What's happening
This bill establishes licensing requirements and regulations for laser hair removal technicians and facilities in New York State.
Why it matters
Establishes strict training and competency standards. for laser hair removal technicians, including state-approved curriculum requirements, a minimum number of supervised procedures, and ongoing certification from nationally accredited organizations—raising the professional bar for those performing these procedures.
Requires all non-medical laser hair removal facilities to have both a certified laser safety officer and a consulting physician. who must annually audit safety policies and be available year-round for client injuries, increasing medical oversight and consumer safety for these services.
Mandates significant liability insurance coverage (at least $1 million) for establishments providing laser hair removal. , ensuring financial accountability in case of client harm or accidents and potentially impacting the cost and accessibility of these services.
Allows experienced licensed estheticians already performing laser hair removal to qualify through a competency exam instead of repeating new training requirements. , balancing the introduction of higher standards with recognition of professional experience and minimizing workforce disruption.
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License Laser Hair Removal Technicians
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to consumer protection
- Print number 6088a
- Amend and recommit to rules
- Reported and committed to rules
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
License Laser Hair Removal Technicians
In Assembly Committee · Economic Development · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6088--A
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -reported favorably from said committee and committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to licensing of laser hair removal technicians
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 6 of section 400 of the general business law, as added by chapter 509 of the laws of 1992, is amended and two new subdivisions 12 and 13 are added to read as follows:
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 needle based electrology. The practice of "esthetics" shall include laser hair removal or intense pulses of light hair removal performed on any part of the human body.
12. "Laser hair removal" means the use of a laser or pulsed light device in a hair removal procedure that does not remove the epidermis.
13. "Laser hair removal technician" means a licensed esthetician whose practice is limited to laser hair removal.
§ 2. Subdivision 5 of section 402 of the general business law, as added by chapter 509 of the laws of 1992, is amended to read as follows:
5. Adopt such rules and regulations not inconsistent with the provisions of this article, as may be necessary with respect to the form and content of applications for licenses, the reception thereof, the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11453-03-7
S. 6088--A 2
investigation and examination of applicants and of prospective applicants taking examinations and their qualifications, and the other matters incidental or appropriate to the powers and duties of the secretary as prescribed by this article and for the proper administration and enforcement of the provisions of this article. Nothing in this section shall prohibit the secretary from incorporating competency standards developed by nationally accredited organizations acceptable to the department into requirements for licensure in practice areas when necessary to maintain public health and safety.
§ 3. The general business law is amended by adding a new section 404-c to read as follows:
§ 404-c. Laser hair removal rules and regulations. 1. (a) The secretary shall promulgate rules and regulations which establish standards for the practice and operation of licensed laser hair removal technicians in order to ensure the health, safety and welfare of the public including licensees and trainees when they are working in such establishments. Such rules and regulations shall include, but not be limited to: the implementation of a registration fee for laser hair removal establishments; a minimum age requirement for laser hair removal technicians; the minimum number of hours of training a trainee must receive from a state approved curriculum; training requirements specifying the minimum number of procedures, specific to each part of the body, to be performed on volunteers; continued certification by a nationally accredited organization acceptable to the department.
(b) The department may, at its discretion, waive training and curriculum requirements for currently employed licensed estheticians performing laser hair removal provided that the licensed esthetician satisfactorily completes the competency examination approved by the department.
(c) The secretary shall require establishments providing laser hair removal to maintain a maintenance of a minimum of one million dollars in liability insurance.
2. Every facility that is not a medical practice shall be required to have a laser safety officer certified by an independent laser safety organization acceptable to the department and a consulting physician who is familiar with the use of lasers for hair removal. The consulting physician shall conduct an annual audit of policies and procedures and shall be available throughout the year to see a laser hair removal client in case of injury.
§ 4. This act shall take effect one year after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to licensing of laser hair removal technicians
Purpose
To license and regulate laser hair removal technicians to ensure the health, safety and welfare of laser hair removal consumers, and for technicians and trainees while working in the establishment.
Summary of specific provisions
Section 1. Subdivision 6 of section 400 of the general business law is amended to:
Read the full memo (865 words)
Include laser hair removal or intense pulses light (iPL) hair removal performed on any part of the human body in the practice of "esthetics".
Defines laser hair removal as the use of a laser or pulsed light device in a hair removal procedure that does not remove the epidermis.
Defines a laser hair removal technician as a licensed esthetician whose practice is limited to a laser hair removal.
Section 2. Subdivision 5 of section 402 of the general business law:
Permits the secretary to incorporate competency standards developed by a nationally accredited organization acceptable to the department.
The department may, at its discretion, waive training and curriculum requirements for currently employed licensed estheticians performing laser hair removal provided that the licensed esthetician satisfactorily completes the competency examination approved by the department.
Section 3. The general business law adds a new section 404-c to establish rules and regulations for the practice and operation of licensed hair removal technicians and establishments in order to ensure the health, safety and welfare of the public including licensees and trainees.
Regulations shall include registration fees, minimum age requirements, a minimum number of training hours, a minimum number of training hours specific to each body part which shall be performed on volunteers, a continued certification by a nationally accredited organization acceptable to the department.
The Commissioner of State shall require establishments providing laser hair removal to maintain a minimum of one million dollars in (malpractice) liability insurance.
Every non-medical practice establishment shall be required to have a certified laser safety officer and consulting physician who is trained in the use of lasers for hair removal. The consulting physician will conduct annual policy and procedure audits.
Section 4. The effective date.
Justification
Given growing consumer demand for removing unwanted body hair and the lack of any applicable state law or regulation that addresses the safe use of lasers for this purpose outside of physician offices, the need for this legislation is compelling. New Yorkers who seek these cosmetic services should be protected. It is an important public safety issue.
Removing unwanted body hair using a lasers/pulsed light device is not a medical procedure. These services are optional, completely voluntary and consumer-initiated based on a desire to enhance personal appearance, whereas the practice of medicine involves diagnosing and treating human diseases, pain, injury, deformity or physical condition. Although laser hair removal is a service that is frequently offered in medical practices such as dermatology or plastic surgery, there is no reason to limit hair removal to medical practitioners. However, it is important to require appropriate training and guarantee the competence of non-medical personnel who use lasers for hair removal.
The appropriate oversight resides in appearance enhancement licenses that are issued by the NYS Department of State upon satisfactory completion of training and education governed by the NYS Education Department's Bureau of Proprietary School Supervision.
Laser hair removal is a non-ablative procedure meaning that it does not affect skin layers deeper than the outer layer (epidermis). As such, the procedure bears closest resemblance to esthetician services. Although laser hair removal can be performed safely by non-medical personnel, it is essential that laser hair removal practitioners fully understand and are competency-tested in laser technology fundamentals including equipment calibration and maintenance as well as safety standards that guarantee their safety as well as consumers. It is understood that such practitioners would also meet all the requirements in current regulations for licensed estheticians.
It is important to note that other states increasingly rely upon nationally accredited organizations to test practitioner competence and guarantee the safety of consumers wishing to avail themselves of laser hair removal services. The Board of Laser Safety offers certification for laser safety officers. The Society for Clinical and Hair Removal offers a Certified Laser Hair Removal Professional examination and certification. In fact, this organization requires continuing education in order to maintain certification.
Due to the state's lack of oversight, the number of non-physician laser hair removal practitioners offering their services in New York today is not known. What is known informally is that their insurers report a large number of claims filed by injured New Yorkers who come here from other states in search of lower fees.
This legislation and the ensuing regulations will provide administrative and disciplinary oversight essential for the health, safety and welfare for laser hair removal consumers, trained technicians, trainees, and establishments.
Legislative history
This is a new bill - Same as A7977 Paulin.
Fiscal implications
To be determined.
Effective date
This act shall take effect one year after it shall be signed into law, provided that the addition, amendment and/or repeal of any rule or regulation necessary for the implementation are authorized and directed to be made and completed.
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