Relates to the certification of shampoo assistants; requires applicants of such certificate to have completed a minimum of 500 hours of the required 1,000 hours of an approved course of study in cosmetology in a school duly licensed pursuant to the education law and requires such applicants to remain enrolled in such school until completion of such course.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6578
SPONSOR: Woerner TITLE OF BILL: An act to amend the general business law, in relation
to certification of shampoo assistants
PURPOSE:
To establish a certificate program for Shampoo Assistants under the
general business law
SUMMARY OF PROVISIONS:
Section 1 adds a new section 408-b, which establishes that an applicant
for a shampoo assistant certificate must have completed a minimum of 500
hours of the required 1000 hours of an approved cosmetology course, in a
duly licensed school; that each application shall be accompanied by a
fee; that the certification shall be issued by the secretary after
affirmation by a department of education approved school that the indi-
vidual has completed the requirements of subdivision 1; that all shampoo
assistant certificates shall expire one year from the date of issuance;
that a certificate issued pursuant to this section be posted in a
conspicuous place in the premises licensed pursuant to this article;
that a shampoo assistant certificate holder shall be limited to certain
activities; and that the practice of shampoo assistance without the
certificate required by this section or while under suspension or revo-
cation is a violation and is subject to a civil penalty of up to five
hundred dollars for the first violation and one thousand for a second
and any subsequent violation.
Section 2 amends the opening paragraph of subdivision one of section 410
of the general business law to make certificates subject to suspension,
revocation, or a fine.
Section 3 establishes the effective date.
JUSTIFICATION:
Currently all students who are enrolled in a Health Occupations licens-
ing program are required to participate in a school supervised, clinical
setting in a Health Care Facility (i.e. hospital, nursing home, long
term care facility, etc.). They perform hands-on procedures that are an
extension of the instructional program under the direct supervision of a
licensed health care professional. This experience allows the individual
to gain valuable employability skills and supports the career readiness
skills needed for success in the world of work in their chosen career
pathway.
The exposure for cosmetology students has been limited to observation
only work-based learning experiences in salons. Under the current regu-
lations, they are not allowed to perform shampoo services on clients and
salons are reluctant to hire students with this limitation. Observing
advanced procedures and techniques in a salon setting allows students to
gain knowledge and skills to better prepare them to successfully
complete the licensing exams. This certification will also provide
students with an opportunity to gain paid employment and will encourage
them to follow through and complete the licensing requirements.
The enforcement of the shampoo assistant certification will be handled
through the enforcement unit of the Department of State, Licensing Divi-
sion by the inspectors that currently now perform inspections of
licensed salons. Salons and individuals will be subject to fines if they
are found in violation of licensed activity and all shampoo assistant
certificates must be clearly posted where the state inspectors can easi-
ly see them. The expiration date of the certification will be one year
from the date of issuance, students will be eligible to apply for the
shampoo assistant certification once they complete a minimum of 500
hours of the cosmetology curriculum and remain enrolled in the 1000-hour
cosmetology program. Similar legislation has been by 21 other states
around the country.
LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
This bill would provide additional revenue to the state in the way of
application fees and fines for practicing as a shampoo assistant without
the proper certificate or practicing as a shampoo assistant after the
certificate has been suspended or revoked.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and /or repeal of any rule or regulation necessary for the implementa-
tion of this act on its effective date are authorized to be made and
completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
6578
2019-2020 Regular Sessions
IN ASSEMBLY
March 12, 2019
___________
Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the general business law, in relation to certification
of shampoo assistants
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 408-b to read as follows:
3 § 408-b. Shampoo assistant certification. 1. An applicant for a sham-
4 poo assistant certificate shall have completed a minimum of five hundred
5 hours of the required one thousand hours of an approved course of study
6 in cosmetology in a school duly licensed pursuant to the education law
7 and shall remain enrolled in such school until completion of such
8 course. The secretary shall prescribe the specific courses and amount of
9 hours in such courses that shall be part of such five hundred hour
10 requirement.
11 2. Each application shall be accompanied by a fee as prescribed by the
12 secretary.
13 3. Such certification shall be issued by the secretary after affirma-
14 tion by a department of education approved school that an individual has
15 completed the requirements of subdivision one of this section.
16 4. All shampoo assistant certificates shall expire one year from the
17 date of issuance.
18 5. A certificate issued pursuant to this section shall be posted in
19 some conspicuous place in the premises licensed pursuant to this article
20 or in the place where the practice of an occupation licensed pursuant to
21 this article is conducted.
22 6. a. Shampoo assistant certification holders shall be limited to
23 participating in the following activities:
24 (i) greeting and draping clients in preparation for services; and
25 (ii) shampooing and rinsing clients in preparation for services.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10060-01-9
A. 6578 2
1 b. Shampoo assistant certification holders shall be prohibited from:
2 (i) applying chemicals to clients;
3 (ii) performing haircutting techniques;
4 (iii) placing artificial braids or extensions on clients;
5 (iv) performing any nail services or procedures;
6 (v) performing any skin care procedures; and
7 (vi) performing any waxing services.
8 7. The practice of shampoo assistant without the certificate required
9 by this section or while under suspension or revocation, or in violation
10 of an order directing the cessation of unlicensed activity issued by the
11 secretary pursuant to section four hundred ten or four hundred eleven of
12 this article, is a violation and is subject to a civil penalty of up to
13 five hundred dollars for the first violation and one thousand dollars
14 for a second and any subsequent violation.
15 § 2. The opening paragraph of subdivision one of section 410 of the
16 general business law, as amended by chapter 80 of the laws of 2015, is
17 amended to read as follows:
18 Suspension and revocation of licenses [or], registrations, or certif-
19 ications; fines; reprimands. A license [or], registration, or certif-
20 ication issued pursuant to this article may be suspended or revoked, or
21 a fine not exceeding five hundred dollars payable to the department may
22 be imposed for any one or more of the following causes:
23 § 3. This act shall take effect on the one hundred eightieth day after
24 it shall have become a law. Effective immediately, the addition, amend-
25 ment and/or repeal of any rule or regulation necessary for the implemen-
26 tation of this act on its effective date are authorized to be made and
27 completed on or before such effective date.
