BILL NUMBER: AB 1153 AMENDED
BILL TEXT
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
INTRODUCED BY Assembly Member Eggman
(Coauthor: Senator Wyland)
FEBRUARY 22, 2013
An act to amend Sections 7312, 7316, 7320, and 7324of,
7324 of, and to add Section
Sections 7320.6 and 7324.5 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.
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. 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:
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.
certifications.
(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) on the face and body 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) on the face and body 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 of 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.
SEC. 5. 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. Section 7324.5 is added to the
Business and Professions Code , to read:
7324.5. (a) The board shall recognize the advanced practice of
esthetics by certifying a master esthetician who has completed a
1,200-hour program in advanced esthetics. An individual 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.
(b) It is an unfair business practice for any person to hold
oneself out or use the title of "master esthetician" or any other
term, such as "licensed," "registered," or "CME," that implies or
suggests that the person is certified as a master esthetician without
meeting the requirement in subdivision (a).
SEC. 6. SEC. 7. 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.