NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2548
SPONSOR: Hyndman TITLE OF BILL:
An act to amend the general business law, in relation to allowing
licensed estheticians and licensed cosmetologists to practice micronee-
dling
PURPOSE OR GENERAL IDEA OF BILL:
This bill defines the duty of a licensed esthetician and a licensed
cosmetologist. It also defines microneedling, as well as creates and
mandates licensed estheticians and cosmetologists to undergo a 5-hour
certification class as well as complete and pass an OSHA Blood-borne
Pathogen Training Certification in order to practice microneedling.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 6 of section 400 of the general business
law; 2 as added by chapter 509 of the laws of 1992, and adds three
subdivisions 6a, 7-a and 12
Section 2 amends the general business law by adding a new section 404-d
Section 3 states the effective date
JUSTIFICATION:
Microneedling is a minimally invasive cosmetic procedure that's used to
treat skin concerns via collagen production. Currently, micro-needling
falls under the purview of acupuncture. The procedure is however prima-
rily carried out by beauty aestheticians and cosmetologists for the
purposes of beautification. With microneedling falling under the purview
of acupuncture, aestheticians and cosmetologists performing this proce-
dure do so without licensure or any form of properly recognized train-
ing. This puts their health and that of their customers at risk without
the proper and effective training. This bill therefore mandates a five-
hour microneedling course curriculum to be completed by aestheticians
and cosmetologists willing to perform microneedling as well as requires
them to complete and pass an OSHA Blood-borne Pathogen Training Certif-
ication.
FISCAL IMPLICATIONS:
None to the State
EFFECTIVE DATE:
This bill shall take, effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2548
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the general business law, in relation to allowing
licensed estheticians and licensed cosmetologists to practice micro-
needling
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 400 of the general business law,
2 as added by chapter 509 of the laws of 1992, is amended and three new
3 subdivisions 6-a, 7-a and 12 are added to read as follows:
4 6. The practice of "esthetics" means providing for a fee, or any
5 consideration or exchange, whether direct or indirect, services to
6 enhance the appearance of the face, neck, arms, legs, and shoulders of a
7 human being by the use of compounds or procedures including makeup,
8 eyelashes, depilatories, tonics, lotions, waxes, microneedling, sanding
9 and tweezing, whether performed by manual, mechanical, chemical or elec-
10 trical means and instruments but shall not include the practice of elec-
11 trology.
12 6-a. "Esthetician" means a person licensed to practice esthetics.
13 7-a. "Cosmetologist" means a person licensed to practice cosmetology.
14 12. "Microneedling" means the use of a roller covered in very small
15 needles to insert very small needles into the skin.
16 § 2. The general business law is amended by adding a new section 404-d
17 to read as follows:
18 § 404-d. Microneedling five hour course. 1. All licensed estheticians
19 and licensed cosmetologists shall in order to practice microneedling
20 complete a five hour microneedling approved course offered by a New York
21 state licensed appearance enhancement school whose curriculum for such
22 course was approved by the bureau of proprietary school supervision.
23 Upon completion of such course, all licensed estheticians and licensed
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06571-01-3
A. 2548 2
1 cosmetologists who complete the course shall receive a certificate of
2 completion in theory and practical proficiency in microneedling.
3 2. The five hour microneedling course curriculum shall include prac-
4 ticing microneedling and universal precautions including, but not limit-
5 ed to, proper handling, sanitizing, disinfecting, and disposing of mate-
6 rials that encounter blood or bodily fluids to ensure both the safety of
7 the esthetician and the consumer.
8 3. In order to enroll in the five hour microneedling course, the
9 licensed estheticians or licensed cosmetologists shall show proof of
10 completion and passing of occupational safety and health administration
11 bloodborne pathogen training certification.
12 § 3. This act shall take effect immediately.
