Amended in Senate June 16, 2014

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 BillNo. 1153


Introduced by Assembly Member Eggman

(Coauthor: Senator Wyland)

February 22, 2013


An act to amend Sections begin insert7312, end insert7316, 7320, 7324, 7396, and 7423 of, and to add Sections 7320.6, 7320.7, 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 cosmetology by including the practice of giving facialsbegin delete and theend deletebegin insert, theend insert use of esthetic devices, as defined,begin insert and performing superficial exfoliation,end insert andbegin insert wouldend insert modify the practice of skin care, by including the use of esthetic devices, as defined,begin insert and performing superficial exfoliationend 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, pursuant to board regulations, 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 master esthetics course approved by the board. The bill would provide that a master esthetics 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 regulationbegin insert, but an applicant enrolling in a master esthetician course who has completed the 600-hour esthetician course from a boardend insertbegin insert-approved school would only be required to obtain the additional 600 hours of practical and technical training not received in the initial 600-hour esthetician courseend insert. The bill would also prohibit a person who is not licensed as an esthetician or as a master esthetician from representing himself or herself as an esthetician or as a master esthetician, respectively. 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 surgerybegin delete extends toend deletebegin insert would include, but not be limited to, the use of radiographs, the furnishing of drugs or invasive devices, supervising medical personnel, orend insert 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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 7312 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

P3    1

7312.  

The board shall do all of the following:

2(a) Make rules and regulations in aid or furtherance of this
3chapter in accordance with the Administrative Procedure Act.

4(b) Conduct and administer examinations of applicants for
5licensure.

6(c) Issue licenses to those applicants that may be entitledbegin delete thereto.end delete
7begin insert thereto, and encourage those licensees to continue to develop their
8skills in the appropriate application and use of evolving industry
9techniques, products, and equipment by recognizing industry
10certifications that meet appropriate standards approved by the
11board.end insert

12(d) Discipline persons who have been determined to be in
13violation of this chapter or the regulations adopted pursuant to this
14chapter.

15(e) Adopt rules governing sanitary conditions and precautions
16to be employed as are reasonably necessary to protect the public
17health and safety in establishments, schools approved by the board,
18and in the practice of any profession provided for in this chapter.
19The rules shall be adopted in accordance with the Administrative
20Procedure Act, Chapter 3.5 (commencing with Section 11340) of
21begin insert Part 1 of Division 3 ofend insert Title 2 of the Government Code, and shall
22be submitted to the State Department of Health Services and
23 approved by that department prior to filing with the Secretary of
24State. A written copy of all those rules shall be furnished to each
25licensee.

26

begin deleteSECTION 1.end delete
27begin insertSEC. 2.end insert  

Section 7316 of the Business and Professions Code is
28amended to read:

29

7316.  

(a) The practice of barbering is all or any combination
30of the following practices:

31(1) Shaving or trimming the beard or cutting the hair.

32(2) Giving facial and scalp massages or treatments with oils,
33creams, lotions, or other preparations either by hand or mechanical
34appliances.

35(3) Singeing, shampooing, arranging, dressing, curling, waving,
36chemical waving, hair relaxing, dyeing the hair, or applying hair
37tonics.

38(4) Applying cosmetic preparations, antiseptics, powders, oils,
39clays, or lotions to the scalp, face, or neck.

P4    1(5) Hairstyling of all textures of hair by standard methods that
2are current at the time of the hairstyling.

3(b) The practice of cosmetology is all or any combination of
4the following practices:

5(1) Arranging, dressing, curling, waving, machineless permanent
6waving, permanent waving, cleansing, cutting, shampooing,
7relaxing, singeing, bleaching, tinting, coloring, straightening,
8dyeing, applying hair tonics to, beautifying, or otherwise treating
9by any means, the hair of any person.

10(2) Giving facials or the practice of massaging, stimulating,
11exfoliating, cleansing, or beautifying the face, scalp, neck, or upper
12part of the human body by use of hands, esthetic devices, cosmetic
13preparations, antiseptics, lotions, tonics, or creams.

14(A) Esthetic devicesbegin delete,end delete include, but are not limited to, steamers,
15mechanical brushes, high frequency, galvanic current, vacuum and
16spray, light emitting diode (LED), and skin analysis equipment.

17(B) Esthetic devices shall be operated in accordance with the
18manufacturer’s written instructions. The devices shall be intended
19for improving the appearance of the skin and shall bebegin insert operatedend insert
20 within the following guidelines:

21(i) Noninvasive, pursuant to United States Food and Drug
22Administration guidelines.

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

begin insert

24(3) Performing superficial exfoliation procedures on the top
25layer of the skin (stratum corneum) using commercially available
26products, in accordance with the manufacturer’s written
27instructions, including, but not limited to, all of the following:

end insert
begin insert

28(A) Manual scrubs, including mechanical brush use, which
29includes application of a cosmetic product with mild abrasive
30ingredients that remove dead skin cells.

end insert
begin insert

31(B) Superficial chemical exfoliation of the stratum corneum.

end insert
begin insert

32(C) Enzyme or herbal exfoliation of the stratum corneum.

end insert
begin insert

33(D) Extraction with a nonneedle extraction tool. Extraction
34includes the manual removal of comedones (blackheads) and other
35surface impurities with the use of fingers or sterile swabs.

end insert
begin insert

36(E) Mechanical exfoliation devices such as microdermabrasion.

end insert
begin delete

37(3)

end delete

38begin insert(4)end insert Removing superfluous hair from the body of any person by
39the use ofbegin delete depilatories or by the use of tweezers, chemicals, or
40preparations or by the use of devices or appliances of any kind or
P5    1description, except by the use of lasers or light waves, commonly
2known as rays.end delete
begin insert tweezers, sugaring, nonprescription chemicals,
3waxing, or mechanical means.end insert

begin insert

4(5) Applying makeup or eyelashes to any person.

end insert
begin delete

5(4)

end delete

6begin insert(6)end insert Cutting, trimming, polishing, tinting, coloring, cleansing,
7or manicuring the nails of any person.

begin delete

8(5)

end delete

9begin insert(7)end insert Massaging, cleansing, treating, or beautifying the hands or
10feet of any person.

11(c) Within the practice of cosmetology there exist the specialty
12branches of skin care and nail care.

13(1) Skin care is any one or more of the following practices:

14(A) Giving facials or the practice of massaging, stimulating,
15exfoliating, cleansing, or beautifying the face, scalp, neck, or upper
16part of the human body by use of hands, esthetic devices, cosmetic
17preparations, antiseptics, lotions, tonics, or creamsbegin insert that does not
18 result in ablating or destroying live tissueend insert
.

19(i) Esthetic devicesbegin delete,end delete include, but are not limited to, steamers,
20mechanical brushes, high frequency, galvanic current, vacuum and
21spray, light emitting diode (LED), and skin analysis equipment.

22(ii) Esthetic devices shall be operated in accordance with the
23manufacturer’s written instructions. The devices shall be intended
24for improving the appearance of the skin and shall bebegin insert operatedend insert
25 within the following guidelines:

26(I) Noninvasive, pursuant to United States Food and Drug
27Administration guidelines.

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

29(B) Performing superficial exfoliation procedures on the top
30layer of the skin (stratum corneum) using commercially available
31products, in accordance with the manufacturer’s written
32instructions, including, but not limited to, all of the following:

33(i)  Manual scrubs, including mechanical brush use, which
34includes application of a cosmetic product with mild abrasive
35ingredients that remove dead skin cells.

36(ii)  Superficial chemical exfoliation of the stratum corneum.

37(iii)  Enzymes or herbalbegin delete exfoliators, or both.end deletebegin insert exfoliation of the
38stratum corneum.end insert

P6    1(iv)  Extraction with a nonneedle extraction tool. Extraction
2includes the manual removal of comedones (blackheads) and other
3surface impurities with the use of fingers or sterile swabs.

4(v) Mechanical exfoliation devices such as microdermabrasion.

5(C) Removing superfluous hair from the body of any person by
6the usebegin delete of depilatories,end delete tweezers, sugaring, chemicals, waxing, or
7mechanical means. begin delete This practice does not include the use of lasers
8or light waves, commonly known as rays.end delete

9(D) Applying makeup or eyelashes to any person.

10(2) Nail care is the practice of cutting, trimming, polishing,
11coloring, tinting, cleansing, manicuring, or pedicuring the nails of
12any person or massaging, cleansing, or beautifying from the elbow
13to the fingertips or the knee to the toes of any person.

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

16(1) The mere sale, fitting, or styling of wigs or hairpieces.

17(2) Natural hair braiding. Natural hair braiding is a service that
18results in tension on hair strands or roots by twisting, wrapping,
19weaving, extending, locking, or braiding by hand or mechanical
20device, provided that the service does not include haircutting or
21the application of dyes, reactive chemicals, or other preparations
22to alter the color of the hair or to straighten, curl, or alter the
23structure of the hair.

24(3) Threading. Threading is a technique that results in removing
25hair by twisting thread around unwanted hair and pulling it from
26the skin and the incidental trimming of eyebrow hair.

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

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

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

begin insert

P7    1(g) Nothing in this section shall be interpreted to allow a
2licensee to use lasers.

end insert
3

begin deleteSEC. 2.end delete
4begin insertSEC. 3.end insert  

Section 7320 of the Business and Professions Code is
5amended to read:

6

7320.  

This chapter does not confer authority to practice
7medicine or surgery, includingbegin insert, but not limited to, the use of
8radiographs, the furnishing of drugs or invasive devices,
9supervising medical personnel, orend insert
diagnosing injury, illness, or
10disease.

11

begin deleteSEC. 3.end delete
12begin insertSEC. 4.end insert  

Section 7320.6 is added to the Business and Professions
13Code
, to read:

14

7320.6.  

A person who is not licensed as an esthetician in this
15state shall not represent himself or herself as an esthetician.

16

begin deleteSEC. 4.end delete
17begin insertSEC. 5.end insert  

Section 7320.7 is added to the Business and Professions
18Code
, to read:

19

7320.7.  

A person who is not licensed as a master esthetician
20in this state shall not represent himself or herself as a master
21esthetician.

22

begin deleteSEC. 5.end delete
23begin insertSEC. 6.end insert  

Section 7324 of the Business and Professions Code is
24amended to read:

25

7324.  

The board shall admit to examination for a license as an
26esthetician to practice skin care any person who has made
27application to the board in proper form and paid the application
28and examination fee required by this chapter, and who is qualified
29as follows:

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

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

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

33(d) Has done any of the following:

34(1) Completed a course in skin care, as described in Section
357364, from a school approved by the board.

36(2) Practiced skin care, as defined in this chapter, outside of this
37state for a period of time equivalent to the study and training of a
38qualified person who has completed a course in skin care from a
39school the curriculum of which complied with requirements
40adopted by the board. Each three months of practice shall be
P8    1deemed the equivalent of 100 hours of training for qualification
2under paragraph (1).

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

5

begin deleteSEC. 6.end delete
6begin insertSEC. 7.end insert  

Section 7324.5 is added to the Business and Professions
7Code
, to read:

8

7324.5.  

(a) The board shall admit to examination for a license
9as a master esthetician to practice skin care, in accordance with
10regulations adopted by the board for this purpose, any person who
11has made application to the board in proper form and paid the
12application and examination fee required by this chapter, and who
13is qualified as follows:

14(1) Is not less than 17 years of age.

15(2) Has completed the 10th grade or its equivalent.

16(3) Is not subject to denial pursuant to Section 480.

17(4) Has done at least one of the following:

18(A) Completed a course in skin care as described in Section
197364.5 from a school approved by the board.

20(B) Earned a national or international diploma or certification
21in advanced or master esthetics that is recognized by the board.

begin delete

22(C) Holds a current esthetician’s license pursuant to Section
237324 and either:

end delete
begin delete

24(i) On or before January 1, 2018, practiced esthetics, as defined
25in this chapter, for a period of time equivalent to the study and
26training of a qualified person who has completed a course in master
27esthetics from a school the curriculum of which complied with the
28requirements adopted by the board, during two of the last four
29years. An applicant applying for the master esthetician examination
30pursuant to this clause may take the examination only twice. If the
31applicant fails to pass the test on the second attempt, he or she is
32required to qualify for the examination after completing the
33required coursework as described in subparagraph (A).

end delete
begin delete

34(ii) Has completed continuing education coursework in skin
35care that complies with requirements established by the board .

end delete
begin insert

36(C) On or before January 1, 2018, holds a unexpired
37cosmetologist or esthetician’s license pursuant to Section 7324
38and meets all of the following requirements:

end insert
begin insert

39(i) The license has not been revoked, suspended, or otherwise
40restricted.

end insert
begin insert

P9    1(ii) The licensee is in good standing.

end insert
begin insert

2(iii) The license has been active for at least three of the last five
3years, during which time the applicant has not been subject to
4disciplinary action or a criminal conviction.

end insert
begin insert

5(D) Practiced as a master esthetician, as defined in this chapter,
6outside of this state for a period of time equivalent to the study
7and training of a qualified person who has completed a course in
8master esthetics from a school the curriculum of which complied
9with the requirements adopted by the board. Each three months
10of practice shall be deemed the equivalent of 100 hours of training
11for qualification under subparagraph (A).

end insert
begin insert

12(E) If the applicant who has been qualified to sit for the
13examination pursuant to subparagraph (C), fails to pass the test
14on the second attempt, he or she is required to qualify for the
15examination after completing the required coursework as described
16in subparagraph (A).

end insert

17(b) A licensed master esthetician may perform, in addition to
18the practice of skin care as defined in paragraph (1) of subdivision
19(c) of Section 7316, all of the following:

20(1) Exfoliation procedures on the face and body using
21commercially available products in accordance with the
22manufacturer’s written instructions, including, but not limited to,
23any of the following:

24(A) Superficial andbegin delete lightend delete chemical exfoliation preparations
25intended to work within the epidermal layers of the skin.

26(B) The combination of cosmetic preparations intended for light
27and superficial exfoliation results.

28(2) Services using devices or the combination of devices on the
29face and body. These devices shall be operated in accordance with
30the manufacturer’s written instructions. The devices shall be
31intended for improving the appearance of the skin and shall be
32within the following guidelines:

33(A) Noninvasive, pursuant to United States Food and Drug
34Administration guidelines.

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

36(3) Extraction techniques using a disposable lancet that is
37required to be disposed of after each use according to local and
38state requirements, and held in a secure location only accessible
39to a licensed master esthetician. Extraction techniques with a
40disposable lancetbegin insert shall onlyend insert include follicle dilation of closed
P10   1comedones (blackheads) or pustules.begin insert For the purposes of this
2paragraph, the following definitions apply:end insert

begin insert

3(A) A disposable lancet is a sterile, small, pointed tool that is
4used to prick the skin and sold for a single use.

end insert
begin insert

5(B) An extraction is the process of removing sebum, bacteria,
6dead cells, and other waste from the skin follicle.

end insert

7(4) Massage techniques on the face, upper body, back, scalp,
8hands, and feet, for the purposes of beauty. This technique does
9not include medicalbegin delete lymphend deletebegin insert lymphodemaend insert therapies.

10(5) Body treatments that use water, appliances, devices, and
11cosmetic preparations intended to improve the appearance of the
12skin.

begin insert

13(c) Nothing in this section shall be interpreted to allow a
14licensee to use lasers.

end insert
15

begin deleteSEC. 7.end delete
16begin insertSEC. 8.end insert  

Section 7364.5 is added to the Business and Professions
17Code
, to read:

18

7364.5.  

begin insert(a)end insertbegin insertend insert A master esthetics course established by a school
19shall consist of not less than 1,200 hours of practical training and
20technical instruction in accordance with a curriculum established
21by board regulation. The master esthetics course is not a
22requirement of obtaining an esthetician license.

begin insert

23(b) An applicant enrolling in a 1,200-hour master esthetician
24course who has completed the 600-hour esthetician course from
25a board-approved school is only required to obtain the additional
26600 hours of practical and technical training not received in the
27initial 600-hour esthetician course.

end insert
28

begin deleteSEC. 8.end delete
29begin insertSEC. 9.end insert  

Section 7396 of the Business and Professions Code is
30amended to read:

31

7396.  

The form and content of a license issued by the board
32shall be determined in accordance with Section 164.

33The license shall prominently state that the holder is licensed as
34a barber, cosmetologist, esthetician, master esthetician, manicurist,
35electrologist, or apprentice, and shall contain a photograph of the
36licensee.

37

begin deleteSEC. 9.end delete
38begin insertSEC. 10.end insert  

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

P11   1

7423.  

The amounts of the fees required by this chapter relating
2to licenses for individual practitioners are as follows:

3(a) (1) Cosmetologist application and examination fee shall be
4the actual cost to the board for developing, purchasing, grading,
5and administering the examination.

6(2) A cosmetologist initial license fee shall not be more than
7fifty dollars ($50).

8(b) (1) An esthetician application and examination fee shall be
9the actual cost to the board for developing, purchasing, grading,
10and administering the examination.

11(2) An esthetician initial license fee shall not be more than forty
12dollars ($40).

13(c) (1) A master esthetician application and examination fee
14shall be the actual cost to the board for developing, purchasing,
15grading, and administering the examination.

16(2) A master esthetician initial license fee shall not be more
17than forty dollars ($40).

18(d) (1) A manicurist application and examination fee shall be
19the actual cost to the board for developing, purchasing, grading,
20and administering the examination.

21(2) A manicurist initial license fee shall not be more than
22thirty-five dollars ($35).

23(e) (1) A barber application and examination fee shall be the
24actual cost to the board for developing, purchasing, grading, and
25administering the examination.

26(2) A barber initial license fee shall be not more than fifty dollars
27($50).

28(f) (1) An electrologist application and examination fee shall
29be the actual cost to the board for developing, purchasing, grading,
30and administering the examination.

31(2) An electrologist initial license fee shall be not more than
32fifty dollars ($50).

33(g) An apprentice application and license fee shall be not more
34than twenty-five dollars ($25).

35(h) The license renewal fee for individual practitioner licenses
36that are subject to renewal shall be not more than fifty dollars
37($50).

38(i) Notwithstanding Section 163.5 the license renewal
39delinquency fee shall be 50 percent of the renewal fee in effect on
40the date of renewal.

P12   1(j) Any preapplication fee shall be established by the board in
2an amount sufficient to cover the costs of processing and
3administration of the preapplication.

4

begin deleteSEC. 10.end delete
5begin insertSEC. 11.end insert  

No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
8district will be incurred because this act creates a new crime or
9infraction, eliminates a crime or infraction, or changes the penalty
10for a crime or infraction, within the meaning of Section 17556 of
11the Government Code, or changes the definition of a crime within
12the meaning of Section 6 of Article XIII B of the California
13Constitution.



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