Assembly Bill A11705

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11705
 
                           I N  A S S E M B L Y
 
                             September 2, 2026
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Rosenthal)
   -- read once and referred to the Committee on Economic Development
 
 AN ACT to amend the general business law, in relation to creating a task
   force to examine, evaluate and regulate med  spas  and  providing  for
   certain provisions related to med spas
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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.  1. 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 the provision of service
 by nail specialists, trainees, waxers, natural hair  stylists,  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 shall include education regard-
 ing the provision of services to individuals with  all  hair  types  and
 textures,  including, but not limited to, various curl or wave patterns,
 hair strand thicknesses, and volumes of hair. 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14481-03-6
 A. 11705                            2
 
   2. A. THE SECRETARY SHALL ESTABLISH A MED SPA TASK FORCE  TO  EXAMINE,
 EVALUATE, AND REGULATE MED SPAS.
   B.  SUCH  TASK FORCE SHALL BE COMPOSED OF MEMBERS FROM THE DEPARTMENT,
 THE DEPARTMENT OF HEALTH'S BUSINESS INTELLIGENCE TEAM, THE DEPARTMENT OF
 HEALTH'S BUREAU OF NARCOTIC ENFORCEMENT, AND THE  DEPARTMENT  OF  EDUCA-
 TION.
   C.  SUCH TASK FORCE SHALL CONDUCT JOINT INTRAAGENCY INSPECTIONS ON MED
 SPAS IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION THREE  OF  SECTION
 FOUR  HUNDRED  TEN  OF THIS ARTICLE TO ENSURE COMPLIANCE WITH LICENSING,
 CONTROLLED SUBSTANCE, AND ADVERTISING REGULATIONS.
   § 2. Section 405 of the general business law is amended  by  adding  a
 new subdivision 3 to read as follows:
   3. AN APPEARANCE ENHANCEMENT BUSINESS LICENSEE THAT OPERATES A MED SPA
 SHALL  FILE  AND  MAINTAIN  DURING THE TERM OF THE LICENSE EVIDENCE OF A
 BOND OR LIABILITY INSURANCE WITH A MINIMUM LIMIT OF ONE MILLION DOLLARS.
   § 3. Section 410 of the general business law is amended  by  adding  a
 new subdivision 3 to read as follows:
   3.  INSPECTIONS.  THE SECRETARY OR PERSONS DESIGNATED BY THE SECRETARY
 SHALL CONDUCT AT LEAST ONE UNANNOUNCED COMPREHENSIVE INSPECTION OF  EACH
 MED  SPA  NOT LATER THAN FIFTEEN MONTHS AFTER THE PREVIOUS INSPECTION TO
 DETERMINE THE ADEQUACY OF SERVICES BEING RENDERED.   SUCH  COMPREHENSIVE
 INSPECTION  SHALL  INCLUDE, BUT NOT BE LIMITED TO, A SURVEY TO DETERMINE
 COMPLIANCE BY THE BUSINESS WITH APPLICABLE STATUTES AND REGULATIONS, AND
 OBSERVATION OF A  REPRESENTATIVE  SAMPLE  OF  ALL  CUSTOMERS  AND  THEIR
 RECORDS TO DETERMINE THE QUALITY AND ADEQUACY OF THE SERVICES AND TREAT-
 MENT PROVIDED.
   §  4.  Section  400 of the general business law is amended by adding a
 new subdivision 12 to read as follows:
   12. "MED SPA" MEANS ANY APPEARANCE ENHANCEMENT BUSINESS THAT OFFERS  A
 SERVICE  OR PROCEDURE THAT REQUIRES PROFESSIONAL LICENSURE IN ACCORDANCE
 WITH ARTICLES ONE HUNDRED THIRTY-ONE, ONE HUNDRED  THIRTY-ONE-B  OR  ONE
 HUNDRED THIRTY-NINE OF THE EDUCATION LAW.
   §  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.