Bill Text: NY A08624 | 2023-2024 | General Assembly | Amended
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 1-0)
Status: (Introduced) 2024-05-20 - print number 8624b [A08624 Detail]
Download: New_York-2023-A08624-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8624--B IN ASSEMBLY January 12, 2024 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Economic Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13808-07-4A. 8624--B 2 1 ping, weaving, extending, locking, palm rolling or braiding the hair or 2 beard by either hand or mechanical [appliances] equipment, including 3 using clips, combs, crochet needles, latch-hook tools, interlocking 4 tools, sewing blunt-tipped and curve needles, beading pliers, curlers, 5 rods, rollers, hairpins, scissors, thread and yarn for styling natural 6 textured hair or braids on all ranges of hair types and textures. 7 b. Such practice shall not include cutting, shaving or trimming 8 natural hair except that such activities are permissible to the extent 9 that such activities are incidental to the practice of minor hair shap- 10 ing or trimming of naturally textured hair after the installation and 11 finishing of braid hair extensions, natural hair styling, and natural 12 hair braiding. 13 c. Such practice shall not include the application of dyes, reactive 14 chemicals, or other preparations to alter the color or to straighten, 15 curl, or permanently alter the structure of the hair with chemicals or 16 heat. Techniques which result in tension on hair roots such as certain 17 types of braiding, weaving, wrapping, locking and extending of the hair 18 may only be performed by a natural hair [styling] care and braiding 19 licensee or cosmetology licensee who has successfully completed an 20 approved course of study in such techniques. 21 § 3. Section 400 of the general business law is amended by adding nine 22 new subdivisions 5-a, 5-b, 5-c, 5-d, 5-e, 5-f, 5-g, 5-h, and 5-i to read 23 as follows: 24 5-a. "Natural hair" means all virgin hair types and textures that have 25 not been exposed to any chemicals or heat styling that may alter the 26 natural curl, coil or wave patterns of the hair. 27 5-b. "Natural hair care" means the maintenance and overall care 28 performed by a natural hair care specialist dedicated to the health and 29 wellness of one's hair and scalp through proper tension techniques and 30 without the use of chemicals or the alteration of the structure of the 31 hair. 32 5-c. "Textured hair" means textured hair types, including curly, 33 coily, tight coily, afro coily, straight and wavey, including, but not 34 limited to, various curly, coily, wavy or wiry patterns, combinations 35 and configurations, hair strands, thickness, and volumes of hair. 36 5-d. "Textured styles" or "textured hair styling" means a design 37 created on natural hair that incorporates varying patterns to create 38 depth, dimension and visual texture using specific styling practices and 39 techniques for hair care of all hair types and textures performed by a 40 textured hairstylist or specialist, including arranging, dressing, curly 41 and coily styling, comb coiling, finger coiling, double strand twisting, 42 flat-twisting or the use of curlers, rods, rollers/hair pins including 43 the preparation of the foundation of the hair through wellness practices 44 in order to preserve the health of the hair with clean, botanical and 45 sustainable beauty products which include clarifying and moisturizing 46 shampoos, leave-in conditioners, steam hydration conditioning, hydration 47 and protein strengthening treatments, and herbal/botanical rinses; and 48 topical agents such as gels and gelee, hairspray, foams, mousse, molding 49 muds, moisturizers, oils, pomades, in conjunction with performing the 50 practice of natural hair care and braiding. Such styling shall include 51 the use of blow dryers and diffusers for the purpose of drying natural 52 textured styles with indirect heat. 53 5-e. "Braid" means the interlacing of three or more strands of hair, 54 and can be worn in a variety of styles, including cornrows, twists, 55 locs, and box braids with or without added hair fibers.A. 8624--B 3 1 5-f. "Braiding" means the styling practices and techniques performed 2 by a braid specialist who styles all hair types and textures which 3 includes the use of natural human hair or synthetic hair 4 extension/fibers, natural human hair and synthetic blended fibers, deco- 5 rative beads, and other hair adornments. Minor hair shaping or trimming 6 of naturally textured hair or hair extensions necessary for finishing 7 braid hair extensions may occur. Braiding types and techniques can 8 include, but are not limited to, individual box braids, knotless/feed-in 9 braids, cornrows, stitch cornrows, casamas, plaits, Bantu Knots, or 10 Senegalese Twists. 11 5-g. "African braiding" refers to the cultural reference of tradi- 12 tional techniques of naturally braiding and cornrowing hair, originating 13 from African communities within the African diaspora. 14 5-h. "Locking" or "loc extensions" includes, but is not limited to, 15 wrapping the hair, palm rolling techniques, grooming, interlocking, 16 crochet locking, micro/locking including the preparation of the founda- 17 tion of the hair through wellness practices in order to preserve the 18 health of the hair with clean, botanical and sustainable beauty products 19 which include clarifying and moisturizing shampoos, leave-in condition- 20 ers, and steam hydration conditioning treatments, hydration and moistur- 21 izing techniques, protein strengthening treatments, and herbal/botanical 22 rinses; and topical agents such as gels and gelee, hairspray, foams, 23 mousse, molding muds, moisturizers, oils, pomades, in conjunction with 24 performing the practice of natural hair care and braiding. 25 5-i. "Weaving" and "extensions" means extending natural textured hair 26 with the addition of braids, locs or additional textured hair with human 27 hair, synthetic fibers, and hair extension; the making of wigs from 28 human hair, synthetic fibers, and hair extensions including the prepara- 29 tion of the foundation of the hair through wellness practices in order 30 to preserve the health of the hair with clean, botanical and sustainable 31 beauty products which include clarifying and moisturizing shampoos, 32 leave-in conditioners, and steam hydration conditioning treatments, 33 hydration and moisturizing techniques, protein strengthening treatments, 34 and herbal/botanical rinses; and topical agents such as gels and gelee, 35 hairspray, foams, mousse, molding muds, moisturizers, oils, pomades, in 36 conjunction with performing the practice of natural hair care and braid- 37 ing. 38 § 4. Subdivisions 1 and 3 of section 401 of the general business law, 39 subdivision 1 as amended by chapter 80 of the laws of 2015 and subdivi- 40 sion 3 as amended by chapter 341 of the laws of 1998, are amended and a 41 new subdivision 4 is added to read as follows: 42 1. No person shall engage in the practice of nail specialty, waxing, 43 natural hair [styling] care and braiding, esthetics or cosmetology, as 44 defined in section four hundred of this article, without having received 45 a license to engage in such practice in the manner prescribed in this 46 article. No person shall act as a trainee or perform any service as such 47 unless he or she has obtained a certificate of registration pursuant to 48 this article. 49 3. A person licensed by any other state or country to practice nail 50 specialty, waxing, natural hair [styling] care and braiding, esthetics 51 or cosmetology shall be allowed to practice in New York state for three 52 months or less within any calendar year for the purpose of giving to, or 53 receiving from, persons who are licensed under this article training in 54 current styles, techniques or materials, provided however, that no such 55 unlicensed person may provide services to the public for any fee, or 56 other compensation, whether direct or indirect.A. 8624--B 4 1 4. Notwithstanding the provisions of this section, an unlicensed 2 person practicing natural hair care and braiding in the state of New 3 York or any other state or country for at least five years shall be 4 permitted to apply for a license in New York state. Such applicants 5 shall be issued a temporary license after providing evidence of such 6 required work experience in a form approved by the department. Such 7 applicants shall be required to fulfill all requirements under subdivi- 8 sion three of section four hundred-eight-c of this article prior to 9 being licensed. The secretary of state shall promulgate rules and regu- 10 lations with input from the advisory committee established under section 11 four hundred three of this article to ensure such licensing. 12 § 5. Section 404 of the general business law, as amended by chapter 13 664 of the laws of 2023, is amended to read as follows: 14 § 404. Rules and regulations. The secretary shall promulgate rules and 15 regulations which establish standards for practice and operation by 16 licensees and trainees under this article in order to ensure the health, 17 safety and welfare of the public including licensees and trainees when 18 they are working within such establishments. Such rules and regulations 19 shall include, but not be limited to, the sanitary conditions and proce- 20 dures required to be maintained, a minimum standard of training appro- 21 priate to the duties of nail specialists, trainees, waxers, natural hair 22 [stylists] care and braiding specialists, estheticians, and cosmetolo- 23 gists and the provision of service by nail specialists, trainees, 24 waxers, natural hair [stylists] care and braiding specialists, estheti- 25 cians or cosmetologists at remote locations other than the licensee's 26 home provided that such practitioner holds an appearance enhancement 27 business license to operate at a fixed location or is employed by the 28 holder of an appearance enhancement business license. Regulations 29 setting forth the educational requirements for nail specialists and 30 trainees shall include education in the area of causes of infection and 31 bacteriology. Regulations setting forth the educational requirements for 32 cosmetologists [or], natural hair [stylists] care and braiding special- 33 ists and natural hair care and braiding apprentices shall include educa- 34 tion regarding the provision of services to individuals with all hair 35 types and textures, including, but not limited to, various curl, coil or 36 wave patterns, hair strand thicknesses, and volumes of hair. Addi- 37 tionally, such regulations for natural hair care and braiding special- 38 ists and natural hair care and braiding apprentices shall include educa- 39 tion in the area of natural hair care and braid techniques, cause of 40 infection and bacteriology, alopecia and scalp disorders and diseases, 41 salon health and safety protocols and the science of sanitary practices. 42 In promulgating such rules and regulations the secretary shall consult 43 with the state education department, the advisory committee established 44 pursuant to this article, any other state agencies and private industry 45 representatives from beauty schools and academies as may be appropriate 46 in determining minimum training requirements. 47 § 6. Section 406 of the general business law, as added by chapter 509 48 of the laws of 1992, subdivisions 1, 2 and 4 as amended by chapter 341 49 of the laws of 1998, paragraph e of subdivision 1 as amended by chapter 50 376 of the laws of 2015, paragraph f of subdivision 1 as added by chap- 51 ter 80 of the laws of 2015, paragraph c of subdivision 2 as amended by 52 section 3 of part D of chapter 328 of the laws of 2014 and paragraph a 53 of subdivision 3 as amended by chapter 324 of the laws of 1998, is 54 amended to read as follows: 55 § 406. License application; procedure; requirements; temporary 56 license. 1. a. Any person intending to practice nail specialty, waxing,A. 8624--B 5 1 natural hair [styling] care and braiding, esthetics or cosmetology as 2 defined in this article, or to own or operate an appearance enhancement 3 business, shall first make application to the secretary for a license 4 therefor. 5 b. Such application shall be in a form and manner prescribed by the 6 secretary and shall contain such information as, in the secretary's 7 judgment, is reasonable and necessary to determine the qualifications 8 and fitness for licensing of the applicant. 9 c. The application shall be subscribed by the applicant and affirmed 10 under penalty of perjury. 11 d. Each application shall be accompanied by the appropriate fee as 12 prescribed by this article. 13 e. Each application shall be accompanied by a certificate of a duly 14 licensed physician, or nurse practitioner to the extent authorized by 15 law and consistent with subdivision three of section six thousand nine 16 hundred two of the education law on a form prescribed by the secretary, 17 showing freedom from any infectious or communicable disease which 18 certificate shall have been issued within thirty days prior to the date 19 of the filing of the application. 20 f. Notwithstanding the educational requirements of this section, a 21 trainee may obtain a license to practice nail specialty if such trainee 22 provides satisfactory evidence to the secretary that such trainee has 23 been actively engaged in a traineeship for a period of one year and has 24 completed a course of study set forth by the secretary. Such course of 25 study may be delivered by electronic means. 26 2. a. Any person seventeen years of age or older may apply to the 27 secretary for a license to practice nail specialty, waxing, natural hair 28 [styling] care and braiding, esthetics or cosmetology. 29 b. Each such application shall also be accompanied by satisfactory 30 evidence of having taken and passed the appropriate examination or exam- 31 inations offered by the secretary pursuant to this article for the 32 license sought and evidence of the successful completion of an approved 33 course of study in nail specialty, waxing, natural hair [styling] care 34 and braiding, esthetics or cosmetology in a school duly licensed pursu- 35 ant to the education law. 36 c. Any applicant for a license to practice nail specialty, waxing, 37 natural hair [styling] care and braiding, esthetics or cosmetology may 38 submit satisfactory evidence of licensure to practice an equivalent 39 occupation issued by any other state, territory, protectorate or depend- 40 ency of the United States or any other country in lieu of the evidence 41 of schooling and examination required by this subdivision, provided that 42 such license was granted in compliance with standards which were, in the 43 judgment of the secretary, not lower than those of this state and 44 provided that such state, territory, protectorate, dependency, or coun- 45 try extends similar reciprocity to the licensees of this state, or the 46 applicant practiced an equivalent occupation in such state, territory, 47 protectorate, dependency or country for a minimum of five years, or the 48 applicant is a member of the household of a member of the armed forces 49 of the United States, national guard or reserves and was a member of 50 such household before such member relocated to the state. 51 d. Notwithstanding the educational requirements of this section and 52 the testing requirements of this section, an applicant who otherwise has 53 met the licensing requirements of this article for a nail specialist, 54 waxer, natural hair [stylist] care and braiding specialist, esthetician 55 or cosmetologist who shall provide satisfactory evidence he or she has 56 been actively and continuously engaged in the practice of nail special-A. 8624--B 6 1 ty, waxing, natural hair [styling] care and braiding, esthetics or 2 cosmetology for at least one year prior to the effective date of this 3 article, may be issued a license for nail specialty, waxing, natural 4 hair [styling] care and braiding, esthetics or cosmetology pursuant to 5 this article. Notwithstanding the educational and testing requirements 6 of this section, a person licensed to practice barbering under article 7 twenty-eight of this chapter who otherwise has met the licensing 8 requirements of this article may apply for a temporary natural hair care 9 and braiding license in order to study and take the natural hair care 10 and braiding written examination. Upon passing, such licensed barber 11 shall be issued a license to practice natural [hairstyling] hair care 12 and braiding. Other than applicants licensed under article twenty-eight 13 of this chapter, those persons who apply after a twelve month period 14 from the effective date of this article will be required to provide 15 evidence of training and to take the examination or examinations as 16 required for other licenses pursuant to this article. 17 e. Upon acceptance by the secretary of a proper application for an 18 operator's license to practice nail [speciality] specialty, waxing, 19 natural hair [styling] care and braiding, esthetics or cosmetology, the 20 secretary may issue a temporary operator's license which shall expire 21 six months from issuance. Upon good cause shown, the secretary may renew 22 a temporary operator's license for one additional six-month period upon 23 filing the appropriate application and fee. 24 3. Appearance enhancement business license. a. Any person, eighteen 25 years of age or older, or any firm, limited liability company, partner- 26 ship or corporation having at least one member eighteen years of age or 27 older may apply to the secretary for an appearance enhancement business 28 license. 29 b. Each such application for an appearance enhancement business 30 license shall be accompanied by evidence of a bond or liability insur- 31 ance. 32 4. a. Notwithstanding any provision contained in this article to the 33 contrary, if any person, eligible for any license pursuant to this arti- 34 cle, should be called to active military service at or during the time 35 application for any license is required to be filed and license fee 36 paid, pursuant to the provisions of this article, the period within 37 which said application may be filed and license fee may be paid, is 38 extended on behalf of such person, until three months after the termi- 39 nation of said military service. 40 b. In the case of persons who are called to active military service 41 and will be discharged from active military service, the period of two 42 years specified in paragraph d of subdivision two of this section need 43 not be continuous. The length of time such person was engaged in the 44 practice of nail specialty, waxing, natural hair [styling] care and 45 braiding, esthetics or cosmetology before entering active military 46 service may be added to any period of time during which such person was 47 or is engaged in the practice of nail specialty, waxing, natural hair 48 [styling] care and braiding, esthetics or cosmetology after the termi- 49 nation of active military service. 50 § 7. Subdivision 1 of section 407 of the general business law, as 51 amended by chapter 255 of the laws of 1999, is amended to read as 52 follows: 53 1. The examinations for the license to practice natural hair [styling] 54 care and braiding, esthetics, nail specialty and cosmetology shall be 55 practical and written. The examinations for the license to practice 56 waxing shall be limited to a written examination only. The secretaryA. 8624--B 7 1 shall determine reasonable standards of performance for each license and 2 shall evaluate the prospective applicants and applicants on the basis of 3 such standards. The objectives of the examinations shall be to insure 4 that prospective applicants and applicants have sufficient basic skills 5 to safeguard the health and safety of the public and to insure that 6 prospective applicants and applicants have attained adequate levels of 7 skill to competently engage in the activities authorized by the license. 8 § 8. The general business law is amended by adding a new section 408-c 9 to read as follows: 10 § 408-c. Natural hair care and braiding apprentice. 1. A natural hair 11 care and braid apprentice shall be a beginner and non-professional 12 person seventeen years of age or older that wants to enter the natural 13 hair care and braiding industry. Such person shall be pursuing in good 14 faith a one-year hands-on paid work study apprenticeship program in the 15 practice of natural hair care and braiding under the tutelage, super- 16 vision, and direction of a natural hair care and braiding licensee and 17 who assists such licensee in such practice. A business appearance 18 enhancement licensed salon shall register with the department of licens- 19 ing to participate in such apprentice program. The secretary of state 20 shall promulgate rules and regulations regarding salons and salon super- 21 visors, for tutelage, guidelines and requirements of natural hair care 22 and braid instructors and textured hairstylist instructors. The advisory 23 committee established under this article shall advise on such rules and 24 regulations. 25 2. a. An apprentice shall register with the department of licensing 26 for a one-year natural hair care and braiding apprentice license. Such 27 license shall be renewable for an additional two years, if necessary. 28 b. Each apprentice license issued as provided in this section shall be 29 posted in some conspicuous place where such apprentice is actually 30 engaged in the practice of natural hair care and braiding as an appren- 31 tice. 32 3. A mandatory twenty-five hour online, in-person or hybrid course of 33 study shall be required in conjunction with this apprenticeship program 34 from an accredited school approved by the New York state department of 35 licensing in the areas of health and safety, science and sanitary prac- 36 tices, and alopecia and scalp disorders. 37 4. Upon completion of the requirements of this section, the apprentice 38 shall be eligible to apply to take a New York state natural hair care 39 and braiding practical examination. Upon passing such New York state 40 practical examination, such apprentice shall receive a natural hair care 41 and braiding license. 42 § 9. Subdivision 1 of section 409 of the general business law, as 43 amended by section 2 of part Y of chapter 60 of the laws of 2011, is 44 amended to read as follows: 45 1. The non-refundable fee for an application for a license to engage 46 in the practice of nail specialty, waxing, natural hair [styling] care 47 and braiding, esthetics or cosmetology, shall be forty dollars initially 48 and for each renewal thereof the fee shall be forty dollars; the fee for 49 a temporary license and each renewal shall be ten dollars. 50 § 10. Paragraph a of subdivision 2 of section 410 of the general busi- 51 ness law, as amended by chapter 80 of the laws of 2015, is amended to 52 read as follows: 53 a. The secretary may issue an order directing the cessation of any 54 activity related to nail specialty, waxing, natural hair [styling] care 55 and braiding, esthetics or cosmetology for which a license is required 56 by this article upon a determination that a person, partnership, limitedA. 8624--B 8 1 liability company or business corporation, engaging in the business or 2 occupation of, or holding himself, herself or itself out as or acted, 3 temporarily or otherwise, as a nail specialist, natural hair [stylist] 4 care and braiding specialist, esthetician or cosmetologist within this 5 state without a valid license being in effect. The secretary shall, 6 before making such determination and order, afford such person, partner- 7 ship, limited liability company or business corporation an opportunity 8 to be heard in person or by counsel in reference thereto in an adjudica- 9 tory proceeding held pursuant to section four hundred eleven of this 10 article as applicable. 11 § 11. Subdivision 1 of section 412 of the general business law, as 12 amended by chapter 80 of the laws of 2015, is amended to read as 13 follows: 14 1. The practice of nail specialty, waxing, natural hair [styling] care 15 and braiding, esthetics or cosmetology without a license or while under 16 suspension or revocation, or in violation of an order directing the 17 cessation of unlicensed activity issued by the secretary pursuant to 18 section four hundred ten or four hundred eleven of this article, is a 19 violation and is subject to a civil penalty of up to five hundred 20 dollars for the first violation; one thousand dollars for a second such 21 violation; and two thousand five hundred dollars for a third violation 22 and any subsequent violation. 23 § 12. This act shall take effect on the sixtieth day after it shall 24 have become a law.
