Business Practices and New York State Law and Regulations
Who regulates what
Appearance enhancement in New York falls under Article 27 of the General Business Law and is administered by the New York State Department of State, Division of Licensing Services. Individuals hold licenses by specialty (esthetician, waxer, nail specialist, cosmetologist), and the shop itself needs an appearance enhancement business license. Licenses must be current everywhere you practice, and business and price information must be displayed as the Division requires - always verify current rules before opening or hiring.
Scope of practice
Esthetics covers cleansing, massaging, and treating the face and neck with the hands or appliances, applying makeup, and removing hair by waxing, sugaring, or tweezing within the licensed scope. Medical acts stay out: laser and light devices, injectables, electrolysis, and diagnosing or treating skin disease. Never advertise "permanent hair removal," "medical facials," or cures.
Compliance basics
The shop must meet Division sanitation standards, maintain client records and consent forms, keep safety data sheets on hand, and follow blood-exposure and waste-disposal protocols. Carry liability insurance and use clear intake and aftercare forms.
Business fundamentals
Track income and expenses, keep a separate business bank account, price services from a real cost basis (product, time, overhead), and understand how retail products and taxable services are treated under New York State sales tax - confirm the current list with the Department of Taxation and Finance. Know whether a worker is an employee or an independent contractor before you rent a chair or hire.
Traps
- Practicing on an expired or lapsed license.
- Advertising services outside your scope.
- Confusing a business license with an individual license.
Rule of thumb
If it requires a physician, breaks the skin, or names a disease, refer it out.