S T A T E   O F   N E W   Y O R K
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                                  5508

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2011
                               ___________

Introduced  by M. of A. TOWNS -- read once and referred to the Committee
  on Economic Development

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05981-01-1
              

A. 5508                             2

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
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 TWELVE,  SUCH  ANNUALIZED
ASSESSMENT SHALL BE SIX PERCENT.
  (II)  BEGINNING  APRIL  FIRST,  TWO THOUSAND THIRTEEN, SUCH ANNUALIZED
ASSESSMENT SHALL BE FIVE PERCENT.
  (III) BEGINNING APRIL FIRST, TWO THOUSAND  FOURTEEN,  SUCH  ANNUALIZED
ASSESSMENT SHALL BE FOUR PERCENT.
  (IV) BEGINNING APRIL FIRST, TWO THOUSAND FIFTEEN, AND IN EACH SUCCEED-
ING  YEAR, SUCH ANNUALIZED ASSESSMENT SHALL BE THREE PERCENT. THE SECRE-
TARY 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.

A. 5508                             3

  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:
  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.