S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2834--A
     Cal. No. 193
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sens. SAVINO, PERSAUD -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Consumer
   Protection  --  recommitted to the Committee on Consumer Protection in
   accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
   committee,  ordered  to  first  and  second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 AN  ACT  to  amend the general business law, in relation to licensing of
   laser hair removal technicians
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  400  of  the  general business law is amended by
 adding two new subdivisions 12 and 13 to read as follows:
   12. THE PRACTICE OF "LASER HAIR REMOVAL" MEANS THE USE OF A  LASER  OR
 PULSED LIGHT DEVICE IN A HAIR REMOVAL PROCEDURE THAT DOES NOT REMOVE THE
 EPIDERMIS.
   13.  "LASER  HAIR  REMOVAL  TECHNICIAN" MEANS A PERSON LICENSED BY THE
 SECRETARY WHO PRACTICES LASER HAIR REMOVAL  AS  DEFINED  IN  SUBDIVISION
 TWELVE OF THIS SECTION.
   §  2. Subdivisions 1 and 3 of section 401 of the general business law,
 subdivision 1 as amended by chapter 80 of the laws of 2015 and  subdivi-
 sion  3  as  amended  by chapter 341 of the laws of 1998, are amended to
 read as follows:
   1. No person shall engage in the practice of nail  specialty,  waxing,
 natural hair styling, esthetics [or], cosmetology OR LASER HAIR REMOVAL,
 as  defined  in  section  four  hundred  of this article, without having
 received a license to engage in such practice in the  manner  prescribed
 in this article. No person shall act as a trainee or perform any service
 as  such  unless  he  or  she has obtained a certificate of registration
 pursuant to this article.

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

                                                            LBD03811-11-0

 S. 2834--A                          2
 
   3. A person licensed by any other state or country  to  practice  nail
 specialty,  waxing, natural hair styling, esthetics [or], cosmetology OR
 LASER HAIR REMOVAL shall be allowed to practice in New  York  state  for
 three  months or less within any calendar year for the purpose of giving
 to,  or  receiving  from,  persons  who  are licensed under this article
 training in current styles, techniques or materials,  provided  however,
 that  no  such  unlicensed person may provide services to the public for
 any fee, or other compensation, whether direct or indirect.
   § 3. Subdivision 1 of section 403 of  the  general  business  law,  as
 amended  by  chapter  339  of  the  laws  of 2017, is amended to read as
 follows:
   1. There shall  be  established  within  the  department  an  advisory
 committee  which  shall  consist of [nine] TEN members broadly represen-
 tative of the appearance  enhancement  industry;  including  one  person
 engaged  in the practice of either nail specialty or waxing; two persons
 engaged in natural hair styling; one of whom shall be  knowledgeable  in
 the  practice  of  styling  techniques  which  place tension on the hair
 roots, and one of whom shall ensure strict adherence to quality services
 for all clients of all hair types, including, but not limited  to,  curl
 pattern,  hair  strand thickness, and volume of hair; one person engaged
 in esthetics; ONE PERSON ENGAGED IN  LASER  HAIR  REMOVAL;  two  persons
 engaged  in  cosmetology; two persons engaged in training of persons for
 such practices and one person licensed as a dermatologist. The secretary
 shall appoint such persons to serve on the advisory committee, provided,
 that two shall be appointed by the secretary on  the  recommendation  of
 the  temporary president of the senate and two shall be appointed by the
 secretary on the recommendation of the speaker  of  the  assembly.  Each
 member  of  the committee shall be appointed for terms of two years. Any
 member may be reappointed for  additional  terms.  The  secretary  shall
 designate  from  among  the  members  of the committee a chairperson who
 shall serve at the pleasure of the secretary.
   § 4. Section 404 of the general business law, as amended by chapter 80
 of the laws of 2015, is amended to read as follows:
   § 404. Rules and regulations. The secretary shall promulgate rules and
 regulations which establish standards  for  practice  and  operation  by
 licensees and trainees under this article in order to ensure the health,
 safety  and  welfare of the public including licensees and trainees when
 they are working within such establishments. Such rules and  regulations
 shall include, but not be limited to, the sanitary conditions and proce-
 dures  required  to be maintained, a minimum standard of training appro-
 priate to the duties of nail specialists, trainees, waxers, natural hair
 stylists, estheticians, [and], cosmetologists, AND  LASER  HAIR  REMOVAL
 TECHNICIANS  and the provision of service by nail specialists, trainees,
 waxers, natural hair  stylists,  estheticians  [or],  cosmetologists  OR
 LASER  HAIR  REMOVAL  TECHNICIANS  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  business  license.
 Regulations setting forth the educational requirements for nail special-
 ists  and  trainees  shall  include  education  in the area of causes of
 infection and bacteriology.   REGULATIONS RELATED TO  THE  PRACTICE  AND
 OPERATION  OF  LICENSED LASER HAIR REMOVAL TECHNICIANS SHALL INCLUDE THE
 STANDARDS SET FORTH IN SECTION FOUR HUNDRED FOUR-D OF THIS  ARTICLE.  In
 promulgating such rules and regulations the secretary shall consult with
 the  state  education  department,  the  advisory  committee established
 pursuant to this article, any other state agencies and private  industry

 S. 2834--A                          3
 
 representatives  as  may  be appropriate in determining minimum training
 requirements.
   § 5. The general business law is amended by adding a new section 404-d
 to read as follows:
   §  404-D.  LASER HAIR REMOVAL RULES AND REGULATIONS. 1. (A) THE SECRE-
 TARY SHALL, IN CONSULTATION WITH  THE  APPEARANCE  ENHANCEMENT  ADVISORY
 COMMITTEE  PROVIDED  FOR  IN SECTION FOUR HUNDRED THREE OF THIS ARTICLE,
 PROMULGATE RULES AND REGULATIONS WHICH ESTABLISH STANDARDS FOR THE PRAC-
 TICE AND OPERATION OF LICENSED LASER HAIR REMOVAL TECHNICIANS  IN  ORDER
 TO  ENSURE THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC INCLUDING LICEN-
 SEES AND TRAINEES WHEN THEY ARE WORKING IN SUCH  ESTABLISHMENTS.    SUCH
 RULES  AND  REGULATIONS  SHALL BE PROMULGATED IN ACCORDANCE WITH SECTION
 FOUR HUNDRED FOUR OF THIS ARTICLE AND SHALL INCLUDE, BUT NOT BE  LIMITED
 TO:    THE  IDENTIFICATION OF A STATE APPROVED CURRICULUM FOR LICENSEES;
 THE IMPLEMENTATION OF A REGISTRATION FEE FOR LASER HAIR  REMOVAL  ESTAB-
 LISHMENTS; A MINIMUM AGE REQUIREMENT FOR LASER HAIR REMOVAL TECHNICIANS;
 THE  MINIMUM  NUMBER  OF HOURS OF TRAINING A TRAINEE MUST RECEIVE FROM A
 STATE APPROVED CURRICULUM; TRAINING REQUIREMENTS SPECIFYING THE  MINIMUM
 NUMBER OF PROCEDURES, SPECIFIC TO EACH PART OF THE BODY, TO BE PERFORMED
 ON  VOLUNTEERS;  AND  CONTINUED CERTIFICATION BY A NATIONALLY ACCREDITED
 ORGANIZATION ACCEPTABLE TO THE DEPARTMENT.
   (B) THE DEPARTMENT MAY, AT ITS DISCRETION, WAIVE TRAINING AND  CURRIC-
 ULUM  REQUIREMENTS FOR CURRENTLY EMPLOYED LICENSED ESTHETICIANS PERFORM-
 ING LASER HAIR REMOVAL PROVIDED THAT THE LICENSED ESTHETICIAN  SATISFAC-
 TORILY COMPLETES THE COMPETENCY EXAMINATION APPROVED BY THE DEPARTMENT.
   (C)  THE  SECRETARY  SHALL REQUIRE ESTABLISHMENTS PROVIDING LASER HAIR
 REMOVAL TO MAINTAIN A MAINTENANCE OF A MINIMUM OF ONE MILLION DOLLARS IN
 LIABILITY INSURANCE.
   2. THE PRACTICE OF LASER HAIR REMOVAL SHALL ONLY  BE  PERFORMED  BY  A
 PERSON LICENSED TO PRACTICE MEDICINE OR BY A LICENSED LASER HAIR REMOVAL
 TECHNICIAN  UNDER  THE DIRECTION AND SUPERVISION OF A PERSON LICENSED TO
 PRACTICE MEDICINE.
   3. EVERY FACILITY THAT IS NOT A MEDICAL PRACTICE SHALL BE REQUIRED  TO
 HAVE  A  CONSULTING PHYSICIAN WHO IS FAMILIAR WITH THE USE OF LASERS FOR
 HAIR REMOVAL. THE CONSULTING PHYSICIAN SHALL CONDUCT AN ANNUAL AUDIT  OF
 POLICIES  AND  PROCEDURES  AND SHALL BE AVAILABLE THROUGHOUT THE YEAR TO
 SEE A LASER HAIR REMOVAL CLIENT IN CASE OF INJURY.
   § 6. Paragraph a of subdivision 1 of section 406 of the general  busi-
 ness  law,  as amended by chapter 341 of the laws of 1998, is amended to
 read as follows:
   a. Any person intending to practice nail  specialty,  waxing,  natural
 hair  styling,  esthetics  [or],  cosmetology  OR  LASER HAIR REMOVAL as
 defined in this article, or to own or operate an appearance  enhancement
 business,  shall  first  make application to the secretary for a license
 therefor.
   § 7. Subdivision 2 of section 406 of  the  general  business  law,  as
 amended by chapter 341 of the laws of 1998 and paragraph c as amended by
 section  3  of  part D of chapter 328 of the laws of 2014, is amended to
 read as follows:
   2. a. Any person seventeen years of age or  older  may  apply  to  the
 secretary for a license to practice nail specialty, waxing, natural hair
 styling, esthetics or cosmetology.
   b.  Each  such  application  shall also be accompanied by satisfactory
 evidence of having taken and passed the appropriate examination or exam-
 inations offered by the secretary  pursuant  to  this  article  for  the
 license  sought and evidence of the successful completion of an approved

 S. 2834--A                          4
 
 course of study in nail specialty, waxing, natural hair styling, esthet-
 ics [or], cosmetology OR LASER HAIR REMOVAL in a  school  duly  licensed
 pursuant to the education law.
   c.  Any  applicant  for  a license to practice nail specialty, waxing,
 natural hair styling, esthetics [or], cosmetology OR LASER HAIR  REMOVAL
 may  submit satisfactory evidence of licensure to practice an equivalent
 occupation issued by any other state, territory, protectorate or depend-
 ency of the United States or any other country in lieu of  the  evidence
 of schooling and examination required by this subdivision, provided that
 such license was granted in compliance with standards which were, in the
 judgment  of  the  secretary,  not  lower  than  those of this state and
 provided that such state, territory, protectorate, dependency, or  coun-
 try  extends  similar reciprocity to the licensees of this state, or the
 applicant practiced an equivalent occupation in such  state,  territory,
 protectorate,  dependency or country for a minimum of five years, or the
 applicant is a member of the household of a member of the  armed  forces
 of  the  United  States,  national guard or reserves and was a member of
 such household before such member relocated to the state.
   d. Notwithstanding the educational requirements of  this  section  and
 the testing requirements of this section, an applicant who otherwise has
 met  the  licensing  requirements of this article for a nail specialist,
 waxer, natural hair stylist, esthetician [or],  cosmetologist  OR  LASER
 HAIR  REMOVAL  TECHNICIAN  who shall provide satisfactory evidence he or
 she has been actively and continuously engaged in the practice  of  nail
 specialty,  waxing, natural hair styling, esthetics [or], cosmetology OR
 LASER HAIR REMOVAL for at least one year prior to the effective date  of
 this  article,  may  be  issued  a  license  for nail specialty, waxing,
 natural hair styling, esthetics [or], cosmetology OR LASER HAIR  REMOVAL
 pursuant  to  this  article. Notwithstanding the educational and testing
 requirements of this section, a person licensed  to  practice  barbering
 under  article  twenty-eight  of  this chapter who otherwise has met the
 licensing requirements of this article may be issued a license to  prac-
 tice  natural  hairstyling. Other than applicants licensed under article
 twenty-eight of this chapter, those persons who  apply  after  a  twelve
 month period from the effective date of this article will be required to
 provide evidence of training and to take the examination or examinations
 as required for other licenses pursuant to this article.
   e.  Upon  acceptance  by  the secretary of a proper application for an
 operator's license to  practice  nail  [speciality]  SPECIALTY,  waxing,
 natural hair styling, esthetics [or], cosmetology OR LASER HAIR REMOVAL,
 the  secretary  may  issue  a  temporary  operator's license which shall
 expire six months from issuance. Upon good cause  shown,  the  secretary
 may  renew  a  temporary operator's license for one additional six-month
 period upon filing the appropriate application and fee.
   § 8. Subdivision 1 of section 407 of  the  general  business  law,  as
 amended  by  chapter  255  of  the  laws  of 1999, is amended to read as
 follows:
   1. The examinations for the license to practice natural hair  styling,
 esthetics,  nail  specialty  [and],  cosmetology  AND LASER HAIR REMOVAL
 shall be practical and written. The  examinations  for  the  license  to
 practice  waxing  shall  be  limited  to a written examination only. The
 secretary shall determine reasonable standards of performance  for  each
 license  and shall evaluate the prospective applicants and applicants on
 the basis of such standards. The objectives of the examinations shall be
 to insure that prospective applicants  and  applicants  have  sufficient
 basic  skills  to  safeguard  the health and safety of the public and to

 S. 2834--A                          5
 
 insure that prospective applicants and applicants have attained adequate
 levels of skill to competently engage in the  activities  authorized  by
 the license.
   §  9.  Subdivision  1  of  section 409 of the general business law, as
 amended by section 2 of part Y of chapter 60 of the  laws  of  2011,  is
 amended to read as follows:
   1.  The  non-refundable fee for an application for a license to engage
 in the practice of nail specialty, waxing, natural hair styling, esthet-
 ics [or], cosmetology OR LASER HAIR  REMOVAL,  shall  be  forty  dollars
 initially  and  for each renewal thereof the fee shall be forty dollars;
 the fee for a temporary license and each renewal shall be ten dollars.
   § 10. Paragraph a of subdivision 2 of section 410 of the general busi-
 ness law, as amended by chapter 80 of the laws of 2015,  is  amended  to
 read as follows:
   a.  The  secretary  may  issue an order directing the cessation of any
 activity related  to  nail  specialty,  waxing,  natural  hair  styling,
 esthetics [or], cosmetology OR LASER HAIR REMOVAL for which a license is
 required  by  this  article upon a determination that a person, partner-
 ship, limited liability company or business corporation, engaging in the
 business or occupation of, or holding himself, herself or itself out  as
 or  acted,  temporarily or otherwise, as a nail specialist, natural hair
 stylist, esthetician [or], cosmetologist OR LASER HAIR  REMOVAL  TECHNI-
 CIAN  within  this  state  without  a valid license being in effect. The
 secretary shall, before making such determination and order, afford such
 person, partnership, limited liability company or  business  corporation
 an  opportunity to be heard in person or by counsel in reference thereto
 in an adjudicatory proceeding held  pursuant  to  section  four  hundred
 eleven of this article as applicable.
   §  11.  Subdivision  1  of section 412 of the general business law, as
 amended by chapter 80 of the  laws  of  2015,  is  amended  to  read  as
 follows:
   1.  The  practice  of  nail  specialty,  waxing, natural hair styling,
 esthetics [or], cosmetology OR LASER HAIR REMOVAL without a  license  or
 while  under  suspension  or  revocation,  or  in  violation of an order
 directing the cessation of unlicensed activity issued by  the  secretary
 pursuant  to  section  four  hundred  ten or four hundred eleven of this
 article, is a violation and is subject to a civil penalty of up to  five
 hundred  dollars  for  the  first  violation; one thousand dollars for a
 second such violation; and two thousand five hundred dollars for a third
 violation and any subsequent violation.
   § 12. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.