Assembly Bill A7296

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7296
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2023
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Economic Development
 
 AN  ACT  to  amend  the  general  business law, in relation to licensing
   requirements to own, control  or  operate  an  appearance  enhancement
   business; and to repeal certain provisions of such law relating there-
   to

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 401 of the general  business  law,
 as  added  by  chapter  509  of  the laws of 1992, is amended to read as
 follows:
   2. No person shall own, control or operate, whether as a sole proprie-
 tor, partner, shareholder,  officer,  independent  contractor  or  other
 person,  an  appearance  enhancement  business without having received a
 license for such business in the manner provided  in  this  article.  NO
 PERSON  SHALL BE REQUIRED TO RECEIVE A LICENSE TO ENGAGE IN THE PRACTICE
 OF NAIL SPECIALTY, WAXING, NATURAL HAIR STYLING, ESTHETICS OR COSMETOLO-
 GY, AS DEFINED IN SECTION FOUR HUNDRED OF THIS ARTICLE, AS A REQUIREMENT
 TO RECEIVE A LICENSE TO OWN, CONTROL OR OPERATE AN  APPEARANCE  ENHANCE-
 MENT  BUSINESS;  PROVIDED,  HOWEVER,  NO  PERSON THAT OWNS, CONTROLS, OR
 OPERATES SUCH BUSINESS SHALL ENGAGE IN THE PRACTICE OF  NAIL  SPECIALTY,
 WAXING,  NATURAL  HAIR  STYLING, ESTHETICS OR COSMETOLOGY, 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.
   §  2.  Section  403 of the general business law is amended by adding a
 new subdivision 3-a to read as follows:
   3-A. A. NO LATER THAN NINETY DAYS AFTER THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION,  THE ADVISORY COMMITTEE SHALL DEVELOP EDUCATIONAL MATERIALS
 AND A CURRICULUM FOR A TWO HOUR IN-PERSON PROFESSIONAL TRAINING  AND  AN
 EXAM  WHICH APPLICANTS MUST PASS TO RECEIVE A LICENSE TO OWN, CONTROL OR
 OPERATE AN APPEARANCE ENHANCEMENT BUSINESS. THE COST OF THE TRAINING AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10773-02-3
              

 A. 7296                             2
 
 EXAMINATION REQUIRED PURSUANT TO THIS SUBDIVISION SHALL  BE  COVERED  BY
 THE  APPLICANT.  SUCH  TRAINING  SHALL  EDUCATE  OWNERS AND OPERATORS ON
 HEALTH AND SAFETY RULES AND REGULATIONS IN ORDER TO PROTECT THE  HEALTH,
 SAFETY AND WELFARE OF THE PUBLIC AND EMPLOYEES WORKING WITHIN AN APPEAR-
 ANCE  ENHANCEMENT BUSINESS. EDUCATIONAL MATERIALS SHALL CONTAIN, BUT ARE
 NOT LIMITED TO:
   I. INFORMATION ABOUT HEALTH HAZARDS WITHIN THE WORKPLACE;
   II. A LIST OF SIDE EFFECTS FROM EXTENDED EXPOSURE TO CHEMICALS USED;
   III. PROPER PROCEDURES TO REDUCE HEALTH RISKS IF A PERSON  INHALES  OR
 COMES INTO PHYSICAL CONTACT WITH CHEMICALS USED; AND
   IV.  RELEVANT  LOCAL,  STATE  AND  FEDERAL  LAWS  AND PROVISIONS TO BE
 FOLLOWED BY SUCH OWNERS AND OPERATORS.
   B. THE TRAINING FOR OWNERS AND OPERATORS  REQUIRED  PURSUANT  TO  THIS
 SUBDIVISION SHALL BE CONDUCTED BY ORGANIZATIONS THAT ARE APPROVED BY THE
 SECRETARY  TO OFFER A COURSE AND HAVE SIGNIFICANT EXPERIENCE IN TRAINING
 APPEARANCE ENHANCEMENT BUSINESS OWNERS AND OPERATORS ON HEALTH AND SAFE-
 TY REGULATIONS. THE ADVISORY COMMITTEE SHALL ESTABLISH CRITERIA THAT  AN
 ORGANIZATION SHALL MEET TO ADMINISTER SUCH TRAINING AND QUALIFYING EXAM-
 INATION.  THE  SECRETARY  SHALL  MAINTAIN  A PUBLICLY ACCESSIBLE LIST OF
 APPROVED TRAINING ORGANIZATIONS NO LATER THAN ONE  HUNDRED  TWENTY  DAYS
 AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   §  3. Paragraph e of subdivision 2 of section 406 of the general busi-
 ness law is REPEALED.
   § 4. Subdivision 3 of section 406  of  the  general  business  law  is
 amended by adding a new paragraph c to read as follows:
   C.  EACH  SUCH  APPLICATION  SHALL ALSO BE ACCOMPANIED BY SATISFACTORY
 EVIDENCE OF HAVING TAKEN THE TRAINING AND PASSED THE  APPROPRIATE  EXAM-
 INATION OFFERED BY AN APPROVED ORGANIZATION PURSUANT TO THIS ARTICLE. AN
 APPROVED  ORGANIZATION  SHALL NOTIFY THE DEPARTMENT OF THE RESULTS OF AN
 APPLICANT'S EXAMINATION WITHIN ONE WEEK OF AN APPLICANT'S COMPLETION  OF
 THE TRAINING AND EXAMINATION REQUIRED PURSUANT TO THIS ARTICLE.
   §  5.  This  act shall take effect on the ninetieth day 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.