A02042 Summary:

BILL NOA02042
 
SAME ASNo Same As
 
SPONSORPretlow
 
COSPNSRMiller
 
MLTSPNSR
 
Amd SS403 & 407, Gen Bus L
 
Provides that state cosmetology curriculums and examinations reflect instruction concerning cultural and ethnic awareness in regard to hair type.
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A02042 Actions:

BILL NOA02042
 
01/15/2015referred to economic development
05/28/2015reported
05/29/2015advanced to third reading cal.466
06/01/2015passed assembly
06/01/2015delivered to senate
06/01/2015REFERRED TO CONSUMER PROTECTION
01/06/2016DIED IN SENATE
01/06/2016RETURNED TO ASSEMBLY
01/06/2016ordered to third reading cal.96
02/02/2016passed assembly
02/02/2016delivered to senate
02/02/2016REFERRED TO CONSUMER PROTECTION
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A02042 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2042
 
SPONSOR: Pretlow
  TITLE OF BILL: An act to amend the general business law, in relation to providing that state cosmetology curriculums and examinations reflect instruction concerning cultural and ethnic awareness in regard to hair types   PURPOSE OR GENERAL IDEA OF BILL: To create an advisory committee that will consult with the state education department to develop a profes- sional curriculum that incorporates training for a full range of know- ledge regarding a diverse range of hair textures.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Subdivision 5 of Section 402 to include ethnic and culture training in the curriculum Concerning the requirements for acquiring a cosmetology license. Section 2 establishes an advisory committee and states the process of appointment to this committee. Section 3 relates to the examination for the license to practice cosme- tology regarding hair. Creating a standard that will apply to clients from various cultural and ethnic background.   JUSTIFICATION: In many fields of education there has been a call for a level of standardization, a level that an individual should possess at certain moments in their educational career. Regarding the field of cosmetology, the current standard of qualification tends to only apply to individuals with fine, and straight hair thus leaving room for error with people who have curly, strong and coarse hair. Students attending schools of cosmetology may graduate without full knowledge of hair which may attribute to damaged hair of clients from varying cultural and ethnic background. The bill will create safeguards by ensuring that cosmetologists are well versed in the process of dying, washing and pressing individuals of all ethnic backgrounds.   LEGISLATIVE HISTORY: 2013-14 passed the Assembly, 2012 referred to economic development   FISCAL IMPLICATION: None to the State   EFFECTIVE DATE: Immediately
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A02042 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2042
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2015
                                       ___________
 
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee on Economic Development
 
        AN ACT to amend the general business law, in relation to providing  that
          state  cosmetology  curriculums  and  examinations reflect instruction
          concerning cultural and ethnic awareness in regard to hair types
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.   Subdivisions 1 and 3 of section 403 of the general busi-
     2  ness law, subdivision 1 as amended by chapter 341 of the  laws  of  1998
     3  and  subdivision  3  as  added  by  chapter 509 of the laws of 1992, are
     4  amended to read as follows:
     5    1. There shall  be  established  within  the  department  an  advisory
     6  committee  which  shall  consist of [nine] ten members broadly represen-
     7  tative of the appearance enhancement industry[,]; including  one  person
     8  engaged  in  the  practice  of  either  nail specialty or waxing[,]; two
     9  persons engaged in natural hair styling[,]; one of whom shall  be  know-
    10  ledgeable  in  the practice of styling techniques which place tension on
    11  the hair roots[,]; one  person  engaged  in  esthetics[,];  two  persons
    12  engaged  in  cosmetology[,];  two persons engaged in training of persons
    13  for such practices[, and]; one person licensed as a  dermatologist;  and
    14  one person who shall ensure strict adherence to quality services for all
    15  clients  of all hair types, including, but not limited to, curl pattern,
    16  hair strand thickness, and volume of hair.  The secretary shall  appoint
    17  such  persons  to  serve  on  the advisory committee, provided, that two
    18  shall be appointed by the secretary on the recommendation of the  tempo-
    19  rary president of the senate and two shall be appointed by the secretary
    20  on the recommendation of the speaker of the assembly. Each member of the
    21  committee  shall  be appointed for terms of two years. Any member may be
    22  reappointed for additional terms. The  secretary  shall  designate  from
    23  among  the members of the committee a chairperson who shall serve at the
    24  pleasure of the secretary.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05376-01-5

        A. 2042                             2
 
     1    3. The advisory committee shall advise the secretary  on  all  matters
     2  relating  to  this  article,  and on such other matters as the secretary
     3  shall request. In advising the secretary on matters  concerning  profes-
     4  sional education or curriculum, inclusive of the maintenance of cultural
     5  and  ethnic awareness within the prescribed curriculum in regard to hair
     6  types, including, but not limited to, curl pattern, hair  strand  thick-
     7  ness,  and  volume  of hair, the advisory committee shall, to the extent
     8  practicable, consult with the state education department.
     9    § 2. Subdivision 1 of section 407 of  the  general  business  law,  as
    10  amended  by  chapter  255  of  the  laws  of 1999, is amended to read as
    11  follows:
    12    1. The examinations for the license to practice natural hair  styling,
    13  esthetics,  nail  specialty and cosmetology shall be practical and writ-
    14  ten. The examinations for the license to practice waxing shall be limit-
    15  ed to a written examination only. The secretary shall determine  reason-
    16  able  standards  of  performance for each license and shall evaluate the
    17  prospective applicants and applicants on the basis  of  such  standards.
    18  The  objectives  of the examinations shall be to insure that prospective
    19  applicants and applicants have sufficient basic skills to safeguard  the
    20  health  and  safety  of the public and to insure that prospective appli-
    21  cants and applicants have attained adequate levels of  skill  to  compe-
    22  tently  engage clients of all hair types, including, but not limited to,
    23  curl pattern, hair strand thickness, and volume of hair  in  the  activ-
    24  ities authorized by the license.
    25    § 3. This act shall take effect immediately.
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