Amended in Senate August 6, 2014

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 Bill No. 1153

Introduced by Assembly Member Eggman

(Coauthor: Senator Wyland)

February 22, 2013

An act to amend Sections 7312, 7316, 7320, begin delete and end delete 7324 begin insert , and 7423 end insert of, and to add 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 begin delete State Board of Barbering and Cosmetology end delete begin insert board end insert to recognize the advanced practice of esthetic by certifying a master esthetician who has completed a 1,200-hour begin insert board-approved end insert 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
begin delete certifications. end delete begin insert certifications that meet end insert begin insert appropriate standards
approved by the board. end insert

(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 body
by use of hands, esthetic devices, cosmetic preparations, antiseptics,
lotions, tonics, or begin delete creams. end delete begin insert creams that do not result in ablating or
destroying live tissue. end insert

(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 begin delete be operated
within the following guidelines: end delete begin insert not be designed to ablate or
destroy live tissue. end insert

begin delete

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

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

end delete

(3) Performing superficial exfoliation procedures on the begin delete top
layer of the skin (stratum corneum) end delete begin insert nonliving upmost layers of the
skin, known as the epidermis, end insert 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 begin delete stratum corneum. end delete
begin insert epidermis. end insert

(C) Enzyme or herbal exfoliation of the begin delete stratum corneum. end delete
begin insert epidermis. end insert

(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 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 begin delete be operated
within the following guidelines: end delete begin insert not be end insert begin insert designed to ablate or
destroy live tissue. end insert

begin delete

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

end delete begin delete

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

end delete

(B) Performing superficial exfoliation procedures on the begin delete top
layer of the skin (stratum corneum) end delete begin insert nonliving upmost layers of the
skin, known as the epidermis, end insert 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 begin delete stratum corneum. end delete
begin insert epidermis. end insert

(iii)  Enzymes or herbal exfoliation of the begin delete stratum corneum. end delete
begin insert epidermis. end insert

(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 begin insert board-approved end insert 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. begin insert The additional practical and
technical training shall be approved by the board. end insert

(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).

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 7423 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

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).

begin insert

(3) A master esthetician certification fee shall not be more than
forty dollars ($40).

end insert

(c) (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).

(d) (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).

(e) (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).

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

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

(h) Notwithstanding Section begin delete 163.5 end delete begin insert 163.5, end insert the license renewal
delinquency fee shall be 50 percent of the renewal fee in effect on
the date of renewal.

(i) Any preapplication fee shall be established by the board in
an amount sufficient to cover the costs of processing and
administration of the preapplication.

begin delete SEC. 7. end delete
begin insert SEC. 8. 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.