOVAL, shall be forty dollars
initially and for each renewal thereof the fee shall be forty dollars;
the fee for a temporary license and each renewal shall be ten dollars.
§ 10. Paragraph a of subdivision 2 of section 410 of the general busi-
ness law, as amended by chapter 80 of the laws of 2015, is amended to
read as follows:
a. The secretary may issue an order directing the cessation of any
activity related to nail specialty, waxing, natural hair styling,
esthetics [or], cosmetology OR LASER HAIR REMOVAL for which a license is
required by this article upon a determination that a person, partner-
ship, limited liability company or business corporation, engaging in the
business or occupation of, or holding himself, herself or itself out as
or acted, temporarily or otherwise, as a nail specialist, natural hair
stylist, esthetician [or], cosmetologist OR LASER HAIR REMOVAL TECHNI-
CIAN within this state without a valid license being in effect. The
secretary shall, before making such determination and order, afford such
person, partnership, limited liability company or business corporation
an opportunity to be heard in person or by counsel in reference thereto
in an adjudicatory proceeding held pursuant to section four hundred
eleven of this article as applicable.
§ 11. Subdivision 1 of section 412 of the general business law, as
amended by chapter 80 of the laws of 2015, is amended to read as
follows:
1. The practice of nail specialty, waxing, natural hair styling,
esthetics [or], cosmetology OR LASER HAIR REMOVAL without a license 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; one thousand dollars for a
second such violation; and two thousand five hundred dollars for a third
violation and any subsequent violation.
§ 12. 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.