S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1916
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, LUPARDO, ZACCARO, CUNNINGHAM, SIMONE,
   WEPRIN, LUNSFORD -- read once and referred to the Committee on Econom-
   ic Development
 
 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. Section 400 of the  general  business  law  is  amended  by
 adding two new subdivisions 12 and 13 to read as follows:
   12.  THE  PRACTICE OF "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  PERSON  LICENSED  BY  THE
 SECRETARY  WHO  PRACTICES  LASER  HAIR REMOVAL AS DEFINED IN SUBDIVISION
 TWELVE OF THIS SECTION.
   § 2. Subdivisions 1 and 3 of section 401 of the general business  law,
 subdivision  1 as amended by chapter 80 of the laws of 2015 and subdivi-
 sion 3 as amended by chapter 341 of the laws of  1998,  are  amended  to
 read as follows:
   1.  No  person shall engage in the practice of nail specialty, waxing,
 natural hair styling, esthetics [or], cosmetology OR LASER HAIR REMOVAL,
 as defined in section four  hundred  of  this  article,  without  having
 received  a  license to engage in such practice in the manner prescribed
 in this article. No person shall act as a trainee or perform any service
 as such unless [he or she] SUCH PERSON has  obtained  a  certificate  of
 registration pursuant to this article.
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00118-01-5
              

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 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
 664 of the laws of 2023, 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.
 Regulations  setting  forth  the educational requirements for cosmetolo-
 gists or natural hair stylists shall  include  education  regarding  the
 provision  of  services to individuals with all hair types and textures,
 including, but not limited to,  various  curl  or  wave  patterns,  hair
 strand  thicknesses, and volumes of hair. In promulgating such rules and
 regulations the secretary shall consult with the state education depart-
 ment, the advisory committee established pursuant to this  article,  any
 A. 1916                             3
 
 other  state  agencies  and  private  industry 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.  THE SECRETARY
 SHALL, IN CONSULTATION WITH THE APPEARANCE ENHANCEMENT ADVISORY  COMMIT-
 TEE  PROVIDED FOR IN SECTION FOUR HUNDRED THREE OF THIS ARTICLE, PROMUL-
 GATE 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 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 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; AND  CONTINUED  CERTIFICATION  BY  A  NATIONALLY  ACCREDITED
 ORGANIZATION ACCEPTABLE TO THE DEPARTMENT.
   2.  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.
   3. THE SECRETARY SHALL REQUIRE  ESTABLISHMENTS  PROVIDING  LASER  HAIR
 REMOVAL TO MAINTAIN A MAINTENANCE OF A MINIMUM OF ONE MILLION DOLLARS IN
 LIABILITY INSURANCE.
   §  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
 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.  EACH APPLICATION FOR A LICENSE TO  PRAC-
 TICE LASER HAIR REMOVAL SHALL BE ACCOMPANIED BY SATISFACTORY EVIDENCE OF
 HAVING  TAKEN AND PASSED THE EXAMINATIONS OFFERED BY THE SECRETARY FOR A
 LICENSE TO  PRACTICE  ESTHETICS  OR  COSMETOLOGY  AND  EVIDENCE  OF  THE
 SUCCESSFUL  COMPLETION  OF  AN  APPROVED COURSE OF STUDY IN ESTHETICS OR
 COSMETOLOGY IN A SCHOOL DULY LICENSED PURSUANT TO THE EDUCATION LAW.
 A. 1916                             4
 
   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]  THAT  SUCH APPLICANT 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  educa-
 tional  and  testing  requirements of this section, a person licensed to
 practice barbering under article twenty-eight of this chapter who other-
 wise has met the licensing requirements of this article may be issued  a
 license  to practice 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
 insure that prospective applicants and applicants have attained adequate
 levels  of  skill  to competently engage in the activities authorized by
 the license.
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   § 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]  A
 PERSON,  PARTNERSHIP,  LIMITED LIABILITY COMPANY OR BUSINESS CORPORATION
 out as or acted, temporarily or otherwise, as a nail specialist, natural
 hair stylist, esthetician [or],  cosmetologist  OR  LASER  HAIR  REMOVAL
 TECHNICIAN  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 corpo-
 ration 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.