Today's Law As Amended


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SB-999 Barbering and cosmetology.(2017-2018)



As Amends the Law Today


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  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 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) (c)  Tinting and perming of the eyelashes and brows, or applying eyelashes to any person. Within the practice of cosmetology, there exist the specialty branches of skin care and nail care. 
(c) (1)  The practice of skin  Skin  care is all or any combination any one or more  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) (A)  Removing  Giving facials, applying makeup, giving skin care, 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. depilatories, 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.
(d) (2)  The practice of nail care is all or a combination of  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.
(e) (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.
(4) (A) The practices of arranging, beautifying, cleansing, curling, dressing, shampooing, or waving the hair of any person.
(B) A person who engages in the practices specified in subparagraph (A) at an establishment shall provide notice to consumers of his or her licensure status.
(f) (e)  Notwithstanding paragraph (2) of subdivision (e), (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.
(g) (f)  (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) The practice of hairstyling is all or any combination of the following:
(1) Styling of all textures of hair by standard methods that are current at the time of the hairstyling.
(2) Arranging, blow drying, cleansing, curling, cutting, dressing, shampooing, waving, or nonchemically straightening the hair of any person using both electrical and nonelectrical devices.
(3) Massaging, cleaning, or stimulating the scalp, face, and neck by means of the hands, devices, apparatus, or appliances with or without the use of cosmetic preparations, antiseptics, lotions, or creams.
SEC. 2.
 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.