2023 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.