S T A T E O F N E W Y O R K
________________________________________________________________________
2104--A
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. BENJAMIN -- Multi-Sponsored by -- M. of A. HOOP-
ER, MILLER -- read once and referred to the Committee on Economic
Development, Job Creation, Commerce and Industry -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the general business law, in relation to authorizing and
directing the department of health to promulgate regulations to govern
the use of chemicals in connection with the practice of nail specialty
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 404 of the general business law, as amended by
chapter 341 of the laws of 1998, is amended to read as follows:
S 404. Rules and regulations. The secretary shall promulgate rules and
regulations which establish standards for practice and operation by
licensees under this article in order to ensure the health, safety and
welfare of the public. Such rules and regulations shall include, but not
be limited to, the sanitary conditions and procedures required to be
maintained, a minimum standard of training appropriate to the duties of
nail specialists, waxers, natural hair stylists, estheticians, and
cosmetologists and the provision of service by nail specialists, waxers,
natural hair stylists, estheticians or cosmetologists at remote
locations other than the licensee's home provided that such practitioner
holds an appearance enhancement business license to operate at a fixed
location or is employed by the holder of an appearance enhancement busi-
ness license. Regulations setting forth the educational requirements for
nail specialists shall include education in the area of causes of
infection and bacteriology. IN ADDITION, THE DEPARTMENT OF HEALTH SHALL
PROMULGATE RULES AND REGULATIONS GOVERNING THE USE OF CHEMICALS IN
CONNECTION WITH THE PRACTICE OF NAIL SPECIALTY, INCLUDING, BUT NOT
LIMITED TO, HEALTH AND SAFETY CONCERNS IMPLICATED BY THE TOPICAL APPLI-
CATION OF SUCH CHEMICALS TO THE BODY AND THE INHALATION OF THE FUMES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02928-04-9
A. 2104--A 2
THEREFROM AND FIRE HAZARDS DUE TO SUCH FUMES; SUCH RULES AND REGULATIONS
SHALL REQUIRE: THE DISPLAY OF SIGNS IN A PROMINENT PLACE WHERE SUCH
CHEMICALS ARE USED, IN CLEARLY READABLE TYPE AND PRINTED IN BLOCK
LETTERS, DESCRIBING SUCH POTENTIAL HEALTH AND SAFETY CONCERNS IMPLICATED
BY THE TOPICAL APPLICATION OF SUCH CHEMICALS AND THE INHALATION OF FUMES
THEREFROM; AND THE USE OF APPROPRIATE VENTILATION, WHICH MAY INCLUDE
EXHAUST FANS WHENEVER SUCH CHEMICALS ARE USED. In promulgating such
rules and regulations the secretary shall consult with the state educa-
tion department, the advisory committee established pursuant to this
article, any other state agencies and private industry representatives
as may be appropriate in determining minimum training requirements.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided however, that effective immediate-
ly, the addition, amendment and/or repeal of any rules or regulations
necessary for the implementation of the foregoing section of this act on
its effective date are authorized and directed to be made and completed
on or before such effective date.