Bill Text: NY A00821 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to licensing laser hair removal technicians; establishes laser hair removal rules and regulations.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-02-25 - print number 821a [A00821 Detail]

Download: New_York-2019-A00821-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           821
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2019
                                       ___________
        Introduced  by M. of A. PAULIN, SCHIMMINGER -- read once and referred to
          the Committee on Economic Development
        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. Subdivision 6 of section 400 of the general  business  law,
     2  as  added  by  chapter  509  of the laws of 1992, is amended and two new
     3  subdivisions 12 and 13 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, sanding and tweezing,
     9  whether performed by manual, mechanical, chemical  or  electrical  means
    10  and instruments but shall not include the practice of needle based elec-
    11  trology. The practice of "esthetics" shall include laser hair removal or
    12  intense  pulses of light hair removal performed on any part of the human
    13  body.
    14    12. "Laser hair removal" means the use of  a  laser  or  pulsed  light
    15  device in a hair removal procedure that does not remove the epidermis.
    16    13. "Laser hair removal technician" means a licensed esthetician whose
    17  practice is limited to laser hair removal.
    18    §  2.  Subdivision  5  of  section 402 of the general business law, as
    19  added by chapter 509 of the laws of 1992, is amended to read as follows:
    20    5.  Adopt  such  rules  and  regulations  not  inconsistent  with  the
    21  provisions of this article, as may be necessary with respect to the form
    22  and  content  of  applications  for licenses, the reception thereof, the
    23  investigation and examination of applicants and  of  prospective  appli-
    24  cants  taking  examinations  and  their  qualifications,  and  the other
    25  matters incidental or appropriate to the powers and duties of the secre-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03811-03-9
        A. 821                              2
     1  tary as prescribed by this article and for the proper administration and
     2  enforcement of the provisions of this article.  Nothing in this  section
     3  shall  prohibit  the  secretary  from incorporating competency standards
     4  developed  by  nationally  accredited  organizations  acceptable  to the
     5  department into requirements for licensure in practice areas when neces-
     6  sary to maintain public health and safety.
     7    § 3. The general business law is amended by adding a new section 404-d
     8  to read as follows:
     9    § 404-d. Laser hair removal rules and regulations. 1. (a)  The  secre-
    10  tary  shall  promulgate  rules and regulations which establish standards
    11  for the practice and operation of licensed laser  hair  removal  techni-
    12  cians  in  order  to ensure the health, safety and welfare of the public
    13  including licensees and trainees when they are working  in  such  estab-
    14  lishments.  Such rules and regulations shall include, but not be limited
    15  to:  the  implementation  of  a  registration fee for laser hair removal
    16  establishments; a minimum age requirement for laser hair removal techni-
    17  cians; the minimum number of hours of training a  trainee  must  receive
    18  from  a  state approved curriculum; training requirements specifying the
    19  minimum number of procedures, specific to each part of the body,  to  be
    20  performed on volunteers; continued certification by a nationally accred-
    21  ited organization acceptable to the department.
    22    (b)  The department may, at its discretion, waive training and curric-
    23  ulum requirements for currently employed licensed estheticians  perform-
    24  ing  laser hair removal provided that the licensed esthetician satisfac-
    25  torily completes the competency examination approved by the department.
    26    (c) The secretary shall require establishments  providing  laser  hair
    27  removal to maintain a maintenance of a minimum of one million dollars in
    28  liability insurance.
    29    2.  Every facility that is not a medical practice shall be required to
    30  have a laser safety officer certified by  an  independent  laser  safety
    31  organization acceptable to the department and a consulting physician who
    32  is  familiar  with  the  use  of lasers for hair removal. The consulting
    33  physician shall conduct an annual audit of policies and  procedures  and
    34  shall  be  available  throughout  the  year  to see a laser hair removal
    35  client in case of injury.
    36    § 4. 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.