BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 1153 (Eggman) - Barbering and Cosmetology: master
estheticians.
Amended: August 6, 2014 Policy Vote: BP&ED 6-1
Urgency: No Mandate: Yes
Hearing Date: August 14, 2014
Consultant: Mark McKenzie
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 1153 would require the Board of Barbering and
Cosmetology (BBC) to certify a skin care professional who has
completed a 1,200 hour board-approved program in advanced
esthetics as a master esthetician. The bill would also provide
title protection to estheticians and master estheticians by
prohibiting a person from representing himself or herself as an
esthetician or master esthetician without being licensed or
certified by the BBC, as specified.
Fiscal Impact:
Unknown one-time costs, likely less than $150,000, to adopt
regulations that define parameters for a board-approved
training program, certification of master estheticians, and
establishing a certification fee. (Barbering and
Cosmetology Contingent Fund)
Minor BBC costs of about $20,000 to establish a new
certification type in the BreEZe IT system. (Barbering and
Cosmetology Contingent Fund)
According to the BBC, any additional enforcement costs would
be minor and absorbable. (Barbering and Cosmetology Contingent
Fund)
Unknown fee revenues related to certification of master
estheticians. Fee revenues would depend upon the number of
applicants and the level of fees established by the BBC.
(Barbering and Cosmetology Contingent Fund)
Background: Existing law, the Barbering and Cosmetology Act,
AB 1153 (Eggman)
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provides for the licensure and regulation of barbers and
cosmetologists, including the practice of skin care by licensed
estheticians. Esthetics 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, arms, or upper part of the human
body (from the shoulders and up) by use of cosmetic
preparations, antiseptics, tonics, lotions, or creams. In order
to meet the requirements for licensure, an applicant must pay
application and examination fees, pass the examination, and meet
specified qualifications, including completion of an approved
600-hour skin care course of instruction that meets the
curriculum requirements established by the BBC. There are
currently over 60,000 licensed estheticians in California.
Proposed Law: AB 1153 would make the following changes to the
Barbering and Cosmetology Act:
Revise the scope of practice related to skin care
professionals and prescribe various processes and
procedures that would fall within the practice of an
esthetician.
Establish a certification title for master estheticians
who have completed a 1,200 hour board-approved program of
training in advanced esthetics. Completion of a 600-hour
esthetician course from a board-approved school would count
towards the 1,200 hour program for advanced esthetics.
Authorize the BBC to establish a master esthetician
certification fee of up to $40.
Provide title protection for estheticians and master
estheticians by prohibiting someone from representing
himself or herself as an esthetician or master esthetician
unless the person is licensed or certified by the BBC.
Staff Comments: The BBC was unable to provide an estimate of
workload associated with adopting regulations to establish
criteria for approving coursework for practical and technical
training in advanced esthetics, or for establishing
certification fees for master estheticians. Staff estimates
these costs are not likely to exceed $150,000.
Staff notes that amendments to the bill since the policy
committee hearing appear to expand the scope of practice of an
esthetician that could be perceived as interfering with the
scope of practice of massage therapy and dermatology. For
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example, the bill was recently amended to authorize exfoliation
procedures that affect the entire epidermis, rather than the
stratum corneum (very top layers of the skin). The bill was
also amended to allow an esthetician to perform certain
procedures and practices, including massage, on the entire body,
rather than the "upper part of the body."
The bill also creates a new crime mandate by creating title
protection for estheticians and master estheticians. Pursuant
to the CA Constitution, mandates that create new crimes are not
state-reimbursable.