Amended in Senate June 30, 2014

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 Bill No. 1153

Introduced by Assembly Member Eggman

(Coauthor: Senator Wyland)

February 22, 2013

An act to amend Sections 7312, 7316, 7320, begin delete 7324, 7396, and 7423 end delete begin insert and 7324 end insert of, and to add begin delete Sections 7320.6, 7320.7, 7324.5, and 7364.5 end delete begin insert Section 7320.6 end insert to, the Business and Professions Code, relating to barbering and cosmetology.

LEGISLATIVE COUNSEL’S DIGEST

AB 1153, as amended, Eggman. begin delete Master esthetician: license. end delete begin insert Barbering and cosmetology. end insert

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 begin insert , end insert such as the completion of an approved skin care course of instruction begin delete that includes no less than 600 hours of practical training and technical instruction that accords with the curriculum established by the board end delete begin insert , as specified end insert . 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, 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. begin delete 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. end delete The bill would also prohibit a person who is not licensed as an esthetician begin delete or as a master esthetician end delete from representing himself or herself as an esthetician begin delete or as a master esthetician, respectively end delete . 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 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,
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.

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.

(4) Removing superfluous hair from the body of any person by
the use of tweezers, sugaring, nonprescription chemicals, waxing,
or mechanical means.

(5) Applying makeup or eyelashes to any person.

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

(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 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 tweezers, sugaring, chemicals, waxing, or mechanical
means.

(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. 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. 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.

begin delete

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.

end delete

begin delete SEC. 6. 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. 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) 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 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 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. 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. 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. 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.

end delete

begin delete SEC. 11. end delete
begin insert SEC. 6. 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.