Title 19 Part 163

The provisions of this Part apply to the requirements and procedures relating to the courses of instruction required for nail specialist trainees.Notwithstanding any provision to the contrary, no offering of a course of study concerning nail specialist trainees, for the purpose of compliance with article 27 of the New York General Business Law, shall be acceptable for credit unless such course of study has been approved by the Department of State in compliance with this Part.Authority for this Part is provided by article 27 of the New York General Business Law.

Nail specialist trainee courses may be given by any college, university, public or private school accredited or recognized by the Commissioner of Education of the State of New York, or any entity authorized to conduct business within the State and approved by the Department of State pursuant to this Part.No nail specialist trainee course may be affiliated with or controlled by any licensed nail specialist, nail specialist trainee, licensed appearance enhancement business, or affiliated with or controlled by any subsidiary of any licensed appearance enhancement business, or affiliated with or controlled by any subsidiary or applicant thereof.

Applications for approval to conduct courses of study to satisfy the requirements for nail specialist trainees shall be made at least 60 days before the proposed course is to be conducted. The application shall include the following:

Educational requirements for nail specialist trainees shall include the subjects and hours assigned to each subject required by section 162.6 of this Title.

To meet the minimum requirements, attendance shall be computed on the basis of an hour equaling 50 minutes.

No course shall be presented in any location other than a location approved by the department.

Approved entities must provide a copy of the course cancellation and tuition refund policy to each prospective student prior to enrollment and acceptance of any fees.

The Department of State may deny, suspend, or revoke the approval or renewal of a nail specialist trainee course or a nail specialist trainee instructor, if it is determined that they are not in compliance with applicable law and rules, or if the course does not adequately reflect and present current nail specialist knowledge for nail trainee practice, or if the approved entity or instructor has obtained, used or attempted to obtain or use the Department of State’s examination questions or answers concerning any practice for which a license is required pursuant to article 27 of the New York General Business Law. Disciplinary proceedings shall comply with the provisions of article 27 of the New York General Business Law.

A duly authorized representative of the Department of State may audit any course, and may verify attendance and inspect the records of attendance of the course at any time during its presentation or thereafter.

Approved entities may not refuse enrollment by reason of a person or persons particular race, color, religion, national origin, age, sex, sexual orientation, disability, gender identity, military status, familial status or any other protected category under any Federal, State or local law.

There shall be no change or alteration in any approved course of study without prior written notice to, and approval by, the Department of State.

Course approvals shall be valid for 12 months or portion thereof, commencing January 1st or a date thereafter and shall continue until December 31st of each year.

Applications for approval to conduct courses of study to satisfy the requirements for nail specialist trainees by distance learning shall be made at least 60 days before the proposed course is to be conducted. The application shall include the following: