Amended in Assembly January 6, 2014

Amended in Assembly September 11, 2013

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 7316, 7320, 7324, 7396, and 7423 of, and to add Sections 7320.6, begin insert 7320.7, end insert 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 begin insert cosmetology by including the practice of giving facials and the use of esthetic devices, as defined, and modify the practice of end insert skin care, begin delete including defining “facial” end delete begin insert by including the use of esthetic devices, as defined, end insert 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 begin insert , pursuant to board regulations, end insert 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 begin delete advanced skin care end delete begin insert master esthetics end insert course approved by the board. The bill would provide that begin delete an advanced skin care end delete begin insert a master esthetics end insert course 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. The bill would also prohibit a person who is not licensed as begin insert an esthetician or as end insert a master esthetician from representing himself or herself as begin insert an esthetician or as end insert a master esthetician begin insert , respectively end 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. 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, 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.

begin delete

(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.

end delete begin insert

(2) Giving facials or the practice of massaging, stimulating,
exfoliating, cleansing, or beautifying the face, scalp, neck, or upper
part of the human body by use of hands, esthetic devices, cosmetic
preparations, antiseptics, lotions, tonics, or creams.

end insert begin insert

(A) Esthetic devices, include, but are not limited to, steamers,
mechanical brushes, high frequency, galvanic current, vacuum
and spray, light emitting diode (LED), and skin analysis equipment.

end insert begin insert

(B) Esthetic 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:

end insert begin insert

(i) Noninvasive, pursuant to United States Food and Drug
Administration guidelines.

end insert begin insert

(ii) Not designed to ablate or destroy live tissue.

end insert begin delete

(4)

end delete

begin insert (3) end insert  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 begin insert lasers or end insert light waves, commonly
known as rays.

begin delete

(5)

end delete

begin insert (4) end insert  Cutting, trimming, polishing, tinting, coloring, cleansing,
or manicuring the nails of any person.

begin delete

(6)

end delete

begin insert (5) end insert  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:

begin insert

(A) Giving facials or the practice of massaging, stimulating,
exfoliating, cleansing, or beautifying the face, scalp, neck, or upper
part of the human body by use of hands, esthetic devices, cosmetic
preparations, antiseptics, lotions, tonics, or creams.

end insert begin insert

(i) Esthetic devices, include, but are not limited to, steamers,
mechanical brushes, high frequency, galvanic current, vacuum
and spray, light emitting diode (LED), and skin analysis equipment.

end insert begin insert

(ii) Esthetic 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:

end insert begin insert

(I) Noninvasive, pursuant to United States Food and Drug
Administration guidelines.

end insert begin insert

(II) Not designed to ablate or destroy live tissue.

end insert begin delete

(A) Giving facials, which is defined as superficial

end delete

begin insert (B) end insert begin insert   end insert begin insert Performing superficial end insert 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 begin insert , which
includes application of a cosmetic product with mild abrasive
ingredients that remove dead skin cells end insert .

(ii)  Superficial chemical exfoliation begin insert of the stratum corneum end insert .

(iii)  Enzymes or herbal exfoliators, or both.

(iv)  Extraction with a nonneedle extraction tool. begin insert Extraction
includes the manual removal of comedones (blackheads) and other
surface impurities with the use of fingers or sterile swabs. end insert

begin insert

(v) Mechanical exfoliation devices such as microdermabrasion.

end insert begin delete

(B)

end delete

begin insert (C) end insert  Removing superfluous hair from the body of any person by
the use of depilatories, tweezers, sugaring, chemicals, waxing, or
mechanical means. begin insert This practice does not include the use of lasers
or light waves, commonly known as rays. end insert

begin delete

(C)

end delete

begin insert (D) end insert  Applying makeup or eyelashes to any person.

begin delete

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

(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.

end delete

(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 does not confer authority to practice
medicine or surgery, including diagnosing injury, illness, or
disease.

SEC. 3.  

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

7320.6.  

A person who is not licensed as begin delete a master end delete begin insert an end insert esthetician
in this state shall not represent himself or herself as begin delete a master end delete begin insert an end insert
esthetician.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 7320.7 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 7320.7. end insert   

A person who is not licensed as a master esthetician
in this state shall not represent himself or herself as a master
esthetician.

end insert

begin delete SEC. 4. end delete
begin insert SEC. 5. 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 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 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 delete SEC. 5. end delete
begin insert SEC. 6. end insert   

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 begin delete advanced end delete skin care begin insert , in
accordance with regulations adopted by the board for this purpose, end insert
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:

(1) Is not less than 17 years of age.

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

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

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

(A) Completed a course in begin delete advanced end delete skin care as described in
Section 7364.5 from a school approved by the board.

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

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

begin delete

(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.

end delete begin insert

(i) On or before January 1, 2018, practiced esthetics, as defined
in this chapter, for a period of time equivalent to the study and
training of a qualified person who has completed a course in
master esthetics from a school the curriculum of which complied
with the requirements adopted by the board, during two of the last
four years. An applicant applying for the master esthetician
examination pursuant to this clause may take the examination only
twice. If the applicant fails to pass the test on the second attempt,
he or she is required to qualify for the examination after completing
the required coursework as described in subparagraph (A).

end insert

(ii) Has completed continuing education coursework in begin delete advanced end delete
skin care that complies with requirements established by the board
begin delete 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 delete .

(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.

begin delete

(C) Mechanical exfoliation devices such as microdermabrasion.

end delete begin delete

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

end delete

(2) Services using begin delete esthetic end delete 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)  begin delete Nonprescriptive, end delete begin insert Noninvasive, end insert pursuant to United States
Food and Drug Administration guidelines.

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

(3) Extraction techniques using begin delete tools, including, but not limited
to, both of the following: end delete

begin delete

(A) A needle-like metal extractor tool.

end delete

begin delete (B) end delete begin delete   end delete begin delete A end delete begin insert a end insert disposable lancet begin insert that is required to be disposed of after
each use according to local and state requirements, and held in a
secure location only accessible to a licensed master esthetician.
Extraction techniques with a disposable lancet include follicle
dilation of closed comedones (blackheads) or pustules end insert .

(4)  begin delete Advanced facial massage end delete begin insert Massage end insert techniques on the begin insert face, end insert
upper body, back, scalp, hands, and feet, begin delete including, but not limited
to, manual lymphatic drainage end delete begin insert for the purposes of beauty. This
technique does not include medical lymph therapies end insert .

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

begin delete SEC. 6. end delete
begin insert SEC. 7. end insert   

Section 7364.5 is added to the Business and Professions
Code, to read:

7364.5.  

begin delete An advanced skin care end delete begin insert A master esthetics end insert 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 begin delete advanced skin
care end delete begin insert master esthetics end insert course is not a requirement of obtaining an
esthetician license.

begin delete SEC. 7. end delete
begin insert SEC. 8. end insert   

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.

begin delete SEC. 8. end delete
begin insert SEC. 9. end insert   

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 application and examination fee shall be
the actual cost to the board for developing, purchasing, grading,
and administering the examination.

(2) An 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).

(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).

(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).

(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).

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

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

(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.

(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.

begin delete SEC. 9. end delete
begin insert SEC. 10. end 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.