S T A T E O F N E W Y O R K
________________________________________________________________________
5438
2025-2026 Regular Sessions
I N S E N A T E
February 21, 2025
___________
Introduced by Sen. CLEARE -- 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 the license
requirements for natural hair styling
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds that
natural hair styling is a practice that is rich in cultural history. The
legislature further finds that natural hair styling is distinct and
separate from other practices of cosmetology. Therefore, the legislature
finds that natural hair styling shall have its own licensing plan that
is culturally sensitive and takes into account the history of natural
hair stylists.
§ 2. Subdivision 5 of section 400 of the general business law, as
amended by chapter 343 of the laws of 1998, is amended to read as
follows:
5. The practice of "natural hair styling" means providing for a fee,
or any consideration or exchange, whether direct or indirect, any of the
following services to the hair of a human being: shampooing, arranging,
dressing, twisting, wrapping, weaving, extending, locking or braiding
the hair or beard by either hand or mechanical appliances. Such practice
shall not include cutting, shaving or trimming hair except that such
activities are permissible to the extent that such activities are inci-
dental to the practice of natural hair styling. Such practice shall not
include the application of dyes, reactive chemicals, or other prepara-
tions to alter the color or to straighten, curl, or alter the structure
of the hair. Techniques which result in tension on hair roots such as
certain types of braiding, weaving, wrapping, locking and extending of
the hair may only be performed by a [natural hair styling] PERSON
LICENSED TO PRACTICE NATURAL HAIR STYLING PURSUANT TO SECTION FOUR
HUNDRED SIX-A OF THIS ARTICLE, or A cosmetology licensee who has
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10065-01-5
S. 5438 2
successfully completed an approved course of study in such techniques.
NATURAL HAIR STYLING IS DISTINCT FROM THE PRACTICE OF COSMETOLOGY AND
DOES NOT INCLUDE THE APPLICATION OF DYES, REACTIVE CHEMICALS, OR OTHER
PREPARATIONS TO ALTER THE COLOR OF THE HAIR OR TO STRAIGHTEN, CURL, OR
ALTER THE STRUCTURE OF THE HAIR; OR THE USE OF CHEMICAL HAIR JOINING
AGENTS SUCH AS SYNTHETIC TAPE, KERATIN BONDS, OR FUSION BONDS.
§ 3. The general business law is amended by adding a new section 406-a
to read as follows:
§ 406-A. NATURAL HAIR STYLING LICENSE APPLICATION; EDUCATIONAL
REQUIREMENTS; PROCEDURES. 1. A. ANY PERSON INTENDING TO PRACTICE NATURAL
HAIR STYLING, OR TO OWN AND OPERATE AN APPEARANCE ENHANCEMENT BUSINESS
SOLELY OFFERING NATURAL HAIR STYLING SERVICES, SHALL FIRST MAKE APPLICA-
TION TO THE SECRETARY FOR A LICENSE THEREFOR.
B. SUCH APPLICATION SHALL BE IN A FORM AND MANNER PRESCRIBED BY THE
SECRETARY, AND PROVIDED TO THE APPLICANT IN THEIR NATURAL LANGUAGE OR IN
A LANGUAGE IN WHICH THE APPLICANT IS PROFICIENT.
C. EACH APPLICATION SHALL BE ACCOMPANIED BY THE APPROPRIATE FEE AS
PRESCRIBED BY THIS ARTICLE.
D. EACH APPLICATION SHALL BE ACCOMPANIED BY A CERTIFICATE OF A DULY
LICENSED PHYSICIAN, OR NURSE PRACTITIONER TO THE EXTENT AUTHORIZED BY
LAW AND CONSISTENT WITH SUBDIVISION THREE OF SECTION SIX THOUSAND NINE
HUNDRED TWO OF THE EDUCATION LAW ON A FORM PRESCRIBED BY THE SECRETARY,
SHOWING FREEDOM FROM ANY INFECTIOUS OR COMMUNICABLE DISEASE WHICH
CERTIFICATE SHALL HAVE BEEN ISSUED WITHIN THIRTY DAYS PRIOR TO THE DATE
OF THE FILING OF THE APPLICATION.
2. A. EACH APPLICANT SHALL BE REQUIRED TO SATISFACTORILY COMPLETE AN
EDUCATIONAL TRAINING PROGRAM GIVEN AND ADMINISTERED BY NATURAL HAIR
STYLIST TRAINING SCHOOLS, SCHOOLS WHICH PROVIDE FOR NATURAL HAIR STYLING
TRAINING, OR NATURAL HAIR STYLISTS LICENSED PURSUANT TO THIS ARTICLE,
WHICH SHALL NOT EXCEED FORTY HOURS AND OF WHICH A SIGNIFICANT PORTION
SHALL BE FOCUSED ON HEALTH AND SAFETY PROTOCOLS, AND WHICH SHALL INCLUDE
A PRACTICAL SKILLS ASSESSMENT SOLELY TO DEMONSTRATE PROFICIENCY IN THE
BRAIDING OF HAIR. THE SECRETARY SHALL REVIEW AND APPROVE SUCH EDUCA-
TIONAL TRAINING PROGRAM. UPON COMPLETION OF THE REQUIRED COURSE, AN
APPLICANT SHALL RECEIVE A CERTIFICATE EVIDENCING SATISFACTORY COMPLETION
THEREOF.
B. ALL EDUCATIONAL MATERIALS AND THE PRACTICAL SKILLS ASSESSMENT SHALL
BE ADMINISTERED IN THE APPLICANT'S NATURAL LANGUAGE OR IN A LANGUAGE IN
WHICH THE APPLICANT IS PROFICIENT.
3. A. ANY PERSON SEVENTEEN YEARS OF AGE OR OLDER MAY APPLY TO THE
SECRETARY FOR A LICENSE TO PRACTICE NATURAL HAIR STYLING.
B. EACH SUCH APPLICATION SHALL ALSO BE ACCOMPANIED BY SATISFACTORY
EVIDENCE OF THE APPLICANT HAVING COMPLETED THE REQUIRED EDUCATIONAL
COMPONENT AS WELL AS THE PRACTICAL SKILLS ASSESSMENT.
C. ANY APPLICANT FOR A LICENSE TO PRACTICE NATURAL HAIR STYLING 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 EDUCATION AND PRACTICAL SKILLS ASSESSMENTS REQUIRED BY THIS SECTION,
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.
4. UPON ACCEPTANCE BY THE SECRETARY OF A PROPER APPLICATION FOR AN
OPERATOR'S LICENSE TO PRACTICE NATURAL HAIR STYLING, 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
S. 5438 3
OPERATOR'S LICENSE FOR ONE ADDITIONAL SIX-MONTH PERIOD UPON FILING THE
APPROPRIATE APPLICATION AND FEE.
5. NOTWITHSTANDING THE EDUCATIONAL REQUIREMENTS OF THIS SECTION AND
THE TESTING REQUIREMENTS OF THIS SECTION, OR ANY OTHER EDUCATION OR
TESTING REQUIREMENTS OF THIS ARTICLE, AN UNLICENSED PERSON PRACTICING
NATURAL HAIR STYLING IN NEW YORK STATE OR ANY OTHER STATE OR COUNTRY FOR
AT LEAST FIVE YEARS SHALL BE PERMITTED TO APPLY FOR A NATURAL HAIR STYL-
ING LICENSE IN NEW YORK STATE. THE APPLICANT SHALL BE ISSUED A TEMPORARY
NATURAL HAIR STYLING LICENSE UPON PROVIDING EVIDENCE OF SUCH REQUIRED
WORK EXPERIENCE. IF EVIDENCE OF WORK EXPERIENCE IS NOT AVAILABLE FOR
ANY REASON, AN APPLICANT SHALL SELF-ATTEST TO SUCH REQUIRED EXPERIENCE
ON A FORM APPROVED BY THE SECRETARY. SUCH TEMPORARY LICENSE SHALL BE
VALID FOR A PERIOD OF TWO YEARS AND SHALL BECOME PERMANENT UPON THE
APPLICANT'S COMPLETION OF AN EDUCATIONAL COURSE, GIVEN AND ADMINISTERED
BY NATURAL HAIR STYLIST TRAINING SCHOOLS, SCHOOLS WHICH PROVIDE FOR
NATURAL HAIR STYLING TRAINING, OR NATURAL HAIR STYLISTS LICENSED PURSU-
ANT TO THIS ARTICLE, WHICH SHALL NOT EXCEED TWENTY HOURS AND SHALL BE
FOCUSED ON HEALTH AND SAFETY PROTOCOLS.
6. AN APPLICANT WHO OTHERWISE HAS MET THE LICENSING REQUIREMENTS OF
THIS ARTICLE FOR A NATURAL HAIR STYLIST LICENSE WHO SHALL PROVIDE SATIS-
FACTORY EVIDENCE THEY HAVE BEEN ACTIVELY AND CONTINUOUSLY ENGAGED IN THE
PRACTICE OF NATURAL HAIR STYLING FOR AT LEAST ONE YEAR PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION, MAY BE ISSUED A LICENSE FOR NATURAL HAIR
STYLING 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 PRACTICE NATURAL HAIRSTYLING.
7. A. NOTWITHSTANDING ANY PROVISION CONTAINED IN THIS ARTICLE TO THE
CONTRARY, IF ANY PERSON, ELIGIBLE FOR ANY LICENSE PURSUANT TO THIS ARTI-
CLE, SHOULD BE CALLED TO ACTIVE MILITARY SERVICE AT OR DURING THE TIME
APPLICATION FOR ANY LICENSE IS REQUIRED TO BE FILED AND LICENSE FEE
PAID, PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE PERIOD WITHIN
WHICH SAID APPLICATION MAY BE FILED AND LICENSE FEE MAY BE PAID, IS
EXTENDED ON BEHALF OF SUCH PERSON, UNTIL THREE MONTHS AFTER THE TERMI-
NATION OF SAID MILITARY SERVICE.
B. IN THE CASE OF PERSONS WHO ARE CALLED TO ACTIVE MILITARY SERVICE
AND WILL BE DISCHARGED FROM ACTIVE MILITARY SERVICE, THE PERIOD OF TWO
YEARS SPECIFIED IN PARAGRAPH D OF SUBDIVISION TWO OF THIS SECTION NEED
NOT BE CONTINUOUS. THE LENGTH OF TIME SUCH PERSON WAS ENGAGED IN THE
PRACTICE OF NATURAL HAIR STYLING BEFORE ENTERING ACTIVE MILITARY SERVICE
MAY BE ADDED TO ANY PERIOD OF TIME DURING WHICH SUCH PERSON WAS OR IS
ENGAGED IN THE PRACTICE OF NAIL SPECIALTY, WAXING, NATURAL HAIR STYLING,
ESTHETICS OR COSMETOLOGY AFTER THE TERMINATION OF ACTIVE MILITARY
SERVICE.
§ 4. Paragraph a of subdivision 1, subdivision 2, and paragraph b of
subdivision 4 of section 406 of the general business law, as amended by
chapter 341 of the laws of 1998, and paragraph c of subdivision 2 as
amended by section 3 of part D of chapter 328 of the laws of 2014, are
amended to read as follows:
a. Any person intending to practice nail specialty, waxing, [natural
hair styling,] esthetics or cosmetology 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.
S. 5438 4
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,]
esthetics or cosmetology 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 may submit satisfactory
evidence of licensure to practice an equivalent occupation issued by any
other state, territory, protectorate or dependency of the United States
or any other country in lieu of the evidence of schooling and examina-
tion required by this subdivision, provided that such license was grant-
ed 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 country extends similar
reciprocity to the licensees of this state, or the applicant practiced
an equivalent occupation in such state, territory, protectorate, depend-
ency 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 who shall
provide satisfactory evidence [he or she has] THEY HAVE been actively
and continuously engaged in the practice of nail specialty, waxing,
[natural hair styling,] esthetics or cosmetology 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
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, waxing, [natural hair
styling,] esthetics or cosmetology, 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 applica-
tion and fee.
b. In the case of persons who are called to active military service
and will be discharged from active military service, the period of two
years specified in paragraph d of subdivision two of this section need
not be continuous. The length of time such person was engaged in the
practice of nail specialty, waxing, [natural hair styling,] esthetics or
cosmetology before entering active military service may be added to any
S. 5438 5
period of time during which such person was or is engaged in the prac-
tice of nail specialty, waxing, [natural hair styling,] esthetics or
cosmetology after the termination of active military service.
§ 5. 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 styl-
ing,] esthetics, nail specialty and cosmetology 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 stand-
ards. 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.
§ 6. This act shall take effect on the sixtieth day after it shall
have become a law.