Cosmetology careers - description - earnings – education
The Bureau of Proprietary School Supervision (BPSS) oversees and monitors non-degree granting proprietary schools in New York State. The Bureau is responsible for ensuring that the overall educational quality of the programs offered will provide students with the necessary skills to secure meaningful employment and for protecting students' financial interests while attending proprietary schools. BPSS licenses/registers proprietary schools and credentials proprietary school teachers to ensure that appropriate standards are met. The Bureau investigates student complaints and conducts comprehensive investigations of schools to assure compliance with Education Law and Commissioner's Regulations. Proprietary schools under BPSS jurisdiction include trade and business schools, computer training facilities, and for-profit English as a Second Language (ESL) schools.
- Information for Schools
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and qualifications
Branches of specialty including hairstyling, skin care, cosmetics, manicures/pedicures, and electrology.
A Guide for Consumers to identify safe practices when interacting with New York State beauty salons and spas.Although many consumers do not think that health and safety issues are serious considerations when getting a facial, body wrap, waxing or having their nails done, most beauty treatments involve actions that can be dangerous, if not performed by properly trained and licensed personnel.Bacterial infections, transmission of diseases, adverse reactions to substances and other physical injuries can all be the result of improperly performed treatments.
Selecting a Salon or Spa
All beauty treatment specialists as well as all spas and salons must be licensed to legally operate within New York State. The consumer should thus look for:
• A business license shall be displayed at the entrance or another conspicuous location in the spa or the salon where the licensed activities are performed
• A license with a photograph, for each operator within a spa or salon
In New York State, there are five different designations for beauty specialists:
• Cosmetologist
• Esthetician
• Nail Specialist
• Natural Hair Styling Specialist
• Waxing Specialist
What if I cannot locate a license?
If you do not see either a current business license or a current NYS issued cosmetology, nail, esthetic, waxing or natural hair styling license on display, ask the service provider to show it to you.
What should I do if they cannot show me a license?
If a license is not available for your viewing, you may want to verify the provider’s licensure by contacting the NYS Department of State, Division of Licensing at (212) 417-5747 or access the Licensing Services’ online database at www.dos.state.ny.us.
What other information should be posted at the spa/salon?
In addition to licenses, an itemized list of all services performed and prices charged for those services should be displayed near the entrance or reception area.
Can any operator perform any service I need?
A provider should be licensed in the services that they are performing. All personal services offered in New York State require that the individual offering these services have the proper training and be licensed to offer that particular service to the consumer. The General Business Law in New York State covers services that include:
• Hair and Chemical Services
• Nail Services
• Waxing and Hair Removal Services
• Face and Body Treatments
It is important to note that not all practitioners are licensed to perform all services. NYS licensed cosmetologists can legally perform hair services, nail services, skin services and waxing. Estheticians can perform all services except hair and nail services. Nail, Waxing and Natural Hair Styling specialists can only perform those specific services for which they are licensed. Nail Specialists cannot perform waxing services in New York State.
Safety Guidelines:
It is important to note a number of safety guidelines that all practitioners should be following:
• The facility where any service is being offered should be clean, in good repair and free from dangerous conditions or hazards.
• Sufficient space with good lighting should be provided to ensure the safety and health of the consumer.
• Hot and cold running water, toilet facilities, and covered containers for paper and waste should be provided.
• State regulations require that a provider follow infection control procedures that protect the provider and the client. Hand washing is required of all nail care clients and providers prior to a nail service being performed.
• Tables and beds used for personal services should be sanitized/cleaned between each client.
• All implements that may abrade or clip superficial skin should be immersed in an EPAapproved disinfectant for at least 10 minutes and disinfected after each use.
• Porous manicuring and waxing implements such as emery boards, block buffers and waxing sticks and other implements that cannot be disinfected should not be used for more than one person.
• Gloves should be worn by operators performing waxing or extractions.
• Disposable supplies such as cotton, sponge applicators and paper products should never be used for more than one person.
• Disposable towels and paper table coverings should only be used as a single-use item.
• Other tools used to provide services should be cleaned, then disinfected after each client, using an EPA-approved disinfectant. These tools include but are not limited to scissors, razors, clippers, combs, brushes, capes and bowls.
The consumer should be able to observe the provider performing these duties between client services. Your technician may meet these requirements by providing a kit for each client and/or disposing of single-use items after each client.
Are there implements that are prohibited or limited from use?
Yes. Some items can be used only once per client and other items can not be used at all in performing services.
• The use of chamois buffers, pumice stones, credo blades and styptic pencils and bar soap is prohibited.
• The use of non-disposable powder puffs, sponges or neck dusters, which cannot be immersed in an EPA-approved hospital grade disinfectant is prohibited.
• Other items that can be used for only one application and disposed of include emery boards; nail white pencils (unless sharpened after each use), shaving mugs without the use of sanitary paper or plastic liners and razors for more than one application.
• Finger bowls, pedicure bowls and footbaths must be cleaned, rinsed and disinfected after each use.
• All sharp or pointed items should be stored when not in use.
• All fluids, creams and powders must be dispensed with shakers, dispenser pumps, spatulas or sprays to prevent contamination.
Client safety: Negative reactions
In the event that you have a negative reaction to a chemical service performed, tell the technician. If the sensation is extreme, or if you think you may be having an allergic reaction, ask the technician for a Material Safety Data Sheet (MSDS) and seek medical attention.
New York State
Department of State
Division of Licensing Services
www.dos.state.ny.us
Appearance Enhancement
ARTICLE 27 GENERAL BUSINESS LAW
Licensing of Nail Specialty, Natural Hair Styling, Waxing, Esthetics and Cosmetology
Section
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
Title 19 NYCRR, Part 160
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
Title 19 NYCRR, Part 162
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.
APPEARANCE ENHANCEMENT
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.
APPEARANCE ENHANCEMENT:
CURRICULUM
PART 162
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.
§162.1 Nail specialty
(a) Scope of curriculum. Educational requirements for nail specialists shall include the following subjects and the hours assigned to each:
Scope of Curriculum
Hand, Arm, Foot and LegFoot, Skin Disorders and Diseases
|
| 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:
ORIENTATION—4 HOURS
School Rules and Regulations
Qualities of the Professional Nail Specialist
Code of Ethics
Familiarization of School Facilities and Supplies
Subject 1
SAFETY AND HEALTH—8 HOURS
Local, State, Federal Safety Codes
Subject 2
ANATOMY AND PHYSIOLOGY OF THE
NAIL, HAND, ARM, FOOT
AND LEG—10 HOURS
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
Subject 3
BACTERIA AND INFECTIOUS DISEASES;
NAIL, FOOT, SKIN DISORDERS
AND DISEASES—10 HOURS
Subject 4
METHODS OF INFECTION
CONTROL—10 HOURS
Chemical Methods of Sanitation
Physical Methods of Sanitation
Sanitary Rules and Regulations
Bloodborne Pathogen Infection Control
Subject 5
CLIENT CONSULTATION—4 HOURS
Subject 6
MANICURING AND HAND/ARM
MASSAGE—20 HOURS
Subject 7
PEDICURING—15 HOURS
Subject 8
TIP APPLICATION AND
DESIGN—12 HOURS
Subject 9
NAIL WRAPS—25 HOURS
Silk, Fiberglass, and Linen Procedures
Surface Wrapping Natural Nail and Mending
Tip Overlay Wrapping
Liquid Nail Wrap
Maintenance
Subject 10
LIQUID AND POWDER NAIL
EXTENSIONS—50 HOURS
Subject 11
GEL NAILS—20 HOURS
Subject 12
NAIL ART—4 HOURS
Subject 13
RETAILING TECHNIQUES—6 HOURS
Subject 14
BUSINESS PRACTICES—8 HOURS
Business Operation
Site Planning and Design
Accounting and Inventory
Payroll Regulations
Subject 15
JOB SKILLS—6 HOURS
§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:
ORIENTATION—4 HOURS
School Rules and Regulations
History of Esthetics
The Role of the Esthetician
Qualities of the Professional Esthetician
Code of Ethics
Subject 1
SAFETY AND HEALTH—8 HOURS
Local, State, Federal Safety Codes
Salon/Clinic Rules and Regulations
General Salon/Clinic Safety
First Aid
Hazardous Materials Communications (HAZMAT)
Subject 2
BACTERIOLOGY—18 HOURS
Types and Classification
Bacterial Growth and Reproduction
Bacterial Infections and Their Prevention
Immunity and Body Defenses
Methods of Infection Control
Physical and Chemical Agents
Subject 3
ANATOMY, PHYSIOLOGY AND
NUTRITION—25 HOURS
Cells, Tissues, and Organs
Body Systems
Importance of Water
Nutrition for Healthy Skin and Longevity
Subject 4
STRUCTURE AND FUNCTIONS OF
THE SKIN—12 HOURS
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)
Subject 5
SUPERFLUOUS HAIR—24 HOURS
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
Subject 6
CHEMISTRY—3 HOURS
Subject 7
CHEMISTRY AS APPLIED TO
COSMETICS—21 HOURS
Cosmetics
Skin Care Products
Massage Creams and Oils, Ampoules, and Scrubs New Technologies
FDA Laws Governing Cosmetics and Cosmetic Safety
Subject 8
ELECTRICITY AND MACHINES—18 HOURS
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
Subject 9
FACIAL TREATMENTS—225 HOURS
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
Subject 10
BODY PROCEDURES
(NO MACHINES)—48 HOURS
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
Subject 11
MAKE-UP TECHNIQUES—84 HOURS
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
Subject 12
BUSINESS PRACTICES—50 HOURS
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
Subject 13
JOB SKILLS—6 HOURS
Resume
Interviews
Letter Writing
Licensing Regulations
Job Attitudes
Professional Organizations
Continuing Education
Industry Trade Shows, Magazines, etc.
Career Opportunities>
Subject 14
INTRODUCTION TO PARAMEDICAL
ESTHETICS 18—HOURS
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 |
(b) Subject matter. Each subject shall include a treatment of the topics as set forth herein:
Subject 1
PROFESSIONAL REQUIREMENTS—10 Hours
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
Subject 2
SAFETY AND HEALTH—20 Hours
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
Subject 3
ANATOMY AND PHYSIOLOGY—5 Hours
Cells, Tissues, and Organs
Body Systems
Basic Principles of Nutrition
Subject 4
HAIR ANALYSIS—10 Hours
Subject 5
HAIR AND SCALP DISORDERS AND
DISEASES—10 Hours
Dandruff
Alopecia
Fungal Infections
Infestations
Infections
Subject 6
CHEMISTRY AS APPLIED TO
NATURAL HAIR STYLING—5 Hours
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
Subject 7
SHAMPOOS, RINSES, CONDITIONERS AND
TREATMENTS—20 Hours
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
Subject 8
HAIR BRAIDING, LOCKING, WEAVING AND
STYLING—220 Hours
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:
Scope of Curriculum
|
| 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:
Subject 1
PROFESSIONAL REQUIREMENTS—24 Hours
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
Subject 2
SAFETY AND HEALTH—26 Hours
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
Subject 3
ANATOMY AND PHYSIOLOGY—15 Hours
Cells, Tissues and Organs
Body Systems
Basic Principles of Nutrition
Overview of Bones and Muscles of the Head, Arms, Hands, Legs and Feet
Subject 4
HAIR ANALYSIS—10 Hours
Structure
Growth Patterns
Texture
Porosity
Elasticity
Subject 5
HAIR AND SCALP DISORDERS AND
DISEASES—10 Hours
Dandruff
Alopecia
Fungal Infections
Infestations
Infections
Subject 6
CHEMISTRY AS APPLIED TO
COSMETOLOGY—5 Hours
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
Subject 7
SHAMPOOS, RINSES, CONDITIONERS AND
TREATMENTS—30 Hours
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
Subject 8
HAIR CUTTING AND SHAPING—175 Hours
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
Subject 9
HAIR STYLING—245 Hours
Fingerwaving
Pincurling
Skipwaving
Roller Styling
Patterns in Hairstyling
—Waves, Pin Curls, Rollers and Combinations
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
Subject 10
CHEMICAL RESTRUCTURING—180 Hours
Chemistry
Chemical Restructuring Products
Client Consultation
Preliminary Procedure of Chemical Restructuring
Procedure of Chemical Restructuring
Corrective Chemical Restructuring
Subject 11
HAIR COLORING AND
LIGHTENING—180 Hours
Subject 12
NAIL CARE AND PROCEDURES—40 Hours
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
Subject 13
SKIN CARE AND PROCEDURES—60 Hours
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:
Subject 1
PROFESSIONAL REQUIREMENTS—10 Hours
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
Subject 2
SAFETY AND HEALTH—20 Hours
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
Subject 3
SKIN STRUCTURE, DISORDERS
AND DISEASES—10 Hours
Histology of the Skin and its Functions
Skin Disorders and Diseases
Hair Structure and Functions With Relation to Waxing
Subject 4
REMOVAL OF SUPERFLUOUS
HAIR—35 Hours
Theoretical Overview of Permanent Methods (Electrolysis, Thermolysis, Blend)
Temporary Methods of Hair Removal
—Manual tweezing
—Depilatory lotion
—Waxing (strip and non-strip)
Cosmetology
Esthetics
Natural Hair Styling
Nail Specialty
Nail Specialty Application (pdf) and Instructions
You must have submitted your completed application to the Division of Licensing Services and received an admission card/notice before walking in to take the Nail Specialty exam (see schedule below). A Nail Specialty License will not be issued until you pass both the written and practical exams.
You may not apply for a second temporary license until you pass the written exam.
Seats are limited and assigned on a first-come/first-served basis. If you are late, you will not be admitted into the exam.
What To Bring
A form of government issued signature identification which must be photo-bearing. Your identification must be current and from the following list:
driver's license
state issued identification (ex. non-driver ID)
military ID
United States Passport
United States INS issued ID
Certificate of US citizenship
$15 examination fee. You may pay by check or money order made payable to the Department of State or charge the fee to MasterCard or Visa. Cash will not be accepted. Examination fees are nonrefundable. A $20 fee will be charged for any returned check.
Admission card/notice - Keep this card/notice until you have passed the written exam and receive your license.
Test Center Policies
All applicants will be thumb printed prior to taking the exam.
Cellular phones, beepers and any other electronic devices MUST be turned off during the exam.
Dictionaries, books, other reference materials, large bags and briefcases are not allowed at the test center. Do not bring these materials to the test center as there is no place to store them.
Eating, drinking or smoking is not permitted at the test center. If you bring food or beverages, you will be asked to dispose of them before entering the test center.
Visitors, guests and children are not permitted at the test center.
Any person found using notes, books, or other aids; giving or receiving help; removing examination materials or notes from the test center; causing a disturbance or engaging in practices contrary to the rules of proper examination conduct will be dismissed from the test center. Any decisions regarding disciplinary measures will be made by the Exam Supervisor at the Department of State.
Score Reporting
You must correctly answer at least 70 percent of the questions to pass the exam. However, all exam results are reported as either passed or failed; you will not get a numerical score.
You will be notified by mail as soon as your exam results are available. Results are not given over the phone, so please do not call Licensing Services for them.
If you pass the written exam, you will receive a notice in the mail. At a later date, you will be sent an admission notice with the date, time and location of the practical exam for which you are scheduled. Please note that practical exams are scheduled; they are NOT walk-in exams.
If you fail the written exam, you will receive a notice in the mail. You may retake the written exam using the same exam admission card/notice from the first exam. Exam schedules are updated in January and July of each year.
Nail Specialty Walk-In Examination - About the Exam
The exam is multiple choice, based on the 250-hour prelicensing curriculum.
Exam topics include: New York State laws, rules and regulations governing appearance enhancement license law and safety and health issues; hazardous materials communication; methods of infection control; anatomy and physiology (including body cells, tissues, organs and body systems); histology of the skin, bones, muscles and nerves of the hand and arm, and nail structure; infections and infectious agents; nail, skin and foot disorders and diseases; and client consultation and procedures (including color analysis, massage, pedicuring, basic manicure techniques and advanced techniques including nail tips, wraps, gels and acrylics).
Applicants will be allowed 2½ hours to complete the test. The allotted time begins at the conclusion of the instructions.
Walk-In Examination Schedule
January - June 2009
Nail Specialty
Test sites and times are subject to change and exams may be canceled due to weather conditions or other emergencies. If hazardous weather conditions exist in your area, you may call 518-474-4429 to see if an exam has been canceled. Please do not call the test centers listed below.
If you need assistance or exam information, you may contact a Division of Licensing Services office in your area or call the Albany phone center at 518-474-4429. TDD users may contact the New York State relay operator at 1-800-662-1220. Persons with disabilities who require accessibility information may call 518-473-2731.
No one will be admitted to an examination after the specified starting time.
MONDAYS at 9:30 a.m. & 1:30 p.m. (see dates below)
ALBANY*
Alfred E. Smith State Office Building
80 South Swan Street
Albany, New York 12239
*Located at the corner of Washington Avenue and South Swan Street
FRANKLIN SQUARE (VFW Hall)
68 Lincoln Road, Basement (N6 Bus Route on Hempstead Turnpike)
From the East, take the Southern State Parkway to Exit 16N, Franklin Ave.
From NYC/West, take the Cross Island Parkway SOUTH to the Southern State Parkway EAST. Take exit 15, Franklin Ave., turn left at the 2nd light onto Franklin Ave.
On Franklin Ave., turn RIGHT onto Hempstead Turnpike and go 5 blocks. Turn LEFT onto Lincoln Rd. (7-Eleven on corner). The VFW Hall and parking lot are on the RIGHT.
HAUPPAUGE (Perry Duryea State Office Building)
250 Veterans Memorial Highway
Basement Conference Room
Note: Building sits back off highway. Look for the green sign near the road.
NEW YORK CITY
123 William Street, 19th Floor
SYRACUSE (State Office Building)
333 E. Washington Street, Main Floor, Hearing Room A
BUFFALO (State Office Building)
65 Court Street, Main Floor Hearing Room, Part 5
| Jan
12 | Feb
9 | Mar
16 | Apr
20 | May
11 | June
15 |
MONDAYS at 9:30 a.m. & 1:30 p.m. (see dates below)
BINGHAMTON (State Office Bldg.)
44 Hawley Street, 15th Floor
UTICA (State Office Bldg.)
207 Genesee Street 1st Floor, Room 107
NEWBURGH (Orange Ulster BOCES Adult Educational Center)
Federal Building, 471 Broadway, 2nd Floor
NYS Thruway Exit 17, take ramp toward Stewart Airport. Turn LEFT onto NY-17K, continue approximately 2 miles. Test center is on RIGHT.
ROCHESTER (Finger Lakes DDSO)
620 Westfall Road
Take NYS Thruway to Exit 46, take 390 North to exit 16, turn RIGHT on East Henrietta Road, turn right at 2nd traffic light onto Westfall Road, Finger Lakes DDSO is on LEFT. Park in lot on right. Do Not enter through main lobby. Look for Sign, "New York State Testing."
| Jan
12 | Feb
9 | Mar
16 | Apr
20 | May
11 | June
15 |
Under a policy of endorsement, a state with higher educational requirements can accept licensees from a state with lesser standards by mandating experience to make up for the education deficiencies.
Below you will find the list of Nail Specialty "endorsement" states and the requirements needed for licensure.
The applicant must include with their application an official letter of good standing (certification), dated within six months, from the Cosmetology Board where the applicant is currently licensed.
Nail Specialty Endorsement List
| State | Minimum Qualification |
| Alaska | Current Licensure |
| Arizona | Current Licensure |
| Colorado | Current Licensure |
| District of Columbia
(Washington, DC) | Current Licensure |
| Maine | Current Licensure |
| Massachusetts | Current Licensure |
| New Mexico | Current Licensure |
| New Hampshire | Current Licensure |
| North Carolina | Current Licensure |
| Oregon | Current Licensure |
| Pennsylvania | Current Licensure |
| Tennessee | Current Licensure |
| Utah | Current Licensure |
| Wyoming | Current Licensure |
Waxing
Waxing Application (PDF) and Instructions -
You must have submitted your completed application to the Division of Licensing Services and received an admission card/notice before walking in to take the waxing exam. Refer to schedule below to find the most convenient location, date and time for you to take an upcoming exam. A Waxing License will be issued when you pass the written exam.
Seats are limited and assigned on a first-come/first-served basis. If you are late, you will not be admitted into the exam.
What To Bring
A form of government issued signature identification which must be photo-bearing. Your identification must be current and from the following list:
driver's license
state issued identification (ex. non-driver ID)
military ID
United States Passport
United States INS issued ID
Certificate of US citizenship
$15 examination fee. You may pay by check or money order made payable to the Department of State or charge the fee to MasterCard or Visa. Cash will not be accepted. Examination fees are nonrefundable. A $20 fee will be charged for any returned check.
Admission card/notice - Keep this card/notice until you have passed the written exam and receive your license.
Test Center Policies
All applicants will be thumb printed prior to taking the exam.
Cellular phones, beepers and any other electronic devices MUST be turned off during the exam.
Dictionaries, books, other reference materials, large bags and briefcases are not allowed at the test center. Do not bring these materials to the test center as there is no place to store them.
Eating, drinking or smoking is not permitted at the test center. If you bring food or beverages, you will be asked to dispose of them before entering the test center.
Visitors, guests and children are not permitted at the test center.
Any person found using notes, books, or other aids; giving or receiving help; removing examination materials or notes from the test center; causing a disturbance or engaging in practices contrary to the rules of proper examination conduct will be dismissed from the test center. Any decisions regarding disciplinary measures will be made by the Exam Supervisor at the Department of State.
Score Reporting
You must correctly answer at least 70 percent of the questions to pass the exam. However, all exam results are reported as either passed or failed; you will not get a numerical score.
You will be notified by mail as soon as your exam results are available. Results are not given over the phone, so please do not call Licensing Services for them.
If you pass the written exam, you will receive your license in the mail.
If you fail the written exam, you will receive a notice in the mail. You may retake the written exam using the same exam admission card/notice from the first exam. Exam schedules are updated in January and July of each year.
Waxing Walk in Examination - About the Exam
The exam is multiple choice, based on the 75-hour prelicensing curriculum.
Exam topics include: New York State laws, rules and regulations governing appearance enhancement license law, safety and health issues; hazardous materials communication; methods of infection control; infections and infectious agents; histology of the skin and its function; skin conditions and disorders; hair structure and function related to hair removal; and methods of hair removal.
Applicants will be allowed 2½ hours to complete the test. The allotted time begins at the conclusion of the instructions.
Test sites and times are subject to change and exams may be canceled due to weather conditions or other emergencies. If hazardous weather conditions exist in your area, you may call 518-474-4429 to see if an exam has been canceled. Please do not call the test centers listed below.
If you need assistance or exam information, you may contact a Division of Licensing Services office in your area or call the Albany phone center at 518-474-4429. TDD users may contact the New York State relay operator at 1-800-662-1220. Persons with disabilities who require accessibility information may call 518-473-2731.
No one will be admitted to an examination after the specified starting time.
Walk-In Examination Schedule
January - June 2009
Waxing
Test sites and times are subject to change and exams may be canceled due to weather conditions or other emergencies. If hazardous weather conditions exist in your area, you may call 518-474-4429 to see if an exam has been canceled. Please do not call the test centers listed below.
If you need assistance or exam information, you may contact a Division of Licensing Services office in your area or call the Albany phone center at 518-474-4429. TDD users may contact the New York State relay operator at 1-800-662-1220. Persons with disabilities who require accessibility information may call 518-473-2731.
No one will be admitted to an examination after the specified starting time.
MONDAYS at 1:30 p.m. (see dates below)
ALBANY*
Alfred E. Smith State Office Building
80 South Swan Street
Albany, New York 12239
*Located at the corner of Washington Avenue and South Swan Street
FRANKLIN SQUARE (VFW Hall)
68 Lincoln Road, Basement (N6 Bus Route on Hempstead Turnpike)
From the East, take the Southern State Parkway to Exit 16N, Franklin Ave.
From NYC/West, take the Cross Island Parkway SOUTH to the Southern State Parkway EAST. Take exit 15, Franklin Ave., turn left at the 2nd light onto Franklin Ave.
On Franklin Ave., turn RIGHT onto Hempstead Turnpike and go 5 blocks. Turn LEFT onto Lincoln Rd. (7-Eleven on corner). The VFW Hall and parking lot are on the RIGHT.
HAUPPAUGE (Perry Duryea State Office Building)
250 Veterans Memorial Highway
Basement Conference Room
Note: Building sits off highway; look for green sign near road.
NEW YORK CITY
123 William Street, 19th Floor
BUFFALO (State Office Building)
65 Court Street, Main Floor, Hearing Room, Part 5
SYRACUSE (State Office Building)
333 E. Washington Street, Main Floor, Hearing Room A
| Jan
26 | Feb
23 | Mar
30 | Apr
27 | May
18 | June
29 |
MONDAYS at 1:30 p.m. (see dates below)
BINGHAMTON (State Office Bldg.)
44 Hawley Street, 15th Floor
UTICA (State Office Bldg.)
207 Genesee Street 1st Floor, Room 107
NEWBURGH* (Orange Ulster BOCES Adult Educational Center)
Federal Building, 471 Broadway, 2nd Floor
NYS Thruway Exit 17, take ramp toward Stewart Airport. Turn LEFT onto NY-17K, continue approximately 2 miles. Test center is on RIGHT.
| Jan
26 | Feb
23 | Mar
30 | Apr
27 | May
18 | June
29 |
Appearance Enhancement License Law
Please note that Section 160.10 of the NYCRR (see our law booklet) provides that an owner of an appearance enhancement shop shall conspicuously post a sign. You may download this example if you care to do so.
Appearance Enhancement Business/Area Renter
Application and Instructions
Credit Card Authorization Form
POINTS OF INTEREST
NYS Appearance Enhancement Advisory Committee
Barber Operator Application (pdf) and Instructions
Experience Statement (pdf)
Barber Apprentice Application (pdf) and Instructions
Barber Shop Owner/Area Renter Application (pdf) and Instructions
Credit Card Authorization Form - (pdf)
Practice of Barbering License Law
Barbering Exam Information
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