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A06578 Summary:

Add §408-b, amd §410, Gen Bus L
Relates to the certification of shampoo assistants; requires applicants of such certificate to have completed a minimum of 500 hours of the required 1,000 hours of an approved course of study in cosmetology in a school duly licensed pursuant to the education law and requires such applicants to remain enrolled in such school until completion of such course.
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A06578 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Woerner
  TITLE OF BILL: An act to amend the general business law, in relation to certification of shampoo assistants   PURPOSE: To establish a certificate program for Shampoo Assistants under the general business law   SUMMARY OF PROVISIONS: Section 1 adds a new section 408-b, which establishes that an applicant for a shampoo assistant certificate must have completed a minimum of 500 hours of the required 1000 hours of an approved cosmetology course, in a duly licensed school; that each application shall be accompanied by a fee; that the certification shall be issued by the secretary after affirmation by a department of education approved school that the indi- vidual has completed the requirements of subdivision 1; that all shampoo assistant certificates shall expire one year from the date of issuance; that a certificate issued pursuant to this section be posted in a conspicuous place in the premises licensed pursuant to this article; that a shampoo assistant certificate holder shall be limited to certain activities; and that the practice of shampoo assistance without the certificate required by this section or while under suspension or revo- cation is a violation and is subject to a civil penalty of up to five hundred dollars for the first violation and one thousand for a second and any subsequent violation. Section 2 amends the opening paragraph of subdivision one of section 410 of the general business law to make certificates subject to suspension, revocation, or a fine. Section 3 establishes the effective date.   JUSTIFICATION: Currently all students who are enrolled in a Health Occupations licens- ing program are required to participate in a school supervised, clinical setting in a Health Care Facility (i.e. hospital, nursing home, long term care facility, etc.). They perform hands-on procedures that are an extension of the instructional program under the direct supervision of a licensed health care professional. This experience allows the individual to gain valuable employability skills and supports the career readiness skills needed for success in the world of work in their chosen career pathway. The exposure for cosmetology students has been limited to observation only work-based learning experiences in salons. Under the current regu- lations, they are not allowed to perform shampoo services on clients and salons are reluctant to hire students with this limitation. Observing advanced procedures and techniques in a salon setting allows students to gain knowledge and skills to better prepare them to successfully complete the licensing exams. This certification will also provide students with an opportunity to gain paid employment and will encourage them to follow through and complete the licensing requirements. The enforcement of the shampoo assistant certification will be handled through the enforcement unit of the Department of State, Licensing Divi- sion by the inspectors that currently now perform inspections of licensed salons. Salons and individuals will be subject to fines if they are found in violation of licensed activity and all shampoo assistant certificates must be clearly posted where the state inspectors can easi- ly see them. The expiration date of the certification will be one year from the date of issuance, students will be eligible to apply for the shampoo assistant certification once they complete a minimum of 500 hours of the cosmetology curriculum and remain enrolled in the 1000-hour cosmetology program. Similar legislation has been by 21 other states around the country.   LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: This bill would provide additional revenue to the state in the way of application fees and fines for practicing as a shampoo assistant without the proper certificate or practicing as a shampoo assistant after the certificate has been suspended or revoked.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and /or repeal of any rule or regulation necessary for the implementa- tion of this act on its effective date are authorized to be made and completed on or before such effective date.
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