NY State Senate Bill 2019-S8862

Archive: Last Bill Status - In Senate Committee Rules 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 31, 2020	referred to rules

2019-S8862 (ACTIVE) - Details

See Assembly Version of this Bill:: A6578
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §408-b, amd §410, Gen Bus L

2019-S8862 (ACTIVE) - Summary

Relates to the certification of shampoo assistants; requires applicants of such certificate to have completed a minimum of 500 hours of the required 1,000 hours of an approved course of study in cosmetology in a school duly licensed pursuant to the education law and requires such applicants to remain enrolled in such school until completion of such course.

2019-S8862 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8862                 Revised 8/10/2020

SPONSOR: METZGER
 
TITLE OF BILL:

An act to amend the general business law, in relation to certification
of shampoo assistants

 
PURPOSE:

To provide an opportunity for students enrolled in a cosmetology licens-
ing program to gain hands-on salon experience and paid employment during
such licensing program, while also expanding future career opportu-
nities.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 408-b, which creates a shampoo assistant
certification following completion of 500 hours of the required 1000
hours of an approved cosmetology course, in a duly licensed school.  It
also establishes that each application shall be accompanied by a fee;

that the certification shall be issued by the secretary after affirma-
tion by a department of education approved school that the individual
has completed the requirements of subdivision 1; that all shampoo
assistant certificates shall expire one year from the date of issuance;
that a certificate issued pursuant to this section be posted in a
conspicuous place in the premises licensed pursuant to this article;
that a shampoo assistant certificate holder shall be limited to certain
activities; and that the practice of shampoo assistance without the
certificate required by this section or while under suspension or revo-
cation is a violation and is subject to a civil penalty of up to five
hundred dollars for the first violation and one thousand for a second
and any subsequent violation.

Section 2 amends the opening paragraph of subdivision one of section 410
of the general business law to make such certificates subject to suspen-
sion, revocation, or a fine.

Section 3 establishes the effective date.

 
JUSTIFICATION:

This bill is intended to expand employment opportunities for cosmetology
students and give them work experience in salons while they are complet-
ing their licensing requirements. Under current regulations, cosmetology
students are not allowed to perform shampoo services on clients, and
salons are reluctant to hire students with this limitation. By creating
a shampoo assistant certification, students will be able to gain paid
employment while also gaining first-hand knowledge of procedures and
techniques in a salon setting, which will better prepare them to
successfully complete the licensing exams and expand future career
opportunities.

The expiration date of the certification will be one year from the date
of issuance. Students will be eligible to apply for the shampoo assist-
ant certification once they complete a minimum of 500 hours of the
cosmetology curriculum and remain enrolled in the 1000-hour cosmetology
program. Similar legislation has been passed by 21 other states around
the country.
 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

This bill would provide additional revenue to the state in the way of
application fees and fines for practicing as a shampoo assistant without
the proper certificate or practicing as a shampoo assistant after the
certificate has been suspended or revoked.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and /or repeal of any rule or regulation necessary for the implementa-
tion of this act on its effective date are authorized to be made and
completed on or before such effective date.

2019-S8862 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8862
 
                             I N  S E N A T E
 
                               July 31, 2020
                                ___________
 
 Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law, in relation  to  certification
   of shampoo assistants
 
   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
 408-b to read as follows:
   § 408-B. SHAMPOO ASSISTANT CERTIFICATION. 1. AN APPLICANT FOR A  SHAM-
 POO ASSISTANT CERTIFICATE SHALL HAVE COMPLETED A MINIMUM OF FIVE HUNDRED
 HOURS  OF THE REQUIRED ONE THOUSAND HOURS OF AN APPROVED COURSE OF STUDY
 IN COSMETOLOGY IN A SCHOOL DULY LICENSED PURSUANT TO THE  EDUCATION  LAW
 AND  SHALL  REMAIN  ENROLLED  IN  SUCH  SCHOOL  UNTIL COMPLETION OF SUCH
 COURSE. THE SECRETARY SHALL PRESCRIBE THE SPECIFIC COURSES AND AMOUNT OF
 HOURS IN SUCH COURSES THAT SHALL BE  PART  OF  SUCH  FIVE  HUNDRED  HOUR
 REQUIREMENT.
   2. EACH APPLICATION SHALL BE ACCOMPANIED BY A FEE AS PRESCRIBED BY THE
 SECRETARY.
   3.  SUCH CERTIFICATION SHALL BE ISSUED BY THE SECRETARY AFTER AFFIRMA-
 TION BY A DEPARTMENT OF EDUCATION APPROVED SCHOOL THAT AN INDIVIDUAL HAS
 COMPLETED THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION.
   4. ALL SHAMPOO ASSISTANT CERTIFICATES SHALL EXPIRE ONE YEAR  FROM  THE
 DATE OF ISSUANCE.
   5.  A  CERTIFICATE  ISSUED PURSUANT TO THIS SECTION SHALL BE POSTED IN
 SOME CONSPICUOUS PLACE IN THE PREMISES LICENSED PURSUANT TO THIS ARTICLE
 OR IN THE PLACE WHERE THE PRACTICE OF AN OCCUPATION LICENSED PURSUANT TO
 THIS ARTICLE IS CONDUCTED.
   6. A. SHAMPOO ASSISTANT CERTIFICATION  HOLDERS  SHALL  BE  LIMITED  TO
 PARTICIPATING IN THE FOLLOWING ACTIVITIES:
   (I) GREETING AND DRAPING CLIENTS IN PREPARATION FOR SERVICES; AND
   (II) SHAMPOOING AND RINSING CLIENTS IN PREPARATION FOR SERVICES.
   B. SHAMPOO ASSISTANT CERTIFICATION HOLDERS SHALL BE PROHIBITED FROM:
   (I) APPLYING CHEMICALS TO CLIENTS;
   (II) PERFORMING HAIRCUTTING TECHNIQUES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD10060-01-9

 S. 8862                             2
 
   (III) PLACING ARTIFICIAL BRAIDS OR EXTENSIONS ON CLIENTS;
   (IV) PERFORMING ANY NAIL SERVICES OR PROCEDURES;
   (V) PERFORMING ANY SKIN CARE PROCEDURES; AND
   (VI) PERFORMING ANY WAXING SERVICES.
   7.  THE PRACTICE OF SHAMPOO ASSISTANT WITHOUT THE CERTIFICATE REQUIRED
 BY THIS SECTION 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 AND ONE THOUSAND DOLLARS
 FOR A SECOND AND ANY SUBSEQUENT VIOLATION.
   § 2. The opening paragraph of subdivision one of section  410  of  the
 general  business  law, as amended by chapter 80 of the laws of 2015, is
 amended to read as follows:
   Suspension and revocation of licenses [or], registrations, OR  CERTIF-
 ICATIONS;  fines;  reprimands.  A license [or], registration, OR CERTIF-
 ICATION issued pursuant to this article may be suspended or revoked,  or
 a  fine not exceeding five hundred dollars payable to the department may
 be imposed for any one or more of the following causes:
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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Senate Bill S8862

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2019-S8862 (ACTIVE) - Details

2019-S8862 (ACTIVE) - Summary

2019-S8862 (ACTIVE) - Sponsor Memo

2019-S8862 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jen Metzger

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2019-S8862 (ACTIVE) - Details

2019-S8862 (ACTIVE) - Summary

2019-S8862 (ACTIVE) - Sponsor Memo

2019-S8862 (ACTIVE) - Bill Text download pdf

Comments