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