BILL NUMBER: S5438
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the general business law, in relation to the license
requirements for natural hair styling
 
PURPOSE:
This bill establishes a new licensing system within the general business
law for natural hair styling.
 
SUMMARY OF PROVISIONS:
Section 1. Sets forth legislative findings.
Section 2. Amends subdivision 5 of section 400 of the general business
law with conforming changes and an updated definition of "natural hair
styling."
Section 3. Amends article 27 of the general business law by adding a new
section 408-c creating a process for individuals to be licensed as a
natural hair stylist.
Section 4. Amends section 406 of the general business law to remove
duplicative references to natural hair styling.
Section 5. Sets the effective date.
 
JUSTIFICATION:
The practice of natural hair styling is a vital part of the hair and
beauty service industry in New York State. The profession is largely by
and for Black women, with important ties to cultural heritage for Afri-
can women. For many African immigrant women, hair braiding is also the
most marketable skill and accessible employment to support their fami-
lies as they have significant experience in the profession. The major
concern of New York's African hair braiders is that mandatory licenses
for "natural hair styling," the term that New York uses to refer to the
practice of hair braiding, are inaccessible to most women working as
braiders. As a result, many are forced to choose between giving up an
occupation which they learned from their mothers and grandmothers and
practiced since childhood or operating without a license.
Operating without a license invites several perils. Most namely, it
makes braiders vulnerable to enforcement actions that may close their
businesses or impose steep fines. It invites theft of services or extor-
tion by clients who threaten to report unlicensed braiders. Finally, it
makes many unlicensed braiders unwilling to cooperate with City and
State regulatory agencies on other issues, such as public health or
domestic violence awareness, due to fear of enforcement agencies. For
these reasons it is evident that a license is important, and would stand
to protect braiders.
A 2020 report entitled, "Licensing A Legacy", found that natural hair
styling licenses are out of reach to the majority of braiders because of
onerous training and testing requirements, language barriers, and the
lack of a fair and equitable process to carry over experience earned in
other countries. New York law currently requires applicants for a
natural hair styling license to complete: 300 hours of classroom
instruction "from an approved appearance enhancement school"; both a
written and a practical examination; and a burdensome online applica-
tion, which requires creating a state online account, entering a Social
Security number which many do not possess, and navigating complex
instructions offered only in English.
The most significant burden is the mandatory 300 hours of instruction,
followed by a written and practical examination. Most braiders lack the
time, financial resources, and language literacy necessary to meet these
requirements. Even if low-income hair braiders were able to take 300
hours away from paid work, childcare, and their other responsibilities,
most could not afford the course tuition, which ranges from
$3,500-$7,000. Financial and time constraints aside, many African braid-
ers lack sufficient English proficiency and/or literacy to complete
written coursework followed by a written examination.
New York is an outlier in this regard. 33 states do not require a
license of any kind to practice hair braiding. New York only instituted
the current natural hair styling license in 1993. The extensive require-
ments for instruction and examination for natural hair styling are also
not consistent with those imposed on other professions which deal with
more critical issues of health and safety. For example, NYS requires
security guards, who may serve as first responders, to complete only 8
hours of classroom and 16 hours of on-the-job training. An examination
is required and administered by the school, but no state-administered
exam is needed. To also carry a firearm, security guards must complete
an additional 47 hours of training. Similarly, no state-administered
exam is required beyond the exam required for satisfactory completion of
the course.
Personal Care Aides (PCAs), who provide in-home care to elderly and
disabled patients, are required to complete only 40 hours of training.
Home Health Aides (HHAs), who provide, under supervision, a greater
degree of medical care than PCAs, complete only 75 hours of training.
Neither PCAs nor HHAs are required to complete a state-administered
exam; instead, examination takes place as part of the approved course of
study. There is a clear disparity as these other state-regulated
professions - that are arguably providing services in higher stakes
environments - only require a fraction of the coursework hours that are
being imposed on natural hair stylists.
This legislation would therefore create a distinct "natural hair styl-
ing" license that would allow an individual to obtain licensure for the
specific purpose of braiding hair. The bill contemplates a licensing
structure that appropriately reduces required education from an onerous
300 hours to 40 hours, consistent, with other regulated professions. The
40 hours of coursework would be focused on health and safety components.
The applicant would need to demonstrate proficiency in braiding through
a practical skills assessment. There are also "grandfathering"
provisions to ensure that individuals with significant experience braid-
ing hair, including experience in another country where it may not be
possible to obtain documentation proving such experience, can self-at-
test, along with 20 hours of education, to obtain a license. Finally,
the legislation ensures that all components of the licensing process are
complying with robust language access standards.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
Minimal costs associated with documents and forms.
 
EFFECTIVE DATE:
This bill shall take effect on the sixtieth day after it shall have
become a law.

Statutes affected:
S5438: 400 general business law, 400(5) general business law, 407 general business law, 407(1) general business law