BILL NUMBER: AB 1153 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 16, 2014
AMENDED IN ASSEMBLY JANUARY 6, 2014
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 7312, 7316, 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 facials and the , the
use of esthetic devices, as defined, and performing
superficial exfoliation, and would modify the
practice of skin care, by including the use of esthetic devices, as
defined, and performing superficial exfoliation 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 regulation ,
but an applicant enrolling in a master esthetician course who has
completed the 600-hour esthetician course from a board
-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 course . 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 surgery extends to would include,
but not be limited to, the use of radiographs, the furnishing of
drugs or invasive devices, supervising medical personnel, or
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 7312 of the Business
and Professions Code is amended to read:
7312. The board shall do all of the following:
(a) Make rules and regulations in aid or furtherance of this
chapter in accordance with the Administrative Procedure Act.
(b) Conduct and administer examinations of applicants for
licensure.
(c) Issue licenses to those applicants that may be entitled
thereto. thereto, and encourage those
licensees to continue to develop their skills in the appropriate
application and use of evolving industry techniques, products,
and equipment by recognizing industry certifications that meet
appropriate standards approved by the board.
(d) Discipline persons who have been determined to be in violation
of this chapter or the regulations adopted pursuant to this chapter.
(e) Adopt rules governing sanitary conditions and precautions to
be employed as are reasonably necessary to protect the public health
and safety in establishments, schools approved by the board, and in
the practice of any profession provided for in this chapter. The
rules shall be adopted in accordance with the Administrative
Procedure Act, Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, and
shall be submitted to the State Department of Health Services and
approved by that department prior to filing with the Secretary of
State. A written copy of all those rules shall be furnished to each
licensee.
SECTION 1. SEC. 2. 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.
(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.
(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.
(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 operated
within the following guidelines:
(i) Noninvasive, pursuant to United States Food and Drug
Administration guidelines.
(ii) Not designed to ablate or destroy live tissue.
(3) Performing 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:
(A) Manual scrubs, including mechanical brush use, which includes
application of a cosmetic product with mild abrasive ingredients that
remove dead skin cells.
(B) Superficial chemical exfoliation of the stratum corneum.
(C) Enzyme or herbal exfoliation of the stratum corneum.
(D) Extraction with a nonneedle extraction tool. Extraction
includes the manual removal of comedones (blackheads) and other
surface impurities with the use of fingers or sterile swabs.
(E) Mechanical exfoliation devices such as microdermabrasion.
(3)
(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 lasers or light waves,
commonly known as rays. tweezers, sugaring,
nonprescription chemicals, waxing, or mechanical means.
(5) Applying makeup or eyelashes to any person.
(4)
(6) Cutting, trimming, polishing, tinting, coloring,
cleansing, or manicuring the nails of any person.
(5)
(7) 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 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
that does not result in ablating or destroying live tissue
.
(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.
(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 operated
within the following guidelines:
(I) Noninvasive, pursuant to United States Food and Drug
Administration guidelines.
(II) Not designed to ablate or destroy live tissue.
(B) Performing 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, which includes
application of a cosmetic product with mild abrasive ingredients
that remove dead skin cells.
(ii) Superficial chemical exfoliation of the stratum corneum.
(iii) Enzymes or herbal exfoliators, or both.
exfoliation of the stratum corneum.
(iv) Extraction with a nonneedle extraction tool. Extraction
includes the manual removal of comedones (blackheads) and other
surface impurities with the use of fingers or sterile swabs.
(v) Mechanical exfoliation devices such as microdermabrasion.
(C) Removing superfluous hair from the body of any person by the
use of depilatories, tweezers, sugaring,
chemicals, waxing, or mechanical means. This practice does
not include the use of lasers or light waves, commonly known as rays.
(D) Applying makeup or eyelashes to any person.
(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.
(g) Nothing in this section shall be interpreted to allow a
licensee to use lasers.
SEC. 2. SEC. 3. 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 , but not limited to, the use of
radiographs, the furnishing of drugs or invasive devices, supervising
medical personnel, or diagnosing injury, illness, or disease.
SEC. 3. SEC. 4. Section 7320.6 is
added to the Business and Professions Code, to read:
7320.6. A person who is not licensed as an esthetician in this
state shall not represent himself or herself as an esthetician.
SEC. 4. SEC. 5. Section 7320.7 is
added to the Business and Professions Code, to read:
7320.7. A person who is not licensed as a master esthetician in
this state shall not represent himself or herself as a master
esthetician.
SEC. 5. SEC. 6. 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).
SEC. 6. SEC. 7. 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 skin care, in accordance with
regulations adopted by the board for this purpose, 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 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:
(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).
(ii) Has completed continuing education coursework in skin care
that complies with requirements established by the board .
(C) On or before January 1, 2018, holds a unexpired cosmetologist
or esthetician's license pursuant to Section 7324 and meets all of
the following requirements:
(i) The license has not been revoked, suspended, or otherwise
restricted.
(ii) The licensee is in good standing.
(iii) The license has been active for at least three of the last
five years, during which time the applicant has not been subject to
disciplinary action or a criminal conviction.
(D) Practiced as a master esthetician, 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
master esthetics from a school the curriculum of which complied with
the requirements adopted by the board. Each three months of practice
shall be deemed the equivalent of 100 hours of training for
qualification under subparagraph (A).
(E) If the applicant who has been qualified to sit for the
examination pursuant to subparagraph (C), 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).
(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.
(2) Services using 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) Noninvasive, pursuant to United States Food and Drug
Administration guidelines.
(B) Not designed to ablate or destroy live tissue.
(3) Extraction techniques using a disposable lancet 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 shall only include follicle dilation of
closed comedones (blackheads) or pustules. For the purposes of
this paragraph, the following definitions apply:
(A) A disposable lancet is a sterile, small, pointed tool that is
used to prick the skin and sold for a single use.
(B) An extraction is the process of removing sebum, bacteria, dead
cells, and other waste from the skin follicle.
(4) Massage techniques on the face, upper body, back, scalp,
hands, and feet, for the purposes of beauty. This technique does not
include medical lymph lymphodema
therapies.
(5) Body treatments that use water, appliances, devices, and
cosmetic preparations intended to improve the appearance of the skin.
(c) Nothing in this section shall be interpreted to allow a
licensee to use lasers.
SEC. 7. SEC. 8. Section 7364.5 is
added to the Business and Professions Code, to read:
7364.5. (a) A master esthetics 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 master esthetics
course is not a requirement of obtaining an esthetician license.
(b) An applicant enrolling in a 1,200-hour master esthetician
course who has completed the 600-hour esthetician course from a
board-approved school is only required to obtain the additional 600
hours of practical and technical training not received in the initial
600-hour esthetician course.
SEC. 8. SEC. 9. 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. 9. SEC. 10. 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.
SEC. 10. SEC. 11. 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.