Relates to licensing requirements to own, control or operate an appearance enhancement business; provides that no person shall be required to have a license to engage in the practice of nail specialty, waxing, natural hair styling, esthetics or cosmetology as a requirement to receive an appearance enhancement business license; requires a training and examination in order to receive an appearance enhancement business license.
STATE OF NEW YORK
________________________________________________________________________
7296
2023-2024 Regular Sessions
IN ASSEMBLY
May 17, 2023
___________
Introduced by M. of A. STIRPE -- read once and referred to the Committee
on Economic Development
AN ACT to amend the general business law, in relation to licensing
requirements to own, control or operate an appearance enhancement
business; and to repeal certain provisions of such law relating there-
to
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 401 of the general business law,
2 as added by chapter 509 of the laws of 1992, is amended to read as
3 follows:
4 2. No person shall own, control or operate, whether as a sole proprie-
5 tor, partner, shareholder, officer, independent contractor or other
6 person, an appearance enhancement business without having received a
7 license for such business in the manner provided in this article. No
8 person shall be required to receive a license to engage in the practice
9 of nail specialty, waxing, natural hair styling, esthetics or cosmetolo-
10 gy, as defined in section four hundred of this article, as a requirement
11 to receive a license to own, control or operate an appearance enhance-
12 ment business; provided, however, no person that owns, controls, or
13 operates such business shall engage in the practice of nail specialty,
14 waxing, natural hair styling, esthetics or cosmetology, as defined in
15 section four hundred of this article, without having received a license
16 to engage in such practice in the manner prescribed in this article.
17 § 2. Section 403 of the general business law is amended by adding a
18 new subdivision 3-a to read as follows:
19 3-a. a. No later than ninety days after the effective date of this
20 subdivision, the advisory committee shall develop educational materials
21 and a curriculum for a two hour in-person professional training and an
22 exam which applicants must pass to receive a license to own, control or
23 operate an appearance enhancement business. The cost of the training and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10773-02-3
A. 7296 2
1 examination required pursuant to this subdivision shall be covered by
2 the applicant. Such training shall educate owners and operators on
3 health and safety rules and regulations in order to protect the health,
4 safety and welfare of the public and employees working within an appear-
5 ance enhancement business. Educational materials shall contain, but are
6 not limited to:
7 i. information about health hazards within the workplace;
8 ii. a list of side effects from extended exposure to chemicals used;
9 iii. proper procedures to reduce health risks if a person inhales or
10 comes into physical contact with chemicals used; and
11 iv. relevant local, state and federal laws and provisions to be
12 followed by such owners and operators.
13 b. The training for owners and operators required pursuant to this
14 subdivision shall be conducted by organizations that are approved by the
15 secretary to offer a course and have significant experience in training
16 appearance enhancement business owners and operators on health and safe-
17 ty regulations. The advisory committee shall establish criteria that an
18 organization shall meet to administer such training and qualifying exam-
19 ination. The secretary shall maintain a publicly accessible list of
20 approved training organizations no later than one hundred twenty days
21 after the effective date of this subdivision.
22 § 3. Paragraph e of subdivision 2 of section 406 of the general busi-
23 ness law is REPEALED.
24 § 4. Subdivision 3 of section 406 of the general business law is
25 amended by adding a new paragraph c to read as follows:
26 c. Each such application shall also be accompanied by satisfactory
27 evidence of having taken the training and passed the appropriate exam-
28 ination offered by an approved organization pursuant to this article. An
29 approved organization shall notify the department of the results of an
30 applicant's examination within one week of an applicant's completion of
31 the training and examination required pursuant to this article.
32 § 5. This act shall take effect on the ninetieth day after it shall
33 have become a law. Effective immediately, the addition, amendment and/or
34 repeal of any rule or regulation necessary for the implementation of
35 this act on its effective date are authorized to be made and completed
36 on or before such effective date.
