BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1153|
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THIRD READING
Bill No: AB 1153
Author: Eggman (D), et al.
Amended: 8/6/14 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEVEL. COMMITTEE : 6-1, 6/23/14
AYES: Lieu, Wyland, Corbett, Galgiani, Hernandez, Hill
NOES: Berryhill
NO VOTE RECORDED: Block, Torres
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/11/14
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
ASSEMBLY FLOOR : 72-2, 1/27/14 - See last page for vote
SUBJECT : Barbering and cosmetology
SOURCE : Coalition for Advanced Skincare and Education
DIGEST : This bill modifies the scope of practice of
cosmetology and skin care.
ANALYSIS :
Existing law:
1. Establishes the Barbering and Cosmetology Act (Act), which
provides for the licensure and regulation of barbers and
cosmetologists, including the practice of skin care by
licensed estheticians, by the Board of Barbering and
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Cosmetology (BBC).
2. Establishes requirements that applicants for a cosmetology,
esthetician, barbering, manicurist and electrologist license
must meet in order to sit for the licensure examination.
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.
This bill:
1. Requires the BBC to encourage licensees to continue to
develop their skills in the appropriate application and use
of evolving industry techniques, products and equipment by
recognizing industry certifications that meet appropriate
standards approved by the BBC.
2. Adds to the practice of cosmetology by specifying that it
includes:
A. 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 that
do not result in ablating or destroying live tissue.
Specifies that "esthetic devices" include, but are not
limited to, steamers, mechanical brushes, and high
frequency, galvanic current, vacuum and spray, light
emitting diode, and skin analysis equipment. Requires
that esthetic devices be operated in accordance with the
manufacturer's written instructions. Requires esthetic
devices to be intended for improving the appearance of the
skin, and not be designed to ablate or destroy live
tissue.
B. Performing superficial exfoliation procedures on the
nonliving upmost layers of the skin (epidermis) on the
face and body using commercially available products, in
accordance with the manufacturer's written instructions
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including, but not limited to:
(1) Manual scrubs including mechanical brush use
which includes application of a cosmetic product with
mild abrasive ingredients that remove dead skin
cells.
(2) Superficial chemical exfoliation of the
epidermis.
(3) Enzyme or herbal exfoliation of the epidermis.
(4) Extraction with a nonneedle extraction tool
which includes the manual removal of comedones
(blackheads) and other surface impurities with the
use of fingers or sterile swabs.
(5) Mechanical exfoliation devices such as
microdermabrasion.
3. Clarifies that the practice of cosmetology includes removing
superfluous hair from the body of any person by the use of
tweezers, sugaring, nonprescription chemicals, waxing or
mechanical means.
4. Adds to the practice of cosmetology by authorizing the
application of eyelashes to any person.
5. 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 body by use of hands, esthetic
devices (as described above), cosmetic preparations,
antiseptics, lotions, tonics, or creams that do not result
in ablating or destroying live tissue.
B. Performing superficial exfoliation procedures on the
nonliving upmost layers of the skin (epidermis) on the
face and body using commercially available products as
described above.
C. Removing superfluous hair from the body as described
above.
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D. Applying eyelashes to any person.
6. Clarifies that this bill does do 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.
7. Grants title protection to estheticians by stating that a
person who is not licensed as an esthetician in this state
shall not represent himself/herself as an esthetician.
8. Makes other technical and clarifying changes.
9. Requires the BBC to recognize the advanced practice of
esthetics by certifying a master esthetician who has
completed a 1,200-hour BBC-approved program in advanced
esthetics; provides that an individual enrolling in a
1,200-hour master esthetician course who has completed the
600-hour esthetician course from a BBC-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. Requires the additional practical and
technical training to be approved by the BBC.
10.Specifies that 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 specified in #9 above.
11.Provides that a master esthetician certification fee shall be
no more than $40.
Background
BBC and regulation of estheticians . The Act regulates the
practice of barbering, cosmetology and electrolysis. Title
protection is provided for the use of the term "cosmetologist"
and "barber." The Act also regulates the specialty branches
within the practice of cosmetology of skin care and nail care.
Those exempt from the Act are generally (1) those involved in
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the health care field who, within their own scope of practice,
may perform particular procedures which would constitute the
practice of barbering or cosmetology; (2) commissioned officers
in the military service, or their attendants, when engaged in
the actual performance of their official duties; (3) persons
employed in the movie, television, theatrical, or radio
business; (4) persons not receiving compensation and done
outside of a licensed establishment; (5) persons who are
demonstrating, recommending or selling hair, skin or nail
products; and (6) students performing services on the public
while enrolled in an approved school.
BBC ensures that applicants for licensure have completed the
necessary training and passed the written and practical (hands
on) components of an examination. Examinations require that the
individual demonstrate that they possess the knowledge and
skills required to perform within the scope of their discipline
while protecting the public's health and safety.
Estheticians have been licensed in California since 1978.
According to BBC, 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, or upper part of the human body
(shoulders and up) by use of cosmetic preparations, antiseptics,
tonics, lotions or creams. There are at least 60,000 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 or have practiced
skin care for a specified period of time, and pass a written and
practical examination. Esthetician licenses are renewed every
other year 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Unknown one-time costs, likely less than $150,000, to adopt
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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 BBC, any additional enforcement costs will be
minor and absorbable. (Barbering and Cosmetology Contingent
Fund)
Unknown fee revenues related to certification of master
estheticians. Fee revenues depend upon the number of
applicants and the level of fees established by BBC.
(Barbering and Cosmetology Contingent Fund)
SUPPORT : (Verified 8/12/14)
Coalition for Advanced Skincare and Education (source)
Milan Institute of Cosmetology
Pivot Point International
Professional Beauty Federation of California
Skin Inc. Magazine
Spa Remedies LLC
OPPOSITION : (Verified 8/12/14)
California Society of Dermatology and Dermatologic Surgery
ARGUMENTS IN SUPPORT : According to the author, the
professional spa industry has significantly gown in California
since the inception of the esthetician licensing program. The
author asserts that "numerous California doctors and
dermatologists have added estheticians to their staff to elevate
serve offerings to clients. In fact, clients regularly visit
their offices for esthetic services, and, with the expert
consultation of an esthetician, they are referred to the doctor
for advanced medical services that the nurses and doctors
perform." The author adds that "both medi-spas and luxury spas
expect their estheticians to be educated in a variety of
specialized services and procedures."
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ARGUMENTS IN OPPOSITION : No letter on file.
ASSEMBLY FLOOR : 72-2, 1/27/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Medina,
Mullin, Muratsuchi, Nazarian, Olsen, Pan, Patterson, Perea,
Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, John A. Pérez
NOES: Donnelly, Morrell
NO VOTE RECORDED: Gray, Logue, Mansoor, Melendez, Nestande, V.
Manuel Pérez
MW:d:n 8/12/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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