N.Y. General Business Law § 400: Definitions

§ 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 or cosmetology, 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, oil, 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.

11. "Trainee" means a person pursuing in good faith a course of study

in the practice of nail specialty under the tutelage, supervision and

direction of a licensed nail practitioner. Such trainee shall be

employed by a licensed appearance enhancement business.