S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6156
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Economic Development
 
 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.
   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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08602-01-1

 A. 6156                             2
 
 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
 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

 A. 6156                             3
 
 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
 PHYSICIAN  LICENSED  AND  REGISTERED  TO  PRACTICE IN THIS STATE OR BY A
 PERSON LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OR  ARTICLE
 ONE  HUNDRED  THIRTY-NINE  OF  THE EDUCATION LAW UNDER THE DIRECTION AND
 SUPERVISION OF A PHYSICIAN LICENSED AND REGISTERED TO PRACTICE  IN  THIS
 STATE OR BY A LICENSED LASER HAIR REMOVAL TECHNICIAN UNDER THE DIRECTION
 AND  SUPERVISION  OF  A PHYSICIAN LICENSED AND REGISTERED TO PRACTICE IN
 THIS STATE. FOR PURPOSES OF THIS SECTION,  "DIRECTION  AND  SUPERVISION"
 SHALL  MEAN  CONTINUOUS  DIRECTION  AND  SUPERVISION,  BUT  SHALL NOT BE
 CONSTRUED AS NECESSARILY REQUIRING THE PHYSICAL PRESENCE OF  THE  SUPER-
 VISING  PHYSICIAN  AT  THE  TIME  AND  PLACE  WHERE  SUCH  SERVICES  ARE
 PERFORMED.
   § 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
 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.

 A. 6156                             4
 
   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
 insure that prospective applicants and applicants have attained adequate
 levels  of  skill  to competently engage in the activities authorized by
 the license.

 A. 6156                             5
 
   § 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 on or before such effective
 date.