Meeting Summary


January 14, 2013

The meeting was held at the Department of State, 99 Washington Avenue, 5th Floor Conference Room, Albany; 65 Court Street, 2nd Floor Conference Room, Buffalo; and 123 William Street, 2nd Floor Conference Room, NYC.


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


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

Dorothy McKinley-Soressi, Chair
Richard A. Caputo
Annette Hanson
Michael Limb – did not show
Robert Abramson
Rae Ann Amacher

Anthony Fragomeni, Empire Education

Marcos Vigil, Deputy Secretary for Business and Licensing
Kathleen McCoy, Director, Division of Licensing Services
Michael Elmendorf, Chief Investigator
Whitney Clark, Counsel
Aqil Qureshi, License Investigator IV
Keith Simon, Supervisor, Exam Unit
Mary Jo Moore, Assoc. Exam Tech., Processing
Amy Penzabene, Systems Liaison
Ernita Gantt, Lics. Invest. 3 & District Manager
Denise Tidings, Exam Development
Carol Fansler, Board Coordination


D. McKinley-Soressi stated that the esthetics subcommittee had completed their review and draft changes to the esthetics curriculum, and thanked everyone who participated. She stated that while all of the changes were not unanimously agreed upon, the majority of the group did agree to the changes. She presented the changes to the committee for approval. W. Clark stated that she would prepare a draft proposed regulation change for review and approval by members at the next meeting.

D. McKinley-Soressi stated that the Education Subcommittee discussed allowing appearance enhancement applicants to take their written exam after completing 80% of the required education. Schools would decide if they want to offer this option to their students. W. Clark stated that she would prepare a draft proposed regulation change for review and approval by members at the next meeting. Regarding the new electronic system currently under development, A. Penzabene stated that a component may possibly be added once the initial system is up and running, to allow schools to approve a student to take the written portion of the exam after 80% of education is completed. The school would then be required to approve the student again after completion of the other 20% of education before they would be allowed to take the practical portion of their exam. All processes would be completed electronically, so there would be no paperwork involved.

A. Hanson asked about establishing a limitation for a school certifying that a student took their course. She feels it is unfair to allow a student to test many years after completing their course, due to changes in statute and/or regulations. A. Penzabene said that Department counsel would need to determine if the statute should be changed to limit the amount of time in which a course can be certified after completion of the course. Since the committee also wishes to eliminate the need for an applicant’s physical examination from the statute, W. Clark said that she would discuss these issues with legislative counsel and may suggest a global bill proposal for the e-licensing initiative regulation changes.


W. Clark shared a draft proposed language update to 160.25 of 19 NYCRR to allow Material Safety Data Sheets (MSDS) information to be stored in written or electronic format. Since the members in attendance agree with this proposed update, members not present will be solicited for comment and/or approval after which W. Clark will move forward with steps to implement this proposal.

W. Clark shared draft proposed language updates to 160.5 (allowing a second temporary license after passing the written or practical exam) and 160.33 (eliminating the need for a school to use a raised seal when certifying schooling) of 19 NYCRR regarding the e-licensing initiative. Since the members in attendance agree with these proposed updates, members not present will be solicited for comment and/or approval after which W. Clark will move forward with steps to implement these proposals.

A. Hanson asked about the status of the amendment to section 160.20 regarding the use of disposable gloves, and suggested a small change to the language. She would like to use the wording “disposable protective gloves” instead of “disposable vinyl gloves” as there are many types of protective gloves available. W. Clark stated that she is drafting the guidance documents for this amendment, and would change the wording as A. Hanson suggested. She plans to submit this amendment along with the esthetics curriculum updates.

A. Hanson asked about the possibility of requiring continuing education credits prior to renewal of a license, as a way to keep licensees informed on new current information or industry trends. W. Clark explained that would require a change to the statute, and said she would set up a conference call with the education subcommittee that was formed at the last meeting. Subcommittee members are W. Clark, D. McKinley-Soressi, A. Hanson, and R. Amacher.


D. McKinley-Soressi expressed her frustration with holding meetings without a quorum of members. Members are encouraged to submit resumes and letters of interest of any individuals interested in filling a vacancy on the committee. M. Vigil thanked committee members and staff for their dedication and hard work for this committee.


There were no public comments.


The meeting was adjourned at 11:30 a.m.