reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IV - Division Of Corporations And State Records › Part 156 - Names › Section 156.1 - Searches

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Name
				availability searches. A request to search the records of the department for
				the availability of an organization name shall be in writing and be accompanied
				by the appropriate fee. If the search reveals that a name is not available, the
				department in so responding need not state the reason why unless asked in
				writing to do so. When the reason is that the name conflicts with the name of
				another organization, the department need provide no more than one example
				unless specifically and separately asked to provide additional conflicting
				names.
(b) Other searches of
				records. Except for a name availability search, a request to search the records
				of the department need not be in writing. Unless the required fee accompanies
				the request, the department shall limit the number of names searched to the
				number the law allows without fee. To determine if a fee is due, the department
				shall treat as one all requests received from the same source in the same
				business day.
(c) Effect of
				availability or reservation. By responding that a name is available or by
				accepting a reservation of a name, the department does not approve the name.
				Availability or reservation does not imply that the name satisfies any
				particular requirement of law nor any particular standard of a body with power
				to grant or withhold its approval, license, or permit or to take any other
				action. No expenditure or other commitment should be made in reliance upon the
				availability of or reservation of a name.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IV - Division Of Corporations And State Records › Part 156 - Names › Section 156.2 - Standards

Current through Register Vol. 46, No. 28, July 10, 2024
This section furnishes general guidelines used to determine
				  whether a proposed name is acceptable as the name of an entity in the records
				  of the Secretary of State.
(a)
				Definitions.
(1) The term entity means a
				domestic corporation, limited liability company, limited partnership or
				registered limited liability partnership or foreign corporation, limited
				liability company, limited partnership or New York registered foreign limited
				liability partnership.
(2) The term
				name means the real name of a domestic corporation, limited liability company,
				limited partnership or registered limited liability partnership or the real or
				fictitious name of a foreign corporation, limited liability company, limited
				partnership or New York registered foreign limited liability
				partnership.
(3) The term existing
				entity means a domestic corporation, limited liability company or limited
				partnership that has not been dissolved, annulled, or had its authority to do
				business cancelled or revoked, or a foreign corporation, limited liability
				company or limited partnership that has not surrendered its authority,
				terminated its existence or had its authority to do business or conduct
				activities annulled.
(4) Entity
				indicator means the words "corporation," "incorporated," "limited," "limited
				liability company," "professional service limited liability company,"
				"professional service corporation," "design professional corporation," "limited
				partnership," "limited liability partnership," "registered limited liability
				partnership" or any permitted abbreviation thereof used in the name of an
				entity. An entity indicator must be separate from other words or parts of words
				in the entity name to be considered an entity indicator.
(5) Key word means a word other than an
				article of speech, preposition, conjunction, or an entity indicator.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IV - Division Of Corporations And State Records › Part 156 - Names › Section 156.3 - Fictitious names

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Statement
				of fictitious name. A fictitious name is the name an organization submits in
				its application for authority when its real name is not acceptable for
				authorization. Every foreign organization applying for authority to do business
				in this State or to engage in activities in this State, whose real name is not
				acceptable for authorization, shall include a statement in its application or
				amendment thereto: "The fictitious name under which the organization shall
				conduct its business or activities in New York is. . .", or words to such
				effect.
(b) Filing an assumed name
				certificate. A foreign organization authorized under a fictitious name may take
				an assumed name. In the certificate of assumed name, the organization shall set
				forth its real name and its fictitious name.
(c) Discontinuance of a fictitious name. When
				a foreign organization authorized under a fictitious name files an instrument
				changing its real name to a name which is available in New York, it must
				discontinue the use of the fictitious name in New York State. The certificate
				of amendment must contain a statement: "The fictitious name of. . ., under
				which the organization has conducted its business or activities, is
				discontinued," or similar words to that effect, combined with a statement
				deleting the appropriate paragraph or section from the original application for
				authority or original application as amended. The Department of State is not
				responsible to notify an authorized foreign organization using a fictitious
				name when or if its real name becomes available.
(d) Terms indicating form.
(1) A fictitious name of a corporation shall
				contain no indicator of organizational form (e.g., corporation, limited,
				incorporated, or the respective abbreviation).
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IV - Division Of Corporations And State Records › Part 156 - Names › Section 156.4 - Assumed names

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An assumed
				name is a name, other than its real name or fictitious name, under which an
				organization conducts business in this State. An assumed name is commonly
				referred to as a d/b/a.
(b) Form of
				certificates. The certificates that may be filed concerning assumed names shall
				be the Certificate of Assumed Name, which shall pertain to the initial adoption
				of such a name; Certificate of Amendment of Assumed Name, which shall pertain
				to changes in the information contained in the original certificate filed; and
				Certificate of Discontinuance of Assumed Name, which shall pertain to the
				termination of the use of the assumed name.
(c) Terms indicating form.
(1) An assumed name shall contain no
				indicator of organizational form (e.g., corporation, limited partnership,
				limited liability company, or the respective abbreviation).
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IV - Division Of Corporations And State Records › Part 156 - Names › Section 156.5 - Reconsideration procedure

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant may request reconsideration of any rejection of
				  a proposed name, upon written request addressed to the secretary and marked to
				  the attention of the Director of the Division of Corporations. The applicant
				  shall attach to his request a copy of the rejection, and include a statement of
				  the reasons upon which the applicant seeks approval of the
				  name.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter IV - Division Of Corporations And State Records › Part 156 - Names › Section 156.6 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to business corporations and
				  not-for-profit corporations, limited partnerships under the Revised Limited
				  Partnership Act, limited liability companies, and their foreign counterparts
				  seeking authority to do business or engage in activities in this State. Section
				  156.2(c) of this
				  Part shall also apply to registered limited liability partnerships and New York
				  registered foreign limited liability partnerships.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 159 - Administration Relating to the Division of Licensing Services › Section 159.1 - Live Distance Offerings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Definitions. As used in this section, the following terms shall have the
				  following meanings:
(1) "Approved instructor"
				  means a person authorized, pursuant to applicable law, to provide personal
				  instruction to students for the purpose of satisfying: educational requirements
				  leading to an original license, certification, or registration issued by the
				  Division; or continuing educational requirements leading to a renewal license,
				  certification, or registration issued by the Division.
(2) "Approved entity" means any entity,
				  authorized pursuant to applicable law: to offer educational courses or enroll
				  students in such educational courses leading to an original license,
				  certification, or registration issued by the Division; or to offer continuing
				  educational courses or enroll students in such courses for the purpose of
				  satisfying continuing educational requirements leading to a renewal license,
				  certification, or registration by the Division.
(3) "Division" means the Division of
				  Licensing Services of the Department of State.
(4) "Live distance education" means providing
				  instruction, in realtime, where the approved instructor and the students are
				  physically separated, but the use of remote technology allows each person
				  participating in the educational program to view and communicate with each
				  other in a live and interactive manner that transmits simultaneous live audio
				  and video.
(5) "Live distance
				  examination" means offering a proctored examination where the students and
				  proctor are physically separated, but the use of remote technology allows each
				  person participating in the examination to view and communicate with each other
				  in a live and interactive manner that transmits simultaneous live audio and
				  video.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Person means an
				  individual, firm, company, partnership or corporation.
(b) Appearance enhancement means and includes
				  any or all of the license categories: waxing, nail specialty, natural hair
				  styling, esthetics and cosmetology.
(c) Licensee means a person licensed to
				  operate an appearance enhancement business or to practice in an appearance
				  enhancement license category.
(d)
				  Owner means a person who or which owns, controls or operates, whether as a
				  partner shareholder, officer, independent contractor (including area renter) or
				  proprietor an appearance enhancement business.
(e) Area renter means a licensed individual
				  not on the payroll of or subject to the withholding of taxes by a licensed
				  business.
(f) OSHA means the
				  Occupational Safety and Health Administration and the statutes, rules and
				  regulations relevant thereto.
(g)
				  EPA means the Environmental Protection Agency.
(h) Disinfection is a process that kills or
				  destroys most disease producing organisms and renders the object safe for
				  external use. Such process shall be accomplished by the use of EPA approved
				  hospital grade disinfectants.
(i)
				  Sanitization is a process of making objects clean and safe for use.
(j) Sterilization is a process that kills all
				  disease producing organisms (including bacteria, viruses, fungi and spores) and
				  renders an object safe for internal contact or skin penetration.
(k) Cleaning is the physical removal of all
				  visible dust, soil, and any other foreign material from an object. Cleaning
				  must precede any disinfection or sterilization process and usually involves the
				  use of a detergent.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.2 - Individual license

Current through Register Vol. 46, No. 28, July 10, 2024
A person shall not engage in the practice of waxing, nail
					 specialty, natural hair styling, esthetics or cosmetology without first having
					 obtained a license therefor.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.3 - Business license

Current through Register Vol. 46, No. 28, July 10, 2024
An owner shall not engage in the business of appearance
					 enhancement without first having obtained a license therefor.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.4 - Area renter business license requirement

Current through Register Vol. 46, No. 28, July 10, 2024
No area renter may engage in appearance enhancement
					 activities without first having obtained a business license
					 therefor.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.5 - Temporary license

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant who meets all requirements of licensure but
					 for the passage of a written and/or practical examination may make application
					 for a temporary license. Such temporary license shall expire six months from
					 issuance. A second temporary license will not be issued without proof that the
					 applicant has passed the written or practical examination.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.6 - Business name

Current through Register Vol. 46, No. 28, July 10, 2024
A business licensee may conduct the business only in the
					 name in which it is licensed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.7 - Business licenses issued to residential practitioners

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A residential business must be confined
				  to a room or rooms separate and apart from any residential or other,
				  non-business uses, thereby segregating the hazards of the workplace to such
				  confined areas.
(b) The residential
				  business must be equipped with the facilities and instruments required by this
				  Part.
(c) The business area of the
				  residence shall be subject to inspection by representatives of the department
				  at any reasonable time.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.8 - Remote locations

Current through Register Vol. 46, No. 28, July 10, 2024
A licensee may practice at remote locations, but shall hold
					 an appearance enhancement business license at a fixed location, or shall be
					 directly and actively employed by the holder of an appearance enhancement
					 business license. Any records kept for each service rendered at any remote
					 location must be maintained at the licensed business location for a minimum of
					 three years.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.9 - Bond or liability insurance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An owner
				  must maintain proof of minimum financial security in the following amounts:
(1) for accident and professional liability,
				  at least $25,000 per individual occurrence and $75,000 in the aggregate; and
(2) for payment of wages and
				  remuneration legally due employees who provide nail specialty services pursuant
				  to the following schedule:
(i) if owner
				  employs the equivalent of two to five full time individuals who provide nail
				  specialty services, at least $25,000 or in such other amount as directed by the
				  Secretary;
(ii) if owner employs
				  the equivalent of six to ten full time individuals who provide nail specialty
				  services, at least $40,000 or in such other amount as directed by the
				  Secretary;
(iii) if owner employs
				  the equivalent of 11 to 25 full time individuals who provide nail specialty
				  services, at least $75,000 or in such other amount as directed by the
				  Secretary; or
(iv) if owner
				  employs the equivalent of 26 or more full time individuals who provide nail
				  specialty services, at least $125,000 or in such other amount as directed by
				  the Secretary.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.10 - Posting requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An owner
				  shall conspicuously post a sign at the entrance of the business indicating that
				  the business and individual operators are licensed by the New York State
				  Department of State and that rules and regulations governing the business and
				  practices are available for review upon request.
(b) An individual holding a license in
				  waxing, nail specialty, esthetics, natural hairstyling, or cosmetology must
				  conspicuously post the license at the station or location where the occupation
				  is being practiced.
(c) An owner
				  shall conspicuously post its business license at: the entrance or reception
				  area of the establishment; or, the public business desk or counter of the
				  establishment; or, the area where the licensed activities are
				  performed.
(d) An owner shall
				  conspicuously post an itemized list of all services performed at the business
				  establishment and the prices charged for those services.
(e) An owner who permits the practice of nail
				  specialty to be conducted in an appearance enhancement business shall
				  conspicuously post a nail practitioner bill of rights in a place where it will
				  be readily visible by practitioners and the public. The Department of State
				  shall furnish such sign to every place of business that permits the practice of
				  nail specialty.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.11 - Owner responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An owner
				  shall be responsible for the proper conduct of the licensed business and for
				  the proper provision of appearance enhancement services to the public by its
				  employees or operators.
(b) An
				  owner shall be responsible for compliance with all applicable health and
				  sanitary codes, and all statutory and regulatory requirements with respect to
				  the practices of the occupation and business prescribed by this Part.
(c) An owner shall be responsible for
				  maintaining the following equipment at each workstation, to be made available,
				  upon request and without cost, to each person providing nail care services who
				  uses such workstation:
(1) A properly fitting
				  N-95 or N-100 respirator, approved by the National Institute for Occupational
				  Safety and Health ("NIOSH"), for each individual who uses such workstation, to
				  reduce inhalation of dust and particulate matter;
(2) Protective gloves made of nitrile, or
				  other similar non-permeable material for workers with a sensitivity to nitrile
				  gloves, in quantities sufficient to allow each individual providing nail care
				  services to have a new pair of gloves for each customer served; and
(3) Eye protection sufficient to protect from
				  splashes when pouring or transferring potentially hazardous chemicals from bulk
				  containers or when preparing potentially hazardous chemicals for use in nail
				  care services.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.12 - Open sources of ignition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  order to ensure that products or chemicals are not inadvertently ignited, open
				  sources of ignition, flame or sparks, including candles, gas burners and
				  cigarettes, are prohibited. Owners, managers and individual operators shall be
				  responsible for such compliance.
(b) Owners may designate a smoking area for
				  employees and clients. However, such designated area must be separated from the
				  operational areas of the premises and be properly ventilated.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.13 - Original applications

Current through Register Vol. 46, No. 28, July 10, 2024
In determining qualifications and fitness of an applicant
					 for original licensure pursuant to article 27 of the New York General Business
					 Law, the secretary shall conduct a review of factors unrelated to prior
					 criminal history, including, but not limited to:
(a) findings of violations related to any
				  provision of article 27 or any regulation adopted thereunder;
(b) findings of unlicensed practice of nail
				  specialty, waxing, natural hair styling, esthetics or cosmetology;
(c) findings of failure to pay taxes or of
				  tax liens; and
(d) findings of
				  failure to pay child support.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.14 - Inspection and investigation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  appearance enhancement business shall be subject to reasonable inspection by
				  representatives of the department at any reasonable time and without
				  notice.
(b) A licensee shall
				  cooperate with any inspection or investigation made by the
				  department.
(c) Owners or area
				  renters of any appearance enhancement business shall retain the invoices of all
				  sterilants and disinfectants used in the shop for a period of two years.
				  Evidence of such invoices must be available at the time of any
				  inspection.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.15 - Barbering prohibitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  owner shall not permit the practice of barbering at its business location
				  without such owner having first obtained a barber shop license pursuant to
				  article 28 of the General Business Law.
(b) Apprentice barbers shall not be sponsored
				  or supervised by licensed natural hairstylists.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.16 - Facilities: ancillary provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the
				  purposes of this section, the following terms shall have the following
				  meanings:
(1) appearance enhancement business
				  means the business of providing any or all of the services licensed pursuant to
				  article 27 of the New York General Business Law at a fixed location.
(2) nail salon means each building, or
				  portion of a building, in which nail specialty services are offered or
				  provided.
(3) nail specialty
				  service means providing services for a fee or any consideration or exchange to
				  cut, shape or to enhance the appearance of the nails of the hands or feet. Nail
				  specialty shall include the application and removal of sculptured or artificial
				  nails.
(4) nail station means a
				  table or work area where any nail specialty service is performed. In the case
				  of a table or work area where more than one nail specialty service can be
				  performed at any one time, each portion of such table or work area where a nail
				  specialty service can be performed shall be deemed to be a separate nail
				  station.
(5) owner means a person
				  who or which owns, controls or operates, whether as a partner shareholder,
				  officer, independent contractor (including area renter) or proprietor an
				  appearance enhancement business.
(6) registered design professional means an
				  individual who is a registered architect (RA) in accordance with article 147 of
				  the New York State Education Law or a licensed professional engineer (PE) in
				  accordance with article 145 of the New York State Education Law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.17 - Cleaning, disinfection or sterilization of implements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Disinfectants used for reprocessing
				  implements must be registered by the Environmental Protection Agency (EPA) as a
				  "hospital grade disinfectant" and the active ingredients and scope of activity
				  clearly described on the original label.
(1)
				  EPA approved hospital grade disinfectants must be used in accordance with the
				  manufacturers' directions for the intended implement or surface.
(2) Categories of EPA approved hospital grade
				  disinfectants that are recognized for use on implements or environmental
				  surfaces include ethyl or isopropyl alcohols, phenolics, quaternary ammonium
				  compounds, iodophors and sodium hypochlorite.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.18 - Restricted use of certain items

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The use of the following is prohibited or limited as follows:
(1) Bar soap for more than one person is
				  prohibited. Liquid or powder soap dispensers may be used.
(2) A razor may not be used for more than one
				  application. Disposable razors are permitted and shall be disposed of in accord
				  with section
				  160.19(b) of this
				  Part.
(3) Chamois buffers and
				  pumice stones are prohibited.
(4)
				  Nail white pencils are prohibited (unless pencil is sharpened after each
				  use).
(5) "Credo" knives are
				  prohibited.
(6) An emery board for
				  more than one person is prohibited.
(7) Finger bowls, pedicure bowls and
				  footbaths must be cleaned, rinsed and disinfected after each client
				  use.
(8) The use of shaving mugs in
				  common is prohibited. Sanitary paper or plastic inner cups are to be used for
				  each client and destroyed after each use.
(9) The use of non-disposable powder puffs,
				  neck dusters which cannot be immersed in an EPA approved hospital grade
				  disinfectant and sponges is prohibited.
(10) Styptic pencils are
				  prohibited.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.19 - Procedures with respect to blood, body fluids and client contact

Current through Register Vol. 46, No. 28, July 10, 2024
All blood encountered in the workplace shall be treated as
					 if it is infectious. Direct contact with blood should be avoided and disposable
					 gloves used whenever such contact can be reasonably anticipated. In addition to
					 any other statutory or regulatory procedures with respect to blood, body fluids
					 and client contact, the following precautionary measures must be taken:
(a) Any disposable materials coming into
				  contact with blood or body fluids, such as discharge from open sores, pimples
				  and sebaceous glands shall be disposed of in a plastic bag which will be sealed
				  in a manner that not only protects the licensee and the client but also others,
				  such as sanitation workers, who may come into contact with the
				  material.
(b) Any disposable sharp
				  objects that come into contact with blood or other body fluids shall be
				  disposed of in a sealable rigid container (punctureproof) that is strong enough
				  to protect the licensee and the client or others from accidental cuts or
				  puncture wounds that could happen during the disposal process.
(c) Plastic bags and sealable rigid
				  containers shall be available for use at all times when services are being
				  performed. Absence of containers shall be presumptive evidence of
				  noncompliance.
(d) Any material
				  used to stop the flow of blood shall be disposed of immediately after use in
				  accord with subdivision (b) of this section, or shall be in liquid or powder
				  form. The use of styptic pencils is strictly prohibited.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.20 - Hygienic practices

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cotton
				  applicators may be used and must be stored in a closed container or sealed
				  bag.
(b) A clean sheet of paper or
				  a clean towel not previously used for any purpose shall be placed on the table
				  or headrest before any client reclines on a table or chair.
(c) Cloth towels may be used once then
				  bagged, machine washed and dried.
(d) A paper strip or clean towel shall be
				  placed completely around the neck of each client before an apron or any other
				  protective device is fastened around the neck.
(e) All practitioners and nail care clients
				  must wash hands with soap and water before each client service.
(f) All sharp or pointed equipment shall be
				  stored when not in use so as not to be accessible to consumers.
(g) All fluids, semifluids and powders must
				  be dispensed with a shaker, dispenser pump or spray type container. All creams,
				  lotions and other cosmetics used for clients must be kept in closed containers
				  and dispensed with disposable applicators. When only a portion of a preparation
				  is to be used on a client, it shall be removed from the container in such a way
				  as not to contaminate the remaining portion.
(h) All practitioners shall have access to
				  and may use a properly fitted N-95 or N-100 respirator, provided by the owner
				  and approved by the National Institute for Occupational Safety and Health
				  ("NIOSH"), in accordance with manufacturer's specifications when buffing or
				  filing artificial nails or using acrylic powder.
(i) All practitioners shall have access to
				  and may wear gloves, provided by the owner, when handling potentially hazardous
				  chemicals or waste and during cleanup, or when performing any procedure that
				  has a risk of breaking a customer's skin.
(j) All practitioners shall have access to
				  and may wear eye protection, provided by the owner, when pouring or
				  transferring potentially hazardous chemicals from bulk containers and when
				  preparing potentially hazardous chemicals for use in nail care
				  services.
(k) When performing
				  waxing services, disposable protective gloves must be worn. Appearance
				  enhancement practitioners must use a new applicator each time the applicator is
				  inserted into the wax so as not to contaminate the remaining portion. All
				  scissors and tweezers must be new or sterilized before use on each
				  customer.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.21 - Sanitary dress

Current through Register Vol. 46, No. 28, July 10, 2024
Any clothing worn by licensed individuals shall be clean
					 and pose no health or safety hazard to the client or to the operator while
					 attending a client.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.22 - Sanitary facilities

Current through Register Vol. 46, No. 28, July 10, 2024
The facilities wherein licensed services are provided shall
					 be kept clean and in good repair. Dangerous conditions or hazards shall not be
					 permitted. Specifically:
(a) Ceilings,
				  walls and baseboards shall be maintained in good repair and kept free of dust,
				  dirt and hair. Any cracks, holes or other openings shall be filled in. Broken
				  ceilings shall be repaired and cracks in walls, especially around baseboards,
				  shall be filled in.
(b) Shelves,
				  furniture and fixtures shall be kept clean, free of dust, dirt and hair, and in
				  good working condition.
(c) Floors
				  shall be kept clean and in good repair. There shall be no accumulation of dust
				  or hair on floors. Acceptable floor coverings are cement, tile, hardwood,
				  linoleum, vinyl or low nap carpeting. Floors constructed of composition
				  material shall be swept daily. No hair shall be allowed to accumulate on
				  floors.
(d) Plumbing fixtures,
				  including toilets and wash basins, shall be of impervious material and kept
				  clean. They must be free from cracks and from parts which are not readily
				  accessible for cleaning, and must be in compliance with applicable State or
				  local codes.
(e) Styling stations,
				  working station and manicure tables shall be sanitized and cleaned between each
				  client service.
(f) Handwashing
				  facilities shall be available in all lavatories. Disposable paper towels or hot
				  air dryers shall be available for hand drying. Cloth reusable hand towels are
				  prohibited unless a clean towel is made available for each person using the
				  facilities.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.23 - Food and beverages

Current through Register Vol. 46, No. 28, July 10, 2024
Food and beverages are not to be prepared, kept or sold in
					 the licensed premises. However, such prohibition shall not apply where such
					 foodstuffs are prepared or kept in a room adequately ventilated with exhaust of
					 fumes away from the public area and completely separate and apart from the
					 workplace, or in the case of beverages which are kept in covered
					 containers.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.24 - Towels and linens

Current through Register Vol. 46, No. 28, July 10, 2024
Every client shall be served with clean, freshly laundered
					 linen or disposable towels. Immediately after use, linens or towels shall be
					 placed in a covered receptacle used for that purpose alone.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.25 - Chemical storage and SDS

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Any chemicals used in the conduct of appearance enhancement shall be mixed only
				  in a dispensing area which has adequate ventilation.
(b) Flammable and combustible chemicals shall
				  be stored in a metal cabinet remote from potential sources of ignition, such as
				  an open flame or an electrical device.
(c) All nail care chemicals must be stored in
				  closed bottles.
(d) An owner shall
				  have on file all Safety Data Sheets (SDS) for inspection. SDS must be
				  maintained in a written or electronic format so that SDS are readily accessible
				  to all employees. Owners shall ensure that all employees are aware of the
				  location of, and have access to SDS.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.26 - Product labeling

Current through Register Vol. 46, No. 28, July 10, 2024
In order to assure the safe provision of services to the
					 public, all products used in the conduct of an appearance enhancement business
					 must be maintained with the original manufacturer labeling intact. All bottles
					 containing poisonous or corrosive substances shall be additionally and
					 distinctly marked as such and shall be stored in an area not open or available
					 to the public.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.27 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
Appearance enhancement licensure is not applicable to the
					 following:
(a) Permanent makeup
				  (micropigmentation): The practice of micropigmentation or tattooing. However,
				  should such practice be performed in an appearance enhancement business, the
				  owner and any licensed operator performing such services shall be responsible
				  for the proper sanitation and disinfection and sterilization of all implements
				  according to applicable State and local standards and regulations.
(b) Massage: No appearance enhancement
				  practitioner shall be authorized to practice massage, including manual
				  lymphatic drainage, as defined by section 7801 of the State Education law.
				  Licensed appearance enhancement practitioners may practice light massage of the
				  surface layers of soft tissue for purposes of beautification.
(c) Practice of medicine: No appearance
				  enhancement licensee shall be authorized to diagnose or treat diseases,
				  including diseases of the skin, hair and nails. Such activity is within the
				  practice of medicine. An owner shall not permit the practice of medicine at its
				  business location without appropriate licensure therefor.
(d) Practice of nursing: No appearance
				  enhancement licensee shall be authorized to practice nursing. An owner shall
				  not permit the practice of nursing at its business location without appropriate
				  licensure therefor.
(e) Permanent
				  dyeing: No appearance enhancement licensee shall be authorized or permitted to
				  apply dye of any kind to eyelash or eyebrow hair.
(f) Physician's supervision: The performance
				  of services under the direct supervision of a physician or nurse when performed
				  within the direct employ of and on the premises of a medical
				  facility.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.28 - Photograph requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  appearance enhancement practitioner shall affix his/her photograph (containing
				  only the head and full face) to the license in the appropriate space indicated,
				  and subscribe beneath or alongside the photograph the date it was taken. A
				  photograph on a license cannot be more than four years old.
(b) A business licensee shall have affixed to
				  the license a 1 1/2" x 11/2" photograph of the person who owns or manages the
				  business (containing only the head and full face) with a subscription beneath
				  or alongside the photograph indicating the date it was taken. A photograph on a
				  license cannot be more than four years old.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.29 - Untimely renewal

Current through Register Vol. 46, No. 28, July 10, 2024
An individual failing to file for renewal of an appearance
					 enhancement license within five years of the expiration date cited on the
					 individual's license shall be ineligible for such license until he/she passes a
					 written examination.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.30 - Reciprocity

Current through Register Vol. 46, No. 28, July 10, 2024
The department may establish reciprocity with other states
					 when in the judgment of the Secretary of State, the license in the other state
					 was issued in compliance with standards which were not lower than those of the
					 State of New York and provided the other state extends similar reciprocity to
					 the licensees of the State of New York.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.31 - Equivalent occupation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Individuals who have legally practiced an occupation that is equivalent to any
				  appearance enhancement category for a period of at least five years in another
				  jurisdiction may be licensed to practice in New York State.
(b) Applicants must provide evidence of five
				  years legal experience practicing the occupation and demonstrating the
				  equivalency of such occupation to the relevant category of appearance
				  enhancement. Evidence may include but is not limited to:
(1) certifications from licensing
				  agencies;
(2) copies of passports
				  which indicate occupation of individual;
(3) tax returns;
(4) letters from employers;
(5) practical and written examination
				  results; and
(6) course
				  curricula.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.32 - Education credit

Current through Register Vol. 46, No. 28, July 10, 2024
Application for full educational credit may be made by
					 individuals who have completed an approved course of study in another
					 jurisdiction that equals or exceeds the number of hours and content required
					 for New York State licensure.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.33 - Verification of education

Current through Register Vol. 46, No. 28, July 10, 2024
An application for licensure must be verified by a
					 representative of the approved appearance enhancement school. A school shall
					 authorize such individual to make such verification, and file such
					 authorization with the department.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.34 - Applicability of examination results

Current through Register Vol. 46, No. 28, July 10, 2024
Passing grades for practical and written examinations in
					 any appearance enhancement discipline may be applied towards licensure for a
					 period of five years.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.35 - Photograph requirement for practical examination

Current through Register Vol. 46, No. 28, July 10, 2024
Any applicant participating in a practical examination must
					 at the time of the examination, submit a recent photograph that contains only
					 the head and full face of the applicant.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter A - Hairdressing and Cosmetology › Part 160 - Appearance Enhancement Rules and Regulations › Section 160.36 - Practical examiners

Current through Register Vol. 46, No. 28, July 10, 2024
Every practical examiner shall be a New York State
					 licensed, practicing cosmetologist, natural hair stylist, esthetician, nail
					 specialist or waxer who has five or more years of active experience in the
					 related discipline.