BILL NO A02042
SAME AS No same as
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.
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
professional curriculum that incorporates training for a full range of
knowledge 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
cosmetology 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
FISCAL IMPLICATION: None to the State
EFFECTIVE DATE: Immediately
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
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.
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 S 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
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 S 3. This act shall take effect immediately.