Bill Text: CA AB1153 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 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 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 7316, 7320, 7324,7364,7396, and 7423 of, and to add Sections 7320.6and, 7324.5 , and 7364.5 to, the Business and Professions Code, relating to barbering and cosmetology. LEGISLATIVE COUNSEL'S DIGEST AB 1153, as amended, Eggman. Master esthetician: license. 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 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 modify the practice of skin care, including defining "facial" for these purposes. The bill would provide for the licensure and regulation of master estheticians , as defined . 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 provide that an advanced skin care courseshallis required to consist of not less than 1,200 hours of practical training and technical instruction in accordance with a curriculum established by board regulation.ThisThe bill would also prohibit a person who is not licensed as a master esthetician from representing himself or herself as a master 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 extends to 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 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,ordyeing 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) Massaging, cleaning, or stimulating the scalp, face, neck, arms, or upper part of the human body, by means of the hands, devices, apparatus , or appliances, with or without the use of cosmetic preparations, antiseptics, tonics, lotions, or creams. (3) Beautifying the face, neck, arms, or upper part of the human body, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams. (4) Removing superfluous hair from the body of any person by the use of depilatories or by the use of tweezers, chemicals, or preparations or by the use of devices or appliances of any kind or description, except by the use of light waves, commonly known as rays. (5) Cutting, trimming, polishing, tinting, coloring, cleansing, or manicuring the nails of any person. (6) 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, applying makeup, giving skin care, removing superfluous hair from the body of any person by the use of depilatories, tweezers or waxing, or applying eyelashes to any person.(A) Giving facials, which is defined as superficial exfoliation procedures on the top layer of the skin (stratum corneum) 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. (ii) Superficial chemical exfoliation. (iii) Enzymes or herbal exfoliators, or both. (iv) Extraction with a nonneedle extraction tool. (B) Removing superfluous hair from the body of any person by the use of depilatories, tweezers, sugaring, chemicals, waxing, or mechanical means. (C) Applying makeup or eyelashes to any person.(B)(D) Beautifying the face, neck, arms, or upper part of the human body, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams.(C)(E) Massaging, cleaning, or stimulating the face, neck, arms, or upper part of the human body, by means of the hands, devices, apparatus, or appliances, with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams. (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. SEC. 2. Section 7320 of the Business and Professions Code is amended to read: 7320. This chapterconfers nodoes not confer authority to practice medicine or surgery , including diagnosing injury, illness, or disease .SECTION 1.SEC. 3. Section 7320.6 is added to the Business and Professions Code, to read: 7320.6.PersonsA person whoareis not licensed as a masterestheticiansesthetician in this state shall not representthemselveshimself or herself as a master esthetician.SEC. 2.SEC. 4. 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 insubdivision (a) ofSection 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.SEC. 5. Section 7324.5 is added to the Business and Professions Code, to read: 7324.5. (a) 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)(1) Is not less than 17 years of age.(b)(2) Has completed the 10th grade or its equivalent.(c)(3) Is not subject to denial pursuant to Section 480.(d)(4) Has done at least one of the following:(1)(A) Completed a course in advanced skin care as described insubdivision (b) of Section 7364,Section 7364.5 from a school approved by the board.(2)(B) Earned a national or international diploma or certification in advanced or master esthetics that is recognized by the board.(3)(C) Holds a current esthetician's license pursuant to Section 7324 and either:(A)(i) 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)(ii) 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. (b) A licensed master esthetician may perform, in addition to the practice of skin care as defined in paragraph (1) of subdivision (c) of Section 7316, all of the following: (1) 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: (A) Superficial and light chemical exfoliation preparations intended to work within the epidermal layers of the skin. (B) The combination of cosmetic preparations intended for light and superficial exfoliation results. (C) Mechanical exfoliation devices such as microdermabrasion. (D) Manual exfoliation tools intended for safe use on the top layer of the skin (stratum corneum). (2) Services using esthetic devices or the combination of devices on the face and body. These 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 within the following guidelines: (A) Nonprescriptive, pursuant to United States Food and Drug Administration guidelines. (B) Not designed to ablate or destroy live tissue. (3) Extraction techniques using tools, including, but not limited to, both of the following: (A) A needle-like metal extractor tool. (B) A disposable lancet. (4) Advanced facial massage techniques on the upper body, back, scalp, hands, and feet, including, but not limited to, manual lymphatic drainage. (5) Body treatments that use water, appliances, devices, and cosmetic preparations intended to improve the appearance of the skin.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 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. 6. Section 7364.5 is added to the Business and Professions Code , to read: 7364.5. An advanced skin care course established by a school shall consist of not less than 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. 7. Section 7396 of the Business and Professions Code is amended to read: 7396. The form and content of a license issued by the board shall be determined in accordance with Section 164. The license shall prominently state that the holder is licensed as a barber, cosmetologist, esthetician, master esthetician, manicurist, electrologist, or apprentice, and shall contain a photograph of the licensee.SEC. 5.SEC. 8. 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 estheticianor master estheticianapplication and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination. (2) An estheticianor master estheticianinitial license fee shall not be more than forty dollars ($40). (c) (1) A master esthetician application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination. (2) A master esthetician initial license fee shall not be more than forty dollars ($40).(c)(d) (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)(e) (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)(f) (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)(g) An apprentice application and license fee shall be not more than twenty-five dollars ($25).(g)(h) The license renewal fee for individual practitioner licenses that are subject to renewal shall be not more than fifty dollars ($50).(h)(i) 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)(j) 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.SEC. 9. 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.