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SB-296 Barbering and cosmetology: nail care: superfluous hair removal.(2017-2018)

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Date Published: 04/17/2017 02:46 PM
SB296:v98#DOCUMENT

Amended  IN  Senate  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 296


Introduced by Senator Nguyen

February 13, 2017


An act to amend Section 7401 7316 of the Business and Professions Code, relating to barbering and cosmetology.


LEGISLATIVE COUNSEL'S DIGEST


SB 296, as amended, Nguyen. Barbering and cosmetology. cosmetology: nail care: superfluous hair removal.
The Barbering and Cosmetology Act provides for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices by the State Board of Barbering and Cosmetology, which is within the Department of Consumer Affairs. Existing law requires a licensee, at the time of license renewal, to report certain information to the board, including whether he or she is an employee, an independent contractor, a booth renter, or a salon owner. defines nail care as the practice of cutting, trimming, polishing, coloring, tinting, cleansing, manicuring, or pedicuring the nails of any person or massaging, cleaning, or beautifying from the elbow to the fingertips or the knee to the toes. Existing law requires an applicant for a license as a manicurist to meet certain criteria, including that he or she has completed a course in nail care from a school approved by the board.
This bill would make nonsubstantive changes to these provisions. additionally define nail care as removing superfluous hair from the lip, eyebrows, the elbow to fingertips, or knees to toes by the use of tweezers or waxing. The bill would authorize a licensee as a manicurist to remove superfluous hair only if he or she meets specified educational requirements. The bill would require the board to determine, by regulation, the required number of hours to be added to the existing manicuring curriculum that will allow sufficient training in the practice of superfluous hair removal and would require an approved school to add the required number of training hours to the school’s curriculum for any course in manicuring by a specified date.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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, or dyeing the hair or applying hair tonics.
(4) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to 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 tweezers, or waxing, or applying eyelashes to any person.
(B) Beautifying the face, neck, arms, or upper part of the human body, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams.
(C) 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) (A) Nail care is the is both of the following:
(i) 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.
(ii) The removing of superfluous hair from the lip, eyebrows, the elbow to the fingertips, or knees to the toes of any person. An individual who is licensed by the board as a manicurist shall only be authorized to remove superfluous hair if he or she has met the educational requirements required by the board pursuant to subparagraph (C).
(B) An individual who is licensed by the board as a manicurist who desires to perform the removal of superfluous hair, as described in clause (ii) of subparagraph (A), and who has not obtained the required number of hours of education on the removal of superfluous hair required by the board, pursuant to subparagraph (C), shall obtain the required additional education prior to performing the removal of superfluous hair, as described in clause (ii) of subparagraph (A), and shall submit proof of the completion of the required education to the board. Upon completion of the required education, the licensee shall be required to take and pass an examination.
(C) The board shall determine, by regulation, the required number of hours to be added to the existing manicuring curriculum that will allow for sufficient training in the practice of superfluous hair removal, which shall include removing superfluous hair from the lip, eyebrows, the elbows to the fingertips, and knees to toes by the use of tweezers or waxing. A licensee described in subparagraph (B) shall be required to complete the required hours of training under this subparagraph consistent with the requirements of subparagraph (B).
(D) On and after ____, an approved school shall add the required number of hours in subparagraph (C) to the school’s curriculum for any course in manicuring.
(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.

SECTION 1.Section 7401 of the Business and Professions Code is amended to read:
7401.

(a)An individual licensed pursuant to Section 7396 shall, at the time of license renewal, report to the board his or her practice status, designated as one of the following:

(1)Full-time practice in California.

(2)Full-time practice outside of California.

(3)Part-time practice in California.

(4)Not working in the industry.

(5)Retired.

(6)Other practice status, as may be further defined by the board.

(b)An individual licensed pursuant to Section 7396 shall, at the time of license renewal, identify himself or herself on the application as one of the following:

(1)Employee.

(2)Independent contractor or booth renter.

(3)Salon owner.

(c)An individual licensed pursuant to Section 7347 shall, at the time of license renewal, report to the board whether either of the following is applicable to him or her:

(1)He or she has a booth renter operating in the establishment.

(2)He or she has an independent contractor operating in the establishment.