NY State Senate Bill 2009-S6820

Senate Bill S6820

2009-2010 Legislative Session

Requires licensed appearance enhancement professionals to take continuing education classes concerning infection control and transmission

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 10, 2010	referred to consumer protection

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2009-S6820 (ACTIVE) - Details

See Assembly Version of this Bill:: A9926
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §405-a, amd §§406 & 408, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:: A5508

2009-S6820 (ACTIVE) - Summary

Requires licensed appearance enhancement professionals to successfully complete a prescribed continuing education course or program in the prevention of the transmission of infection and the proper methods of sterilization.

2009-S6820 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6820

 TITLE OF BILL :
An act to amend the general business law, in relation to requiring
licensed appearance enhancement professionals to successfully complete
a prescribed course of study or program in the prevention of the
transmission of infection and the proper methods of sterilization


 PURPOSE :
This bill will require appearance enhancement professionals and
appearance enhancement businesses to complete a prescribed course of
study in order to obtain an initial license or renew their current
license. A licensee will be required to complete the continuing
education courses biennially. As part of the biennial continuing
education process the course will inform the applicant on the proper
"state of the Art" methods of sterilization and sanitation, and the
prevention of infectious diseases.

 SUMMARY OF PROVISIONS :
General business law is amended to add a new section 405-a (1) which
would require appearance enhancement professionals and appearance
enhancement businesses to complete a prescribed course of study or
program in the prevention of the transmission of infectious diseases
and the proper methods of sterilization and sanitation as a
prerequisite to receiving or renewing their current license. (2)

Indicates that as a condition for licensure or renewal the applicant
must successfully complete a course of study offered through schools
of infection control, either through, a home study/correspondence
course, online or at one of the schools premises which are licensed by
the Department of Education. An appearance enhancement school that
wishes to become an approved provider may do so through the Department
of Education in conjunction with a school of infection control, so
that our appearance enhancement professionals can turn to the full
range of training providers.

Subdivision 6 of section 408 of the general business law is amended to
delete the phrase "from its application".

Provides that any school of infection control or appearance
enhancement school approved by the Department of Education shall be
annually assessed by the Secretary of State a percentage of their
gross tuition as follows:

1. Beginning October 1, 2011, 6%.
2. Beginning April 1, 2012, 5%.
3. Beginning April 1, 2013, 4%.
4. Beginning April 1, 2014, 3% and each year thereafter.

In the event of a surplus over the amount necessary to implement and
enforce this section, the Secretary of State in consultation with the
Director of the Budget shall transfer any surplus to the general fund.

 EXISTING LAW :
In 1999 the Legislature instituted a requirement for barbers and
barber apprentices, to complete a state approved infection control
course work in order to renew or obtain their barbering licenses. The
requirements state that barbers and barber apprentices "must complete"
a course of study regarding the transmission of contagious diseases
and the proper methods of sanitation and sterilization to be employed
in barber shops especially as they relate to tools and instruments.
The cost of this course is and has been $59.95 since its inception. A
memo from the Department of the New York State Division of Licensing
Services indicates that many additional schools have since been
approved to offer the "Infection Control Course" presumably in
response to the increased demand to comply with the enacted Barber Law
(Article 28 of the General Business Law).  Currently, there are three
licensed proprietary schools offering the home study HIV Infection
Control Courses, they are American Barber Institute, Atlas Barber
School, and Shear Ego International School of Hair Design. They offer
the curriculum by long distance methods of instruction and testing
(such as a home study and correspondence courses), or through an
online course. There are also eleven BOCES schools that offer in-house
class room instruction on premises.

However there is currently no requirement for appearance enhancement
professionals in the fields of waxing, cosmetology, esthetics, natural
hairstyling or nail specialty to receive training in infection
prevention or control.

 JUSTIFICATION :
It is of paramount importance to protect the people of the State of
New York from contracting viral, bacterial or fungal disease.
Infectious diseases such as Staph infection, HIV, Hepatitis (B and C),
and Tuberculosis as well as many other strains of blood born diseases
and pathogens can spread through contact with infected blood, aerosol
droplets which are expelled when persons infected cough, sneeze,
speak, or spit. Such infections can occur if scissors, razors, nail
cuticle cutters, and other instruments that can, and often do, cut the
skin and draw blood are not properly sanitized and sterilized after
each and every use. There are many myths and fallacies regarding the
transmission of such diseases as HIV. It is vitally important to
provide appearance enhancement communities with accurate and up to
date information concerning the spread of infectious diseases. This
legislation will help to minimize the transmission of blood born
diseases and ensure the appearance enhancement professionals in New
York State to receive the proper training that will better enable them
to keep both themselves and their clients safe from infectious
diseases.

Furthermore, the bill provides a mechanism that will ensure that there
are adequate resources available to administer and enforce the
provisions of this legislation.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
This bill provides a mechanism that will create a substantial amount
of revenue to assist in the bill's enactment and enforcement.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become law.

2009-S6820 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6820

                            I N  S E N A T E

                            February 10, 2010
                               ___________

Introduced  by  Sen. SAMPSON -- 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  requiring
  licensed appearance enhancement professionals to successfully complete
  a prescribed course of study or program in the prevention of the tran-
  smission of infection and the proper methods of sterilization

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
405-a to read as follows:
  S 405-A. CONTINUING EDUCATION CONCERNING  INFECTION  CONTROL  AND  THE
TRANSMISSION OF INFECTIOUS DISEASES.  1. AS A PREREQUISITE FOR THE ISSU-
ANCE  OF  ANY LICENSE OR A RENEWAL OF AN APPEARANCE ENHANCEMENT BUSINESS
LICENSE OR A RENEWAL FOR A LICENSE TO PRACTICE WAXING, COSMETOLOGY, NAIL
SPECIALTY, ESTHETICS OR NATURAL HAIRSTYLING AS DEFINED  BY  SUBDIVISIONS
ONE  THROUGH EIGHT OF SECTION FOUR HUNDRED OF THIS ARTICLE, THE LICENSED
APPLICANT SHALL PRESENT EVIDENCE SATISFACTORY TO THE DEPARTMENT OF STATE
HAVING MET THE CONTINUING EDUCATION REQUIREMENTS PURSUANT TO THIS  ARTI-
CLE.
  2.  THE  CONTINUING  EDUCATION REQUIREMENTS FOR ISSUANCE OR RENEWAL OF
SUCH LICENSE SHALL BE THE SUCCESSFUL COMPLETION BY THE APPLICANT, WITHIN
THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF  SUCH  APPLICA-
TION,  OF  A COURSE OF STUDY IN INFECTION PREVENTION AND CONTROL OFFERED
THROUGH SCHOOLS OF INFECTION CONTROL,  LICENSED  BY  THE  DEPARTMENT  OF
EDUCATION.    UPON  SUCCESSFUL  COMPLETION  OF  THE  COURSE  OF STUDY AS
DESCRIBED  IN  THIS  SECTION,  SUCH  SCHOOL  SHALL  GENERATE  A   COURSE
COMPLETION  CERTIFICATE  NUMBER  THAT  SHALL  CONSTITUTE  PROOF THAT THE
APPLICANT HAS SUCCESSFULLY COMPLETED A  COURSE  OF  STUDY  IN  INFECTION
CONTROL  AS  DESCRIBED  IN  THIS  SECTION.   IN ADDITION, ANY APPEARANCE
ENHANCEMENT SCHOOLS IN NEW YORK STATE,  MAY  OBTAIN  A  NEW  YORK  STATE
APPROVED  CURRICULUM,  OR COURSEWORK, TO BECOME AN APPROVED PROVIDER AND
MAY DO SO IN CONJUNCTION WITH AN APPROVED SCHOOL OF  INFECTION  CONTROL.
IN  ORDER  TO  BE  ELIGIBLE  TO OFFER SUCH CURRICULUM OR COURSEWORK, THE
APPEARANCE ENHANCEMENT SCHOOL SHALL APPLY TO THE DEPARTMENT OF EDUCATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD10808-09-0

S. 6820                             2

FOR APPROVAL. THE COURSE OF STUDY MAY BE PROVIDED EITHER AT THE SCHOOL'S
PREMISES OR BY LONG DISTANCE METHODS OF INSTRUCTION AND TESTING  INCLUD-
ING  BUT NOT LIMITED TO, SELF-PACED HOME STUDY CORRESPONDENCE COURSES OR
THROUGH  ONLINE  COURSES.    FOR  THE PURPOSES OF THIS SECTION, THE TERM
"SCHOOL OF INFECTION CONTROL" SHALL MEAN A SCHOOL THAT HAS  BEEN  DEVEL-
OPED  AND  APPROVED  BY  THE  DEPARTMENT OF EDUCATION FOR THE PURPOSE OF
DEVELOPING AND OFFERING COURSES PROVIDING  EDUCATION  IN  THE  FIELD  OF
TRANSMISSION  OF INFECTION AND CONTAGIOUS DISEASES, INCLUDING THE PROPER
METHODS OF SANITATION AND STERILIZATION TO BE PRACTICED,  ESPECIALLY  AS
THEY  RELATE  TO TOOLS, INSTRUMENTS AND EQUIPMENT, IN THE PROFESSIONS OF
WAXING, COSMETOLOGY, NAIL SPECIALTY, ESTHETICS OR NATURAL HAIRSTYLING.
  S 2. Subdivision 1 of section 406  of  the  general  business  law  is
amended  by  adding  five  new  paragraphs  f,  g, h, i and j to read as
follows:
  F. EACH APPLICATION FOR THE  ISSUANCE  OR  RENEWAL  OF  AN  APPEARANCE
ENHANCEMENT BUSINESS LICENSE OR A LICENSE TO PRACTICE WAXING, COSMETOLO-
GY,  NAIL SPECIALTY, ESTHETICS OR NATURAL HAIRSTYLING SHALL INDICATE, BY
SELF-CERTIFICATION USING THE COURSE COMPLETION CERTIFICATE NUMBER,  THAT
THE APPLICANT HAS SUCCESSFULLY COMPLETED THE PRESCRIBED COURSE OF STUDY,
FROM A SCHOOL OR PROGRAM, AS DESCRIBED IN SECTION FOUR HUNDRED FIVE-A OF
THIS ARTICLE, CONCERNING THE PREVENTION OF THE TRANSMISSION OF INFECTION
AND CONTAGIOUS DISEASES, AND THE PROPER METHODS OF SANITATION AND STERI-
LIZATION.
  G.  ANY  SCHOOL  OF  INFECTION  CONTROL  OR ANY APPEARANCE ENHANCEMENT
SCHOOL THAT IS APPROVED BY THE DEPARTMENT OF EDUCATION, UNDER THIS ARTI-
CLE, SHALL BE ANNUALLY ASSESSED BASED ON THE PRIOR YEAR OF THEIR  FINAN-
CIAL STATEMENTS, BY THE SECRETARY OF STATE.  A PERCENTAGE OF THEIR GROSS
TUITION  SHALL  BE  DEPOSITED INTO THE BUSINESS AND LICENSING ACCOUNT AS
DETERMINED BY THE ANNUAL FINANCIAL STATEMENT OR ANNUAL AUDITED FINANCIAL
STATEMENT. SUCH FUNDS SHALL BE TRANSFERRED TO THE GENERAL FUND IN  EQUAL
QUARTERLY  INSTALLMENTS  WHICH  SHALL BE DUE ON APRIL FIRST, JULY FIRST,
OCTOBER FIRST AND JANUARY FIRST.
  H. (I) BEGINNING OCTOBER FIRST, TWO THOUSAND ELEVEN,  SUCH  ANNUALIZED
ASSESSMENT SHALL BE SIX PERCENT.
  (II)  BEGINNING  APRIL  FIRST,  TWO  THOUSAND  TWELVE, SUCH ANNUALIZED
ASSESSMENT SHALL BE FIVE PERCENT.
  (III) BEGINNING APRIL FIRST, TWO THOUSAND  THIRTEEN,  SUCH  ANNUALIZED
ASSESSMENT SHALL BE FOUR PERCENT.
  (IV)  BEGINNING  APRIL  FIRST,  TWO  THOUSAND  FOURTEEN,  AND  IN EACH
SUCCEEDING YEAR, SUCH ANNUALIZED ASSESSMENT SHALL BE THREE PERCENT.  THE
SECRETARY  OF  STATE SHALL APPROPRIATE THE FUNDS DECLARED HEREIN TOWARDS
THE IMPLEMENTATION AND ENFORCEMENT OF THIS SECTION.
  I. FOLLOWING THE CLOSE OF EACH FISCAL YEAR, THE SECRETARY OF STATE, IN
CONSULTATION WITH THE DIRECTOR OF THE BUDGET,  SHALL  DETERMINE  IF  THE
BALANCE  IN  THE  BUSINESS AND LICENSING ACCOUNT HAS EXCEEDED THE AMOUNT
REQUIRED FOR THE IMPLEMENTATION AND  ENFORCEMENT  OF  THIS  SECTION,  IT
SHOULD BE TAKEN INTO ACCOUNT FOR PROJECTED REVENUES AND EXPENDITURES FOR
THE  SUBSEQUENT FISCAL YEAR. TO THE EXTENT THAT A SURPLUS IS IDENTIFIED,
THE SECRETARY OF STATE, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET,
SHALL DIRECT THE TRANSFER OF SUCH SURPLUS TO THE GENERAL FUND.
  J. LATE PAYMENTS MAY RESULT IN SUSPENSION OF LICENSURE BY  THE  SECRE-
TARY OF STATE. PAYMENTS REQUIRED BY THIS SUBDIVISION SHALL BE CONSIDERED
A CONDITION OF LICENSURE OR REGISTRATION.
  S  3.  Subdivision  6  of  section 408 of the general business law, as
added by chapter 509 of the laws of 1992, is amended to read as follows:

S. 6820                             3

  6. Any license, which has not been suspended or revoked, may, upon the
payment of the renewal fee, be renewed for  additional  periods  of  two
years  [from  its  application],  without  further examination, upon the
filing of an application for such renewal, on a form to be prescribed by
the secretary.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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