§ 406. License application; procedure; requirements; temporary
license. 1. a. Any person intending to practice nail specialty, waxing,
natural hair styling, 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.

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, esthetics or cosmetology.

b. Each such application shall also be accompanied by satisfactory
evidence of having taken and passed the appropriate examination or
examinations 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,
esthetics or cosmetology in a school duly licensed pursuant to the
education law.

c. Any applicant for a license to practice nail specialty, waxing,
natural hair styling, esthetics or cosmetology may submit satisfactory
evidence of licensure to practice an equivalent occupation issued by any
other state, territory, protectorate or dependency 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 country 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 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 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
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
practice 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, waxing, natural hair
styling, 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,
partnership 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
insurance.

4. a. Notwithstanding any provision contained in this article to the
contrary, if any person, eligible for any license pursuant to this
article, 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
termination 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, 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, esthetics or
cosmetology after the termination of active military service.