BILL NUMBER: AB 1153 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 11, 2013
AMENDED IN ASSEMBLY APRIL 16, 2013
INTRODUCED BY Assembly Member Eggman
(Coauthor: Senator Wyland)
FEBRUARY 22, 2013
An act to amend Sections 7316, 7320, 7324,
7364, 7396, and 7423 of, and to add Sections
7320.6 and , 7324.5 , and 7364.5
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 act defines skin care and 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 would modify the practice of skin care, including
defining "facial" for these purposes. The bill would provide
for the licensure and regulation of master estheticians , as
defined . 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 course shall
is required to consist of not less than 1,200 hours of
practical training and technical instruction in accordance with a
curriculum established by board regulation. This
The bill would also prohibit a person who is not licensed
as a master esthetician from representing himself or herself as a
master esthetician. 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.
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:
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 the 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.
(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.
(A) Giving facials, which is defined as superficial exfoliation
procedures on the top layer of the skin (stratum corneum) using
commercially available products, in accordance with the manufacturer'
s written instructions, including, but not limited to, all of the
following:
(i) Manual scrubs, including mechanical brush use.
(ii) Superficial chemical exfoliation.
(iii) Enzymes or herbal exfoliators, or both.
(iv) Extraction with a nonneedle extraction tool.
(B) Removing superfluous hair from the body of any person by the
use of depilatories, tweezers, sugaring, chemicals, waxing, or
mechanical means.
(C) Applying makeup or eyelashes to any person.
(B)
(D) Beautifying the face, neck, arms, or upper part of
the human body, by use of cosmetic preparations, antiseptics, tonics,
lotions, or creams.
(C)
(E) 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.
(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. 2. Section 7320 of the Business
and Professions Code is amended to read:
7320. This chapter confers no does not
confer authority to practice medicine or surgery ,
including diagnosing injury, illness, or disease .
SECTION 1. SEC. 3. Section 7320.6 is
added to the Business and Professions Code, to read:
7320.6. Persons A person who
are is not licensed as a
master estheticians esthetician in this
state shall not represent themselves himself
or herself as a master esthetician.
SEC. 2. SEC. 4. 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 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 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).
SEC. 3. SEC. 5. Section 7324.5 is
added to the Business and Professions Code, to read:
7324.5. (a) 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)
(1) Is not less than 17 years of age.
(b)
(2) Has completed the 10th grade or its equivalent.
(c)
(3) Is not subject to denial pursuant to Section 480.
(d)
(4) Has done at least one of the following:
(1)
(A) Completed a course in advanced skin care as
described in subdivision (b) of Section 7364,
Section 7364.5 from a school approved by the board.
(2)
(B) Earned a national or international diploma or
certification in advanced or master esthetics that is recognized by
the board.
(3)
(C) Holds a current esthetician's license pursuant to
Section 7324 and either:
(A)
(i) 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)
(ii) 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.
(b) A licensed master esthetician may perform, in addition to the
practice of skin care as defined in paragraph (1) of subdivision (c)
of Section 7316, all of the following:
(1) Exfoliation procedures on the face and body using commercially
available products in accordance with the manufacturer's written
instructions, including, but not limited to, any of the following:
(A) Superficial and light chemical exfoliation preparations
intended to work within the epidermal layers of the skin.
(B) The combination of cosmetic preparations intended for light
and superficial exfoliation results.
(C) Mechanical exfoliation devices such as microdermabrasion.
(D) Manual exfoliation tools intended for safe use on the top
layer of the skin (stratum corneum).
(2) Services using esthetic devices or the combination of devices
on the face and body. These devices shall be operated in accordance
with the manufacturer's written instructions. The devices shall be
intended for improving the appearance of the skin and shall be within
the following guidelines:
(A) Nonprescriptive, pursuant to United States Food and Drug
Administration guidelines.
(B) Not designed to ablate or destroy live tissue.
(3) Extraction techniques using tools, including, but not limited
to, both of the following:
(A) A needle-like metal extractor tool.
(B) A disposable lancet.
(4) Advanced facial massage techniques on the upper body, back,
scalp, hands, and feet, including, but not limited to, manual
lymphatic drainage.
(5) Body treatments that use water, appliances, devices, and
cosmetic preparations intended to improve the appearance of the skin.
SEC. 4. 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 1,200 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.
SEC. 6. Section 7364.5 is added to the
Business and Professions Code , to read:
7364.5. An advanced skin care course established by a school
shall consist of not less than 1,200 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.
SEC. 7. Section 7396 of the Business
and Professions Code is amended to read:
7396. The form and content of a license issued by the board shall
be determined in accordance with Section 164.
The license shall prominently state that the holder is licensed as
a barber, cosmetologist, esthetician, master esthetician,
manicurist, electrologist, or apprentice, and shall contain a
photograph of the licensee.
SEC. 5. SEC. 8. Section 7423 of the
Business and Professions Code is amended to read:
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 or master esthetician
application and examination fee shall be the actual cost to the board
for developing, purchasing, grading, and administering the
examination.
(2) An esthetician or master esthetician
initial license fee shall not be more than forty dollars ($40).
(c) (1) A master esthetician application and examination fee shall
be the actual cost to the board for developing, purchasing, grading,
and administering the examination.
(2) A master esthetician initial license fee shall not be more
than forty dollars ($40).
(c)
(d) (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)
(e) (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)
(f) (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)
(g) An apprentice application and license fee shall be
not more than twenty-five dollars ($25).
(g)
(h) The license renewal fee for individual practitioner
licenses that are subject to renewal shall be not more than fifty
dollars ($50).
(h)
(i) 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)
(j) Any preapplication fee shall be established by the
board in an amount sufficient to cover the costs of processing and
administration of the preapplication.
SEC. 6. SEC. 9. 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.