BILL NUMBER: AB 1754 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mendoza
FEBRUARY 17, 2012
An act to amend Sections 7301, 7316, 7319, 7332, and 7334 of, and
to add Sections 7325 and 7364.5 to, the Business and Professions
Code, relating to barbering and cosmetology.
LEGISLATIVE COUNSEL'S DIGEST
AB 1754, as introduced, Mendoza. Voluntary certification: makeup
artists.
Existing law, the Barbering and Cosmetology Act, provides for the
licensure and regulation of the practice of barbering and
cosmetology, including the practice of skin care by licensed
estheticians. Existing law requires the State Board of Barbering and
Cosmetology to administer the act. A violation of the act is a crime.
Existing law requires an applicant for an esthetician license to
practice skin care, defined as, among other things, giving facials,
applying makeup, and beautifying and massaging the face and neck
using specified substances and certain devices, to complete an
application, pass an examination, pay an application and examination
fee, and meet other educational requirements. Existing law also
authorizes an applicant for an esthetician license to satisfy those
other educational requirements by, among other things, completing an
apprenticeship program in which a licensed apprentice learns and
acquires knowledge about skin care under the supervision of a
board-approved licensee. Existing law generally makes licenses issued
by the board subject to biennial renewal and imposes a specified
renewal fee.
This bill would provide for the voluntary certification of makeup
artists. The bill would define the practice of makeup artistry to
include applying makeup, as defined, applying prosthetics, lash and
brow tinting, the application of false eyelashes, and skin analysis.
The bill would require applicants for a certificate to pay a fee in a
specified amount, and would further require that applicants satisfy
certain educational requirements, or, alternatively, submit
documentation of prior experience or education, as specified. The
bill would make other conforming changes.
Because a violation of the act by a makeup artist would constitute
a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7301 of the Business and Professions Code is
amended to read:
7301. This chapter constitutes the chapter on hair, skin,
makeup artistry, nail care, and electrolysis and may be known
and cited as the Barbering and Cosmetology Act.
SEC. 2. 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 that
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, or
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
, and makeup artistry .
(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, manicuring, or pedicuring the nails of
any person or massaging, cleansing, or beautifying from the elbow to
the fingertips or the knee to the toes of any person.
(3) (A) The practice of makeup artistry includes applying makeup
and prosthetics, lash and brow tinting, the application of false
eyelashes, and skin analysis.
(B) For the purposes of this chapter, "makeup" is defined as a
cosmetic substance such as, but not limited to, a cream, lotion, or
powder used to color and beautify the face and other parts of the
body in order to improve, alter, or enhance appearance and includes
fashion makeup, theatrical makeup, special effects makeup,
airbrushing, high-definition makeup, and corrective makeup.
(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 haircutting 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 and the incidental trimming of eyebrow hair.
(e) 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.
(f) 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. 3. Section 7319 of the Business and Professions Code is
amended to read:
7319. The following persons are exempt from this chapter:
(a) All persons authorized by the laws of this state to practice
medicine, surgery, dentistry, pharmacy, osteopathic medicine,
chiropractic, naturopathy, podiatry, or nursing and acting within the
scope of practice for which they are licensed.
(b) Commissioned officers of the United States Army, Navy, Air
Force, Marine Corps, members of the United States Public Health
Service, and attendants attached to those services when engaged in
the actual performance of their official duties.
(c) Persons employed to render barbering, cosmetology, or
electrolysis services in the course of and incidental to the business
of employers engaged in the theatrical, radio, television or motion
picture production industry.
(d) Persons engaged in any practice within its scope when done
outside of a licensed establishment, without compensation.
(e) Persons engaged in the administration of hair, skin,
makeup, or nail products for the exclusive purpose of
recommending, demonstrating, or selling those products.
(f) Persons who render barbering or cosmetology services in an
institutional program during the course of and incidental to the
incarceration or confinement of inmates, prisoners, or persons
charged with a crime. However, all of the following conditions shall
apply:
(1) Those persons shall complete a barbering training course,
developed by the Department of Corrections and Rehabilitation
and approved by the Department of Consumer Affairs, in the
proper care of instruments and the prevention of infectious diseases.
(2) Those persons shall successfully pass an examination,
developed and administered by the Department of Corrections and
Rehabilitation , on the proper care of instruments and the
prevention of infectious diseases.
(3) All barbering facilities located in correctional institutions
shall be subject to all appropriate health and safety sanitation
standards, as determined by the Department of Corrections and
Rehabilitation .
SEC. 4. Section 7325 is added to the Business and Professions
Code, to read:
7325. (a) It is the intent of this section to create a voluntary
certification for makeup artists by the board in order to provide
consumers with public health and safety protection from unsanitary
practices and better employment opportunities for makeup artists.
(b) The board shall issue a certificate to an applicant who
satisfies the requirements of subdivision (c) and pays the initial
certificate fee of not more than forty-five dollars ($45).
(c) In order to obtain voluntary certification as a makeup artist,
an applicant shall submit an application, in proper form, pay the
application fee, and provide the board with satisfactory evidence of
the following:
(1) That he or she is not less than 17 years of age.
(2) That he or she has completed the 10th grade in the public
schools of this state or its equivalent.
(3) That he or she is not subject to denial pursuant to Section
480.
(4) That he or she meets any of the following requirements:
(A) Completed a course in makeup artistry from a school approved
by the board.
(B) Completed the apprenticeship program in makeup artistry
specified in Article 4 (commencing with Section 7332).
(C) Belongs to a makeup artist union.
(D) Can provide documentation of at least three years of
experience practicing makeup artistry. For the purposes of this
subdivision, documentation includes dated tear sheets with the makeup
artist's name credited, a valid dated membership with an industry
organization, a license from the Bureau for Private Postsecondary
Education as a makeup artist instructor, a diploma from a
board-approved makeup school, or a certificate of experience from a
licensed establishment. This subparagraph shall become inoperative on
January 1, 2015.
(E) Can provide documentation of less than three years of
experience practicing makeup artistry and completed 80 hours of
practical training and technical instruction from a board-approved
makeup artistry school. This subparagraph shall become inoperative on
January 1, 2015.
(d) A certificate shall be valid for a two-year period and
thereafter shall be renewable upon the payment of a renewal fee of
not more than forty-five dollars ($45).
(e) Nothing in this section shall be construed to prohibit a
cosmetologist licensed pursuant to Section 7321 or an esthetician
licensed pursuant to Section 7324 from applying makeup without a
certificate. However, a makeup artist desiring to practice
cosmetology or skin care shall be subject to the licensure
requirements of Section 7324.
SEC. 5. Section 7332 of the Business and Professions Code is
amended to read:
7332. An apprentice is any person who is licensed by the board to
engage in learning or acquiring a knowledge of barbering,
cosmetology, skin care, makeup artistry, nail care, or
electrology, in a licensed establishment under the supervision of a
licensee approved by the board.
SEC. 6. Section 7334 of the Business and Professions Code is
amended to read:
7334. (a) The board may license as an apprentice in barbering,
cosmetology, skin care, or nail care , or
makeup artistry any person who has made application to the
board upon the proper form, has paid the fee required by this
chapter, and who is qualified as follows:
(1) Is over 16 years of age.
(2) Has completed the 10th grade in the public schools of this
state or its equivalent.
(3) Is not subject to denial pursuant to Section 480.
(4) Has submitted evidence acceptable to the board that any
training the apprentice is required by law to obtain shall be
conducted in a licensed establishment and under the supervision of a
licensee approved by the board.
(b) The board may license as an apprentice in electrolysis any
person who has made application to the board upon the proper form,
has paid the fee required by this chapter, and who is qualified as
follows:
(1) Is not less than 17 years of age.
(2) Has completed the 12th grade or an accredited senior high
school course of study in schools of this state or its equivalent.
(3) Is not subject to denial pursuant to Section 480.
(4) Has submitted evidence acceptable to the board that any
training the apprentice is required by law to obtain shall be
conducted in a licensed establishment and under the supervision of a
licensee approved by the board.
(c) All persons making application as an apprentice in barbering
shall also complete a minimum of 39 hours of preapprentice training
in a facility approved by the board prior to serving the general
public.
(d) All persons making application as an apprentice in
cosmetology, skin care, nail care, makeup artistry, or
electrology shall also complete minimum preapprentice training for
the length of time established by the board in a facility approved by
the board prior to serving the general public.
(e) Apprentices may only perform services on the general public
for which they have received technical training.
(f) Apprentices shall be required to obtain at least the minimum
hours of technical instruction and minimum number of practical
operations for each subject as specified in board regulations for
courses taught in schools approved by the board, in accordance with
Sections 3074 and 3078 of the Labor Code.
SEC. 7. Section 7364.5 is added to the Business and Professions
Code, to read:
7364.5. A makeup artistry course established by a school shall
consist of not less than 680 hours of practical training and
technical instruction in accordance with a curriculum established by
board regulation.
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.