N.Y. General Business Law § 406: License application; procedure; requirements; temporary license

§ 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 perjury.

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 subdivision three of section six thousand nine

hundred two 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 thirty days prior to the date

of the filing of the application.

f. Notwithstanding the educational requirements of this section, a

trainee may obtain a license to practice nail specialty if such trainee

provides satisfactory evidence to the secretary that such trainee has

been actively engaged in a traineeship for a period of one year and has

completed a course of study set forth by the secretary. Such course of

study may be delivered by electronic means.

2. a. Any person seventeen 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, or the applicant is a

member of the household of a member of the armed forces of the United

States, national guard or reserves and was a member of such household

before such member relocated to the state.

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 twenty-eight 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 twenty-eight of this chapter, those persons who apply after a

twelve 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, eighteen

years of age or older, or any firm, limited liability company,

partnership or corporation having at least one member eighteen 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 two 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.