Bill Text: NY S06528 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires the secretary of state to promulgate rules and regulations requiring that education and testing for cosmetologists or natural hair stylists include education and testing regarding the provision of services to individuals with all hair types and textures, including, but not limited to, various curl or wave patterns, hair strand thicknesses, and volumes of hair.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-11-17 - SIGNED CHAP.664 [S06528 Detail]

Download: New_York-2023-S06528-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6528--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 25, 2023
                                       ___________

        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          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  substance
          of  training  and  testing  requirements for cosmetologists or natural
          hair stylists

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  404  of  the general business law, as amended by
     2  chapter 80 of the laws of 2015, is amended to read as follows:
     3    § 404. Rules and regulations. The secretary shall promulgate rules and
     4  regulations which establish standards  for  practice  and  operation  by
     5  licensees and trainees under this article in order to ensure the health,
     6  safety  and  welfare of the public including licensees and trainees when
     7  they are working within such establishments. Such rules and  regulations
     8  shall include, but not be limited to, the sanitary conditions and proce-
     9  dures  required  to be maintained, a minimum standard of training appro-
    10  priate to the duties of nail specialists, trainees, waxers, natural hair
    11  stylists, estheticians, and cosmetologists and the provision of  service
    12  by  nail  specialists, trainees, waxers, natural hair stylists, estheti-
    13  cians or cosmetologists at remote locations other  than  the  licensee's
    14  home  provided  that  such  practitioner holds an appearance enhancement
    15  business license to operate at a fixed location or is  employed  by  the
    16  holder  of  an  appearance  enhancement  business license.   Regulations
    17  setting forth the educational  requirements  for  nail  specialists  and
    18  trainees  shall include education in the area of causes of infection and
    19  bacteriology. Regulations setting forth the educational requirements for
    20  cosmetologists or natural hair stylists shall include education  regard-
    21  ing  the  provision  of  services to individuals with all hair types and
    22  textures, including, but not limited to, various curl or wave  patterns,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11005-02-3
        S. 6528--A                          2

     1  hair strand thicknesses, and volumes of hair. In promulgating such rules
     2  and  regulations  the  secretary  shall consult with the state education
     3  department, the advisory committee established pursuant to this article,
     4  any  other state agencies and private industry representatives as may be
     5  appropriate in determining minimum training requirements.
     6    § 2. Subdivision 2 of section 407 of  the  general  business  law,  as
     7  added by chapter 509 of the laws of 1992, is amended to read as follows:
     8    2.  The  secretary  shall prepare examination questions for persons to
     9  qualify for licensure under this  article.  Such  examination  questions
    10  shall   include,  where  applicable,  questions  relating  to  providing
    11  services to individuals with varying hair types and textures.  All  such
    12  examinations shall be the same for all persons for the license sought at
    13  any  given  examination.  Such test shall not be limited to any specific
    14  method or system.
    15    § 3. This act shall take effect on the one hundred eightieth day after
    16  it shall have become a law. Effective immediately, the addition,  amend-
    17  ment and/or repeal of any rule or regulation necessary for the implemen-
    18  tation  of  this act on its effective date are authorized to be made and
    19  completed on or before such effective date.