§ 406 — License application; procedure; requirements; temporary license

New York § 406

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

Text

§ 406. License application; procedure; requirements; temporary\nlicense. 1. a. Any person intending to practice nail specialty, waxing,\nnatural hair styling, esthetics or cosmetology as defined in this\narticle, or to own or operate an appearance enhancement business, shall\nfirst make application to the secretary for a license therefor.\n b. Such application shall be in a form and manner prescribed by the\nsecretary and shall contain such information as, in the secretary's\njudgment, is reasonable and necessary to determine the qualifications\nand fitness for licensing of the applicant.\n c. The application shall be subscribed by the applicant and affirmed\nunder penalty of perjury.\n d. Each application shall be accompanied by the appropriate fee as\nprescribed by this article.\n e. Each application shall be accompanied by a certificate of a duly\nlicensed physician, or nurse practitioner to the extent authorized by\nlaw and consistent with subdivision three of section six thousand nine\nhundred two of the education law on a form prescribed by the secretary,\nshowing freedom from any infectious or communicable disease which\ncertificate shall have been issued within thirty days prior to the date\nof the filing of the application.\n f. Notwithstanding the educational requirements of this section, a\ntrainee may obtain a license to practice nail specialty if such trainee\nprovides satisfactory evidence to the secretary that such trainee has\nbeen actively engaged in a traineeship for a period of one year and has\ncompleted a course of study set forth by the secretary. Such course of\nstudy may be delivered by electronic means.\n 2. a. Any person seventeen years of age or older may apply to the\nsecretary for a license to practice nail specialty, waxing, natural hair\nstyling, esthetics or cosmetology.\n b. Each such application shall also be accompanied by satisfactory\nevidence of having taken and passed the appropriate examination or\nexaminations offered by the secretary pursuant to this article for the\nlicense sought and evidence of the successful completion of an approved\ncourse of study in nail specialty, waxing, natural hair styling,\nesthetics or cosmetology in a school duly licensed pursuant to the\neducation law.\n c. Any applicant for a license to practice nail specialty, waxing,\nnatural hair styling, esthetics or cosmetology may submit satisfactory\nevidence of licensure to practice an equivalent occupation issued by any\nother state, territory, protectorate or dependency of the United States\nor any other country in lieu of the evidence of schooling and\nexamination required by this subdivision, provided that such license was\ngranted in compliance with standards which were, in the judgment of the\nsecretary, not lower than those of this state and provided that such\nstate, territory, protectorate, dependency, or country extends similar\nreciprocity to the licensees of this state, or the applicant practiced\nan equivalent occupation in such state, territory, protectorate,\ndependency or country for a minimum of five years, or the applicant is a\nmember of the household of a member of the armed forces of the United\nStates, national guard or reserves and was a member of such household\nbefore such member relocated to the state.\n d. Notwithstanding the educational requirements of this section and\nthe testing requirements of this section, an applicant who otherwise has\nmet the licensing requirements of this article for a nail specialist,\nwaxer, natural hair stylist, esthetician or cosmetologist who shall\nprovide satisfactory evidence he or she has been actively and\ncontinuously engaged in the practice of nail specialty, waxing, natural\nhair styling, esthetics or cosmetology for at least one year prior to\nthe effective date of this article, may be issued a license for nail\nspecialty, waxing, natural hair styling, esthetics or cosmetology\npursuant to this article. Notwithstanding the educational and testing\nrequirements of this section, a person licensed to practice barbering\nunder article twenty-eight of this chapter who otherwise has met the\nlicensing requirements of this article may be issued a license to\npractice natural hairstyling. Other than applicants licensed under\narticle twenty-eight of this chapter, those persons who apply after a\ntwelve month period from the effective date of this article will be\nrequired to provide evidence of training and to take the examination or\nexaminations as required for other licenses pursuant to this article.\n e. Upon acceptance by the secretary of a proper application for an\noperator's license to practice nail speciality, waxing, natural hair\nstyling, esthetics or cosmetology, the secretary may issue a temporary\noperator's license which shall expire six months from issuance. Upon\ngood cause shown, the secretary may renew a temporary operator's license\nfor one additional six-month period upon filing the appropriate\napplication and fee.\n 3. Appearance enhancement business license. a. Any person, eighteen\nyears of age or older, or any firm, limited liability company,\npartnership or corporation having at least one member eighteen years of\nage or older may apply to the secretary for an appearance enhancement\nbusiness license.\n b. Each such application for an appearance enhancement business\nlicense shall be accompanied by evidence of a bond or liability\ninsurance.\n 4. a. Notwithstanding any provision contained in this article to the\ncontrary, if any person, eligible for any license pursuant to this\narticle, should be called to active military service at or during the\ntime application for any license is required to be filed and license fee\npaid, pursuant to the provisions of this article, the period within\nwhich said application may be filed and license fee may be paid, is\nextended on behalf of such person, until three months after the\ntermination of said military service.\n b. In the case of persons who are called to active military service\nand will be discharged from active military service, the period of two\nyears specified in paragraph d of subdivision two of this section need\nnot be continuous. The length of time such person was engaged in the\npractice of nail specialty, waxing, natural hair styling, esthetics or\ncosmetology before entering active military service may be added to any\nperiod of time during which such person was or is engaged in the\npractice of nail specialty, waxing, natural hair styling, esthetics or\ncosmetology after the termination of active military service.\n