§ 400 — Definitions

New York § 400

• Jurisdiction: New York
• Law GBS: General Business
• Art. 27: Licensing of Nail Specialty, Natural Hair Styling, Esthetics and Cosmetology

Text

§ 400. Definitions. As used in this article, unless the context\nrequires otherwise:\n 1. "Secretary" means the secretary of state.\n 2. "Person" means an individual, firm, limited liability company,\n partnership or corporation.\n 3. "Licensee" means a person licensed pursuant to this article to\nengage in the practice of natural hair styling, esthetics, nail\nspecialty or cosmetology, or to operate an appearance enhancement\nbusiness in which such practice, as herein defined, is provided to the\npublic.\n 4. The practice of "nail specialty" means providing services for a fee\nor any consideration or exchange to cut, shape or to enhance the\nappearance of the nails of the hands or feet. Nail specialty shall\ninclude the application and removal of sculptured or artificial nails.\n 5. The practice of "natural hair styling" means providing for a fee,\nor any consideration or exchange, whether direct or indirect, any of the\nfollowing services to the hair of a human being: shampooing, arranging,\ndressing, twisting, wrapping, weaving, extending, locking or braiding\nthe hair or beard by either hand or mechanical appliances. Such practice\nshall not include cutting, shaving or trimming hair except that such\nactivities are permissible to the extent that such activities are\nincidental to the practice of natural hair styling. Such practice shall\nnot include the application of dyes, reactive chemicals, or other\npreparations to alter the color or to straighten, curl, or alter the\nstructure of the hair. Techniques which result in tension on hair roots\nsuch as certain types of braiding, weaving, wrapping, locking and\nextending of the hair may only be performed by a natural hair styling or\ncosmetology licensee who has successfully completed an approved course\nof study in such techniques.\n 6. The practice of "esthetics" means providing for a fee, or any\nconsideration or exchange, whether direct or indirect, services to\nenhance the appearance of the face, neck, arms, legs, and shoulders of a\nhuman being by the use of compounds or procedures including makeup,\neyelashes, depilatories, tonics, lotions, waxes, sanding and tweezing,\nwhether performed by manual, mechanical, chemical or electrical means\nand instruments but shall not include the practice of electrology.\n 7. The practice of "cosmetology" means providing the services\ndescribed in subdivisions four, five and six of this section, providing\nservice to the hair, head, face, neck or scalp of a human being,\nincluding but not limited to shaving, trimming, and cutting the hair or\nbeard either by hand or mechanical appliances and the application of\nantiseptics, powders, oil, clays, lotions or applying tonics to the\nhair, head, or scalp, and in addition includes providing, for a fee or\nany consideration or exchange, whether direct or indirect, services for\nthe application of dyes, reactive chemicals, or other preparations to\nalter the color or to straighten, curl, or alter the structure of the\nhair of a human being.\n 8. "Appearance enhancement business" means the business of providing\nany or all of the services licensed pursuant to this article at a fixed\nlocation.\n 9. "Department" means the department of state.\n 10. The practice of "waxing" means providing for a fee, or any\nconsideration or exchange, whether direct or indirect, services to\nenhance the appearance of the face, neck, arms, legs, or shoulders of a\nhuman being by the removal of hair by the use of depilatories, waxes or\ntweezing but shall not include the practice of electrology.\n 11. "Trainee" means a person pursuing in good faith a course of study\nin the practice of nail specialty under the tutelage, supervision and\ndirection of a licensed nail practitioner. Such trainee shall be\nemployed by a licensed appearance enhancement business.\n