BILL ANALYSIS Ó
AB 1153
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Date of Hearing: April 23, 2013
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Richard S. Gordon, Chair
AB 1153 (Eggman) - As Amended: April 16, 2013
SUBJECT : Master esthetician: license.
SUMMARY : Allows the Board of Barbering and Cosmetology (Board)
to offer a master esthetician skin care license and establishes
the educational and practical requirements for the examination
application. Specifically, this bill :
1)States that persons not licensed as a master esthetician shall
not represent themselves as a master esthetician.
2)Requires the Board to admit as an applicant for the master
esthetician licensure examination any person who has applied
to the Board, has paid the application examination fee, 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, as specified; and,
d) Has done at least one of the following:
i) Completed a course in advanced skin care as
specified, from a school approved by the Board;
ii) Earned a national or international diploma or
certification in advanced or master esthetics that is
recognized by the Board; or,
iii) Holds a current esthetician's license and either
provides satisfactory evidence that he or she has worked
as an esthetician for a minimum of 2000 client contact
hours, at least 500 hours of which consisted of
supervised advanced skin care treatments, or completed
continuing education coursework in advanced skin care
that complies with requirements established by the Board
and demonstrates that he or she has worked as a master
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esthetician for a period of time established by the
Board, as specified.
1)Specifies that an advanced skin care course established by a
school shall consist of not less than 1200 hours of practical
training and technical instruction in accordance with a
curriculum established by Board regulation, and clarifies that
the advanced skin care course is not a requirement of
obtaining an esthetician license.
2)Specifies that the master esthetician application and
examination fee shall be the actual cost for the Board to
develop, purchase, grade and administer the examination.
3)Specifies that the esthetician or master esthetician initial
license fee shall not be more than $40.
4)Makes other technical and clarifying changes.
5)States that no reimbursement is required by this bill pursuant
to Section 6 of Article XIIIB of the California Constitution
because the only costs that may be incurred by a local agency
or a school district will be incurred because this bill
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 XIIIB of the California Constitution.
EXISTING LAW
1)Establishes the Barbering and Cosmetology Act, which provides
for the licensure and regulation of barbers and
cosmetologists, including the practice of skin care by
licensed estheticians, by the Board in the Department of
Consumer Affairs. (Business and Professions Code (BPC) Section
7316)
2)Establishes the specified requirements that applicants for a
cosmetology, esthetician, barbering, manicurist and
electrologist license must meet in order to sit for the
licensure examination. (BPC 7321, 7321.5, 7324, 7326, 7330)
3)Requires an applicant for an esthetician license to complete
an application, pay an application and examination fee, pass
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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. (BPC 7324)
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of this bill . This bill provides current or
prospective esthetician licensees with the option to obtain a
master esthetician skin care license. The master esthetician
designation will require an applicant to acquire an additional
600 hours of skin care training in addition to the 600 hour
coursework requirement for the esthetician license. The
additional designation will allow an individual to better
advertise their advanced technical training and experience to
consumers. This bill is sponsored by the Associated Skin Care
Professionals.
2)Author's statement . According to the author, "The bill seeks
to address a need for more specialized training and licensure
for Estheticians. Both Medical Spas and Luxury Spas expect
their Estheticians to be specialized in advanced treatments to
provide clients with more services and procedures. Technology
advancements in this area have created the need for more
specialized estheticians, which will also provide added
consumer protections. This advanced training would not expand
the scope of an esthetician, but instead provide additional
training and expertise within the current scope [of practice].
The training curriculum and licensure would fall under the
purview of the [Board], as it does with the current
esthetician [licensing] program."
3)Licensure requirements . Esthetics in California is the
practice of giving facials, applying makeup, eyelash
application, hair removal (by tweezing or waxing), and
providing skin care. It also includes beautifying the face,
neck, or upper part of the human body (shoulders and up) by
use of cosmetic preparations, antiseptics, tonics, lotions or
creams. There are more than, 55,000 licensed estheticians in
California.
To be a licensed esthetician, a person must complete the 10th
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grade or the equivalent, complete 600 hours of training at a
Board-approved school, complete an apprenticeship program or
have practiced skin care for a specified period of time, and
pass a written and practical examination. The two-part
examination process is administered and scored on the same
day, and once the applicant passes both exams, the license is
issued immediately at the facility.
Esthetician licenses are renewed annually and licensees are
not required to obtain continuing education. Estheticians are
not allowed to provide skin piercing, laser treatments,
administer medicine, or remove skin tags or moles. This bill
does not expand the current scope of practice for licensed
estheticians in California.
California currently provides reciprocity for individuals who
are licensed outside of California. A license may be granted
to an out-of-state applicant who submits a completed
application, proof of a current license issued by another
state, is in good standing, has been active for three of the
last five years and has no disqualifying criminal record or
been subject to disciplinary action during that time. This
bill includes a provision to offer an advanced esthetician
license to an individual who is licensed out-of-state.
Currently, Utah and Virginia offer a two-tier master
esthetician licensing program comprised of 1200 hours of
study, similar to the provisions of this bill.
4)Educational curriculum for estheticians . Part of the
curriculum for an esthetician license includes coursework in
manual, electrical and chemical facials, health and safety,
disinfection and sanitation and training in specified hair
removal, make-up and eyebrow beautification. The additional
600 hours of training could include coursework in cellulite
treatments, oxygen infusion therapy and treatments, advanced
anatomy, physiology and microbiology, microdermabrasion,
advanced waxing, advanced anti-aging and acne care, or others
as specifically approved through the Board's school and
curriculum approval process.
There are a number of schools in California that offer
coursework for the esthetician license. In order for a school
to offer an advanced skincare course, the school would need to
obtain approval of the new curriculum and course content from
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the both the Bureau for Private Postsecondary Education (BPPE)
and the Board. It is unclear how many approved schools in
California offering coursework for an esthetician license
would offer the advanced coursework as well. Additionally, it
is unclear how long it would take the Board and BPPE to
approve a school's new or additional curriculum for the master
esthetician coursework.
5)Examination issues . This bill implies that an applicant for a
master esthetician license would be required to pass a new
examination in addition to completing 600 additional hours of
coursework. This bill does not address the testing format or
procedures that would be utilized. The current esthetician
licensing examination is administered by the Board and is
based on a widely-used national examination developed by the
National-Interstate Council of State Boards of Cosmetology
(NIC). According to the NIC Web site, the NIC offers a master
esthetician license, but this bill does not specify if the NIC
tests would be used for the master esthetician license in
California.
6)Questions for the Committee . Notably, the master esthetician
designation created by this bill does not contain any
additional testing mechanism - it is largely recognition of a
specified number of hours in practice. This raises a question
about precedent setting, in that other professions may seek
master designations under their own particular licenses. It
also raises a question about consumer expectations, and
whether or not consumers would expect a master's designation
to communicate tested competency rather than simply addition
hours worked.
7)Technical amendment . The author may wish to clarify the
provision relating to individuals who have taken additional
coursework in advanced skin care, and delete an unnecessary
reference to continuing education.
On page 3, line 39, after the word "completed" strike
"continuing education" and insert "additional"
8)Arguments in support . The Associated Skin Care Professionals
write in support, "As part of an effort to upgrade protection
for consumers receiving skin care [and] esthetic services,
this bill would create an advanced education and licensure
pathway for a master esthetician license in California. With
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[the] diverse array of practice types, treatment alternatives,
and setting varieties, a consumer is challenged to compare
provider capabilities with their only tool being a check to
see whether a provider possesses such a basic esthetician
license."
9)Related legislation . SB 689 (Price) of 2013 makes technical,
non-substantive changes to current provisions in the Barbering
and Cosmetology Act. SB 689 is pending the Senate Rules
Committee.
SB 308 (Price) of 2013 extends the provisions for the
licensure and regulation of the Board of Barbering and
Cosmetology, among others, as specified until January 1, 2018.
SB 308 is pending in the Senate Business, Professions and
Economic Development Committee
10)Previous legislation . AB 1754 (Mendoza) of 2012 would have
provided for the voluntary certification of makeup artists,
and would have defined the practice of makeup artistry to
include applying makeup, prosthetics, lash and brow tinting,
application of false eyelashes, and skin protection. AB 1754
was held in the Assembly Business, Professions and Consumer
Protection Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Associated Skin Care Professionals (sponsor)
Bellus Academy
Milan Institute of Cosmetology
Mosaic Marketing Partners, LLC
Opposition
None on file.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301
AB 1153
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