CHAPTER 10. Barbering and Cosmetology [7301. - 7426.5.]
Chapter 10 repealed and added by Stats. 1990, Ch. 1672, Sec. 3.
§§ 7301–7426.5 · 118 sections
ARTICLE 1. Administration §§ 7301–7315 · 13 sections
- § 7301 This chapter constitutes the chapter on hair, skin, nail care, and electrolysis and may be known and cited as the Barbering and Cosmetology Act.
- § 7302 The following definitions shall apply for purposes of this chapter: (a) “Department” means the Department of Consumer Affairs. (b) “Director” means the…
- § 7303 (a) Notwithstanding Article 8 (commencing with Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, there is in the…
- § 7303.1 Protection of the public shall be the highest priority for the Board of Barbering and Cosmetology in exercising its licensing, regulatory, and disciplinary…
- § 7305 The board shall elect officers annually from among its members, each of whom shall hold office for a term of one year. An officer shall not serve in a…
- § 7309 The board shall establish a principal office, and may establish branch offices and examination facilities in the state as may be deemed necessary for the board…
- § 7311 The board shall adopt and use a common seal for the authentication of the board’s records.
- § 7312 (a) The board shall do all of the following: (1) Make rules and regulations in aid or furtherance of this chapter in accordance with the Administrative…
- § 7313 (a) (1) To ensure compliance with the laws and regulations of this chapter, the board’s executive officer and authorized representatives shall, except as…
- § 7314 (a) The board shall keep a record of its proceedings relating to its public meetings, meetings of committees, and records relating to the issuance, refusal,…
- § 7314.3 (a) The board shall establish a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues before…
- § 7314.5 (a) The board may promote awareness of physical and sexual abuse by means of mail, television, radio, motion picture, newspaper, book, Internet, or other…
- § 7315 A majority of the board may, in any meeting properly noticed in accordance with the Bagley-Keene Open Meeting Act, exercise all the duties and powers devolving…
ARTICLE 2. Application of Chapter §§ 7316–7320.5 · 12 sections
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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.
ARTICLE 3. Qualifications for Examination §§ 7321–7331 · 7 sections
- § 7321 The board shall admit to examination for a license as a cosmetologist to practice cosmetology any person who has made application to the board in proper form,…
- § 7321.5 The board shall admit to examination for a license as a barber to practice barbering, any person who has made application to the board in proper form, paid the…
- § 7322 The board shall admit to examination for a license as a hairstylist to practice hairstyling any person who has made application to the board in proper form,…
- § 7324 The board shall admit to examination for a license as an esthetician to practice skin care, any person who has made application to the board in proper form,…
- § 7326 The board shall admit to examination for a license as a manicurist to practice nail care, any person who has made application to the board in proper form, paid…
- § 7330 The board shall admit to examination for a license as an electrologist to practice electrolysis, any person who has made application to the board in proper…
- § 7331 The board shall grant a license to practice to an applicant if the applicant submits all of the following to the board: (a) A completed application form and…
ARTICLE 4. Apprenticeship §§ 7332–7336 · 5 sections
- § 7332 (a) An apprentice is any person who is licensed by the board to engage in learning or acquiring a knowledge of barbering, cosmetology, skin care, nail care, or…
- § 7333 The apprentice training program shall be conducted in compliance with the Shelley-Maloney Apprentice Labor Standards Act of 1939, Chapter 4 (commencing with…
- § 7334 (a) The board may license as an apprentice in barbering, cosmetology, skin care, or nail care any person who has made application to the board upon the proper…
- § 7335 (a) The license of an apprentice shall expire two years from the date the license was issued, or on the date the apprentice is issued a license following the…
- § 7336 An apprentice may do any or all of the acts for which he or she is licensed only in the licensed establishment and under the supervision and employment of a…
ARTICLE 5. Examinations §§ 7337–7345 · 7 sections
- § 7337 (a) Every application for admission to examination and licensure shall be in writing, on forms prepared and furnished by the board. (b) Each application shall…
- § 7338 (a) The examination of applicants for a license shall consist of a written examination that evaluates competency in protecting the health and safety of…
- § 7340 All examinations shall be prepared by or under the direction of the board. The board shall establish standards and procedures governing administration and…
- § 7341 The board shall deliver to every person failing any examination provided for in this chapter the total grade received on the examination.
- § 7342 Licenses in the practice of the occupation for which the license was sought shall be issued by the board to any applicant who satisfactorily passes an…
- § 7344 The board may contract or otherwise arrange for reasonably required physical accommodations and facilities to conduct examinations.
- § 7345 If an applicant fails to complete his or her application within one year after it has been filed, or fails to take the examination within one year after…
ARTICLE 6. Establishments §§ 7346–7353.4 · 9 sections
- § 7346 (a) For purposes of this chapter, “establishment” means any premises, building or part of a building where any activity licensed under this chapter is…
- § 7347 (a) Any person, firm, or corporation desiring to operate an establishment shall make an application to the board for a license accompanied by the fee…
- § 7348 An establishment shall at all times be in the charge of a person licensed pursuant to this chapter except an apprentice.
- § 7349 It is unlawful for any person, firm, or corporation to hire, employ, or allow to be employed, or permit to work, in or about an establishment, any person who…
- § 7349.1 It is an unfair business practice for any person, firm, or corporation who engages in a practice regulated under this chapter to use the traditional symbol…
- § 7350 No person having charge of an establishment, whether as an owner or an employee, shall permit any room or part thereof in which any occupation regulated under…
- § 7351 Every establishment shall provide at least one public toilet room located on or near the premises for its patrons. Any toilet room installed on or after July…
- § 7352 Every establishment shall provide adequate and convenient handwashing facilities, including running water, soap, and towels or air hand dryers.
- § 7353.4 (a) On and after July 1, 2017, an establishment licensed by the board shall, upon availability of the posting notice developed by the Labor Commissioner…
ARTICLE 7. Mobile Units §§ 7354–7361 · 8 sections
- § 7354 For purposes of this article, “mobile unit” means any self-contained, self-supporting, enclosed mobile unit which is licensed as a mobile unit for the practice…
- § 7355 (a) Any person, firm, or corporation desiring to operate a mobile unit shall make an application to the board for a license containing the information and data…
- § 7356 An application to transfer ownership or control of an existing licensed mobile unit shall be filed by the purchaser or lessor with the board within 10 days…
- § 7357 (a) Mobile units shall comply with regulations adopted by the board that assure that the unit shall be kept clean, in good repair, and in compliance with this…
- § 7358 A mobile unit shall at all times be in the charge of a person licensed pursuant to this chapter except an apprentice.
- § 7359 It is unlawful for any person, firm or corporation to hire, employ, allow to be employed, or permit to work, in or about a mobile unit, any person who performs…
- § 7360 No person having charge of a mobile unit, whether as an owner or an employee, shall permit any room, or part thereof, in which any occupation regulated under…
- § 7361 All laws governing establishments under this chapter, except Article 6 (commencing with Section 7346), apply to mobile units, unless otherwise provided.
ARTICLE 8. Schools, Instructors, and Curricula §§ 7362–7395.2 · 15 sections
- § 7362 (a) A school approved by the board is one that is first approved by the board and subsequently approved by the Bureau for Private Postsecondary Education or is…
- § 7362.1 A school of cosmetology approved by the board shall also meet all of the following: (a) Possess the equipment and floor space necessary for comprehensive…
- § 7362.2 A school of barbering approved by the board shall also do all of the following: (a) Possess the equipment and floor space necessary for comprehensive…
- § 7362.3 A school of electrology approved by the board shall also do all of the following: (a) Possess the equipment and floor space necessary for comprehensive…
- § 7362.5 (a) A course in barbering or cosmetology established by a school shall consist of not less than 1,000 hours of practical and technical instruction in the…
- § 7363 (a) A course in hairstyling established by a school shall consist of not less than 600 hours of practical and technical instruction. (b) The curriculum for a…
- § 7364 (a) A course in skin care course established by a school shall consist of not less than 600 hours of practical and technical instruction. (b) The curriculum…
- § 7365 (a) A nail care course established by a school shall consist of not less than 400 hours of practical and technical instruction. (b) The curriculum for a nail…
- § 7366 (a) A course in electrolysis established by a school shall consist of not less than 600 hours of practical and technical instruction in the practice of…
- § 7367 For students who change from one program of instruction to another, the board shall grant credit for training obtained in one course that is identical to…
- § 7368 No school shall advertise barbering, cosmetology or electrolysis services to the public through any medium unless those services are expressly designated as…
- § 7389 (a) The board shall develop or adopt a health and safety course on hazardous substances, basic labor laws, as specified in Section 7314.3, and physical and…
- § 7389.5 A course of training in barbering, cosmetology, or hairstyling established by federal or state correctional institutions in California may qualify a person…
- § 7395.1 (a) A student who is enrolled in an approved course of instruction in a school of cosmetology approved by the board pursuant to subdivision (a) of Section 7362…
- § 7395.2 (a) A student who is enrolled in an approved course of instruction in a school of barbering approved by the board pursuant to subdivision (a) of Section 7362…
ARTICLE 10. Licenses §§ 7396–7402.5 · 8 sections
- § 7396 The form and content of a license issued by the board shall be determined in accordance with Section 164. The license shall prominently state that the holder…
- § 7396.5 (a) Notwithstanding any other provision of law, the board may, in its sole discretion, issue a probationary license to an applicant subject to terms and…
- § 7397 Every licensee shall display the license in a conspicuous place in his or her place of business or place of employment.
- § 7398 A duplicate license shall be issued upon the filing of a statement explaining the loss, verified by the oath of the applicant, and accompanied by the fee…
- § 7399 Under no circumstances shall a temporary license be issued.
- § 7400 Every licensee of the board, except establishments shall, within 30 days after a change of address, notify the board of the new address, and, upon receipt of…
- § 7401 (a) An individual licensed pursuant to Section 7396 shall report to the board at the time of license renewal their practice status, designated as one of the…
- § 7402.5 (a) For purposes of this section, a “personal service permit” means a permit that authorizes an individual to perform services, for which he or she holds a…
ARTICLE 11. Disciplinary Proceedings §§ 7403–7405 · 6 sections
- § 7403 (a) Notwithstanding any other provision of law, the board may revoke, suspend, or deny at any time any license required by this chapter on any of the grounds…
- § 7403.2 (a) Notwithstanding any other provision of law, the executive officer or his or her designee, pursuant to an inspection of an establishment where health and…
- § 7403.5 (a) In addition to the authority provided by Sections 494 and 7403, the executive officer, in his or her discretion, may upon written notice immediately close…
- § 7404 The grounds for disciplinary action are as follows: (a) Unprofessional conduct which includes, but is not limited to, any of the following: (1) Incompetence or…
- § 7404.1 Any person, firm, association, or corporation violating this chapter is guilty of a misdemeanor unless a specific penalty is otherwise provided.
- § 7405 A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The board may…
ARTICLE 12. Administrative Fines and Citations §§ 7406–7414 · 10 sections
- § 7406 In addition to the authority to conduct disciplinary proceedings under this chapter, the board, through its duly authorized representatives, shall have…
- § 7407 The board shall establish by regulation a schedule of administrative fines for violations of this chapter that directly impact consumer safety. All moneys…
- § 7407.1 (a) The board shall determine by regulation when a fine shall be assessed to both the holder of the establishment license and the individual licensee for the…
- § 7408 The board, through its duly authorized representatives, shall issue a citation with respect to any violation for which an administrative fine may be assessed.…
- § 7408.1 The board may enter into a payment plan for citations with administrative fines that exceed five hundred dollars ($500). The board shall define by regulation…
- § 7409 Any licensee served with a citation may avoid the payment of the associated administrative fine by presentation of written proof satisfactory to the board, or…
- § 7410 Persons to whom a notice of violation or a citation is issued and an administrative fine assessed may appeal the citation to a disciplinary review committee…
- § 7411 Persons receiving a decision from a disciplinary review committee may appeal the decision by filing a written request, within 30 days after receipt of the…
- § 7413 Appeals of citations not filed in a timely manner or failure of the appellant or the appellant’s representative to appear before the disciplinary review…
- § 7414 The issuance of a license to, or the renewal of a license of, a person who fails to pay administrative fines that were not contested or that were contested but…
ARTICLE 12.5. Tanning Facilities §§ 7414.1–7414.6 · 6 sections
- § 7414.1 All records required by law to be kept by tanning facilities subject to the Filante Tanning Facility Act of 1988 (Chapter 23 (commencing with Section 22700) of…
- § 7414.2 (a) Notwithstanding any other provision of law, a violation of the Filante Tanning Facility Act of 1988 (Chapter 23 (commencing with Section 22700) of Division…
- § 7414.3 (a) Any representative of the board designated by the director shall have the authority to issue a written notice to appear in court pursuant to Chapter 5c…
- § 7414.4 The board, and its authorized representatives, may disseminate information to tanning facilities regarding compliance with the Filante Tanning Facility Act of…
- § 7414.5 This article shall be applicable only to those tanning facilities operated in conjunction with, or at the same location as, an establishment licensed under…
- § 7414.6 The board may adopt regulations concerning the operation of tanning facilities in licensed establishments.
ARTICLE 13. Revenue §§ 7415–7426.5 · 12 sections
- § 7415 Licenses issued under this chapter, unless specifically excepted, shall be issued for a two-year period and shall expire at midnight on the last day of the…
- § 7417 Except as otherwise provided in this article, a license that has expired for failure of the licensee to renew within the time fixed by this article may be…
- § 7418 Except as otherwise provided in this article, a license which has not been renewed within five years following its expiration shall be deemed canceled and may…
- § 7419 A suspended license is subject to expiration and shall be renewed by the licensee as provided in this article, but that renewal does not entitle the licensee,…
- § 7420 A revoked license is subject to expiration as provided in this article, but may not be renewed. If it is reinstated pursuant to the Administrative Procedure…
- § 7421 The fees shall be set by the board, within the limits set forth in this article, in amounts necessary to cover the expenses of the board in performing its…
- § 7422 All fees collected on behalf of the board and all receipts of every kind and nature, shall be reported to the Controller at the beginning of each month for the…
- § 7423 The amounts of the fees required by this chapter relating to licenses for individual practitioners are as follows: (a) (1) Cosmetologist application and…
- § 7424 The amounts of the fees payable under this chapter relating to licenses to operate an establishment are as follows: (a) The application and initial license fee…
- § 7425 The amounts of the fees payable under this chapter relating to licenses to operate a mobile unit are as follows: (a) The application fee shall be not more than…
- § 7426 The fee for a duplicate license as provided for in Section 7398 shall be ten dollars ($10).
- § 7426.5 The board may, by regulation, divide the fees payable under this chapter relating to licenses into separate categories based upon processing functions, such as…