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S06231 Summary:

BILL NOS06231
 
SAME ASSAME AS A01916
 
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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S06231 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6231
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      March 7, 2025
                                       ___________
 
        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] such person has  obtained  a  certificate  of
    19  registration 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.
                                                                   LBD00118-01-5

        S. 6231                             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
    27  664 of the laws of 2023, 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.
    48  Regulations  setting  forth  the educational requirements for cosmetolo-
    49  gists or natural hair stylists shall  include  education  regarding  the
    50  provision  of  services to individuals with all hair types and textures,
    51  including, but not limited to,  various  curl  or  wave  patterns,  hair
    52  strand  thicknesses, and volumes of hair. In promulgating such rules and
    53  regulations the secretary shall consult with the state education depart-
    54  ment, the advisory committee established pursuant to this  article,  any
    55  other  state  agencies  and  private  industry representatives as may be
    56  appropriate in determining minimum training requirements.

        S. 6231                             3
 
     1    § 5. The general business law is amended by adding a new section 404-d
     2  to read as follows:
     3    §  404-d.  Laser hair removal rules and regulations. 1.  The secretary
     4  shall, in consultation with the appearance enhancement advisory  commit-
     5  tee  provided for in section four hundred three of this article, promul-
     6  gate rules and regulations which establish standards  for  the  practice
     7  and  operation  of  licensed  laser hair removal technicians in order to
     8  ensure the health, safety and welfare of the public including  licensees
     9  and  trainees  when they are working in such establishments.  Such rules
    10  and regulations shall be promulgated in  accordance  with  section  four
    11  hundred  four  of this article and shall include, but not be limited to:
    12  the identification of a state approved  curriculum  for  licensees;  the
    13  implementation  of  a registration fee for laser hair removal establish-
    14  ments; a minimum age requirement for laser hair removal technicians; the
    15  minimum number of hours of training a trainee must receive from a  state
    16  approved curriculum; training requirements specifying the minimum number
    17  of  procedures,  specific  to  each part of the body, to be performed on
    18  volunteers; and  continued  certification  by  a  nationally  accredited
    19  organization acceptable to the department.
    20    2.  The  department may, at its discretion, waive training and curric-
    21  ulum requirements for currently employed licensed estheticians  perform-
    22  ing  laser hair removal provided that the licensed esthetician satisfac-
    23  torily completes the competency examination approved by the department.
    24    3. The secretary shall require  establishments  providing  laser  hair
    25  removal to maintain a maintenance of a minimum of one million dollars in
    26  liability insurance.
    27    §  6. Paragraph a of subdivision 1 of section 406 of the general busi-
    28  ness law, as amended by chapter 341 of the laws of 1998, is  amended  to
    29  read as follows:
    30    a.  Any  person  intending to practice nail specialty, waxing, natural
    31  hair styling, esthetics [or],  cosmetology  or  laser  hair  removal  as
    32  defined  in this article, or to own or operate an appearance enhancement
    33  business, shall first make application to the secretary  for  a  license
    34  therefor.
    35    §  7.  Subdivision  2  of  section 406 of the general business law, as
    36  amended by chapter 341 of the laws of 1998 and paragraph c as amended by
    37  section 3 of part D of chapter 328 of the laws of 2014,  is  amended  to
    38  read as follows:
    39    2.  a.  Any  person  seventeen  years of age or older may apply to the
    40  secretary for a license to practice nail specialty, waxing, natural hair
    41  styling, esthetics or cosmetology.
    42    b. Each such application shall also  be  accompanied  by  satisfactory
    43  evidence of having taken and passed the appropriate examination or exam-
    44  inations  offered  by  the  secretary  pursuant  to this article for the
    45  license sought and evidence of the successful completion of an  approved
    46  course of study in nail specialty, waxing, natural hair styling, esthet-
    47  ics  [or],  cosmetology  or laser hair removal in a school duly licensed
    48  pursuant to the education law.  Each application for a license to  prac-
    49  tice laser hair removal shall be accompanied by satisfactory evidence of
    50  having  taken and passed the examinations offered by the secretary for a
    51  license to  practice  esthetics  or  cosmetology  and  evidence  of  the
    52  successful  completion  of  an  approved course of study in esthetics or
    53  cosmetology in a school duly licensed pursuant to the education law.
    54    c. Any applicant for a license to  practice  nail  specialty,  waxing,
    55  natural  hair styling, esthetics [or], cosmetology or laser hair removal
    56  may submit satisfactory evidence of licensure to practice an  equivalent

        S. 6231                             4
 
     1  occupation issued by any other state, territory, protectorate or depend-
     2  ency  of  the United States or any other country in lieu of the evidence
     3  of schooling and examination required by this subdivision, provided that
     4  such license was granted in compliance with standards which were, in the
     5  judgment  of  the  secretary,  not  lower  than  those of this state and
     6  provided that such state, territory, protectorate, dependency, or  coun-
     7  try  extends  similar reciprocity to the licensees of this state, or the
     8  applicant practiced an equivalent occupation in such  state,  territory,
     9  protectorate,  dependency or country for a minimum of five years, or the
    10  applicant is a member of the household of a member of the  armed  forces
    11  of  the  United  States,  national guard or reserves and was a member of
    12  such household before such member relocated to the state.
    13    d. Notwithstanding the educational requirements of  this  section  and
    14  the testing requirements of this section, an applicant who otherwise has
    15  met  the  licensing  requirements of this article for a nail specialist,
    16  waxer, natural hair stylist, esthetician [or],  cosmetologist  or  laser
    17  hair  removal  technician who shall provide satisfactory evidence [he or
    18  she] that such applicant has been actively and continuously  engaged  in
    19  the  practice of nail specialty, waxing, natural hair styling, esthetics
    20  [or], cosmetology or laser hair removal for at least one year  prior  to
    21  the  effective  date  of  this article, may be issued a license for nail
    22  specialty, waxing, natural hair styling, esthetics [or], cosmetology  or
    23  laser  hair removal pursuant to this article. Notwithstanding the educa-
    24  tional and testing requirements of this section, a  person  licensed  to
    25  practice barbering under article twenty-eight of this chapter who other-
    26  wise  has met the licensing requirements of this article may be issued a
    27  license to practice natural hairstyling. Other than applicants  licensed
    28  under  article  twenty-eight  of  this  chapter, those persons who apply
    29  after a twelve month period from the effective date of this article will
    30  be required to provide evidence of training and to take the  examination
    31  or examinations as required for other licenses pursuant to this article.
    32    e.  Upon  acceptance  by  the secretary of a proper application for an
    33  operator's license to  practice  nail  [speciality]  specialty,  waxing,
    34  natural hair styling, esthetics [or], cosmetology or laser hair removal,
    35  the  secretary  may  issue  a  temporary  operator's license which shall
    36  expire six months from issuance. Upon good cause  shown,  the  secretary
    37  may  renew  a  temporary operator's license for one additional six-month
    38  period upon filing the appropriate application and fee.
    39    § 8. Subdivision 1 of section 407 of  the  general  business  law,  as
    40  amended  by  chapter  255  of  the  laws  of 1999, is amended to read as
    41  follows:
    42    1. The examinations for the license to practice natural hair  styling,
    43  esthetics,  nail  specialty  [and],  cosmetology  and laser hair removal
    44  shall be practical and written. The  examinations  for  the  license  to
    45  practice  waxing  shall  be  limited  to a written examination only. The
    46  secretary shall determine reasonable standards of performance  for  each
    47  license  and shall evaluate the prospective applicants and applicants on
    48  the basis of such standards. The objectives of the examinations shall be
    49  to insure that prospective applicants  and  applicants  have  sufficient
    50  basic  skills  to  safeguard  the health and safety of the public and to
    51  insure that prospective applicants and applicants have attained adequate
    52  levels of skill to competently engage in the  activities  authorized  by
    53  the license.
    54    §  9.  Subdivision  1  of  section 409 of the general business law, as
    55  amended by section 2 of part Y of chapter 60 of the  laws  of  2011,  is
    56  amended to read as follows:

        S. 6231                             5
 
     1    1.  The  non-refundable fee for an application for a license to engage
     2  in the practice of nail specialty, waxing, natural hair styling, esthet-
     3  ics [or], cosmetology or laser hair  removal,  shall  be  forty  dollars
     4  initially  and  for each renewal thereof the fee shall be forty dollars;
     5  the fee for a temporary license and each renewal shall be ten dollars.
     6    § 10. Paragraph a of subdivision 2 of section 410 of the general busi-
     7  ness  law,  as  amended by chapter 80 of the laws of 2015, is amended to
     8  read as follows:
     9    a. The secretary may issue an order directing  the  cessation  of  any
    10  activity  related  to  nail  specialty,  waxing,  natural  hair styling,
    11  esthetics [or], cosmetology or laser hair removal for which a license is
    12  required by this article upon a determination that  a  person,  partner-
    13  ship, limited liability company or business corporation, engaging in the
    14  business  or  occupation  of,  or holding [himself, herself or itself] a
    15  person, partnership, limited liability company or  business  corporation
    16  out as or acted, temporarily or otherwise, as a nail specialist, natural
    17  hair  stylist,  esthetician  [or],  cosmetologist  or laser hair removal
    18  technician within this state without a valid license  being  in  effect.
    19  The  secretary shall, before making such determination and order, afford
    20  such person, partnership, limited liability company or  business  corpo-
    21  ration  an  opportunity to be heard in person or by counsel in reference
    22  thereto in an adjudicatory proceeding  held  pursuant  to  section  four
    23  hundred eleven of this article as applicable.
    24    §  11.  Subdivision  1  of section 412 of the general business law, as
    25  amended by chapter 80 of the  laws  of  2015,  is  amended  to  read  as
    26  follows:
    27    1.  The  practice  of  nail  specialty,  waxing, natural hair styling,
    28  esthetics [or], cosmetology or laser hair removal without a  license  or
    29  while  under  suspension  or  revocation,  or  in  violation of an order
    30  directing the cessation of unlicensed activity issued by  the  secretary
    31  pursuant  to  section  four  hundred  ten or four hundred eleven of this
    32  article, is a violation and is subject to a civil penalty of up to  five
    33  hundred  dollars  for  the  first  violation; one thousand dollars for a
    34  second such violation; and two thousand five hundred dollars for a third
    35  violation and any subsequent violation.
    36    § 12. This act shall take effect one year after it shall have become a
    37  law. Effective immediately, the addition, amendment and/or repeal of any
    38  rule or regulation necessary for the implementation of this act  on  its
    39  effective date are authorized to be made and completed on or before such
    40  effective date.
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