S T A T E O F N E W Y O R K
________________________________________________________________________
590
2009-2010 Regular Sessions
I N S E N A T E
January 9, 2009
___________
Introduced by Sen. MARCELLINO -- 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 authorizing and
directing the secretary of state to promulgate rules and regulations
relating to air quality standards in regards to 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 SECRETARY SHALL PROMULGATE
RULES AND REGULATIONS IN CONNECTION WITH THE PRACTICE OF NAIL SPECIALTY
REQUIRING THE USE OF APPROPRIATE VENTILATION, AIR PURIFICATION SYSTEMS,
BY OTHER AIR QUALITY IMPROVEMENT MEANS DEEMED APPROPRIATE, OR ANY COMBI-
NATION THEREOF. In promulgating such rules and regulations the secretary
shall consult with the state education department, the advisory commit-
tee established pursuant to this article, any other state agencies and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02928-01-9
S. 590 2
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.