Bill Text: NY A08286 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Provides that state cosmetology curriculums and examinations reflect instruction concerning cultural and ethnic awareness in regard to hair type.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-06-02 - REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS [A08286 Detail]

Download: New_York-2013-A08286-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8286
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   November 20, 2013
                                      ___________
       Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
         tee on Economic Development
       AN ACT to amend the general business law, in relation to providing  that
         state  cosmetology  curriculums  and  examinations reflect instruction
         concerning ethnic and minority clients
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 5 of section 402 of the general business law,
    2  as added by chapter 509 of the laws of  1992,  is  amended  to  read  as
    3  follows:
    4    5.  Adopt  such  rules  and  regulations  not  inconsistent  with  the
    5  provisions of this article, as may be necessary with respect to the form
    6  and content of applications for licenses,  the  reception  thereof,  the
    7  investigation  and  examination  of applicants and of prospective appli-
    8  cants taking examinations and their qualifications, THE  MAINTENANCE  OF
    9  CULTURAL  AND  ETHNIC  AWARENESS WITHIN THE PRESCRIBED CURRICULUM AND IN
   10  EXAMINATIONS AND RACIAL  EQUALITY  AMONGST  APPLICANTS,  and  the  other
   11  matters incidental or appropriate to the powers and duties of the secre-
   12  tary as prescribed by this article and for the proper administration and
   13  enforcement of the provisions of this article.
   14    S  2. Subdivisions 1 and 3 of section 403 of the general business law,
   15  subdivision 1 as amended by chapter 341 of the laws of 1998 and subdivi-
   16  sion 3 as added by chapter 509 of the laws of 1992, are amended to  read
   17  as follows:
   18    1.  There  shall  be  established  within  the  department an advisory
   19  committee which shall consist of [nine] TEN  members  broadly  represen-
   20  tative  of  the  appearance  enhancement  industry, including one person
   21  engaged in the practice of either nail specialty or waxing, two  persons
   22  engaged  in  natural hair styling, one of whom shall be knowledgeable in
   23  the practice of styling techniques  which  place  tension  on  the  hair
   24  roots, one person engaged in esthetics, two persons engaged in cosmetol-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13085-01-3
       A. 8286                             2
    1  ogy,  two  persons  engaged  in  training of persons for such practices,
    2  [and] one person licensed as a dermatologist, AND ONE PERSON  WHO  SHALL
    3  ENSURE  STRICT  ADHERENCE TO QUALITY SERVICES FOR ALL CLIENTS, INCLUDING
    4  MINORITY AND ETHNIC CLIENTS. The secretary shall appoint such persons to
    5  serve  on  the advisory committee, provided, that two shall be appointed
    6  by the secretary on the recommendation of the temporary president of the
    7  senate and two shall be appointed by the secretary on the recommendation
    8  of the speaker of the assembly. Each member of the  committee  shall  be
    9  appointed  for  terms  of  two  years. Any member may be reappointed for
   10  additional terms. The secretary shall designate from among  the  members
   11  of  the  committee  a chairperson who shall serve at the pleasure of the
   12  secretary.
   13    3. The advisory committee shall advise the secretary  on  all  matters
   14  relating  to  this  article,  and on such other matters as the secretary
   15  shall request. In advising the secretary on matters  concerning  profes-
   16  sional  education or curriculum, INCLUDING ENSURING THAT SUCH CURRICULUM
   17  IS NOT RACIALLY BIASED, the advisory  committee  shall,  to  the  extent
   18  practicable, consult with the state education department.
   19    S  3.  Subdivision  1  of  section 407 of the general business law, as
   20  amended by chapter 255 of the laws  of  1999,  is  amended  to  read  as
   21  follows:
   22    1.  The examinations for the license to practice natural hair styling,
   23  esthetics, nail specialty and cosmetology shall be practical  and  writ-
   24  ten. The examinations for the license to practice waxing shall be limit-
   25  ed  to a written examination only. The secretary shall determine reason-
   26  able standards of performance for each license and  shall  evaluate  the
   27  prospective  applicants  and  applicants on the basis of such standards.
   28  The objectives of the examinations shall be to insure  that  prospective
   29  applicants  and applicants have sufficient basic skills to safeguard the
   30  health and safety of the public and to insure  that  prospective  appli-
   31  cants  and  applicants  have attained adequate levels of skill to compe-
   32  tently engage CLIENTS FROM VARYING CULTURAL AND  ETHNIC  BACKGROUNDS  in
   33  the activities authorized by the license.
   34    S 4. This act shall take effect immediately.