Amended in Assembly April 16, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1153

Introduced by Assembly Member Eggman

(Coauthor: Senator Wyland)

February 22, 2013

An act to amend Sections begin delete 7324 and 7364 of end delete begin insert 7324, 7364, and 7423 of, and to add Sections 7320.6 and 7324.5 to, end insert the Business and Professions Code, relating to barbering and cosmetology.

LEGISLATIVE COUNSEL’S DIGEST

AB 1153, as amended, Eggman. begin delete Esthetician: advanced skin care course. end delete begin insert Master esthetician: license. end insert

Existing begin delete law requires an applicant for an esthetician license to meet certain educational requirements and authorizes the State Board of Barbering and Cosmetology to approve schools that are licensed by the Bureau for Private Postsecondary and Vocational Education, or a public school in this state, and that provide a course of instruction approved by the board. A skin care course established by a school consists of not less than 600 hours of practical training and technical instruction in accordance with a curriculum established by board regulation. end delete begin insert law, the Barbering and Cosmetology Act, provides for the licensure and regulation of barbers and cosmetologists, including the practice of skin care by licensed estheticians, by the State Board of Barbering and Cosmetology in the Department of Consumer Affairs. The act requires an applicant for an esthetician license to complete an application, pay an application and examination fee, pass the examination, and meet other educational and practice qualifications such as the completion of an approved skin care course of instruction that includes no less than 600 hours of practical training and technical instruction that accords with the curriculum established by the board. A violation of the act is a crime, unless otherwise provided. end insert

This begin insert bill would provide for the licensure and regulation of master estheticians. The bill would require an applicant for a master esthetician license to complete an application, pay an application and examination fee, pass the examination, and meet other educational and practice qualifications, such as the completion of a 1,200-hour advanced skin care course approved by the board. The end insert bill would begin delete allow a school to establish end delete begin insert provide that end insert an advanced skin care course begin insert shall consist end insert of not less than begin delete 600 end delete begin insert 1,200 end insert hours of practical training and technical instruction in accordance with a curriculum established by board regulation. begin delete The advanced skin care course would not be a requirement of obtaining an esthetician license. end delete begin insert This bill would also prohibit a person who is not licensed as a master esthetician from representing himself or herself as a master esthetician. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. end insert

begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 7320.6 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 7320.6. end insert   

Persons who are not licensed as master estheticians
in this state shall not represent themselves as a master esthetician.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 7324 of the Business and Professions Code is
amended to read:

7324.  

The board shall admit to examination for a license as an
esthetician to practice skin begin delete care, end delete begin insert care end insert any person who has made
application to the board in proper begin delete form, end delete begin insert form and end insert paid the
begin insert application and examination end insert fee required by this chapter, and begin insert who end insert
is qualified as follows:

(a) Is not less than 17 years of age.

(b) Has completed the 10th grade begin delete in the public schools of this
state end delete or its equivalent.

(c) Is not subject to denial pursuant to Section 480.

(d) Has done any of the following:

(1) Completed a course in skin care, as described in subdivision
(a) of Section 7364, from a school approved by the board.

(2) Practiced skin care, as defined in this chapter, outside of this
state for a period of time equivalent to the study and training of a
qualified person who has completed a course in skin care from a
school the curriculum of which complied with requirements
adopted by the board. Each three months of practice shall be
deemed the equivalent of 100 hours of training for qualification
under paragraph (1).

(3) Completed the apprenticeship program in skin care specified
in Article 4 (commencing with Section 7332).

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 7324.5 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 7324.5. end insert   

The board shall admit to examination for a license as
a master esthetician to practice advanced skin care any person
who has made application to the board in proper form and paid
the application and examination fee required by this chapter, and
who is qualified as follows:

(a) Is not less than 17 years of age.

(b) Has completed the 10th grade or its equivalent.

(c) Is not subject to denial pursuant to Section 480.

(d) Has done at least one of the following:

(1) Completed a course in advanced skin care as described in
subdivision (b) of Section 7364, from a school approved by the
board.

(2) Earned a national or international diploma or certification
in advanced or master esthetics that is recognized by the board.

(3) Holds a current esthetician’s license pursuant to Section
7324 and either:

(A) Provides satisfactory evidence that he or she has worked
as an esthetician for a minimum of 2,000 client contact hours, at
least 500 hours of which consisted of supervised, advanced skin
care treatments.

(B) Has completed continuing education coursework in
advanced skin care that complies with requirements established
by the board and demonstrated that he or she has worked as a
master esthetician for a period of time established by the board
prior to the effective date of the act that added this section.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Section 7364 of the Business and Professions Code is
amended to read:

7364.  

(a) A skin care course established by a school shall
consist of not less than 600 hours of practical training and technical
instruction in accordance with a curriculum established by board
regulation.

(b) An advanced skin care course established by a school shall
consist of not less than begin delete 600 additional end delete begin insert 1,200 end insert hours of practical
training and technical instruction in accordance with a curriculum
established by board regulation. The advanced skin care course is
not a requirement of obtaining an esthetician license.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 7423 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

7423.  

The amounts of the fees required by this chapter relating
to licenses for individual practitioners are as follows:

(a) (1) Cosmetologist application and examination fee shall be
the actual cost to the board for developing, purchasing, grading,
and administering the examination.

(2) A cosmetologist initial license fee shall not be more than
fifty dollars ($50).

(b) (1) An esthetician begin insert or master esthetician end insert application and
examination fee shall be the actual cost to the board for developing,
purchasing, grading, and administering the examination.

(2) An esthetician begin insert or master esthetician end insert initial license fee shall
not be more than forty dollars ($40).

(c) (1) A manicurist application and examination fee shall be
the actual cost to the board for developing, purchasing, grading,
and administering the examination.

(2) A manicurist initial license fee shall not be more than
thirty-five dollars ($35).

(d) (1) A barber application and examination fee shall be the
actual cost to the board for developing, purchasing, grading, and
administering the examination.

(2) A barber initial license fee shall be not more than fifty dollars
($50).

(e) (1) An electrologist application and examination fee shall
be the actual cost to the board for developing, purchasing, grading,
and administering the examination.

(2) An electrologist initial license fee shall be not more than
fifty dollars ($50).

(f) An apprentice application and license fee shall be not more
than twenty-five dollars ($25).

(g) The license renewal fee for individual practitioner licenses
that are subject to renewal shall be not more than fifty dollars
($50).

(h) Notwithstanding Section 163.5 the license renewal
delinquency fee shall be 50 percent of the renewal fee in effect on
the date of renewal.

(i) Any preapplication fee shall be established by the board in
an amount sufficient to cover the costs of processing and
administration of the preapplication.

begin insert

begin insert SEC. 6. end insert   

end insert begin insert

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.

end insert