APPEARANCE ENHANCEM ENT RULES AND REGULATIONS PART 160 – Flashcards
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DEFINITIONS: Person means
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an individual, firm, company. partnership or corporation.
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DEFINITIONS: Appearance enhancement means:
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and inciudes any or all ofthe license categories: waxing, nail specialty, natural hair styling, esthetics and cosmetology.
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DEFINITIONS: Licensee means:
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a person licensed to operate an appearance enhancement business or to practice in an appearance enltancement license category.
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DEFINITIONS: Owner means
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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'
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DEFINITIONS: Area renter means
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a licensed individual not on the pawoll of or subject to the withholding of taxes by a licensed business.
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DEFINITIONS: OSHA means
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the Occupationai Safery and Health Admrnistration and the statutes, rules and regulations relevant thereto.
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DEFINITIONS: EPA means
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the Environmental Protection Agency.
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DEFINITIONS: Disinfection is
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a process that kills or desffoys most disease producing organisms and renders the object safe for external use. Such process shall be accompiished by the use of EPA approved hospital glade disinfectants.
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DEFINITIONS: Sanitization is a process of
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making objects clean and safe for use'
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DEFINITIONS: Sterilization is a process that
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kills all disease producing organisms (including bacteria, viruses, fungi and spores) and renders an object safe for internal contact or skin penetration.
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DEFINITIONS: Cleaning is the physical removal of
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all visible dust, soil, and any other foreign material fiom an object. Cleaning must precede any disinfection or sterilization process and usually involves the use of a detergent.
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INDIVIDUAL LICENSE: A person shall not engage in the practice of
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of waxing, nail specialty, natural hair styling, esthetics or cosmetology without first having obtained a license therefor.
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BUSINESS LICENSE: An owner shall not engage in the business of
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appearance enhancement without first having obtained a license therefor.
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AREA RENTAL BUSINESS LICENSE REQUIREMENTS: No area renter may engage in
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appearance enhancement activities without first having obtained a business license therefor.
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TEMPORARY LICENSE: An applicant who meets all requirements of licensure but for the passage of a written and/or practical examination may
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make application for a temporary license.
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TEMP LICENSE: Such temporary license shall- expire
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six months from issuance.
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TEMP LICENSE: A second temporary license will not be issued without
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proof that the applicant has passed the relevant, written examination.
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BUSINESS NAME: A business licensee may conduct the business only in
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the name in which it is Iicensed.
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BUSINESS LICENSE ISSUED TO RESIDENTIAL PRACTITIONERS: A residential business must be confined to a room or rooms separate and apart from any
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residential or other, non-business uses, thereby segregating the hazards ofthe workplace to such confined areas.
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BUSINESS LICENSE ISSUED TO RESIDENTIAL PRACTITIONERS: residential business must be equipped with
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the facilities and instruments required by this Part.
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BUSINESS LICENSE ISSUED TO RESIDENTIAL PRACTITIONERS: business area of the resrdence shall be subject to inspection by
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representatives ofthe department at any reasonable time.
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REMOTE LOCATIONS: A licensee may practice at remote locations, but shall hold an appearance enhancement business license at
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a fixed location, or shall be directly and actively employed by the holder of an appearance enhancement business license
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REMOTE LOCATIONS: records kept for each service rendered at any remote location must be
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maintained at the licensed business location for a minimum of three years.
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BOND OR LIABILITY INSURANCE: owner must maintain:
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a surety bond in the amount of $50,000accidental and professional liability insurance policies, each in the minimum amount of $25,000 per occurrence and $75,000 in the aggregatea generai liability policy in such amounts.Evidence of such insurance or evidence ofthe bond must be maintained on the premises.
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POSTING REQUIREMENTS:An owner shall conspicuously post a sign at the entrance ofthe business indicating that the business and individual operators are
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licensed by the New York State Department of State and that rules and regulations goveming the business and practices are available for review upon request.
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POSTING REQUIREMENTS: individual holding a license or waxing, nail specialty, esthetics, natural hairstyling, or cosmelology must conspicuously post the license at:
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the entrance or reception area ofthe establishment; or, the public business desk or counter ofthe establishment; or, the area where the licensed activities are performed.
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POSTING REQUIREMENTS: owner shall conspicuously post an itemized list of all
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services performed at the business establishment and the prices charged for those services.
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POSTING REQUIREMENTS: An owner shall conspicuously post its business license at:
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proper conduct ofthe licensed business and for the proper provision of appearance enhancement services to the public by its employees or operators
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OWNER RESPONSIBILITIES: An owner, an area renter or both shall be responsible for:
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(a) An owner, an area renter or both shall be responsible for the proper conduct ofthe 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.
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OPEN SOURCE OF IGNITION: Owners, managers and individual operation shall be responsible for such compliance of the:
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(a) In order to ensure that products or chemicals are not inadvertently ignited, open sources ofignition, flame or sparks, including candles, gas bumers and cigarettes, are prohibited.
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OPEN SOURCE OF IGNITION: (b) Owners may designate a smoking area for employees and clients. However, such designated area must be
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separated from the operational areas ofthe premises and be properly ventilated
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CLEANING/DISINFECTION/STERILIZATION OF IMPLEMENTS:(b) Implements requiring sterilization shall be:
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autoclaved or immersed for no less than 1 0 hours in a liquid sterilant registered by the EPA.
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CLEANING/DISINFECTION/STERILIZATION OF IMPLEMENTS: (c) Reprocessing standards after each:
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(3) Implements that are intended to penehate skin or enter pores sha1l be either single use disposable or subject to sterilization. Implements that will be reused sha1l 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 lor disinfection or sterilization shall be stored, maintained and monitored so as to protect from contamination and to assure the continued integrity ofthe intended process. (e) Transport of "clean" and "dirty" equipment to and fromremote locations. A11 supplies and implements shall be transported to and from the remote location in covered containers. Clean implements and supplies (e.g., towels) shal1 be kept in containers separate fiom those implements and supplies that have been used and marked according to their status.
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INSPECTION AND INVESTIGATION: An 'appearance enhancement business shall be subject to reasonable inspection by:
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representatives ofthe deparhrent at any reasonable time and without notice.
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INSPECTION AND INVESTIGATION: licensee shall cooperate with any:
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inspection or investigation made by the deparhnent.
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INSPECTION AND INVESTIGATION: 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:
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2 yrs and Evidence of such invoices must be available at the time of any inspection.
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FACILITIES: ANCILLARY PROVISIONS: In addition to any requirement of the State Uniform Code, State Sanitary Code, State lndustrial Code or similar 1aw or regulation, an owner shall provide:
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(a) hot and cold running water; (b) toilet facilities and wash basins for use by clients and employees; (c) illumination for the safe provision oflicensed services; (d) covered containers for hair, paper and other waste material; and (e) sufficient space or working area to ensure the safefy and health for both the operator and client.
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CLEANING/DISINFECTION/STERILIZATION OF IMPLEMENTS: (a) Disinfectants used for reprocessing implements must be registered by the:
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Environmental Protection Agency (EPA) as a "hospital grade disinfectant" and the active ingredients and scope of activity clearly described on the original label.
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CLEANING/DISINFECTION/STERILIZATION OF IMPLEMENTS: (1) EPA approved hospital grade disinfectants must be used in Accordance with the:
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manufacturers' directions for the intended implement or surface.
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CLEANING/DISINFECTION/STERILIZATION OF IMPLEMENTS: (2) categories of EPA approved hospital grade disinfectants that are recognized for use on implements or environmental surfaces include:
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ethyl or isopropyl alcohols, phenolics, quatemary ammonium compounds, iodophors and sodium hypochiorite.
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PROCEDURES WITH RESPECT TO BLOOD/BODY/FLUIDS & CLIENT CONTACT: All blood encountered in the workplace shall be treated as if it is:
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infectious.
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PROCEDURES WITH RESPECT TO BLOOD/BODY/FLUIDS & CLIENT CONTACT: contact with blood should be avoided and:
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disposable gloves used whenever such contact can be reasonably anticipated.
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PROCEDURES WITH RESPECT TO BLOOD/BODY/FLUIDS & CLIENT CONTACT: addition to any other statutory or regulatory procedures with respect to blood, body fluids and client contact, the following precautionary measures must be taken:
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(a) Ary 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 mamer that not only protects the licensee and the client but also others, such as sanitation workers, who may come into contact with the material.
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PROCEDURES WITH RESPECT TO BLOOD/BODY/FLUIDS & CLIENT CONTACT: addition to any other stafutory or regulatory procedures with respect to blood, body fluids and client contact, the following precautionary measures must be taken:
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(b) Any disposable sharp objects that come into contact with blood or other body fluid 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.
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PROCEDURES WITH RESPECT TO BLOOD/BODY/FLUIDS & CLIENT CONTACT: addition to any other stafutory or regulatory procedures with respect to blood, body fluids and client contact, the following precautionary measures must be taken:
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(c) Plastic bags and sealable rigid containers shall be available for use at ali times when services are being performed. Absence of containers shall be presumptive evidence of noncompliance.
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PROCEDURES WITH RESPECT TO BLOOD/BODY/FLUIDS & CLIENT CONTACT: addition to any other stafutory or regulatory procedures with respect to blood, body fluids and client contact, the following precautionary measures must be taken:
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(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.
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HYGIENIC PRACTICES: Cotton applicators may be used and must be stored in
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a closed container or sealed bag.
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HYGIENIC PRACTICES: clean sheet ofpaper or a clean towel not pre- viously used for any purpose shall be placed on
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the table or headrest before any ciient reclines on a table or chair.
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HYGIENIC PRACTICES:Cloth towels may be used once then
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bagged, machine washed and dried.
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HYGIENIC PRACTICES: paper strip or clean towel shall be placed completely around the
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neck ofeach client before an apron or any other protective device is fastened around the neck.
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HYGIENIC PRACTICES: practitioners and nail care clients must
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wash hands with soap and water belore each client service.
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HYGIENIC PRACTICES: sharp or pointed equipment shall be stored when not in use so
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as not to be accessible to consumers.
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HYGIENIC PRACTICES: fluids, semifluids and powders must be dispensed with a
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a shaker, dispenser pump or spray type container
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HYGIENIC PRACTICES: creams, lotions and other cosmetics used for clients must be kept in
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closed containers and dispensed with disposable applicators
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HYGIENIC PRACTICES: only a portion of a preparation is to be used on a client, it shall be removed from
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the container in such a way as not to contaminate the remaining portion.
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SANITARY DRESS: clothing worn by licensed individuals shall be:
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clean and pose no health or safety hazard to the client or to the operator while attending a ciient.
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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:
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(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 shal1 be repaired and cracks in walls, especially around baseboards, shail be fi1led in. (b) Shelves, furniture and fixtures shall be kept clean, free ofdust, dirt and hair, and in good working condition. (c) Floors shall be kept clean and in good repair. There shal1 be no accumulation of dust or hair on floors. Acceptable floor coverings are cement, tile, hardwood, 1ino1eum, vinyi or 1ow 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, sha11 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 loca1 codes. (e) Sfyiing stations, working station and manicure tabLes shall be sanitized and cleaned befween 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.
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FOOD & BEVERAGE: Food and beverages are not to be prepared, kept or sold in the licensed premises. However, such prohibition shall not apply where:
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such foodstuffs are prepared or kept in a room adequately ventilated with exhaust of fumes away from the public area and compietely separate and apart from the workplace, or in the case ofbeverages which are kept in covered containers.
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TOWELS & LINEN'S:Every client shall be served with:
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clean, freshly laundered linen or disposable towels. Immediately after use, linens or towels sha1l be placed in a covered receptacle used for that purpose alone.
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CHEMICAL STORAGE & MSDS: license within: (a) Any chemicals used in the conduct ofappearance enlancement shall be: (b) Flammable and combustibie chemicals shall be: (c) All nail care chemicals must be: (d) An owner have on file:
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(A)mixed only in a dispensing area which has adequate ventilation.(B)stored in a metal cabinet remote from potential sources of ignition, such as an open flame or an electrical device. (C)be stored in closed bottles. (D) all Material Safety Data Sheets (MSDS) for inspection. MSDS must be stored in a metal file accessible to all employees.
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PRODUCT LABELING:In order to assure the safe provision of services to the public, all products used in the conduct ofan appearance enhancement business must be
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maintained with the original manufacturer labeling intact. All bottles containing poisonous or corrosive substances shal1 be additionally and distinctly marked as such and shall be stored in an area not open or available to the public.
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APPLICABILITY:Appearance enhancement licensure is not applicable to the following:
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(a) Permanent makeup (micropigmentation): The practice of micropigmentation or tattooing. However, should such practice beperfomed in an appearance enhancement business, the owler and any licensed operator performing such services shall be responsible for the proper sanitation and disinfection and sterilization ofail implements according to applicable State and local standards ald regulations. (b) Massage: No appearance enhancement practitioner shall be authorized to practice massage, including manual l;irnphatic drainage, as defined by $780 1 of the State Education Law. Licensed appearance enhancement practitioners may practice light massage ofthe surface layers of soft tissue for purposes ofbeautification. (c) Practice ofmedicine: No appearance enhancement licensee shall be authorized to diagnose or treat diseases, including diseases ofthe skin, hair and nai1s. 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 ofnursing: No appearance enhancement licensee shall be authorized to practice nursing. An owner shall notpermit the practice of nursing at its business location without appropriate licensure therefor. (e) Permanent dyeing: No appearance enhancement licensee sha11 be authorized or permitted to apply dye ofany kind to eyelash or eyebrow hair. (l) Physician's supervision: The performance of services under the direct supervision of a physician or nuse when performed within the direct employ of and on the premises of a medical facility.
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Applicants must provide evidence of five years legal experience practicing the occupation and demonstrating the equivaiency of such occupation to the relevant category of appearance enhancement. Evidence . may include but is not limited to:
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(1) certifications from licensing agencies;(2) copies ofpassports which indicate occupation ofindividual; (3) tax retums; (4) letters fiom employers; (5) practical and written examination results; and (6) course curricula.
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Evidence . may include but is not limited to:
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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
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Application for fuIl educationai credit may be made by individuals who have completed an approved course of study in another jurisdiction that
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equals or exceeds the number ofhours and content required for New York State licensure.
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An application for licensure must be verified by a representative of the
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approved appearance enhancement school in the space provided therefor, such verification to be accompanied by the raised seal ofsuch approved school. A school shall authorize such individuai to make such verification, and file such authorization with the department.
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Passing grades for practical and written examinations in any appearance enhancement discipline may be applied towards
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licensure for a period of five years.
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Aly applicant participating in a practical examination must at the time of the examination, submit a recent
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photograph that contains only the head and full face of the applicant.
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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
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five or more years ofactive experience in the related discipline.
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If an examination is not available in the appiicant's language at the time of application, an examinee who is not fluent in the English language may provide for an
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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 sewices within a three-month period.
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In the course ofits operation ofan appearance enhancement business, an owner shall refrain
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engaging in any conduct violative ofany State or Federal law, rule or regulation.
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"Secretary" means
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the Secretary of State
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"Person" means
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means an individual, firm, limited liabiIity company,partnership or corporation
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"Licensee" means
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a person licensed pursuant to this article to lV 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 n public.
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The practice of"esthetics" means
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providing for a fee, or any consideration or exchange, whether direct or indirect, services to enhance the appearance ofthe face, neck, arms, legs, and shoulders ofa human being by the use ofcompounds or procedures including makeup, eyelashes, depilatories, tonics, lotions, waxes, sanding and tweezing, whether performed by manual, mechanical, chemical or electrical means and insfiuments but shall not include the practice of electrology
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"Appearance enhancement business" means
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the business of providing any or all ofthe services licensed pursuant to this article at a fixed location.
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"Department" means
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the Depaftment of State.
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The practice of "waxing" means
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providing for a fee, or any consideration or exchange, whether direct or indirect, services to enhance the appearance ofthe face, neck, arms, legs, or shoulders ofa human being by the removal of hair by the use of depilatories, waxes or tweezing but shall not include the practice of electrology.
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The advisory committee shall meet no less than
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three times each year
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The advisory committee shall advise the Secretary on
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all matters reiating to this article, and on such other matters as the secretary shall request.
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In advising the secretary on matters concerning
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professional education or curriculum, the advisory committee shall, to the extent practicable, consult with the State Education Department.
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The secretary shall designate an employee ofthe department to act as
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secretary ofthe advisory committee, and shall provide such advisory committee such stenographic or other assistance as may be necessary.
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Members of the advisory committee shall receive no compensation but shall be entitled to acfual and necessary
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traveling and other expenses while engaged in the performance of such member's duties hereunder.
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The secretary shall promulgate rules and regulations which establish standards for
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practice and operation by licensees under this article in order to ensure the health, safety and welfare of the public
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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,
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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.
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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
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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.
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1. No owner or operator of an appearance enhancement business shall knowingly and willfully:
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a. sell, use or apply to any person monomeric methyl methacrylate: or b. direct any agent or employee ofsuch business to sell, use or apply to any person monomeric methyl methacrylate. 2. A first violation ofthis section shall be punishable by a civil penalty ofnot more than one thousand dollars. A second or any subsequent violation of this section shall be a class B misdemeanor.
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1. Any person who receives an appearance enhancement business license shall:
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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 ofthe practices regulated by this article may be provided under one appearance enhancement business license so long as each practitioner is an appropriate licensee.
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An appearance enhancement business licensee shall file and maintain during the:
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license evidence of a bond or liability insurance.
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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
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first make application to the secretary for a license therefor.
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Such application shall be in a form and mannerprescribed by the secretary and shall contain such information as, in the secretary's judgment,
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is reasonable and necessary to determine the qualifications and fitness for licensing of the applicant.
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The application shall be subscribed by the
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applicant and affirmed under penalty of perjury.
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Each application shall be accompanied by the
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appropriate fee as prescribed by this article.
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Each application shall be accompanied by a
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licensed physician, or nurse practitionerto the extent authorized by law and consistent with the written practice agreement pursuant to subdivision three of section 6902 ofthe 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.
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Any person 17 years of age or older may apply to the secretary for a
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license to practice nail specialty, waxing, natural hair styling, esthetics or cosmetology.
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Each such application shall also be accompanied by satisfactory evidence of having
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taken and passed the appropriate examination or examinations offered by the secretary pursuant to this arlicle for the license sought and evidence ofthe successful completion of an approved course of study in nail specialty, waxing, natural hair sfyling, esthetics or cosmetology in a school duly licensed pursuant to the Education Law.
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Any applicant for a license to practice nail specialty, waxing, natural hair styling, esthetics or cosmetology may submit satisfactory evidence of
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oflicensure to practice an equivalent occupation issued by any other state, tenitory, protectorate or dependency ofthe 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 ofthis State or the applicant practiced an equivalent occupation in such state, territory, protectorate, dependency or country for a minimum of five years.
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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 sflist, esthetician or cosmetologist who shall
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provide satisfactory evidence he or she has been actively and cpntinuously 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 ofthis 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 licensemade of the secretary at the time the application for license is filed. In the case ofphysically disabled persons' provision for the alternative administration of the examination may be made, provided a request for such procedure is made ofthe 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'
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to practice natural hairstyling. Other than applicants licensed :rnder article 28 of this chapter, those persons who apply after a l2-month period from the effective date of this article will be . required to provide
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evidence oftraining and to take the examination or examinations as required for other licenses pursuant to this article.
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Upon acceptance by the secretary ofa proper application for an operator's license to practice nail speciality, waxing, natural hair styling, esthetics or cosmetology, the secretary may issue a
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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.
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3. Appearance enhancement business license.Any person, 18 years of age or older, or any firm, limited liability company, partnership or corporation having at least one member
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I 8 years of age or older may apply to the secretary for an appearance enhancement business license'
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3. Appearance enhancement business licenseEach such application for an appearance enhancement business license shall be accompanied by
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evidence of a bond or liability insurance.
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All licenses shall expire
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expire four years from the date of issuance'
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No license shall be assignable or transferrable except
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persuant to the provisions of this aticle'
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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
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all members of a partnership or a majority of the voting members of a limited liability company or the majority shareholders ofa corporation, respectively
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All such requests for endorsements shall be accompanied by a
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$5 fee.
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A bona fide purchaser ofa licensed appearance enhancement business may continue to use the license ofthe seller for a period of
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of30 daysfromthedateofthesale,providedthereisendorsedontheface thereofthe name ofthe purchaser, the date ofthe sale, and the signatures of the seller and the purchaser; and provided further within five working days from the date ofthe sale an application, in accordance with the provisions ofthis article, shall be presented by the purchaser to the secretary for an appearance enhancement business license'
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An appearance enhancement business license ,issued to an individual or to a paftnership may be used a{ter the death ofthe licensed individual or co-partner by the next ofkin or duly appointed administrator or executor in the name of the estate for a period of not more than
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120 days from the date ofdeath ofsuch individual or co-paftner provided that there is endorsed upon the face ofthe license cerlificate after the name ofthe decedent the word ..deceased", the date ofdeath and the name ofthe 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 1 20 days. Any license so continued which shall expire during such period of 120 days or the extension thereofmay be renewed by the next ofkin, administrator or executor for the balance of such period or the extension thereof.
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A license certificale issued pursuant to this article shall be posted in
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some conspicuous place in the licensed premises or in the place where the practice ofan 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'
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Any license, which has not been suspended or revoked, may' upon the pal,rnent of the renewal fee, be renewed for additional periods of
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four 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.
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Any person failing to file for renewal of a license pursuant to the provisions of this article within
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one year immediately following the falsifying business records,grand larceny,bribery ,perjury,assult, robbery,manslauter,
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1. The examinations for the license to practice natural hair styling' esthetics, nail specialty and cosmetology shall be
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practical and written
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The examination for the license to practice waxing shall be
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limited to a written examination only.The secretary shall determine reasonable standards of perfotmance for each license and shall evaluate the prospective applicants and applicants on the basis of such standards
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The objectives ofthe examinations shall be to insure that prospective applicants and applicants have sufficient basic skills to safeguard the
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health and safety ofthe 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'
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The secretary shall prepare examination questions for
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persons to qualiff 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.
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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 proofofthe need therefor provided that a request for such a translated examination is
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expiration ofsuch 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.
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A duplicate license certificate may be issued for
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one lost, destroyed or mutilated upon the application therefor on a form prescribed by the secretary and the payment ofthe fee prescribed therefor by this article. Each such duplicate license shall have the word "duplicate" stamped across the face thereofand shall bear the same number as the one it replaces.
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Notice in writing shall be given the secretary at the office of the secretary in Albany by the holder ofan appearance enhancement business license of
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ofany change ofaddress. The licensee shall correct the address on the license upon the filing of such notice.
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10. Any licensee who fails to file any notice of change in the status of a license required by the provisions ofthis article shall be subject to
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the monetary fines set forth in 410 of this article.
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Such license certificate shall contain a
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photograph ofthe licensee and the licensee's name. Nowhere on the license shall be the address of the licensee.
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1. The non-refundable fee for an application for a license to engage in the practice ofnail specialty, waxing, natural hair styling, esthetics or cosmetology, shall be
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$40 initially and for each renewal thereofthe fee shall be $40;
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the fee for a temporary license and each renewal shall be
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$10
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2. The fee for an appearance enhancement business license shall be
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$60 initially and $60 for each renewal thereof
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3. The secretary shall receive a non-refundable examination fee of
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$ 1 5 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.
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4. The fee for issuing a duplicate license certificate, in substitution for one lost, destroyed or mutilated shall be
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$10
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5. The fee for changing a name on an appearance enhancement business license shall be
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$30
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The fee for changing the address on a license shall be
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$10
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7. The fees herein set forth shall be those for licenses issued for the license period of
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4 yrs
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I . 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:
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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. Incompetenceoruntrustworthiness. 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 ofa license pursuant to this article: fraud pursuant to
