NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1916A
SPONSOR: Paulin TITLE OF BILL:
An act to amend the general business law, in relation to licensing of
laser hair removal technicians
PURPOSE:
To license and regulate laser hair removal technicians to ensure the
health, safety and welfare of laser hair removal consumers, and for
technicians and trainees while working in the establishment.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 400 of the general business law by adding defi-
nitions for the practice of laser hair removal and laser hair removal
technicians.
Section 2 amends subdivisions 1 and 3 of section 401 of the general
business law by adding laser hair removal to the list of practices which
require a license under article 27 of the general business law.
Section 3 amends subdivision 1 of section 403 of the general business
law by changing the number of members on the appearance enhancement
advisory committee from nine to 11 by adding one person engaged in laser
hair removal to the committee and stating two physicians licensed in the
state must serve on the board, one of which shall be a person licensed
as a dermatologist.
Section 4 amends section 404 of the general business law to add laser
hair removal technicians to the list of licensees for whom the
Secretary of State may promulgate rules and regulations.
Section 5 adds a new section 404-d to the general business law which
requires the Secretary of State, in consultation with the commissioner
of health and the appearance enhancement advisory committee, to estab-
lish rules and regulations for the practice and operation of licensed
hair removal technicians Such rules and regulations shall include, but
not be limited to: identification of a state approved curriculum for
licensees; the implementation of a registration fee for laser hair
removal establishments; a minimum age requirement for laser hair removal
technicians; the minimum number of hours of training a trainee must
receive from a state approved curriculum; training requirements specify-
ing the minimum number of procedures, specific to each part of the body,
to be performed on volunteers; and continued certification by a
nationally accredited organization accepta- ble to the department. This
section also allows the department, at its discretion, to waive training
and curriculum for a registered professional nurse or licensed estheti-
cian, provided they satisfactorily complete a competency exam. Laser
hair removal establishments must maintain a minimum $1M in liability
insurance. Lastly, this section directs the department of state to
establish a toll-free hotline number for use by laser hair removal
customers for complaints related to practices that result in health or
safety injuries, such number must be conspicuously displayed on the
premises and the department's website. The department shall be required
to investigate all complaints in a timely manner.
Sections 6 and 7 amend subdivisions 1 and 2 of section 406 of the gener-
al business law by adding laser hair removal to the list of practices
which require submission of a license application to the Secretary of
State.
Section 7 additionally provides that every application for a license to
practice laser hair removal shall be accompanied by verification that
such person has met the requirements of a registered professional nurse
pursuant to education law or satisfactory evidence of having taken and
passed the examinations for a license to practice esthetics.
Section 8 amends subdivision 1 of section 407 of the general business
law by adding laser hair removal to the list of practices requiring an
examination for licensure.
Section 9 amends subdivision 1 of section 409 of the general business
law by adding laser hair removal to the list of practices requiring a
fee for licensure.
Section 10 amends subdivision 2 of section 410 of the general business
law by adding laser hair removal to the list of practices that may be
penalized for unlicensed activity.
Section 11 amends subdivision 1 of section 412 of the general business
law by adding laser hair removal to the list of practices against whom
civil penalties may be imposed for violations of this article.
Section 12 provides the effective date.
JUSTIFICATION:
Given growing consumer demand for removing unwanted body hair and the
lack of any applicable state law or regulation that addresses the safe
use of lasers for this purpose outside of physician offices, the need
for this legislation is compelling. New Yorkers who seek these cosmetic
services should be protected. It is an important public safety issue.
Laser hair removal is a non-ablative procedure, meaning it does not
affect skin layers deeper than the outer layer (epidermis). Removing
unwanted body hair by using a laser/pulsed light device is not a medical
procedure. These services are optional, completely voluntary and consum-
er initiated based on a desire to enhance personal appearance, whereas
the practice of medicine involves diagnosing and treating human
diseases, pain, injury, deformity or physical condition. Although laser
hair removal is a service that is frequently offered in medical prac-
tices such as dermatology or plastic surgery, there is no reason to
limit hair removal to medical practitioners. However, it is important to
require appropriate training and guarantee the competence of non-medical
personnel who use lasers for hair removal. While laser hair removal can
be performed safely by non-medical personnel, it is essential that laser
hair removal practitioners fully understand and are competency-tested on
laser technology fundamentals, including equipment calibration, mainte-
nance, and safety standards.
It is important to note that other states increasingly rely upon
nationally accredited organizations to test practitioner competence and
guarantee the safety of 'consumers wishing to avail themselves of laser
hair removal services. The Society for Clinical and Hair Removal offers
a Certified Laser Hair Removal Professional examination and certif-
ication. In fact, this organization requires continuing education in
order to maintain certification. The appropriate oversight resides in
appearance enhancement licenses that are issued by the NYS Department of
State upon satisfactory completion of training and education governed by
the NYS Education Department's Bureau of Proprietary School Supervision.
Due to the state's lack of oversight, the number of laser hair removal
practitioners offering their services in New York today is not known.
This legislation and the ensuing regulations will provide administrative
and disciplinary Oversight essential for the health, safety and welfare
for laser hair removal consumers, trained technicians, trainees, and
establishments.
LEGISLATIVE HISTORY:
A.2623 of 2023 and 2024, referred to economic development. Same as S.
3607 of 2023 and 2024, passed senate both sessions.
A.6156a of 2021 and 2022, amend and recommit to economic development /
Same as S.6665 of 2021 and 2022, referred to economic development
A.821a of 2019 and 2020, referred to economic development /Same as
S.2834 of 2019 and 2020, passed Senate in 2019 and committed to rules in
2020.
A.7977A of 2017 and 2018, referred to economic development in 2017 and
2018 / Same as S.6088A in 2017 and 2018, referred to rules in 2017 and
consumer protection in 2018.
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
Immediately.
