2006 New York Code - 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  the  written  practice agreement pursuant to
  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.
    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.
    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.