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S03607 Summary:

BILL NOS03607
 
SAME ASSAME AS A02623
 
SPONSORWEBB
 
COSPNSR
 
MLTSPNSR
 
Amd Gen Bus L, generally
 
Relates to licensing laser hair removal technicians; establishes laser hair removal rules, regulations and standards.
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S03607 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3607
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    February 1, 2023
                                       ___________
 
        Introduced  by  Sen.  WEBB  --  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  licensing  of
          laser hair removal technicians
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 400 of the  general  business  law  is  amended  by
     2  adding two new subdivisions 12 and 13 to read as follows:
     3    12.  The  practice of "laser hair removal" means the use of a laser or
     4  pulsed light device in a hair removal procedure that does not remove the
     5  epidermis.
     6    13. "Laser hair removal technician" means a  person  licensed  by  the
     7  secretary  who  practices  laser  hair removal as defined in subdivision
     8  twelve of this section.
     9    § 2. Subdivisions 1 and 3 of section 401 of the general business  law,
    10  subdivision  1 as amended by chapter 80 of the laws of 2015 and subdivi-
    11  sion 3 as amended by chapter 341 of the laws of  1998,  are  amended  to
    12  read as follows:
    13    1.  No  person shall engage in the practice of nail specialty, waxing,
    14  natural hair styling, esthetics [or], cosmetology or laser hair removal,
    15  as defined in section four  hundred  of  this  article,  without  having
    16  received  a  license to engage in such practice in the manner prescribed
    17  in this article. No person shall act as a trainee or perform any service
    18  as such unless he or she has  obtained  a  certificate  of  registration
    19  pursuant to this article.
    20    3.  A  person  licensed by any other state or country to practice nail
    21  specialty, waxing, natural hair styling, esthetics [or], cosmetology  or
    22  laser  hair  removal  shall be allowed to practice in New York state for
    23  three months or less within any calendar year for the purpose of  giving
    24  to,  or  receiving  from,  persons  who  are licensed under this article
    25  training in current styles, techniques or materials,  provided  however,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05259-01-3

        S. 3607                             2
 
     1  that  no  such  unlicensed person may provide services to the public for
     2  any fee, or other compensation, whether direct or indirect.
     3    §  3.  Subdivision  1  of  section 403 of the general business law, as
     4  amended by chapter 339 of the laws  of  2017,  is  amended  to  read  as
     5  follows:
     6    1.  There  shall  be  established  within  the  department an advisory
     7  committee which shall consist of [nine] ten  members  broadly  represen-
     8  tative  of  the  appearance  enhancement  industry; including one person
     9  engaged in the practice of either nail specialty or waxing; two  persons
    10  engaged  in  natural hair styling; one of whom shall be knowledgeable in
    11  the practice of styling techniques  which  place  tension  on  the  hair
    12  roots, and one of whom shall ensure strict adherence to quality services
    13  for  all  clients of all hair types, including, but not limited to, curl
    14  pattern, hair strand thickness, and volume of hair; one  person  engaged
    15  in  esthetics;  one  person  engaged  in laser hair removal; two persons
    16  engaged in cosmetology; two persons engaged in training of  persons  for
    17  such practices and one person licensed as a dermatologist. The secretary
    18  shall appoint such persons to serve on the advisory committee, provided,
    19  that  two  shall  be appointed by the secretary on the recommendation of
    20  the temporary president of the senate and two shall be appointed by  the
    21  secretary  on  the  recommendation  of the speaker of the assembly. Each
    22  member of the committee shall be appointed for terms of two  years.  Any
    23  member  may  be  reappointed  for  additional terms. The secretary shall
    24  designate from among the members of  the  committee  a  chairperson  who
    25  shall serve at the pleasure of the secretary.
    26    § 4. Section 404 of the general business law, as amended by chapter 80
    27  of the laws of 2015, is amended to read as follows:
    28    § 404. Rules and regulations. The secretary shall promulgate rules and
    29  regulations  which  establish  standards  for  practice and operation by
    30  licensees and trainees under this article in order to ensure the health,
    31  safety and welfare of the public including licensees and  trainees  when
    32  they  are working within such establishments. Such rules and regulations
    33  shall include, but not be limited to, the sanitary conditions and proce-
    34  dures required to be maintained, a minimum standard of  training  appro-
    35  priate to the duties of nail specialists, trainees, waxers, natural hair
    36  stylists,  estheticians,  [and],  cosmetologists, and laser hair removal
    37  technicians and the provision of service by nail specialists,  trainees,
    38  waxers,  natural  hair  stylists,  estheticians  [or], cosmetologists or
    39  laser hair removal  technicians  at  remote  locations  other  than  the
    40  licensee's  home  provided  that  such  practitioner holds an appearance
    41  enhancement business license to  operate  at  a  fixed  location  or  is
    42  employed  by  the  holder of an appearance enhancement business license.
    43  Regulations setting forth the educational requirements for nail special-
    44  ists and trainees shall include education  in  the  area  of  causes  of
    45  infection  and  bacteriology.    Regulations related to the practice and
    46  operation of licensed laser hair removal technicians shall  include  the
    47  standards  set  forth in section four hundred four-d of this article. In
    48  promulgating such rules and regulations the secretary shall consult with
    49  the state  education  department,  the  advisory  committee  established
    50  pursuant  to this article, any other state agencies and private industry
    51  representatives as may be appropriate in  determining  minimum  training
    52  requirements.
    53    § 5. The general business law is amended by adding a new section 404-d
    54  to read as follows:
    55    §  404-d.  Laser hair removal rules and regulations. 1.  The secretary
    56  shall, in consultation with the appearance enhancement advisory  commit-

        S. 3607                             3
 
     1  tee  provided for in section four hundred three of this article, promul-
     2  gate rules and regulations which establish standards  for  the  practice
     3  and  operation  of  licensed  laser hair removal technicians in order to
     4  ensure  the health, safety and welfare of the public including licensees
     5  and trainees when they are working in such establishments.   Such  rules
     6  and  regulations  shall  be  promulgated in accordance with section four
     7  hundred four of this article and shall include, but not be  limited  to:
     8  the  identification  of  a  state approved curriculum for licensees; the
     9  implementation of a registration fee for laser hair  removal  establish-
    10  ments; a minimum age requirement for laser hair removal technicians; the
    11  minimum  number of hours of training a trainee must receive from a state
    12  approved curriculum; training requirements specifying the minimum number
    13  of procedures, specific to each part of the body,  to  be  performed  on
    14  volunteers;  and  continued  certification  by  a  nationally accredited
    15  organization acceptable to the department.
    16    2. The department may, at its discretion, waive training  and  curric-
    17  ulum  requirements for currently employed licensed estheticians perform-
    18  ing laser hair removal provided that the licensed esthetician  satisfac-
    19  torily completes the competency examination approved by the department.
    20    3.  The  secretary  shall  require establishments providing laser hair
    21  removal to maintain a maintenance of a minimum of one million dollars in
    22  liability insurance.
    23    § 6. Paragraph a of subdivision 1 of section 406 of the general  busi-
    24  ness  law,  as amended by chapter 341 of the laws of 1998, is amended to
    25  read as follows:
    26    a. Any person intending to practice nail  specialty,  waxing,  natural
    27  hair  styling,  esthetics  [or],  cosmetology  or  laser hair removal as
    28  defined in this article, or to own or operate an appearance  enhancement
    29  business,  shall  first  make application to the secretary for a license
    30  therefor.
    31    § 7. Subdivision 2 of section 406 of  the  general  business  law,  as
    32  amended by chapter 341 of the laws of 1998 and paragraph c as amended by
    33  section  3  of  part D of chapter 328 of the laws of 2014, is amended to
    34  read as follows:
    35    2. a. Any person seventeen years of age or  older  may  apply  to  the
    36  secretary for a license to practice nail specialty, waxing, natural hair
    37  styling, esthetics or cosmetology.
    38    b.  Each  such  application  shall also be accompanied by satisfactory
    39  evidence of having taken and passed the appropriate examination or exam-
    40  inations offered by the secretary  pursuant  to  this  article  for  the
    41  license  sought and evidence of the successful completion of an approved
    42  course of study in nail specialty, waxing, natural hair styling, esthet-
    43  ics [or], cosmetology or laser hair removal in a  school  duly  licensed
    44  pursuant to the education law.
    45    c.  Any  applicant  for  a license to practice nail specialty, waxing,
    46  natural hair styling, esthetics [or], cosmetology or laser hair  removal
    47  may  submit satisfactory evidence of licensure to practice an equivalent
    48  occupation issued by any other state, territory, protectorate or depend-
    49  ency of the United States or any other country in lieu of  the  evidence
    50  of schooling and examination required by this subdivision, provided that
    51  such license was granted in compliance with standards which were, in the
    52  judgment  of  the  secretary,  not  lower  than  those of this state and
    53  provided that such state, territory, protectorate, dependency, or  coun-
    54  try  extends  similar reciprocity to the licensees of this state, or the
    55  applicant practiced an equivalent occupation in such  state,  territory,
    56  protectorate,  dependency or country for a minimum of five years, or the

        S. 3607                             4
 
     1  applicant is a member of the household of a member of the  armed  forces
     2  of  the  United  States,  national guard or reserves and was a member of
     3  such household before such member relocated to the state.
     4    d.  Notwithstanding  the  educational requirements of this section and
     5  the testing requirements of this section, an applicant who otherwise has
     6  met the licensing requirements of this article for  a  nail  specialist,
     7  waxer,  natural  hair  stylist, esthetician [or], cosmetologist or laser
     8  hair removal technician who shall provide satisfactory  evidence  he  or
     9  she  has  been actively and continuously engaged in the practice of nail
    10  specialty, waxing, natural hair styling, esthetics [or], cosmetology  or
    11  laser  hair removal for at least one year prior to the effective date of
    12  this article, may be  issued  a  license  for  nail  specialty,  waxing,
    13  natural  hair styling, esthetics [or], cosmetology or laser hair removal
    14  pursuant to this article. Notwithstanding the  educational  and  testing
    15  requirements  of  this  section, a person licensed to practice barbering
    16  under article twenty-eight of this chapter who  otherwise  has  met  the
    17  licensing  requirements of this article may be issued a license to prac-
    18  tice natural hairstyling. Other than applicants licensed  under  article
    19  twenty-eight  of  this  chapter,  those persons who apply after a twelve
    20  month period from the effective date of this article will be required to
    21  provide evidence of training and to take the examination or examinations
    22  as required for other licenses pursuant to this article.
    23    e. Upon acceptance by the secretary of a  proper  application  for  an
    24  operator's  license  to  practice  nail  [speciality] specialty, waxing,
    25  natural hair styling, esthetics [or], cosmetology or laser hair removal,
    26  the secretary may issue  a  temporary  operator's  license  which  shall
    27  expire  six  months  from issuance. Upon good cause shown, the secretary
    28  may renew a temporary operator's license for  one  additional  six-month
    29  period upon filing the appropriate application and fee.
    30    §  8.  Subdivision  1  of  section 407 of the general business law, as
    31  amended by chapter 255 of the laws  of  1999,  is  amended  to  read  as
    32  follows:
    33    1.  The examinations for the license to practice natural hair styling,
    34  esthetics, nail specialty [and],  cosmetology  and  laser  hair  removal
    35  shall  be  practical  and  written.  The examinations for the license to
    36  practice waxing shall be limited to  a  written  examination  only.  The
    37  secretary  shall  determine reasonable standards of performance for each
    38  license and shall evaluate the prospective applicants and applicants  on
    39  the basis of such standards. The objectives of the examinations shall be
    40  to  insure  that  prospective  applicants and applicants have sufficient
    41  basic skills to safeguard the health and safety of  the  public  and  to
    42  insure that prospective applicants and applicants have attained adequate
    43  levels  of  skill  to competently engage in the activities authorized by
    44  the license.
    45    § 9. Subdivision 1 of section 409 of  the  general  business  law,  as
    46  amended  by  section  2  of part Y of chapter 60 of the laws of 2011, is
    47  amended to read as follows:
    48    1. The non-refundable fee for an application for a license  to  engage
    49  in the practice of nail specialty, waxing, natural hair styling, esthet-
    50  ics  [or],  cosmetology  or  laser  hair removal, shall be forty dollars
    51  initially and for each renewal thereof the fee shall be  forty  dollars;
    52  the fee for a temporary license and each renewal shall be ten dollars.
    53    § 10. Paragraph a of subdivision 2 of section 410 of the general busi-
    54  ness  law,  as  amended by chapter 80 of the laws of 2015, is amended to
    55  read as follows:

        S. 3607                             5
 
     1    a. The secretary may issue an order directing  the  cessation  of  any
     2  activity  related  to  nail  specialty,  waxing,  natural  hair styling,
     3  esthetics [or], cosmetology or laser hair removal for which a license is
     4  required by this article upon a determination that  a  person,  partner-
     5  ship, limited liability company or business corporation, engaging in the
     6  business  or occupation of, or holding himself, herself or itself out as
     7  or acted, temporarily or otherwise, as a nail specialist,  natural  hair
     8  stylist,  esthetician  [or], cosmetologist or laser hair removal techni-
     9  cian within this state without a valid  license  being  in  effect.  The
    10  secretary shall, before making such determination and order, afford such
    11  person,  partnership,  limited liability company or business corporation
    12  an opportunity to be heard in person or by counsel in reference  thereto
    13  in  an  adjudicatory  proceeding  held  pursuant to section four hundred
    14  eleven of this article as applicable.
    15    § 11. Subdivision 1 of section 412 of the  general  business  law,  as
    16  amended  by  chapter  80  of  the  laws  of  2015, is amended to read as
    17  follows:
    18    1. The practice of  nail  specialty,  waxing,  natural  hair  styling,
    19  esthetics  [or],  cosmetology or laser hair removal without a license or
    20  while under suspension or  revocation,  or  in  violation  of  an  order
    21  directing  the  cessation of unlicensed activity issued by the secretary
    22  pursuant to section four hundred ten or  four  hundred  eleven  of  this
    23  article,  is a violation and is subject to a civil penalty of up to five
    24  hundred dollars for the first violation;  one  thousand  dollars  for  a
    25  second such violation; and two thousand five hundred dollars for a third
    26  violation and any subsequent violation.
    27    § 12. This act shall take effect one year after it shall have become a
    28  law. Effective immediately, the addition, amendment and/or repeal of any
    29  rule  or  regulation necessary for the implementation of this act on its
    30  effective date are authorized to be made and completed on or before such
    31  effective date.
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