Amended in Senate August 4, 2014

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 BillNo. 1153


Introduced by Assembly Member Eggman

(Coauthor: Senator Wyland)

February 22, 2013


An act to amend Sections 7312, 7316, 7320, andbegin delete 7324of,end deletebegin insert 7324 of,end insert and to addbegin delete Sectionend deletebegin insert Sectionsend insert 7320.6begin insert and 7324.5end insert to, the Business and Professions Code, relating to barbering and cosmetology.

LEGISLATIVE COUNSEL’S DIGEST

AB 1153, as amended, Eggman. Barbering and cosmetology.

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, as specified. 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 insert The bill would require the State Board of Barbering and Cosmetology to recognize the advanced practice of esthetic by certifying a master esthetician who has completed a 1,200-hour program in advanced esthetics, but an individual 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 make it an unfair business practice for any person to hold oneself out or use the title “master esthetician” or any other specified term that implies or suggests that the person is certified as a master esthetician without meeting the certification requirements.end insert The bill would also prohibit a person who is not licensed as an esthetician from representing himself or herself as an esthetician. The bill would also clarify that the prohibition on those licensed to engage in barbering, cosmetology, skin care, nail care, and electrolysis to practice medicine or surgery 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:

P2    1

SECTION 1.  

Section 7312 of the Business and Professions
2Code
is amended to read:

3

7312.  

The board shall do all of the following:

P3    1(a) Make rules and regulations in aid or furtherance of this
2chapter in accordance with the Administrative Procedure Act.

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

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

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

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

25

SEC. 2.  

Section 7316 of the Business and Professions Code is
26amended to read:

27

7316.  

(a) The practice of barbering is all or any combination
28of the following practices:

29(1) Shaving or trimming the beard or cutting the hair.

30(2) Giving facial and scalp massages or treatments with oils,
31creams, lotions, or other preparations either by hand or mechanical
32appliances.

33(3) Singeing, shampooing, arranging, dressing, curling, waving,
34chemical waving, hair relaxing, dyeing the hair, or applying hair
35tonics.

36(4) Applying cosmetic preparations, antiseptics, powders, oils,
37clays, or lotions to the scalp, face, or neck.

38(5) Hairstyling of all textures of hair by standard methods that
39are current at the time of the hairstyling.

P4    1(b) The practice of cosmetology is all or any combination of
2the following practices:

3(1) Arranging, dressing, curling, waving, machineless permanent
4waving, permanent waving, cleansing, cutting, shampooing,
5relaxing, singeing, bleaching, tinting, coloring, straightening,
6dyeing, applying hair tonics to, beautifying, or otherwise treating
7by any means, the hair of any person.

8(2) Giving facials or the practice of massaging, stimulating,
9exfoliating, cleansing, or beautifying the face, scalp, neck, or begin delete upper
10part of the humanend delete
body by use of hands, esthetic devices, cosmetic
11preparations, antiseptics, lotions, tonics, or creams.

12(A) Esthetic devices include, but are not limited to, steamers,
13mechanical brushes, high frequency, galvanic current, vacuum and
14spray, light emitting diode (LED), and skin analysis equipment.

15(B) Esthetic devices shall be operated in accordance with the
16manufacturer’s written instructions. The devices shall be intended
17for improving the appearance of the skin and shall be operated
18within the following guidelines:

19(i) Noninvasive, pursuant to United States Food and Drug
20Administration guidelines.

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

22(3) Performing superficial exfoliation procedures on the top
23layer of the skin (stratum corneum)begin insert on the face and bodyend insert using
24commercially available products, in accordance with the
25manufacturer’s written instructions, including, but not limited to,
26all of the following:

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

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

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

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

35(E) Mechanical exfoliation devices such as microdermabrasion.

36(4) Removing superfluous hair from the body of any person by
37the use of tweezers, sugaring, nonprescription chemicals, waxing,
38or mechanical means.

39(5) Applying makeup or eyelashes to any person.

P5    1(6) Cutting, trimming, polishing, tinting, coloring, cleansing,
2or manicuring the nails of any person.

3(7) Massaging, cleansing, treating, or beautifying the hands or
4feet of any person.

5(c) Within the practice of cosmetology there exist the specialty
6branches of skin care and nail care.

7(1) Skin care is any one or more of the following practices:

8(A) Giving facials or the practice of massaging, stimulating,
9exfoliating, cleansing, or beautifying the face, scalp, neck, orbegin delete upper
10part of the humanend delete
body by use of hands, esthetic devices, cosmetic
11preparations, antiseptics, lotions, tonics, or creams that does not
12 result in ablating or destroying live tissue.

13(i) Esthetic devices include, but are not limited to, steamers,
14mechanical brushes, high frequency, galvanic current, vacuum and
15spray, light emitting diode (LED), and skin analysis equipment.

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

20(I) Noninvasive, pursuant to United States Food and Drug
21Administration guidelines.

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

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

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

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

32(iii)  Enzymes or herbal exfoliation of the stratum corneum.

33(iv)  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.

36(v) Mechanical exfoliation devices such as microdermabrasion.

37(C) Removing superfluous hair from the body of any person by
38the usebegin insert ofend insert tweezers, sugaring, chemicals, waxing, or mechanical
39means.

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

P6    1(2) Nail care is the practice of cutting, trimming, polishing,
2coloring, tinting, cleansing, manicuring, or pedicuring the nails of
3any person or massaging, cleansing, or beautifying from the elbow
4to the fingertips or the knee to the toes of any person.

5(d) The practice of barbering and the practice of cosmetology
6do not include any of the following:

7(1) The mere sale, fitting, or styling of wigs or hairpieces.

8(2) Natural hair braiding. Natural hair braiding is a service that
9results in tension on hair strands or roots by twisting, wrapping,
10weaving, extending, locking, or braiding by hand or mechanical
11device, provided that the service does not include haircutting or
12the application of dyes, reactive chemicals, or other preparations
13to alter the color of the hair or to straighten, curl, or alter the
14structure of the hair.

15(3) Threading. Threading is a technique that results in removing
16hair by twisting thread around unwanted hair and pulling it from
17the skin and the incidental trimming of eyebrow hair.

18(e) Notwithstanding paragraph (2) of subdivision (d), a person
19who engages in natural hairstyling, which is defined as the
20provision of natural hair braiding services together with any of the
21services or procedures defined within the regulated practices of
22barbering or cosmetology, is subject to regulation pursuant to this
23chapter and shall obtain and maintain a barbering or cosmetology
24license as applicable to the services respectively offered or
25performed.

26(f) Electrolysis is the practice of removing hair from, or
27destroying hair on, the human body by the use of an electric needle
28only.

29“Electrolysis” as used in this chapter includes electrolysis or
30thermolysis.

31(g) Nothing in this section shall be interpreted to allow a licensee
32to use lasers.

33

SEC. 3.  

Section 7320 of the Business and Professions Code is
34amended to read:

35

7320.  

This chapter does not confer authority to practice
36medicine or surgery, including, but not limited to, the use of
37radiographs, the furnishing of drugs or invasive devices,
38supervising medical personnel, or diagnosing injury, illness, or
39disease.

P7    1

SEC. 4.  

Section 7320.6 is added to the Business and Professions
2Code
, to read:

3

7320.6.  

A person who is not licensed as an esthetician in this
4state shall not represent himself or herself as an esthetician.

5

SEC. 5.  

Section 7324 of the Business and Professions Code is
6amended to read:

7

7324.  

The board shall admit to examination for a license as an
8esthetician to practice skin care any person who has made
9application to the board in proper form and paid the application
10and examination fee required by this chapter, and who is qualified
11as follows:

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

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

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

15(d) Has done any of the following:

16(1) Completed a course in skin care, as described in Section
177364, from a school approved by the board.

18(2) Practiced skin care, as defined in this chapter, outside of this
19state for a period of time equivalent to the study and training of a
20qualified person who has completed a course in skin care from a
21school the curriculum of which complied with requirements
22adopted by the board. Each three months of practice shall be
23deemed the equivalent of 100 hours of training for qualification
24under paragraph (1).

25(3) Completed the apprenticeship program in skin care specified
26in Article 4 (commencing with Section 7332).

27begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 7324.5 is added to the end insertbegin insertBusiness and Professions
28Code
end insert
begin insert, to read:end insert

begin insert
29

begin insert7324.5.end insert  

(a) The board shall recognize the advanced practice
30of esthetics by certifying a master esthetician who has completed
31a 1,200-hour program in advanced esthetics. An individual
32enrolling in a 1,200-hour master esthetician course who has
33completed the 600-hour esthetician course from a board-approved
34school is only required to obtain the additional 600 hours of
35practical and technical training not received in the initial 600-hour
36esthetician course.

37(b) It is an unfair business practice for any person to hold
38oneself out or use the title of “master esthetician” or any other
39term, such as “licensed,” “registered,” or “CME,” that implies
P8    1or suggests that the person is certified as a master esthetician
2without meeting the requirement in subdivision (a).

end insert
3

begin deleteSEC. 6.end delete
4begin insertSEC. 7.end insert  

No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.



O

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