BILL NUMBER: AB 282	CHAPTERED  07/15/03

	CHAPTER  66
	FILED WITH SECRETARY OF STATE  JULY 15, 2003
	APPROVED BY GOVERNOR  JULY 15, 2003
	PASSED THE ASSEMBLY  JUNE 30, 2003
	PASSED THE SENATE  JUNE 27, 2003
	AMENDED IN SENATE  JUNE 16, 2003

INTRODUCED BY   Assembly Member Bermudez
   (Coauthors:  Assembly Members Haynes, Shirley Horton, Longville,
and Yee)

                        FEBRUARY 5, 2003

   An act to amend Section 7316 of the Business and Professions Code,
relating to barbering and cosmetology, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 282, Bermudez.  Barbering and Cosmetology:  threading.
   The Barbering and Cosmetology Act regulates barbering,
cosmetology, skin care, nail care, and electrolysis, and defines the
practices of barbering and cosmetology to include certain hair
removal services.
   This bill would, until July 1, 2007, exclude threading, a
technique for removing unwanted hair, from the practice of barbering
and cosmetology.
   The bill would require the State Board of Barbering and
Cosmetology to report any complaints received regarding the practice
of threading to the Department of Consumer Affairs and the Joint
Legislative Sunset Review Committee.
   The bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 7316 of the Business and Professions Code is
amended to read:
   7316.  (a) The practice of barbering is all or any combination of
the following practices:
   (1) Shaving or trimming the beard or cutting the hair.
   (2) Giving facial and scalp massages or treatments with oils,
creams, lotions, or other preparations either by hand or mechanical
appliances.
   (3) Singeing, shampooing, arranging, dressing, curling, waving,
chemical waving, hair relaxing, or dyeing the hair or applying hair
tonics.
   (4) Applying cosmetic preparations, antiseptics, powders, oils,
clays or lotions to scalp, face, or neck.
   (5) Hairstyling of all textures of hair by standard methods which
are current at the time of the hairstyling.
   (b) The practice of cosmetology is all or any combination of the
following practices:
   (1) Arranging, dressing, curling, waving, machineless permanent
waving, permanent waving, cleansing, cutting, shampooing, relaxing,
singeing, bleaching, tinting, coloring, straightening, dyeing,
applying hair tonics to, beautifying, or otherwise treating by any
means, the hair of any person.
   (2) Massaging, cleaning or stimulating the scalp, face, neck,
arms, or upper part of the human body, by means of the hands,
devices, apparatus or appliances, with or without the use of cosmetic
preparations, antiseptics, tonics, lotions, or creams.
   (3) Beautifying the face, neck, arms, or upper part of the human
body, by use of cosmetic preparations, antiseptics, tonics, lotions,
or creams.
   (4) Removing superfluous hair from the body of any person by the
use of depilatories or by the use of tweezers, chemicals,
preparations or by the use of devices or appliances of any kind or
description, except by the use of light waves, commonly known as
rays.
   (5) Cutting, trimming, polishing, tinting, coloring, cleansing, or
manicuring the nails of any person.
   (6) Massaging, cleansing, treating, or beautifying the hands or
feet of any person.
   (c) Within the practice of cosmetology there exist the specialty
branches of skin care, and nail care.
   (1) Skin care is any one or more of the following practices:
   (A) Giving facials, applying makeup, giving skin care, removing
superfluous hair from the body of any person by the use of
depilatories, tweezers or waxing, or applying eyelashes to any
person.
   (B) Beautifying the face, neck, arms, or upper part of the human
body, by use of cosmetic preparations, antiseptics, tonics, lotions,
or creams.
   (C) Massaging, cleaning, or stimulating the face, neck, arms, or
upper part of the human body, by means of the hands, devices,
apparatus, or appliances, with the use of cosmetic preparations,
antiseptics, tonics, lotions, or creams.
   (2) Nail care is the practice of cutting, trimming, polishing,
coloring, tinting, cleansing, or manicuring the nails of any person
or massaging, cleansing, or beautifying the hands or feet of any
person.
   (d) The practice of barbering and the practice of cosmetology do
not include any of the following:
   (1) The mere sale, fitting, or styling of wigs or hairpieces.
   (2) Natural hair braiding.  Natural hair braiding is a service
that results in tension on hair strands or roots by twisting,
wrapping, weaving, extending, locking, or braiding by hand or
mechanical device, provided that the service does not include hair
cutting or the application of dyes, reactive chemicals, or other
preparations to alter the color of the hair or to straighten, curl,
or alter the structure of the hair.
   (3) Threading.  Threading is a technique that results in removing
hair by twisting thread around unwanted hair and pulling it from the
skin.  This paragraph shall become inoperative on July 1, 2007.
   (e) The board shall report any complaints received on the practice
of threading to the department and the Joint Legislative Sunset
Review Committee no later than September 1, 2005.
   (f) Notwithstanding paragraph (2) of subdivision (d), a person who
engages in natural hairstyling, which is defined as the provision of
natural hair braiding services together with any of the services or
procedures defined within the regulated practices of barbering or
cosmetology, is subject to regulation pursuant to this chapter and
shall obtain and maintain a barbering or cosmetology license as
applicable to the services respectively offered or performed.
   (g) Electrolysis is the practice of removing hair from, or
destroying hair on, the human body by the use of an electric needle
only.
   "Electrolysis" as used in this chapter includes electrolysis or
thermolysis.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order that the regulatory changes proposed by this act become
effective as soon as possible, it is necessary that this act take
effect immediately.