Licensing of Nail Specialty, Natural Hair Styling, Waxing, Esthetics and Cosmetology
400 Definitions
401 License required
402 Powers of the Secretary of State
403 Advisory committee
404 Rules and regulations
404-a Monomeric methyl methacrylate
405 Appearance enhancement business license; requirements
406 License application; procedure; requirements; temporary license
407 Examinations
408 Licenses; display; renewal; duplicates
409 Fees
410 Administration
411 Denial of license; complaints; notice of hearing
412 Civil penalties
413 Judicial review
414 Official acts used as evidence
415 Disposition of moneys
416 Application of article
417 Separability clause
Appearance Enhancement Rules and Regulations
This information is not the official version of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR). No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. To ensure accuracy and for evidentiary purposes, reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
Section
160.1 Definitions
160.2 Individual license
160.3 Business license
160.4 Area renter business license requirement
160.5 Temporary license
160.6 Business name
160.7 Business licenses issued to residential practitioners
160.8 Remote locations
160.9 Bond or liability insurance
160.10 Posting requirements
160.11 Owner responsibilities
160.12 Open sources of ignition
160.13 [Reserved]
160.14 Inspection and investigation
160.15 Barbering prohibitions
160.16 Facilities: ancillary provisions
160.17 Cleaning, disinfection or sterilization of implements
160.18 Restricted use of certain items
160.19 Procedures with respect to blood, body fluids and client contact
160.20 Hygienic practices
160.21 Sanitary dress
160.22 Sanitary facilities
160.23 Food and beverages
160.24 Towels and linens
160.25 Chemical storage and MSDS
160.26 Product labeling
160.27 Applicability
160.28 Photograph requirements
160.29 Untimely renewal
160.30 Reciprocity
160.31 Equivalent occupation
160.32 Education credit
160.33 Verification of education
160.34 Applicability of examination results
160.35 Photograph requirement for practical examination
160.36 Practical examiners
160.37 Examination interpreters
160.38 Compliance with other laws
Appearance Enhancement: Curriculum
This information is not the official version of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR). No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. To ensure accuracy and for evidentiary purposes, reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, West, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
Section
162.1 Nail specialty
162.2 Esthetics
162.3 Natural hair styling
162.4 Cosmetology
162.5 Waxing
§400. Definitions
As used in this article, unless the context requires otherwise:
1. "Secretary" means the Secretary of State.
2. "Person" means an individual, firm, limited liability
company, partnership or corporation.
3. "Licensee" means a person licensed pursuant
to this article to engage in the practice of natural hair
styling, esthetics, nail specialty, cosmetology or waxing, or to operate an
appearance enhancement business in which such practice, as herein defined, is
provided to the public.
4. The practice of "nail specialty" means providing
services for a fee or any consideration or exchange to
cut, shape or to enhance the appearance of the nails of
the hands or feet. Nail specialty shall include the application and removal
of sculptured or artificial nails.
5. The practice of "natural hair styling" means providing
for a fee, or any consideration or exchange, whether direct or indirect, any
of the following services to the hair of a human being: shampooing, arranging,
dressing, twisting, wrapping, weaving, extending,
locking or braiding the hair or beard by either hand or
mechanical appliances. Such practice shall not include
cutting, shaving or trimming hair except that such
activities are permissible to the extent that such activities are incidental
to the practice of natural hair styling. Such practice shall not include the
application of dyes, reactive chemicals, or other preparations to alter the
color or to straighten, curl, or alter the structure of the
hair. Techniques which result in tension on hair roots
such as certain types of braiding, weaving, wrapping,
locking and extending of the hair may only be performed by a natural hair styling
or cosmetology licensee who has successfully completed an approved course of
study in such techniques.
6. The practice of "esthetics" means providing for
a fee, or any consideration or exchange, whether direct
or indirect, services to enhance the appearance of the
face, neck, arms, legs, and shoulders of a human being
by the use of compounds or procedures including
makeup, eyelashes, depilatories, tonics, lotions, waxes,
sanding and tweezing, whether performed by manual,
mechanical, chemical or electrical means and instruments but shall not include
the practice of electrology.
7. The practice of "cosmetology" means providing
the services described in subdivisions four, five and
six of this section, providing service to the hair, head,
face, neck or scalp of a human being, including but
not limited to shaving, trimming, and cutting the hair
or beard either by hand or mechanical appliances and
the application of antiseptics, powders, oils, clays,
lotions or applying tonics to the hair, head, or scalp,
and in addition includes providing, for a fee or any
consideration or exchange, whether direct or indirect,
services for the application of dyes, reactive chemicals,
or other preparations to alter the color or to straighten,
curl, or alter the structure of the hair of a human being.
8. "Appearance enhancement business" means the
business of providing any or all of the services licensed
pursuant to this article at a fixed location.
9. "Department" means the Department of State.
10. The practice of "waxing" means providing for
a fee, or any consideration or exchange, whether direct
or indirect, services to enhance the appearance of the
face, neck, arms, legs, or shoulders of a human being
by the removal of hair by the use of depilatories, waxes
or tweezing but shall not include the practice of
electrology.
§401. License required
1. No person shall engage in the practice of nail
specialty, waxing, natural hair styling, esthetics or
cosmetology, as defined in §400 of this article, without
having received a license to engage in such practice
in the manner prescribed in this article.
2. No person shall own, control or operate, whether
as a sole proprietor, partner, shareholder, officer, independent contractor
or other person, an appearance enhancement business without having received a
license for such business in the manner provided in this article.
3. A person licensed by any other state or country
to practice nail specialty, waxing, natural hair styling,
esthetics or cosmetology shall be allowed to practice
in New York State for three months or less within any
calendar year for the purpose of giving to, or receiving
from, persons who are licensed under this article training in current styles,
techniques or materials, provided however, that no such unlicensed person may
provide services to the public for any fee, or other compensation, whether direct
or indirect.
§402. Powers of the Secretary of State
In addition to the powers and duties elsewhere prescribed in this article,
the secretary shall have power to:
1. Appoint a sufficient number of assistants, inspectors
and other employees as may be necessary to carry out the provisions of this article,
to prescribe their duties, and to fix their compensation within the amount
appropriated therefor;
2. Examine the qualifications and fitness of applicants
for licenses and prospective applicants taking examinations under this article;
3. Keep records of all licenses issued, suspended
or revoked, or orders directing the cessation of unlicensed activities;
4. Prepare a manual of rules and regulations for the
conduct of examinations and to furnish copies thereof
to persons desiring the same upon payment of a reason
able fee therefor; and
5. Adopt such rules and regulations not inconsistent
with the provisions of this article, as may be necessary
with respect to the form and content of applications for
licenses, the reception thereof, the investigation and
examination of applicants and of prospective applicants
taking examinations and their qualifications, and the
other matters incidental or appropriate to the powers
and duties of the secretary as prescribed by this article
and for the proper administration and enforcement of
the provisions of this article.
§403. Advisory committee
1. There shall be established within the department
an advisory committee which shall consist of nine
members broadly representative of the appearance
enhancement industry, including one person engaged
in the practice of either nail specialty or waxing, two
persons engaged in natural hair styling, one of whom
shall be knowledgeable in the practice of styling techniques which place tension
on the hair roots, one person engaged in esthetics, two persons engaged in cosmetology,
two persons engaged in training of persons for such practices, and one person
licensed as a dermatologist. The secretary shall appoint such persons to serve
on the advisory committee, provided, that two shall be appointed by the secretary
on the recommendation of the temporary president of the senate and two shall
be appointed by the secretary on the recommendation of the speaker of the assembly.
Each member of the committee shall be appointed for terms of two
years. Any member may be reappointed for additional
terms. The secretary shall designate from among the
members of the committee a chairperson who shall
serve at the pleasure of the secretary.
2. The advisory committee shall meet no less than
three times each year.
3. The advisory committee shall advise the Secretary
on all matters relating to this article, and on such other matters as the secretary
shall request. In advising the secretary on matters concerning professional education
or curriculum, the advisory committee shall, to the extent practicable, consult
with the State Education Department.
4. The secretary shall designate an employee of the
department to act as secretary of the advisory commit
tee, and shall provide such advisory committee such
stenographic or other assistance as may be necessary.
5. Members of the advisory committee shall receive
no compensation but shall be entitled to actual and
necessary traveling and other expenses while engaged
in the performance of such member's duties hereunder.
§404. Rules and regulations
The secretary shall promulgate rules and regulations
which establish standards for practice and operation
by licensees under this article in order to ensure the
health, safety and welfare of the public. Such rules
and regulations shall include, but not be limited to, the
sanitary conditions and procedures required to be
maintained, a minimum standard of training appropriate to the duties of nail
specialists, waxers, natural hair stylists, estheticians, and cosmetologists
and the provision of service by nail specialists, waxers, natural hair stylists,
estheticians or cosmetologists at remote locations other than the licensee's
home provided that such practitioner holds an appearance enhancement business
license to operate at a fixed location or is employed by the holder of an appearance
enhancement business license. Regulations setting forth the educational requirements
for nail specialists shall include education in the area of causes of infection
and bacteriology. In promulgating such rules and regulations the secretary
shall consult with the State Education Department, the advisory committee established
pursuant to this article, any other state agencies and private industry representatives
as may be appropriate in determining minimum training requirements.
§404-a. Monomeric methyl methacrylate.
1. No owner or operator of an appearance
enhancement business shall knowingly and willfully:
a. sell, use or apply to any person monomeric methyl
methacrylate; or
b. direct any agent or employee of such business to sell,
use or apply to any person monomeric methyl methacrylate.
2. A first violation of this section shall be punishable
by a civil penalty of not more than one thousand dollars. A second or any subsequent
violation of this section shall be a class B misdemeanor.
§405. Appearance enhancement business
license; requirements
1. Any person who receives an appearance enhancement
business license shall operate such business at the location named in the license
and in accordance with the rules and regulations promulgated by the secretary
pursuant to §404
of this article. Any or all of the practices regulated by this article may
be provided under one appearance enhancement business license
so long as each practitioner is an appropriate licensee.
2. An appearance enhancement business licensee
shall file and maintain during the term of the license
evidence of a bond or liability insurance.
§406. License application; procedure;
requirements; temporary license
1. a. Any person intending to practice nail specialty,
waxing, natural hair styling, esthetics or cosmetology as defined in this article,
or to own or operate an appearance enhancement business, shall first make application
to the secretary for a license therefor.
b. Such application shall be in a form and manner prescribed
by the secretary and shall contain such information as, in the secretary's judgment,
is reasonable and necessary to determine the qualifications and fitness for licensing
of the applicant.
c. The application shall be subscribed by the applicant
and affirmed under penalty of per jury.
d. Each application shall be accompanied by the appropriate
fee as prescribed by this article.
e. Each application shall be accompanied by a certificate of a duly licensed physician, or nurse practitioner to the extent authorized by law and consistent with the written practice agreement pursuant to subdivision three of section 6902 of the education law on a form prescribed by the secretary, showing freedom from any infectious or communicable disease which certificate shall have been issued within 30 days prior to the date of the filing of the application.
2. a. Any person 17 years of age or older may apply to
the secretary for a license to practice nail specialty, waxing, natural hair
styling, esthetics or cosmetology.
b. Each such application shall also be accompanied by
satisfactory evidence of having taken and passed the appropriate examination
or examinations offered by the secretary pursuant to this article for the license
sought and evidence of the successful completion of an approved course of study
in nail specialty, waxing, natural hair styling, esthetics or cosmetology in
a school duly licensed pursuant to the Education Law.
c. Any applicant for a license to practice nail specialty,
waxing, natural hair styling, esthetics or cosmetology may submit satisfactory
evidence of licensure to practice an equivalent occupation issued by any other
state, territory, protectorate or dependency
of the United States or any other country in
lieu of the evidence of schooling and examination required by this subdivision,
provided that such license was granted in compliance with standards which were,
in the judgment of the secretary, not lower than those of this State and provided
that such state, territory, protectorate, dependency, or country extends similar
reciprocity to the licensees of this State or the applicant practiced an equivalent
occupation in such state, territory, protectorate, dependency or country for
a minimum of five years.
d. Notwithstanding the educational requirements of this
section and the testing requirements of this section, an applicant who otherwise
has met the licensing requirements of this article for a nail specialist, waxer,
natural hair stylist, esthetician or cosmetologist who shall provide satisfactory
evidence he or she has been actively and continuously engaged in the practice
of nail specialty, waxing, natural hair styling, esthetics or cosmetology for
at least one year prior to the effective date of this article, may be issued
a license for nail specialty, waxing, natural hair styling, esthetics or cosmetology
pursuant to this article. Notwithstanding the educational and testing requirements
of this section, a person licensed to practice barbering under article 28 of
this chapter who otherwise has met the licensing requirements of this article
may be issued a license to practice natural hairstyling. Other than applicants
licensed under article 28 of this chapter, those persons who apply after a 12-month
period from the effective date of this article will be required to provide evidence
of training and to take the examination or
examinations as required for other licenses
pursuant to this article.
e. Upon acceptance by the secretary of a proper
application for an operator's license to practice nail speciality, waxing,
natural hair styling, esthetics or cosmetology, the secretary may issue a temporary
operator's license which shall expire six months from issuance. Upon good cause
shown, the secretary may renew a temporary operator's license for one additional
six-month period upon filing the appropriate application and fee.
3. Appearance enhancement business license.
a. Any person, 18 years of age or older, or any firm,
limited liability company, partnership or corporation having at least one member
18 years of age or older may apply to the secretary for an appearance enhancement
business license.
b. Each such application for an appearance enhancement
business license shall be accompanied by evidence of a bond or liability insurance.
4. a. Notwithstanding any provision contained in
this article to the contrary, if any person,
eligible for any license pursuant to this article, should be called to active
military service at or during the time application for any license is required
to be filed and license fee paid, pursuant to the provisions of this article,
the period within which said application may be filed and license fee may be
paid, is extended on behalf of such person, until three months after the termination
of said military service.
b. In the case of persons who are called to active military
service and will be discharged from active military service, the period of two
years specified in paragraph d of subdivision 2 of this section need not be continuous.
The length of time such person was engaged in the practice of nail specialty,
waxing, natural hair styling, esthetics or cosmetology before entering active
military service may be added to any period of time during which such person
was or is engaged in the practice of nail specialty, waxing, natural hair styling,
esthetics or cosmetology after the termination of active military service.
§407. Examinations
1. The examinations for the license to practice natural
hair styling, esthetics, nail specialty and cosmetology shall be practical and
written. The examination for the license to practice waxing shall be limited
to a written examination only. The secretary shall determine reasonable standards
of performance for each license and shall evaluate the prospective applicants
and applicants on the basis of such standards. The
objectives of the examinations shall be to insure that
prospective applicants and applicants have sufficient
basic skills to safeguard the health and safety of the
public and to insure that prospective applicants and
applicants have attained adequate levels of skill to
competently engage in the activities authorized by the
license.
2. The secretary shall prepare examination questions
for persons to qualify for licensure under this article. All such examinations
shall be the same for all persons for the license sought at any given examination.
Such test shall not be limited to any specific method or system.
3. Examinations shall be in the English language
and, at the discretion of the secretary, may be translated or transposed into
any other language if requested by the prospective applicant and upon satisfactory
proof of the need therefor provided that a request for
such a translated examination is made of the secretary
at the time the application for license is filed. In the
case of physically disabled persons, provision for the
alternative administration of the examination may be
made, provided a request for such procedure is made
of the secretary a reasonable time in advance of the
examination. Examinations shall be held at least quarterly and shall be given
in at least four convenient places in the State.
§408. Licenses; display; renewal;
duplicates
1. All licenses shall expire two years from the date
of issuance.
2. No license shall be assignable or transferrable
except pursuant to the provisions of this article.
3. An appearance enhancement business license
may be assigned. When the appearance enhancement
business licensee is a partnership or a limited liability
company, or a corporation, the license may be assigned
upon the consent of all members of a partnership or a
majority of the voting members of a limited liability
company or the majority shareholders of a corporation,
respectively. The application for such transfer or assignment must be accompanied
by proof satisfactory to the department that the requirements herein provided
have been complied with. No assignment or transfer
shall become effective unless and until the endorsement
has been made on the face of the license by the department and such license,
as endorsed, has been returned to the assignee or transferee. All such requests
for endorsements shall be accompanied by a $5 fee. A
bona fide purchaser of a licensed appearance enhancement business may continue
to use the license of the seller for a period of 30 days from the date of the
sale, provided there is endorsed on the face thereof the name
of the purchaser, the date of the sale, and the signatures
of the seller and the purchaser; and provided further
within five working days from the date of the sale an
application, in accordance with the provisions of this
article, shall be presented by the purchaser to the secretary for an appearance
enhancement business license.
4. An appearance enhancement business license
issued to an individual or to a partnership may be used
after the death of the licensed individual or co-partner
by the next of kin or duly appointed administrator or
executor in the name of the estate for a period of not
more than 120 days from the date of death of such individual or co-partner
provided that there is endorsed upon the face of the license certificate after
the name of the decedent the word "deceased", the date of death
and the name of the next of kin, administrator or executor under whose authority
the license is being used; the period of 120 days aforesaid may be extended
upon application to the Secretary of State and for good cause
shown for an additional period not to exceed 120 days.
Any license so continued which shall expire during
such period of 120 days or the extension thereof may
be renewed by the next of kin, administrator or executor for the balance of
such period or the extension thereof.
5. A license certificate issued pursuant to this
article shall be posted in some conspicuous place in
the licensed premises or in the place where the practice
of an occupation licensed pursuant to this article is
conducted. At the entrance to each licensed premises
or at the entrance to any place where the practice of
an occupation licensed pursuant to this article is
conducted, a sign shall be posted which shall include
the rules and regulations governing such practice and
a manner in which aggrieved persons may register a
complaint with the department. The department shall
prepare and furnish such sign to each licensee.
6. Any license, which has not been suspended or
revoked, may, upon the payment of the renewal fee,
be renewed for additional periods of two years from
its application, without further examination, upon the
filing of an application for such renewal, on a form to
be prescribed by the secretary.
7. Any person failing to file for renewal of a license
pursuant to the provisions of this article within one
year immediately following the expiration of such
person's last license shall pay an additional fee of $10,
and if such person fails to file application and fee for
renewal within five years, such person shall be ineligible for such license
until such person shall have again passed an examination.
8. A duplicate license certificate may be issued for
one lost, destroyed or mutilated upon the application
therefor on a form prescribed by the secretary and the
payment of the fee prescribed therefor by this article.
Each such duplicate license shall have the word "duplicate" stamped across
the face thereof and shall bear the same number as the one it replaces.
9. Notice in writing shall be given the secretary at
the office of the secretary in Albany by the holder of
an appearance enhancement business license of any
change of address. The licensee shall correct the address on the license upon
the filing of such notice.
10. Any licensee who fails to file any notice of
change in the status of a license required by the provisions of this article
shall be subject to the monetary fines set forth in §410 of this article.
11. Such license certificate shall contain a photograph
of the licensee and the licensee's name. Nowhere on the license shall be the
address of the licensee.
§409. Fees
1. The non-refundable fee for an application for a
license to engage in the practice of nail specialty, waxing, natural hair styling,
esthetics or cosmetology, shall be $20 initially and for each renewal thereof
the fee shall be $20; the fee for a temporary license and each
renewal shall be $10.
2. The fee for an appearance enhancement business
license shall be $30 initially and $30 for each renewal
thereof.
3. The secretary shall receive a non-refundable
examination fee of $15 from each person who takes a
written examination pursuant to this article. Fees collected for written examinations
shall be paid into the licensing examinations services account, pursuant to
§97-aa of the State Finance Law.
4. The fee for issuing a duplicate license certificate,
in substitution for one lost, destroyed or mutilated shall
be $10.
5. The fee for changing a name on an appearance
enhancement business license shall be $30.
6. The fee for changing the address on a license
shall be $10.
7. The fees herein set forth shall be those for licenses
issued for the license period of two years.
§410. Administration
1. Suspension and revocation of licenses; fines;
reprimands. A license issued pursuant to this article
may be suspended or revoked, or a fine not exceeding
$500 payable to the department may be imposed for
any one or more of the following causes:
a. Fraud or bribery in securing a license or permission
to take an examination therefor.
b. The making of any false statement as to a material
matter in any application or other statement or certificate required by or pursuant
to this article.
c. Incompetence or untrustworthiness.
d. Failure to display the license as provided in this
article.
e. Violation of any provision of this article, or of
any rule or regulation adopted hereunder.
f. Conviction of any of the following crimes subsequent
to the issuance of a license pursuant to this article: fraud pursuant to §§170.10,
170.15, 176.15, 176.20, 176.25, 176.30 and 190.65; falsifying business records
pursuant to §175.10; grand larceny pursuant to article 155; bribery pursuant
to §§180.03, 180.08, 180.15, 180.25, 200.00, 200.03, 200.04, 200.10,
200.11, 200.12, 200.45, 200.50; perjury pursuant to §§210.10, 210.15,
210.40; assault pursuant to §§120.05, 120.10, 120.11, 120.12; robbery
pursuant to article 160; homicide pursuant to §§125.25 and 125.27;
manslaughter pursuant to §§125.15 and 125.20; kidnapping and unlawful
imprisonment pursuant to §§135.10, 135.20 and 135.25; unlawful weapons
possession pursuant to §§265.02, 265.03 and 265.04; criminal use of
a weapon pursuant to §§265.08 and 265.09; criminal sale of a weapon
pursuant to §§265.11
and 265.12; and sex offenses pursuant to article 130 of the Penal Law. Provided,
however, that for the purposes of this article, none of the following shall be
considered criminal convictions or reported as such:
(i) a conviction for which an executive pardon has been
issued pursuant to the Executive Law;
(ii) a conviction which has been vacated and
replaced by a youthful offender finding pursuant to article 720 of the Criminal
Procedure Law, or the applicable provisions of law of any other jurisdiction;
or
(iii) a conviction the records of which have been expunged
or sealed pursuant to the applicable provisions of the laws of this state or
of any other jurisdiction; and
(iv) a conviction for which other evidence of successful
rehabilitation to remove the disability has been issued. Provided, however, a
fine shall not be imposed for the causes specified in paragraph f of this subdivision.
In lieu of or in conjunction with the suspension or revocation of a license,
or the imposition of a fine pursuant to this section,
the secretary may issue a reprimand. When a license issued pursuant to this
article is revoked, such license shall not be reinstated
or reissued until after the expiration of a
period of one year from the date of such revocation. No license shall be
issued after a second revocation.
2. Unlicensed activities.
a. The secretary may issue an order directing the cessation
of any activity for which a license is required by this article upon a determination
that a person, including a partnership, a limited liability company or corporation,
has engaged in or followed the business or occupation of, or held himself or
itself out as or acted, temporarily or otherwise, as a nail specialist, natural
hair stylist, esthetician, cosmetologist or appearance
enhancement business within this state without
a valid license being in effect. The department shall, before making such
determination and order, afford such person, partnership, limited liability company
or corporation an opportunity to be heard in person or by counsel in reference
thereto in an adjudicatory proceeding held pursuant to this article.
b. The attorney general, acting on behalf of the
secretary, may commence an action or proceeding in a court of competent jurisdiction
to obtain a judgment against such person, partnership,
limited liability company or corporation in an
amount equal to that assessed as a civil penalty.
Said judgment shall thereafter be enforceable by
any means authorized by the Civil Practice Law
and Rules.
§411. Denial of license; complaints; notice
of hearing
1. Denial of license. The department shall, before
making a final determination to deny an application
for a license, notify the applicant in writing of the
reasons for such proposed denial and shall afford the
applicant an opportunity to be heard in person or by
counsel prior to denial of the application. Such notification shall be served
personally or by certified mail or in any manner authorized by the Civil Practice
Law and Rules for service of a summons. If a hearing is
requested, such hearing shall be held at such time and
place as the department shall prescribe. If the applicant fails to make a
written request for a hearing within 30 days after receipt of such notification,
then the notification of denial shall become the final determination of the department.
The department, acting by such officer or person in the department as the secretary
may designate, shall have the power to subpoena and bring before the officer
or person so designated any person in this state, and administer an oath to and
take testimony of any person or cause his deposition
to be taken. A subpoena issued under this section shall
be regulated by the Civil Practice Law and Rules. If,
after such hearing, the application is denied, written
notice of such denial shall be served upon the applicant
personally or by certified mail or in any manner authorized by the Civil Practice
Law and Rules for the service of a summons.
2. Revocation, suspension, reprimands, fines;
unlicensed activities. The department shall, before
revoking or suspending any license or imposing any
fine or reprimand on the holder thereof, or before
issuing any order directing the cessation of unlicensed
activities, and at least 10 days prior to the date set for
the hearing, notify in writing the holder of such license, or the person alleged
to have engaged in unlicensed activities, of any charges made and shall afford
such person an opportunity to be heard in person or
by counsel in reference thereto. Such written notice
may be served by delivery of same personally to the
licensee or person charged, or by mailing same by
certified mail to the last known business or other address provided by such
person to the Secretary of State, or by any method authorized by the Civil Practice
Law and Rules for the service of a summons. The hearing
on such charges shall be at such time and place as the
department shall prescribe.
3. The department, acting by such officer or person
in the department as the secretary may designate, shall
have the power to subpoena and bring before the officer or person so designated
any person in this state, and administer an oath to and take testimony of any
person or cause his deposition to be taken. A subpoena issued under this section
shall be regulated by the Civil Practice Law and Rules.
§412. Civil penalties
The practice of nail specialty, waxing, natural hair
styling, esthetics or cosmetology, or the operation of
an appearance enhancement business without a license
or while under suspension or revocation, or in violation
of an order directing the cessation of unlicensed activity issued by the secretary
pursuant to §411 of this
article, is a violation and is subject to a civil penalty
of up to $500 for the first violation; $1,000 for a second
such violation; and $2,500 for a third violation and any
subsequent violation.
§413. Judicial review
The action of the secretary in suspending, revoking or
refusing to issue or renew a license, or issuing an order
directing the cessation of unlicensed activity or imposing a fine or reprimand
may be appealed by a proceeding brought under and pursuant to article 78 of
the Civil Practice Law and Rules.
§414. Official acts used as evidence
The official acts of the secretary and the department
shall be prima facie evidence of the facts therein and
shall be entitled to be received as evidence on all actions at law and other
legal proceedings in any court or before any board, body or officer.
§412. Civil penalties
The practice of nail specialty, waxing, natural hair
styling, esthetics or cosmetology, or the operation of
an appearance enhancement business without a license
or while under suspension or revocation, or in violation
of an order directing the cessation of unlicensed activity issued by the secretary
pursuant to §411 of this
article, is a violation and is subject to a civil penalty
of up to $500 for the first violation; $1,000 for a second
such violation; and $2,500 for a third violation and any
subsequent violation.
§413. Judicial review
The action of the secretary in suspending, revoking or
refusing to issue or renew a license, or issuing an order
directing the cessation of unlicensed activity or imposing a fine or reprimand
may be appealed by a proceeding brought under and pursuant to article 78 of
the Civil Practice Law and Rules.
§414. Official acts used as evidence
The official acts of the secretary and the department
shall be prima facie evidence of the facts therein and
shall be entitled to be received as evidence on all actions at law and other
legal proceedings in any court or before any board, body or officer.
§415. Disposition of moneys
With the exception of fees collected for examinations
which are to be paid into the licensing examinations
services account pursuant to §97-aa of the State Finance Law, all moneys
derived from the operation of this article shall on or before the 10th day
of each month be paid into the general fund of the state treasury
to the credit of the state purposes account therein.
§416. Application of article
1. This article shall not apply to or affect the practice
of the profession by duly licensed physicians, osteopaths, dentists, optometrists,
nurses or physiotherapists.
2. This article shall not apply to, affect or prevent
home administration, without compensation or other
consideration, of any practices defined in this article,
nor shall the provisions of this article be construed to
prevent the application of facial creams and lotions
by persons working for the manufacturer of such
creams and lotions in its establishment and under the
direction of a licensed esthetician. Also, this article
shall not apply to the retail sale, or the trial demonstration by application
to the skin for purposes of retail sale, of tonics, antiseptics, powders, oils,
clays, lotions, creams, cosmetics, cosmetic preparations or compounds.
§417. Separability clause
If any part or provision of this article or the application thereof to any
person or circumstance be adjudged invalid by any court of competent jurisdiction,
such judgment shall be confined in its operation to the part, provision or
application directly involved in the controversy in which such judgment shall
have been rendered and shall not affect or impair the validity of the remainder
of this article or application thereof to other persons or circumstances and
the legislature hereby declares that it would have enacted this article or
the remainder thereof had the invalidity of such provision or application thereof
been apparent.
RULES AND REGULATIONS
PART 160
This information is not the official version of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR). No representation is made as to its accuracy, nor may it be read into evidence in New York State courts. To ensure accuracy and for evidentiary purposes, reference should be made to the official NYCRR. The official NYCRR is available from West Publishing, West, 610 Opperman Drive, Eagan, MN 55123, 1-800-344-5009.
§160.1 Definitions
(a) Person means an individual, firm, company,
partnership or corporation.
(b) Appearance enhancement means and includes
any or all of the license categories: waxing, nail specialty, natural hair
styling, esthetics and cosmetology.
(c) Licensee means a person licensed to operate an
appearance enhancement business or to practice in an appearance enhancement
license category.
(d) Owner means a person who or which owns,
controls or operates, whether as a partner shareholder,
officer, independent contractor (including area renter)
or proprietor an appearance enhancement business.
(e) Area renter means a licensed individual not on
the payroll of or subject to the withholding of taxes by
a licensed business.
(f) OSHA means the Occupational Safety and Health
Administration and the statutes, rules and regulations
relevant thereto.
(g) EPA means the Environmental Protection Agency.
(h) Disinfection is a process that kills or destroys
most disease producing organisms and renders the object safe for external
use. Such process shall be accomplished by the use of EPA approved hospital grade
disinfectants.
(i) Sanitization is a process of making objects clean
and safe for use.
(j) Sterilization is a process that kills all disease
producing organisms (including bacteria, viruses,
fungi and spores) and renders an object safe for internal contact or skin
penetration.
(k) Cleaning is the physical removal of all visible dust,
soil, and any other foreign material from an object. Cleaning must precede
any disinfection or sterilization process and usually involves the use of a detergent.
§160.2 Individual license
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.
§160.3 Business license
An owner shall not engage in the business of appearance enhancement without
first having obtained a license therefor.
§160.4 Area renter business license requirement
No area renter may engage in appearance enhancement
activities without first having obtained a business
license therefor.
§160.5 Temporary license
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
relevant, written examination.
§160.6 Business name
A business licensee may conduct the business only in
the name in which it is licensed.
§160.7 Business licenses issued to residential
practitioners
(a) A residential business must be confined to a room
or rooms separate and apart from any residential or
other, non-business uses, thereby segregating the hazards of the workplace
to such confined areas.
(b) The residential business must be equipped with
the facilities and instruments required by this Part.
(c) The business area of the residence shall be subject
to inspection by representatives of the department at any reasonable time.
§160.8 Remote locations
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.
§160.9 Bond or liability insurance
An owner must maintain:
(a) a surety bond in the amount of $50,000;
(b) accidental and professional liability insurance
policies, each in the minimum amount of $25,000 per
occurrence and $75,000 in the aggregate; or
(c) a general liability policy in such amounts.
Evidence of such insurance or evidence of the bond
must be maintained on the premises.
§160.10 Posting requirements
(a) An owner shall conspicuously post a sign at the
entrance of the business indicating that the business
and individual operators are licensed by the New York
State Department of State and that rules and regulations
governing the business and practices are available for
review upon request.
(b) An individual holding a license in waxing, nail
specialty, esthetics, natural hairstyling, or cosmetology
must conspicuously post the license at the station or
location where the occupation is being practiced.
(c) An owner shall conspicuously post its business
license at: the entrance or reception area of the establishment; or,
the public business desk or counter of the
establishment; or, the area where the licensed activities
are performed.
(d) An owner shall conspicuously post an itemized
list of all services performed at the business establishment and the prices
charged for those services.
§160.11 Owner responsibilities
(a) An owner, an area renter or both shall be responsible
for the proper conduct of the licensed business and for the proper provision
of appearance enhancement services to the public by its employees or operators.
(b) An owner, an area renter or both shall be responsible
for compliance with all applicable health and sanitary codes, and all statutory
and regulatory requirements with respect to the practices of the occupation
and business prescribed by this Part.
§160.12 Open sources of ignition
(a) In order to ensure that products or chemicals are
not inadvertently ignited, open sources of ignition,
flame or sparks, including candles, gas burners and
cigarettes, are prohibited. Owners, managers and
individual operators shall be responsible for such compliance.
(b) Owners may designate a smoking area for employees
and clients. However, such designated area must be separated from the operational
areas of the premises and be properly ventilated.
§160.13 [Reserved]
§160.14 Inspection and investigation
(a) An appearance enhancement business shall be
subject to reasonable inspection by representatives of
the department at any reasonable time and without
notice.
(b) A licensee shall cooperate with any inspection
or investigation made by the department.
(c) Owners or area renters of any appearance enhancement
business shall retain the invoices of all sterilants and disinfectants used
in the shop for a period of two years. Evidence of such invoices must be available
at the time of any inspection.
§160.15 Barbering prohibitions
(a) An owner shall not permit the practice of barbering
at its business location without such owner having first obtained a barber
shop license pursuant to article 28 of the General Business Law.
(b) Apprentice barbers shall not be sponsored or
supervised by licensed natural hairstylists.
§160.16 Facilities: ancillary provisions
In addition to any requirement of the State Uniform
Code, State Sanitary Code, State Industrial Code or
similar law or regulation, an owner shall provide:
(a) hot and cold running water;
(b) toilet facilities and wash basins for use by clients
and employees;
(c) illumination for the safe provision of licensed
services;
(d) covered containers for hair, paper and other
waste material; and
(e) sufficient space or working area to ensure the
safety and health for both the operator and client.
§160.17 Cleaning, disinfection or sterilization of implements
(a) Disinfectants used for reprocessing implements
must be registered by the Environmental Protection
Agency (EPA) as a "hospital grade disinfectant" and
the active ingredients and scope of activity clearly
described on the original label.
(1) EPA approved hospital grade disinfectants must
be used in accordance with the manufacturers'
directions for the intended implement or surface.
(2) Categories of EPA approved hospital grade disinfectants
that are recognized for use on implements or environmental surfaces include
ethyl or isopropyl alcohols, phenolics, quaternary ammonium compounds, iodophors
and sodium hypochlorite.
(b) Implements requiring sterilization shall be autoclaved
or immersed for no less than 10 hours in a liquid sterilant registered by the
EPA.
(c) Reprocessing standards.
(1) After each client use, combs, brushes and other implements
that are used on the hair shall be cleaned with warm water and soap or a detergent
to remove all hair and scalp debris, rinsed thoroughly, dried with clean toweling
or other absorbent material, and completely immersed
in an EPA hospital grade disinfectant. Such
implements shall be soaked for 10 minutes or
more, removed, rinsed, dried and stored in a
drawer, cabinet or covered container.
(2) After each client use, electric razor heads, cuticle
scissors, and other implements which may abrade
or clip superficial layers of skin shall be cleaned
with warm water and soap or detergent, rinsed
thoroughly, dried with clean toweling or other
material, and completely immersed in an EPA
approved hospital grade disinfectant in accordance with manufacturers'
recommendations for the implement, and no less than 10 minutes. Following disinfection,
the implement shall be rinsed, dried, and stored in a drawer, cabinet or
covered container.
(3) Implements that are intended to penetrate skin
or enter pores shall be either single use disposable
or subject to sterilization. Implements that will
be reused shall be thoroughly cleaned with warm
water and soap or a detergent, rinsed and sterilized after each
client use. Implements that will be autoclaved shall be packaged prior to sterilization.
(d) All solutions and equipment used for disinfection
or sterilization shall be stored, maintained and monitored
so as to protect from contamination and to assure the
continued integrity of the intended process.
(e) Transport of "clean" and "dirty" equipment to
and from remote locations. 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.
§160.18 Restricted use of certain items
(a) The use of the following is prohibited or limited
as follows:
(1) Bar soap for more than one person is prohibited.
Liquid or powder soap dispensers may be used.
(2) A razor may not be used for more than one application.
Disposable razors are permitted and shall be disposed of in accord with §160.19(b)
of this Part.
(3) Chamois buffers and pumice stones are prohibited.
(4) Nail white pencils are prohibited (unless pencil
is sharpened after each use).
(5) "Credo" knives are prohibited.
(6) An emery board for more than one person is
prohibited.
(7) Finger bowls, pedicure bowls and footbaths must
be cleaned, rinsed and disinfected after each
client use.
(8) The use of shaving mugs in common is prohibited.
Sanitary paper or plastic inner cups are to be used for each client and destroyed
after each use.
(9) The use of non-disposable powder puffs, neck
dusters which cannot be immersed in an EPA approved hospital grade
disinfectant and sponges is prohibited.
(10) Styptic pencils are prohibited.
(b) The presence in the workplace of implements or
items as set forth in paragraphs (a)(3), (5), (8), (9) and (10) of this section
shall be presumptive evidence of their use.
§160.19 Procedures with respect to blood, body fluids and client contact
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:
(a) Any disposable materials coming into contact
with blood or body fluids, such as discharge from open
sores, pimples and sebaceous glands shall be disposed
of in a plastic bag which will be sealed in a manner that
not only protects the licensee and the client but also
others, such as sanitation workers, who may come into
contact with the material.
(b) Any disposable sharp objects that come into
contact with blood or other body fluids shall be disposed of in a sealable
rigid container (puncture-proof) that is strong enough to protect the licensee
and the client or others from accidental cuts or puncture
wounds that could happen during the disposal process.
(c) Plastic bags and sealable rigid containers shall
be available for use at all times when services are
being performed. Absence of containers shall be presumptive evidence of
noncompliance.
(d) Any material used to stop the flow of blood shall
be disposed of immediately after use in accord with
subdivision (b) of this section, or shall be in liquid or
powder form. The use of styptic pencils is strictly
prohibited.
§160.20 Hygienic practices
(a) Cotton applicators may be used and must be
stored in a closed container or sealed bag.
(b) A clean sheet of paper or a clean towel not previously
used for any purpose shall be placed on the table or headrest before any client
reclines on a table or chair.
(c) Cloth towels may be used once then bagged,
machine washed and dried.
(d) A paper strip or clean towel shall be placed completely
around the neck of each client before an apron or any other protective device
is fastened around the neck.
(e) All practitioners and nail care clients must wash
hands with soap and water before each client service.
(f) All sharp or pointed equipment shall be stored
when not in use so as not to be accessible to consumers.
(g) All fluids, semifluids and powders must be dispensed
with a shaker, dispenser pump or spray type container. All creams, lotions
and other cosmetics used for clients must be kept in closed containers and
dispensed with disposable applicators. When only a
portion of a preparation is to be used on a client, it
shall be removed from the container in such a way as
not to contaminate the remaining portion.
§160.21 Sanitary dress
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.
§160.22 Sanitary facilities
The facilities wherein licensed services are provided
shall be kept clean and in good repair. Dangerous conditions or hazards shall
not be permitted. Specifically:
(a) Ceilings, walls and baseboards shall be maintained
in good repair and kept free of dust, dirt and hair. Any cracks, holes or other
openings shall be filled in. Broken ceilings shall be repaired and cracks
in walls, especially around baseboards, shall be filled
in.
(b) Shelves, furniture and fixtures shall be kept
clean, free of dust, dirt and hair, and in good working
condition.
(c) Floors shall be kept clean and in good repair.
There shall be no accumulation of dust or hair on
floors. Acceptable floor coverings are cement, tile,
hardwood, linoleum, vinyl or low nap carpeting.
Floors constructed of composition material shall be
swept daily. No hair shall be allowed to accumulate
on floors.
(d) Plumbing fixtures, including toilets and wash
basins, shall be of impervious material and kept clean.
They must be free from cracks and from parts which
are not readily accessible for cleaning, and must be in
compliance with applicable State or local codes.
(e) Styling stations, working station and manicure
tables shall be sanitized and cleaned between each
client service.
(f) Handwashing facilities shall be available in all
lavatories. Disposable paper towels or hot air dryers
shall be available for hand drying. Cloth reusable hand
towels are prohibited unless a clean towel is made
available for each person using the facilities.
§160.23 Food and beverages
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.
§160.24 Towels and linens
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.
§160.25 Chemical storage and MSDS
(a) Any chemicals used in the conduct of appearance
enhancement shall be mixed only in a dispensing area
which has adequate ventilation.
(b) Flammable and combustible chemicals shall be
stored in a metal cabinet remote from potential sources
of ignition, such as an open flame or an electrical device.
(c) All nail care chemicals must be stored in closed
bottles.
(d) An owner have on file all Material Safety Data
Sheets (MSDS) for inspection. MSDS must be stored
in a metal file accessible to all employees.
§160.26 Product labeling
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.
§160.27 Applicability
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 §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.
(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.
§160.28 Photograph requirements
(a) An appearance enhancement practitioner shall
affix his/her photograph (containing only the head and
full face) to the license in the appropriate space indicated, and subscribe
beneath or alongside the photograph the date it was taken. A photograph on
a license cannot be more than four years old.
(b) A business licensee shall have affixed to the
license a 1½% × 1½% photograph of the person who
owns or manages the business (containing only the
head and full face) with a subscription beneath or
alongside the photograph indicating the date it was
taken. A photograph on a license cannot be more than
four years old.
§160.29 Untimely renewal
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.
§160.30 Reciprocity
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.
§160.31 Equivalent occupation
(a)Individuals who have legally practiced an occupation
that is equivalent to any appearance enhancement category for a period of at
least five years in an other jurisdiction may be licensed to practice in New
York State.
(b) Applicants must provide evidence of five years
legal experience practicing the occupation and demonstrating the equivalency
of such occupation to the relevant category of appearance enhancement. Evidence
may include but is not limited to:
(1) certifications from licensing agencies;
(2) copies of passports which indicate occupation
of individual;
(3) tax returns;
(4) letters from employers;
(5) practical and written examination results; and
(6) course curricula.
(c) Such evidence must be presented in legible form
and in English. If a translation is provided, it must be
certified as true and accurate by the translator.
§160.32 Education credit
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.
§160.33 Verification of education
An application for licensure must be verified by a representative of the approved
appearance enhancement school in the space provided therefor, such verification
to be accompanied by the raised seal of such approved school. A school shall
authorize such individual to make such verification, and file such authorization
with the department.
§160.34 Applicability of examination
results
Passing grades for practical and written examinations
in any appearance enhancement discipline may be
applied towards licensure for a period of five years.
§160.35 Photograph requirement for
practical examination
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.
§160.36 Practical examiners
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.
§160.37 Examination interpreters
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.
§160.38 Compliance with other laws
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.
§162.1 Nail specialty
(a) Scope of curriculum.
Educational requirements for nail specialists shall
include the following subjects and the hours assigned
to each:
| Hours | |
| Orientation | 4 |
| (1) Safety and Health | 8 |
| (2) Anatomy and Physiology of the Nail, | 10 |
| (3) Bacteria and Infectious Diseases; Nail, | 10 |
| (4) Methods of Infection Control | 10 |
| (5) Client Consultation | 4 |
| (6) Manicuring and Hand/Arm Massage | 20 |
| (7) Pedicuring | 15 |
| (8) Tip Application and Design | 12 |
| (9) Nail Wraps | 25 |
| (10) Liquid and Powder Nail Extensions | 50 |
| (11) Gel Nails | 20 |
| (12) Nail Art | 4 |
| (13) Retailing Techniques | 6 |
| (14) Business Practices | 8 |
| (15) Job Skills | 6 |
| Unassigned Hours 38 | |
| Total 250 |
(b) Subject matter. Each subject (including orientation) shall include a treatment of the topics as set forth herein:
- School Rules and Regulations
- Qualities of the Professional Nail Specialist
- Code of Ethics
- Familiarization of School Facilities and Supplies
- General Salon/Clinic Safety
- First Aid
- Hazardous Materials Communications (HAZMAT)
- Cell Metabolism and Structure
- Tissues and Organs
- Systems of the Body and Their Relationship
- Histology of the Skin and Its Function Bones, Muscles, Nerves of the Hand, Arm, Leg and Foot
- Nail Structure
- Bacterial Infections
- Immunity
- AIDS Awareness
- Hepatitis
- Viruses
- Mold and Fungus
- Disorders of the Nails and Skin
- Foot Disease
- Chemical Methods of Sanitation
- Physical Methods of Sanitation
- Sanitary Rules and Regulations
- Bloodborne Pathogen Infection Control
- Client Lifestyle Profile
- Diagnosis of Skin Type and Nail Plate Type and Shape
- Nail Services
- Nail Service and Product Usage
- Basic Manicure
- Men's Manicure
- Conditioning Manicures
- Nail Shape and Color Analysis
- Types of Massage
- Massage of the Hand/Arm
- Pedicuring Procedures
- Procedure for Paraffin Treatment
- Massage and Manipulation
- Massage of the Foot/Leg
- Technology of Nail Tips
- Tip Adhesives
- Tip Fitting and Design
- Procedure for Tip Application
- Nail Tipping on Problem Nails
- Tip Removal
- Silk, Fiberglass, and Linen Procedures
- Surface Wrapping Natural Nail and Mending
- Tip Overlay Wrapping
- Liquid Nail Wrap
- Maintenance
- Application Procedures for:
- Re-Balance and Repairs
- Problem Nails
- Chemical Reactions to Liquid and Powder
—Tip and Overlay
—Natural Nail
—Sculptured Nail
—Mending and Repair
- Gel Procedure
—Natural Nails
—Tip and Overlay
—Sculptured Gel Nails - Repair and Maintenance
- Nail Art Procedures
- Sales Ethics
- Advertising Campaign
- Design a Retail Center for Nail Care Products
- Selling Techniques
- Business Operation
- Site Planning and Design
- Accounting and Inventory
- Payroll Regulations
- Basic Job Skills
§162.2 Esthetics
(a) Scope of curriculum. Educational requirements for estheticians shall include the following subjects and the hours assigned to each:
Scope of Curriculum
| Hours | |
| Orientation | 4 |
| (1) Safety and Health | 8 |
| (2) Bacteriology | 18 |
| (3) Anatomy, Physiology, and Nutrition | 25 |
| (4) Structure and Functions of the Skin | 12 |
| (5) Superfluous Hair | 24 |
| (6) Chemistry | 3 |
| (7) Chemistry as Applied to Cosmetics | 21 |
| (8) Electricity and Machines | 18 |
| (9) Facial Treatments | 225 |
| (10) Body Procedures (No Machines) | 48 |
| (11) Make-Up Techniques | 84 |
| (12) Business Practices | 50 |
| (13) Job Skills | 6 |
| (14) Introduction to Paramedical Esthetics | 18 |
| Unassigned 36 | |
| Total 600 |
(b) Subject matter. Each Subject (including orientation) shall include a treatment of the topics as set forth
herein:
- School Rules and Regulations
- History of Esthetics
- The Role of the Esthetician
- Qualities of the Professional Esthetician
- Code of Ethics
- Local, State, Federal Safety Codes
- Salon/Clinic Rules and Regulations
- General Salon/Clinic Safety
- First Aid
- Hazardous Materials Communications (HAZMAT)
- Types and Classification
- Bacterial Growth and Reproduction
- Bacterial Infections and Their Prevention
- Immunity and Body Defenses
- Methods of Infection Control
- Physical and Chemical Agents
- Cells, Tissues, and Organs
- Body Systems
- Importance of Water
- Nutrition for Healthy Skin and Longevity
- Physiology and Histology of the Skin
- Structure and Functions of the Skin
- Appendages—Hair Structure and Functions With
- Relation to Esthetics (Nails, Sebaceous Glands, and Sweat Glands)
- Theoretical Overview of Permanent Methods (Electrolysis, Thermolysis, Blend)
- Temporary Methods of Hair Removal: Manual Tweezing, Depilatory Lotion, and Waxing (Strip and Non-strip)
- Bleaching of the Hair
- Chemistry and Matter As Related to Esthetics; Chemical Reactions and Solutions/Elements, Compounds and Mixtures/Biochemistry
- The pH Scale
- Cosmetics
- Skin Care Products
- Massage Creams and Oils, Ampoules, and Scrubs New Technologies
- FDA Laws Governing Cosmetics and Cosmetic Safety
- Electricity and Its Effects on the Skin
- Galvanic Current for Iontophoresis or Disincrustation
- High Frequency Current
- Use of: Magnifying Lamp and Wood's Lamp, Brushing Machine, Spray Machine and Suction Machine, Vaporizer and Pulverizador, Hot Towel Cabinet
- Paraffin Unit
- Electric Mittens, Booties, and Face Mask
- Client Preparation
- Skin Analysis and Consultation
- Skin Types
- Skin Conditions and Disorders
- Facial Procedures
- Facial Treatments With or Without Machines
- Overview of Aromatherapy and Manual Lymphatic
- Drainage for the Face and Neck
- Product Recommendation
- Body Exfoliation (Wet and Dry)
- Back Treatments
- Use of Various Products to Enhance the Appearance of the Skin: Seaweed, Salt, Paraffin, Mud, Ampoules, Creams, etc.
- Discussion for Further Training Required for Advanced Body Techniques Such as Aromatherapy, Manual Lymphatic Drainage, Water Therapies
- Color Analysis
- Morphology of the Face
- Product Knowledge, Chemistry, and Related Composition
- Eyebrow Contouring
- Make-Up Application
- Corrections and Contouring
- False Eyelashes
- Eyelash and Eyebrow Tinting
- Further Training Required for Advanced Techniques
- Business Operation
- Site Planning and Design
- Accounting, Inventory, and Sales Tax
- Payroll Regulations
- Ethics and Professional Conduct
- Communication Skills
- Retailing Techniques
- Marketing (Advertising, Retailing, and Promotion)
- Customer Relations
- Resume
- Interviews
- Letter Writing
- Licensing Regulations
- Job Attitudes
- Professional Organizations
- Continuing Education
- Industry Trade Shows, Magazines, etc.
- Career Opportunities >
- Overview of Dermatologic Procedures
- Topical and Oral Medications
- Insight Into Plastic Surgery
- Pre- and Post-Operative Care
- Camouflage Therapy
§162.3 Natural hair styling
(a) Scope of curriculum. The educational requirements for natural hair styling shall include the following subjects and the hours assigned to each:
Scope of curriculum
| Hours | |
| (1) Professional Requirements | 10 |
| (2) Safety and Health | 20 |
| (3) Anatomy and Physiology | 5 |
| (4) Hair Analysis | 10 |
| (5) Hair and Scalp Disorders and Diseases | 10 |
| (6) Chemistry as Applied to Natural Hair Styling | 5 |
| (7) Shampoos, Rinses, Conditioners and Treatments | 20 |
| (8) Hair Braiding, Locking, Weaving and Styling | 220 |
| Total 300 |
- New York State License Requirements
- State and Federal Payroll Requirements
- New York State Sales Tax Requirements
- Career Opportunities and Placement
- Professional Ethics, Conduct and Attitude
- Professional Organizations, Trade Shows and Publications
- New York State Laws, Rules and Regulations
- OSHA Regulations Concerning Hazardous Materials
- Communications
- Types and Classification of Infectious Organisms
—Bacteria
—Viruses
—Mold and Fungus - Growth and Reproduction of Infectious Organisms
- Infections and Their Prevention
- Immunity and Body Defenses
- Decontamination and Infection Control
- Physical and Chemical Agents
- Cells, Tissues, and Organs
- Body Systems
- Basic Principles of Nutrition
- Structure
- Types of Hair and Curl Structure
- Growth Patterns
- Texture
- Porosity
- Elasticity
- Dandruff
- Alopecia
- Fungal Infections
- Infestations
- Infections
- Forms and Properties of Matter
- Elements, Compounds and Mixtures
- Chemical Reactions and Solutions
- The pH Scale
- FDA Laws Governing Hair Care Products and Product Safety
- Client Preparation, Analysis and Consultation
- Hair Analysis Instruments and Equipment
- Shampooing Products, Composition and Procedures
- Rinsing Products, Composition and Procedures
- Conditioning Products, Composition and Procedures
- Procedures for Hair and Scalp Disorders
- Scalp Manipulations
- Tools
- Materials for Extensions
- Single Braids With and Without Extensions
- Cornrows With and Without Extensions
- Double Strand Twisting
- Thread Wrapping
- Lock Theory
—Palm Roll
—Comb Twisting
—Two-Strand Twisting - Traditional Weaving and Styling
- Roller Styling
- Finishing Techniques
- Hair Styling Services
—Tools and Implements
—Blowdrying
—Thermal Curling
—Hair Pressing - Hair Pieces
§162.4 Cosmetology
(a) Scope of curriculum. The educational requirements for cosmetologists shall include the following subjects and the hours assigned to each:
| Hours | |
| (1) Professional Requirements | 24 |
| (2) Safety and Health | 26 |
| (3) Anatomy and Physiology | 15 |
| (4) Hair Analysis | 10 |
| (5) Hair and Scalp Disorders and Diseases | 10 |
| (6) Chemistry as Applied to Cosmetology | 5 |
| (7) Shampoos, Rinses, Conditioners and Treatments | 30 |
| (8) Hair Cutting and Shaping | 175 |
| (9) Hair Styling | 245 |
| (10) Chemical Restructuring | 180 |
| (11) Hair Coloring and Lightening | 180 |
| (12) Nail Care and Procedures | 40 |
| (13) Skin Care and Procedures | 60 |
| Total 1000 |
(b) Subject matter. Each subject shall include a treatment of the topics as set forth herein:
- New York State License Requirements
- State and Federal Payroll Requirements
- New York State Sales Tax Requirements
- Career Opportunities and Placement
- Professional Ethics, Conduct and Attitude
- Professional Organizations, Trade Shows and Publications
- New York State Laws, Rules and Regulations
- OSHA Regulations Concerning Hazardous Materials Communications
- Types and Classification of Infectious Organisms
—Bacteria
—Viruses
—Molds
—Fungus - Growth and Reproduction of Infectious Organisms
- Infections and Their Prevention
- Immunity and Body Defenses
- Decontamination and Infection Control
- Physical and Chemical Agents
- Cells, Tissues and Organs
- Body Systems
- Basic Principles of Nutrition
- Overview of Bones and Muscles of the Head, Arms, Hands, Legs and Feet
- Structure
- Growth Patterns
- Texture
- Porosity
- Elasticity
- Dandruff
- Alopecia
- Fungal Infections
- Infestations
- Infections
- Forms and Properties of Matter
- Elements, Compounds and Mixtures
- Chemical Reactions and Solutions
- The pH Scale
- FDA Laws Governing Hair Care Products and
- Product Safety
- Client Preparation, Analysis and Consultation
- Hair Analysis Instruments and Equipment
- Shampooing Products, Composition and Procedures
- Rinsing Products, Composition and Procedures
- Conditioning Products, Composition and Procedures
- Procedures for Hair and Scalp Disorders
- Scalp Manipulations
- Fundamentals, Principles and Concepts of Design
- Scissor Haircutting
—Nomenclature and Care of Scissors
—Techniques and Procedures - Razor Haircutting
—Nomenclature and Care of Razor
—Techniques and Procedures - Clipper Haircutting
—Nomenclature and Care of Tools
—Techniques and Procedures - Removal/Trim of Superfluous Hair
- Contemporary and Specialized Haircutting
—Female Styles
—Male Styles
—Children Styles - Mustache and Beard Shaping
—Shaving
—Dexterity of the Hands and Razor
—Preparation and Procedures
- Fingerwaving
- Pincurling
- Skipwaving
- Roller Styling
- Patterns in Hairstyling
- Finishing Techniques
- Twisting, Wrapping, Weaving, Extending, Locking and Braiding
- Traditional Weaving and Styling
- Services in Hairstyling
—Tools and Implements
—Blowdrying
—Thermal Curling
—Hair Pressing - Hair Pieces
—Waves, Pin Curls, Rollers and Combinations
- Chemistry
- Chemical Restructuring Products
- Client Consultation
- Preliminary Procedure of Chemical Restructuring
- Procedure of Chemical Restructuring
- Corrective Chemical Restructuring
- Color Theory
- Chemistry
- Preliminary Procedures of Hair Coloring
- Client Consultation
- Hair Coloring Procedures
- Hair Lightening
- Special Effects
- Corrective Procedures
- Nail Structure
- Nail Disorders and Diseases
- Nail Shape and Color Analysis
- Basic Manicuring and Pedicuring
- Manipulations of the Hand, Arm, Leg and Foot
- Nail Tip Application
—Adhesives
—Fitting, Design and Application - Nail Wrap Application
—Silk, Fiberglass and Linen Procedures
—Surface Wrapping Natural Nail and Mending
—Tip Overlay Wrapping
—Repair, Maintenance and Removal - Liquid and Powder Nail Extensions
—Application Procedures for Tips With Overlays, Natural Nails and Sculptured Nails
—Repair, Maintenance and Removal
—Chemical Reactions to Liquid and Powder
- Structure and Function of the Skin
- Skin Conditions and Disorders
- Facial and Body Procedures
—Client Preparation
—Skin Analysis and Consultation
- Wet and Dry Exfoliations and Applications
- Use of Various Products to Enhance the Appearance of the Skin
—Seaweed, salt, paraffin, mud, ampules, creams, etc. - Discussion for Further Training Required for Advanced Techniques Such as Aromatherapy and Water Therapies
- Temporary Methods of Hair Removal
—Manual Tweezing
—Depilatory Lotion
—Waxing
—Bleaching - Make-Up Application
—Color Analysis
—Morphology of the Face
—Product Knowledge, Chemistry and Related Composition
—Eyebrow Contouring
—Corrections and Contouring
—False Eyelashes
—Further Training Required for Advanced Techniques
§162.5 Waxing
(a) Scope of curriculum. The educational requirements for waxing shall include the following subjects and the hours assigned to each:
Scope of Curriculum
| Hours | |
| (1) Professional Requirements | 10 |
| (2) Safety and Health | 20 |
| (3) Skin Structure, Disorders and Diseases | 10 |
| (4) Removal of Superfluous Hair | 35 |
| Total 75 |
(b) Subject matter. Each subject shall include a treatment of the topics as set forth herein:
- New York State License Requirements
- State and Federal Payroll Requirements
- New York State Sales Tax Requirements
- Career Opportunities and Placement
- Professional Ethics, Conduct and Attitude
- Professional Organizations, Trade Shows and Publications
- New York State Laws, Rules and Regulations
- OSHA Regulations Concerning Hazardous Materials Communications
- Types and Classification of Infectious Organisms
—Bacteria
—Viruses
—Mold and Fungus - Growth and Reproduction of Infectious Organisms
- Infections and Their Prevention
- Immunity and Body Defenses
- Decontamination and Infection Control
- Physical and Chemical Agents
- Histology of the Skin and its Functions
- Skin Disorders and Diseases
- Hair Structure and Functions With Relation to Waxing
- Theoretical Overview of Permanent Methods (Electrolysis, Thermolysis, Blend)
- Temporary Methods of Hair Removal
—Manual tweezing
—Depilatory lotion
—Waxing (strip and non-strip)