Barbering and cosmetology., the official text

An act to amend Sections 7316, 7389.5, and 7423 of, and to repeal Sections 7322 and 7363 of, the Business and Professions Code, relating to professions.

LEGISLATIVE COUNSEL'S DIGEST

The Barbering and Cosmetology Act provides for the licensure and regulation of the practice of barbering, cosmetology, and hairstyling by the State Board of Barbering and Cosmetology and makes liable for a misdemeanor a person, firm, association, or corporation that violates the act unless a specific penalty is otherwise provided. The act requires the board to admit to examination for a license as a hairstylist to practice hairstyling a person who has made application to the board in proper form, paid the fee required by the act, and meets certain qualifications, including that the person completed a course in hairstyling from a school approved by the board.
This bill would repeal those provisions relating to the license as a hairstylist and would make conforming changes.
The act also includes in the practice of barbering certain practices, including shampooing, arranging, dressing, curling, and waving and also the practice of hairstyling of all textures of hair by standard methods that are current at the time of the hairstyling. The act includes in the practice of cosmetology certain practices, including arranging, dressing, curling, waving, cleansing, shampooing, beautifying, or otherwise treating the hair of a person.
This bill would remove the practices described above from inclusion in the practices of barbering and cosmetology, respectively. The bill would require a person who engages in the practices of arranging, beautifying, cleansing, curling, dressing, shampooing, or waving the hair of a person at an establishment to provide notice to consumers of the person’s licensure status. By expanding the scope of the crime of violating the act, 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.

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, chemical waving, hair relaxing, or dyeing the hair or applying hair tonics.
(4) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, or neck.
(b) The practice of cosmetology is all or any combination of the following practices:
(1) Machineless permanent waving, permanent waving, cutting, relaxing, singeing, bleaching, tinting, coloring, straightening, dyeing, applying hair tonics to, 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.
(7) Tinting and perming of the eyelashes and brows, or applying eyelashes to any person.
(c) The practice of skin care is all or any combination of the following practices:
(1) Giving facials, massaging, stimulating, exfoliating, cleansing, or beautifying the face, scalp, neck, hands, arms, feet, legs, or upper part of the human body by the use of hands, esthetic devices, cosmetic products, antiseptics, lotions, tonics, or creams for the purpose of improving the appearance or well-being of the skin that do not result in the ablation or destruction of the live tissue.
(2) Tinting and perming of the eyelashes and brows, or applying eyelashes to any person.
(3) Removing superfluous hair from the body of any person by use of depilatories, tweezers, sugaring, nonprescription chemical, or waxing, or by the use of devices and appliances of any kind or description, except by the use of lasers or light waves, which are commonly known as rays.
(d) The practice of nail care is all or a combination of 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.
(e) 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.
(3) Threading.
(4) (A) The practices of arranging, beautifying, cleansing, curling, dressing, shampooing, or waving the hair of a person.
(B) A person who engages in the practices specified in subparagraph (A) at an establishment shall provide notice to consumers of the person’s licensure status.
(f) Notwithstanding paragraph (2) of subdivision (e), a person who engages in natural hairstyling 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.
(g) (1) Electrolysis is the practice of removing hair from, or destroying hair on, the human body by the use of an electric needle only.
(2) “Electrolysis” as used in this chapter includes electrolysis or thermolysis.
(h) As used in this section:
(1) “Natural hair braiding” means 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.
(2) “Natural hairstyling” means the provision of natural hair braiding services together with any of the services or procedures defined within the regulated practices of barbering or cosmetology.
(3) “Threading” means 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.

SEC. 2.
Section 7322 of the Business and Professions Code is repealed.

SEC. 3.
Section 7363 of the Business and Professions Code is repealed.

SEC. 4.
Section 7389.5 of the Business and Professions Code is amended to read:
7389.5.
A course of training in barbering or cosmetology established by federal or state correctional institutions in California may qualify a person thereby trained to take the examination for licensure as a barber or cosmetologist if the course complies with all applicable provisions of this chapter and the regulations adopted pursuant thereto.

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 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).
(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.

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.