SECTIONS 7316-7320.5 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7316-7320.5

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.
(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.
(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.

7317. 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, 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.

7318. 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.

7319. The following persons are exempt from this chapter:
(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) 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) 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) Persons engaged in any practice within its scope when done
outside of a licensed establishment, without compensation.
(e) Persons engaged in the administration of hair, skin, or nail
products for the exclusive purpose of recommending, demonstrating, or
selling those products.
(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) 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) 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) 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.

7319.5. 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.

7320. This chapter confers no authority to practice medicine or
surgery.

7320.1. 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.

7320.2. 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.

7320.3. Persons who are not licensed to perform all of the
practices of a cosmetologist may not represent themselves as a
cosmetologist.

7320.4. Persons who are not licensed as barbers in this state may
not represent themselves as barbers.

7320.5. Any licensee who uses a laser in the treatment of any human
being is guilty of a misdemeanor.