Bill Text: NY S03607 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to licensing laser hair removal technicians; establishes laser hair removal rules, regulations and standards.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-03-27 - referred to economic development [S03607 Detail]
Download: New_York-2023-S03607-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3607 2023-2024 Regular Sessions IN SENATE February 1, 2023 ___________ 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 licensing of laser hair removal technicians The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 400 of the general business law is amended by 2 adding two new subdivisions 12 and 13 to read as follows: 3 12. The practice of "laser hair removal" means the use of a laser or 4 pulsed light device in a hair removal procedure that does not remove the 5 epidermis. 6 13. "Laser hair removal technician" means a person licensed by the 7 secretary who practices laser hair removal as defined in subdivision 8 twelve of this section. 9 § 2. Subdivisions 1 and 3 of section 401 of the general business law, 10 subdivision 1 as amended by chapter 80 of the laws of 2015 and subdivi- 11 sion 3 as amended by chapter 341 of the laws of 1998, are amended to 12 read as follows: 13 1. No person shall engage in the practice of nail specialty, waxing, 14 natural hair styling, esthetics [or], cosmetology or laser hair removal, 15 as defined in section four hundred of this article, without having 16 received a license to engage in such practice in the manner prescribed 17 in this article. No person shall act as a trainee or perform any service 18 as such unless he or she has obtained a certificate of registration 19 pursuant to this article. 20 3. A person licensed by any other state or country to practice nail 21 specialty, waxing, natural hair styling, esthetics [or], cosmetology or 22 laser hair removal shall be allowed to practice in New York state for 23 three months or less within any calendar year for the purpose of giving 24 to, or receiving from, persons who are licensed under this article 25 training in current styles, techniques or materials, provided however, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05259-01-3S. 3607 2 1 that no such unlicensed person may provide services to the public for 2 any fee, or other compensation, whether direct or indirect. 3 § 3. Subdivision 1 of section 403 of the general business law, as 4 amended by chapter 339 of the laws of 2017, is amended to read as 5 follows: 6 1. There shall be established within the department an advisory 7 committee which shall consist of [nine] ten members broadly represen- 8 tative of the appearance enhancement industry; including one person 9 engaged in the practice of either nail specialty or waxing; two persons 10 engaged in natural hair styling; one of whom shall be knowledgeable in 11 the practice of styling techniques which place tension on the hair 12 roots, and one of whom shall ensure strict adherence to quality services 13 for all clients of all hair types, including, but not limited to, curl 14 pattern, hair strand thickness, and volume of hair; one person engaged 15 in esthetics; one person engaged in laser hair removal; two persons 16 engaged in cosmetology; two persons engaged in training of persons for 17 such practices and one person licensed as a dermatologist. The secretary 18 shall appoint such persons to serve on the advisory committee, provided, 19 that two shall be appointed by the secretary on the recommendation of 20 the temporary president of the senate and two shall be appointed by the 21 secretary on the recommendation of the speaker of the assembly. Each 22 member of the committee shall be appointed for terms of two years. Any 23 member may be reappointed for additional terms. The secretary shall 24 designate from among the members of the committee a chairperson who 25 shall serve at the pleasure of the secretary. 26 § 4. Section 404 of the general business law, as amended by chapter 80 27 of the laws of 2015, is amended to read as follows: 28 § 404. Rules and regulations. The secretary shall promulgate rules and 29 regulations which establish standards for practice and operation by 30 licensees and trainees under this article in order to ensure the health, 31 safety and welfare of the public including licensees and trainees when 32 they are working within such establishments. Such rules and regulations 33 shall include, but not be limited to, the sanitary conditions and proce- 34 dures required to be maintained, a minimum standard of training appro- 35 priate to the duties of nail specialists, trainees, waxers, natural hair 36 stylists, estheticians, [and], cosmetologists, and laser hair removal 37 technicians and the provision of service by nail specialists, trainees, 38 waxers, natural hair stylists, estheticians [or], cosmetologists or 39 laser hair removal technicians at remote locations other than the 40 licensee's home provided that such practitioner holds an appearance 41 enhancement business license to operate at a fixed location or is 42 employed by the holder of an appearance enhancement business license. 43 Regulations setting forth the educational requirements for nail special- 44 ists and trainees shall include education in the area of causes of 45 infection and bacteriology. Regulations related to the practice and 46 operation of licensed laser hair removal technicians shall include the 47 standards set forth in section four hundred four-d of this article. In 48 promulgating such rules and regulations the secretary shall consult with 49 the state education department, the advisory committee established 50 pursuant to this article, any other state agencies and private industry 51 representatives as may be appropriate in determining minimum training 52 requirements. 53 § 5. The general business law is amended by adding a new section 404-d 54 to read as follows: 55 § 404-d. Laser hair removal rules and regulations. 1. The secretary 56 shall, in consultation with the appearance enhancement advisory commit-S. 3607 3 1 tee provided for in section four hundred three of this article, promul- 2 gate rules and regulations which establish standards for the practice 3 and operation of licensed laser hair removal technicians in order to 4 ensure the health, safety and welfare of the public including licensees 5 and trainees when they are working in such establishments. Such rules 6 and regulations shall be promulgated in accordance with section four 7 hundred four of this article and shall include, but not be limited to: 8 the identification of a state approved curriculum for licensees; the 9 implementation of a registration fee for laser hair removal establish- 10 ments; a minimum age requirement for laser hair removal technicians; the 11 minimum number of hours of training a trainee must receive from a state 12 approved curriculum; training requirements specifying the minimum number 13 of procedures, specific to each part of the body, to be performed on 14 volunteers; and continued certification by a nationally accredited 15 organization acceptable to the department. 16 2. The department may, at its discretion, waive training and curric- 17 ulum requirements for currently employed licensed estheticians perform- 18 ing laser hair removal provided that the licensed esthetician satisfac- 19 torily completes the competency examination approved by the department. 20 3. The secretary shall require establishments providing laser hair 21 removal to maintain a maintenance of a minimum of one million dollars in 22 liability insurance. 23 § 6. Paragraph a of subdivision 1 of section 406 of the general busi- 24 ness law, as amended by chapter 341 of the laws of 1998, is amended to 25 read as follows: 26 a. Any person intending to practice nail specialty, waxing, natural 27 hair styling, esthetics [or], cosmetology or laser hair removal as 28 defined in this article, or to own or operate an appearance enhancement 29 business, shall first make application to the secretary for a license 30 therefor. 31 § 7. Subdivision 2 of section 406 of the general business law, as 32 amended by chapter 341 of the laws of 1998 and paragraph c as amended by 33 section 3 of part D of chapter 328 of the laws of 2014, is amended to 34 read as follows: 35 2. a. Any person seventeen years of age or older may apply to the 36 secretary for a license to practice nail specialty, waxing, natural hair 37 styling, esthetics or cosmetology. 38 b. Each such application shall also be accompanied by satisfactory 39 evidence of having taken and passed the appropriate examination or exam- 40 inations offered by the secretary pursuant to this article for the 41 license sought and evidence of the successful completion of an approved 42 course of study in nail specialty, waxing, natural hair styling, esthet- 43 ics [or], cosmetology or laser hair removal in a school duly licensed 44 pursuant to the education law. 45 c. Any applicant for a license to practice nail specialty, waxing, 46 natural hair styling, esthetics [or], cosmetology or laser hair removal 47 may submit satisfactory evidence of licensure to practice an equivalent 48 occupation issued by any other state, territory, protectorate or depend- 49 ency of the United States or any other country in lieu of the evidence 50 of schooling and examination required by this subdivision, provided that 51 such license was granted in compliance with standards which were, in the 52 judgment of the secretary, not lower than those of this state and 53 provided that such state, territory, protectorate, dependency, or coun- 54 try extends similar reciprocity to the licensees of this state, or the 55 applicant practiced an equivalent occupation in such state, territory, 56 protectorate, dependency or country for a minimum of five years, or theS. 3607 4 1 applicant is a member of the household of a member of the armed forces 2 of the United States, national guard or reserves and was a member of 3 such household before such member relocated to the state. 4 d. Notwithstanding the educational requirements of this section and 5 the testing requirements of this section, an applicant who otherwise has 6 met the licensing requirements of this article for a nail specialist, 7 waxer, natural hair stylist, esthetician [or], cosmetologist or laser 8 hair removal technician who shall provide satisfactory evidence he or 9 she has been actively and continuously engaged in the practice of nail 10 specialty, waxing, natural hair styling, esthetics [or], cosmetology or 11 laser hair removal for at least one year prior to the effective date of 12 this article, may be issued a license for nail specialty, waxing, 13 natural hair styling, esthetics [or], cosmetology or laser hair removal 14 pursuant to this article. Notwithstanding the educational and testing 15 requirements of this section, a person licensed to practice barbering 16 under article twenty-eight of this chapter who otherwise has met the 17 licensing requirements of this article may be issued a license to prac- 18 tice natural hairstyling. Other than applicants licensed under article 19 twenty-eight of this chapter, those persons who apply after a twelve 20 month period from the effective date of this article will be required to 21 provide evidence of training and to take the examination or examinations 22 as required for other licenses pursuant to this article. 23 e. Upon acceptance by the secretary of a proper application for an 24 operator's license to practice nail [speciality] specialty, waxing, 25 natural hair styling, esthetics [or], cosmetology or laser hair removal, 26 the secretary may issue a temporary operator's license which shall 27 expire six months from issuance. Upon good cause shown, the secretary 28 may renew a temporary operator's license for one additional six-month 29 period upon filing the appropriate application and fee. 30 § 8. Subdivision 1 of section 407 of the general business law, as 31 amended by chapter 255 of the laws of 1999, is amended to read as 32 follows: 33 1. The examinations for the license to practice natural hair styling, 34 esthetics, nail specialty [and], cosmetology and laser hair removal 35 shall be practical and written. The examinations for the license to 36 practice waxing shall be limited to a written examination only. The 37 secretary shall determine reasonable standards of performance for each 38 license and shall evaluate the prospective applicants and applicants on 39 the basis of such standards. The objectives of the examinations shall be 40 to insure that prospective applicants and applicants have sufficient 41 basic skills to safeguard the health and safety of the public and to 42 insure that prospective applicants and applicants have attained adequate 43 levels of skill to competently engage in the activities authorized by 44 the license. 45 § 9. Subdivision 1 of section 409 of the general business law, as 46 amended by section 2 of part Y of chapter 60 of the laws of 2011, is 47 amended to read as follows: 48 1. The non-refundable fee for an application for a license to engage 49 in the practice of nail specialty, waxing, natural hair styling, esthet- 50 ics [or], cosmetology or laser hair removal, shall be forty dollars 51 initially and for each renewal thereof the fee shall be forty dollars; 52 the fee for a temporary license and each renewal shall be ten dollars. 53 § 10. Paragraph a of subdivision 2 of section 410 of the general busi- 54 ness law, as amended by chapter 80 of the laws of 2015, is amended to 55 read as follows:S. 3607 5 1 a. The secretary may issue an order directing the cessation of any 2 activity related to nail specialty, waxing, natural hair styling, 3 esthetics [or], cosmetology or laser hair removal for which a license is 4 required by this article upon a determination that a person, partner- 5 ship, limited liability company or business corporation, engaging in the 6 business or occupation of, or holding himself, herself or itself out as 7 or acted, temporarily or otherwise, as a nail specialist, natural hair 8 stylist, esthetician [or], cosmetologist or laser hair removal techni- 9 cian within this state without a valid license being in effect. The 10 secretary shall, before making such determination and order, afford such 11 person, partnership, limited liability company or business corporation 12 an opportunity to be heard in person or by counsel in reference thereto 13 in an adjudicatory proceeding held pursuant to section four hundred 14 eleven of this article as applicable. 15 § 11. Subdivision 1 of section 412 of the general business law, as 16 amended by chapter 80 of the laws of 2015, is amended to read as 17 follows: 18 1. The practice of nail specialty, waxing, natural hair styling, 19 esthetics [or], cosmetology or laser hair removal without a license or 20 while under suspension or revocation, or in violation of an order 21 directing the cessation of unlicensed activity issued by the secretary 22 pursuant to section four hundred ten or four hundred eleven of this 23 article, is a violation and is subject to a civil penalty of up to five 24 hundred dollars for the first violation; one thousand dollars for a 25 second such violation; and two thousand five hundred dollars for a third 26 violation and any subsequent violation. 27 § 12. This act shall take effect one year after it shall have become a 28 law. Effective immediately, the addition, amendment and/or repeal of any 29 rule or regulation necessary for the implementation of this act on its 30 effective date are authorized to be made and completed on or before such 31 effective date.
