Bill Text: NY S08573 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the practice of natural hair care and braiding; creates an apprenticeship in such area; makes conforming technical changes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-02-15 - REFERRED TO CONSUMER PROTECTION [S08573 Detail]
Download: New_York-2023-S08573-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8573 IN SENATE February 15, 2024 ___________ Introduced by Sen. WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to the practice of natural hair care and braiding The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The article heading of article 27 of the general business 2 law, as added by chapter 509 of the laws of 1992, is amended to read as 3 follows: 4 LICENSING OF NAIL SPECIALTY, NATURAL 5 HAIR [STYLING] CARE AND BRAIDING, 6 ESTHETICS AND COSMETOLOGY 7 § 2. Subdivisions 3 and 5 of section 400 of the general business law, 8 subdivision 3 as added by chapter 509 of the laws of 1992 and subdivi- 9 sion 5 as amended by chapter 343 of the laws of 1998, are amended to 10 read as follows: 11 3. "Licensee" means a person licensed pursuant to this article to 12 engage in the practice of natural hair [styling] care and braiding, 13 esthetics, nail specialty or cosmetology, or to operate an appearance 14 enhancement business in which such practice, as herein defined, is 15 provided to the public. 16 5. a. The practice of "natural hair [styling] care and braiding" means 17 providing for a fee, or any consideration or exchange, whether direct or 18 indirect, any of the following services to the hair of a human being: 19 with all ranges of hair types and textures, consulting and scalp analy- 20 sis, hair texture assessment, shampooing, conditioning, providing clean, 21 botanical and sustainable beauty products which include clarifying and 22 moisturizing shampoos, leave-in conditioners and steam hydration condi- 23 tioning, scalp treatments, wellness practices, hydration and protein 24 strengthening treatments, clays, masks, essential oils, and 25 herbal/botanical rinses, arranging, dressing, twisting, coiling, wrap- 26 ping, weaving, extending, locking, palm rolling or braiding the hair or 27 beard by either hand or mechanical [appliances] equipment, including 28 using clips, combs, crochet needles, latch-hook tools, interlocking EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13808-06-4S. 8573 2 1 tools, sewing blunt-tipped and curve needles, beading pliers, curlers, 2 rods, rollers, hairpins, scissors, thread and yarn for styling natural 3 textured hair or braids on all ranges of hair types and textures. 4 b. Such practice shall not include cutting, shaving or trimming 5 natural hair except that such activities are permissible to the extent 6 that such activities are incidental to the practice of minor hair shap- 7 ing or trimming of naturally textured hair after the installation and 8 finishing of braid hair extensions, natural hair styling, and natural 9 hair braiding. 10 c. Such practice shall not include the application of dyes, reactive 11 chemicals, or other preparations to alter the color or to straighten, 12 curl, or permanently alter the structure of the hair with chemicals or 13 heat. Techniques which result in tension on hair roots such as certain 14 types of braiding, weaving, wrapping, locking and extending of the hair 15 may only be performed by a natural hair [styling] care and braiding 16 licensee or cosmetology licensee who has successfully completed an 17 approved course of study in such techniques. 18 § 3. Section 400 of the general business law is amended by adding nine 19 new subdivisions 5-a, 5-b, 5-c, 5-d, 5-e, 5-f, 5-g, 5-h, and 5-i to read 20 as follows: 21 5-a. "Natural hair" means all virgin hair types and textures that have 22 not been exposed to any chemicals or heat styling that may alter the 23 natural curl, coil or wave patterns of the hair. 24 5-b. "Natural hair care" means the maintenance and overall care 25 performed by a natural hair care specialist dedicated to the health and 26 wellness of one's hair and scalp through proper tension techniques and 27 without the use of chemicals or the alteration of the structure of the 28 hair. 29 5-c. "Textured hair" means textured hair types, including curly, 30 coily, tight coily, afro coily, straight and wavey, including, but not 31 limited to, various curly, coily, wavy or wiry patterns, combinations 32 and configurations, hair strands, thickness, and volumes of hair. 33 5-d. "Textured hair styling" means the styling practices and tech- 34 niques for haircare of all hair types and textures performed by a 35 textured hairstylist, including arranging, dressing, curly and coily 36 styling, comb coiling, finger coiling, double strand twisting, flat- 37 twisting or the use of curlers, rods, rollers/hair pins including the 38 preparation of the foundation of the hair through wellness practices in 39 order to preserve the health of the hair with clean, botanical and 40 sustainable beauty products which include clarifying and moisturizing 41 shampoos, leave-in conditioners, steam hydration conditioning, hydration 42 and protein strengthening treatments, and herbal/botanical rinses; and 43 topical agents such as gels and gelee, hairspray, foams, mousse, molding 44 muds, moisturizers, oils, pomades, in conjunction with performing the 45 practice of natural hair care and braiding. Such styling shall include 46 the use of blow dryers and diffusers for the purpose of drying natural 47 textured styles with indirect heat. 48 5-e. "Braid" means the interlacing of three or more strands of hair, 49 and can be worn in a variety of styles, including cornrows, twists, 50 locs, and box braids with or without added hair fibers. 51 5-f. "Braiding" means the styling practices and techniques performed 52 by a braid specialist who styles all hair types and textures which 53 includes the use of natural human hair or synthetic hair 54 extension/fibers, natural human hair and synthetic blended fibers, deco- 55 rative beads, and other hair adornments. Minor hair shaping or trimming 56 of naturally textured hair or hair extensions necessary for finishingS. 8573 3 1 braid hair extensions may occur. Braiding types and techniques can 2 include, but are not limited to, individual box braids, knotless/feed-in 3 braids, cornrows, stitch cornrows, casamas, plaits, Bantu Knots, or 4 Senegalese Twists. 5 5-g. "African braiding" refers to the cultural reference of tradi- 6 tional techniques of naturally braiding and cornrowing hair, originating 7 from African communities within the African diaspora. 8 5-h. "Locking" or "loc extensions" includes, but is not limited to, 9 wrapping the hair, palm rolling techniques, grooming, interlocking, 10 crochet locking, micro/locking including the preparation of the founda- 11 tion of the hair through wellness practices in order to preserve the 12 health of the hair with clean, botanical and sustainable beauty products 13 which include clarifying and moisturizing shampoos, leave-in condition- 14 ers, and steam hydration conditioning treatments, hydration and moistur- 15 izing techniques, protein strengthening treatments, and herbal/botanical 16 rinses; and topical agents such as gels and gelee, hairspray, foams, 17 mousse, molding muds, moisturizers, oils, pomades, in conjunction with 18 performing the practice of natural hair care and braiding. 19 5-i. "Weaving" and "extensions" means extending natural textured hair 20 with the addition of braids, locs or additional textured hair with human 21 hair, synthetic fibers, and hair extension; the making of wigs from 22 human hair, synthetic fibers, and hair extensions including the prepara- 23 tion of the foundation of the hair through wellness practices in order 24 to preserve the health of the hair with clean, botanical and sustainable 25 beauty products which include clarifying and moisturizing shampoos, 26 leave-in conditioners, and steam hydration conditioning treatments, 27 hydration and moisturizing techniques, protein strengthening treatments, 28 and herbal/botanical rinses; and topical agents such as gels and gelee, 29 hairspray, foams, mousse, molding muds, moisturizers, oils, pomades, in 30 conjunction with performing the practice of natural hair care and braid- 31 ing. 32 § 4. Subdivisions 1 and 3 of section 401 of the general business law, 33 subdivision 1 as amended by chapter 80 of the laws of 2015 and subdivi- 34 sion 3 as amended by chapter 341 of the laws of 1998, are amended and a 35 new subdivision 4 is added to read as follows: 36 1. No person shall engage in the practice of nail specialty, waxing, 37 natural hair [styling] care and braiding, esthetics or cosmetology, as 38 defined in section four hundred of this article, without having received 39 a license to engage in such practice in the manner prescribed in this 40 article. No person shall act as a trainee or perform any service as such 41 unless he or she has obtained a certificate of registration pursuant to 42 this article. 43 3. A person licensed by any other state or country to practice nail 44 specialty, waxing, natural hair [styling] care and braiding, esthetics 45 or cosmetology shall be allowed to practice in New York state for three 46 months or less within any calendar year for the purpose of giving to, or 47 receiving from, persons who are licensed under this article training in 48 current styles, techniques or materials, provided however, that no such 49 unlicensed person may provide services to the public for any fee, or 50 other compensation, whether direct or indirect. 51 4. Notwithstanding the provisions of this section, an unlicensed 52 person practicing natural hair care and braiding in the state of New 53 York or any other state or country for at least five years shall be 54 permitted to apply for a license in New York state. Such applicants 55 shall be issued a temporary license after providing evidence of such 56 required work experience in a form approved by the department. SuchS. 8573 4 1 applicants shall be required to fulfill all requirements under subdivi- 2 sion three of section four hundred-eight-c of this article prior to 3 being licensed. The secretary of state shall promulgate rules and regu- 4 lations with input from the advisory committee established under section 5 four hundred three of this article to ensure such licensing. 6 § 5. Section 404 of the general business law, as amended by chapter 7 664 of the laws of 2023, is amended to read as follows: 8 § 404. Rules and regulations. The secretary shall promulgate rules and 9 regulations which establish standards for practice and operation by 10 licensees and trainees under this article in order to ensure the health, 11 safety and welfare of the public including licensees and trainees when 12 they are working within such establishments. Such rules and regulations 13 shall include, but not be limited to, the sanitary conditions and proce- 14 dures required to be maintained, a minimum standard of training appro- 15 priate to the duties of nail specialists, trainees, waxers, natural hair 16 [stylists] care and braiding specialists, estheticians, and cosmetolo- 17 gists and the provision of service by nail specialists, trainees, 18 waxers, natural hair [stylists] care and braiding specialists, estheti- 19 cians or cosmetologists at remote locations other than the licensee's 20 home provided that such practitioner holds an appearance enhancement 21 business license to operate at a fixed location or is employed by the 22 holder of an appearance enhancement business license. Regulations 23 setting forth the educational requirements for nail specialists and 24 trainees shall include education in the area of causes of infection and 25 bacteriology. Regulations setting forth the educational requirements for 26 cosmetologists [or], natural hair [stylists] care and braiding special- 27 ists and natural hair care and braiding apprentices shall include educa- 28 tion regarding the provision of services to individuals with all hair 29 types and textures, including, but not limited to, various curl, coil or 30 wave patterns, hair strand thicknesses, and volumes of hair. Addi- 31 tionally, such regulations for natural hair care and braiding special- 32 ists and natural hair care and braiding apprentices shall include educa- 33 tion in the area of natural hair care and braid techniques, cause of 34 infection and bacteriology, alopecia and scalp disorders and diseases, 35 salon health and safety protocols and the science of sanitary practices. 36 In promulgating such rules and regulations the secretary shall consult 37 with the state education department, the advisory committee established 38 pursuant to this article, any other state agencies and private industry 39 representatives from beauty schools and academies as may be appropriate 40 in determining minimum training requirements. 41 § 6. Section 406 of the general business law, as added by chapter 509 42 of the laws of 1992, subdivisions 1, 2 and 4 as amended by chapter 341 43 of the laws of 1998, paragraph e of subdivision 1 as amended by chapter 44 376 of the laws of 2015, paragraph f of subdivision 1 as added by chap- 45 ter 80 of the laws of 2015, paragraph c of subdivision 2 as amended by 46 section 3 of part D of chapter 328 of the laws of 2014 and paragraph a 47 of subdivision 3 as amended by chapter 324 of the laws of 1998, is 48 amended to read as follows: 49 § 406. License application; procedure; requirements; temporary 50 license. 1. a. Any person intending to practice nail specialty, waxing, 51 natural hair [styling] care and braiding, esthetics or cosmetology as 52 defined in this article, or to own or operate an appearance enhancement 53 business, shall first make application to the secretary for a license 54 therefor. 55 b. Such application shall be in a form and manner prescribed by the 56 secretary and shall contain such information as, in the secretary'sS. 8573 5 1 judgment, is reasonable and necessary to determine the qualifications 2 and fitness for licensing of the applicant. 3 c. The application shall be subscribed by the applicant and affirmed 4 under penalty of perjury. 5 d. Each application shall be accompanied by the appropriate fee as 6 prescribed by this article. 7 e. Each application shall be accompanied by a certificate of a duly 8 licensed physician, or nurse practitioner to the extent authorized by 9 law and consistent with subdivision three of section six thousand nine 10 hundred two of the education law on a form prescribed by the secretary, 11 showing freedom from any infectious or communicable disease which 12 certificate shall have been issued within thirty days prior to the date 13 of the filing of the application. 14 f. Notwithstanding the educational requirements of this section, a 15 trainee may obtain a license to practice nail specialty if such trainee 16 provides satisfactory evidence to the secretary that such trainee has 17 been actively engaged in a traineeship for a period of one year and has 18 completed a course of study set forth by the secretary. Such course of 19 study may be delivered by electronic means. 20 2. a. Any person seventeen years of age or older may apply to the 21 secretary for a license to practice nail specialty, waxing, natural hair 22 [styling] care and braiding, esthetics or cosmetology. 23 b. Each such application shall also be accompanied by satisfactory 24 evidence of having taken and passed the appropriate examination or exam- 25 inations offered by the secretary pursuant to this article for the 26 license sought and evidence of the successful completion of an approved 27 course of study in nail specialty, waxing, natural hair [styling] care 28 and braiding, esthetics or cosmetology in a school duly licensed pursu- 29 ant to the education law. 30 c. Any applicant for a license to practice nail specialty, waxing, 31 natural hair [styling] care and braiding, esthetics or cosmetology may 32 submit satisfactory evidence of licensure to practice an equivalent 33 occupation issued by any other state, territory, protectorate or depend- 34 ency of the United States or any other country in lieu of the evidence 35 of schooling and examination required by this subdivision, provided that 36 such license was granted in compliance with standards which were, in the 37 judgment of the secretary, not lower than those of this state and 38 provided that such state, territory, protectorate, dependency, or coun- 39 try extends similar reciprocity to the licensees of this state, or the 40 applicant practiced an equivalent occupation in such state, territory, 41 protectorate, dependency or country for a minimum of five years, or the 42 applicant is a member of the household of a member of the armed forces 43 of the United States, national guard or reserves and was a member of 44 such household before such member relocated to the state. 45 d. Notwithstanding the educational requirements of this section and 46 the testing requirements of this section, an applicant who otherwise has 47 met the licensing requirements of this article for a nail specialist, 48 waxer, natural hair [stylist] care and braiding specialist, esthetician 49 or cosmetologist who shall provide satisfactory evidence he or she has 50 been actively and continuously engaged in the practice of nail special- 51 ty, waxing, natural hair [styling] care and braiding, esthetics or 52 cosmetology for at least one year prior to the effective date of this 53 article, may be issued a license for nail specialty, waxing, natural 54 hair [styling] care and braiding, esthetics or cosmetology pursuant to 55 this article. Notwithstanding the educational and testing requirements 56 of this section, a person licensed to practice barbering under articleS. 8573 6 1 twenty-eight of this chapter who otherwise has met the licensing 2 requirements of this article may apply for a temporary natural hair care 3 and braiding license in order to study and take the natural hair care 4 and braiding written examination. Upon passing, such licensed barber 5 shall be issued a license to practice natural [hairstyling] hair care 6 and braiding. Other than applicants licensed under article twenty-eight 7 of this chapter, those persons who apply after a twelve month period 8 from the effective date of this article will be required to provide 9 evidence of training and to take the examination or examinations as 10 required for other licenses pursuant to this article. 11 e. Upon acceptance by the secretary of a proper application for an 12 operator's license to practice nail [speciality] specialty, waxing, 13 natural hair [styling] care and braiding, esthetics or cosmetology, the 14 secretary may issue a temporary operator's license which shall expire 15 six months from issuance. Upon good cause shown, the secretary may renew 16 a temporary operator's license for one additional six-month period upon 17 filing the appropriate application and fee. 18 3. Appearance enhancement business license. a. Any person, eighteen 19 years of age or older, or any firm, limited liability company, partner- 20 ship or corporation having at least one member eighteen years of age or 21 older may apply to the secretary for an appearance enhancement business 22 license. 23 b. Each such application for an appearance enhancement business 24 license shall be accompanied by evidence of a bond or liability insur- 25 ance. 26 4. a. Notwithstanding any provision contained in this article to the 27 contrary, if any person, eligible for any license pursuant to this arti- 28 cle, should be called to active military service at or during the time 29 application for any license is required to be filed and license fee 30 paid, pursuant to the provisions of this article, the period within 31 which said application may be filed and license fee may be paid, is 32 extended on behalf of such person, until three months after the termi- 33 nation of said military service. 34 b. In the case of persons who are called to active military service 35 and will be discharged from active military service, the period of two 36 years specified in paragraph d of subdivision two of this section need 37 not be continuous. The length of time such person was engaged in the 38 practice of nail specialty, waxing, natural hair [styling] care and 39 braiding, esthetics or cosmetology before entering active military 40 service may be added to any period of time during which such person was 41 or is engaged in the practice of nail specialty, waxing, natural hair 42 [styling] care and braiding, esthetics or cosmetology after the termi- 43 nation of active military service. 44 § 7. Subdivision 1 of section 407 of the general business law, as 45 amended by chapter 255 of the laws of 1999, is amended to read as 46 follows: 47 1. The examinations for the license to practice natural hair [styling] 48 care and braiding, esthetics, nail specialty and cosmetology shall be 49 practical and written. The examinations for the license to practice 50 waxing shall be limited to a written examination only. The secretary 51 shall determine reasonable standards of performance for each license and 52 shall evaluate the prospective applicants and applicants on the basis of 53 such standards. The objectives of the examinations shall be to insure 54 that prospective applicants and applicants have sufficient basic skills 55 to safeguard the health and safety of the public and to insure thatS. 8573 7 1 prospective applicants and applicants have attained adequate levels of 2 skill to competently engage in the activities authorized by the license. 3 § 8. The general business law is amended by adding a new section 408-c 4 to read as follows: 5 § 408-c. Natural hair care and braiding apprentice. 1. A natural hair 6 care and braid apprentice shall be a person pursuing in good faith a 7 course of study in the practice of natural hair care and braiding under 8 the tutelage, supervision, and direction of a natural hair care and 9 braiding licensee and who assists such licensee in such practice. A 10 business appearance enhancement licensed salon shall register with the 11 department of licensing to participate in such apprentice program. The 12 secretary of state shall promulgate rules and regulations regarding 13 salons and salon supervisors, for tutelage, guidelines and requirements 14 of natural hair care and braid instructors and textured hairstylist 15 instructors. The advisory committee established under this article shall 16 advise on such rules and regulations. 17 2. a. A certificate of registration as an apprentice shall be for a 18 period of two years and shall be renewable for an additional two years, 19 if necessary. 20 b. Each certificate of registration issued as provided in this section 21 shall be posted in some conspicuous place where such apprentice is actu- 22 ally engaged in the practice of natural hair care and braiding as an 23 apprentice. 24 3. A mandatory twenty-five hour online or in-person course of study 25 shall be required from an accredited school approved by the New York 26 state department of licensing in the areas of health and safety, science 27 and sanitary practices, and alopecia and scalp disorders. 28 4. Upon completion of the requirements of this section, the apprentice 29 shall be eligible to apply for a natural hair care and braiding license. 30 § 9. Subdivision 1 of section 409 of the general business law, as 31 amended by section 2 of part Y of chapter 60 of the laws of 2011, is 32 amended to read as follows: 33 1. The non-refundable fee for an application for a license to engage 34 in the practice of nail specialty, waxing, natural hair [styling] care 35 and braiding, esthetics or cosmetology, shall be forty dollars initially 36 and for each renewal thereof the fee shall be forty dollars; the fee for 37 a temporary license and each renewal shall be ten dollars. 38 § 10. Paragraph a of subdivision 2 of section 410 of the general busi- 39 ness law, as amended by chapter 80 of the laws of 2015, is amended to 40 read as follows: 41 a. The secretary may issue an order directing the cessation of any 42 activity related to nail specialty, waxing, natural hair [styling] care 43 and braiding, esthetics or cosmetology for which a license is required 44 by this article upon a determination that a person, partnership, limited 45 liability company or business corporation, engaging in the business or 46 occupation of, or holding himself, herself or itself out as or acted, 47 temporarily or otherwise, as a nail specialist, natural hair [stylist] 48 care and braiding specialist, esthetician or cosmetologist within this 49 state without a valid license being in effect. The secretary shall, 50 before making such determination and order, afford such person, partner- 51 ship, limited liability company or business corporation an opportunity 52 to be heard in person or by counsel in reference thereto in an adjudica- 53 tory proceeding held pursuant to section four hundred eleven of this 54 article as applicable.S. 8573 8 1 § 11. Subdivision 1 of section 412 of the general business law, as 2 amended by chapter 80 of the laws of 2015, is amended to read as 3 follows: 4 1. The practice of nail specialty, waxing, natural hair [styling] care 5 and braiding, esthetics or cosmetology without a license or while under 6 suspension or revocation, or in violation of an order directing the 7 cessation of unlicensed activity issued by the secretary pursuant to 8 section four hundred ten or four hundred eleven of this article, is a 9 violation and is subject to a civil penalty of up to five hundred 10 dollars for the first violation; one thousand dollars for a second such 11 violation; and two thousand five hundred dollars for a third violation 12 and any subsequent violation. 13 § 12. This act shall take effect on the sixtieth day after it shall 14 have become a law; provided, however, the amendments to section 404 of 15 the general business law made by section five of this act shall take 16 effect on the same date and in the same manner as section 3 of chapter 17 664 of the laws of 2023, takes effect.
