Laws and Regulations

2019

BARBERING AND COSMETOLOGY REGULATIONS

Title 16, Division 9 of the California Code of Regulations
Board of Barbering and Cosmetology

Article 1. Administration

904. Enforcement

905. Posting of Consumer Information Message

Article 2. Qualifications for Examination

909. Proof of Training

910. Out-of-State or Armed Services Applicants

Article 3. Apprenticeship

913. Approval of Apprentice Training Programs

913.1. Withdrawal of Approval: Apprenticeship Program Sponsor

914.1. Filing of Apprenticeship Application; Eligibility

914.2. Filing of Apprenticeship Application; Re-enrollments

915. Related Training

916. Training Hours and Schedule

917. Pre-Apprentice Training

918. Apprentice Trainers

919. Board Approved Trainers and Establishments

920. Record of Apprentice Training

921. Curriculum for Barber Apprentice Course

921.1. Curriculum for Cosmetology Apprenticeship Course

921.2. Curriculum for Electrolysis Apprenticeship Course 88

922. Transfers

923. Surrender of License

924. Completion of Apprentice Training Program

925. Statement of Trainer Responsibilities

926. Apprenticeship Credit for Prior Training

Article 4. Examinations

928. Preapplication for Examination

931. Interpreter and Interpreter/Model

932. Passing Grades in Examinations

934. Examination Appeal

Article 5. Mobile Units

937. Licensing and Operation

Article 6. Schools

940. Equipment for Schools

941. Approval of Schools

Article 7. Continuing Education

950.1. Curriculum for Barbering Course

950.2. Curriculum for Cosmetology Course

950.3. Curriculum for Skin Care Course

950.4. Curriculum for Nail Care Course

950.5. Curriculum for Electrolysis Course

950.10. Credit for Special License and Transfer of Training

950.12. Work Upon Paying Patrons

961. Online Training and Text and Reference Books for Students

Article 8.5 Externship

962. Definitions

962.1. Notification of Participation in the Cosmetology Externship Program

962.2. Laminated School Identification

Article 9. Licenses

965. Display of Licenses

965.1. Persons Exempt from Application of Chapter; Demonstration of Products

Article 10. Disciplinary Proceedings

969. Delegation of Certain Functions

970. Substantial Relationship Criteria

971. Criteria for Rehabilitation

972. Disciplinary Guidelines

973. Grounds for Immediate Suspension

973.1. Procedures for Issuing Immediate Suspension

973.2. Content of Immediate Suspension Notice

973.3. Terms and Conditions of Probation

973.4. Remedial Training Defined

973.5. Approval of Remedial Training Course

973.6. Appeal Process

Article 11. Administrative Fines and Citations

974. Schedule of Administrative Fines

974.1. Disciplinary Review Committee

974.2. Appeal to Disciplinary Review Committee

975. Good Cause for Failure to Appear for Hearing

976. Citations; Unlicensed Activity

Article 12. Health and Safety

977. Health and Safety Definitions

978. Minimum Equipment and Supplies

979. Disinfecting Non-Electrical Tools

980. Disinfecting Electrical Tools

980.1. Procedures for Cleaning and Disinfecting Whirlpool Foot spas, and Air-Jet Basins

980.2. Procedures for Cleaning and Disinfecting Pipeless Foot spas

980.3. Procedures for Cleaning and Disinfecting Non-Whirlpool Foot Basins or Tubs

980.4. Disposable Foot Basin or Tub Liners

981. Tools and Supplies

982. Sterilizing Electrolysis Tools

983. Personal Cleanliness

984. Disease and Infestation

985. Neck Strips

986. Neck Dusters and Brushes

987. Towels

988. Liquids, Creams, Powders, and Cosmetics

989. Prohibited Hazardous Substances/Use of Products

990. Headrests, Shampoo Trays and Bowls, and Treatment Tables

991. Invasive Procedures

992. Skin Exfoliation

993. Prohibited Tools

994. Cleanliness and Repair

995. Building Standards

998. Schedule of Fees

Article 13. Revenue

999. Charge for Dishonored Check


2019
BARBERING AND COSMETOLOGY
REGULATIONS

Title 16, Division 9 of the
California Code of Regulations
Includes amendments through January 2019

Article 1. Administration

904. Enforcement

(a) Article 12 of the board’s regulations, within Title 16, Division 9 of the California Code of Regulations, contains the board’s "Health and Safety Rules".

(b) The holder or holders of an establishment license or a mobile unit license, and the person in charge of any such establishment or mobile unit, shall implement and maintain the Health and Safety Rules in such establishment or mobile unit individually and jointly with all persons in or employed by or working in or on the premises of such establishment or mobile unit.

(c) All licensed barbers, cosmetologists, estheticians, manicurists, electrologists, instructors, or apprentices shall individually implement and maintain the Health and Safety Rules.

(d) All persons performing acts of a barber, cosmetologist, esthetician, manicurist or electrologist, except students in schools, shall, upon request of an authorized representative of the board, present satisfactory proof of identification. Satisfactory proof shall be in the form of a photographic driver’s license or photographic identification card issued by any state, federal, or other recognized government entity.

(e) Failure to present valid proof of identification shall be grounds for disciplinary action.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7312 and 7404, Business and Professions Code.

905. Posting of Consumer Information Message

Approved-school owners and licensed-establishment owners both shall post a copy of the board’s "Message to the Consumer" (BBC-CP01(2/2017)), which is hereby incorporated by reference, conspicuously in the reception areas of their schools and establishments.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 129(e), and 7404, Business and Professions Code

Article 2. Qualifications for Examination

909. Proof of Training

(a) Every application for examination in which the applicant is using training received in a school in this state approved by the board in order to qualify for examination must be accompanied by proof of that training.

(b) Proof of training shall be a document, prepared by the school where the applicant completed the qualifying training, that includes all of the following:

(1) The course title.

(2) The student’s name, address, and date of birth.

(3) The school’s name, address, and school code issued by the board.

(4) The date training started and the date training was completed at the school completing the training.

(5) The total number of hours of training the student received.

(6) If the applicant has done any one of the following, the document shall also include the information as specified for each:

(a) If the applicant has received any of the training at another school, the document must specify, for each school attended, the school’s name and school code, the number of hours of training received, the date training started, and the last date of attendance.

(b) If the applicant has received credit from a course transfer, the document must specify the course and the number of hours of training received, the date training started and the last date of attendance before transferring, and the number of hours of credit received.

(c) If the applicant has received credit for holding a manicurist or cosmetician license issued by the board, the document must specify the type of license, the license number, its date of expiration, and the number of hours of credit received.

(d) If the applicant has received credit for out-of-state training and/or experience, a copy of the letter from the board granting that credit shall be attached to the document.

(7) A statement confirming that the student has met the course curriculum requirements as specified by regulation.

(8) A statement, dated and signed under penalty of perjury by the school and the student, that all the information on the document is true and correct. The statement shall be worded as follows: "We, the undersigned, certify under penalty of perjury under the laws of the state of California, that all the information contained herein is true and correct."

(9) The document must include the name and title of the individual signing for the school clearly printed or typed.

(c) The information contained in any proof of training document prepared by an approved school in this state must be clearly identified by the number and presented in the order specified in subdivision (b).

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7321, 7321.5, 7324, 7326, 7330, 7331, 7337 and 7391, Business and Professions Code.

910. Out-of-State or Armed Services Applicants

(a) An applicant who desires to establish eligibility for examination for a license in this state upon the basis of practice, study or training outside this state, or supplementary training in a licensed school in this state, or any combination thereof, shall furnish proof of his or her qualifications to the board as follows:

(1) An applicant who desires credit for practices in another state or country shall file with the board, on the form prescribed by it (Form #03E-145, Affidavit of Experience-Form C, Rev 1/91), an affidavit from a disinterested person verifying such practice, together with an authenticated statement from the licensing agency in the state or country where such practice took place showing that the applicant was licensed to engage in such practice, if a license was required therefor.

(2) An applicant who has completed any number of hours of study and training in a school in another state or country, and who desires credit for such hours toward study and training in this state, shall file with the board, on the form prescribed by it (Form #03B-144, Out-of-State Beauty School Training Record- Form B, Rev. 8/94), an authenticated statement from the school or the training took place showing the number of hours of study and training completed in each subject and when such study and training occurred.

(3) An applicant who desires credit for supplementary training completed in a licensed school in this State shall file with the board an authenticated statement from such school showing the number of hours of such training successfully completed in each subject.

(b) An applicant for examination who is employed on a military reservation to practice any profession licensed under Chapter 10 of Division 3 of the Business and Professions Code must present an authenticated statement from the military reservation verifying the employment and may use the practice obtained to qualify for examination.

(c) An applicant for examination who has applicable education, training, or experience obtained in the United States armed services may submit his or her Verification of Military Experience and Training (V-Met) records to the Board for evaluation, and the Board may use those records to qualify the applicant for examination.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 35, 7321, 7321.5, 7324, 7326, 7330, 7331, and 7337, Business and Professions Code.

Article 3. Apprenticeship

913. Approval of Apprentice Training Programs

(a) A joint apprenticeship committee, unilateral management or labor apprenticeship committee, or an individual employer wishing to conduct apprenticeships in barbering, cosmetology, electrology, skin care, or nail care shall be known as apprenticeship program sponsors.

(b) An applicant seeking board approval as an apprenticeship program sponsor to conduct apprenticeships in barbering, cosmetology, skin care, nail care, or electrology shall:

(1) Submit a written request for board approval of its apprenticeship program and identify the subject matter of the apprenticeship. The request for apprenticeship approval shall be signed by the individual employer or, where the program sponsor is not an individual, by a responsible officer of the organization.

(2) Submit proof that the program sponsor is approved by the California Apprenticeship Council to offer the apprenticeship.

(3) Submit a detailed outline of the proposed training program which demonstrates compliance with the apprenticeship regulations contained in this article.

(4) Submit a copy of the agreement between the program sponsor and the apprentice (hereafter know as the "apprenticeship agreement"). The apprenticeship agreement shall comply with the provisions of the Shelley-Maloney Apprenticeship Labor Standards Act of 1939 (Labor Code section 3070 et seq.) and the regulations adopted pursuant thereto.

(c) An apprenticeship program sponsor shall notify the board within 10 days of any changes to the information filed with the board in accordance with subsection (b) of this section for board approval.

(d) The board shall inform every person applying for approval to act as an apprenticeship program sponsor in writing, within ten (10) days of receipt of their request for approval whether the application is complete or deficient and what specific information is required.

(1) When the information for a deficient application is returned to the board, the board shall decide within five (5) days of receipt whether the application is complete.

(2) If the application remains deficient, the board shall inform the applicant in writing, within five (5) days of receipt, of what specific information is required.

(e) The board shall notify the applicant, in writing, within thirty-five (35) days after the completed application has been received, whether the applicant meets the requirements for approval.

(f) The minimum, median and maximum times for processing a request for approval of an apprentice training program, from the time of receipt of the application until the Board of Barbering and Cosmetology decided to issue the approval based upon actual performance of the board during the two years preceding the proposal of this section, were as follows:

(1) Minimum: 1 day

(2) Median: 15 days

(3) Maximum: 48 days

Note: Authority cited: Section 7312, Business and Professions Code; and Section 15376, Government Code. Reference: Section 7333, Business and Professions Code; Sections 3070 and 3078, Labor Code; and Section 15376, Government Code.

913.1. Withdrawal of Approval: Apprenticeship Program Sponsor

(a) The board may withdraw or otherwise limit its approval of an apprenticeship program sponsor who is not conducting its apprenticeship program in compliance with the provisions of the laws and regulations of the Barbering and Cosmetology Act (Business and Professions Code sections 7301 et seq.)

(b) (1) A proceeding to withdraw or limit the board’s approval of an apprenticeship program sponsor shall be initiated by serving the apprenticeship program sponsor with a notice to show cause. The notice to show cause shall be in writing, shall describe with particularity the nature of the violations, including specific reference to the provisions of law or regulations determined to be violated, and shall contain a proposed order to withdraw or limit the board's approval of the apprenticeship program sponsor.

(2) Where appropriate, a notice to show cause may contain an order of abatement fixing a reasonable time for the abatement of the violations. Where a program sponsor complies with the order of abatement within the time specified, the board shall withdraw its notice to show cause.

(3) In fixing the disciplinary order or order of abatement for a notice to show cause, the board shall give due consideration to the appropriateness of the order with respect to such factors as the gravity of the violations, its impact upon the apprentices participating in the apprenticeship program sponsor’s apprenticeship program, its impact on the public, the good faith of the apprenticeship program sponsor, and the history of previous violations.

(c) A notice to show cause shall inform the apprenticeship program sponsor that if it desires a hearing to contest any portion of the notice to show cause, a hearing shall be requested by written notice to the board's executive officer within 30 days of the date of service of the notice to show cause. If a hearing is not requested pursuant to this subsection, the order contained in the notice to show cause shall go into effect on the date specified in the notice to show cause.

(d) A hearing to contest a notice to show cause shall be conducted within 60 days of the board’s receipt of the program sponsor's written request for a hearing. Such a hearing shall be before a committee selected by the board. At the conclusion of the hearing, the committee shall prepare or have prepared a written decision of its findings, determinations and order. Such a decision shall be mailed to the program sponsor within 45 days after the conclusion of the hearing.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7333, Business and Professions Code.

914.1. Filing of Apprenticeship Application; Eligibility

If an applicant for an apprentice license has previously applied for and qualified for the licensing examination in a particular discipline, the applicant is ineligible to apply for the apprenticeship program in the same discipline.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7334, Business and Professions Code.

914.2. Filing of Apprenticeship Application; Re-enrollments

(a) The term of an apprenticeship is 2 years. If at any time the apprentice discontinues enrollment in the apprenticeship program, the board shall be

notified by the apprentice program sponsor within 10 days of the disenrollment.

(b) If after the 2-year period the apprentice has not completed the required 3,200 hours and related training, and the board has been notified of the cancellation of enrollment, and the apprentice license has been surrendered to the board as required by section 923 of this article, the applicant may re-enroll once to complete the program. After 2 enrollments into the apprenticeship program, the applicant is no longer eligible to participate in the program.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7334, Business and Professions Code.

915. Related Training

(a) Every apprenticeship approved by the board shall consist of an on-the-job training component and a classroom component of related training.

(b) Related training for barber apprentices must provide a minimum of 216 hours of instruction over a two year period. A minimum of 144 of those hours shall cover the theory of barbering and a maximum of 72 hours may be elective training. The 72 hours of elective training may be conducted by classroom instruction or by a seminar or by demonstrations relating to barbering. The elective training shall be verified by course completion certificates or registration records.

(c) Related training for cosmetology, skin care, nail care or electrology apprenticeships must provide a minimum of 220 hours of classroom instruction over a two year period. These hours shall cover the following subjects:

(1) The related training for a cosmetology apprenticeship shall cover the following subjects as they relate to cosmetology: cosmetology chemistry, health and safety and hazardous substances, theory of electricity, disinfection and sanitation, bacteriology, anatomy and physiology, wet hair styling, thermal hair styling, permanent waving, chemical straightening, haircutting, hair coloring and bleaching, scalp and hair treatment, facials, eyebrow arching and hair removal, makeup, manicuring and pedicuring.

(2) The related training for skin care shall cover the following subjects as they relate to skin care: cosmetology chemistry, health and safety and hazardous substances, theory of electricity, disinfection and sanitation, bacteriology, anatomy, physiology, skin analysis and conditions, facials, eyebrow arching and hair removal, and make-up.

(3) The related training for nail care shall cover the following subjects as they relate to nail care: cosmetology chemistry, health and safety and hazardous substances, disinfection and sanitation, bacteriology, anatomy and physiology, water and oil manicures, including hand and arm massage, complete pedicure, and application of artificial nails.

(4) The related training for electrolysis shall cover the following subjects as they relate to electrolysis: health and safety and hazardous substances, disinfection and sanitation and sterilization, bacteriology, anatomy and physiology, electricity, electrolysis, thermolysis, and high frequency and galvanic currents.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7333 and 7334, Business and Professions Code.

916. Training Hours and Schedule

(a) The two years referred to in Section 7335 of the Business and Professions Code means a minimum of thirty-two hundred (3,200) hours of apprenticeship. Full- time apprenticeship means employment and training in an approved program for at least 32 hours per week. No more than eight and one-half hours credit will be allowed for any one work day nor will credit be allowed for more than five days in one week. The maximum training hours shall not exceed 42-1/2 hours per week.

(b) The two year apprenticeship program begins with the issuance of an apprenticeship license by the board.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7333, 7334 and 7345, Business and Professions Code.

917. Pre-Apprentice Training

The minimum hours of pre-apprentice training referred to in Section 7334 of the Business and Professions Code shall be thirty-nine (39) hours of instruction in the laws and regulations of the board, basic patron protection and sanitation and disinfection procedures. An applicant for licensure as an apprentice shall complete the pre-apprenticeship training prior to being licensed as an apprentice.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7334, Business and Professions Code.

918. Apprentice Trainers

(a) No licensee shall train an apprentice unless his or her license includes the scope of practice of the apprentice’s license.

(b) A licensee is allowed to have under his or her supervision a maximum of two apprentices at any given time.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7332 and 7336, Business and Professions Code.

919. Board Approved Trainers and Establishments

(a) A licensee who wishes to train an apprentice shall obtain board approval before employing or training an apprentice. An establishment wishing to train an apprentice in multiple location establishments which are under common ownership may request to participate in multiple location training. Common ownership includes corporate chains, individually owned multiple establishments, and franchise groups or partnerships. Application for approval of trainers and establishments shall be made on a form provided by the board (Form #35A-03, Application for Licensure as a Licensed Apprentice and for Approval of Trainers and Establishments, Rev. 5/94).

(1) Establishments participating in training an apprentice in multiple locations under common ownership shall provide as part of the application process, a list of the establishment names, locations, board issued license numbers, names of officers and or owners.

(b) Qualifications for apprentice trainer approval:

(1) Licensee shall possess a current, valid license issued by the board.

(2) Licensee shall have no disciplinary actions pending against him/her nor be on probation resulting from a board disciplinary action nor have completed probation resulting from past disciplinary action within the two-year period immediately preceding his or her application to serve as an apprentice trainer.

(3) Licensee is not subject to denial pursuant to Section 480.

(4) The licensee has no unpaid fine issued pursuant to Article 12 of Chapter 10 of Division 3 of the Business and Professions Code.

(c) No apprentice shall work or train in an establishment until it has been approved by the board. Application for establishment approval shall be made on the same form specified in subdivision (a).

(d) Qualifications for establishment approval are:

(1) Establishment shall possess a current, valid license issued by the board.

(2) Establishment shall have no disciplinary actions pending against it nor be on probation resulting from a board disciplinary action nor have completed probation resulting from past disciplinary action within the two-year period immediately preceding its application for establishment approval.

(3) Is not subject to denial pursuant to Section 480.

(4) The licensee has no unpaid fine issued pursuant to Article 12 of Chapter 10 of Division 3 of the Business and Professions Code.

(5) If the establishment is participating to train an apprentice in multiple locations under common ownership, there shall be an agreement between the establishments to employ the apprentice.

(e) The board shall inform every person applying for approval to act as an apprentice trainer or an apprentice establishment in writing, within ten (10) days of receipt of the application (Form #35A-03, Application for Licensure as a Licensed Apprentice and for Approval of Trainers and Establishments, Revised 5/94), whether the application is complete or deficient and what specific information is required.

(1) When the information for a deficient application is returned to the board, the board shall decide within five (5) days of receipt whether the application is complete.

(2) If the application remains deficient, the board shall inform the applicant in writing, within five (5) days of receipt, of what specific information is required.

(f) The board shall notify the applicant, in writing, within thirty-five (35) days after the completed application has been received, whether the applicant meets the requirements for approval.

(g) The minimum, median and maximum times for processing a request for approval, from the time of receipt of the application until the Board of Barbering and Cosmetology decided to issue the license based upon actual performance of the board during the two years preceding the proposal of this section, were as follows:

(1) Minimum: 1 day

(2) Median: 15 days

(3) Maximum: 48 days

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7332, 7333, 7334 and 7336, Business and Professions Code.

920. Record of Apprentice Training

The apprentice trainer shall present a copy of apprentice daily work records to the board or its representatives upon demand. These work records shall include the name of the apprentice employed, the dates the apprentice worked, the number of hours worked and the work processes performed on those dates, and the trainer’s name.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7333 and 7334, Business and Professions Code.

921. Curriculum for Barber Apprentice Course

(a) The curriculum for an apprentice enrolled in a barbering apprenticeship course shall consist of 3,200 hours of technical instruction and practical training covering all practices of a barber pursuant to Section 7316 of the Barbering and Cosmetology Act.

(b) For the purpose of this section, technical instruction shall mean instruction by demonstration, lecture, classroom participation, or examination; practical operations shall mean the actual performance by the student of a complete service on another person or on a mannequin. Practical training shall mean the time it takes to perform a practical operation. Technical instruction and practical training shall include the following hours:

(1) 2,800 Hours of Technical Instruction and Practical Training in Hair Dressing

The required subjects of instruction in Hair Dressing shall be completed with the minimum hours of technical instruction and practical operations for each subject matter as follows:

Hairstyling (95 hours of Technical Instruction and 450 Practical Operations):

The subject of Hairstyling shall include, but is not limited to, the following techniques and procedures: Hair analysis, shampooing, finger waving, pin curling, comb outs, straightening, waving, curling with hot combs and hot curling irons and blower styling.

Permanent Waving and Chemical Straightening (40 hours of Technical Instruction and 120 Practical Operations):

The subject of Permanent Waving and Chemical Straightening shall include, but is not limited to, the following techniques and procedures: Hair analysis, acid and alkaline permanent waving, chemical straightening including the use of sodium hydroxide and other base solutions.

Hair Coloring and Bleaching (65 hours of Technical Instruction and 50 Practical Operations):

The subject of Hair Coloring and Bleaching shall include, but is not limited to, the following techniques and procedures (also including the use of semi-permanent, demi-permanent and temporary colors): Hair analysis, predisposition and strand tests, safety precautions, formula mixing, tinting, bleaching, high and low lights, and the use of dye removers.

Hair Cutting (20 hour of Technical Instruction and 300 Practical Operations):

The subject of Hair Cutting shall include, but is not limited to, the following techniques and procedures: Use of scissors, razor (shaper), electrical clippers/trimmers, and thinning (tapering) shears for wet and dry cutting.

(2) 200 Hours of Technical Instruction and Practical Training in Shaving

The required subjects of instruction in Shaving shall be completed with the minimum hours of technical instruction and practical operations for each subject matter as follows:

Preparation and Performance (100 hours of Technical Instruction and 40 Practical Operations)

The subject of Preparation and Performance shall include, but is not limited to the following techniques and procedures: Preparing the client’s hair for shaving, assessing the condition of the client’s skin, performing shaving techniques, applying after-shave antiseptic following facial services, massaging the client’s face and rolling cream massages.

(3) 200 Hours of Technical Instruction in Health and Safety

The required subjects of instruction in Health and Safety shall be completed with the minimum hours of technical instruction for each subject matter as follows:

Laws and Regulations (20 hours of Technical Instruction)

The subjects of Laws and Regulations shall include, but is not limited to, the following issues: The Barbering and Cosmetology Act and the Board’s Rules and Regulations.

Health and Safety Considerations (45 hours of Technical Instruction)

Health and Safety/hazardous substances including training in chemicals and health in establishments, material safety data sheets, protection from hazardous chemicals and preventing chemical injuries, health and safety laws and agencies, bacteriology and preventing communicable diseases including HIV/AIDS and Hepatitis B.

Disinfection and Sanitation (20 hours of Technical Instruction)

The subject of Disinfection and Sanitation shall include, but is not limited to, the following techniques and procedures: Disinfection and sanitation including proper procedures to protect the health and safety of the consumer as well as the technician, and proper disinfection procedures for equipment used in establishments.

Disinfection shall be emphasized throughout the entire training period and must be performed before use of all instruments and equipment.

Anatomy and Physiology (15 hours of Technical Instruction)

The subjects of Anatomy and Physiology shall include, but is not limited to, the following issues: Human Anatomy, Human Physiology.

(c) The Board recommends that schools provide training in the area of communication skills that includes professional ethics, salesmanship, client record-keeping, decorum, and basic tax information relating to booth renters, independent contractors, employees, and employers.

Note: Authority cited: Sections 7312 and 7334(f), Business and Professions Code. Reference: Sections 7316(a), 7321.5(d)(2), 7362(b), 7362.5(a) and 7389, Business and Professions Code; and Section 3078, Labor Code.

921.1. Curriculum for Cosmetology Apprenticeship Course

(a) The curriculum for an apprentice enrolled in a cosmetology apprenticeship course shall consist of 3,200 hours of technical instruction and practical training covering all practices constituting the art of cosmetology pursuant to Section 7316 of the Barbering and Cosmetology Act.

(b) For the purpose of this section, technical instruction shall mean instruction by demonstration, lecture, classroom participation, or examination; practical operations shall mean the actual performance by the student of a complete service on another person or on a mannequin. Practical training shall mean the time it takes to perform a practical operation. Technical instruction and practical training shall include the following hours:

(1) 2,600 Hours of Technical Instruction and Practical Training in Hair Dressing

The required subjects of instruction in Hair Dressing shall be completed with the minimum hours of technical instruction and practical operations for each subject-matter as follows:

Hairstyling (95 hours of Technical Instruction and 450 Practical Operations):

The subject of Hairstyling shall include, but is not limited to, the following techniques and procedures: Hair analysis, shampooing, finger waving, pin curling, comb outs, straightening, waving, curling with hot combs and hot curling irons, and blower styling.

Permanent Waving and Chemical Straightening (40 hours of Technical Instruction and 210 Practical Operations):

The subject of Permanent Waving and Chemical Straightening shall include, but is not limited to, the following techniques and procedures: Hair analysis, acid and alkaline permanent waving, chemical straightening including the use of sodium hydroxide and other base solutions.

Hair Coloring and Bleaching (65 hours Technical Instruction and 215 Practical Operations):

The subject of Hair Coloring and Bleaching shall include, but is not limited to, the following techniques and procedures (also including the use of semi-permanent, demi-permanent and temporary colors): Hair analysis, predisposition and strand tests, safety precautions, formula mixing, tinting, bleaching, high- and lowlights, and the use of dye removers.

Hair Cutting (20 hours Technical Instruction and 300 Practical Operations):

The subject of Hair Cutting shall include, but is not limited to, the following techniques and procedures: Use of scissors, razor (shaper), electrical clippers/trimmers, and thinning (tapering) shears for wet and dry cutting.

(2) 200 Hours of Technical Instruction in Health and Safety

The required subjects of instruction in Health and Safety shall be completed with the minimum hours of technical instruction for each subject-matter as follows:

Laws and Regulations (20 hours of Technical Instruction):

The subjects of Laws and Regulations shall include, but is not limited to, the following issues: The Barbering and Cosmetology Act and the Board’s Rules and Regulations.

Health and Safety Considerations (45 hours of Technical Instruction):

The subject of Health and Safety shall include, but is not limited to, the following techniques and procedures: Cosmetology chemistry including the chemical composition and purpose of cosmetic, nail, hair and skin care preparations. Elementary chemical makeup, chemical skin peels, and chemical and physical changes of matter. Hazardous substances including training in chemicals and health in establishments, protection from hazardous chemicals and preventing chemical injuries, ergonomics, theory of electricity in cosmetology, bacteriology, communicable diseases including HIV/AIDS, Hepatitis B, and staph and Material Safety Data Sheets.

Disinfection and Sanitation (20 hours of Technical Instruction):

The subject of Disinfection and Sanitation shall include, but is not limited to, the following techniques and procedures: Disinfection and sanitation including proper procedures to protect the health and safety of the consumer as well as the technician. Proper disinfection procedures for equipment used in establishments.

Disinfection shall be emphasized throughout the entire training period and must be performed before use of all instruments and equipment.

Anatomy and Physiology (15 hours of Technical Instruction):

The subjects of Anatomy and Physiology shall include, but is not limited to, the following issues: Human Anatomy, Human Physiology.

(3) 200 Hours of Technical Instruction and Practical Training in Esthetics

The required subjects of instruction in Esthetics shall be completed with the minimum hours of technical instruction and practical operations for each subject matter as follows:

Manual, Electrical and Chemical Facials (25 hours of Technical Instruction and 65 Practical Operations):

The subject of manual, electrical and chemical facials shall include, but is not limited to, the following techniques and procedures: Manual Facials including cleansing, scientific manipulations, packs, and masks. Electrical Facials include the use of electrical modalities, dermal lights and electrical apparatus for facials and skin care purposes; however, machines capable of producing an electrical current shall not be used to stimulate so as to contract, or for the purpose of contracting, the muscles of the body or face. Chemical Facials include chemical skin peels, packs, masks and scrubs. Training shall emphasize that only the non-living, uppermost layers of facial skin, known as the epidermis, may be removed, and only for the purpose of beautification. All practical operations must be performed in accordance with Section 992 regarding skin exfoliation.

Eyebrow Beautification and Makeup (25 hours Technical Instruction and 55 Practical Operations):

The subject of Eyebrow Beautification shall include, but is not limited to the following issues: Eyebrow Arching and Hair Removal, including the use of wax, tweezers, electric or manual, and depilatories for the removal of superfluous hair.

The subject of Makeup shall include, but is not limited to, the following issues: skin analysis, complete and corrective makeup, lash and brow tinting, and the application of false eyelashes.

(4) 200 Hours of Technical Instruction and Practical Training in Manicuring and Pedicuring

The required subjects of instruction in Manicuring and Pedicuring shall be completed with the minimum hours of technical instruction and practical operation for each subject matter as follows:

Manicuring and Pedicuring (10 hours Technical Instruction and 34 Practical Operations):

The subject of Manicuring and Pedicuring shall include, but are not limited to, the following issues: Water and oil manicure, including nail analysis, and hand/foot and arm/ankle massage.

Artificial Nails and Wraps (25 hours Technical Instruction and 120 (nails) Practical Operations):

Artificial nails including acrylic: liquid and powder brush-ons, artificial nail tips, and nail wraps and repairs.

(c) The board recommends that schools provide training in the area of communication skills that includes professional ethics, salesmanship, decorum, record keeping, and client service records.

Note: Authority cited: Sections 7312 and 7334(f), Business and Professions Code. Reference: Sections 7316(b), 7321(d)(5), 7362(b), 7362.5(b) and 7389, Business and Professions Code; and Section 3078, Labor Code.

921.2. Curriculum for Electrolysis Apprenticeship Course

(a) The curriculum for an apprentice enrolled in an electrology apprenticeship course shall consist of 3,200 hours of technical instruction and practical training covering all practices constituting the art of electrology pursuant to section 7316 of the Barbering and Cosmetology Act.

(b) For the purpose of this section, technical instruction shall mean instruction by demonstration, lecture, classroom participation, or examination; practical operations shall mean the actual performance by the student of a complete service on another person. Practical training shall mean the time it takes to perform a practical operation. Technical instruction and practical training shall include the following hours:

(1) 400 Hours of Technical Instruction and Practical training in Electrolysis, Thermolysis, Blend/Dual Modality and Electricity

The required subjects of instruction in electrolysis, thermolysis, blend/dual modality and electricity shall be completed with the minimum hours of technical instruction and practical operations for each subject matter as follows:

Electrolysis (45 hours of Technical Instruction and 120 Practical Operations)

The subject of Electrolysis shall include the study of epilation using single and multiple-needle insertion techniques, the use of galvanic current, skin reactions and anaphoresis and cataphoresis, and evaluating a client’s health history for compatibility with electrolysis treatments.

Thermolysis (45 hours of Technical Instruction and 120 Practical Operations)

The subject of Thermolysis shall include the study of epilation using automatic and manual thermolysis equipment, insertion techniques, the use of high-frequency current in both high and low intensities, skin reactions, and evaluating a client’s health history for compatibility with thermolysis treatments.

Blend/Dual Modality (45 hours of Technical Instruction and 120 Practical Operations)

The subject of Blend/Dual Modality shall include the study of epilation using a combination of high frequency and galvanic currents, insertion techniques, skin reactions and anaphoresis and cataphoresis, and evaluating a client’s health history for compatibility with Blend/Dual Modality treatments.

Electricity (15 hours of Technical Instruction)

The subject of Electricity shall include the nature of electrical current; principles of operating electrical devices; various safety precautions to be applied when operating electrical equipment, and proper maintenance of equipment.

(2) 200 Hours of Technical Instruction in Health and Safety

The required subjects of instruction in Health and Safety shall be completed with the minimum hours of technical instruction for each subject-matter as follows:

Laws and Regulations (20 hours of Technical Instruction)

The subject of Laws and Regulations shall include, but is not limited to, the following issues: the Barbering and Cosmetology Act and the Board’s Rules and Regulations.

Health and Safety Considerations (45 hours of Technical Instruction)

The subject of Health and Safety shall include, but is not limited to, bacteriology, and HIV/AIDS, hepatitis, herpes, staphylococcal infections and other communicable diseases and their prevention, ergonomics, electrical safety, and material safety data sheets.

Sterilization (25 hours of Technical Instruction)

The subject of Sterilization shall include, but is not limited to, the study of proper procedures and techniques for protecting the health and safety of the consumer as well as the technician, and sanitizing equipment used in establishments. Sterilization and sanitation shall be emphasized throughout the entire training period and must be performed on all instruments and equipment before use. Sterilization times and dates should be monitored and recorded.

Anatomy and Physiology (25 hours of Technical Instruction)

The subjects of Anatomy and Physiology shall include, but is not limited to, human anatomy and physiology, dermatology and the analysis of skin and hair, and the study of the circulatory, nervous, and endocrine systems.

(c) The board recommends that schools provide training in the area of communication skills that includes professional ethics, consultation, pre- and post-treatment care, salesmanship, decorum, record keeping, client service records, business skills, and basic tax information relating to independent contractors, employees and employers.

Note: Authority cited: Sections 7312 and 7334(f), Business and Professions Code. Reference: Sections 7316(f), 7330(d)(3), 7362(b), 7366 and 7389, Business and Professions Code; and Section 3078, Labor Code.

922. Transfers

An apprentice may request from the program sponsor, a transfer from one approved related training class to another or from one approved establishment and trainer to another. The apprentice and the program sponsor shall notify the board within five days of any transfer.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7333 and 7336, Business and Professions Code.

923. Surrender of License

Apprentices who successfully pass the licensing examination or terminate their enrollment in the apprentice training program or whose apprentice enrollment expires shall return to the board any apprentice license and identification photograph previously issued to them.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7335, Business and Professions Code.

924. Completion of Apprentice Training Program

(a) Upon successful completion or discontinuance of an apprenticeship program, the apprenticeship program sponsor shall issue to the apprentice a certificate of apprenticeship completion or discontinuance. The certificate of apprenticeship completion or discontinuance shall be signed by the instructor, the apprentice and the apprenticeship program sponsor.

(b) The certificate of apprenticeship completion or discontinuance shall be a document prepared by the program sponsor that contains all of the following:

(1) Course title.

(2) The apprentice’s name, address, telephone number and date of birth.

(3) The apprentice license number and social security number.

(4) The program sponsor name and sponsor code issued by the board.

(5) The total number of related training hours completed.

(6) The date the apprentice training was completed or discontinued.

(7) The total number of hours of on-the-job training the apprentice has completed designated by subject matter.

(8) Any training received in a prior board-approved apprenticeship program.

(9) A statement confirming that the apprentice has or has not met the course curriculum requirements.

(10) A statement dated and signed under penalty of perjury that all the information on the document is true and correct. The statement shall be worded as follows:

"We, the undersigned, certify under penalty of perjury under the laws of the state of California, that all the information contained herein is true and correct."

(c) Apprentices shall submit the certificate of apprenticeship completion and all other qualifying documents with their application to take the licensing examination.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7321, 7321.5, 7324, 7326, 7330, 7333 and 7337, Business and Professions Code.

925. Statement of Trainer Responsibilities

The owner of the establishment where the apprenticeship is being conducted shall inform, in writing, an employee who is an apprentice trainer of the employee’s responsibilities as a trainer. The statement of trainer responsibilities shall include, but not be limited to, those provisions specified in subdivisions (a), (b), (c), (d) and (e) of Section 3078 of the Labor Code. The statement of trainer responsibilities shall be signed by the establishment owner and the apprentice trainer and maintained on the premises of the establishment. The statement of trainer responsibilities shall be presented to the board or its representative upon request.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7332, 7333 and 7336, Business and Professions Code.

926. Apprenticeship Credit for Prior Training

(a) An apprentice who desires to establish eligibility for examination pursuant to Sections 7321 through 7330 of the Business and Professions Code for a license in this state based in part on training received in a prior California apprenticeship program shall furnish proof of his or her qualifications as follows:

(1) The prior training must have taken place in an apprenticeship program approved by the board.

(2) The prior training must have taken place within three years immediately preceding re-enrollment in an apprenticeship program approved by the board.

(3) A valid Certificate of Completion or Discontinuance signed by the apprentice, trainer, school representative and program sponsor must be presented to the enrolling program sponsor before prior credit can be granted.

(4) Upon completion of the thirty-two hundred (3,200) hour apprenticeship training course, a valid Certificate of Completion or Discontinuance for each enrollment period must accompany the application for examination.

(b) An apprentice must leave the approved program in good standing to obtain credit for the training received. Good standing is defined as:

(1) Has not been terminated from employment for inappropriate activity.

(2) Has returned the apprentice license to the program sponsor for forwarding to the board.

(3) Has attended related and supplemental training classes pursuant to section 915 CCR.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7333, 7334 and 7345, Business and Professions Code.

Article 4. Examinations

928. Preapplication for Examination

(a) A preapplication for examination must be submitted to the board postmarked within 7 calendar days from the day the applicant completed 75 percent of the required course hours and curriculum requirements (60 percent for students of the manicurist course) from an approved barbering, cosmetology or electrology school, or any person licensed as an apprentice in barbering, cosmetology, skin care, or nail care who has completed at least 75 percent of the required apprenticeship training hours.

(b) A preapplication for examination shall be in writing, on a form prepared by the board (Form PRE1, Request for Pre-Application, Rev. 1/05).

(c) The preapplication form shall be submitted with the following:

(1) The required preapplication fee specified in Section 998;

(2) The application for examination, including the required fee and all proof of qualifications of the applicant for examination, except the proof of training document specified in Section 909 or (for apprentices) the certificate of apprenticeship completion specified in Section 924.

(3) A stamped envelope, addressed to the school from which the applicant completed training or to the apprentice program sponsor from which the applicant completed training.

(d) The preapplication form shall include an anticipated date that the student/apprentice shall complete his/her course of study/apprenticeship, and a statement, signed by the student/apprentice and the school/apprentice program sponsor and certified to under penalty of perjury, that the student/apprentice has completed the curriculum requirements and number of clock hours required to submit a preapplication.

(e) Within 30 calendar days of receipt of the preapplication the board shall notify the applicant in writing, at the school/apprentice program sponsor from which the applicant completed training, that the preapplication is either complete or is deficient and what information or documentation is required to complete the application.

(1) If the application is complete, the notification (that portion of form PRE1 filled out by the board) shall also contain the applicant’s scheduled examination date.

(2) If a preapplication is deficient, the applicant shall not be scheduled for examination with the pre application population until the deficiencies are corrected and the application is resubmitted.

(f) The proof of training document/certificate of apprenticeship completion and the portion of form PRE1 filled out by the board must be mailed to the board, postmarked within three working days after the applicant’s anticipated date of course/apprenticeship completion. If this requirement is not met, the applicant will not be permitted to be examined on the scheduled date and the applicant will be scheduled for examination with the general application population.

(g) Within ten working days of receipt of the proof of training document/certificate of apprenticeship completion, the board shall notify the applicant in writing or documentation is required to complete the document.

(1) If the proof of training document/certificate of apprenticeship completion is complete, the board will mail an examination admission letter to the applicant.

(2) If the proof of training document/certificate of apprenticeship completion is deficient, the applicant will not be permitted to be examined on the scheduled date and will be rescheduled for examination at the time of receipt of a complete proof of training document/certificate of apprenticeship completion.

Note: Authority cited: Sections 7312 and 7337.5, Business and Professions Code. Reference: Section 7337.5, Business and Professions Code.

931. Interpreter and Interpreter/Model

(a) An applicant for the barber, cosmetologist, esthetician, manicurist, or electrologist examination may use an Interpreter or an Interpreter/Model during examination if the applicant is unable to speak, read, or write in the English language at a 10th grade level.

(b) The applicant shall file with the application for examination, or not later than thirty (30) days prior to the date of the examination, a notice of permission to use an Interpreter or Interpreter/Model on a form prescribed by the board (Form #03B-125, Form G, Request for Use of an Interpreter or Interpreter/Model, Rev. 8/94) and executed by the applicant under penalty of perjury.

(c) The person designated by the applicant to act as an Interpreter or an Interpreter/Model shall file with the board, not later than fifteen (15) days prior to the date of the examination and on a form prescribed by the board (Form #03A-126, Form H, Rev 8/94) and executed by the person under oath or penalty of perjury, a request to act as an interpreter or an interpreter/model, along with two 1 1/2 x 1 1/2 inch signed photographs of himself or herself.

(d) The Interpreter or Interpreter/Model shall be a person who is fluent both in English and in the native language of the applicant and must certify to this fact in writing under penalty of perjury.

(e) An Interpreter may interpret only for the written portion of the examination.

(f) An Interpreter/Model may interpret for the written and practical portions of the examination and shall serve as the model for the practical examination.

(g) A person shall be allowed to act as an Interpreter or Interpreter/Model only once in two (2) years in any examination.

(h) An Interpreter shall not be used in the barber or cosmetology instructor examinations.

(i) Disabled persons are entitled to access to examination activities in a manner that is equal to that offered non-disabled persons and reasonable accommodation will be provided all such persons with medically-certified documentation.

(j) The following persons are prohibited from acting as Interpreter or Interpreter/Models:

(1) Persons less than 15 years of age.

(2) Persons who are current or former students in barbering or any of the branches of cosmetology.

(3) Persons who are currently or have been formerly licensed as an operator or an instructor by this state or any other state in barbering or any of the branches of cosmetology.

(4) Persons who are currently or have been formerly enrolled in a barber apprentice training program.

(5) Persons who are currently or have been formerly enrolled in a cosmetologist apprentice training program.

(6) Persons who have been formerly Junior Operators or Junior Electrologists.

(7) Persons who are currently or have been formerly owners or employees of any school of barbering, cosmetology or electrology.

(k) For a period of one (1) year from the date that any person served as an Interpreter or Interpreter/Model, that person shall be ineligible to apply to the Board of Barbering and Cosmetology for a license in barbering or any of the branches of cosmetology from which he or she provided Interpreter or Model services.

(l) If the board determines that any of the information furnished pursuant to this section is false in a material respect, it may void the applicant’s examination, if any.

(m) Persons who are only reading the examination to the applicant, but not interpreting to another language, will not be permitted.

(n) If the board determines that an Interpreter or Interpreter/Model is providing answers during the examination or any other material assistance to the applicant other than translating during the conduct of the examination, it shall disqualify the Interpreter or Interpreter/Model and void the applicant’s examination.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7338 and 7340, Business and Professions Code.

932. Passing Grades in Examinations

(a) Examinations shall consist of a practical demonstration and a written test.

(b) An applicant must obtain a passing score on both the practical demonstration and the written test. The board will determine the passing scores using a criterion- referenced method and based on the recommendation of subject matter experts under the direction of the Board and the Board’s examination contractor.

Note: Authority cited: Sections 7312, 7338 and 7340, Business and Professions Code. Reference: Sections 7338 and 7340, Business and Professions Code.

934. Examination Appeal

(a) An applicant who has received a fail score on the written or practical examination shall be eligible to appeal to the board for a review of his or her examination results.

(b) The appeal shall be filed with the board within fifteen (15) days after the date of notification of his or her examination results. The appeal shall be made in writing, and it shall state the reason for appeal. The board shall only consider appeals regarding significant procedural error in or adverse environmental conditions during the test administration.

(c) The review of the appeal shall be conducted by one or more board members, or the board’s designee, to determine if there is clear and convincing evidence to sustain the applicant’s appeal. Such findings shall be subject to the approval of the board.

(d) Within thirty (30) days after the board has approved the determination on appeal, the applicant shall be notified in writing of the results of his or her appeal. In acting on appeals, the board may take such action as it deems appropriate, including the issuance of a license where the board has determined that the applicant has demonstrated the required competence.

Note: Authority cited: Sections 7312 and 7340, Business and Professions Code. Reference: Sections 7340 and 7341, Business and Professions Code.

Article 5. Mobile Units

937. Licensing and Operation

(a) An application for a license to operate a mobile unit shall be on a form prescribed and provided by the board (Form #03A-202, Application for License to Operate A Mobile Unit, Rev 1/93), accompanied by such evidence, statements, or documents as required by Section 7355(b) of the Business and Professions Code.

(b) The geographical boundaries within which the mobile unit is licensed to operate shall include only the cities and counties within which the mobile unit has permits to provide services, and shall extend no further than a 50 mile radius from the permanent base address from which the mobile unit operates.

(c) All Health and Safety Rules governing barbering and cosmetology establishments (as contained in Article 12 of these regulations) shall apply to mobile units unless otherwise specified.

(d) All storage cabinet doors shall have safety catches.

(e) All equipment which is not stored in storage cabinets shall be securely anchored to the mobile unit.

(f) No services shall be performed while the mobile unit is in motion.

(g) A ramp or lift shall be provided for access to the mobile unit if providing services for disabled individuals.

(h) The owners of mobile units shall be responsible for adherence to all local, state and federal laws and regulations regarding the operation of vehicles to be used as mobile units.

(i) An itinerary showing dates, locations, and times of service shall be made available, upon request, to an authorized representative of the board.

(j) The board shall inform the applicant in writing that the application is either complete and accepted for filing or that it is deficient and what specific information or documentation is required to complete the application within 10 calendar days of receipt of an application for a license to operate a mobile unit.

(k) The board shall inform the applicant in writing of its decision regarding an application within 21 calendar days from the date of filing of a completed application. The decision is contingent upon the applicant scheduling an appointment with the board, or its representative, for an inspection of the mobile unit for final approval, pursuant to section 7355(a) of the Business and Professions Code, within seven calendar days of receipt of the notice of a completed application.

(l) The inspection for final approval shall be conducted to ensure compliance with Sections 7345 and 7357(b) of the Business and Professions Code.

Note: Authority cited: Sections 7312 and 7357, Business and Professions Code. Reference: Sections 7345, 7355 and 7357, Business and Professions Code.

Article 6. Schools

940. Equipment for Schools

(a) The minimum equipment for a school of cosmetology shall be as follows:

(1) Electrical equipment for giving instruction in skin care and electrical facials.

NOTE: Equipment shall not be used to stimulate so as to contract, or for the purpose of contracting, the muscles of the body or face.

(2) Mannequins, with full head of hair, 10

(3) Time clocks or time scanner, 1

(4) Shampoo bowls, 5

(5) Dryers, 6

(6) Facial chairs or facial couches: 2

(7) Manicure stations, 6

(8) Thermal hair straighteners

(a) Non-electric comb, 3

(b) Stove (for non-electric combs), 1

(c) Electric curling iron, 1

(d) Non-electric curling iron (at least two sizes), 3

(e) Stove (for non-electric curling irons), 1

(9) Hairstyling or barber chairs, 15

(b) The minimum equipment for a school of barbering shall be as follows:

(1) Mannequins, with full head of hair, 7

(2) Time clock or time scanner, 1

(3) Shampoo bowls, 3

(4) Dryers, 4

(5) Hairstyling or barber chairs, 8

(6) Electric curling iron, 1

(7) Non-electric comb, 1

(8) Non-electric curling irons (at least two sizes), 2

(9) Stove (for non-electric combs), 1

(10) Towel steamer, 1

(c) The minimum equipment for a school of electrolysis shall be as follows:

(1) Time clock or time scanner, 1

(2) Sinks for hand-washing, 2

(3) Service tables, 3

(4) Electrolysis epilators:

(a) High-frequency thermolysis, 2

(b) Blend epilator, 2

(c) Multiple needle, 1

(5) Magnifying lamp/loupes/binocular magnifier, 3

(6) Stools with adjustable height, 3

(7) Utility stands, 3

(8) Sharps container, 1/table

(9) Dry heat sterilizer, 1

(10) Autoclave sterilizer, 1

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7362.1, 7362.2 and 7362.3, Business and Professions Code.

941. Approval of Schools

(a) To obtain board approval, a private postsecondary school shall submit to the board a request for approval that shall consist of the following:

(1) A document, signed by the owner or owners of the school and certified under penalty of perjury, stating that the school will provide a course of instruction approved by the board and, for cosmetology schools, that all requirements of section 7362.1 of the Business and Professions Code relative to school approval have been met.

(2) A copy of the valid, current Institutional Approval Certificate issued to the school by the Bureau for Private Postsecondary and Vocational Education.

(b) Within ten working days after receipt of the request for approval as specified in subdivision (a), the board shall notify the school in writing that either the approval is granted or that the request for approval is deficient and what information is required to make the request for approval complete.

(c) The provisions of subdivision (a) must be met for all new schools and schools that have changed ownership or location.

(d) If an approved school no longer meets the requirements of sections 7362 or 7362.1 of the Business and Professions Code, it must notify the board in writing within seven calendar days of what provisions it does not meet.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7362 and 7362.1, Business and Professions Code.

Article 7. Continuing Education

950.1. Curriculum for Barbering Course

(a) The curriculum for students enrolled in a barbering course shall consist of fifteen hundred (1500) hours of technical instruction and practical training covering all practices of a barber pursuant to Section 7316 of the Barbering and Cosmetology Act.

(b) For the purpose of this section, technical instruction shall mean instruction by demonstration, lecture, classroom participation, or examination; practical operations shall mean the actual performance by the student of a complete service on another person or on a mannequin. Practical training shall mean the time it takes to perform a practical operation. Technical instruction and practical training shall include the following hours:

(1) 1100 Hours of Technical Instruction and Practical Training in Hair Dressing

The required subjects of instruction in Hair Dressing shall be completed with the minimum hours of technical instruction and practical operations for each subject-matter as follows:

Hairstyling (65 hours of Technical Instruction and 240 Practical Operations):

The subject of Hairstyling shall include, but is not limited to, the following techniques and procedures: Hair analysis, shampooing, finger waving, pin curling, comb outs, straightening, waving, curling with hot combs and hot curling irons and blower styling.

Permanent Waving and Chemical Straightening (40 hours of Technical Instruction and 105 Practical Operations):

The subject of Permanent Waving and Chemical Straightening shall Include, but is not limited to, the following techniques and procedures: Hair analysis, acid and alkaline permanent waving, chemical straightening including the use of sodium hydroxide and other base solutions.

Hair Coloring and Bleaching (60 hours of Technical Instruction and 50 Practical Operations):

The subject of Hair Coloring and Bleaching shall include, but is not limited to, the following techniques and procedures (also including, the use of semi- permanent, demi-permanent and temporary colors): Hair analysis, predisposition and strand tests, safety precautions, formula mixing, tinting, bleaching, high and low lights, and the use of dye removers.

Hair Cutting (20 hour of Technical Instruction and 80 Practical Operations):

The subject of Hair Cutting shall include, but is not limited to, the following techniques and procedures: Use of scissors, razor (shaper), electrical clippers/trimmers, and thinning (tapering) shears for wet and dry cutting.

(2) 200 Hours of Technical Instruction and Practical Training in Shaving

The required subjects of instruction in Shaving shall be completed with the minimum hours of technical instruction and practical operations for each subject-matter as follows:

Preparation and Performance (100 hours of Technical Instruction and 40 Practical Operations)

The subject of Preparation and Performance shall include, but is not limited to the following techniques and procedures: Preparing the client’s hair for shaving, assessing the condition of the client’s skin, performing shaving techniques, applying after-shave antiseptic following facial services, massaging the client’s face, rolling cream massages.

(3) 200 Hours of Technical Instruction in Health and Safety

The required subjects of instruction in Health and Safety shall be completed with the minimum hours of technical instruction for each subject-matter as follows:

Laws and Regulations (20 hours of Technical Instruction)

The subjects of Laws and Regulations shall include, but is not limited to, the following issues: The Barbering and Cosmetology Act and the Board’s Rules and Regulations.

Health and Safety Considerations (45 hours of Technical Instruction)

Health and Safety/hazardous substances including training in chemicals and health in establishments, material safety data sheets, protection from hazardous chemicals and preventing chemical injuries, health and safety laws and agencies, bacteriology and preventing communicable diseases including HIV/AIDS and Hepatitis B.

Disinfection and Sanitation (20 hours of Technical Instruction)

The subject of Disinfection and Sanitation shall include, but is not limited to the following techniques and procedures: Disinfection and sanitation including proper procedures to protect the health and safety of the consumer as well as the technician, proper disinfection procedures for equipment used in establishments.

Disinfection shall be emphasized throughout the entire training period and must be performed before use of all instruments and equipment.

Anatomy and Physiology (15 hours of Technical Instruction)

The subjects of Anatomy and Physiology shall include, but is not limited to the following issues: Human Anatomy, Human Physiology.

(c) The Board recommends that schools provide training in the area of communication skills that includes professional ethics, salesmanship, client record- keeping, decorum, basic tax information relating to booth renters, independent contractors, employees, and employers.

Note: Authority cited: Section 7312 and 7362(b), Business and Professions Code. Reference: Sections 7316, 7321.5(d)(1), 7362.5(a) and 7389, Business and Professions Code.

950.2. Curriculum for Cosmetology Course

(a) The curriculum for students enrolled in a cosmetology course shall consist of 1,600 hours of technical instruction and practical training covering all practices constituting the art of cosmetology pursuant to Section 7316 of the Barbering and Cosmetology Act.

(b) For the purpose of this section, technical instruction shall mean instruction by demonstration, lecture, classroom participation, or examination; practical operation shall mean the actual performance by the student of a complete service on another person or on a mannequin. Practical training shall mean the time it takes to perform a practical operation. Technical and practical training shall include the following hours and/or operations:

(1) 1,100 Hours of Technical Instruction and Practical Training in Hair Dressing

The required subjects of instruction in Hair Dressing shall be completed with the minimum hours of technical instruction and practical operations for each subject matter as follows:

Hairstyling (65 hours of Technical Instruction and 240 Practical Operations)

The subject of Hairstyling shall include, but is not limited to, the following techniques and procedures: Hair analysis, shampooing, finger waving, pin curling, comb outs, straightening, waving, curling with hot combs and hot curling irons and blower styling.

Permanent Waving and Chemical Straightening (40 hours of Technical Instruction and 105 Practical Operations)

The subject of Permanent Waving and Chemical Straightening shall include, but is not limited to, the following techniques and procedures: Hair analysis, acid and alkaline permanent waving, chemical straightening including the use of sodium hydroxide and other base solutions.

Hair Coloring and Bleaching (60 hours of Technical Instruction and 50 Practical Operations)

The subject of Hair Coloring and Bleaching shall include, but is not limited to, the following techniques and procedures (also including the use of semi-permanent, demi-permanent and temporary colors): Hair analysis, predisposition and strand tests, safety precautions, formula mixing, tinting, bleaching, high- and lowlights, and the use of dye removers.

Hair Cutting (20 hours of Technical Instruction and 80 Practical Operations)

The subject of Hair Cutting shall include, but is not limited to, the following techniques and procedures: Use of scissors, razor (shaper), electrical clippers/trimmers, and thinning (tapering) shears for wet and dry cutting.

(2) 200 Hours of Technical Instruction in Health and Safety

The required subjects of instruction in Health and Safety shall be completed with the minimum hours of technical instruction for each subject matter as follows:

Laws and Regulations (20 hours of Technical Instruction)

The subjects of Laws and Regulations shall include, but is not limited to, the following issues: The Barbering and Cosmetology Act and the Board’s Rules and Regulations.

Health and Safety Considerations (45 hours of Technical Instruction)

The subject of Health and Safety shall include, but is not limited to, the following techniques and procedures: Cosmetology chemistry including the chemical composition and purpose of cosmetic, nail, hair and skin care preparations. Elementary chemical makeup, chemical skin peels and chemical and physical changes of matter.

Hazardous substances including training in chemicals and health in establishments, protection from hazardous chemicals and preventing chemical injuries, ergonomics, theory of electricity in cosmetology, bacteriology, communicable diseases, including HIV/AIDS, Hepatitis B, and staph and Material Safety Data Sheets.

Disinfection and Sanitation (20 hours of Technical Instruction)

The subject of Disinfection and Sanitation shall include, but is not limited to the following techniques and procedures: Disinfection and sanitation including proper procedures to protect the health and safety of the consumer as well as the technician. Proper disinfection procedures for equipment used in establishments.

Disinfection shall be emphasized throughout the entire training period and must be performed before use of all instruments and equipment.

Anatomy and Physiology (15 hours of Technical Instruction)

The subjects of Anatomy and Physiology shall include, but is not limited to, the following issues: Human Anatomy, Human Physiology.

(3) 200 Hours of Technical Instruction and Practical Training in Esthetics

The required subjects of instruction in Esthetics shall be completed with the minimum hours of technical instruction and practical operations for each subject matter as follows:

Manual, Electrical and Chemical Facials (25 hours of Technical Instruction and 40 Practical Operations)

The subject of manual, electrical and chemical facials shall include, but is not limited to, the following techniques and procedures: Manual Facials including cleansing, scientific manipulations, packs, and masks. Electrical Facials include the use of electrical modalities, dermal lights and electrical apparatus, for facials and skin care purposes; however, machines capable of producing an electrical current shall not be used to stimulate so as to contract, or for the purpose of contracting, the muscles of the body or face. Chemical Facials include chemical skin peels, packs, masks and scrubs. Training shall emphasize that only the non-living, uppermost layers of facial skin, known as the epidermis, may be removed, and only for the purpose of beautification. All practical operations must be performed in accordance with Section 992 regarding skin peeling.

Eyebrow Beautification and Makeup (25 hours of Technical Instruction and 30 Practical Operations)

The subject of Eyebrow Beautification shall include, but is not limited to, the following issues: Eyebrow Arching and Hair Removal, including the use of wax, tweezers, electric or manual, and depilatories for the removal of superfluous hair.

The subject of Makeup shall include, but is not limited to, the following issues: skin analysis, complete and corrective makeup, the application of false eyelashes, and lash and brow tinting, if a product exists that is not disapproved, prohibited or banned by the U.S. Food and Drug Administration, the Occupational Safety and Health Administration, or the U.S. Environmental Protection Agency.

(4) 100 Hours of Technical Instruction and Practical Training in Manicuring and Pedicuring

The required subjects of instruction in Manicuring and Pedicuring shall be completed with the minimum hours of technical instruction and practical operation for each subject matter as follows:

Manicuring and Pedicuring (10 hours of Technical Instruction and 25 Practical Operations)

The subject of Manicuring and Pedicuring shall include, but are not limited to, the following issues: Water and oil manicure, including nail analysis, and hand/foot and arm/ankle massage.

Artificial Nails and Wraps (25 hours of Technical Instruction and 120 (nails) Practical Operations)

Artificial nails including acrylic, liquid and powder brush-ons, artificial nail tips and nail wraps and repairs

(c) The Board recommends that schools provide training in the area of communication skills that includes professional ethics, salesmanship, decorum, record keeping, and client service records.

Note: Authority cited: Sections 7312, 7362 and 7362.1 (c), Business and Professions Code. Reference: Sections 7316(b), 7321(d)(1), 7362, 7362.5(b) and 7389, Business and Professions Code.

950.3. Curriculum for Skin Care Course

(a) The curriculum for students enrolled in a skin care course shall consist of six hundred (600) hours of technical instruction and practical training covering all practices of an esthetician pursuant to Section 7316 of the Barbering and Cosmetology Act.

(b) For the purpose of this section, technical instruction shall mean instruction by demonstration, lecture, classroom participation, or examination; practical operations shall mean the actual performance by the student of a complete service on another person or on a mannequin. Practical training shall mean the time it takes to perform a practical operation. Technical instruction and practical training shall include the following hours:

(1) 350 Hours of Technical Instruction and Practical Training in Facials

The required subjects of instruction in Facials shall be completed with the minimum hours of technical instruction and practical operations for each subject-matter as follows:

Manual, Electrical and Chemical Facials (70 Hours of Technical Instruction and 140 Practical Operations)

The subject of manual, electrical and chemical facials shall include, but is not limited to the following techniques and procedures: Manual Facials including cleansing, scientific manipulations, packs, and masks. Electrical Facials include the use of electrical modalities, dermal lights and electrical apparatus, for facials and skin care purposes; however, machines capable of producing an electrical current shall not be used to stimulate so as to contract, or for the purpose of contracting, the muscles of the body or face. Chemical Facials include chemical skin peels, packs, masks and scrubs. Training shall emphasize that only the non-living, uppermost layers of facial skin, known as the epidermis, may be removed, and only for the purpose of beautification. All practical operations must be performed in accordance with Section 992 regarding skin peeling.

Preparation (15 hours of Technical Instruction)

The subject of Preparation shall include, but not be limited to the following issues: Client consultation, intake procedures, contraindications, professionalism, client record keeping, pre and post operative care, CPR/AED, salon and spa skills.

(2) 200 Hours of Technical Instruction in Health and Safety

The required subjects of instruction in Health and Safety shall be completed with the minimum number of hours of technical instruction for each subject-matter as follows:

Laws and Regulations (10 hours of Technical Instruction)

The subject of Laws and Regulations shall include, but is not limited to, the following issues: The Barbering and Cosmetology Act and the Board’s Rules and Regulations.

Health and Safety Considerations (40 hours of Technical Instruction)

The subject of Health and Safety shall include, but is not limited to, the following techniques and procedures: Training in chemicals and health in establishments, material safety data sheets, protection from hazardous chemicals and preventing chemical injuries, health and safety laws and agencies, communicable diseases including HIV/AIDS and Hepatitis B. Chemical composition and purpose of cosmetic and skin care preparation. Elementary chemical makeup, chemical skin peels, physical and chemical changes of matter. Electrical current, principles of operating electrical devices, and the various safety precautions used when operating electrical equipment.

Disinfection and Sanitation (10 hours of Technical Instruction)

The subject of Disinfection and Sanitation shall include, but is not limited to, the following techniques and procedures: Procedures to protect the health and safety of the consumer as well as the technician. Proper disinfection procedures for equipment used in establishments.

Disinfection shall be emphasized throughout the entire training period and must be performed before use of all instruments and equipment.

Anatomy and Physiology (15 Hours of Technical Instruction)

The subjects of Anatomy and Physiology shall include, but is not limited to the following issues: Human Anatomy, Human Physiology, Bacteriology, skin analysis and conditions.

(3) 50 Hours of Technical Instruction and Practical Training in Hair Removal and Make-up

The required subjects of instruction in Hair Removal shall be completed with the minimum hours of technical instruction and practical operations for each subject-matter as follows:

Eyebrow Beautification (25 hours of Technical Instruction and 50 Practical Operations)

The subject of Eyebrow Beautification shall include, but is not limited to, the following issues: Eyebrow shaping and hair removal techniques, hair analysis, waxing, tweezing, manual or electrical depilatories.

Make-up (20 hours of Technical Instruction and 40 Practical Operations)

The subject of Make-up shall include, but is not limited to, the following issues: Skin analysis, basic and corrective application, application of false eyelashes.

(c) The Board recommends that schools provide training in the area of communication skills that includes professional ethics, salesmanship, decorum, record keeping, client service records, basic tax information relating to booth renters, independent contractors, employees, and employers.

Note: Authority cited: Sections 7312, 7362 and 7364, Business and Professions Code. Reference: Sections 7316(c)(1), 7324(d)(1), 7362, 7364 and 7389, Business and Professions Code.

950.4. Curriculum for Nail Care Course

(a) The curriculum for students enrolled in a nail care course shall consist of not less than four hundred (400) hours of technical instruction and practical training covering all practices of a manicurist, pursuant to Section 7316 of the Barbering and Cosmetology Act.

(b) For the purpose of this section, technical instruction shall mean instruction by demonstration, lecture, classroom participation, or examination; practical operations shall mean the actual performance by the student of a complete service on another person or on a mannequin. Practical training shall mean the time it takes to perform a practical operation. Technical instruction and practical training shall include the following hours:

(1) 300 Hours of Technical Instruction and Practical Training in Nail Care

The required subjects of instruction in Nail Care shall be completed with the minimum hours of technical instruction and practical operations for each subject matter as follows:

Manicures and Pedicures (60 hours of Technical Instruction, 60 Practical Operations and 180 nails)

The subject of Manicures and Pedicures shall include, but is not limited to, the following techniques and procedures: Water and oil manicures including hand and arm massage, complete pedicure including foot and ankle massage, application of artificial nails including liquid, gel, and powder brush-ons, nail tips, nail wraps and repairs, and nail analysis.

(2) 100 Hours of Technical Instruction and Practical Training in Health and Safety

The required subjects of instruction in Health and Safety shall be completed with the minimum number of hours of technical instruction and practical operations for each subject-matter as follows:

Laws and Regulations (10 hours of Technical Instruction)

The subject of Laws and Regulations shall include, but is not limited to, the following issues: The Barbering and Cosmetology Act and the Board’s Rules and Regulations.

Health and Safety Considerations (25 hours of Technical Instruction)

The subject of Health and Safety shall include, but is not limited to, the following techniques and procedures: Chemistry pertaining to the practices of a manicurist including the chemical composition and purpose of nail care preparations. Health and Safety/Hazardous Substances, including training in chemicals and health in establishments, material safety data sheets, protection from hazardous chemicals and preventing chemical injuries, health and safety laws and agencies, ergonomics, and communicable diseases, including HIV/AIDS and Hepatitis B.

Disinfection and Sanitation (20 hours of Technical Instruction and 10 Practical Operations)

The subject of Disinfection and Sanitation shall include, but is not limited to, the following techniques and procedures: Procedures to protect the health and safety of the consumer as well as the technician.

The ten required minimum operations shall entail performing all necessary functions for disinfecting instruments and equipment as specified in Sections 979 and 980. Disinfection shall be emphasized throughout the entire training period and must be performed before use of all instruments and equipment, with special attention given to pedicure foot spa and basin disinfection procedures detailed in Sections 980.1, 980.2 and 980.3.

Bacteriology, Anatomy and Physiology (10 hours of Technical Instruction)

The subjects of Anatomy and Physiology shall include, but is not limited to the following issues: Bacteriology, anatomy, physiology, and nail analysis and conditions.

(c) The Board recommends that schools provide training in the area of communication skills that includes professional ethics, salesmanship, decorum, record-keeping, client service record cards, basic tax responsibilities related to independent contractors, booth renters, employees, and employers.

Note: Authority cited: Sections 7312, 7362 and 7365, Business and Professions Code. Reference: Sections 7316(c)(2), 7326(d)(1), 7362, 7365 and 7389, Business and Professions Code.

950.5. Curriculum for Electrolysis Course

(a) The curriculum for students enrolled in an electrology course shall consist of six hundred (600) hours of technical instruction and practical training covering all practices constituting the art of electrology pursuant to section 7316 of the Barbering and Cosmetology Act.

(b) For the purpose of this section, technical instruction shall mean instruction by demonstration, lecture, classroom participation, or examination; practical operations shall mean the actual performance by the student of a complete service on another person. Practical training shall mean the time it takes to perform a practical operation. Technical instruction and practical training shall include the following hours:

(1) 400 Hours of Technical Instruction and Practical training in Electrolysis, Thermolysis, Blend/Dual Modality and Electricity

The required subjects of instruction in electrolysis, thermolysis, blend/dual modality and electricity shall be completed with the minimum hours of technical instruction and practical operations for each subject-matter as follows:

Electrolysis (45 hours of Technical Instruction and 60 Practical Operations)

The subject of Electrolysis shall include the study of epilation using single and multiple-needle insertion techniques, the use of galvanic current, skin reactions and anaphoresis and cataphoresis, and evaluating a client’s health history for compatibility with electrolysis treatments.

Thermolysis (45 hours of Technical Instruction and 60 Practical Operations)

The subject of Thermolysis shall include the study of epilation using automatic and manual thermolysis equipment, insertion techniques, the use of high frequency current in both high and low intensities, skin reactions, and evaluating a client’s health history for compatibility with thermolysis treatments.

Blend/Dual Modality (45 hours of Technical Instruction and 60 Practical Operations)

The subject of Blend/Dual Modality shall include the study of epilation using a combination of high frequency and galvanic currents, insertion techniques, skin reactions and anaphoresis and cataphoresis, and evaluating a client’s health history for compatibility with Blend/Dual Modality treatments.

Electricity (15 hours of Technical Instruction)

The subject of Electricity shall include the nature of electrical current; principles of operating electrical devices; various safety precautions to be applied when operating electrical equipment, and proper maintenance of equipment.

(2) 200 Hours of Technical Instruction in Health and Safety

The required subjects of instruction in Health and Safety shall be completed with the minimum hours of technical instruction for each subject-matter as follows:

Laws and Regulations (20 Hours of Technical Instruction)

The subject of Laws and Regulations shall include, but is not limited to, the following issues: The Barbering and Cosmetology Act and the Board’s Rules and Regulations.

Health and Safety Considerations (45 Hours of Technical Instruction)

The subject of Health and Safety shall include, but is not limited to, bacteriology, and HIV/AIDS, hepatitis, herpes, staphylococcal infections and other communicable diseases and their prevention, ergonomics, electrical safety and material safety data sheets.

Sterilization (20 Hours of Technical Instruction)

The subject of Sterilization shall include, but is not limited to, the study of proper procedures and techniques for protecting the health and safety of the consumer as well as the technician, and sanitizing equipment used in establishments.

Sterilization and sanitation shall be emphasized throughout the entire training period and must be performed on all instruments and equipment before use. Sterilization times and dates should be monitored and be recorded.

Anatomy and Physiology (20 Hours of Technical Instruction)

The subjects of Anatomy and Physiology shall include but is not limited to human anatomy and physiology, dermatology and the analysis of skin and hair, and the study of the circulatory, nervous, and endocrine systems.

(c) The Board recommends that schools provide training in the area of communication skills that includes professional ethics, consultation, pre- and post- treatment care, salesmanship, decorum, record keeping, client service records, business skills, and basic tax information relating to independent contractors, employees and employers.

Note: Authority cited: Sections 7312 and 7362, Business and Professions Code. Reference: Sections 7316(f), 7330(d)(1), 7362, 7366, and 7389, Business and Professions Code.

950.10. Credit for Special License and Transfer of Training

(a) A student transferring from one course of study to another, or a holder of a special license (e.g., manicurist or esthetician) who enrolls in a general course of study (e.g., cosmetologist), shall receive credit for total clock hours completed and credit for and a balance of the minimum hours of technical instruction and the minimum practical operations required in each applicable subject as follows:

(1) Total Clock Hours Credit.

(a) Cosmetologist course to esthetician course. A student transferring from the cosmetologist course to the esthetician course shall receive a credit of 35 percent of the total clock hours earned while enrolled in the cosmetologist course.

(b) Cosmetologist course to manicurist course. A student transferring from the cosmetologist course to the manicurist course shall receive a credit of 20 percent of the total clock hours earned while enrolled in the cosmetologist course.

(c) Esthetician course to cosmetologist course. A student transferring from the esthetician course to the cosmetologist course shall receive a credit of 65 percent of the total clock hours earned while enrolled in the esthetician course. A holder of a esthetician license enrolling in the cosmetologist course shall receive a credit of 65 percent of the total clock hours required for the esthetician course.

(d) Manicurist course to cosmetologist course. A student transferring from the manicurist course to the cosmetologist course shall receive a credit of 70 percent of the total clock hours earned while enrolled in the manicurist course. A holder of a manicurist license enrolling in the cosmetologist course shall receive a credit of 70 percent of the total clock hours required for the manicurist course.

(2) Credit and balance for the minimum hours of technical instruction and minimum practical operations required. A student transferring from one course of study to another, or a holder of a special license who enrolls in a general course of study, shall receive a credit and balance for the minimum hours of technical instruction and minimum practical operations required by subtracting the number of hours and operations earned by the student or licensee while enrolled in the prior course from the minimum hours of technical instruction and minimum practical operations required for the new course in each applicable subject. If the student has earned more hours or operations in the prior course than are required in a specific subject of the new course, then that student’s balance of hours and operations required in that subject shall be zero.

(b) Credit for a special course shall not be given to a student in the cosmetologist course until completion of the number of hours of instruction and training in a school of cosmetology which, when added to the number of hours for which the student is entitled to credit for the special course, will equal the minimum number of hours required for completion of the cosmetologist course.

(c) Effective until January 1, 2009, training received as an apprentice may be credited toward a course of training in a school. The maximum amount of hours that can be transferred from an apprenticeship program to a course of training in school shall not exceed 800 hours as reasonably determined by the school to which the apprentice is transferring and shall not exceed 50% credit for each hour earned as an apprentice. After January 1, 2009, training received as an apprentice shall not be credited toward a course of training in a school.

(d) Training received in a school shall not be credited toward training in an apprenticeship program.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7367, Business and Professions Code.

950.12. Work Upon Paying Patrons

(a) A student enrolled in a school shall not be permitted to work upon a patron paying for services until he or she has completed the freshman period of training and instruction. The freshman period shall be 10 percent of the total training hours specified for each course.

(b) A student enrolled in a school shall not be permitted to work upon a patron paying for a service until the student has completed technical instruction and practical training in the service for which a patron is paying.

(c) For the purpose of this section, technical instruction shall mean instruction by demonstration, lecture, classroom participation, or examination; practical training shall mean the actual performance by the student of a complete service on another person or on a mannequin.

Note: Authority cited: Sections 7312 and 7362, Business and Professions Code. Reference: Sections 7362(b), 7362.5, 7364, 7365, and 7366, Business and Professions Code.

961. Online Training and Text and Reference Books for Students

(a) In teaching, approved schools shall use text and reference books approved by the National Interstate Council of State Boards of Cosmetology (NIC). Approved schools may use other teaching material or on-line training programs, in lieu of the text book, under the condition that they have been approved by the NIC.

(b) Each student shall possess the following:

(1) At least one (1) of the textbooks approved by the NIC or have access to a NIC-approved online program.

(2) The Barbering and Cosmetology Act and the Rules and Regulations of the Board of Barbering and Cosmetology.

(c) There shall be available for the use of students in the school:

(1) A list of the text and reference books approved by the NIC.

(2) Any two approved texts other than the one text or online program access, possessed by the student. (Shall not apply to barber schools if there are less than three approved texts.)

Note: Authority cited: Sections 7312 and 7362, Business and Professions Code. Reference: Section 7362, Business and Professions Code.

Article 8.5 Externship

962. Definitions

(a) For purposes of Section 7395.1 as specified in subdivision (c)(3) of the Business and Professions Code, the term "good standing" means the following:

(1) The licensee maintains a valid, current barber, cosmetology, esthetician, or manicurist license issued by the Board of Barbering and Cosmetology.

(2) There is no current or pending discipline against the license pursuant to Article 11 of the Barbering and Cosmetology Act.

(3) The licensee has no unpaid fine issued pursuant to Article 12 of the Barbering and Cosmetology Act.

(b) For purposes of Section 7395.1 as specified in subdivision (g)(3) of the Business and Professions Code, the term "appropriate training" means the student extern has completed 60% of the required minimum practical operations and minimum hours of technical instruction set forth in Sections 950.2-950.4 of this division.

(c) For purposes of Section 7395.1 as specified in subdivision (g)(3) of the Business and Professions Code, the term "chemical treatment" means any product or procedure, including the preparation and/or application of the product, that alters or changes the molecular structure of the hair, skin or nails through the chemical treatments. These treatments may include, but are not limited to the following:

(1) permanent waving

(2) soft permanent waving

(3) chemical straightening

(4) sodium hydroxide and other base solutions

(5) hair coloring and bleaching (semi-permanent and permanent)

(6) chemical skin peel products

(7) depilatory products

(8) lash and brow tinting products

(d) For purposes of Section 7395.1 subdivision (g)(3) of the Business and Professions Code, the term "direct and immediate supervision" means the student extern may work on a paying client, only in an assisting capacity, when a designated licensee is present to oversee the work process. The tasks performed by the student extern must be within the scope of practice of the designated licensee who is supervising the student extern.

(e) For purposes of Section 7395.1 subdivision (g)(3) of the Business and Professions Code, the term "directly supervised" means the student extern may not use or apply chemical treatments unless a designated licensee is present to oversee the work process. The tasks performed by the student extern must be within the scope of practice of the designated licensee who is supervising the student extern.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7395.1, Business and Professions Code.

962.1. Notification of Participation in the Cosmetology Externship Program

(a) It is the responsibility of each participating school to ensure that the establishments and licensees participating in the cosmetology externship program remain in good standing as defined in Section 962. Any change in "good standing" status of a participating establishment or licensee will require the establishment or licensee to withdraw from the program.

(b) Board notification by schools and establishments participating in the Cosmetology Externship Program shall be submitted to the board in writing. Notification of participation shall be updated annually to allow for continued participation in the program. The notification shall be prepared by the school and shall include the following information:

(1) The school’s name, address, telephone number, and school code issued by the board.

(2) The establishment’s name, address, telephone number, and license number issued by the Board.

(3) The establishment owner’s name.

(4) A statement, dated and signed under penalty of perjury by the school, and the establishment that all information on the document is true and correct and that the school and establishment have complied with all requirements of this Article and Section 7395.1 of the Business and Professions Code. The statement shall be worded as follows: "We the undersigned, certify under penalty of perjury under the laws of the State of California, that all the information contained herein is true and correct. We have complied with all requirements of Article 8.5 of Division 9 of Title 16 of the California Code of Regulations and Section 7395.1 of the Business and Professions Code".

(5) The document must include the name and title of the individual signing for the school clearly printed or typed.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7395.1, Business and Professions Code.

962.2. Laminated School Identification

(a) While working in an approved establishment, all students participating in the externship program shall have in their possession a school laminated photographic identification card.

(b) The school laminated photographic identification card shall be at least 2 1/2 " x 3 1/2 " in size and contain the following information: the student extern’s full name (first, middle initial, last); a current, color, full face photograph of the extern at least 1 1/2 " by 1 1/2 " in size; the term "STUDENT EXTERN" in type at least 14 point; and the name of the school of cosmetology where the student extern is enrolled.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7395.1, Business and Professions Code.

Article 9. Licenses

965. Display of Licenses

(a) All operators’ licenses shall be conspicuously posted at their primary work stations.

(b) All establishment licenses shall be conspicuously posted in the reception areas.

(c) No license which has expired or become invalid for any reason whatever shall be displayed by any person in connection with the practices as defined in Section 7316 of the Business and Professions Code. Any license so displayed shall be surrendered to the board upon its request.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7316, 7317, 7332, 7342, 7397, 7414, 7415, 7417, 7418, 7419 and 7420, Business and Professions Code.

965.1. Persons Exempt from Application of Chapter; Demonstration of Products

For the purposes of Section 7319 (e) of the Business and Professions Code concerning persons exempt from the Barbering and Cosmetology Act, the term "demonstrating" means to perform a one-time service on a consumer, without compensation, to show how that product is used or to prove its value or effectiveness, with the intent that the consumer may later purchase and apply the product him- or herself, without the help of a licensee or product instructor, and the purchase price of the product charged to the consumer is no more than its average retail price.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7316 and 7319, Business and Professions Code.

Article 10. Disciplinary Proceedings

969. Delegation of Certain Functions

The power and discretion conferred by law upon the board to receive and file accusations; issue notices of hearing, statements to respondent and statements of issues; receive and file notices of defense; determine the time and place of hearings under Section 11508 of the Government Code; issue subpoenas and subpoenas duces tecum; set and calendar cases for hearing and perform other functions necessary to the business-like dispatch of the business of the board in connection with proceedings under the provisions of Sections 11500 through 11528 of the Government Code, prior to the hearing of such proceedings; and the certification and delivery or mailing of copies of decisions under Section 11518 of said code are hereby delegated to and conferred upon the executive officer, or, in the executive officer’s absence from the office of the board, the acting executive officer.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7310 and 7403, Business and Professions Code.

970. Substantial Relationship Criteria

For the purpose of denial, suspension, or revocation of a license issued under Chapter 10 of Division 3 of the Business and Professions Code pursuant to Division 1.5 (commencing with Section 475) of that same code, a crime or act shall be considered substantially related to the qualifications, functions, and duties of the licensee if to a substantial degree it evidences present or potential unfitness of the licensee to perform the functions authorized by the licensee in a manner consistent with the public health, safety or welfare. The crimes or acts shall include, but not be limited to, those involving the following:

(a) Any violation of the provisions of Chapter 10 of Division 3 of the Business and Professions Code.

(b) Criminal offenses, including but not limited to, lewd conduct, or use or sale of drugs or narcotics, committed in the course of or in association with the performance of the functions or duties authorized by such license.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 135, 163.5, Division 1.5 (Section 475, et seq.), 7321, 7321.5, 7324, 7326, 7330, 7333 and 7404, Business and Professions Code.

971. Criteria for Rehabilitation

(a) When considering the denial of a licensee, pursuant to section 480 of the Business and Professions Code, for which application has been made under Chapter 10, Division 3 of the Business and Professions Code, the board, in evaluating the rehabilitation of the applicant and his or her present eligibility for a license, shall consider the following criteria:

(1) The nature and the severity of the act(s) or crime(s) under consideration as grounds for denial.

(2) Evidence of any act(s) committed subsequent to the act(s) or crime(s) under consideration as grounds for denial which also could be considered as grounds for denial under Section 480 of the Business and Professions Code.

(3) The time that has elapsed since commission of the act(s) or crime(s) referred to in subdivision (1) or (2).

(4) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.

(5) Evidence, if any, or rehabilitation submitted by the applicant.

(b) When considering the suspension or revocation of a license, issued under Chapter 10, Division 3 of the Business and Professions Code under Section 490 of that same code, the board, in evaluating the rehabilitation of such person and his or her present eligibility for a license, shall consider the following criteria:

(1) Nature and severity of the act(s) or offense(s).

(2) Total criminal record.

(3) The time that has elapsed since commission of the act(s) or or offense(s).

(4) Whether the licensee has complied with any terms of parole, probation, restitution or any other sanctions imposed against the licensee.

(5) If applicable, evidence of expungement proceedings pursuant to section 1203.4 of the Penal Code.

(6) Evidence, if any, of rehabilitation submitted by the licensee.

(c) When considering a petition for reinstatement of a license, the board shall evaluate evidence of rehabilitation submitted by the petitioner, considering those criteria of rehabilitation specified in subsection (b).

Note: Authority cited: Sections 7312, Business and Professions Code. Reference: Division 1.5 (Sections 475, et seq.), 7321, 7321.5, 7324, 7326, 7330, 7333 and 7404, Business and Professions Code.

972. Disciplinary Guidelines

In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code Section 11400 et seq.), the board shall consider the disciplinary guidelines entitled "Disciplinary Guidelines" (October 2010 Edition) which are hereby incorporated by reference. Deviation from these guidelines, including the standard terms of probation, is appropriate where the board in its sole discretion determines that the facts of the particular case warrant such a deviation - for example: the presence of mitigating factors; the age of the case; evidentiary problems.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7403 and 7404, Business and Professions Code.

973. Grounds for Immediate Suspension

Pursuant to Business and Professions Code section 7403.2, a representative of the board shall make a request to the board’s executive officer or his/her designee for an order to immediately suspend temporarily a license and place the license on probation on the grounds that the licensee has any of the following conditions at the licensed establishment or school:

(a) Pedicure foot spas, basins, or tubs that are not visibly clean;

(b) Pedicure foot spas in which debris has been found upon the removal of screens, jets, foot-plates, or impellers;

(c) Inadequate cleaning material for the proper disinfection and sanitation of manicuring and/or pedicuring equipment found on-site at the establishment;

(d) No pedicure cleaning logs;

(e) A history of repeated health and safety violations pertaining to manicuring or pedicuring equipment; or

(f) Manicure and/or pedicure implements that are not visibly clean.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7403.2, Business and Professions Code.

973.1. Procedures for Issuing Immediate Suspension

The board’s executive officer or his/her designee shall render an opinion based upon an inspection conducted by a board representative. The representative shall transmit photographic evidence to the executive officer or his/her designee by means of immediate electronic transmission. Upon receipt of the photographic evidence, the executive officer or his/her designee shall make a determination if action is necessary to protect the public’s health and safety. The executive officer or his/her designee shall issue a written notice of immediate suspension.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7403.2, Business and Professions Code.

973.2. Content of Immediate Suspension Notice

The immediate suspension notice shall contain all of the following:

(a) A statement that describes with particularity the nature of the violation, including a reference to the specific provision that has been violated;

(b) A statement that the suspension is immediately stayed and the license is placed on probation for one year;

(c) The effective dates of probation; and

(d) A description of the appeal process.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7403.2, Business and Professions Code.

973.3. Terms and Conditions of Probation

A licensee that has been subject to immediate suspension and placed on probation pursuant to Business and Professions Code section 7403.2 and regulation section 973, shall comply with the following terms and conditions:

(a) A licensee on probation must submit to the board on a monthly basis a report that indicates the following, and is signed under penalty of perjury:

(1) A copy of all pedicure cleaning logs; and

(2) Proof, if any, of completion of board approved remedial training as defined by regulation section 973.4.

(b) An establishment of a licensee that has been placed on probation shall be inspected on a quarterly basis and may be inspected more frequently. The owner of the establishment is responsible for paying all fees required to cover the costs for inspection. The fee for inspection shall be $42 for each workstation at the establishment. A workstation is a pedicure station or a manicure station.

(c) A licensee on probation shall pay all administrative fines. In a case of economic hardship, the licensee may request to have a payment plan established by the board.

(d) A licensee who has been subject to suspension and placed on probation in accordance with section 7403.2 of the Business and Professions Code shall complete an 8-hour board approved remedial training course.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7403.2, Business and Professions Code.

973.4. Remedial Training Defined

Remedial training shall be a course of instruction approved by the board that focuses on the disinfection and sanitation of pedicure and manicure equipment. The remedial training course shall specifically address the board’s health and safety laws and regulations.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7403.2, Business and Professions Code.

973.5. Approval of Remedial Training Course

(a) In order for a remedial training course to be approved by the board, a provider shall complete an application for course approval that provides the following information to the board:

(1) Description of course contents. The course content shall be pertinent to the health and safety laws and regulations of the board. The course shall focus on the safety and sanitation of pedicure and manicure equipment.

(2) Method of instruction of course offered. Teaching methods for each course shall be described, e.g. lecture, seminar, audiovisual, etc.

(3) Proof that instructors are qualified to teach the specified course content by virtue of their prior education, training, and experience. A resume of each instructor shall be forwarded with the application for approval.

(4) The application for course approval shall state the name of the provider and location where instruction will be given.

(b) Any modifications or subsequent changes to an approved remedial training course shall meet the requirements provided in this section and are subject to approval of the board.

(c) The board shall withdraw the approval of any course for failure to comply with any provisions of this section. The withdrawal for approval shall continue until such time as the training course provider meets the requirements of this section and obtains written approval from the board.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7403.2, Business and Professions Code.

973.6. Appeal Process

(a) A licensee that has received an immediate suspension and has been placed on probation may, within 30 calendar days of the date the suspension notice was served, notify the board in writing of his/her request for an informal review hearing before the board’s disciplinary review committee.

(b) Upon receipt of the timely request, the board shall schedule a hearing to be held in either Northern or Southern California, whichever is closest to the suspended/probationary licensee. Appeals requested under this section shall be heard at the next regularly scheduled disciplinary review hearing.

(c) Board staff shall, at least 30 calendar days before the date of the hearing, mail written notice to the probationary licensee of the date, time, and location of the hearing. To expedite the scheduling of a disciplinary review hearing, a licensee that has been placed on probation may waive the 30- day notice by agreeing to do so in writing.

(d) The probationary licensee shall appear at the hearing and may bring legal counsel or an authorized representative to the hearing. The probationary licensee may present written information and/or oral testimony to the disciplinary review committee. The probationary licensee may contest or appeal any of the following aspects of the immediate suspension/probationary license:

(1) The occurrence of a violation of the Barbering and Cosmetology Act or the regulations adopted by the board;

(2) The period of time for correction, if any; or

(3) The amount of the fine.

(e) The disciplinary review committee may affirm, modify, or dismiss an order of immediate suspension and imposition of probation. A written decision based on findings of fact and legal conclusions shall be mailed to the suspended/probationary licensee and his/her legal counsel, if any, within 30 days from the date of the disciplinary review hearing. Any modification to an order of immediate suspension and probation made by the disciplinary review committee shall be a final decision of the committee and only subject to appeal as provided in subdivision (h) of this section.

(f) In the event that the disciplinary review committee has determined that there are no facts to sustain the immediate suspension and probationary license, the disciplinary review committee shall dismiss the order of immediate suspension and imposition of probation. A decision of dismissal shall be effective immediately at the conclusion of the hearing. This decision shall be deemed final.

(g) If the suspended/probationary licensee fails to appear for the disciplinary review hearing and fails to show good cause for failure to appear, as defined in section 975, for failure to appear, the suspension/probationary license shall become final and effective as of the date of issuance. There shall be no administrative appeal.

(h) If the disciplinary review committee affirms or modifies the order of immediate suspension and imposition of probation, the licensee may request in writing a hearing before an administrative law judge pursuant to section 7411 of the Business and Professions Code. If the disciplinary review committee dismisses the order of immediate suspension and imposition of probation, any request before an administrative law judge shall be deemed withdrawn.

(i) The board shall notify in writing each licensee subject to immediate suspension and imposition of probation when the probation period terminates.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7403.2, Business and Professions Code.

Article 11. Administrative Fines and Citations

974. Schedule of Administrative Fines

(a) An administrative fine may be assessed for violations of the specified sections of the Business and Professions Code and Division 9 of Title 16 of the California Code of Regulations as follows (in dollars):

Schedule of Administrative Fines
Section Violation
Waivable
1st 2nd 3rd
7313. Access to Establishment for Inspection 250 500 750 No
7317. Unlicensed Establishment 500 1,000 1,000 No
7317. Unlicensed Individual 1,000 1,000 1,000 No
7317. Expired Establishment License 250 300 500 No
7317. Expired Individual License 250 300 500 No
7317. Individual Working in an Expired Establishment 25 50 100 No
7317. Individual Working in an Unlicensed Establishment 250 300 500 No
7320. Practice of Medicine 1,000 1,000 1,000 No
7320.1. Use of Illegal Metal Tools 250 500 500 No
7320.2. Illegal Treatment Methods 500 500 500 No
7336. No Supervision of Apprentice 100 150 200 No
7348. No Licensee in Charge of Establishment 100 150 200 No
7349. Employing Unlicensed Persons 1,000 1,000 1,000 No
7349.1. Illegal Use of a Barber Pole 25 50 100 No
7350. Establishment – Residential Use/Entrance/Prohibited Use 50 100 150 No
7351. Restroom Requirement – Clean/Storage/Floor/Vented 50 100 150 No
7352. No Soap/Towels or Air Hand Dryers in Hand Washing Facilities 50 100 150 No
7358. No Licensee in Charge of Mobile Unit 100 150 200 No
7359. Employing Unlicensed Person in Mobile Unit 1,000 1,000 1,000 No
7360. Mobile Unit – Residential/Prohibited Use 50 100 150 No
7400. No Change of Address Notice Filed 50 100 150 No
7404(l). Interference with Inspection 200 300 500 No
904(d). No Photographic Identification Available 50 100 150 No
905. Consumer Info. Not Posted/Incorrect Size of Print (Health & Safety) 50 100 150 No
920. Apprentice Training Records Not Available/Incomplete 100 150 200 No
965. Display of Licenses 50 100 150 No
978(a)(1), (a)(2),(a)(3),(a)(4). Receptacles, Cabinets and Containers 50 100 150 No
978(a)(5). Insufficient Disinfectant in Container for Total Immersion 100 150 200 No
978(a)(6). No Steam/Dry Heat Sterilizer for Electrology Tools 500 1,000 1,500 No
978(b). No Disinfectant Solution Available for Use 250 300 500 No
978(c). No Manufacturer-Labeled Container for Disinfectant 250 300 500 No
979. Disinfecting Non-Electrical Tools and Equipment 100 250 500 No
980(a). Incorrect Disinfection of Electrical Items 100 250 500 No
980(b). Incorrect Storage of Electrical Disinfected Items 50 100 150 No
980(c). Incorrect Storage of Soiled Electrical Tools 50 100 150 No
980.1. Incorrect Disinfection of Pedicure Spas (Per Chair) 500 500 500 No
980.1(c)(7).
980.1(d)(8). Incorrect/Missing Log
980.1(e)(4).
100 150 200 No
980.1(g). Failure to List Chair as "Not in Service" in Log; No Sign Displayed on Chair 50 100 150 No
980.2. Incorrect Disinfection of "Pipeless" Foot spas (Per Unit) 500 500 500 No
980.2(b)(7).
980.2(c)(6). Incorrect/Missing Log
980.2(d)(3).
100 150 200 No
980.2(f). Failure to List Chair as "Not in Service" in Log; No Sign Displayed on Chair 50 100 150 No
980.3. Incorrect Disinfection of "Non-Whirlpool Foot Basin" (Per Unit) 100 150 200 No
980.3(b)(6). Incorrect/Missing Log 50 100 150 No
980.3(e). Improper Storage of Basins or Tubs 50 100 150 No
980.4. Incorrect Disinfection of foot basin or tub after use of disposable liner 500 500 500 No
980.4(a)(2). Incorrect/Missing Log 50 100 150 No
980.4(a)(4). Failure to Maintain Supply of Five (5)
Disposable Liners per Foot Tub Basin
250 300 500 No
981(a). No Disposal of Non-Disinfected Items 100 150 200 No
981(b). Improper Storage of New Supplies and Disposable tools 50 100 150 No
981(c). Carry Tools or Supplies in or on Garments 50 100 150 No
982. Incorrect Sterilization of Electrology Tools 100 150 200 No
983. Personal Cleanliness 50 100 150 No
984. Work on Person with Infectious/Communicable Disease 100 250 500 No
985. No Use of Neck Strips or Towel 50 100 150 No
986. Neck Dusters/Brushes Not Clean or Sanitary 50 100 150 No
987. Towels 50 100 150 No
988. Liquids, Creams, Powders and Cosmetics 50 100 150 No
989. Prohibited Hazardous Substance/Use of Product 500 500 500 No
990. Headrests and Treatment Tables 50 100 150 No
991. Performing Invasive Procedures 500 500 500 No
992. Performing Invasive Skin Exfoliation/Dermis 500 500 500 No
993. Prohibited Tools 300 400 500 No
994. Cleanliness and Repair 50 100 150 No
995(b),(c),(d),(e). Plumbing Standards 50 100 150 No

(b) A violation indicated in subdivision (a) as not waivable means that the Board, in its discretion, has determined that the violation cannot be corrected pursuant to Business and Professions Code Section 7407, and therefore that the fine for the first violation may not be avoided as provided for in Section 7409 of the Business and Professions Code.

NOTE: Authority cited: Sections 7312, 7406 and 7407, Business and Professions Code. Reference: Sections 7406, 7407 and 7409, Business and Professions Code.

974.1. Disciplinary Review Committee

(a) The disciplinary review committee of the Board shall be composed of three (3) members of the board.

(b) The board president, in his or her discretion, may appoint multiple disciplinary review committees.

(c) The board president shall annually appoint members of the disciplinary review committee; the appointment will be made concurrently with the annual election of the Board President.

(d) The board president shall select the dates and locations of the informal citation review hearings held before the disciplinary review committee.

Note: Authority cited: Sections 7312 and 7410, Business and Professions Code. Reference: Section 7410, Business and Professions Code.

974.2. Appeal to Disciplinary Review Committee

(a) In addition to requesting a hearing provided for in Section 7411 of the Business and Professions Code, the cited person may within thirty (30) days of the date the notice of violation or citation was issued, notify the Board in writing of his or her request for an informal citation review hearing before the disciplinary review committee.

(b) Upon receipt of a timely written request, the board staff shall schedule the cited person for the next hearing to be held in the general vicinity of the cited person’s address of record and which is at least forty five (45) days after the board’s receipt of the request for the hearing. The board staff shall, at least thirty (30) days before the date of the hearing, mail written notice to the cited person of the date, time, and location of the hearing.

(c) The cited person shall appear and may bring legal counsel or an authorized representative to the hearing and may present written information and/or oral testimony to the disciplinary review committee.

(d) The cited person may contest or appeal any of the following aspects of the citation or notice of violation:

(1) The occurrence of a violation of the Barbering and Cosmetology Act or the regulations adopted by the board;

(2) The period of time for correction, if any; and/or

(3) The amount of the fine.

(e) At the conclusion of the informal citation review hearing, the disciplinary review committee may elect to continue the hearing or to hold the record open for the cited person to present additional information to the committee. If the disciplinary review committee elects to continue the hearing, it will be continued until the next scheduled hearing to be held in the general vicinity of the cited person’s address of record. Board staff shall give notice to the cited person of the date, time, and location of the continued hearing in accordance with subsection (b).

If the disciplinary review committee elects to hold the record open for submission of additional written information, the cited person must provide the additional written information to the same disciplinary review committee prior to its next scheduled meeting, and the committee shall close the record and consider the matter at its next scheduled meeting.

(f) The disciplinary review committee may affirm, modify or dismiss the citation, including any fine. In no event shall the violations recorded on the citation or notice of violation or the administrative fines be increased. The disciplinary review committee may consider the history of previous violations of the same or similar nature in determining its decision in the matter. A written decision based on findings of fact shall be mailed to the cited person and his or her legal counsel, if any, within thirty (30) days from the date of the informal citation review hearing. The effective date of the decision shall be thirty (30) days after it is mailed to the cited person, and the effective date shall be written in the decision. This decision shall be deemed to be a final order with regard to the citation issued, including the fine levied.

(g) If the cited person fails to appear at the informal citation review hearing and fails to show good cause, as defined in Section 975 for the failure to appear, the administrative fine shall become final and there shall be no administrative appeal except as otherwise provided by law.

(h) If the disciplinary review committee affirms or modifies the citation or notice of violation, including any fine, the cited person may, prior to the effective date of the decision of the disciplinary review committee, request in writing a hearing before an administrative law judge pursuant to section 7411 of the Business and Professions Code. If the disciplinary review committee dismisses the citation or notice of violation in its entirety, any request for a hearing before an administrative law judge shall be deemed to be withdrawn.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7410, 7412 and 7413, Business and Professions Code.

975. Good Cause for Failure to Appear for Hearing

The board defines "good cause" for the purpose of Business and Professions Code Section 7413 as follows: Personal illness, auto accident, death or severe illness in the immediate family or other severe physical or emotional hardship. Any condition to be considered good cause by the board must be verified in writing (i.e., letter from a physician, official accident report, obituary notice).

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7413, Business and Professions Code.

976. Citations; Unlicensed Activity

A citation containing an order of abatement or an order to pay an administrative fine may be assessed against any person, firm, or corporation who is engaged in barbering, cosmetology or any of its branches, or electrolysis for compensation without a valid, unexpired license issued by the board.

All citations issued pursuant to this section shall meet the requirements of section 125.9 of the Code.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 125.9, 148 and 7317, Business and Professions Code.

Article 12. Health and Safety

977. Health and Safety Definitions

The following words and terms, when used in this article, shall have the following meanings:

Autoclave—A device used to sterilize tools, equipment and supplies by subjecting them to high-pressure saturated steam.

Over-the-Counter—Cosmetology, barbering or electrology products that are made available for purchase by the general public without a physician’s prescription.

Cosmetics—Substances used to enhance the appearance of the human body.

Contaminated—The presence of blood or other potentially infectious materials on an item’s surface or visible debris such as dust, hair and skin.

Dermis—The layer of skin just below the epidermis; the living layer of the skin.

Disinfect or Disinfection—The use of chemicals to destroy harmful bacteria, viruses and pathogens on implements or tools to render them safe for use.

Disinfectant—A product registered by the U.S. Environmental Protection Agency (EPA) that has demonstrated bactericidal, fungicidal and virucidal activity. The products used must include a label from the manufacturer that indicates the EPA registration and must be in liquid form to disinfect non-electrical tools and spray or wipe form to disinfect electrical tools and shears.

Dry Heat Sterilizer—A device used to sterilize equipment and supplies by use of hot air that is nearly or completely free of water vapor.

Epidermis—The outermost layer of the skin; the non-living layer of the skin.

Electrical Tools—All tools used for barbering, cosmetology and electrology that require electricity to operate by means of an electrical cord, wireless charger, or battery. These include, but are not limited to, clippers, blow dryers, curling irons and flat irons.

Foot Basin—On a foot spa chair, the open vessel that is filled with water and in which the client’s feet are placed during a pedicure.

Hot Styling Tools—Tools that utilize heat to style hair.

Non-Electrical Tools—All tools used for barbering, cosmetology and electrology that do not use any form of electricity to operate. These include, but are not limited to, shears, razors, cuticle nippers, cuticle pushers, nail clippers, metal files, metal smoothers, combs and hair clips.

Poisonous—A substance that can cause sickness or death by entering or touching the body.

Sanitary—A clean, healthy condition.

Soiled—dirty; not clean.

Sterilize or Sterilization—The process which removes or kills all forms of microbial life, including transmissible agents (such as fungi, bacteria, viruses and spore forms) by use of an autoclave or dry heat sterilizer.

Tub—A standalone, open vessel that is filled with water and in which the client’s feet are placed during a pedicure.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

978. Minimum Equipment and Supplies

(a) Establishments and schools shall have and maintain the following minimum equipment and supplies:

(1) If hair services are performed, at least one covered waste container per establishment for the disposal of hair. Hair must be disposed of in a covered waste container.

(2) Closed containers to hold all soiled towels, gowns, smocks, linens and sheets in any enclosed area frequented by the public.

(3) Closed, clean cabinets, drawers, or containers to hold all clean non-electrical tools, towels, gowns, smocks, linens and sheets.

(4) Containers for disinfectant solution for tools and equipment to be disinfected. Containers must be labeled "Disinfectant Solution."

(5) Each container specified in (4) shall contain sufficient disinfectant solution to allow for the total immersion of tools.

(6) If electrolysis is performed, an autoclave or dry heat sterilizer that meets the requirements of Section 982.

(b) Establishments and schools shall have disinfectant solution, mixed according to manufacturer’s directions, available for use at all times.

(c) A manufacturer-labeled container for the disinfectant used must be available at all times in the establishment or school. In the event that the last remaining disinfectant has been used, the empty manufacturer-labeled container must be present.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

979. Disinfecting Non-Electrical Tools

(a) Before use upon a client, all non-electrical tools that can be disinfected, excluding shears, shall be disinfected in the following sequential manner:

(1) Remove all visible debris.

(2) Clean with soap or detergent and water.

(3) Completely dry tools with a new, clean paper towel.

(4) Then totally immerse in an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity, used according to manufacturer’s instructions.

(5) Licensees or students shall wear protective gloves or use tongs when removing tools from the disinfectant.

(b) The disinfectant solutions specified in subdivision (a) shall:

(1) Remain covered at all times.

(2) Be changed according to the manufacturer’s instructions or when it is cloudy or contains debris.

(c) All tools used on a client or soiled in any manner shall be placed in a container labeled "Dirty," "Soiled," or "Contaminated."

(d) All disinfected tools shall be stored in a clean, covered place that is labeled "Clean" or "Disinfected."

(e) Disinfected tools shall not be placed in a container, pouch or holder that cannot be disinfected.

(f) Shears shall be disinfected according to the following sequential procedures:

(1) Remove all visible debris.

(2) Clean with soap or detergent and water.

(3) Spray or wipe the shear with an EPA-registered disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity, used according to manufacturer’s instructions.

(g) Disinfected shears shall not be placed in a container, pouch or holder that cannot be disinfected.

(h) If tools specified in this section are sterilized in accordance with the requirements outlined in Section 982, the requirements of this section will be deemed to have been met.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

980. Disinfecting Electrical Tools

(a) Clippers and other electrical tools shall be disinfected prior to each use in the following sequential manner:

(1) First removing all visible debris.

(2) Disinfect with an EPA-registered disinfectant spray or wipe with demonstrated bactericidal, fungicidal, and virucidal activity used according to manufacturer’s instructions.

(b) All disinfected electrical tools shall be stored in a clean place.

(c) All soiled electrical tools used on a client, or soiled in any manner, shall be placed in a container labeled "Soiled," "Dirty," or "Contaminated" (excluding hot styling tools).

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

980.1. Procedures for Cleaning and Disinfecting Whirlpool Footspas, and Air-Jet Basins

(a) As used in this section, "whirlpool foot spa" or "spa" is defined as any basin using circulating water.

(b) An air-jet basin is defined as any basin using an air jet stream system to move water.

(c) After use upon each client, each whirlpool foot spa or air-jet basin shall be cleaned and disinfected in the following sequential manner:

(1) All water shall be drained from the basin.

(2) The inside walls of the basin shall be scrubbed and cleaned of all visible debris with a clean brush, liquid soap (labeled as such on soap product), and water.

(3) The spa basin shall be rinsed with water.

(4) The spa basin shall be refilled with clean water.

(5) The water in the basin shall be circulated with the correct amount (read manufacturer label for mixing instructions) of the EPA-registered hospital-liquid disinfectant that is labeled as a bactericide, fungicide, and virucide through the basin for at least 10 minutes.

(6) The spa basin must be drained, rinsed, and wiped dry with a new, clean paper towel.

(7) Record this procedure in the pedicure equipment-cleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done after a client.

(d) At the end of each day and after the last client, each whirlpool foot spa or air-jet basin shall be cleaned and disinfected in the following sequential manner:

(1) The screen and any other removable parts shall be removed.

(2) Scrub all visible debris from the screen, inside walls of the basin, any other removable parts, and the area behind them with a clean brush, liquid soap (labeled as such on soap product), and water.

(3) Reinsert the clean screen and any other removable parts.

(4) Fill the basin with warm water and detergent (labeled as such on detergent product) and circulate the detergent through the spa system for at least 10 minutes (follow the spa manufacturer’s instructions).

(5) Drain the detergent solution and rinse the basin.

(6) Refill the basin with clean water and circulate the correct amount (read the label for mixing instructions) of the EPA-registered hospital-liquid disinfectant that the label claims is a bactericide, fungicide, and virucide through the basin for at least 10 minutes.

(7) Drain, rinse, and wipe the basin dry with a new, clean paper towel and allow basin to dry completely.

(8) Record this procedure in the pedicure equipment-cleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done at the end of the day.

(e) At least once each week, after completing the procedures provided in subsection (d) (1 through 6), each whirlpool foot spa and air-jet basin shall not be drained and the following sequential procedures shall be followed:

(1) Do not drain the disinfectant solution. The unit shall be turned off and the disinfecting solution shall be left undisturbed in the unit for at least 6 hours.

(2) After the disinfectant solution has been sitting at least 6 hours, drain and rinse the basin with clean water.

(3) Refill the basin with clean water and flush the system.

(4) Record this procedure in the pedicure equipment-cleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done weekly.

(f) The pedicure equipment-cleaning log shall be made available upon request by either a client or a board representative.

(g) A whirlpool foot spa "Not in Service" must have a notation on the pedicure equipment-cleaning log that the foot spa is not in service. The foot spa must have a "Not in Service" sign displayed on the chair and be kept in a sanitary condition.

(h) A violation of this section may result in an administrative fine and/or disciplinary action. Each whirlpool foot spa or air-jet basin not in compliance with this section may result in a separate violation.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

980.2. Procedures for Cleaning and Disinfecting Pipeless Foot spas

(a) As used in this section, "pipeless" foot spa is defined as any unit with footplates, impellers, impeller assemblies, and propellers.

(b) After use upon each client, each pipeless foot spa shall be cleaned and disinfected in the following sequential manner:

(1) All water shall be drained from the spa basin.

(2) Remove footplate and any other removable components according to the manufacturer’s instructions.

(3) Scrub all visible debris from the impeller, footplate, inside walls of the basin, and other components, and the areas behind or under each with a clean brush, liquid soap (labeled as such on soap product), and water. Rinse with clean water.

(4) Reinsert the properly cleaned footplate and other components.

(5) Refill the basin with clean water and circulate the correct amount (read the label for mixing instructions) of the EPA-registered hospital-liquid disinfectant that the label claims is a bactericide, fungicide, and virucide, through the basin for at least 10 minutes.

(6) Drain, rinse, and wipe the basin dry with a new, clean paper towel.

(7) Record this procedure in the pedicure equipment-cleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done after a client.

(c) At the end of every day and after performing the procedures provided in subsection (b)(1 through 7) and after the last client, each pipeless foot spa shall be cleaned and disinfected in the following sequential manner:

(1) Fill the basin with warm water and detergent (labeled as such on detergent product) and circulate the detergent through the spa system for at least 10 minutes (follow manufacturer’s instructions).

(2) Drain the detergent solution and rinse the basin.

(3) Refill the basin with clean water and circulate the correct amount (read the label for mixing instructions) of the EPA-registered hospital-liquid disinfectant that the label claims is a bactericide, fungicide, and virucide, through the basin for at least 10 minutes.

(4) Drain, rinse, and wipe the basin dry with a new, clean paper towel.

(5) Allow the basin to dry completely.

(6) Record this procedure in the pedicure equipment-cleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done at the end of the day.

(d) At least once each week, after completing the procedures provided in subsection (c) (1 through 3), the disinfectant solution in each pipeless foot spa shall not be drained and the following sequential procedures shall be followed:

(1) The unit shall be turned off and the disinfecting solution shall be left in the unit undisturbed for at least 6 hours.

(2) After the disinfectant solution has been sitting at least 6 hours, rinse and wipe the basin dry with a new, clean paper towel.

(3) Record this procedure in the pedicure equipment-cleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done weekly.

(e) The pedicure equipment-cleaning log shall be made available upon request by either a client or a board representative.

(f) A whirlpool foot spa "Not in Service" must have a notation on the pedicure equipment-cleaning log that the foot spa is not in service. The foot spa must have a "Not in Service" sign displayed on the chair and be kept in a sanitary condition.

(g) A violation of this section may result in an administrative fine and/or disciplinary action. Each pipeless foot spa not in compliance with this section may result in a separate violation.

Note: Authority cited: Sections 7312 and 7406, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

980.3. Procedures for Cleaning and Disinfecting Non-Whirlpool Foot Basins or Tubs

(a) As used in this section, "non-whirlpool foot basins" or "tubs" are defined as any basin, tub, footbath, sink, bowl, and all non-electrical equipment that holds water for a client’s feet during a pedicure service.

(b) After use upon each client, each non-whirlpool foot basin or tub shall be cleaned and disinfected in the following sequential manner:

(1) All water shall be drained from the foot basin or tub.

(2) The inside surfaces of the foot basin or tub shall be scrubbed and cleaned of all visible debris with a clean brush, liquid soap (labeled as such on soap product), and water.

(3) The foot basin or tub shall be rinsed with clean water.

(4) Refill the foot basin or tub with clean water and the correct amount (read the label for mixing instructions) of the EPA-registered hospital-liquid disinfectant that the label claims is a bactericide, fungicide, and virucide. Leave the disinfecting solution in the foot basin or tub for at least 10 minutes.

(5) Drain, rinse, and wipe the basin dry with a new, clean paper towel.

(6) Record this procedure in the pedicure equipment-cleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done after a client.

(c) The pedicure equipment-cleaning log shall be made available upon request by either a client or a board representative.

(d) A violation of this section may result in an administrative fine and/or disciplinary action. Each non-whirlpool foot basin or tub not in compliance with this section may result in a separate violation.

(e) All disinfected basins or tubs shall be stored in a clean, covered place labeled "Clean" or "Disinfected."

Note: Authority cited: Sections 7312 and 7406, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

980.4. Disposable Foot Basin or Tub Liners

(a) Single-use, disposable, recyclable liners designed specifically and manufactured for use as a foot basin or tub liner shall be disposed of immediately after each use and may not be disinfected or reused.

(1) After disposal of the pedicure basin liner the basin or tub shall be scrubbed and cleaned of all visible debris with a clean brush and liquid soap (labeled as such on soap product) and water. The foot basin or tub shall be rinsed with clean water and wiped dry with a new, clean paper towel.

(2) Record the cleaning procedure in the pedicure equipment-cleaning log. The log shall contain the date and time of each cleaning, initials of the person who completed the procedure, and shall indicate that the cleaning was done after a client.

(3) The pedicure equipment-cleaning log shall be made available upon request by either a client or a board representative.

(4) Establishments or schools that utilize the liners must maintain a supply of five liners per foot tub basin for use at all times.

Note: Authority cited: Sections 7312 and 7406, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

981. Tools and Supplies

(a) All tools and supplies that come into direct contact with a client and cannot be disinfected (including, but not limited to, buffers, pumice stones, wax sticks, toe separators, gloves, cotton pads, sponges, emery boards, and neck strips) shall be disposed of in a waste container immediately after use on a single client.

(b) New supplies and single-use, disposable tools shall be stored in a clean, covered place labeled "New."

(c) No person working or training in an establishment or school shall be permitted to carry any tools or supplies in or on a garment or uniform (including pouches and holsters) while practicing any of the acts as defined in Section 7316 of the Business and Professions Code.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

982. Sterilizing Electrolysis Tools

(a) Before use upon a client in schools and establishments, all electrolysis tools that can be sterilized, excluding single-use, pre-sterilized, disposable needles/wire filaments, shall be sterilized by one of the following methods:

(1) Clean with soap or detergent and water (which may include the use of ultrasonic equipment) and then sterilized by one of the following methods:

(a) Autoclave, registered and listed with the U.S. Food and Drug Administration (FDA), used according to manufacturer’s instructions.

(b) Dry heat sterilizer, registered and listed with the FDA, used according to manufacturer’s instructions.

(c) Chemical (color change) indicators must be used on each sterilized package to indicate the sterilization process was completed.

(2) All sterilized tools shall remain in the package they were sterilized in until ready for use. This package must be undamaged and labeled "Sterilized" or "Sterilization."

(3) All tools that have been used on a client or soiled in any manner shall be placed in a container labeled "Dirty," "Soiled," or "Contaminated."

(4) Sterilization equipment shall be checked weekly to ensure that it is reaching the temperature required by manufacturer’s instructions.

(b) Single-use, pre-sterilized, disposable electrolysis needles/wire filaments must be placed in a puncture-resistant sharps container immediately after use, when contaminated before use, or when opened and found damaged. The sharps container must be changed when not more than three-quarters filled and disposed of as biohazardous waste.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

983. Personal Cleanliness

(a) The attire of a licensee or student serving a client shall at all times be clean.

(b) Every licensee or student performing services shall thoroughly wash his or her hands with soap and water or any equally effective alcohol-based hand-cleaning product immediately before serving each client.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

984. Disease and Infestation

(a) No establishment or school shall knowingly permit a licensee or student afflicted with an infection or parasitic infestation capable of being transmitted to a client to serve clients or train in the establishment or school.

(b) No establishment or school shall knowingly require or permit a licensee or student to work on a client with an infection or parasitic infestation capable of being transmitted to the licensee or student.

(c) Infections or parasitic infestation capable of being transmitted between licensee or student and client include, but are not limited to, the following:

Cold, influenza or other respiratory illness accompanied by a fever, until 24 hours after resolution of the fever.

Streptococcal pharyngitis ("strep throat"), until 24 hours after treatment has been initiated, and 24 hours after resolution of fever.

Purulent conjunctivitis ("pink eye"), until examined by a physician or other licensed clinician and approved for return to work.

Pertussis ("whooping cough"), until five days of antibiotic therapy has been completed.

Varicella ("chicken pox"), until the sixth day after onset of rash or sooner if all lesions have dried and crusted.

Mumps, until nine days after onset of parotid gland swelling.

Tuberculosis, until a local health department authority states that the individual is noninfectious.

Impetigo (bacterial skin infection), until 24 hours after treatment has begun.

Pediculosis (head lice), until the morning after first treatment.

Scabies ("crabs"), until after treatment has been completed.

(d) Blood-borne diseases, such as HIV/AIDS and hepatitis B (HBV), shall not be considered infectious or communicable diseases for the purpose of this section.

(e) No person working or training in an establishment or school shall perform services upon a surface of the skin or scalp where such skin is inflamed or broken (e.g., abraded, cut), or where a skin infection or eruption is present; nor shall a person working or training in an establishment or school perform services if the skin of his or her hands is inflamed or broken, or where a skin infection or eruption is present, without wearing gloves.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code; and Section 121365, Health and Safety Code.

985. Neck Strips

A sanitary neck strip or towel shall be used to keep the protective covering, such as client capes, from coming in direct contact with a client’s neck.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

986. Neck Dusters and Brushes

(a) Before use on a client, neck or nail dusters and all other manicure brushes that are used in an establishment or school on a client shall be cleaned in the following sequential manner:

(1) Remove all visible debris.

(2) Clean with soap or detergent and water.

(3) Dry dusters or brushes.

(4) Store all clean dusters or brushes in a clean, covered place that is labeled "Clean."

(5) All dusters or brushes used on a client or soiled in any manner shall be placed in a container labeled "Dirty," "Soiled," or "Contaminated."

(b) Before use on a client, natural fiber, facial, acrylic, gel, nail-art, and makeup brushes used in an establishment or school, on a client, shall be cleaned in the following sequential manner:

(1) Remove all visible debris.

(2) Clean by using a cleansing agent(s) such as monomer, makeup brush liquid/spray cleaner, alcohol.

(3) Dry brushes.

(4) Store all clean brushes in a clean, covered place that is labeled "Clean."

(5) All brushes used on a client or soiled in any manner shall be placed in a container labeled "Dirty," "Soiled," or "Contaminated."

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e) Business and Professions Code.

987. Towels

(a) After a towel, sheet, robe, linen, or smock has been used once, it shall be deposited in a closed container and not used until properly laundered and sanitized.

(b) Towels, sheets, robes, linens, and smocks shall be laundered either by regular commercial laundering or by a noncommercial laundering process which includes immersion in water at least 160 degrees F for not less than 25 minutes during the washing or rinsing operation. Alternately, it is acceptable if the commercial laundry opts to use chemicals and cold water to reduce organisms on laundry, provided the laundry follows manufacturers’ instructions for washing machines, dryers, detergents, rinse aids, and other additives. The laundry detergents used are not required to have stated antimicrobial claims.

(c) All clean towels, sheets, robes, linens, and smocks shall be stored in clean, closed cabinets or a clean, closed container.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

988. Liquids, Creams, Powders, and Cosmetics

(a) All liquids, creams, waxes, shampoos, gels, and other cosmetic preparations shall be kept in clean, closed containers. Powders may be kept in clean shakers.

(b) All bottles and containers shall be distinctly and correctly labeled to disclose their contents. All bottles and containers containing poisonous substances shall be additionally and distinctly marked as such. Poisonous substances that are maintained in the manufacturer-labeled container are not required to have additional labeling.

(c) When only a portion of a cosmetic preparation is to be used on a client, it shall be removed from the bottle or container in such a way as not to contaminate the remaining portion.

(1) This provision does not apply to cosmetic preparations that have been demonstrated to be unlikely to transmit pathogens (e.g., nail polish, artificial nail monomer liquids).

(d) Pencil cosmetics shall be sharpened before each use.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

989. Prohibited Hazardous Substances/Use of Products

No establishment or school shall:

(a) Have on the premises cosmetic products containing hazardous substances banned by the FDA for use in cosmetic products.

(b) Have on the premises methyl methacrylate monomer and/or methylene chloride.

(c) Use a product in a manner that is disapproved by the FDA, Occupational Safety and Health Administration, or EPA.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

990. Headrests, Shampoo Trays and Bowls, and Treatment Tables

(a) The headrest of chairs shall be covered with a clean towel or paper sheet for each client.

(b) Shampoo trays and bowls must be cleansed with soap and water or other detergent after each shampoo, kept in good repair, and in a sanitary condition at all times.

(c) Treatment tables must be covered with either clean treatment table paper, a clean towel, or a clean sheet after each use. After a towel or sheet has been used once, it shall immediately be removed from the treatment table and be deposited in a closed container and not used again until it has been properly laundered and sanitized. Treatment table paper shall be immediately disposed of after a single use.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

991. Invasive Procedures

(a) No licensee or student may use a product, device, machine, or other technique or combination of the same, which results in the removal, destruction, incision, or piercing of a client’s skin beyond the epidermis. Any such act shall be considered an invasive procedure.

(b) Invasive procedures include, but are not limited to, the following:

(1) Application of electricity that visibly contracts the muscle.

(2) Application of topical lotions, creams, serums, or other substances that require a medical license to purchase.

(3) Penetration of the skin by metal needles, except electrolysis needles/wire filaments.

(4) Abrasion and/or exfoliation of the skin below the epidermal layers.

(5) Removal of skin by means of a razor-edged tool or similar device.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7312(e), 7316, 7320, 7320.1, Business and Professions Code.

992. Skin Exfoliation

(a) Only the upper layer of the skin, known as the epidermis, may by any method or means be removed, and then only for the purpose of improving the appearance of the skin.

(b) Skin removal techniques and practices that result in destruction of living tissue beyond the epidermal layer of the skin is prohibited.

(c) Only over-the-counter products that are not sold for physician’s use only may be used for the purpose of skin exfoliation.

(d) All skin exfoliation products must be applied using the manufacturer’s instructions for consumer health and safety.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7312(e), 7316, and 7320, Business and Professions Code.

993. Prohibited Tools

(a) No establishment or school shall have on the premises or use any razor-edged tool for the purpose of removing calluses or other similar procedures.

(b) No establishment or school shall have on the premises or use any needle-like tool used for the purpose of extracting skin blemishes and other similar procedures.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Sections 7312(e), 7320, and 7320.1, Business and Professions Code.

994. Cleanliness and Repair

(a) Establishments and schools shall keep the floors, walls, woodwork, ceilings, furniture, furnishing, and fixtures clean and in good repair.

(b) No establishment or school shall permit an accumulation of waste, hair clippings, or refuse.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e), Business and Professions Code.

995. Building Standards

(a) Establishments and schools shall have a system of adequate ventilation in accordance with Part 2, Section 1203, Title 24, California Code of Regulations.

(b) A supply of hot and cold running water shall be provided in accordance with Part 5, Section 601.3.1, Title 24, California Code of Regulations.

(c) Establishments and schools shall supply potable drinking water in accordance with Part 5, Section 601.3.3, Title 24, California Code of Regulations.

(d) Establishments and schools shall provide hand washing facilities in accordance with Part 5, Section 601.3.2, Title 24, California Code of Regulations.

(e) Establishments and schools shall provide public toilet rooms in accordance with Part 5, Sections 422.6, 422.7, and Table No. 422.1, Title 24, California Code of Regulations.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 7312(e) and 7352, Business and Professions Code.

998. Schedule of Fees

The following fees (in dollars) shall be charged by the board:

(a) Barbers:

(1) Preapplication fee, 9

(2) Application and examination fee, 75

(3) Initial license fee, 50

(4) License renewal fee, 50 1

(5) License renewal delinquency fee, 25 1

(b) Cosmetologists:

(1) Preapplication fee, 9

(2) Application and examination fee, 75

(3) Initial license fee, 50

(4) License renewal fee, 50 1

(5) License renewal delinquency fee, 25 1

(c) Estheticians:

(1) Preapplication fee, 9

(2) Application and examination fee, 75

(3) Initial license fee. 40

(4) License renewal fee, 501

(5) License renewal delinquency fee, 251

(d) Manicurists:

(1) Preapplication fee, 9

(2) Application and examination fee, 75

(3) Initial license fee, 35

(4) License renewal fee, 50 1

(5) License renewal delinquency fee, 251

(e) Electrologists:

(1) Preapplication fee, 9

(2) Application and examination fee, 75

(3) Initial license fee, 50

(4) License renewal fee, 50 1

(5) License renewal delinquency fee, 25 1

(f) Apprentice application and license fee, 25

(g) Establishments:

(1) Application and initial license fee, 50

(2) License renewal fee, 40 1

(3) License renewal delinquency fee, 20 1

(h) Mobile Units:

(1) Application fee, 50

(2) Initial inspection and license fee,100

(3) License renewal fee, 40 1

(4) License renewal delinquency fee, 20 1

1 Fees effective for all licenses expiring on or after December 21, 2007.

2 Licenses of apprentices are not renewable.

Note: Authority cited: Sections 7312, 7337.5 (b) and 7421, Business and Professions Code. Reference: Sections 7415, 7417, 7418, 7420, 7423, 7423.5, 7424 and 7425, Business and Professions Code.

Article 13. Revenue

999. Charge for Dishonored Check

The charge for the return of a personal check without payment shall be an amount set by the Department of Consumer Affairs in accordance with the laws of the State of California. This charge is required in addition to the reimbursement of the dishonored check.

Note: Authority cited: Section 7312, Business and Professions Code. Reference: Section 1719, Civil Code; Section 6157, Government Code.

Issued By California Board of Barbering and Cosmetology
P.O. Box 944226
Sacramento, CA 94244-2260
(800) 952-5210
www.barbercosmo.ca.gov

Resale of the 2019 California State Board of Barbering and Cosmetology Act and Regulations is prohibited; all copies must be distributed free of charge.

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