Today's Law As Amended


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AB-2412 Healing arts: California Body Contouring Council: practitioners.(2023-2024)



As Amends the Law Today


SECTION 1.

 Chapter 10.8 (commencing with Section 4660) is added to Division 2 of the Business and Professions Code, to read:

CHAPTER  10.8. California Body Contouring Practitioner Act
4660.
 This chapter shall be known, and may be cited, as the California Body Contouring Practitioner Act.
4660.1.
 (a) The Legislature finds and declares all of the following:
(1) More than 1,000,000 people from all segments of society perform body contouring treatments to willing consumers in California and throughout the world.
(2) Currently, there is no official training, vetting, scope of practice, agency, establishment, registry, or system, and no accountability, for a person who performs body contouring treatment. Therefore, persons engaging in this type of service are using techniques that they have learned via demonstrations on the internet, YouTube, Instagram, or Facebook, or from other practitioners.
(3) Aspiring body contourists seek training from persons who claim to be experts in the field. This training can range in price from $1,500 to $2,500, or more for online or in-person instruction. Many Californians are paying for this type of training because no official training exists. Because there is no official training or defined scope of practice, persons who wish to perform these procedures are confused, and often misinformed, about what equipment or applications they can safely and effectively use. Without clear, lawfully approved training, a place to make official inquiries, ongoing education, and a process for receipt and investigation of consumer complaints, these individuals are operating without a scope of practice or accountability through no fault of their own.
(b) By offering a standard, physician-approved curriculum, it is the intent of the Legislature that the California Body Contouring Council will eliminate price gouging affecting persons seeking to learn how to perform body contouring and ensure that those persons are sufficiently trained. It is the intent of the Legislature that training curriculum be developed, approved, and overseen by an advisory board.
(c) It is the intent of the Legislature that the California Body Contouring Council embrace this new, growing industry by providing consumer safety and specialized, all-inclusive training to ensure both clients and body contourists are working in harmony for an in-demand and marketable vocation.
(d) Job creation faces many barriers. It is the intent of the Legislature that the California Body Contouring Council recognize this dilemma and provide an innovative model of education, implementation, training, a clear scope of practice, and accountability.
4660.3.
 As used in this chapter, the following definitions apply:
(a) “Body contouring” means noninvasive, nonmedical treatment intended to shape or contour the fatty areas of the body using wooden or metal tools, enzyme-based scrubs or wraps, sauna blankets, or light-emitting diodes.
(b) “California Certified and Permitted Body Contouring Practitioner,” “Certified and Permitted Body Contouring Practitioner,” or “practitioner” means a person who is permitted to operate as a Certified and Permitted Body Contouring Practitioner pursuant to this chapter and who has undergone education, training, certification, and permitting as specified in this chapter.
(c) “Council” means the California Body Contouring Council.
4660.5.
 (a) The use of needles, injections, lasers, radio frequency, cavitation, electrical muscle stimulation, or any medical machine or medical instrument by a practitioner is explicitly prohibited by this chapter unless otherwise permitted pursuant to another provision of law.
(b) This chapter does not authorize a practitioner to diagnose illness or to assist or guarantee weight loss through the practice of body contouring.
4660.7.
 (a) The California Body Contouring Council is hereby established and shall carry out the responsibilities and duties set forth in this chapter.
(b) Protection of the public shall be the highest priority of the council in exercising its certification and disciplinary authority, and any of its other functions. If the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
(c) The council may take any reasonable action necessary to carry out the responsibilities and duties set forth in this chapter, including, but not limited to, hiring staff, contracting, and developing policies, procedures, rules, and bylaws to implement this chapter.
(d) The council may require background checks for all employees, contractors, volunteers, and board members as a condition of their employment, formation of a contractual relationship, or participation in council activities.
(e) The council shall issue all of the following:
(1) Certificates of completion to individuals who have successfully completed the educational course in the practice of body contouring described in Section 4660.11.
(2) Numbered permits to be a California Certified and Permitted Body Contouring Practitioner and to perform services within the designated legal scope of practice to individuals who have satisfied the requirements described in Section 4660.13.
(3) Numbered premises permits to maintain a specified physical location that complies with all health and safety regulations established by the council where body contouring may be practiced by California Certified and Permitted Body Contouring Practitioners who perform services within the designated scope of legal practice. The owner and operator of the premises shall be a California Certified and Permitted Body Contouring Practitioner that has satisfied the requirements described in Section 4660.17.
(4) Numbered mobile permits to maintain a self-contained, self-supporting, enclosed mobile unit that complies with all health and safety regulations established by the council where body contouring may be practiced by California Certified and Permitted Body Contouring Practitioners who perform services within the designated scope of legal practice. The owner and operator of the mobile unit shall be a California Certified and Permitted Body Contouring Practitioner that has satisfied the requirements described in Section 4660.19.
(f) The council may determine whether the information provided to it in connection with certification and permitting is true and correct and meets the requirements of this chapter. If the council has any reason to question whether the information provided by an applicant is true and correct, or meets the requirements of this chapter, the council may make any investigation it deems necessary in order to establish that the information received is accurate and satisfies the criteria established pursuant to this chapter. An applicant shall have the burden to prove that they are entitled to the desired certification or permit.
(g) The meetings of the council shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). The board may adopt additional policies and procedures that provide greater transparency to persons who hold certifications or permits, and members of the public, that is required by the act.
4660.9.
 (a) The council shall be governed by a board of directors, who shall be compensated, as determined by the council, and shall be reimbursed for necessary and reasonable expenses incurred in connection with performing board duties. The board of directors shall be comprised of all of the following:
(1) A president.
(2) A vice president.
(3) A California licensed physician who shall also perform the following functions by serving as all of the following:
(A) The council’s Medical Director.
(B) A professional liaison to the California medical community.
(C) The council’s curriculum adviser.
(4) A California licensed cosmetologist.
(b) The council shall be advised by an advisory board comprised of 14 members who shall represent California’s diverse communities and cultures and shall be selected for their expertise in the fields of medicine, cosmetology, personal services, personal services equipment, curriculum creation, training and education, California state law, and the practice of body contouring. Members of the advisory board shall be selected, as follows:
(1) Each of the following entities shall select one member:
(A) The Department of Consumer Affairs.
(B) The Assembly Business and Professions Committee.
(C) The Senate Business, Professions and Economic Development Committee.
(2) Eleven advisory board members shall be selected by the council.
(c) Members of the advisory board shall serve a term of three years.
4660.11.
 (a) The council shall develop and make available to students on its internet website five online, 40-hour educational modules composing a five-week, 200-hour, physician-approved course in the practice of body contouring. The course shall use narratives, videos, and multiple-choice quizzes, and be offered in multiple languages as determined by the council.
(b) A student shall have five weeks to complete all five educational modules, successfully complete five corresponding module tests, and successfully complete a final, 25-question comprehensive test covering the curriculum in all five modules in order to be eligible to receive certification. A student shall be permitted to review each module, to retake the test for each module, and to retake the final comprehensive examination an unlimited number of times during the five-week period. If a student does not complete the course, does not pass a module test, or does not pass the final comprehensive examination within the five-week period, they shall be required to reregister for, and retake, the course.
(c) The registration fee for the five-week course shall be an amount sufficient to support the functions of the council and to cover the reasonable regulatory cost of administering this chapter, but shall not exceed one hundred twenty-five dollars ($125). This fee shall apply each time a student registers or reregisters for the course. The council may increase the fee no more frequently than every four years based upon the rate of inflation.
(d) The course in body contouring shall include each of the following 40-hour modules:
(1) “Introduction to California body contouring,” which shall include instruction on all of the following topics:
(A) What is California body contouring.
(B) The council’s scope of practice.
(C) The legalities of California body contouring.
(D) The council’s code of ethics and contract for success.
(E) Permitted tools, equipment, and machines.
(2) “Understanding the human body and client safety,” which shall include instruction on all of the following topics:
(A) Anatomy and adipose tissue.
(B) The council’s contraindications, medical history, consent, and precare and postcare.
(C) Body contouring table setup.
(D) Clear, understandable treatment pricing, and length of service.
(E) Demonstration of tools, modalities, and equipment.
(3) “Disinfection and sanitation.”
(4) “Client treatment and safety,” which shall include instruction on all of the following topics:
(A) Emergency protocols in the treatment room.
(B) Mandatory client recordkeeping and incident reporting.
(C) Use of hands-only cardiopulmonary resuscitation, the Heimlich maneuver, epinephrine auto-injectors, and automated external defibrillators.
(D) Division of Occupational Safety and Health (OSHA) Bloodborne Pathogen Training.
(5) “California business setup and laws,” which shall include instruction on all of the following:
(A) Sole proprietor, limited liability company, or corporation.
(B) Paying taxes and the Franchise Tax Board.
(C) Doing business in different cities.
(D) Social media legalities.
(E) Using artificial intelligence in your business and integrating artificial intelligence for client communication.
(F) Your business reputation and how to protect it.
(e) The assistance of a translator may be used in order for an applicant who primarily speaks a language other than English to successfully complete the curricula
(f) Successful passage of the final, 25-question comprehensive test covering the curriculum in all five modules shall demonstrate that a student has the requisite knowledge and skill in order to engage in the practice of body contouring. The examination shall be offered in multiple languages in order to accommodate students who primarily speak a language other than English as determined by the council.
(g) A student who successfully completes the course of instruction described in this section shall receive a certificate of completion issued by the council solely for the purpose of qualifying the individual for a permit to practice body contouring pursuant to Section 4660.13. The certificate shall not be transferred, sold, or assigned in any way to any other person or entity for any reason at any time.
(h) The council shall also make available to practitioners via its internet website, in the same manner described in subdivision (a), continuing education short courses in the practice of body contouring covering the topics described in subdivision (d).
4660.13.
 (a) To become a California Certified and Permitted Body Contouring Practitioner, an applicant shall submit a digital application to the council and provide the council with satisfactory evidence that they have met all of the following requirements:
(1) Successful completion of the course in the practice of body contouring described in Section 4660.11, evidenced by a certificate of completion issued by the council.
(2) Evidence of Live Scan fingerprint clearance that does not report charges of felony rape or domestic abuse.
(3) The applicant is 18 years of age or older.
(b) The initial fee for a permit to practice body contouring shall be an amount sufficient to cover the reasonable regulatory cost of administering this chapter and supporting the functions of the council, but shall not exceed four hundred ninety-five dollars ($495). The council may increase the fee no more frequently than every four years based upon the rate of inflation.
(c) A permit to practice body contouring shall be subject to renewal each year. The fee to renew a permit to practice body contouring shall be an amount sufficient to cover the reasonable cost of administering this chapter and supporting the functions of the council, but shall not exceed two hundred ninety-five dollars ($295). The council may increase the fee no more frequently than every four years based upon the rate of inflation. The council may provide for late renewal. If a permit is not renewed annually within one year of the date of its initial issuance, a twenty-five-dollar ($25) penalty shall be charged for every month that it is not renewed.
(d) In order to renew a permit to practice body contouring, a practitioner shall provide the council evidence of successful completion of a continuing education short course, offered by the council pursuant to Section 4660.11, covering one topic of their choice.
(e) A permit shall not be transferred, sold, or assigned in any way to any other person or entity for any reason at any time.
4660.15.
 (a) A California Certified and Permitted Body Contouring Practitioner shall do all of the following:
(1) Complete the annual continuing education requirement described in Section 4660.13.
(2) Submit to inspection and investigation by the council at both random and predetermined times.
(3) Possess a working, cellular smartphone with them when they are performing body contouring.
(4) Clearly display any consumer protection notices mandated by the council at the location where body contouring is performed for compensation.
(5) Clearly display an active establishment permit or mobile permit, if applicable, and their individual practitioner permit at the location where body contouring is performed for compensation.
(6) Adhere to the ethical standards prescribed by the council and not exceed the legal scope of their permit.
(b) The council shall have the authority to determine disciplinary actions that may include nonrenewal of a permit and revocation of an existing permit due to noncompliance with the provisions of this chapter or the rules and regulations established by the council.
4660.17.
 (a) An individual who is a Certified and Permitted Body Contouring Practitioner may apply to the council for a premises permit authorizing the practice of body contouring at a specified physical location that complies with all health and safety regulations established by the council.
(b) A premises permit shall be subject to renewal each year.
(c) The holder of a premises permit shall do all of the following:
(1) Submit to inspection and investigation by the council at both random and predetermined times.
(2) Maintain a working, cellular smartphone on the premises during business hours.
(3) Clearly display any consumer protection notices mandated by the council at the premises.
(4) Clearly display the permit at the premises.
(5) Adhere to the ethical standards prescribed by the council and not exceed the legal scope of the permit.
(d) A permit shall not be transferred, sold, or assigned in any way to any other person or entity for any reason at any time.
(e) The council shall have the authority to determine disciplinary actions that can include nonrenewal of a permit and revocation of an existing permit due to noncompliance with this chapter or the rules and regulations established by the council.
4660.19.
 (a) An individual who is a Certified and Permitted Body Contouring Practitioner may apply to the council for a mobile permit authorizing the practice of body contouring within a self-contained, self-supporting, enclosed mobile unit that complies with all health and safety regulations established by the council.
(b) A premises permit shall be subject to renewal each year.
(c) The holder of a premises permit shall do all of the following:
(1) Submit to inspection and investigation by the council at both random and predetermined times.
(2) Maintain a working, cellular smartphone within the mobile unit during business hours.
(3) Clearly display any consumer protection notices mandated by the council within the mobile unit.
(4) Clearly display the permit within the mobile unit.
(5) Adhere to the ethical standards prescribed by the council and not exceed the legal scope of the permit.
(d) A permit shall not be transferred, sold, or assigned in any way to any other person or entity for any reason at any time.
(e) The council shall have the authority to determine disciplinary actions that may include nonrenewal of a permit and revocation of an existing permit due to noncompliance with this chapter or the rules and regulations established by the council.
4660.21.
 (a) It is unlawful for any person to state or advertise or put out any sign or card or other device, or to falsely represent to the public through any print or electronic media that they or any other individual is a California Certified and Permitted Body Contouring Practitioner, or is certified, permitted, licensed, or registered by a governmental agency as a body contouring practitioner, sculptor, or specialist.
(b) In addition to any other available remedies, engaging in any of the prohibited behaviors described in subdivision (a) constitutes unfair competition pursuant to Section 17200.
4660.23.
 The council shall maintain an internet website for purposes of providing information to the public about the council and California Certified and Permitted Body Contouring Practitioners that does all of the following:
(a) Provides consumers access to a council email address for filing complaints related to a practitioner and that facilitates submission of digital images in connection with a complaint.
(b) Provides a clear and direct message to the consumer about the legal scope of practice for California Certified and Permitted Body Contouring Practitioners.
(c) Displays the council’s code of ethics and scope of legal practice for California Certified and Permitted Body Contouring Practitioners.
(d) Maintains a free registry for consumers and employers to search for California Certified and Permitted Body Contouring Practitioners and businesses that have a premises permit for the practice of body contouring.
(e) Makes available to students and practitioners the educational courses described in Section 4660.11.
(f) Makes available free, voluntary continuing education classes for body contouring practitioners.
(g)  Maintains a free listing service for employers that hold a premises permit to post available jobs for California Certified Body Contouring Practitioners and for spaces, shops, and rooms to rent or to share where body contouring may be practiced.