STATE OF NEW YORK
________________________________________________________________________
7977--A
2017-2018 Regular Sessions
IN ASSEMBLY
May 23, 2017
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Introduced by M. of A. PAULIN -- read once and referred to the Committee
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 licensing of
laser hair removal technicians
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 400 of the general business law,
2 as added by chapter 509 of the laws of 1992, is amended and two new
3 subdivisions 12 and 13 are added to read as follows:
4 6. The practice of "esthetics" means providing for a fee, or any
5 consideration or exchange, whether direct or indirect, services to
6 enhance the appearance of the face, neck, arms, legs, and shoulders of a
7 human being by the use of compounds or procedures including makeup,
8 eyelashes, depilatories, tonics, lotions, waxes, sanding and tweezing,
9 whether performed by manual, mechanical, chemical or electrical means
10 and instruments but shall not include the practice of needle based elec-
11 trology. The practice of "esthetics" shall include laser hair removal or
12 intense pulses of light hair removal performed on any part of the human
13 body.
14 12. "Laser hair removal" means the use of a laser or pulsed light
15 device in a hair removal procedure that does not remove the epidermis.
16 13. "Laser hair removal technician" means a licensed esthetician whose
17 practice is limited to laser hair removal.
18 § 2. Subdivision 5 of section 402 of the general business law, as
19 added by chapter 509 of the laws of 1992, is amended to read as follows:
20 5. Adopt such rules and regulations not inconsistent with the
21 provisions of this article, as may be necessary with respect to the form
22 and content of applications for licenses, the reception thereof, the
23 investigation and examination of applicants and of prospective appli-
24 cants taking examinations and their qualifications, and the other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11453-04-7
A. 7977--A 2
1 matters incidental or appropriate to the powers and duties of the secre-
2 tary as prescribed by this article and for the proper administration and
3 enforcement of the provisions of this article. Nothing in this section
4 shall prohibit the secretary from incorporating competency standards
5 developed by nationally accredited organizations acceptable to the
6 department into requirements for licensure in practice areas when neces-
7 sary to maintain public health and safety.
8 § 3. The general business law is amended by adding a new section 404-c
9 to read as follows:
10 § 404-c. Laser hair removal rules and regulations. 1. (a) The secre-
11 tary shall promulgate rules and regulations which establish standards
12 for the practice and operation of licensed laser hair removal techni-
13 cians in order to ensure the health, safety and welfare of the public
14 including licensees and trainees when they are working in such estab-
15 lishments. Such rules and regulations shall include, but not be limited
16 to: the implementation of a registration fee for laser hair removal
17 establishments; a minimum age requirement for laser hair removal techni-
18 cians; the minimum number of hours of training a trainee must receive
19 from a state approved curriculum; training requirements specifying the
20 minimum number of procedures, specific to each part of the body, to be
21 performed on volunteers; continued certification by a nationally accred-
22 ited organization acceptable to the department.
23 (b) The department may, at its discretion, waive training and curric-
24 ulum requirements for currently employed licensed estheticians perform-
25 ing laser hair removal provided that the licensed esthetician satisfac-
26 torily completes the competency examination approved by the department.
27 (c) The secretary shall require establishments providing laser hair
28 removal to maintain a maintenance of a minimum of one million dollars in
29 liability insurance.
30 2. Every facility that is not a medical practice shall be required to
31 have a laser safety officer certified by an independent laser safety
32 organization acceptable to the department and a consulting physician who
33 is familiar with the use of lasers for hair removal. The consulting
34 physician shall conduct an annual audit of policies and procedures and
35 shall be available throughout the year to see a laser hair removal
36 client in case of injury.
37 § 4. This act shall take effect one year after it shall have become a
38 law. Effective immediately, the addition, amendment and/or repeal of any
39 rule or regulation necessary for the implementation of this act on its
40 effective date are authorized to be made and completed on or before such
41 effective date.
