BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1153
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          ASSEMBLY THIRD READING
          AB 1153 (Eggman)
          As Amended  January 6, 2014
          Majority vote 

           BUSINESS & PROFESSIONS       14-0                    
          APPROPRIATIONS      16-0        
          
           ----------------------------------------------------------------- 
          |Ayes:|Bonilla, Jones,           |Ayes:|Gatto, Bigelow, Allen,    |
          |     |Bocanegra, Campos,        |     |Bocanegra, Bradford, Ian  |
          |     |Dickinson, Eggman,        |     |Calderon, Campos, Eggman, |
          |     |Gordon, Hagman, Holden,   |     |Gomez, Holden, Linder,    |
          |     |Maienschein, Mullin,      |     |Pan, Quirk,               |
          |     |Skinner, Ting, Wilk       |     |Ridley-Thomas, Wagner,    |
          |     |                          |     |Weber                     |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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, antiseptics,  
            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.









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          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; 

             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  








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            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.

          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;









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               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  
                    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. 








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             c)   Requires the 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.

             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;

             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 $40.

          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,  








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            changes the penalty for a crime or infraction, or changes the  
            definition of a crime.


           FISCAL EFFECT  :  According to Assembly Appropriations Committee,  
          start-up costs to BBC of ($180,000 first year, $60,000 second)  
          substantially offset by exam fees earned following license  
          establishment; ongoing exam costs and expert examiner costs  
          ($460,000 first year, $60,000 each year thereafter) fully offset  
          by exam fees; potential one-time increase in licensing fee  
          revenues from applicants in the first year of license  
          availability (could be as high as $225,000).


           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  








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            to the stratum corneum on the face, neck and shoulder area."

           3)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.  Esthetician licenses are renewed annually  
            and licensees are not required to obtain continuing education.  
             Currently, the states of 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.  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. 
          
           5)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  








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            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.

           6)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  
            esthetic devices used by licensed estheticians and  
            cosmetologists must meet specified U.S. 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. 
           

          Analysis Prepared by  :    Elissa Silva / B.,P. & C.P. / (916)  
          319-3301 


                                                                FN: 0002996