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

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Date Published: 05/26/2018 04:00 AM
SB999:v96#DOCUMENT

Amended  IN  Senate  May 25, 2018
Amended  IN  Senate  April 19, 2018
Amended  IN  Senate  April 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 999


Introduced by Senator Morrell
(Coauthors: Senators Allen and Roth)
(Coauthor: Assembly Member Kiley)

February 05, 2018


An act to amend Section 7316 of the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


SB 999, as amended, Morrell. Barbering and cosmetology.
Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practice of barbering and cosmetology, which include, among other things, shampooing, arranging, dressing, curling, waiving, waving, and applying hair tonics to, the hair of any person, by the State Board of Barbering and Cosmetology. The act specifies that the practice of cosmetology also includes the practice of cleansing or beautifying the hair of any person and that the practice of barbering also includes the practice of hairstyling all textures of hair by standard methods that are current at the time of the hairstyling. The act makes it unlawful for any person to engage in barbering or cosmetology for compensation or to operate an establishment where barbering or cosmetology is practiced, without a license, and specifies that a violation of this requirement is subject to an administrative fine and may be subject to a misdemeanor. The act also makes it a misdemeanor, punishable as prescribed, for any person, firm, association or corporation to violate the act if no specific penalty is otherwise provided.
This bill would remove the practices of shampooing, arranging, dressing, curling, and waving the hair of any person from the practice of barbering and cosmetology. The bill would remove the practice of hairstyling of all textures of hair by standard methods that are current at the time of the hairstyling from the practice of barbering. The bill would also remove the practice of cleansing or beautifying the hair of any person from the practice of cosmetology. The bill would require a person who engages in practices of arranging, beautifying, cleansing, curling, dressing, shampooing, or waving the hair of any person at an establishment to provide notice to consumers of his or her licensure status. Because the bill would create a new 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   Local Program: NOYES  

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.
(c) Within the practice of cosmetology 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.
(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) 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.
(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.
(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.

 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.