Bill Text: NY A05508 | 2011-2012 | General Assembly | Introduced
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 4-0)
Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A05508 Detail]
Download: New_York-2011-A05508-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5508 2011-2012 Regular Sessions I N A S S E M B L Y February 22, 2011 ___________ Introduced by M. of A. TOWNS -- read once and referred to the Committee on Economic Development 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 16 THROUGH SCHOOLS OF INFECTION CONTROL, LICENSED BY THE DEPARTMENT OF 17 EDUCATION. UPON SUCCESSFUL COMPLETION OF THE COURSE OF STUDY AS 18 DESCRIBED IN THIS SECTION, SUCH SCHOOL SHALL GENERATE A COURSE 19 COMPLETION CERTIFICATE NUMBER THAT SHALL CONSTITUTE PROOF THAT THE 20 APPLICANT HAS SUCCESSFULLY COMPLETED A COURSE OF STUDY IN INFECTION 21 CONTROL AS DESCRIBED IN THIS SECTION. IN ADDITION, ANY APPEARANCE 22 ENHANCEMENT SCHOOLS IN NEW YORK STATE, MAY OBTAIN A NEW YORK STATE 23 APPROVED CURRICULUM, OR COURSEWORK, TO BECOME AN APPROVED PROVIDER AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05981-01-1 A. 5508 2 1 MAY DO SO IN CONJUNCTION WITH AN APPROVED SCHOOL OF INFECTION CONTROL. 2 IN ORDER TO BE ELIGIBLE TO OFFER SUCH CURRICULUM OR COURSEWORK, THE 3 APPEARANCE ENHANCEMENT SCHOOL SHALL APPLY TO THE DEPARTMENT OF EDUCATION 4 FOR APPROVAL. THE COURSE OF STUDY MAY BE PROVIDED EITHER AT THE SCHOOL'S 5 PREMISES OR BY LONG DISTANCE METHODS OF INSTRUCTION AND TESTING INCLUD- 6 ING BUT NOT LIMITED TO, SELF-PACED HOME STUDY CORRESPONDENCE COURSES OR 7 THROUGH ONLINE COURSES. FOR THE PURPOSES OF THIS SECTION, THE TERM 8 "SCHOOL OF INFECTION CONTROL" SHALL MEAN A SCHOOL THAT HAS BEEN DEVEL- 9 OPED AND APPROVED BY THE DEPARTMENT OF EDUCATION FOR THE PURPOSE OF 10 DEVELOPING AND OFFERING COURSES PROVIDING EDUCATION IN THE FIELD OF 11 TRANSMISSION OF INFECTION AND CONTAGIOUS DISEASES, INCLUDING THE PROPER 12 METHODS OF SANITATION AND STERILIZATION TO BE PRACTICED, ESPECIALLY AS 13 THEY RELATE TO TOOLS, INSTRUMENTS AND EQUIPMENT, IN THE PROFESSIONS OF 14 WAXING, COSMETOLOGY, NAIL SPECIALTY, ESTHETICS OR NATURAL HAIRSTYLING. 15 S 2. Subdivision 1 of section 406 of the general business law is 16 amended by adding five new paragraphs f, g, h, i and j to read as 17 follows: 18 F. EACH APPLICATION FOR THE ISSUANCE OR RENEWAL OF AN APPEARANCE 19 ENHANCEMENT BUSINESS LICENSE OR A LICENSE TO PRACTICE WAXING, COSMETOLO- 20 GY, NAIL SPECIALTY, ESTHETICS OR NATURAL HAIRSTYLING SHALL INDICATE, BY 21 SELF-CERTIFICATION USING THE COURSE COMPLETION CERTIFICATE NUMBER, THAT 22 THE APPLICANT HAS SUCCESSFULLY COMPLETED THE PRESCRIBED COURSE OF STUDY, 23 FROM A SCHOOL OR PROGRAM, AS DESCRIBED IN SECTION FOUR HUNDRED FIVE-A OF 24 THIS ARTICLE, CONCERNING THE PREVENTION OF THE TRANSMISSION OF INFECTION 25 AND CONTAGIOUS DISEASES, AND THE PROPER METHODS OF SANITATION AND STERI- 26 LIZATION. 27 G. ANY SCHOOL OF INFECTION CONTROL OR ANY APPEARANCE ENHANCEMENT 28 SCHOOL THAT IS APPROVED BY THE DEPARTMENT OF EDUCATION, UNDER THIS ARTI- 29 CLE, SHALL BE ANNUALLY ASSESSED BASED ON THE PRIOR YEAR OF THEIR FINAN- 30 CIAL STATEMENTS, BY THE SECRETARY OF STATE. A PERCENTAGE OF THEIR GROSS 31 TUITION SHALL BE DEPOSITED INTO THE BUSINESS AND LICENSING ACCOUNT AS 32 DETERMINED BY THE ANNUAL FINANCIAL STATEMENT OR ANNUAL AUDITED FINANCIAL 33 STATEMENT. SUCH FUNDS SHALL BE TRANSFERRED TO THE GENERAL FUND IN EQUAL 34 QUARTERLY INSTALLMENTS WHICH SHALL BE DUE ON APRIL FIRST, JULY FIRST, 35 OCTOBER FIRST AND JANUARY FIRST. 36 H. (I) BEGINNING OCTOBER FIRST, TWO THOUSAND TWELVE, SUCH ANNUALIZED 37 ASSESSMENT SHALL BE SIX PERCENT. 38 (II) BEGINNING APRIL FIRST, TWO THOUSAND THIRTEEN, SUCH ANNUALIZED 39 ASSESSMENT SHALL BE FIVE PERCENT. 40 (III) BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN, SUCH ANNUALIZED 41 ASSESSMENT SHALL BE FOUR PERCENT. 42 (IV) BEGINNING APRIL FIRST, TWO THOUSAND FIFTEEN, AND IN EACH SUCCEED- 43 ING YEAR, SUCH ANNUALIZED ASSESSMENT SHALL BE THREE PERCENT. THE SECRE- 44 TARY OF STATE SHALL APPROPRIATE THE FUNDS DECLARED HEREIN TOWARDS THE 45 IMPLEMENTATION AND ENFORCEMENT OF THIS SECTION. 46 I. FOLLOWING THE CLOSE OF EACH FISCAL YEAR, THE SECRETARY OF STATE, IN 47 CONSULTATION WITH THE DIRECTOR OF THE BUDGET, SHALL DETERMINE IF THE 48 BALANCE IN THE BUSINESS AND LICENSING ACCOUNT HAS EXCEEDED THE AMOUNT 49 REQUIRED FOR THE IMPLEMENTATION AND ENFORCEMENT OF THIS SECTION, IT 50 SHOULD BE TAKEN INTO ACCOUNT FOR PROJECTED REVENUES AND EXPENDITURES FOR 51 THE SUBSEQUENT FISCAL YEAR. TO THE EXTENT THAT A SURPLUS IS IDENTIFIED, 52 THE SECRETARY OF STATE, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, 53 SHALL DIRECT THE TRANSFER OF SUCH SURPLUS TO THE GENERAL FUND. 54 J. LATE PAYMENTS MAY RESULT IN SUSPENSION OF LICENSURE BY THE SECRE- 55 TARY OF STATE. PAYMENTS REQUIRED BY THIS SUBDIVISION SHALL BE CONSIDERED 56 A CONDITION OF LICENSURE OR REGISTRATION. A. 5508 3 1 S 3. Subdivision 6 of section 408 of the general business law, as 2 added by chapter 509 of the laws of 1992, is amended to read as follows: 3 6. Any license, which has not been suspended or revoked, may, upon the 4 payment of the renewal fee, be renewed for additional periods of two 5 years [from its application], without further examination, upon the 6 filing of an application for such renewal, on a form to be prescribed by 7 the secretary. 8 S 4. This act shall take effect on the sixtieth day after it shall 9 have become a law.