Amended in Assembly September 11, 2013

Amended in Assembly April 16, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1153


Introduced by Assembly Member Eggman

(Coauthor: Senator Wyland)

February 22, 2013


An act to amend Sectionsbegin insert 7316, 7320,end insert 7324,begin delete 7364,end deletebegin insert 7396,end insert and 7423 of, and to add Sections 7320.6begin delete andend deletebegin insert,end insert 7324.5begin insert, and 7364.5end insert to, the Business and Professions Code, relating to barbering and cosmetology.

LEGISLATIVE COUNSEL’S DIGEST

AB 1153, as amended, Eggman. Master esthetician: license.

Existing 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 actbegin insert defines skin care andend insert 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.

This bill wouldbegin insert modify the practice of skin care, including defining “facial” for these purposes. The bill wouldend insert provide for the licensure and regulation of master estheticiansbegin insert, as definedend insert. 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 bill would provide that an advanced skin care coursebegin delete shallend deletebegin insert is required toend insert consist of not less than 1,200 hours of practical training and technical instruction in accordance with a curriculum established by board regulation.begin delete Thisend deletebegin insert Theend insert bill would also prohibit a person who is not licensed as a master esthetician from representing himself or herself as a master esthetician.begin insert The bill would also clarify that the prohibition on those licensed to engage in barbering, cosmetology, skin care, nail care, and electrolysis to practice medicine or surgery extends to diagnosing injury, illness, or disease.end insert Because a violation of these provisions would be 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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 7316 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

7316.  

(a) The practice of barbering is all or any combination
4of the following practices:

5(1) Shaving or trimming the beard or cutting the hair.

6(2) Giving facial and scalp massages or treatments with oils,
7creams, lotions, or other preparations either by hand or mechanical
8appliances.

9(3) Singeing, shampooing, arranging, dressing, curling, waving,
10chemical waving, hair relaxing,begin delete orend delete dyeing the hairbegin insert,end insert or applying
11hair tonics.

12(4) Applying cosmetic preparations, antiseptics, powders, oils,
13clays, or lotions tobegin insert theend insert scalp, face, or neck.

14(5) Hairstyling of all textures of hair by standard methods that
15are current at the time of the hairstyling.

16(b) The practice of cosmetology is all or any combination of
17the following practices:

P3    1(1) Arranging, dressing, curling, waving, machineless permanent
2waving, permanent waving, cleansing, cutting, shampooing,
3relaxing, singeing, bleaching, tinting, coloring, straightening,
4dyeing, applying hair tonics to, beautifying, or otherwise treating
5by any means, the hair of any person.

6(2) Massaging, cleaning, or stimulating the scalp, face, neck,
7arms, or upper part of the human body, by means of the hands,
8devices, apparatusbegin insert,end insert or appliances, with or without the use of
9cosmetic preparations, antiseptics, tonics, lotions, or creams.

10(3) Beautifying the face, neck, arms, or upper part of the human
11body, by use of cosmetic preparations, antiseptics, tonics, lotions,
12or creams.

13(4) Removing superfluous hair from the body of any person by
14the use of depilatories or by the use of tweezers, chemicals, or
15preparations or by the use of devices or appliances of any kind or
16description, except by the use of light waves, commonly known
17as rays.

18(5) Cutting, trimming, polishing, tinting, coloring, cleansing,
19or manicuring the nails of any person.

20(6) Massaging, cleansing, treating, or beautifying the hands or
21feet of any person.

22(c) Within the practice of cosmetology there exist the specialty
23branches of skin care and nail care.

24(1) Skin care is any one or more of the following practices:

begin delete

25(A) Giving facials, applying makeup, giving skin care, removing
26superfluous hair from the body of any person by the use of
27depilatories, tweezers or waxing, or applying eyelashes to any
28person.

end delete
begin insert

29(A) Giving facials, which is defined as superficial exfoliation
30procedures on the top layer of the skin (stratum corneum) using
31commercially available products, in accordance with the
32manufacturer’s written instructions, including, but not limited to,
33all of the following:

end insert
begin insert

34(i)  Manual scrubs, including mechanical brush use.

end insert
begin insert

35(ii)  Superficial chemical exfoliation.

end insert
begin insert

36(iii)  Enzymes or herbal exfoliators, or both.

end insert
begin insert

37(iv)  Extraction with a nonneedle extraction tool.

end insert
begin insert

38(B) Removing superfluous hair from the body of any person by
39the use of depilatories, tweezers, sugaring, chemicals, waxing, or
40mechanical means.

end insert
begin insert

P4    1(C) Applying makeup or eyelashes to any person.

end insert
begin delete

2(B)

end delete

3begin insert(D)end insert Beautifying the face, neck, arms, or upper part of the human
4body, by use of cosmetic preparations, antiseptics, tonics, lotions,
5or creams.

begin delete

6(C)

end delete

7begin insert(E)end insert Massaging, cleaning, or stimulating the face, neck, arms,
8or upper part of the human body, by means of the hands, devices,
9apparatus, or appliances, with the use of cosmetic preparations,
10antiseptics, tonics, lotions, or creams.

11(2) Nail care is the practice of cutting, trimming, polishing,
12coloring, tinting, cleansing, manicuring, or pedicuring the nails of
13any person or massaging, cleansing, or beautifying from the elbow
14to the fingertips or the knee to the toes of any person.

15(d) The practice of barbering and the practice of cosmetology
16do not include any of the following:

17(1) The mere sale, fitting, or styling of wigs or hairpieces.

18(2) Natural hair braiding. Natural hair braiding is a service that
19results in tension on hair strands or roots by twisting, wrapping,
20weaving, extending, locking, or braiding by hand or mechanical
21device, provided that the service does not include haircutting or
22the application of dyes, reactive chemicals, or other preparations
23to alter the color of the hair or to straighten, curl, or alter the
24structure of the hair.

25(3) Threading. Threading is a technique that results in removing
26hair by twisting thread around unwanted hair and pulling it from
27the skin and the incidental trimming of eyebrow hair.

28(e) Notwithstanding paragraph (2) of subdivision (d), a person
29who engages in natural hairstyling, which is defined as the
30provision of natural hair braiding services together with any of the
31services or procedures defined within the regulated practices of
32barbering or cosmetology, is subject to regulation pursuant to this
33chapter and shall obtain and maintain a barbering or cosmetology
34license as applicable to the services respectively offered or
35 performed.

36(f) Electrolysis is the practice of removing hair from, or
37destroying hair on, the human body by the use of an electric needle
38only.

39“Electrolysis” as used in this chapter includes electrolysis or
40thermolysis.

P5    1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 7320 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
2amended to read:end insert

3

7320.  

This chapterbegin delete confers noend deletebegin insert does not conferend insert authority to
4practice medicine or surgerybegin insert, including diagnosing injury, illness,
5or diseaseend insert
.

6

begin deleteSECTION 1.end delete
7begin insertSEC. 3.end insert  

Section 7320.6 is added to the Business and Professions
8Code
, to read:

9

7320.6.  

begin deletePersons end deletebegin insertA person end insertwhobegin delete areend deletebegin insert isend insert not licensed asbegin insert aend insert master
10begin delete estheticiansend deletebegin insert estheticianend insert in this state shall not representbegin delete themselvesend delete
11begin insert himself or herselfend insert as a master esthetician.

12

begin deleteSEC. 2.end delete
13begin insertSEC. 4.end insert  

Section 7324 of the Business and Professions Code is
14amended to read:

15

7324.  

The board shall admit to examination for a license as an
16esthetician to practice skin care any person who has made
17application to the board in proper form and paid the application
18and examination fee required by this chapter, and who is qualified
19as follows:

20(a) Is not less than 17 years of age.

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

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

23(d) Has done any of the following:

24(1) Completed a course in skin care, as described inbegin delete subdivision
25(a) ofend delete
Section 7364, from a school approved by the board.

26(2) Practiced skin care, as defined in this chapter, outside of this
27state for a period of time equivalent to the study and training of a
28qualified person who has completed a course in skin care from a
29school the curriculum of which complied with requirements
30adopted by the board. Each three months of practice shall be
31deemed the equivalent of 100 hours of training for qualification
32under paragraph (1).

33(3) Completed the apprenticeship program in skin care specified
34in Article 4 (commencing with Section 7332).

35

begin deleteSEC. 3.end delete
36begin insertSEC. 5.end insert  

Section 7324.5 is added to the Business and Professions
37Code
, to read:

38

7324.5.  

begin insert(a)end insertbegin insertend insertThe board shall admit to examination for a license
39as a master esthetician to practice advanced skin care any person
40who has made application to the board in proper form and paid
P6    1the application and examination fee required by this chapter, and
2who is qualified as follows:

begin delete

3(a)

end delete

4begin insert(1)end insert Is not less than 17 years of age.

begin delete

5(b)

end delete

6begin insert(2)end insert Has completed the 10th grade or its equivalent.

begin delete

7(c)

end delete

8begin insert(3)end insert Is not subject to denial pursuant to Section 480.

begin delete

9(d)

end delete

10begin insert(4)end insert Has done at least one of the following:

begin delete

11(1)

end delete

12begin insert(A)end insert Completed a course in advanced skin care as described in
13begin delete subdivision (b) of Section 7364,end deletebegin insert Section 7364.5end insert from a school
14approved by the board.

begin delete

15(2)

end delete

16begin insert(B)end insert Earned a national or international diploma or certification
17in advanced or master esthetics that is recognized by the board.

begin delete

18(3)

end delete

19begin insert(C)end insert Holds a current esthetician’s license pursuant to Section
207324 and either:

begin delete

21(A)

end delete

22begin insert(i)end insert Provides satisfactory evidence that he or she has worked as
23 an esthetician for a minimum of 2,000 client contact hours, at least
24500 hours of which consisted of supervised, advanced skin care
25treatments.

begin delete

26(B)

end delete

27begin insert(ii)end insert Has completed continuing education coursework in advanced
28skin care that complies with requirements established by the board
29and demonstrated that he or she has worked as a master esthetician
30for a period of time established by the board prior to the effective
31date of the act that added this section.

begin insert

32(b) A licensed master esthetician may perform, in addition to
33the practice of skin care as defined in paragraph (1) of subdivision
34(c) of Section 7316, all of the following:

end insert
begin insert

35(1) Exfoliation procedures on the face and body using
36commercially available products in accordance with the
37manufacturer’s written instructions, including, but not limited to,
38any of the following:

end insert
begin insert

39(A) Superficial and light chemical exfoliation preparations
40intended to work within the epidermal layers of the skin.

end insert
begin insert

P7    1(B) The combination of cosmetic preparations intended for light
2and superficial exfoliation results.

end insert
begin insert

3(C) Mechanical exfoliation devices such as microdermabrasion.

end insert
begin insert

4(D) Manual exfoliation tools intended for safe use on the top
5layer of the skin (stratum corneum).

end insert
begin insert

6(2) Services using esthetic devices or the combination of devices
7on the face and body. These devices shall be operated in
8accordance with the manufacturer’s written instructions. The
9devices shall be intended for improving the appearance of the skin
10and shall be within the following guidelines:

end insert
begin insert

11(A) Nonprescriptive, pursuant to United States Food and Drug
12Administration guidelines.

end insert
begin insert

13(B) Not designed to ablate or destroy live tissue.

end insert
begin insert

14(3) Extraction techniques using tools, including, but not limited
15to, both of the following:

end insert
begin insert

16(A) A needle-like metal extractor tool.

end insert
begin insert

17(B) A disposable lancet.

end insert
begin insert

18(4) Advanced facial massage techniques on the upper body,
19back, scalp, hands, and feet, including, but not limited to, manual
20lymphatic drainage.

end insert
begin insert

21(5) Body treatments that use water, appliances, devices, and
22cosmetic preparations intended to improve the appearance of the
23skin.

end insert
begin delete
24

SEC. 4.  

Section 7364 of the Business and Professions Code is
25amended to read:

26

7364.  

(a) A skin care course established by a school shall
27consist of not less than 600 hours of practical training and technical
28instruction in accordance with a curriculum established by board
29regulation.

30(b) An advanced skin care course established by a school shall
31consist of not less than 1,200 hours of practical training and
32technical instruction in accordance with a curriculum established
33by board regulation. The advanced skin care course is not a
34requirement of obtaining an esthetician license.

end delete
35begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 7364.5 is added to the end insertbegin insertBusiness and Professions
36Code
end insert
begin insert, to read:end insert

begin insert
37

begin insert7364.5.end insert  

An advanced skin care course established by a school
38shall consist of not less than 1,200 hours of practical training and
39technical instruction in accordance with a curriculum established
P8    1by board regulation. The advanced skin care course is not a
2requirement of obtaining an esthetician license.

end insert
3begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 7396 of the end insertbegin insertBusiness and Professions Codeend insertbegin insert is
4amended to read:end insert

5

7396.  

The form and content of a license issued by the board
6shall be determined in accordance with Section 164.

7The license shall prominently state that the holder is licensed as
8a barber, cosmetologist, esthetician,begin insert master esthetician,end insert manicurist,
9electrologist, or apprentice, and shall contain a photograph of the
10licensee.

11

begin deleteSEC. 5.end delete
12begin insertSEC. 8.end insert  

Section 7423 of the Business and Professions Code is
13amended to read:

14

7423.  

The amounts of the fees required by this chapter relating
15to licenses for individual practitioners are as follows:

16(a) (1) Cosmetologist application and examination fee shall be
17the actual cost to the board for developing, purchasing, grading,
18and administering the examination.

19(2) A cosmetologist initial license fee shall not be more than
20fifty dollars ($50).

21(b) (1) An estheticianbegin delete or master estheticianend delete application and
22examination fee shall be the actual cost to the board for developing,
23purchasing, grading, and administering the examination.

24(2) An estheticianbegin delete or master estheticianend delete initial license fee shall
25not be more than forty dollars ($40).

begin insert

26(c) (1) A master esthetician application and examination fee
27shall be the actual cost to the board for developing, purchasing,
28grading, and administering the examination.

end insert
begin insert

29(2) A master esthetician initial license fee shall not be more
30than forty dollars ($40).

end insert
begin delete

31(c)

end delete

32begin insert(d)end insert (1) A manicurist application and examination fee shall be
33the actual cost to the board for developing, purchasing, grading,
34and administering the examination.

35(2) A manicurist initial license fee shall not be more than
36thirty-five dollars ($35).

begin delete

37(d)

end delete

38begin insert(e)end insert (1) A barber application and examination fee shall be the
39actual cost to the board for developing, purchasing, grading, and
40administering the examination.

P9    1(2) A barber initial license fee shall be not more than fifty dollars
2($50).

begin delete

3(e)

end delete

4begin insert(f)end insert (1) An electrologist application and examination fee shall
5be the actual cost to the board for developing, purchasing, grading,
6and administering the examination.

7(2) An electrologist initial license fee shall be not more than
8fifty dollars ($50).

begin delete

9(f)

end delete

10begin insert(g)end insert An apprentice application and license fee shall be not more
11than twenty-five dollars ($25).

begin delete

12(g)

end delete

13begin insert(h)end insert The license renewal fee for individual practitioner licenses
14that are subject to renewal shall be not more than fifty dollars
15($50).

begin delete

16(h)

end delete

17begin insert(i)end insert Notwithstanding Section 163.5 the license renewal
18delinquency fee shall be 50 percent of the renewal fee in effect on
19the date of renewal.

begin delete

20(i)

end delete

21begin insert(j)end insert Any preapplication fee shall be established by the board in
22an amount sufficient to cover the costs of processing and
23administration of the preapplication.

24

begin deleteSEC. 6.end delete
25begin insertSEC. 9.end insert  

No reimbursement is required by this act pursuant to
26Section 6 of Article XIII B of the California Constitution because
27the only costs that may be incurred by a local agency or school
28district will be incurred because this act creates a new crime or
29infraction, eliminates a crime or infraction, or changes the penalty
30for a crime or infraction, within the meaning of Section 17556 of
31the Government Code, or changes the definition of a crime within
32the meaning of Section 6 of Article XIII B of the California
33Constitution.



O

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