New York regulations
Title 19 Part 160
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19 NYCRR 160.2 - Individual license
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A person shall not engage in the practice of waxing, nail specialty, natural hair styling, esthetics or cosmetology without first having obtained a license therefor.
19 NYCRR 160.3 - Business license
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An owner shall not engage in the business of appearance enhancement without first having obtained a license therefor.
19 NYCRR 160.4 - Area renter business license requirement
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No area renter may engage in appearance enhancement activities without first having obtained a business license therefor.
19 NYCRR 160.5 - Temporary license
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An applicant who meets all requirements of licensure but for the passage of a written and/or practical examination may make application for a temporary license. Such temporary license shall expire six months from issuance. A second temporary license will not be issued without proof that the applicant has passed the written or practical examination.
19 NYCRR 160.6 - Business name
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A business licensee may conduct the business only in the name in which it is licensed.
19 NYCRR 160.7 - Business licenses issued to residential practitioners
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19 NYCRR 160.8 - Remote locations
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A licensee may practice at remote locations, but shall hold an appearance enhancement business license at a fixed location, or shall be directly and actively employed by the holder of an appearance enhancement business license. Any records kept for each service rendered at any remote location must be maintained at the licensed business location for a minimum of three years.
19 NYCRR 160.9 - Bond or liability insurance
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19 NYCRR 160.10 - Posting requirements
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19 NYCRR 160.11 - Owner responsibilities
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19 NYCRR 160.12 - Open sources of ignition
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19 NYCRR 160.13 - Original applications
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In determining qualifications and fitness of an applicant for original licensure pursuant to article 27 of the New York General Business Law, the secretary shall conduct a review of factors unrelated to prior criminal history, including, but not limited to:
19 NYCRR 160.14 - Inspection and investigation
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19 NYCRR 160.15 - Barbering prohibitions
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19 NYCRR 160.16 - Facilities: ancillary provisions
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Cornell supplies a full compiled body current to the scoped Register event; owner review still required.
19 NYCRR 160.17 - Cleaning, disinfection or sterilization of implements
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All supplies and implements shall be transported to and from the remote location in covered containers. Clean implements and supplies (
e.g.,
towels) shall be kept in containers separate from those implements and supplies that have been used and marked according to their status.
19 NYCRR 160.18 - Restricted use of certain items
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19 NYCRR 160.19 - Procedures with respect to blood, body fluids and client contact
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All blood encountered in the workplace shall be treated as if it is infectious. Direct contact with blood should be avoided and disposable gloves used whenever such contact can be reasonably anticipated. In addition to any other statutory or regulatory procedures with respect to blood, body fluids and client contact, the following precautionary measures must be taken:
19 NYCRR 160.20 - Hygienic practices
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19 NYCRR 160.21 - Sanitary dress
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Any clothing worn by licensed individuals shall be clean and pose no health or safety hazard to the client or to the operator while attending a client.
19 NYCRR 160.22 - Sanitary facilities
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The facilities wherein licensed services are provided shall be kept clean and in good repair. Dangerous conditions or hazards shall not be permitted. Specifically:
19 NYCRR 160.23 - Food and beverages
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Food and beverages are not to be prepared, kept or sold in the licensed premises. However, such prohibition shall not apply where such foodstuffs are prepared or kept in a room adequately ventilated with exhaust of fumes away from the public area and completely separate and apart from the workplace, or in the case of beverages which are kept in covered containers.
19 NYCRR 160.24 - Towels and linens
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Every client shall be served with clean, freshly laundered linen or disposable towels. Immediately after use, linens or towels shall be placed in a covered receptacle used for that purpose alone.
19 NYCRR 160.25 - Chemical storage and SDS
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19 NYCRR 160.26 - Product labeling
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In order to assure the safe provision of services to the public, all products used in the conduct of an appearance enhancement business must be maintained with the original manufacturer labeling intact. All bottles containing poisonous or corrosive substances shall be additionally and distinctly marked as such and shall be stored in an area not open or available to the public.
19 NYCRR 160.27 - Applicability
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Appearance enhancement licensure is not applicable to the following: (a) Permanent makeup (micropigmentation): The practice of micropigmentation or tattooing. However, should such practice be performed in an appearance enhancement business, the owner and any licensed operator performing such services shall be responsible for the proper sanitation and disinfection and sterilization of all implements according to applicable State and local standards and regulations. (b) Massage: No appearance enhancement practitioner shall be authorized to practice massage, including manual lymphatic drainage, as defined by section 7801 of the State Education law. Licensed appearance enhancement practitioners may practice light massage of the surface layers of soft tissue for purposes of beautification. (c) Practice of medicine: No appearance enhancement licensee shall be authorized to diagnose or treat diseases, including diseases of the skin, hair and nails. Such activity is within the practice of medicine. An owner shall not permit the practice of medicine at its business location without appropriate licensure therefor. (d) Practice of nursing: No appearance enhancement licensee shall be authorized to practice nursing. An owner shall not permit the practice of nursing at its business location without appropriate licensure therefor. (e) Permanent dyeing. No appearance enhancement licensee shall be authorized or permitted to apply dye of any kind to eyelash or eyebrow hair except as provided in this subdivision. Nothing in this subdivision shall prohibit a licensee from applying products containing silver nitrate color additives to tint eyelash or eyebrow hair, as authorized by the Federal Food and Drug Administration, in accordance with 21 CFR, section 73.2550 . All licensees offering or providing services containing silver nitrate color additives, to tint eyelash or eyebrow hair, shall also be required to apply such products as expressly directed by the manufacturer. 21 CFR 73.2550 (effective November 8, 2021) is incorporated herein by reference. 21 CFR 73.2550 is readily available without charge on the internet at: https://www.ecfr.gov/current/title-21/chapter-I/subchapter-A/part-73/subpart-C/section-73.2550 . Copies may be obtained from the publisher at: U.S. Government Publishing Office, 732 North Capitol Street, NW, Washington, DC 20401-0001. 21 CFR 73.2550 is also available from the Department of State for public inspection and copying at: New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001. (f) Physician's supervision: The performance of services under the direct supervision of a physician or nurse when performed within the direct employ of and on the premises of a medical facility.
19 NYCRR 160.28 - Photograph requirements
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19 NYCRR 160.29 - Untimely renewal
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An individual failing to file for renewal of an appearance enhancement license within five years of the expiration date cited on the individual's license shall be ineligible for such license until he/she passes a written examination.
19 NYCRR 160.30 - Reciprocity
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The department may establish reciprocity with other states when in the judgment of the Secretary of State, the license in the other state was issued in compliance with standards which were not lower than those of the State of New York and provided the other state extends similar reciprocity to the licensees of the State of New York.
19 NYCRR 160.31 - Equivalent occupation
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19 NYCRR 160.32 - Education credit
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Application for full educational credit may be made by individuals who have completed an approved course of study in another jurisdiction that equals or exceeds the number of hours and content required for New York State licensure.
19 NYCRR 160.33 - Verification of education
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- Dec 27, 2023
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An application for licensure must be verified by a representative of the approved appearance enhancement school. A school shall authorize such individual to make such verification, and file such authorization with the department.
19 NYCRR 160.34 - Applicability of examination results
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Passing grades for practical and written examinations in any appearance enhancement discipline may be applied towards licensure for a period of five years.
19 NYCRR 160.35 - Photograph requirement for practical examination
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Any applicant participating in a practical examination must at the time of the examination, submit a recent photograph that contains only the head and full face of the applicant.
19 NYCRR 160.36 - Practical examiners
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Every practical examiner shall be a New York State licensed, practicing cosmetologist, natural hair stylist, esthetician, nail specialist or waxer who has five or more years of active experience in the related discipline.
19 NYCRR 160.37 - Examination interpreters
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If an examination is not available in the applicant's language at the time of application, an examinee who is not fluent in the English language may provide for an interpreter to accompany him or her to the examination. Such interpreter must be fluent in both the examinee's native language and English. The department may refuse entrance to any interpreter who possesses specialized knowledge in appearance enhancement or barber disciplines or who has previously provided interpretive services within a three-month period. Prior to entrance an examinee and interpreter will be required to verify such facts and an interpreter will be required to present three forms of identification acceptable to the department.
19 NYCRR 160.38 - Compliance with other laws
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In the course of its operation of an appearance enhancement business, an owner shall refrain from engaging in any conduct violative of any State or Federal law, rule or regulation.
19 NYCRR 160.39 - Notification of proceeding to direct cessation of unlicensed activity
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- Latest notice
- DOS-35-15-00004-A
- Latest notice date
- Nov 18, 2015
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