MAKEUP ARTISTS

NOTE: "The language below is a proposal to amend the existing Barbering & Cosmetology Act, as you read it please note that most of the ACT will not be changed. Language we propose to change or add is underlined in black or red."

An act to amend Sections 7301, 7316, 7319, 7332, and 7334 of, and to add Sections 7325, 7364.5, and 7367.5 to, the Business and Professions Code, relating to barbering and cosmetology.

legislative counsel's digest

Voluntary certification: makeup artists.

Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practice of barbering and cosmetology, including the practice of skin care and makeup artistry by licensed estheticians and cosmetologists. Existing law provides that unless working in the entertainment industry only licensed cosmetologist or estheticians may engage in the practice of makeup artistry as a profession for pay. Existing law requires the State Board of Barbering and Cosmetology to administer the act. A violation of the act is a crime. Existing law requires an applicant for an esthetician or cosmetology license to practice skin care or cosmetology respectively to complete an application, pass an examination, pay an application and examination fee, and meet other educational requirements. Existing law also authorizes an applicant for an esthetician or cosmetology license to satisfy those other educational requirements by, among other things, completing an apprenticeship program in which a licensed apprentice learns and acquires knowledge about skin care under the supervision of a board-approved licensee. Existing law generally makes licenses issued by the board subject to biennial renewal and imposes a specified renewal fee.

Makeup artists who are not licensed cosmetologists or estheticians are prohibited by existing law from working in salons, spas, event makeup (such as weddings and proms), or any commercial paid makeup work. This bill would provide for the certification of a makeup artists to provide makeup artistry services in the those areas without having to obtain a cosmetology or esthetician license.. The bill would define the practice of makeup artistry to include, among other things applying makeup for the purpose of beautifying or altering the face, neck, arms, or other parts of the human body, by use of cosmetic preparations, tonics, lotions, creams, powders, prosthetics. lash and brow tinting, the application of false eyelashes, and skin analysis.

The bill would require applicants for a certificate to pay a fee in a specified amount, and would further require that applicants satisfy certain educational requirements, or, alternatively, submit documentation of prior experience or education, as specified. The bill would require that a student who has completed makeup artistry course work from a bureau approved makeup school be granted credit, for identical training required for the purpose of obtaining a cosmetology license or an esthetician license. The bill would also make other conforming changes.

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 7301 of the Business and Professions Code is amended to read:

7301. This chapter constitutes the chapter on hair, skin, makeup artistry, nail care, and electrolysis and may be known and cited as the Barbering and Cosmetology Act.

SEC. 2. 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, and makeup artistry.

1. Skin care is any one or more of the following practices:
   1. 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.
   2. Beautifying the face, neck, arms, or upper part of the human body, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams.
   3. 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.
3. 1. The practice of makeup artistry includes applying makeup for the purpose of beautifying or altering the face, neck, arms, or parts of the human body, by use of cosmetic preparations, tonics, lotions, creams, powders, prosthetics, lash and brow tinting, the application of false eyelashes, and skin analysis. It includes fashion makeup, theatrical makeup, special makeup effects, airbrushing, events makeup (weddings, proms..etc), digital media makeup, corrective makeup and any other application that is consistent with the definition above.
   2. For the purposes of this chapter, "makeup" is defined as a cosmetic substance such as. but not limited to, a cream, lotion, or powder used to color and beautify the face and other parts of the bodv in order to improve, alter, or enhance appearance.
   3. 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. 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.
   5. 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. 3. Section 7319 of the Business and Professions Code is amended to read:

7319. The following persons are exempt from this chapter:

1. All persons authorized by the laws of this state to practice medicine, surgery, dentistry, pharmacy, osteopathic medicine, chiropractic, naturopathy, podiatry, or nursing and acting within the scope of practice for which they are licensed.
2. Commissioned officers of the United States Army, Navy, Air Force, Marine Corps, members of the United States Public Health Service, and attendants attached to those services when engaged in the actual performance of their official duties.
3. Persons employed to render barbering, cosmetology, or electrolysis services in the course of and incidental to the business of employers engaged in the theatrical, radio, television or motion picture production industry.
4. Persons engaged in any practice within its scope when done outside of a licensed establishment, without compensation.
5. Persons engaged in the administration of hair. skin, makeup, or nail products for the exclusive purpose of recommending, demonstrating, or selling those products.
6. Persons who render barbering or cosmetology services in an institutional program during the course of and incidental to the incarceration or confinement of inmates, prisoners, or persons charged with a crime. However, all of the following conditions shall apply:
   1. Those persons shall complete a barbering training course, developed by the Department of Corrections and Rehabilitation and approved by the Department of Consumer Affairs, in the proper care of instruments and the prevention of infectious diseases.
   2. Those persons shall successfully pass an examination, developed and administered by the Department of Corrections and Rehabilitation, on the proper care of instruments and the prevention of infectious diseases.
   3. All barbering facilities located in correctional institutions shall be subject to all appropriate health and safety sanitation standards, as determined by the Department of Corrections and Rehabilitation.

SEC. 4. Section 7325 is added to the Business and Professions Code, to read:

7325. (a) It is the intent of this section to create a certification by the board that allows makeup artists to provide makeup artistry services in a salon, spa, event makeup (weddings, proms..etc,) and other commercial paid work incidental to and part of the practice of makeup artistry without having to obtain a cosmetologist or esthetician license. It also aims to provide consumers with a higher level of safety and protection from unsanitary practices..
(b) The board shall issue a certificate to an applicant who satisfies the requirements of subdivision (c) below and pays the initial certificate fee of not more than forty-five dollars ($45).
(c) In order to obtain a certification as a makeup artist an applicant shall submit an application, in proper form, pay the application fee, and the applicant shall provide the board with satisfactory evidence of the following:

1. That he or she is not less than 17 years of age.
2. That he or she has completed the 10th grade in the public schools of this state or its equivalent.
3. That he or she is not subject to denial pursuant to Section 480.
4. That he or she meets any of the following requirements:
   1. Completed a course in makeup artistry that meets the requirements of Section 7364.5 from a school approved by the Bureau For Private Postsecondary Education.
   2. Completed the apprenticeship program in makeup artistry specified in Article 4 (commencing with Section 7332).
   3. Can provide documentation of at least three years of experience practicing makeup artistry. For the purposes of this subdivision, documentation includes dated tear sheets with the makeup artist's name credited, a valid dated membership with an industry organization, a license from the Bureau for Private Postsecondary Education as a makeup artist instructor, a diploma from a bureau -approved makeup school, or a certificate of experience from a licensed establishment. This subparagraph shall become inoperative five years from the date of enactment of these provisions..
   4. Can provide documentation of less than three years of experience practicing makeup artistry and completed 16 hours of practical training and technical instruction from a bureau approved makeup artistry school. This subparagraph shall become inoperative five years from the date of enactment of these provisions.. .

(d) Artist certification obtained by meeting the experience requirements of sections (4) (C) & (D) shall remain valid upon the expiration of said subparagraphs for as long as the certification is kept in good standing. If allowed to expire, renewal procedures would be similar to those established by the board for cosmetologists and estheticians.
(e) A certificate shall be valid for a two-year period and thereafter shall be renewable upon the payment of a renewal fee ofnot more than forty-five dollars ($45).
(f) (1) Cosmetologist licensed pursuant to Section 7321 or an esthetician licensed pursuant to Section 7324 shall continue to be able to apply makeup without having to obtain makeup certification. However, a makeup artist desiring to practice cosmetology or skin care shall be subject to the licensure requirements of Section 7321 or 7324. (2) A person who has completed makeup artistry course work from a bureau-approved makeup school shall be granted credit, upon approval by the board, for identical training required for a cosmetology license or an esthetician license.

SEC. 5. Section 7332 of the Business and Professions Code is amended to read:

7332. An apprentice is any person who is licensed by the board to engage in learning or acquiring a knowledge of barbering, cosmetology, skin care, makeup artistry. nail care, or electrology, in a licensed establishment under the supervision of a licensee approved by the board.

SEC. 6. Section 7334 of the Business and Professions Code is amended to read:

7334. (a) The board may license as an apprentice in barbering, cosmetology, skin care.-of nail care, or makeup artistry any person who has made application to the board upon the proper form, has paid the fee required by this chapter, and who is qualified as follows:

1. Is over 16 years of age.
2. Has completed the 10th grade in the public schools of this state or its equivalent.
3. Is not subject to denial pursuant to Section 480.
4. Has submitted evidence acceptable to the board that any training the apprentice is required by law to obtain shall be conducted in a licensed establishment and under the supervision of a licensee approved by the board.

(b) The board may license as an apprentice in electrolysis any person who has made application to the board upon the proper form, has paid the fee required by this chapter, and who is qualified as follows:

1. Is not less than 17 years of age.
2. Has completed the 12th grade or an accredited senior high school course of study in schools of this state or its equivalent.
3. Is not subject to denial pursuant to Section 480.
4. Has submitted evidence acceptable to the board that any training the apprentice is required by law to obtain shall be conducted in a licensed establishment and under the supervision of a licensee approved by the board.

(c) All persons making application as an apprentice in barbering shall also complete a minimum of 39 hours of pre apprentice training in a facility approved by the board prior to serving the general public.
(d) All persons making application as an apprentice in cosmetology, skin care, nail care, makeup artistry, or electrology shall also complete minimum pre apprentice training for the length of time established by the board in a facility approved by the board prior to serving the general public.
(e) Apprentices may only perform services on the general public for which they have received technical training.
(f) Apprentices shall be required to obtain at least the minimum hours of technical instruction and minimum number of practical operations for each subject as specified in board regulations for courses taught in schools approved by the board, in accordance with Sections 3074 and 3078 of the Labor Code.

SEC. 7. Section 7364.5 is added to the Business and Professions Code, to read:

7364.5. (a) A makeup artistry course that qualifies a graduate for certification as established by a bureau approved school shall consist of not less than 480 hours of practical training and technical instruction in accordance with a curriculum established by board regulation.
(b) A school shall certify to the board an applicant’s completion of the said training and instruction and provide adequate “Proof Of Training” as required by the board.

SEC. 8. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.