Section § 7316

Explanation

This section explains what activities count as barbering, cosmetology, skin care, and nail care in California. Barbering includes things like cutting hair, shaving, and giving scalp massages. Cosmetology covers a wide range of beauty treatments for hair, skin, and nails, like applying makeup and manicuring. Skin care involves treatments to enhance the skin's appearance without harming live tissue, while nail care includes activities like trimming and polishing nails. The section also clarifies what is not included in these practices, like wig styling, natural hair braiding, and threading, unless they are combined with regulated services. Additionally, electrolysis, which is a specific method of hair removal, is defined, and hairstyling is noted for its range of hair care services.

(a)CA Business & Professions Code § 7316(a) The practice of barbering is all or any combination of the following practices:
(1)CA Business & Professions Code § 7316(a)(1) Shaving or trimming the beard or cutting the hair.
(2)CA Business & Professions Code § 7316(a)(2) Giving facial and scalp massages or treatments with oils, creams, lotions, or other preparations either by hand or mechanical appliances.
(3)CA Business & Professions Code § 7316(a)(3) Singeing, shampooing, arranging, dressing, curling, waving, chemical waving, hair relaxing, or dyeing the hair or applying hair tonics.
(4)CA Business & Professions Code § 7316(a)(4) Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, or neck.
(5)CA Business & Professions Code § 7316(a)(5) Hairstyling of all textures of hair by standard methods that are current at the time of the hairstyling.
(b)CA Business & Professions Code § 7316(b) The practice of cosmetology is all or any combination of the following practices:
(1)CA Business & Professions Code § 7316(b)(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)CA Business & Professions Code § 7316(b)(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)CA Business & Professions Code § 7316(b)(3) Beautifying the face, neck, arms, or upper part of the human body, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams.
(4)CA Business & Professions Code § 7316(b)(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)CA Business & Professions Code § 7316(b)(5) Cutting, trimming, polishing, tinting, coloring, cleansing, or manicuring the nails of any person.
(6)CA Business & Professions Code § 7316(b)(6) Massaging, cleansing, treating, or beautifying the hands or feet of any person.
(7)CA Business & Professions Code § 7316(b)(7) Tinting and perming of the eyelashes and brows, or applying eyelashes to any person.
(c)CA Business & Professions Code § 7316(c) The practice of skin care is all or any combination of the following practices:
(1)CA Business & Professions Code § 7316(c)(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)CA Business & Professions Code § 7316(c)(2) Tinting and perming of the eyelashes and brows, or applying eyelashes to any person.
(3)CA Business & Professions Code § 7316(c)(3) 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.
(d)CA Business & Professions Code § 7316(d) The practice of nail care is all or a combination of 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)CA Business & Professions Code § 7316(e) The practice of barbering, the practice of cosmetology, and the practice of hairstyling do not include any of the following:
(1)CA Business & Professions Code § 7316(e)(1) The mere sale, fitting, or styling of wigs or hairpieces.
(2)CA Business & Professions Code § 7316(e)(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)CA Business & Professions Code § 7316(e)(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.
(f)CA Business & Professions Code § 7316(f) Notwithstanding paragraph (2) of subdivision (e), 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)Copy CA Business & Professions Code § 7316(g)
(1)Copy CA Business & Professions Code § 7316(g)(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)CA Business & Professions Code § 7316(g)(2) “Electrolysis” as used in this chapter includes electrolysis or thermolysis.
(h)CA Business & Professions Code § 7316(h) The practice of hairstyling is one or both of the following:
(1)CA Business & Professions Code § 7316(h)(1) Styling of all textures of hair by standard methods that are current at the time of the hairstyling.
(2)CA Business & Professions Code § 7316(h)(2) Arranging, blow drying, cleansing, curling, cutting, dressing, extending, shampooing, waving, or nonchemically straightening the hair of any person using both electrical and nonelectrical devices.

Section § 7317

Explanation

This law makes it illegal for anyone to practice barbering, cosmetology, or electrolysis for money without a valid license from the board, unless they're in an approved externship or working in a board-licensed place. It also mandates that professionals can only perform services within the areas they are licensed for. Breaking this rule could lead to a fine or misdemeanor charge.

Except as provided in this article, it is unlawful for any person, firm, or corporation to engage in barbering, cosmetology, or electrolysis for compensation without a valid, unexpired license issued by the board, unless the person is participating in an externship program from an approved school, or in an establishment or mobile unit other than one licensed by the board, or conduct or operate an establishment, or any other place of business in which barbering, cosmetology, or electrolysis is practiced unless licensed under this chapter. Persons licensed under this chapter shall limit their practice and services rendered to the public to only those areas for which they are licensed. Any violation of this section is subject to an administrative fine and may be subject to a misdemeanor.

Section § 7318

Explanation

This law allows licensed professionals to provide services outside of their normal place of practice if the client is too sick or unable to come in for any physical or mental health reasons. It requires that the person performing the service is licensed and comes from a licensed establishment.

This chapter does not prohibit the administration of any practice subject to this chapter outside of a licensed establishment, when necessary due to the illness or other physical or mental incapacitation of the recipient of the service, and when performed by a licensee obtained for the purpose from a licensed establishment.

Section § 7319

Explanation

This section outlines who doesn't have to follow certain rules about barbering, cosmetology, and related fields. It includes people like doctors and nurses working within their legal limits, military and public health service members during official duties, and those working in film and television who provide these services as part of that work. It also covers people who do these practices for free outside of a licensed shop, those recommending beauty products, and those working in prisons, as long as they meet certain training and health standards set by corrections agencies.

The following persons are exempt from this chapter:
(a)CA Business & Professions Code § 7319(a) 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.
(b)CA Business & Professions Code § 7319(b) 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.
(c)CA Business & Professions Code § 7319(c) 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.
(d)CA Business & Professions Code § 7319(d) Persons engaged in any practice within its scope when done outside of a licensed establishment, without compensation.
(e)CA Business & Professions Code § 7319(e) Persons engaged in the administration of hair, skin, or nail products for the exclusive purpose of recommending, demonstrating, or selling those products.
(f)CA Business & Professions Code § 7319(f) 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)CA Business & Professions Code § 7319(f)(1) Those persons shall complete a barbering training course, developed by the Department of Corrections and approved by the Department of Consumer Affairs, in the proper care of instruments and the prevention of infectious diseases.
(2)CA Business & Professions Code § 7319(f)(2) Those persons shall successfully pass an examination, developed and administered by the Department of Corrections, on the proper care of instruments and the prevention of infectious diseases.
(3)CA Business & Professions Code § 7319(f)(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.

Section § 7319.5

Explanation

If you're a student at a board-approved school, you don't need a professional license to perform services on the public as part of your education, as long as it's done at the school where you're enrolled.

Students engaged in performing services on the public while enrolled in a school approved by the board shall not be required to be licensed under this chapter if they perform those services at the approved school in which they are enrolled.

Section § 7319.7

Explanation
This law states that if someone working in a specific field in California takes a required training about recognizing physical and sexual abuse, neither they nor their employers are obligated to report or act on any signs of abuse they notice in their job, unless another law requires them to do so. This rule has been in effect since July 1, 2019.
(a)CA Business & Professions Code § 7319.7(a) A licensee or an applicant for licensure who completes the physical and sexual abuse awareness training covered by the health and safety course required by Section 7389, and his or her employer, shall not be required to act on information obtained during the course of employment concerning potential physical and sexual abuse unless otherwise required by law.
(b)CA Business & Professions Code § 7319.7(b) This section shall become operative on July 1, 2019.

Section § 7320

Explanation

This law clarifies that the chapter does not give the right to practice medicine or surgery without the necessary medical license. Additionally, it does not provide any benefits usually given to those certified under another specific part of the law related to healthcare services.

(a)CA Business & Professions Code § 7320(a) This chapter confers no authority to practice medicine or surgery. The practice of medicine shall not be performed by, or offered by, a licensee under this chapter without being authorized and licensed to perform that act pursuant to a license obtained in accordance with some other provision of law.
(b)CA Business & Professions Code § 7320(b) Nothing in this chapter shall be interpreted to grant any privileges reserved for persons certified pursuant to Chapter 10.5 (commencing with Section 4600) of Division 2.

Section § 7320.1

Explanation

This law specifies that metal tools can only be used for specific purposes when giving manicures or pedicures. These purposes include cutting, trimming, manicuring, or pedicuring the nails or cuticles, and for smoothing and massaging the hands and feet.

When providing a manicure or pedicure, no metal instruments shall be used except those metal instruments necessary for the cutting, trimming, manicuring, or pedicuring of nails or cuticles or for the smoothing and massaging of the hands and feet.

Section § 7320.2

Explanation

This law states that it's illegal for any licensed professional to use an X-ray machine on people either for treatment or hair removal, or to apply high-concentration phenol or mercury-based solutions on a person. Doing so is considered a misdemeanor, which means it's a criminal offense but less serious than a felony.

Any licensee who uses an X-ray appliance, apparatus or machine in the treatment of any human being or for the purpose of or with the intent to remove superfluous hair from the face or body of any human being, or who applies to any human being a solution of phenol greater than 10 percent, or corrosive sublimate (mercury) or any of its preparations, derivatives, or compounds in a solution greater than one in five hundred, is guilty of a misdemeanor.

Section § 7320.3

Explanation

This law says you can't call yourself a cosmetologist unless you have a license to do everything a cosmetologist does.

Persons who are not licensed to perform all of the practices of a cosmetologist may not represent themselves as a cosmetologist.

Section § 7320.4

Explanation

If you're not officially licensed as a barber in California, you can't call yourself a barber or imply that you are one.

Persons who are not licensed as barbers in this state may not represent themselves as barbers.

Section § 7320.5

Explanation

If someone has a professional license and they use a laser to treat a person, they're committing a crime called a misdemeanor.

Any licensee who uses a laser in the treatment of any human being is guilty of a misdemeanor.