Bill Text: CA AB1153 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 1153	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2013

INTRODUCED BY   Assembly Member Eggman
   (Coauthor: Senator Wyland)

                        FEBRUARY 22, 2013

   An act to amend Sections  7324 and 7364 of  
7   324, 7364, 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.  Esthetician: advanced skin
care course.   Master esthetician: license. 
   Existing  law requires an applicant for an esthetician
license to meet certain educational requirements and authorizes the
State Board of Barbering and Cosmetology to approve schools that are
licensed by the Bureau for Private Postsecondary and Vocational
Education, or a public school in this state, and that provide a
course of instruction approved by the board. A skin care course
established by a school consists of not less than 600 hours of
practical training and technical instruction in accordance with a
curriculum established by board regulation.   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
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 board. A violation of the act is a crime, unless
otherwise provided. 
   This  bill would provide for the licensure and regulation of
master estheticians. The bill would require an applicant for a master
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 a 1,200-hour
advanced skin care course approved by the board. The  bill would
 allow a school to establish   provide that
 an advanced skin care course shall consist  of not
less than  600   1,200  hours of practical
training and technical instruction in accordance with a curriculum
established by board regulation.  The advanced skin care
course would not be a requirement of obtaining an esthetician
license.   This bill would also prohibit a person who is
not licensed as a master esthetician from representing himself or
herself as a master esthetician. 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:  no  yes  .



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 7320.6 is added to the 
 Business and Professions Code   , to read:  
   7320.6.  Persons who are not licensed as master estheticians in
this state shall not represent themselves as a master esthetician.

   SECTION 1.   SEC. 2.   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,   care 
any person who has made application to the board in proper 
form,   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  in the public schools of
this state  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 subdivision
(a) of 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. 3.    Section 7324.5 is added to the  
Business and Professions Code   , to read:  
   7324.5.  The board shall admit to examination for a license as a
master esthetician to practice advanced 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 at least one of the following:
   (1) Completed a course in advanced skin care as described in
subdivision (b) of Section 7364, from a school approved by the board.

   (2) Earned a national or international diploma or certification in
advanced or master esthetics that is recognized by the board.
   (3) Holds a current esthetician's license pursuant to Section 7324
and either:
   (A) Provides satisfactory evidence that he or she has worked as an
esthetician for a minimum of 2,000 client contact hours, at least
500 hours of which consisted of supervised, advanced skin care
treatments.
   (B) Has completed continuing education coursework in advanced skin
care that complies with requirements established by the board and
demonstrated that he or she has worked as a master esthetician for a
period of time established by the board prior to the effective date
of the act that added this section. 
   SEC. 2.   SEC. 4.   Section 7364 of the
Business and Professions Code is amended to read:
   7364.  (a) A skin care course established by a school shall
consist of not less than 600 hours of practical training and
technical instruction in accordance with a curriculum established by
board regulation.
   (b) An advanced skin care course established by a school shall
consist of not less than  600 additional   1,200
 hours of practical training and technical instruction in
accordance with a curriculum established by board regulation. The
advanced skin care course is not a requirement of obtaining an
esthetician license.
   SEC. 5.    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  or master esthetician 
application and examination fee shall be the actual cost to the board
for developing, purchasing, grading, and administering the
examination.
   (2) An esthetician  or master esthetician  initial
license 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 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. 6.    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.