Requires licensed appearance enhancement professionals to take continuing education classes concerning infection control and transmission

Summary of provisions

General business law is amended to add a new section 405-a (1) which would require appearance enhancement professionals and appearance enhancement businesses to complete a prescribed course of study or program in the prevention of the transmission of infectious diseases and the proper methods of sterilization and sanitation as a prerequisite to receiving or renewing their current license. (2) Indicates that as a condition for licensure or renewal the applicant must successfully complete a course of study offered through schools of infection control, either through, a home study/correspondence course, online or at one of the schools premises which are licensed by the Department of Education. An appearance enhancement school that wishes to become an approved provider may do so through the Department of Education in conjunction with a school of infection control, so that our appearance enhancement professionals can turn to the full range of training providers.

Subdivision 6 of section 408 of the general business law is amended to delete the phrase "from its application".

Provides that any school of infection control or appearance enhancement school approved by the Department of Education shall be annually assessed by the Secretary of State a percentage of their gross tuition as follows:

1. Beginning October 1, 2010, 6%. 2. Beginning April 1, 2011, 5%. 3. Beginning April 1, 2012, 4%. 4. Beginning April 1, 2013, 3% and each year thereafter.

In the event of a surplus over the amount necessary to implement and enforce this section, the Secretary of State in consultation with the Director of The Budget shall transfer any surplus to the general fund.

Existing law

In 1999 the Legislature instituted a requirement for barbers and barber apprentices, to complete a state approved infection control course work in order to renew or obtain their barbering licenses. The requirements state that barbers and barber apprentices "must complete" a course of study regarding the transmission of contagious diseases and the proper methods of sanitation and sterilization to be employed in barber shops especially as they relate to tools and instruments. The cost of this course is and has been $59.95 since its inception. A memo from the Department of the New York State Division of Licensing Services indicates that many additional schools have since been approved to offer the "Infection Control Course" presumably in response to the increased demand to comply with the enacted Barber Law (Article 28 of the General Business Law). Currently, there are three licensed proprietary schools offering the home study HIV Infection Control Courses, they are American Barber Institute, Atlas Barber School, and Shear Ego International School of Hair Design. They offer the curriculum by long distance methods of instruction and testing (such as a home study and correspondence courses), or through an online course. There are also eleven BOCES schools that offer in-house class room instruction on premises.

However there is currently no requirement for appearance enhancement professionals in the fields of waxing, cosmetology, esthetics, natural hairstyling or nail specialty to receive training in infection prevention or control.

Justification

It is of paramount importance to protect the people of the State of New York from contracting viral, bacterial or fungal disease. Infectious diseases such as Staph infection, HIV, Hepatitis (B and C), and Tuberculosis as well as many other strains of blood born diseases and pathogens can spread through contact with infected blood, aerosol droplets which are expelled when persons infected cough, sneeze, speak, or spit. Such infections can occur if scissors, razors, nail cuticle cutters, and other instruments that can, and often do, cut the skin and draw blood are not properly sanitized and sterilized after each and every use. There are many myths and fallacies regarding the transmission of such diseases as HIV. It is vitally important to provide appearance enhancement communities with accurate and up to date information concerning the spread of infectious diseases. This legislation will help to minimize the transmission of blood born diseases and ensure the appearance enhancement professionals in New York State to receive the proper training that will better enable them to keep both themselves and their clients safe from infectious diseases.

Furthermore, the bill provides a mechanism that will ensure that there are adequate resources available to administer and enforce the provisions of this legislation.

Legislative history

New bill.

Fiscal implications

This bill provides a mechanism that will create a substantial amount of revenue to assist in the bill's enactment and enforcement.

Local fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become law.