Title 19 Part 160

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.

An owner shall not engage in the business of appearance enhancement without first having obtained a license therefor.

No area renter may engage in appearance enhancement activities without first having obtained a business license therefor.

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.

A business licensee may conduct the business only in the name in which it is licensed.

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.

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:

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:

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.

The facilities wherein licensed services are provided shall be kept clean and in good repair. Dangerous conditions or hazards shall not be permitted. Specifically:

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.

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.

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.

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.

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.

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.

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.

Passing grades for practical and written examinations in any appearance enhancement discipline may be applied towards licensure for a period of five years.

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.

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.

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.

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.