Bill Text: NY A02176 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes licensure for makeup artists.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-13 - held for consideration in economic development [A02176 Detail]
Download: New_York-2011-A02176-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2176 2011-2012 Regular Sessions I N A S S E M B L Y January 14, 2011 ___________ Introduced by M. of A. RABBITT -- read once and referred to the Commit- tee on Economic Development, Job Creation, Commerce and Industry AN ACT to amend the general business law, in relation to establishing licensure for makeup artists THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 3 of section 400 of the general business law, 2 as added by chapter 509 of the laws of 1992, is amended and a new subdi- 3 vision 11 is added to read as follows: 4 3. "Licensee" means a person licensed pursuant to this article to 5 engage in the practice of natural hair styling, esthetics, nail special- 6 ty or cosmetology, TO WORK AS A MAKEUP ARTIST or to operate an appear- 7 ance enhancement business in which such practice, as herein defined, is 8 provided to the public. 9 11. A "MAKEUP ARTIST" MEANS A PERSON WHO PROVIDES FOR A FEE, OR ANY 10 CONSIDERATION OR EXCHANGE, WHETHER DIRECT OR INDIRECT, SERVICES TO 11 ENHANCE, DISTORT OR CONCEAL HUMAN FEATURES WITH THE USE OF VARIOUS TECH- 12 NIQUES, SUCH AS FASHION MAKEUP, THEATRICAL MAKEUP, PROSTHETIC MAKEUP, 13 SPECIAL EFFECTS MAKEUP, AIRBRUSHING AND HIGH DEFINITION. 14 S 2. Subdivisions 1 and 3 of section 401 of the general business law, 15 as amended by chapter 341 of the laws of 1998, are amended to read as 16 follows: 17 1. No person shall engage in the practice of nail specialty, waxing, 18 natural hair styling, esthetics or cosmetology OR WORK AS A MAKEUP 19 ARTIST, as defined in section four hundred of this article, without 20 having received a license to engage in such practice in the manner 21 prescribed in this article. 22 3. A person licensed by any other state or country to practice nail 23 specialty, waxing, natural hair styling, esthetics or cosmetology OR TO 24 WORK AS A MAKEUP ARTIST shall be allowed to practice in New York state 25 for three months or less within any calendar year for the purpose of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03907-01-1 A. 2176 2 1 giving to, or receiving from, persons who are licensed under this arti- 2 cle training in current styles, techniques or materials, provided howev- 3 er, that no such unlicensed person may provide services to the public 4 for any fee, or other compensation, whether direct or indirect. 5 S 3. Section 404 of the general business law, as amended by chapter 6 341 of the laws of 1998, is amended to read as follows: 7 S 404. Rules and regulations. The secretary shall promulgate rules and 8 regulations which establish standards for practice and operation by 9 licensees under this article in order to ensure the health, safety and 10 welfare of the public. Such rules and regulations shall include, but not 11 be limited to, the sanitary conditions and procedures required to be 12 maintained, a minimum standard of training appropriate to the duties of 13 nail specialists, waxers, natural hair stylists, estheticians, [and] 14 cosmetologists and MAKEUP ARTISTS AND the provision of service by nail 15 specialists, waxers, natural hair stylists, estheticians [or], cosmetol- 16 ogists OR MAKEUP ARTISTS at remote locations other than the licensee's 17 home provided that such practitioner holds an appearance enhancement 18 business license to operate at a fixed location or is employed by the 19 holder of an appearance enhancement business license. Regulations 20 setting forth the educational requirements for nail specialists shall 21 include education in the area of causes of infection and bacteriology. 22 THE SECRETARY SHALL, IN CONSULTATION WITH THE ADVISORY COMMITTEE, 23 PROMULGATE RULES AND REGULATIONS WHICH ESTABLISH CURRICULUM REQUIREMENTS 24 FOR MAKEUP ARTISTS THAT SHALL NOT EXCEED THREE HUNDRED CREDIT HOURS. In 25 promulgating such rules and regulations the secretary shall consult with 26 the state education department, the advisory committee established 27 pursuant to this article, any other state agencies and private industry 28 representatives as may be appropriate in determining minimum training 29 requirements. 30 S 4. Paragraph a of subdivision 1 of section 406 of the general busi- 31 ness law, as amended by chapter 341 of the laws of 1998, is amended to 32 read as follows: 33 a. Any person intending to practice nail specialty, waxing, natural 34 hair styling, esthetics or cosmetology OR TO WORK AS A MAKEUP ARTIST as 35 defined in this article, or to own or operate an appearance enhancement 36 business, shall first make application to the secretary for a license 37 therefor. 38 S 5. Subdivision 1 of section 407 of the general business law, as 39 amended by chapter 255 of the laws of 1999, is amended to read as 40 follows: 41 1. The examinations for the license to practice natural hair styling, 42 esthetics, nail specialty and cosmetology OR TO WORK AS A MAKEUP ARTIST 43 shall be practical and written. The examinations for the license to 44 practice waxing shall be limited to a written examination only. The 45 secretary shall determine reasonable standards of performance for each 46 license and shall evaluate the prospective applicants and applicants on 47 the basis of such standards. The objectives of the examinations shall be 48 to insure that prospective applicants and applicants have sufficient 49 basic skills to safeguard the health and safety of the public and to 50 insure that prospective applicants and applicants have attained adequate 51 levels of skill to competently engage in the activities authorized by 52 the license. 53 S 6. Subdivision 1 of section 409 of the general business law, as 54 amended by chapter 341 of the laws of 1998, is amended to read as 55 follows: A. 2176 3 1 1. The non-refundable fee for an application for a license to engage 2 in the practice of nail specialty, waxing, natural hair styling, esthet- 3 ics or cosmetology OR TO WORK AS A MAKEUP ARTIST, shall be twenty 4 dollars initially and for each renewal thereof the fee shall be twenty 5 dollars; the fee for a temporary license and each renewal shall be ten 6 dollars. 7 S 7. Section 412 of the general business law, as amended by chapter 8 341 of the laws of 1998, is amended to read as follows: 9 S 412. Civil penalties. The practice of nail specialty, waxing, 10 natural hair styling, esthetics or cosmetology, EMPLOYMENT AS A MAKEUP 11 ARTIST or the operation of an appearance enhancement business without a 12 license or while under suspension or revocation, or in violation of an 13 order directing the cessation of unlicensed activity issued by the 14 secretary pursuant to section four hundred eleven of this article, is a 15 violation and is subject to a civil penalty of up to five hundred 16 dollars for the first violation; one thousand dollars for a second such 17 violation; and two thousand five hundred dollars for a third violation 18 and any subsequent violation. 19 S 8. This act shall take effect immediately.