BILL ANALYSIS Ó
AB 1153
Page 1
Date of Hearing: January 14, 2014
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Susan A. Bonilla, Chair
AB 1153 (Eggman) - As Amended: January 6, 2014
SUBJECT : Master esthetician: license.
SUMMARY : Authorizes the Board of Barbering and Cosmetology
(BBC) to offer a master esthetician skin care license,
establishes the educational and practical requirements for the
examination application, and modifies the scope of practice of
cosmetology and esthetic skin care. Specifically, this bill :
1)Clarifies the practice of cosmetology to include giving
facials or the practice of exfoliating or beautifying the
face, scalp, neck, or upper part of the human body by use of
esthetic devices, hands, cosmetic preparations, antispetics,
lotions, tonics or creams.
2)Specifies that 'esthetic devices' include but are not limited
to steamers, mechanical brushes, and high frequency, galvanic
current, vacuum and spray, light emitting diode (LED), and
skin analysis equipment.
3)Requires that esthetic devices be operated in accordance with
the manufacturer's written instructions.
4)Requires the esthetic devices be intended for improving the
appearance of the skin, and be noninvasive pursuant to United
States (U.S.) Food and Drug Administration (FDA) guidelines
and not designed to ablate or destroy live tissue.
5)States that the practice of cosmetology does not include the
use of lasers for removing superfluous hair from the body of
any person.
6)Specifies that the practice of skin care includes:
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;
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b) Performing superficial exfoliation procedures on the top
layer of the skin 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 top layer of
skin;
iii) Enzymes or herbal exfoliators, or both;
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; and,
v) Mechanical exfoliation devices such as
microdermabrasion.
c) Removing superfluous hair from the body by the use of
depilatories, tweezers, sugaring, chemicals, waxing, or
mechanical means, but does not include the use of lasers or
light waves; and,
d) Applying makeup or eyelashes to any person.
7)Specifies that, for the practice of skin care, esthetic
devices include, but are not limited to, steamers, mechanical
brushes, and high frequency, galvanic current, vacuum and
spray, light emitting diode (LED), and skin analysis
equipment.
8)Requires that, for the practice of skin care, esthetic devices
be operated in accordance with the manufacturer's written
instruction.
9)Requires that, for the practice of skin care, esthetic devices
be intended for improving the appearance of the skin, and be
noninvasive pursuant to U.S. FDA guidelines and not designed
to ablate or destroy live tissue.
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10)Clarifies that this bill does do not confer authority to
practice medicine or surgery, including diagnosing injury,
illness, or disease.
11)Prohibits a person who is not licensed as an esthetician in
California from representing himself or herself as an
esthetician.
12)Prohibits a person who is not licensed as a master
esthetician in California from representing himself or herself
as a master esthetician.
13)Requires BBC to admit to examination for a license as a
master esthetician to practice skin care, in accordance with
regulations adopted by the BBC, any person who has made an
application to the BBC in proper form and paid the application
and examination fee as required, 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 skin care, consisting of not
less than 1200 hours of practical training and technical
instruction in accordance with a curriculum established
by BBC regulation and from a school approved by the BBC;
ii) Earned a national or international diploma or
certification in advanced or master esthetics that is
recognized by the BBC; or,
iii) Holds a current esthetician's license and either:
(1) On or before January 1, 2018, practiced
esthetics, 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,
which the curriculum complies with the requirements
adopted by the BBC, during two of the last four years.
An applicant applying for the master esthetician
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examination under these provisions may take the
examination only twice and if the applicant fails to
pass the test on the second attempt, he or she is
required to qualify for the examination after
completing the required master esthetician coursework,
as specified; or,
(2) Has completed continuing education coursework
in skin care that complies with requirements
established by the BBC.
14)Permits a licensed master esthetician to perform, in addition
to the practice of skin care, or comply with all of the
following:
a) 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:
i) Superficial and light chemical exfoliation
preparations intended to work with the epidermal layers
of the skin; and,
ii) The combination of cosmetic preparations intended
for light and superficial exfoliation results.
b) Services using devices or the combination of devices on
the face and body and specifies that these devices shall be
operated in accordance with the manufacturer's written
instruction.
c) Requires the esthetic devices be intended for improving
the appearance of the skin and be noninvasive pursuant to
United States (U.S.) Food and Drug Administration (FDA)
guidelines and not designed to ablate or destroy live
tissue.
d) Extraction techniques using a disposable lancet that
must 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 include follicle
dilation of closed comedones (blackheads) or pustules;
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e) Massage techniques on the face, upper body, back, scalp,
hands, and feet for the purposes of beauty, but not
including medical lymph therapies; and,
f) Body treatments that use water, appliances, devices, and
cosmetic preparations intended to improve the appearance of
the skin.
15)Requires a master esthetics course established by a school to
consist of not less than 1200 hours of practical training and
technical instruction in accordance with a curriculum
established by BBC regulation and clarifies that the master
esthetics course is not a requirement of obtaining an
esthetician license.
16)Requires a master esthetician license to prominently state
that the holder is licensed as a master esthetician.
17)Requires a master esthetician application and examination fee
to be the actual cost to the BBC for developing, purchasing,
grading, and administering the examination.
18)Prohibits a master esthetician initial license from being
more than forty dollars.
19)Makes other technical and clarifying changes.
20)States that no reimbursement is required by this bill 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,
changes the penalty for a crime or infraction, or changes the
definition of a crime.
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
7301, 7316)
2)Establishes requirements that applicants for a cosmetology,
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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
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 BBC. (BPC 7324, 7364)
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, although
it also provides an alternative pathway without the additional
coursework for practicing estheticians, recent graduates or
those about to graduate. In addition, this bill modifies the
current scope of practice for estheticians to include
technological and industry advances in skin care practice.
This bill is sponsored by the Coalition for Advanced Skincare
and Education.
2)Author's statement . According to the author, "[This] bill
seeks to address an industry request for more specialized
training and licensure for estheticians. Both medical spas
and luxury spas expect their estheticians to be versed in
advanced treatments to provide clients with more services and
procedures. Technological advancements in this area have
created the need for more specialized estheticians, which will
also provide added consumer protections. The training
curriculum and licensure would fall under the purview of the
[BBC], as it does with the current esthetician program. This
bill expands the scope of a Master Esthetician to include the
use of disposable lancets for extraction (defined) and allows
Master Estheticians to perform their craft on all epidermal
layers of skin over the whole body rather than being limited
to the stratum corneum on the face, neck and shoulder area."
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3)The skincare industry . According to the Bureau of Labor
Statistics, the employment of skincare professionals is
expected to grow 25 percent from 2010 to 2020, faster than the
average for all other occupations. The predicted rise in
employment reflects an increased demand for new services
because of the interest among women and a growing number of
men to reduce the effects of aging and lead healthier
lifestyles. As part of new industry advances, the techniques
used by professional estheticians may now include facial
steaming, wrapping, exfoliation, waxing, pore cleansing,
extraction, chemical peels, and creams, lotions, wraps, clay
or gel masks, and salt scrubs.
4)Licensure requirements for estheticians . 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
grade or the equivalent, complete 600 hours of training at a
BBC-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 or laser treatments,
administer medicine, or remove skin tags or moles. This bill
does not alter those restrictions, and further clarifies that
the use of lasers or light waves are not permitted in the
practice of skin care.
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.
5)Educational curriculum for estheticians . Part of the
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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. Although an
advanced curriculum for a master esthetician license would
need to be approved by the BBC, 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 other topics as
specifically approved.
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
the both the Bureau for Private Postsecondary Education (BPPE)
and the BBC. 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 BBC and BPPE to approve
a school's new or additional curriculum for the master
esthetician coursework.
BBC does not currently offer any form of master license to any
of its existing license programs.
6)Grandfather provisions for existing estheticians . Until
January 1, 2018, this bill would allow individuals who are
practicing estheticians, who are currently enrolled in an
esthetics program or who have recently graduated from an
esthetics program to obtain a master esthetician designation
without taking the additional 600 hours of course work as long
they can meet specified study and training requirements and
pass the master examination. Such individuals would be
allowed two opportunities to pass the examination before being
required to take the additional 600 hours of coursework.
7)Changes in scope of practice . This bill modifies the current
scope of practice for licensed estheticians and cosmetologists
to include industry-wide practices such as giving facials,
beautification of the face, scalp and neck by use of esthetic
devices, providing manual scrubs and superficial exfoliation
procedures on the top layer of the skin and performing certain
extraction techniques. AB 1153 also clarifies that the
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esthetic devices used by licensed estheticians and
cosmetologists must meet specified FDA guidelines and not be
designed to destroy or ablate live tissue. Licensed
estheticians and cosmetologists may not use lasers for the
removal of hair.
In addition to the basic practice of skin care, a licensed
master esthetician will be authorized to provide exfoliation
procedures on the face and body including the use of
superficial light chemical exfoliation, the use of devices on
the face or body, specified extractions with a disposable
lancet, massage techniques on the face and body that do not
include medical lymph therapies, and body treatments that use
water, appliances, devices and cosmetic preparations intended
to improve the appearance of skin.
8)The practice of cosmetology . Currently, licensed
cosmetologists are permitted to practice the same skin care
functions as licensed estheticians, in addition to providing a
variety of hair treatments and nail and waxing services.
Licensed cosmetologists must complete 1600 hours of approved
coursework, of which 400 hours include education in skin care.
The full 1600 educational hours and training for licensed
cosmetologists allows them the flexibility to offer a
multitude of services, including hair and skin care services.
In order for cosmetologists to continue to provide hair and
skin care services as currently practiced, this bill modifies
the current scope of practice for cosmetologists relating to
skin care to mirror those services that an esthetician may
perform. If a cosmetologist chose to seek a master
esthetician license, they would be required to complete the
additional 600 hours of education and pass the examination
because this bill does not provide a separate pathway for
cosmetologists to obtain a master esthetician license.
9)Arguments in support . The Associated Skin Care Professionals
writes in support, "The current California statute addressing
scope of practice for estheticians accurately describes in
very broad terms the kinds of desired consumer skin care
services the public looks to estheticians to provide. However,
to a degree probably unmatched within related personal care
and health services fields, skin science knowledge has
substantially advanced in recent years. The types of
equipment, chemical formulations and techniques employed today
differ in material respects from those utilized when the
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statute was drafted?[this bill] would differentiate those
estheticians who do secure additional education and can pass a
higher level national examination identified by the [BBC],
permitting such individuals to qualify for a new Master
Esthetician licensing credential. Consumers would be aided by
being able to differentiate, to match treatment simplicity or
complexity with esthetician qualifications."
10) Questions for the Committee . The continued education
requirement created by this bill may require some time for
the BBC to design and implement. Currently, the BBC does
not administer a continuing education program for any of
its licensure categories. As written, this bill would
authorize an esthetician seeking a master esthetician
license to complete the required study and training and
pass an examination or complete a continuing education
program as approved by the BBC. In order to allow the BBC
time to approve a continuing education program as specified
in this bill, the author may wish to consider delaying the
implementation of the measure for at least six months to
provide the BBC with time to update its regulations to
address any new education requirements as prescribed by
this bill.
This bill also raises a question of precedent, as BBC does not
currently offer any form of master designation, and the
creation of one would likely lead to new requests for
additional designations. The Committee may wish to consider
when and how a master designation would be appropriate for a
profession, as opposed to a simple expansion in scope of
practice for an existing license type.
11)Previous legislation . SB 308 (Lieu), Chapter 333, Statutes
of 2013, extends the provisions for the licensure and
regulation of the BBC, among others, as specified until
January 1, 2016.
SB 689 (Price) of 2013 would make technical, non-substantive
changes to current provisions in the Barbering and Cosmetology
Act. SB 689 is currently pending in the Senate Rules
Committee.
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
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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
The International Dermal Institute
Top Health & Beauty
Wayne's College of Beauty
Opposition
None on file.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301