NY Gen Bus L § 406 (2021)
2021 New York Laws GBS - General Business Article 27 - Licensing of Nail Specialty, Natural Hair Styling, Esthetics and Cosmetology 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.