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Top Salon Violations:

1. Unlicensed Individual/Establishment – Section 7317, Fine: $1000
2. License not Displayed at Work Station – Section 965a, Fine: $100
3. Establishment license not posted in reception area – Section 965b, Fine: $100
4. Non-electrical items not disinfected properly – 979a, Fine $500
5. Incorrect disinfection of pedicure spas (per chair) – Section 980.1, Fine: $100

 

Summary of Barbering and Cosmetology Regulations

Article 1: Administration

• 904. Enforcement: It is necessary for all reception areas in both schools and establishments, as well as the “theory rooms” of schools, to clearly display a copy of the State Board’s health and safety regulations. Those who are licensed for an establishment or a mobile unit, as well as all licensed barbers, cosmetologists, estheticians, manicurists, electrologists, instructors, and apprentices, will be held responsible for the “implementation and maintenance” of the Board’s health and safety rules. Finally, except for students in schools, it is mandatory that all workers present an acceptable form of photographic identification upon the request of an authorized representative of the board, with the inability to do as a basis for “disciplinary action.”
• 905. Posting of Consumer Information Message: Each establishment must conspicuously post a “message to the consumer” that states that it is licensed by the State Board, which can address problems like health and safety, incompetence and negligence, misrepresentation, and unlicensed practice.

Article 3: Apprenticeship

• 921.1 Curriculum for Cosmetology Apprenticeship Course: A minimum of 20 hours of technical instruction (demonstration, lecture, classroom participation, or examination) must be spent on the topics of the Barbering and Cosmetology Act and the Board’s Rules and Regulations. Another 20 hours of technical instruction must be spent on health and safety and hazardous substances, which includes training in “chemicals and health in establishments...protection from hazardous chemicals and preventing chemical injuries, health and safety laws and agencies…and communicable diseases, including HIV/AIDS and Hepatitis B.” Finally, another 20 hours of technical instruction and 30 hours of practical operations (actual service on another person or a mannequin) must cover disinfection and sanitation, including education in the procedures that protect the health and safety of both the consumer and the technician.

Article 5: Mobile Units

• 937. Licensing and Operation: The Health and Safety Rules that pertain to barbering and cosmetology establishments also hold true for mobile units, unless otherwise specified.

Article 7: Continuing Education

• 950.2 Curriculum for Cosmetology Course: All of the same requirements above in section 921.1 of Article 3 are the same, except instead of 30 hours of practical operations for disinfection and sanitation, only 10 hours are required.
• 961. Text and Reference Books for Students: Each student is required to possess at least one of the board approved textbooks, the board’s Performance Criteria, and the Barbering and Cosmetology Act and the Rules and Regulations of the Board of Barbering and Cosmetology.

Article 8.5: Externship

• 962.3 Externship Curriculum for Cosmetology Students: A minimum of two hours of technical instruction and one hour of practical operations is required for the subject of disinfection and sanitation.

Article 11: Administrative Fines and Citations

• 974.1 Disciplinary Review Committee: The disciplinary review committee is made up of three members of the board, who are annually appointed by the board president.
• 974.2 Appeal to the Disciplinary Review Committee: A cited person may challenge or petition a citation or notice of violation on the following grounds: the incidence of a violation of the Barbering and Cosmetology Act, the period of time for correction, and the fine amount.

Article 12: Health and Safety

• 978. Minimum Equipment and Supplies: The disinfectant solution in establishments and schools must be mixed as specified by the manufacturer’s instructions and available for use at all times. Each container for the disinfection of instruments and equipment must be filled with enough solution so that the tools are completely submerged.
• 979. Disinfecting Non-Electrical Instruments and Equipment: All non-electrical tools must be properly disinfected (washed with soap and water and then submerged in disinfectant solution) before use on a patron, with the disinfectant solutions used being changed at least once a week or whenever it is perceptibly cloudy or dirty.
• 980. Disinfecting Electrical Instruments: Electrical instruments must be properly disinfected (all foreign matter is removed before disinfectant solution is applied) before each use.
• 980.1 Procedures for Cleaning and Disinfecting Whirlpool Footspas and Air-Jet Basins: After use on a patron, these footspas and basins must be recorded in the pedicure-cleaning log as cleaned and disinfected. Then, at the end of each day, after the last patron, each footspa and basin must be thoroughly cleaned and disinfected. Once a week, each unit must be left for six to ten hours while disinfectant solution sits in the basin. The pedicure-cleaning log must be presented upon the request of a client or a representative of the board, with violations of these procedures resulting in fines and/or disciplinary action (each unit counts as a separate infringement).
• 980.2 Procedures for Cleaning and Disinfecting Pipe-less Footspas: The same protocols for cleaning and disinfecting whirlpool footspas and basins above in section 980.1 hold true for pipe-less footspas.
• 980.3 Procedures for Cleaning and Disinfecting Non-Whirlpool Foot Basins or Tubs: The procedure is the same as for whirlpool foot basins, except it is not mandatory that the tub is disinfected for six to ten hours once per week.
• 981.Instruments and Supplies: If it is not possible to disinfect instruments and supplies (e.g. cotton balls, sponges, emery boards, etc.), after coming into direct contact with a client, such tools must be immediately disposed of. It is not permitted to transport instruments or supplies “in or on a garment or uniform” in an establishment or school.
• 982. Sterilizing Electrolysis Instruments: Before being used on a client in schools and establishments, it is necessary for electrolysis instruments to be cleaned and sterilized. It must be verified weekly that the sterilization equipment is reaching the required temperatures.
• 983. Personal Cleanliness: A licensee that is performing tasks on a client must be personally hygienic as well as have clean apparel. Also, it is required to wash one’s hand with soap and water immediately before serving a patron.
• 984. Disease and Infestation: It is prohibited for an establishment or school to knowingly allow a person with a transmittable infection or parasite to serve patrons or train. Moreover, an establishment or school cannot knowingly tolerate a licensee or student to attend to a client with a transmittable infection or parasite. Such transmittable infections or parasites include illnesses accompanied by a fever, strep throat, pink eye, whooping cough, chicken pox, mumps, tuberculosis, impetigo (bacterial skin infection), head lice, and crabs. However, HIV/AIDS and hepatitis B are not considered transmittable (for this section). Finally, a worker or trainee is not permitted to massage any other person where the surface of the skin or scalp is inflamed, broken, or infected.
• 985. Neck Strips: To prevent a protective covering from directly contacting a client’s neck, a sanitary neck strip or towel must be used.
• 986. Neck Dusters and Brushes: These tools, when used on a patron, must always be in a clean and sanitary condition.
• 987. Towels: Used towels must be placed in a closed receptacle and only used again once they have been appropriately laundered and sanitized; “clean towels must be stored in closed cabinets.”
• 988. Liquids, Creams, Powders and Cosmetics: All such substances must be kept in clean and closed containers or shakers (powders). Any bottle or container must be clearly and accurately labeled, especially if they contain poisonous materials. If only a portion of a container’s contents is used on a patron, it must be removed from the container in a manner that does not contaminate whatever remains.
• 989. Prohibited Hazardous Substances/Use of Products: Establishments and schools are strictly prohibited from possessing cosmetic products that contain hazardous substances that have been banned by the U.S. FDA for use in cosmetics. Furthermore, products may not be utilized in a fashion that is not approved by the FDA.
• 990. Headrests and Treatment Tables: A clean towel or paper sheet must cover chair headrests for each client; a clean sheet of examination paper must cover treatment tables for each patron. Also, shampoo trays and bowls must be maintained in good repair and sanitary condition, as well as be washed after each shampoo.
• 991. Invasive Procedures: No invasive procedures (“any act that affects the structure or function of living tissue of the face or body”) may be performed by any licensee. Such procedures include the contraction of muscles in response to electricity, applications of substances that influence living tissue, the piercing of the skin by metal needles (except for electrolysis needles), the abrasion of the skin below the epidermal layers, and the use of razor-edged tools to remove skin.
• 992. Skin Peeling: Only for the purpose of “beautification” can the epidermal layers of facial skin be removed, and only “commercially-available” products may be utilized; no layer below this upper level may be removed or affected, since this amounts to the practice of medicine.
• 993. Prohibited Instruments: Razor-edged tools (or other instruments to remove calluses) are prohibited, as are needle-like devices that would be used to extract skin blemishes and other related procedures.
• 994. Cleanliness and Repair: Establishments and schools must keep the interior furnishings and building structures clean and in good repair, and must prevent the accumulation of waste or refuse.
• 995. Building Standards: Establishments and schools must have a sufficient ventilation system, a supply of hot and cold running water, potable drinking water, hand washing amenities, and public toilets.

*** Please visit http://www.barbercosmo.ca.gov/laws/regs.html to obtain a more detail description of each article. ***

 

The Barbering and Cosmetology Act

Article 1: Administration

• SB consists of 9 members – 5 of which represent public members, and 4 of which represent professions members.
• Protection of the public is SB’s highest priority.
• SB conducts studies and reviews, and makes recommendations for future analysis.
• SB adopts rules governing sanitary conditions and precautions to be employed for public health and safety.

Article 2: Application of Chapter

• Nail care includes cutting, trimming, polishing, coloring, tinting, cleansing, or manicuring the nails of any person or massaging, cleansing, or beautifying the hands or feet of any person.
• It is illegal for to engage in barbering, cosmetology, or electrolysis for compensations without a valid, unexpired license issued by the SB. Any violation of this section is a misdemeanor.
• When providing a manicure or pedicure, no metal instruments shall be used except those metal instruments necessary for the cutting, trimming, manicuring, or pedicuring of nails or cuticles.

Article 3: Qualifications for Examination

• The SB shall admit to examination for a license as a manicurist to practice nail care to any person who applies properly, paid the fee required by the chapter, is no less than 17 years old, and has completed 10 th grade of school or the equivalent. They must also have done any of the following: completed a course in nail care from a school approved by the SB, practiced nail care outside of the state for a period of time equivalent to the study and training of a qualified person who has completed a course in nail care approved by the board. Each 3 months of practice shall be deemed the equivalent of 100 hours of training.
• SB shall grant a license to practice to an applicant who has completed the application and paid fees required by the board, have proof of current license issued by another state, is in good standing, and who has been active for three of the last five years.

Article 4: Apprenticeship

• An apprentice is a any person who is licensed by the board to engage in learning or acquiring knowledge of barbering, cosmetology, skin care, nail care, or electrology, in a licensed establishment under the supervision of a licensee approved by the board.
• SB may license as an apprentice in nail care any person who has applied properly, paid the fee required by the chapter, is over 16 years old, completed 10 th grade, and has submitted evidence acceptable to the board that any training required by the board shall be conducted in a licensed establishment and under supervision of a licensee approved by the board.
• All applicants for apprenticeship must perform the preapprentice training.
• License of apprentice expired 2 years after it’s issued.

Article 5: Examinations

• The exam consists of a practical demonstration and a written test. Practical demonstrations shall prevail over written tests. Written tests include questions about antisepsis, disinfection, sanitation.

Article 6: Establishments

• Operating an establishment requires an application to the bureau for a license accompanied by the fee required by the chapter.
• Establishments shall at all times be in charge of the licensed beauty provider, except for apprentices.
• No room of the establishment shall be used for residential purposes that would make that room unsanitary, unhealthy, or unsafe, or endanger the health and safety of the consuming public.
• Every establishment shall provide at least one public toilet room on premises for patrons. No restroom shall be used for storage.
• Every establishment shall provide adequate and convenient handwashing facilities, including running water, soap, and approved sanitary towels.
• Within 90 days after issuance of establishment license, the SB will inspect for compliance with requirements of this chapter. The board shall maintain a program of random and targeted inspections of establishments to ensure compliance.

Article 7: Mobile Units

• “Mobile Unit” means any self-contained, self-supporting, enclosed mobile unit which is at least 24 feet in length which is licensed as an establishment to perform barbering or cosmetology.

Article 8: Schools, Instructors, and Curricula

• A school approved by the board is one which is licensed by the Bureau for Private Postsecondary and Vocational Education, or a public school of the state, and provides a course of instruction approved by the board.
• The board shall determine by regulation for the required subjects of instruction to be completed in all approved courses, including minimum hours of technical instruction, and minimal hours of practical operations for each subject, and shall determine how much training is required before a student may begin performing services to paying patrons.
• The school must possess adequate floor space and equipment to accommodate for 25 students or more. School must maintain a course of practical training and technical instruction for the full cosmetology course as specified in this chapter an in board regulations.
• A nail care course established by a school shall consist of no less than 350 hours of practical training and technical instruction in accordance with a curriculum established by board regulation.
• A student, after 60% completion of a course, may begin work as an unpaid extern at an establishment.

Article 10: Licenses

• The license shall prominently state that the holder is licensed as a barber, cosmetologist, esthetician, manicurist, electrologist, or apprentice, and shall contain a photograph of the licensee.
• Every license shall display the license in a conspicuous place in his or her place of business or employment.

Article 11: Disciplinary Proceedings

• The board may revoke, suspend, or deny at any time any license required by this chapter on any of the grounds for disciplinary action provide in this article.
• Executive officer of SB may without advance hearing, pursuant to an inspection of an establishment where health and safety laws and regulations have been violated, suspend temporarily a license issued in order to protect the public’s health and safety. The suspended license shall be placed on probation for one year until the licensee undertakes board-approved remedial training, pay citation fees. The licensee whose license was suspended under this section may appeal in writing to the disciplinary review committee to determine if the suspension and the probationary terms should be modified or set aside.
• Grounds of disciplinary action are as follows: unprofessional conduct, failure to comply with requirements/rules governing health and safety approved by the State, continued practice by a person with infectious disease, habitual drunkenness/drugs, accepting payment for services in which one isn’t licensed for, failure to display license or health/safety rules and regulations in conspicuous place, failure to surrender a license that was issued by mistake.

Article 12: Administrative Fines and Citations

• SB has authority to assess administrative fines for violations of rules and regulations. All money collected will be put into the Board’s contingent fund.
• SB shall issue citations with respect to violations for which an administrative fine may be assessed. Each citation shall be in writing and describe with particularity the nature of the violation. The administrative fine shall be attached at the time the citation is written.
• Any licensee served with a citation may avoid the payment of associated administrative fine by presentation of written proof satisfactory to the board, that the violation has been corrected.
• Licensee may appeal a citation by writing to the board 30 days within the day citation was issued. Appeals not submitted in timely manner will by rejected. Any fines shall be stayed until the appeal has been adjudicated.
• Person appealing a citation shall appear in person before the disciplinary review committee and present written or oral evidence relating to the facts and circumstances for the citation issued. The disciplinary review committee shall administer a decision which may dismiss, reduce, or alter any charged filed in the citation. Person receiving disciplinary review may appeal review board’s decision by writing to the program manager.

Article 13: Revenue

• Licenses shall be issued for a 2-year period.
• An expired license may renew within 5 years following expiration upon payment of all accrued and unpaid renewal fees. If license is renewed after expiration, the licensee shall also pay the delinquency fee and meet current education requirements.
• Licensee may not renew license after it has been expired for 5 years – they must apply for, pay fees for, and retake exam all over again.
• The amounts and fees for individual practicing manicurists are as follows: a manicurist application and exam fee shall be the actual cost to the board for developing, purchasing, grading, and administering the exam. The manicurist initial license fee shall not be more than $35.
• The renewal fee shall not exceed $50.
• The amounts and fees for operating an establishment are as follows: $80 initial license fee, and $40 renewal fee.

*** Please visit http://www.barbercosmo.ca.gov/laws/index.htm to obtain a more detail description of each article. ***