19 NYCRR 160.27

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.