New York State Appearance Enhancement Advisory Committee

1MEETING SUMMARY

NEW YORK STATE APPEARANCE ENHANCEMENT ADVISORY COMMITTEE May 24, 2017

The meeting was held at the Department of State, 99 Washington Avenue, Albany; and 123 William Street, NYC.

I. CALL TO ORDER, INTRODUCTIONS and OFFICIAL ATTENDNACE

Whitney Clark called the meeting to order at 10:35 am. Roll call was performed and announced there was not a quorum. The official attendance was as follows:

COMMITTEE MEMBERS DEPARTMENT OF STATE STAFF Rick Caputo Whitney Clark Shirley Cheng Dave Mossberg Ernita Gantt Excused: Nancy Harrigan Michelle D’Allaird Jodi DeLollo Nichole Londo Denise Tidings Rae Ann Amacher Emily Lupe Anthony Fiore Marcella Rose Sharon Charland VISITORS Cheryl Winstel, NYSED Lisa Stiles-Roy, NYSED Ruth Singer, NYSED II. DEPARTMENT REPORTS

Enforcement Update - E. Gantt reported: The 2017 Appearance Enhancement Enforcement Initiative has inspected 1603 businesses thus far. 80% of the inspected, unlicensed businesses have since come into compliance. The remaining unlicensed business are referred to Counsel for a hearing.

Trends Committee – D. Tidings reported: The subcommittee last met on March 27, 2017 and discussed approximately 100 procedural areas that may or may not fall under the Appearance Enhancement licensure. The subcommittee reached out to the NYS Education Department (SED) Medical and Massage Boards for assistance in determining scope of practices for some procedures. SED deemed the use of laser (except light laser for hair removal) and ultrasound, fall under the practice of Medicine. Therefore, these practices do not fall within the Appearance Enhancement scope of practice. Further determinations from SED are forthcoming. The subcommittee plans to meet again.

Practical Exam Update – D. Tidings reported: The Department has received recommendations to update the Nail Specialty practical exam and consider removal of the acrylic nail procedure due to potential health hazards associated with exposure to chemicals used in these products and lack of proper ventilation at some of the exam sites. A subcommittee was formed and has met several times to discuss changes to the examination. D. Tidings outlined some of the potential changes that have been proposed by the subcommittee. She stated that the subcommittee will need to meet again to finalize their proposals before they are submitted to the Division for approval. Once approved, the schools will be informed of the new exam requirements. The examination will need to be piloted and examiners trained prior to the anticipated January 2018 implementation date.

III. ACTION ITEMS

The meeting summary of January 30, 2017 could not be approved.

IV. NEW BUSINESS – Whitney Clark:

The board was encouraged to forward new agenda items to Sharon Charland, Board Coordinator.

V. PUBLIC COMMENT PERIOD

R. Singer asked if the Department’s website will reflect the new Nail Specialty exam information. D. Tidings replied the subcommittee will include SED in a meeting to finalize proposed changes. Once the changes are approved, the website will be updated.

C. Winstel commented on the high percentage of students who plan not take the NYS license examinations at the completion of the program due to various reasons. She stated if students were permitted to take the exam prior to completion of the required licensing education, the rate would improve. D. Tidings asked if the added exam dates during the summer months; the ability for students to schedule exams online as well as the ability to schedule the written and practical exams in any order, has made a difference. Ms. Winstel replied there has been some improvement.

Ms. Singer commented on the potential negative impact of Federal Title 4 funding students currently receive, if NYS license examinations occurred prior to completion of the current education requirement. It was agreed early testing would be optional.

L. Styles Roy commented on the operation and regulation of eyelash boutiques. W. Clark suggested the Trends Subcommittee review the boutiques practices. The Division’s Enforcement Unit will ensure that eyelash boutiques are inspected as part of its 2017 enforcement initiative. Ms. Styles Roy also asked if Cosmetologists were permitted to use straight edge razors. D. Mossberg replied the statute does not restrict the type of blade used by Cosmetologists and Estheticians, as long as it’s used in a competent manner.

Ms. Styles Roy asked if the state would consider a specialty license for Hair, excluding curriculum on Nails; Waxing; Esthetics. W. Clark asked the subcommittee to look at how other states address the issue.

ADJOURNMENT

The meeting was adjourned at 11:15 a.m.