Bill Text: NY S02834 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to licensing laser hair removal technicians; establishes laser hair removal rules and regulations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2020-12-28 - COMMITTED TO RULES [S02834 Detail]
Download: New_York-2019-S02834-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2834--A Cal. No. 193 2019-2020 Regular Sessions IN SENATE January 29, 2019 ___________ Introduced by Sens. SAVINO, PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 has obtained a certificate of registration 19 pursuant to this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03811-11-0S. 2834--A 2 1 3. A person licensed by any other state or country to practice nail 2 specialty, waxing, natural hair styling, esthetics [or], cosmetology or 3 laser hair removal shall be allowed to practice in New York state for 4 three months or less within any calendar year for the purpose of giving 5 to, or receiving from, persons who are licensed under this article 6 training in current styles, techniques or materials, provided however, 7 that no such unlicensed person may provide services to the public for 8 any fee, or other compensation, whether direct or indirect. 9 § 3. Subdivision 1 of section 403 of the general business law, as 10 amended by chapter 339 of the laws of 2017, is amended to read as 11 follows: 12 1. There shall be established within the department an advisory 13 committee which shall consist of [nine] ten members broadly represen- 14 tative of the appearance enhancement industry; including one person 15 engaged in the practice of either nail specialty or waxing; two persons 16 engaged in natural hair styling; one of whom shall be knowledgeable in 17 the practice of styling techniques which place tension on the hair 18 roots, and one of whom shall ensure strict adherence to quality services 19 for all clients of all hair types, including, but not limited to, curl 20 pattern, hair strand thickness, and volume of hair; one person engaged 21 in esthetics; one person engaged in laser hair removal; two persons 22 engaged in cosmetology; two persons engaged in training of persons for 23 such practices and one person licensed as a dermatologist. The secretary 24 shall appoint such persons to serve on the advisory committee, provided, 25 that two shall be appointed by the secretary on the recommendation of 26 the temporary president of the senate and two shall be appointed by the 27 secretary on the recommendation of the speaker of the assembly. Each 28 member of the committee shall be appointed for terms of two years. Any 29 member may be reappointed for additional terms. The secretary shall 30 designate from among the members of the committee a chairperson who 31 shall serve at the pleasure of the secretary. 32 § 4. Section 404 of the general business law, as amended by chapter 80 33 of the laws of 2015, is amended to read as follows: 34 § 404. Rules and regulations. The secretary shall promulgate rules and 35 regulations which establish standards for practice and operation by 36 licensees and trainees under this article in order to ensure the health, 37 safety and welfare of the public including licensees and trainees when 38 they are working within such establishments. Such rules and regulations 39 shall include, but not be limited to, the sanitary conditions and proce- 40 dures required to be maintained, a minimum standard of training appro- 41 priate to the duties of nail specialists, trainees, waxers, natural hair 42 stylists, estheticians, [and], cosmetologists, and laser hair removal 43 technicians and the provision of service by nail specialists, trainees, 44 waxers, natural hair stylists, estheticians [or], cosmetologists or 45 laser hair removal technicians at remote locations other than the 46 licensee's home provided that such practitioner holds an appearance 47 enhancement business license to operate at a fixed location or is 48 employed by the holder of an appearance enhancement business license. 49 Regulations setting forth the educational requirements for nail special- 50 ists and trainees shall include education in the area of causes of 51 infection and bacteriology. Regulations related to the practice and 52 operation of licensed laser hair removal technicians shall include the 53 standards set forth in section four hundred four-d of this article. In 54 promulgating such rules and regulations the secretary shall consult with 55 the state education department, the advisory committee established 56 pursuant to this article, any other state agencies and private industryS. 2834--A 3 1 representatives as may be appropriate in determining minimum training 2 requirements. 3 § 5. The general business law is amended by adding a new section 404-d 4 to read as follows: 5 § 404-d. Laser hair removal rules and regulations. 1. (a) The secre- 6 tary shall, in consultation with the appearance enhancement advisory 7 committee provided for in section four hundred three of this article, 8 promulgate rules and regulations which establish standards for the prac- 9 tice and operation of licensed laser hair removal technicians in order 10 to ensure the health, safety and welfare of the public including licen- 11 sees and trainees when they are working in such establishments. Such 12 rules and regulations shall be promulgated in accordance with section 13 four hundred four of this article and shall include, but not be limited 14 to: the identification of a state approved curriculum for licensees; 15 the implementation of a registration fee for laser hair removal estab- 16 lishments; a minimum age requirement for laser hair removal technicians; 17 the minimum number of hours of training a trainee must receive from a 18 state approved curriculum; training requirements specifying the minimum 19 number of procedures, specific to each part of the body, to be performed 20 on volunteers; and continued certification by a nationally accredited 21 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. The practice of laser hair removal shall only be performed by a 30 person licensed to practice medicine or by a licensed laser hair removal 31 technician under the direction and supervision of a person licensed to 32 practice medicine. 33 3. Every facility that is not a medical practice shall be required to 34 have a consulting physician who is familiar with the use of lasers for 35 hair removal. The consulting physician shall conduct an annual audit of 36 policies and procedures and shall be available throughout the year to 37 see a laser hair removal client in case of injury. 38 § 6. Paragraph a of subdivision 1 of section 406 of the general busi- 39 ness law, as amended by chapter 341 of the laws of 1998, is amended to 40 read as follows: 41 a. Any person intending to practice nail specialty, waxing, natural 42 hair styling, esthetics [or], cosmetology or laser hair removal as 43 defined in this article, or to own or operate an appearance enhancement 44 business, shall first make application to the secretary for a license 45 therefor. 46 § 7. Subdivision 2 of section 406 of the general business law, as 47 amended by chapter 341 of the laws of 1998 and paragraph c as amended by 48 section 3 of part D of chapter 328 of the laws of 2014, is amended to 49 read as follows: 50 2. a. Any person seventeen years of age or older may apply to the 51 secretary for a license to practice nail specialty, waxing, natural hair 52 styling, esthetics or cosmetology. 53 b. Each such application shall also be accompanied by satisfactory 54 evidence of having taken and passed the appropriate examination or exam- 55 inations offered by the secretary pursuant to this article for the 56 license sought and evidence of the successful completion of an approvedS. 2834--A 4 1 course of study in nail specialty, waxing, natural hair styling, esthet- 2 ics [or], cosmetology or laser hair removal in a school duly licensed 3 pursuant to the education law. 4 c. Any applicant for a license to practice nail specialty, waxing, 5 natural hair styling, esthetics [or], cosmetology or laser hair removal 6 may submit satisfactory evidence of licensure to practice an equivalent 7 occupation issued by any other state, territory, protectorate or depend- 8 ency of the United States or any other country in lieu of the evidence 9 of schooling and examination required by this subdivision, provided that 10 such license was granted in compliance with standards which were, in the 11 judgment of the secretary, not lower than those of this state and 12 provided that such state, territory, protectorate, dependency, or coun- 13 try extends similar reciprocity to the licensees of this state, or the 14 applicant practiced an equivalent occupation in such state, territory, 15 protectorate, dependency or country for a minimum of five years, or the 16 applicant is a member of the household of a member of the armed forces 17 of the United States, national guard or reserves and was a member of 18 such household before such member relocated to the state. 19 d. Notwithstanding the educational requirements of this section and 20 the testing requirements of this section, an applicant who otherwise has 21 met the licensing requirements of this article for a nail specialist, 22 waxer, natural hair stylist, esthetician [or], cosmetologist or laser 23 hair removal technician who shall provide satisfactory evidence he or 24 she has been actively and continuously engaged in the practice of nail 25 specialty, waxing, natural hair styling, esthetics [or], cosmetology or 26 laser hair removal for at least one year prior to the effective date of 27 this article, may be issued a license for nail specialty, waxing, 28 natural hair styling, esthetics [or], cosmetology or laser hair removal 29 pursuant to this article. Notwithstanding the educational and testing 30 requirements of this section, a person licensed to practice barbering 31 under article twenty-eight of this chapter who otherwise has met the 32 licensing requirements of this article may be issued a license to prac- 33 tice natural hairstyling. Other than applicants licensed under article 34 twenty-eight of this chapter, those persons who apply after a twelve 35 month period from the effective date of this article will be required to 36 provide evidence of training and to take the examination or examinations 37 as required for other licenses pursuant to this article. 38 e. Upon acceptance by the secretary of a proper application for an 39 operator's license to practice nail [speciality] specialty, waxing, 40 natural hair styling, esthetics [or], cosmetology or laser hair removal, 41 the secretary may issue a temporary operator's license which shall 42 expire six months from issuance. Upon good cause shown, the secretary 43 may renew a temporary operator's license for one additional six-month 44 period upon filing the appropriate application and fee. 45 § 8. Subdivision 1 of section 407 of the general business law, as 46 amended by chapter 255 of the laws of 1999, is amended to read as 47 follows: 48 1. The examinations for the license to practice natural hair styling, 49 esthetics, nail specialty [and], cosmetology and laser hair removal 50 shall be practical and written. The examinations for the license to 51 practice waxing shall be limited to a written examination only. The 52 secretary shall determine reasonable standards of performance for each 53 license and shall evaluate the prospective applicants and applicants on 54 the basis of such standards. The objectives of the examinations shall be 55 to insure that prospective applicants and applicants have sufficient 56 basic skills to safeguard the health and safety of the public and toS. 2834--A 5 1 insure that prospective applicants and applicants have attained adequate 2 levels of skill to competently engage in the activities authorized by 3 the license. 4 § 9. Subdivision 1 of section 409 of the general business law, as 5 amended by section 2 of part Y of chapter 60 of the laws of 2011, is 6 amended to read as follows: 7 1. The non-refundable fee for an application for a license to engage 8 in the practice of nail specialty, waxing, natural hair styling, esthet- 9 ics [or], cosmetology or laser hair removal, shall be forty dollars 10 initially and for each renewal thereof the fee shall be forty dollars; 11 the fee for a temporary license and each renewal shall be ten dollars. 12 § 10. Paragraph a of subdivision 2 of section 410 of the general busi- 13 ness law, as amended by chapter 80 of the laws of 2015, is amended to 14 read as follows: 15 a. The secretary may issue an order directing the cessation of any 16 activity related to nail specialty, waxing, natural hair styling, 17 esthetics [or], cosmetology or laser hair removal for which a license is 18 required by this article upon a determination that a person, partner- 19 ship, limited liability company or business corporation, engaging in the 20 business or occupation of, or holding himself, herself or itself out as 21 or acted, temporarily or otherwise, as a nail specialist, natural hair 22 stylist, esthetician [or], cosmetologist or laser hair removal techni- 23 cian within this state without a valid license being in effect. The 24 secretary shall, before making such determination and order, afford such 25 person, partnership, limited liability company or business corporation 26 an opportunity to be heard in person or by counsel in reference thereto 27 in an adjudicatory proceeding held pursuant to section four hundred 28 eleven of this article as applicable. 29 § 11. Subdivision 1 of section 412 of the general business law, as 30 amended by chapter 80 of the laws of 2015, is amended to read as 31 follows: 32 1. The practice of nail specialty, waxing, natural hair styling, 33 esthetics [or], cosmetology or laser hair removal without a license or 34 while under suspension or revocation, or in violation of an order 35 directing the cessation of unlicensed activity issued by the secretary 36 pursuant to section four hundred ten or four hundred eleven of this 37 article, is a violation and is subject to a civil penalty of up to five 38 hundred dollars for the first violation; one thousand dollars for a 39 second such violation; and two thousand five hundred dollars for a third 40 violation and any subsequent violation. 41 § 12. This act shall take effect one year after it shall have become a 42 law. Effective immediately, the addition, amendment and/or repeal of any 43 rule or regulation necessary for the implementation of this act on its 44 effective date are authorized to be made and completed on or before such 45 effective date.
