S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8624--A
 
                           I N  A S S E M B L Y
 
                             January 12, 2024
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Economic Development --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation to the practice of
   natural hair care and braiding
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The article heading of article 27 of the  general  business
 law,  as added by chapter 509 of the laws of 1992, is amended to read as
 follows:
                    LICENSING OF NAIL SPECIALTY, NATURAL
                     HAIR [STYLING] CARE AND BRAIDING,
                         ESTHETICS AND COSMETOLOGY
   § 2. Subdivisions 3 and 5 of section 400 of the general business  law,
 subdivision  3  as added by chapter 509 of the laws of 1992 and subdivi-
 sion 5 as amended by chapter 343 of the laws of  1998,  are  amended  to
 read as follows:
   3.  "Licensee"  means  a  person  licensed pursuant to this article to
 engage in the practice of natural  hair  [styling]  CARE  AND  BRAIDING,
 esthetics,  nail  specialty  or cosmetology, or to operate an appearance
 enhancement business in which  such  practice,  as  herein  defined,  is
 provided to the public.
   5. A. The practice of "natural hair [styling] CARE AND BRAIDING" means
 providing for a fee, or any consideration or exchange, whether direct or
 indirect,  any  of  the following services to the hair of a human being:
 WITH ALL RANGES OF HAIR TYPES AND TEXTURES, CONSULTING AND SCALP  ANALY-
 SIS, HAIR TEXTURE ASSESSMENT, shampooing, CONDITIONING, PROVIDING CLEAN,
 BOTANICAL  AND  SUSTAINABLE BEAUTY PRODUCTS WHICH INCLUDE CLARIFYING AND
 MOISTURIZING SHAMPOOS, LEAVE-IN CONDITIONERS AND STEAM HYDRATION  CONDI-
 TIONING,  SCALP  TREATMENTS,  WELLNESS  PRACTICES, HYDRATION AND PROTEIN
 STRENGTHENING   TREATMENTS,   CLAYS,   MASKS,   ESSENTIAL   OILS,    AND
 HERBAL/BOTANICAL  RINSES,  arranging, dressing, twisting, COILING, wrap-
 ping, weaving, extending, locking, PALM ROLLING or braiding the hair  or
 beard  by  either  hand  or mechanical [appliances] EQUIPMENT, INCLUDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13808-05-4
 A. 8624--A                          2
 
 USING CLIPS, COMBS,  CROCHET  NEEDLES,  LATCH-HOOK  TOOLS,  INTERLOCKING
 TOOLS,  SEWING  BLUNT-TIPPED AND CURVE NEEDLES, BEADING PLIERS, CURLERS,
 RODS, ROLLERS, HAIRPINS, SCISSORS, THREAD AND YARN FOR  STYLING  NATURAL
 TEXTURED HAIR OR BRAIDS ON ALL RANGES OF HAIR TYPES AND TEXTURES.
   B.  Such  practice  shall  not  include  cutting,  shaving or trimming
 NATURAL hair except that such activities are permissible to  the  extent
 that  such activities are incidental to the practice of MINOR HAIR SHAP-
 ING OR TRIMMING OF NATURALLY TEXTURED HAIR AFTER  THE  INSTALLATION  AND
 FINISHING  OF  BRAID  HAIR EXTENSIONS, natural hair styling, AND NATURAL
 HAIR BRAIDING.
   C. Such practice shall not include the application of  dyes,  reactive
 chemicals,  or  other  preparations to alter the color or to straighten,
 curl, or PERMANENTLY alter the structure of the hair WITH  CHEMICALS  OR
 HEAT.   Techniques which result in tension on hair roots such as certain
 types of braiding, weaving, wrapping, locking and extending of the  hair
 may  only  be  performed  by  a natural hair [styling] CARE AND BRAIDING
 LICENSEE or cosmetology  licensee  who  has  successfully  completed  an
 approved course of study in such techniques.
   § 3. Section 400 of the general business law is amended by adding nine
 new subdivisions 5-a, 5-b, 5-c, 5-d, 5-e, 5-f, 5-g, 5-h, and 5-i to read
 as follows:
   5-A. "NATURAL HAIR" MEANS ALL VIRGIN HAIR TYPES AND TEXTURES THAT HAVE
 NOT  BEEN  EXPOSED  TO  ANY CHEMICALS OR HEAT STYLING THAT MAY ALTER THE
 NATURAL CURL, COIL OR WAVE PATTERNS OF THE HAIR.
   5-B. "NATURAL HAIR  CARE"  MEANS  THE  MAINTENANCE  AND  OVERALL  CARE
 PERFORMED  BY A NATURAL HAIR CARE SPECIALIST DEDICATED TO THE HEALTH AND
 WELLNESS OF ONE'S HAIR AND SCALP THROUGH PROPER TENSION  TECHNIQUES  AND
 WITHOUT  THE  USE OF CHEMICALS OR THE ALTERATION OF THE STRUCTURE OF THE
 HAIR.
   5-C. "TEXTURED HAIR"  MEANS  TEXTURED  HAIR  TYPES,  INCLUDING  CURLY,
 COILY,  TIGHT  COILY, AFRO COILY, STRAIGHT AND WAVEY, INCLUDING, BUT NOT
 LIMITED TO, VARIOUS CURLY, COILY, WAVY OR  WIRY  PATTERNS,  COMBINATIONS
 AND CONFIGURATIONS, HAIR STRANDS, THICKNESS, AND VOLUMES OF HAIR.
   5-D.  "TEXTURED  HAIR  STYLING"  MEANS THE STYLING PRACTICES AND TECH-
 NIQUES FOR HAIRCARE OF ALL  HAIR  TYPES  AND  TEXTURES  PERFORMED  BY  A
 TEXTURED  HAIRSTYLIST,  INCLUDING  ARRANGING,  DRESSING, CURLY AND COILY
 STYLING, COMB COILING, FINGER COILING,  DOUBLE  STRAND  TWISTING,  FLAT-
 TWISTING  OR  THE  USE OF CURLERS, RODS, ROLLERS/HAIR PINS INCLUDING THE
 PREPARATION OF THE FOUNDATION OF THE HAIR THROUGH WELLNESS PRACTICES  IN
 ORDER  TO  PRESERVE  THE  HEALTH  OF  THE HAIR WITH CLEAN, BOTANICAL AND
 SUSTAINABLE BEAUTY PRODUCTS WHICH INCLUDE  CLARIFYING  AND  MOISTURIZING
 SHAMPOOS, LEAVE-IN CONDITIONERS, STEAM HYDRATION CONDITIONING, HYDRATION
 AND  PROTEIN  STRENGTHENING TREATMENTS, AND HERBAL/BOTANICAL RINSES; AND
 TOPICAL AGENTS SUCH AS GELS AND GELEE, HAIRSPRAY, FOAMS, MOUSSE, MOLDING
 MUDS, MOISTURIZERS, OILS, POMADES, IN CONJUNCTION  WITH  PERFORMING  THE
 PRACTICE  OF  NATURAL HAIR CARE AND BRAIDING. SUCH STYLING SHALL INCLUDE
 THE USE OF BLOW DRYERS AND DIFFUSERS FOR THE PURPOSE OF  DRYING  NATURAL
 TEXTURED STYLES WITH INDIRECT HEAT.
   5-E.  "BRAID"  MEANS THE INTERLACING OF THREE OR MORE STRANDS OF HAIR,
 AND CAN BE WORN IN A VARIETY  OF  STYLES,  INCLUDING  CORNROWS,  TWISTS,
 LOCS, AND BOX BRAIDS WITH OR WITHOUT ADDED HAIR FIBERS.
   5-F.  "BRAIDING"  MEANS THE STYLING PRACTICES AND TECHNIQUES PERFORMED
 BY A BRAID SPECIALIST WHO STYLES  ALL  HAIR  TYPES  AND  TEXTURES  WHICH
 INCLUDES   THE   USE   OF   NATURAL   HUMAN   HAIR   OR  SYNTHETIC  HAIR
 EXTENSION/FIBERS, NATURAL HUMAN HAIR AND SYNTHETIC BLENDED FIBERS, DECO-
 RATIVE BEADS, AND OTHER HAIR ADORNMENTS. MINOR HAIR SHAPING OR  TRIMMING
 A. 8624--A                          3
 
 OF  NATURALLY  TEXTURED  HAIR OR HAIR EXTENSIONS NECESSARY FOR FINISHING
 BRAID HAIR EXTENSIONS MAY OCCUR.   BRAIDING  TYPES  AND  TECHNIQUES  CAN
 INCLUDE, BUT ARE NOT LIMITED TO, INDIVIDUAL BOX BRAIDS, KNOTLESS/FEED-IN
 BRAIDS,  CORNROWS,  STITCH  CORNROWS,  CASAMAS,  PLAITS, BANTU KNOTS, OR
 SENEGALESE TWISTS.
   5-G. "AFRICAN BRAIDING" REFERS TO THE  CULTURAL  REFERENCE  OF  TRADI-
 TIONAL TECHNIQUES OF NATURALLY BRAIDING AND CORNROWING HAIR, ORIGINATING
 FROM AFRICAN COMMUNITIES WITHIN THE AFRICAN DIASPORA.
   5-H.  "LOCKING"  OR  "LOC EXTENSIONS" INCLUDES, BUT IS NOT LIMITED TO,
 WRAPPING THE HAIR,  PALM  ROLLING  TECHNIQUES,  GROOMING,  INTERLOCKING,
 CROCHET  LOCKING, MICRO/LOCKING INCLUDING THE PREPARATION OF THE FOUNDA-
 TION OF THE HAIR THROUGH WELLNESS PRACTICES IN  ORDER  TO  PRESERVE  THE
 HEALTH OF THE HAIR WITH CLEAN, BOTANICAL AND SUSTAINABLE BEAUTY PRODUCTS
 WHICH  INCLUDE CLARIFYING AND MOISTURIZING SHAMPOOS, LEAVE-IN CONDITION-
 ERS, AND STEAM HYDRATION CONDITIONING TREATMENTS, HYDRATION AND MOISTUR-
 IZING TECHNIQUES, PROTEIN STRENGTHENING TREATMENTS, AND HERBAL/BOTANICAL
 RINSES; AND TOPICAL AGENTS SUCH AS GELS  AND  GELEE,  HAIRSPRAY,  FOAMS,
 MOUSSE,  MOLDING  MUDS, MOISTURIZERS, OILS, POMADES, IN CONJUNCTION WITH
 PERFORMING THE PRACTICE OF NATURAL HAIR CARE AND BRAIDING.
   5-I. "WEAVING" AND "EXTENSIONS" MEANS EXTENDING NATURAL TEXTURED  HAIR
 WITH THE ADDITION OF BRAIDS, LOCS OR ADDITIONAL TEXTURED HAIR WITH HUMAN
 HAIR,  SYNTHETIC  FIBERS,  AND  HAIR  EXTENSION; THE MAKING OF WIGS FROM
 HUMAN HAIR, SYNTHETIC FIBERS, AND HAIR EXTENSIONS INCLUDING THE PREPARA-
 TION OF THE FOUNDATION OF THE HAIR THROUGH WELLNESS PRACTICES  IN  ORDER
 TO PRESERVE THE HEALTH OF THE HAIR WITH CLEAN, BOTANICAL AND SUSTAINABLE
 BEAUTY  PRODUCTS  WHICH  INCLUDE  CLARIFYING  AND MOISTURIZING SHAMPOOS,
 LEAVE-IN CONDITIONERS,  AND  STEAM  HYDRATION  CONDITIONING  TREATMENTS,
 HYDRATION AND MOISTURIZING TECHNIQUES, PROTEIN STRENGTHENING TREATMENTS,
 AND  HERBAL/BOTANICAL RINSES; AND TOPICAL AGENTS SUCH AS GELS AND GELEE,
 HAIRSPRAY, FOAMS, MOUSSE, MOLDING MUDS, MOISTURIZERS, OILS, POMADES,  IN
 CONJUNCTION WITH PERFORMING THE PRACTICE OF NATURAL HAIR CARE AND BRAID-
 ING.
   §  4. 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 and a
 new subdivision 4 is added to read as follows:
   1. No person shall engage in the practice of nail  specialty,  waxing,
 natural  hair  [styling] CARE AND BRAIDING, 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. 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] CARE AND BRAIDING, esthetics
 or cosmetology 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.
   4. NOTWITHSTANDING THE  PROVISIONS  OF  THIS  SECTION,  AN  UNLICENSED
 PERSON  PRACTICING  NATURAL  HAIR  CARE AND BRAIDING IN THE STATE OF NEW
 YORK OR ANY OTHER STATE OR COUNTRY FOR AT  LEAST  FIVE  YEARS  SHALL  BE
 PERMITTED  TO  APPLY  FOR  A LICENSE IN NEW YORK STATE.  SUCH APPLICANTS
 SHALL BE ISSUED A TEMPORARY LICENSE AFTER  PROVIDING  EVIDENCE  OF  SUCH
 A. 8624--A                          4
 
 REQUIRED  WORK  EXPERIENCE  IN  A  FORM APPROVED BY THE DEPARTMENT. SUCH
 APPLICANTS SHALL BE REQUIRED TO FULFILL ALL REQUIREMENTS UNDER  SUBDIVI-
 SION  THREE  OF  SECTION  FOUR  HUNDRED-EIGHT-C OF THIS ARTICLE PRIOR TO
 BEING LICENSED.  THE SECRETARY OF STATE SHALL PROMULGATE RULES AND REGU-
 LATIONS WITH INPUT FROM THE ADVISORY COMMITTEE ESTABLISHED UNDER SECTION
 FOUR HUNDRED THREE OF THIS ARTICLE TO ENSURE SUCH LICENSING.
   §  5.  Section  404 of the general business law, as amended by chapter
 664 of the laws of 2023, 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] CARE AND BRAIDING SPECIALISTS, estheticians,  and  cosmetolo-
 gists  and  the  provision  of  service  by  nail specialists, trainees,
 waxers, natural hair [stylists] CARE AND BRAIDING SPECIALISTS,  estheti-
 cians  or  cosmetologists  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 specialists and
 trainees shall include education in the area of causes of infection  and
 bacteriology. Regulations setting forth the educational requirements for
 cosmetologists  [or], natural hair [stylists] CARE AND BRAIDING SPECIAL-
 ISTS AND NATURAL HAIR CARE AND BRAIDING APPRENTICES shall include educa-
 tion regarding the provision of services to individuals  with  all  hair
 types and textures, including, but not limited to, various curl, COIL or
 wave  patterns,  hair  strand  thicknesses, and volumes of hair.   ADDI-
 TIONALLY, SUCH REGULATIONS FOR NATURAL HAIR CARE AND  BRAIDING  SPECIAL-
 ISTS AND NATURAL HAIR CARE AND BRAIDING APPRENTICES SHALL INCLUDE EDUCA-
 TION  IN  THE  AREA  OF NATURAL HAIR CARE AND BRAID TECHNIQUES, CAUSE OF
 INFECTION AND BACTERIOLOGY, ALOPECIA AND SCALP DISORDERS  AND  DISEASES,
 SALON HEALTH AND SAFETY PROTOCOLS AND THE SCIENCE OF SANITARY PRACTICES.
 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 FROM BEAUTY SCHOOLS AND ACADEMIES as may be  appropriate
 in determining minimum training requirements.
   §  6. Section 406 of the general business law, as added by chapter 509
 of the laws of 1992, subdivisions 1, 2 and 4 as amended by  chapter  341
 of  the laws of 1998, paragraph e of subdivision 1 as amended by chapter
 376 of the laws of 2015, paragraph f of subdivision 1 as added by  chap-
 ter  80  of the laws of 2015, paragraph c of subdivision 2 as amended by
 section 3 of part D of chapter 328 of the laws of 2014 and  paragraph  a
 of  subdivision  3  as  amended  by  chapter 324 of the laws of 1998, is
 amended to read as follows:
   §  406.  License  application;  procedure;   requirements;   temporary
 license.  1. a. Any person intending to practice nail specialty, waxing,
 natural  hair  [styling]  CARE AND BRAIDING, esthetics or cosmetology 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.
 A. 8624--A                          5
 
   b. Such application shall be in a form and manner  prescribed  by  the
 secretary  and  shall  contain  such  information as, in the secretary's
 judgment, is reasonable and necessary to  determine  the  qualifications
 and fitness for licensing of the applicant.
   c.  The  application shall be subscribed by the applicant and affirmed
 under penalty of perjury.
   d. Each application shall be accompanied by  the  appropriate  fee  as
 prescribed by this article.
   e.  Each  application  shall be accompanied by a certificate of a duly
 licensed physician, or nurse practitioner to the  extent  authorized  by
 law  and  consistent with subdivision three of section six thousand nine
 hundred two of the education law on a form prescribed by the  secretary,
 showing  freedom  from  any  infectious  or  communicable  disease which
 certificate shall have been issued within thirty days prior to the  date
 of the filing of the application.
   f.  Notwithstanding  the  educational  requirements of this section, a
 trainee may obtain a license to practice nail specialty if such  trainee
 provides  satisfactory  evidence  to the secretary that such trainee has
 been actively engaged in a traineeship for a period of one year and  has
 completed  a  course of study set forth by the secretary. Such course of
 study may be delivered by electronic means.
   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] CARE AND BRAIDING, 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]  CARE
 AND  BRAIDING, esthetics or cosmetology in a school duly licensed pursu-
 ant to the education law.
   c. Any applicant for a license to  practice  nail  specialty,  waxing,
 natural  hair  [styling] CARE AND BRAIDING, esthetics or cosmetology 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] CARE AND BRAIDING SPECIALIST, esthetician
 or cosmetologist who shall provide satisfactory evidence he or  she  has
 been  actively and continuously engaged in the practice of nail special-
 ty, waxing, natural hair  [styling]  CARE  AND  BRAIDING,  esthetics  or
 cosmetology  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]  CARE AND BRAIDING, esthetics or cosmetology pursuant to
 A. 8624--A                          6
 
 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 APPLY FOR A TEMPORARY NATURAL HAIR CARE
 AND  BRAIDING  LICENSE  IN ORDER TO STUDY AND TAKE THE NATURAL HAIR CARE
 AND BRAIDING WRITTEN EXAMINATION.   UPON PASSING, SUCH  LICENSED  BARBER
 SHALL  be  issued  a license to practice natural [hairstyling] HAIR CARE
 AND BRAIDING.  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] CARE AND BRAIDING, esthetics or cosmetology, 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.
   3. Appearance enhancement business license. a.  Any  person,  eighteen
 years  of age or older, or any firm, limited liability company, partner-
 ship or corporation having at least one member eighteen years of age  or
 older  may apply to the secretary for an appearance enhancement business
 license.
   b. Each  such  application  for  an  appearance  enhancement  business
 license  shall  be accompanied by evidence of a bond or liability insur-
 ance.
   4. a. Notwithstanding any provision contained in this article  to  the
 contrary, if any person, eligible for any license pursuant to this arti-
 cle,  should  be called to active military service at or during the time
 application for any license is required to  be  filed  and  license  fee
 paid,  pursuant  to  the  provisions  of this article, the period within
 which said application may be filed and license  fee  may  be  paid,  is
 extended  on  behalf of such person, until three months after the termi-
 nation of said military service.
   b. In the case of persons who are called to  active  military  service
 and  will  be discharged from active military service, the period of two
 years specified in paragraph d of subdivision two of this  section  need
 not  be  continuous.  The  length of time such person was engaged in the
 practice of nail specialty, waxing,  natural  hair  [styling]  CARE  AND
 BRAIDING,  esthetics  or  cosmetology  before  entering  active military
 service may be added to any period of time during which such person  was
 or  is  engaged  in the practice of nail specialty, waxing, natural hair
 [styling] CARE AND BRAIDING, esthetics or cosmetology after  the  termi-
 nation of active military service.
   §  7.  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]
 CARE  AND  BRAIDING,  esthetics, nail specialty and cosmetology 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
 A. 8624--A                          7
 
 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.
   § 8. The general business law is amended by adding a new section 408-c
 to read as follows:
   § 408-C. NATURAL HAIR CARE AND BRAIDING APPRENTICE.  1. A NATURAL HAIR
 CARE  AND  BRAID  APPRENTICE  SHALL BE A PERSON PURSUING IN GOOD FAITH A
 COURSE OF STUDY IN THE PRACTICE OF NATURAL HAIR CARE AND BRAIDING  UNDER
 THE  TUTELAGE,  SUPERVISION,  AND  DIRECTION  OF A NATURAL HAIR CARE AND
 BRAIDING LICENSEE AND WHO ASSISTS SUCH LICENSEE IN  SUCH  PRACTICE.    A
 BUSINESS  APPEARANCE  ENHANCEMENT LICENSED SALON SHALL REGISTER WITH THE
 DEPARTMENT OF LICENSING TO PARTICIPATE IN SUCH APPRENTICE  PROGRAM.  THE
 SECRETARY  OF  STATE  SHALL  PROMULGATE  RULES AND REGULATIONS REGARDING
 SALONS AND SALON SUPERVISORS, FOR TUTELAGE, GUIDELINES AND  REQUIREMENTS
 OF  NATURAL  HAIR  CARE  AND  BRAID INSTRUCTORS AND TEXTURED HAIRSTYLIST
 INSTRUCTORS. THE ADVISORY COMMITTEE ESTABLISHED UNDER THIS ARTICLE SHALL
 ADVISE ON SUCH RULES AND REGULATIONS.
   2. A. A CERTIFICATE OF REGISTRATION AS AN APPRENTICE SHALL  BE  FOR  A
 PERIOD  OF TWO YEARS AND SHALL BE RENEWABLE FOR AN ADDITIONAL TWO YEARS,
 IF NECESSARY.
   B. EACH CERTIFICATE OF REGISTRATION ISSUED AS PROVIDED IN THIS SECTION
 SHALL BE POSTED IN SOME CONSPICUOUS PLACE WHERE SUCH APPRENTICE IS ACTU-
 ALLY ENGAGED IN THE PRACTICE OF NATURAL HAIR CARE  AND  BRAIDING  AS  AN
 APPRENTICE.
   3.  A  MANDATORY  TWENTY-FIVE HOUR ONLINE OR IN-PERSON COURSE OF STUDY
 SHALL BE REQUIRED FROM AN ACCREDITED SCHOOL APPROVED  BY  THE  NEW  YORK
 STATE DEPARTMENT OF LICENSING IN THE AREAS OF HEALTH AND SAFETY, SCIENCE
 AND SANITARY PRACTICES, AND ALOPECIA AND SCALP DISORDERS.
   4. UPON COMPLETION OF THE REQUIREMENTS OF THIS SECTION, THE APPRENTICE
 SHALL BE ELIGIBLE TO APPLY FOR A NATURAL HAIR CARE AND BRAIDING 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]  CARE
 AND BRAIDING, esthetics or cosmetology, 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] CARE
 AND BRAIDING, esthetics or cosmetology for which a license  is  required
 by this article upon a determination that a person, partnership, 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]
 CARE AND BRAIDING SPECIALIST, esthetician or cosmetologist  within  this
 state  without  a  valid  license  being in effect. The secretary shall,
 before making such determination and order, afford such person, partner-
 ship, limited liability company or business corporation  an  opportunity
 to be heard in person or by counsel in reference thereto in an adjudica-
 tory  proceeding  held  pursuant  to section four hundred eleven of this
 article as applicable.
 A. 8624--A                          8
 
   § 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] CARE
 AND  BRAIDING, esthetics or cosmetology 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 on the sixtieth day  after  it  shall
 have  become  a law; provided, however, the amendments to section 404 of
 the general business law made by section five of  this  act  shall  take
 effect  on  the same date and in the same manner as section 3 of chapter
 664 of the laws of 2023, takes effect.