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NEW YORK STATE APPEARANCE ENHANCEMENT ADVISORY COMMITTEE
December 21, 2011

The meeting was held at the Department of State, 80 South Swan Street, 10th Floor Conference Room, Albany, NY and 123 William Street, 19th Floor Conference Room, NYC.

CALL TO ORDER

D. McKinley-Soressi called the meeting to order at 10:35 a.m.

INTRODUCTION, ROLL CALL AND QUORUM ANNOUNCEMENT

D. McKinley-Soressi took roll call and announced that the committee did not have a quorum. Official attendance was as follows:

COMMITTEE MEMBERS
Dorothy McKinley-Soressi, Chair
Richard A. Caputo
Michael Limb - did not attend

Excused:
Robert Abramson
Rae Ann Amacher
Annette Hanson

VISITORS
Thomas Reimer, NYS Education Dept.
Carole Yates, NYS Education Dept.

DEPARTMENT OF STATE STAFF
Marcos Vigil, Deputy Secretary for Business and Licensing
Kathleen McCoy, Director, Division of Licensing Services
Whitney Clark, Counsel
Michael Elmendorf, Chief Investigator
Keith Simon, Supervisor, Exam Unit
Mary Jo Moore, Assoc. Exam Tech., Processing
Amy Penzabene, Systems Liaison
John Goldman, Lic. Invest. 3 & District Manager
Ernita Gantt, Lics. Invest. 3 & District Manager
James Dees, Consumer Protection Division, Outreach and Education
Jodi DeLollo, Education Bureau
Marc Mastrobuono, Education Bureau
Denise Tidings, Exam Development
Mary Tesch, Exam Unit
Carol Fansler, Board Coordination

OVERVIEW OF MEETING AGENDA AND PROTOCOL

K. Simon briefly went over the meeting agenda, and reminded visitors they are invited to speak during the public comment period.

SUBCOMMITTEE AND DEPARTMENT REPORTS

J. Goldman presented an enforcement update covering January 1-December 1, 2011. He stated that 1,605 inspections were completed, based on both complaints received by the Department and the Department conducting random audits. These inspections resulted in 152 citations for unlicensed businesses; 202 citations for unlicensed operators; 581 posting violations (i.e. posting of a business license, an individual license, or a sign required by law); 305 citations for no insurance; 1,034 violations for technical sanitary violations; and, 749 resulted in disciplinary action. He shared details of hearing decisions, which are also posted on the Department’s web site.

J. DeLollo shared that the esthetics curriculum subcommittee plans to meet and review proposed changes to the curriculum to come up with a final draft copy to put before the Advisory Committee.

A. Penzabene spoke about E-Licensing, a Statewide initiative currently including six State agencies, to create and implement a portal for the public to allow access to information about different licenses and permits available in NYS. Once implemented, the public will be allowed to create an on-line account, and conduct on-line transactions such as applying for or renewing a license. The Department of State plans to begin this initiative with the appearance enhancement and barber disciplines.

M. Moore shared that an amendment to the General Business Law changed the two-year license term of an appearance enhancement or barber license to a four-year term, beginning in July 2011, and that the transition went smoothly. She then shared some common reasons an application is rejected. While all applicants are required to complete the child support statement, many applicants believe they do not have to complete this section if they do not have children. Another area of rejection is changing a name and/or address on a renewal application, as a separate form and fee is required to complete this change. On an original application, a common area of rejection is proof of foreign experience as many applicants have problems acquiring the proper proof.

NEW BUSINESS

D. McKinley-Soressi stated that she was speaking on behalf of the NYS Beauty School Association as well as her NYS schools, and asked if written exam questions are valid and current. K. Simon stated that the nail specialty written exam was recently updated, and that the cosmetology written exam is in the process of being updated. He further stated that both the written and practical esthetics exams will be updated once the curriculum, currently being finalized by the Subcommittee mentioned above, is updated.

K. Simon next addressed a concern of D. McKinley-Soressi that her school pass rates had slightly decreased over the past few years. K. Simon stated that state-wide the statistics have remained consistent, only increasing or decreasing by 1-2% a year.

W. Clark stated, in response to D. McKinley-Soressi’s question about expanding areas of practice for specific disciplines, i.e. including non ablative laser treatments with esthetics curriculum, that the Department would consider expanding the esthetics license to include an enhanced license. She suggested the Esthetics Subcommittee should research this topic as well. D. McKinley-Soressi shared that some states now have a two-tier license and that Arizona is researching expanding from a two-tier to a three-tier license.

PUBLIC COMMENT PERIOD

C. Yates stated that she encourages the Department to consult with Walter Ramos, medical board secretary at the Education Department, when discussing an enhanced esthetics license. She said there is a lot of concern that consumers are not being properly advised about some unregulated procedures, such as the use of laser devices.

FUTURE MEETING DATE

The next meeting date is scheduled for April 16, 2012.

ADJOURNMENT

The meeting was adjourned at 11:50 a.m.