Bill Text: CA AB1153 | 2013-2014 | Regular Session | Amended
Bill Title: Barbering and cosmetology.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2014-08-21 - Ordered to inactive file at the request of Senator Corbett. [AB1153 Detail]
Download: California-2013-AB1153-Amended.html
BILL NUMBER: AB 1153 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 6, 2014
AMENDED IN SENATE AUGUST 4, 2014
AMENDED IN SENATE JUNE 30, 2014
AMENDED IN SENATE JUNE 16, 2014
AMENDED IN ASSEMBLY JANUARY 6, 2014
AMENDED IN ASSEMBLY SEPTEMBER 11, 2013
AMENDED IN ASSEMBLY APRIL 16, 2013
INTRODUCED BY Assembly Member Eggman
(Coauthor: Senator Wyland)
FEBRUARY 22, 2013
An act to amend Sections 7312, 7316, 7320, and
7324 , and 7423 of, and to add Sections 7320.6 and 7324.5
to, the Business and Professions Code, relating to barbering and
cosmetology.
LEGISLATIVE COUNSEL'S DIGEST
AB 1153, as amended, Eggman. Barbering and cosmetology.
Existing law, the Barbering and Cosmetology Act, provides for the
licensure and regulation of barbers and cosmetologists, including the
practice of skin care by licensed estheticians, by the State Board
of Barbering and Cosmetology in the Department of Consumer Affairs.
The act defines skin care and 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, as specified. A violation of the act
is a crime, unless otherwise provided.
This bill would modify the practice of cosmetology by including
the practice of giving facials, the use of esthetic devices, as
defined, and performing superficial exfoliation, and would modify the
practice of skin care, by including the use of esthetic devices, as
defined, and performing superficial exfoliation for these purposes.
The bill would require the State Board of Barbering and
Cosmetology board to recognize the advanced
practice of esthetic by certifying a master esthetician who has
completed a 1,200-hour board-approved program in advanced
esthetics, but an individual enrolling in a master esthetician course
who has completed the 600-hour esthetician course from a
board-approved school would only be required to obtain the additional
600 hours of practical and technical training not received in the
initial 600-hour esthetician course. The bill would make it an unfair
business practice for any person to hold oneself out or use the
title "master esthetician" or any other specified term that implies
or suggests that the person is certified as a master esthetician
without meeting the certification requirements. The bill would also
prohibit a person who is not licensed as an esthetician from
representing himself or herself as an esthetician. The bill would
also clarify that the prohibition on those licensed to engage in
barbering, cosmetology, skin care, nail care, and electrolysis to
practice medicine or surgery would include, but not be limited to,
the use of radiographs, the furnishing of drugs or invasive devices,
supervising medical personnel, or diagnosing injury, illness, or
disease. Because a violation of these provisions would be a crime,
the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7312 of the Business and Professions Code is
amended to read:
7312. The board shall do all of the following:
(a) Make rules and regulations in aid or furtherance of this
chapter in accordance with the Administrative Procedure Act.
(b) Conduct and administer examinations of applicants for
licensure.
(c) Issue licenses to those applicants that may be entitled
thereto, and encourage those licensees to continue to develop their
skills in the appropriate application and use of evolving industry
techniques, products, and equipment by recognizing industry
certifications. certifications that meet
appropriate standards approved by the board.
(d) Discipline persons who have been determined to be in violation
of this chapter or the regulations adopted pursuant to this chapter.
(e) Adopt rules governing sanitary conditions and precautions to
be employed as are reasonably necessary to protect the public health
and safety in establishments, schools approved by the board, and in
the practice of any profession provided for in this chapter. The
rules shall be adopted in accordance with the Administrative
Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, and shall be
submitted to the State Department of Health Services and approved by
that department prior to filing with the Secretary of State. A
written copy of all those rules shall be furnished to each licensee.
SEC. 2. Section 7316 of the Business and Professions Code is
amended to read:
7316. (a) The practice of barbering is all or any combination of
the following practices:
(1) Shaving or trimming the beard or cutting the hair.
(2) Giving facial and scalp massages or treatments with oils,
creams, lotions, or other preparations either by hand or mechanical
appliances.
(3) Singeing, shampooing, arranging, dressing, curling, waving,
chemical waving, hair relaxing, dyeing the hair, or applying hair
tonics.
(4) Applying cosmetic preparations, antiseptics, powders, oils,
clays, or lotions to the scalp, face, or neck.
(5) Hairstyling of all textures of hair by standard methods that
are current at the time of the hairstyling.
(b) The practice of cosmetology is all or any combination of the
following practices:
(1) Arranging, dressing, curling, waving, machineless permanent
waving, permanent waving, cleansing, cutting, shampooing, relaxing,
singeing, bleaching, tinting, coloring, straightening, dyeing,
applying hair tonics to, beautifying, or otherwise treating by any
means, the hair of any person.
(2) Giving facials or the practice of massaging, stimulating,
exfoliating, cleansing, or beautifying the face, scalp, neck, or body
by use of hands, esthetic devices, cosmetic preparations,
antiseptics, lotions, tonics, or creams.
creams that do not result in ablating or destroying live tissue.
(A) Esthetic devices include, but are not limited to, steamers,
mechanical brushes, high frequency, galvanic current, vacuum and
spray, light emitting diode (LED), and skin analysis equipment.
(B) Esthetic devices shall be operated in accordance with the
manufacturer's written instructions. The devices shall be intended
for improving the appearance of the skin and shall be
operated within the following guidelines: not be
designed to ablate or destroy live tissue.
(i) Noninvasive, pursuant to United States Food and Drug
Administration guidelines.
(ii) Not designed to ablate or destroy live tissue.
(3) Performing superficial exfoliation procedures on the
top layer of the skin (stratum corneum) nonliving
upmost layers of the skin, known as the epidermis, on the face
and body using commercially available products, in accordance with
the manufacturer's written instructions, including, but not limited
to, all of the following:
(A) Manual scrubs, including mechanical brush use, which includes
application of a cosmetic product with mild abrasive ingredients that
remove dead skin cells.
(B) Superficial chemical exfoliation of the stratum
corneum. epidermis.
(C) Enzyme or herbal exfoliation of the stratum corneum.
epidermis.
(D) 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.
(E) Mechanical exfoliation devices such as microdermabrasion.
(4) Removing superfluous hair from the body of any person by the
use of tweezers, sugaring, nonprescription chemicals, waxing, or
mechanical means.
(5) Applying makeup or eyelashes to any person.
(6) Cutting, trimming, polishing, tinting, coloring, cleansing, or
manicuring the nails of any person.
(7) Massaging, cleansing, treating, or beautifying the hands or
feet of any person.
(c) Within the practice of cosmetology there exist the specialty
branches of skin care and nail care.
(1) Skin care is any one or more of the following practices:
(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, cosmetic preparations,
antiseptics, lotions, tonics, or creams that does not result in
ablating or destroying live tissue.
(i) Esthetic devices include, but are not limited to, steamers,
mechanical brushes, high frequency, galvanic current, vacuum and
spray, light emitting diode (LED), and skin analysis equipment.
(ii) Esthetic devices shall be operated in accordance with the
manufacturer's written instructions. The devices shall be intended
for improving the appearance of the skin and shall be
operated within the following guidelines: not be
designed to ablate or destroy live tissue.
(I) Noninvasive, pursuant to United States Food and Drug
Administration guidelines.
(II) Not designed to ablate or destroy live tissue.
(B) Performing superficial exfoliation procedures on the
top layer of the skin (stratum corneum) nonliving
upmost layers of the skin, known as the epidermis, on the face
and body 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 stratum
corneum. epidermis.
(iii) Enzymes or herbal exfoliation of the stratum
corneum. epidermis.
(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.
(v) Mechanical exfoliation devices such as microdermabrasion.
(C) Removing superfluous hair from the body of any person by the
use of tweezers, sugaring, chemicals, waxing, or mechanical means.
(D) Applying makeup or eyelashes to any person.
(2) Nail care is the practice of cutting, trimming, polishing,
coloring, tinting, cleansing, manicuring, or pedicuring the nails of
any person or massaging, cleansing, or beautifying from the elbow to
the fingertips or the knee to the toes of any person.
(d) The practice of barbering and the practice of cosmetology do
not include any of the following:
(1) The mere sale, fitting, or styling of wigs or hairpieces.
(2) Natural hair braiding. Natural hair braiding is a service that
results in tension on hair strands or roots by twisting, wrapping,
weaving, extending, locking, or braiding by hand or mechanical
device, provided that the service does not include haircutting or the
application of dyes, reactive chemicals, or other preparations to
alter the color of the hair or to straighten, curl, or alter the
structure of the hair.
(3) Threading. Threading is a technique that results in removing
hair by twisting thread around unwanted hair and pulling it from the
skin and the incidental trimming of eyebrow hair.
(e) Notwithstanding paragraph (2) of subdivision (d), a person who
engages in natural hairstyling, which is defined as the provision of
natural hair braiding services together with any of the services or
procedures defined within the regulated practices of barbering or
cosmetology, is subject to regulation pursuant to this chapter and
shall obtain and maintain a barbering or cosmetology license as
applicable to the services respectively offered or performed.
(f) Electrolysis is the practice of removing hair from, or
destroying hair on, the human body by the use of an electric needle
only.
"Electrolysis" as used in this chapter includes electrolysis or
thermolysis.
(g) Nothing in this section shall be interpreted to allow a
licensee to use lasers.
SEC. 3. Section 7320 of the Business and Professions Code is
amended to read:
7320. This chapter does 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.
SEC. 4. Section 7320.6 is added to the Business and Professions
Code, to read:
7320.6. A person who is not licensed as an esthetician in this
state shall not represent himself or herself as an esthetician.
SEC. 5. Section 7324 of the Business and Professions Code is
amended to read:
7324. The board shall admit to examination for a license as an
esthetician to practice skin care any person who has made application
to the board in proper form and paid the application and examination
fee required by this chapter, 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 pursuant to Section 480.
(d) Has done any of the following:
(1) Completed a course in skin care, as described in Section 7364,
from a school approved by the board.
(2) Practiced skin care, as defined in this chapter, outside of
this state for a period of time equivalent to the study and training
of a qualified person who has completed a course in skin care from a
school the curriculum of which complied with requirements adopted by
the board. Each three months of practice shall be deemed the
equivalent of 100 hours of training for qualification under paragraph
(1).
(3) Completed the apprenticeship program in skin care specified in
Article 4 (commencing with Section 7332).
SEC. 6. Section 7324.5 is added to the Business and Professions
Code, to read:
7324.5. (a) The board shall recognize the advanced practice of
esthetics by certifying a master esthetician who has completed a
1,200-hour board-approved program in advanced esthetics.
An individual enrolling in a 1,200-hour master esthetician course who
has completed the 600-hour esthetician course from a board-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. The additional practical and technical
training shall be approved by the board.
(b) 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 in subdivision (a).
SEC. 7. Section 7423 of the Business
and Professions Code is amended to read:
7423. The amounts of the fees required by this chapter relating
to licenses for individual practitioners are as follows:
(a) (1) Cosmetologist application and examination fee shall be the
actual cost to the board for developing, purchasing, grading, and
administering the examination.
(2) A cosmetologist initial license fee shall not be more than
fifty dollars ($50).
(b) (1) An esthetician application and examination fee shall be
the actual cost to the board for developing, purchasing, grading, and
administering the examination.
(2) An esthetician initial license fee shall not be more than
forty dollars ($40).
(3) A master esthetician certification fee shall not be more than
forty dollars ($40).
(c) (1) A manicurist application and examination fee shall be the
actual cost to the board for developing, purchasing, grading, and
administering the examination.
(2) A manicurist initial license fee shall not be more than
thirty-five dollars ($35).
(d) (1) A barber application and examination fee shall be the
actual cost to the board for developing, purchasing, grading, and
administering the examination.
(2) A barber initial license fee shall be not more than fifty
dollars ($50).
(e) (1) An electrologist application and examination fee shall be
the actual cost to the board for developing, purchasing, grading, and
administering the examination.
(2) An electrologist initial license fee shall be not more than
fifty dollars ($50).
(f) An apprentice application and license fee shall be not more
than twenty-five dollars ($25).
(g) The license renewal fee for individual practitioner licenses
that are subject to renewal shall be not more than fifty dollars
($50).
(h) Notwithstanding Section 163.5 163.5,
the license renewal delinquency fee shall be 50 percent of the
renewal fee in effect on the date of renewal.
(i) Any preapplication fee shall be established by the board in an
amount sufficient to cover the costs of processing and
administration of the preapplication.
SEC. 7. SEC. 8. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act 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 XIII
B of the California Constitution.
