Bill Text: NY S03708 | 2009-2010 | General Assembly | Amended
Bill Title: Requires licensed appearance enhancement professionals to successfully complete a prescribed continuing education course or program in the prevention of the transmission of infection and the proper methods of sterilization.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-01-06 - REFERRED TO CONSUMER PROTECTION [S03708 Detail]
Download: New_York-2009-S03708-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3708--D
Cal. No. 581
2009-2010 Regular Sessions
I N S E N A T E
March 30, 2009
___________
Introduced by Sen. SAMPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- reported favorably from said commit-
tee, ordered to first report, amended on first report, ordered to a
second report and ordered reprinted, retaining its place in the order
of second report
AN ACT to amend the general business law, in relation to requiring
licensed appearance enhancement professionals to successfully complete
a prescribed course of study or program in the prevention of the tran-
smission of infection and the proper methods of sterilization
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
2 405-a to read as follows:
3 S 405-A. CONTINUING EDUCATION CONCERNING INFECTION CONTROL AND THE
4 TRANSMISSION OF INFECTIOUS DISEASES. 1. AS A PREREQUISITE FOR THE ISSU-
5 ANCE OF ANY LICENSE OR A RENEWAL OF AN APPEARANCE ENHANCEMENT BUSINESS
6 LICENSE OR A RENEWAL FOR A LICENSE TO PRACTICE WAXING, COSMETOLOGY, NAIL
7 SPECIALTY, ESTHETICS OR NATURAL HAIRSTYLING AS DEFINED BY SUBDIVISIONS
8 ONE THROUGH EIGHT OF SECTION FOUR HUNDRED OF THIS ARTICLE, THE LICENSED
9 APPLICANT SHALL PRESENT EVIDENCE SATISFACTORY TO THE DEPARTMENT OF STATE
10 HAVING MET THE CONTINUING EDUCATION REQUIREMENTS PURSUANT TO THIS ARTI-
11 CLE.
12 2. THE CONTINUING EDUCATION REQUIREMENTS FOR ISSUANCE OR RENEWAL OF
13 SUCH LICENSE SHALL BE THE SUCCESSFUL COMPLETION BY THE APPLICANT, WITHIN
14 THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF SUCH APPLICA-
15 TION, OF A COURSE OF STUDY IN INFECTION PREVENTION AND CONTROL OFFERED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10808-07-9
S. 3708--D 2
1 THROUGH SCHOOLS OF INFECTION CONTROL, LICENSED BY THE DEPARTMENT OF
2 EDUCATION. UPON SUCCESSFUL COMPLETION OF THE COURSE OF STUDY AS
3 DESCRIBED IN THIS SECTION, SUCH SCHOOL SHALL GENERATE A COURSE
4 COMPLETION CERTIFICATE NUMBER THAT SHALL CONSTITUTE PROOF THAT THE
5 APPLICANT HAS SUCCESSFULLY COMPLETED A COURSE OF STUDY IN INFECTION
6 CONTROL AS DESCRIBED IN THIS SECTION. IN ADDITION, ANY APPEARANCE
7 ENHANCEMENT SCHOOLS IN NEW YORK STATE, MAY OBTAIN A NEW YORK STATE
8 APPROVED CURRICULUM, OR COURSEWORK, TO BECOME AN APPROVED PROVIDER AND
9 MAY DO SO IN CONJUNCTION WITH AN APPROVED SCHOOL OF INFECTION CONTROL.
10 IN ORDER TO BE ELIGIBLE TO OFFER SUCH CURRICULUM OR COURSEWORK, THE
11 APPEARANCE ENHANCEMENT SCHOOL SHALL APPLY TO THE DEPARTMENT OF EDUCATION
12 FOR APPROVAL. THE COURSE OF STUDY MAY BE PROVIDED EITHER AT THE SCHOOL'S
13 PREMISES OR BY LONG DISTANCE METHODS OF INSTRUCTION AND TESTING INCLUD-
14 ING BUT NOT LIMITED TO, SELF-PACED HOME STUDY CORRESPONDENCE COURSES OR
15 THROUGH ONLINE COURSES. FOR THE PURPOSES OF THIS SECTION, THE TERM
16 "SCHOOL OF INFECTION CONTROL" SHALL MEAN A SCHOOL THAT HAS BEEN DEVEL-
17 OPED AND APPROVED BY THE DEPARTMENT OF EDUCATION FOR THE PURPOSE OF
18 DEVELOPING AND OFFERING COURSES PROVIDING EDUCATION IN THE FIELD OF
19 TRANSMISSION OF INFECTION AND CONTAGIOUS DISEASES, INCLUDING THE PROPER
20 METHODS OF SANITATION AND STERILIZATION TO BE PRACTICED, ESPECIALLY AS
21 THEY RELATE TO TOOLS, INSTRUMENTS AND EQUIPMENT, IN THE PROFESSIONS OF
22 WAXING, COSMETOLOGY, NAIL SPECIALTY, ESTHETICS OR NATURAL HAIRSTYLING.
23 S 2. Subdivision 1 of section 406 of the general business law is
24 amended by adding five new paragraphs f, g, h, i and j to read as
25 follows:
26 F. EACH APPLICATION FOR THE ISSUANCE OR RENEWAL OF AN APPEARANCE
27 ENHANCEMENT BUSINESS LICENSE OR A LICENSE TO PRACTICE WAXING, COSMETOLO-
28 GY, NAIL SPECIALTY, ESTHETICS OR NATURAL HAIRSTYLING SHALL INDICATE, BY
29 SELF-CERTIFICATION USING THE COURSE COMPLETION CERTIFICATE NUMBER, THAT
30 THE APPLICANT HAS SUCCESSFULLY COMPLETED THE PRESCRIBED COURSE OF STUDY,
31 FROM A SCHOOL OR PROGRAM, AS DESCRIBED IN SECTION FOUR HUNDRED FIVE-A OF
32 THIS ARTICLE, CONCERNING THE PREVENTION OF THE TRANSMISSION OF INFECTION
33 AND CONTAGIOUS DISEASES, AND THE PROPER METHODS OF SANITATION AND STERI-
34 LIZATION.
35 G. ANY SCHOOL OF INFECTION CONTROL OR ANY APPEARANCE ENHANCEMENT
36 SCHOOL THAT IS APPROVED BY THE DEPARTMENT OF EDUCATION, UNDER THIS ARTI-
37 CLE, SHALL BE ANNUALLY ASSESSED BASED ON THE PRIOR YEAR OF THEIR FINAN-
38 CIAL STATEMENTS, BY THE SECRETARY OF STATE. A PERCENTAGE OF THEIR GROSS
39 TUITION SHALL BE DEPOSITED INTO THE BUSINESS AND LICENSING ACCOUNT AS
40 DETERMINED BY THE ANNUAL FINANCIAL STATEMENT OR ANNUAL AUDITED FINANCIAL
41 STATEMENT. SUCH FUNDS SHALL BE TRANSFERRED TO THE GENERAL FUND IN EQUAL
42 QUARTERLY INSTALLMENTS WHICH SHALL BE DUE ON APRIL FIRST, JULY FIRST,
43 OCTOBER FIRST AND JANUARY FIRST.
44 H. (I) BEGINNING OCTOBER FIRST, TWO THOUSAND TEN, SUCH ANNUALIZED
45 ASSESSMENT SHALL BE SIX PERCENT.
46 (II) BEGINNING APRIL FIRST, TWO THOUSAND ELEVEN, SUCH ANNUALIZED
47 ASSESSMENT SHALL BE FIVE PERCENT.
48 (III) BEGINNING APRIL FIRST, TWO THOUSAND TWELVE, SUCH ANNUALIZED
49 ASSESSMENT SHALL BE FOUR PERCENT.
50 (IV) BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN, AND IN EACH
51 SUCCEEDING YEAR, SUCH ANNUALIZED ASSESSMENT SHALL BE THREE PERCENT. THE
52 SECRETARY OF STATE SHALL APPROPRIATE THE FUNDS DECLARED HEREIN TOWARDS
53 THE IMPLEMENTATION AND ENFORCEMENT OF THIS SECTION.
54 I. FOLLOWING THE CLOSE OF EACH FISCAL YEAR, THE SECRETARY OF STATE, IN
55 CONSULTATION WITH THE DIRECTOR OF THE BUDGET, SHALL DETERMINE IF THE
56 BALANCE IN THE BUSINESS AND LICENSING ACCOUNT HAS EXCEEDED THE AMOUNT
S. 3708--D 3
1 REQUIRED FOR THE IMPLEMENTATION AND ENFORCEMENT OF THIS SECTION, IT
2 SHOULD BE TAKEN INTO ACCOUNT FOR PROJECTED REVENUES AND EXPENDITURES FOR
3 THE SUBSEQUENT FISCAL YEAR. TO THE EXTENT THAT A SURPLUS IS IDENTIFIED,
4 THE SECRETARY OF STATE, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET,
5 SHALL DIRECT THE TRANSFER OF SUCH SURPLUS TO THE GENERAL FUND.
6 J. LATE PAYMENTS MAY RESULT IN SUSPENSION OF LICENSURE BY THE SECRE-
7 TARY OF STATE. PAYMENTS REQUIRED BY THIS SUBDIVISION SHALL BE CONSIDERED
8 A CONDITION OF LICENSURE OR REGISTRATION.
9 S 3. Subdivision 6 of section 408 of the general business law, as
10 added by chapter 509 of the laws of 1992, is amended to read as follows:
11 6. Any license, which has not been suspended or revoked, may, upon the
12 payment of the renewal fee, be renewed for additional periods of two
13 years [from its application], without further examination, upon the
14 filing of an application for such renewal, on a form to be prescribed by
15 the secretary.
16 S 4. This act shall take effect on the sixtieth day after it shall
17 have become a law.
