Stay on trend with current happenings, anything and everything related to your industry.

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To provide a service for any client will require an establishment license if you are renting a building or a suite which is referred to as a city business license certificate and a seller’s permit if you are going to retail any products.

In the field of beauty, makeup artistry you will find many definitions of how you will define your business such as consultant, advisor, teacher, representative of a cosmetic company, Avon, Mary Kay and so on. In today’s work force many department stores request a makeup certificate to sell cosmetics or an esthetics license if you are working for a brand like Anastasia Beverly Hills who offers brow shaping. It has become popular to work for these brands which makes them in high demand and by asking for these certifications it helps eliminate the mass of applicants. Somethings are not going to be on point at the time of your research and may be a little miss guided. Yet, this is our world we live in, everyone has an opinion so embrace it with the good and bad. Never stop learning and always be willing to listen, young or old there will always be something of interest to spark motivation or stimulate you to learn more.

This is a wonderful career that doesn’t stop at a license or certificate you will find many areas to specialize in to add to your knowledge and expertise.

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A career in makeup artistry is known to be an addition to cosmetology, barbering or esthetics license. You will receive a few pointers in makeup application and you must have 100 hours as required by state board to qualify for a cosmetologist or estheticians license.

However, it will not cover the necessary knowledge needed to pursue it as a full-time career. In short there has been a lot of controversy surrounding a makeup artist license and to date it still remains unsolved by the United States Government. Due to the California Board of Barbering and Cosmetology  and the Make-up Artist & Hair Stylists Guild I.A.T.S.E. Local 706 which will vary by state.

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PSP ( PERSONAL SERVICE PERMIT )

Learn more about the proposed report on PSP Personal Service Permit from the California Board of Barbering and Cosmetology click here for a 25 page detailed report.

Board of Barbering and Cosmetology

Report on the Implementation Progress of the Personal Service Permit

In March of 2015, the Senate ;md Assembly Business and Professions Committees conducted a joint oversight Sunset review hearing of the California Board of Barbering and Cosmetology (Board). Assembly Bill 181 (AB 181) was the resulting legislative law from the joint Committees hearing. The provisions of AB 181 became effective on January 1, 2016. Included in the legislative changes as promulgated by the bill was the requirement that the Board may issue a Personal Service Permit (PSP) to an individual who meets the criteria for a PSP as set forth by Board regulation. The Committees requested that at a minimum, two Stakeholder meetings be held to thoroughly determine if and how the industry wanted the PSP to be enacted. The Board is to report on the progress of the regulatory process and Issuance of the PSP to the Legislature
on or before July 1, 2017.

Personal Service Permit Definition

A permit that authorizes an individual to perform services, for which he or she holds a license, outside of an establishment in accordance with regulations established by the Board. Industry Trends California consumers are beginning to seek barbering and beauty services outside the walls of a traditional brick and mortar establishment. In addition, California is currently experiencing an upsurge of smart phone applications designed to connect a technician to a client with the intent of providing barbering or beauty services at an office, bridal suite, client home or other location, outside the confines of the licensed brick and mortar establishment. Generally speaking,
services rendered primarily include hairstyling, make up and nail polish changes.

Entrepreneurs with a personal nail service business model approached the Board staff to discuss how to legitimize the offering of nail services to office workers of large corporations within the State of California. The Board sees numerous articles from industry magazines endorsing the freelance career pathway. There are numerous advertisements in newspapers, blogs and posting boards, such as Craig’s List, advertising services being offered outside a licensed establishment.

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Please note; to date this is a current issue being explored by the State of California & (USA) Licensing Bureaus whom are getting reports and concerns on the mass exposure of social media and the freelance makeup artist. In the United States no license is required to do a makeup application for demonstration of cosmetics. The question is for the service fee of a makeup application?!

A Professional Makeup Artist should be properly certified by a facility with at least 60 hours or more in a training format consisting of a course syllabus with instructional guidance and hands on experience for consumer hygiene and safety being clearing defined.  Along with all necessary requirements to perform a makeup design and application.

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Taken from the State Board  California Board of Barbering and Cosmetology

COSMETIC SERVICES

1. What services can be provided in a salon? Who can perform these services?
Our licensees are able to perform services for beautification only. They may not perform procedures that penetrate the skin or affect any living tissue (with the exception of the electrologist who may penetrate the skin with the appropriate tools in the scope of their license).

  • Cosmetologist can prep, style, cut, color hair on the body including tinting eyelashes. They may also perform facials and remove hair by waxing or tweezing. Their license also allows them to provide the services of a manicurist and esthetician.
  • Barbers can prep, style, cut and color hair. They may also apply cosmetic preparations, antiseptics, powders or lotions to the scalp, face or neck. Barbers are the only licensees who can perform a shave on a consumer.
  • Estheticians can perform facials; remove hair by tweezing or waxing. They may also apply makeup and false eyelashes.
  • Manicurists can give manicures and pedicures and apply, false nails (using gel, acrylic or silk). Their licenses limit their contact to the hand and foot area only.
  • Electrologists perform their services with a needle or probe to remove the hair on the body of a person using electric currents. This is the only license that allows a licensee to use a needle.

For further information of the scope of practice for our licensees you may view sections 950.1 – 950.5 in our regulations.

2. Are laser treatments regulated by the Board?
No. Our licensees are not allowed to penetrate the skin of a consumer or do any invasive procedure. It is against the law for a Board licensee to operate a laser unless they also have a medical license. Please refer to the Medical Board to inquire about the regulations on this type of treatment.

3. Is Botox regulated by the Board?
No. Our licensees are not allowed to penetrate the skin of a consumer or do any invasive procedure. It is against the law for a Board licensee to operate a laser unless they also have a medical license. Please refer to the Medical Board to inquire about the regulations on this type of treatment.

4. Is teeth whitening regulated by the Board?
No. Our licensees have not been trained to perform this type of service under their license. Contact the Dental Board for more information about the regulations on this type of activity.

5. Who can provide waxing services?
Cosmetologists and estheticians can perform waxing on the entire body.

6. Are spa/bridal parties in a home office or church legal in California?
Not if a licensee is providing the services. Any type of service that is regulated by the Board needs to be performed by a licensee in a licensed establishment. The Board must be able to inspect the tools and the location where services are being provided for the safety of the consumers of California. At this time, individuals providing spa/bridal parties at an unlicensed location can be cited for a violation of Business and Profession Code Section 7317. Practice of Barbering, Cosmetology, or Electrolysis for Compensation Without License which carries a $1,000 fine.

7. Can a cosmetologist, esthetician, , electrologist, or manicurist work in a doctor’s office? What types of services can they provide?
Only if the doctor’s office has an establishment license issued from the Board. And they may only perform services within their scope of practice. They may not penetrate the skin (with the exception of an Electrologist using a electrology needle or probe) or perform any services that would affect living tissue. Please refer to the Medical Board for additional restrictions.

8. Is threading, hair braiding, wig-styling or wig-making regulated by the Board?
These services are not regulated by the Board and do not need to be performed by a licensee.

9. Is permanent make-up regulated by the Board?
The Board does not regulate permanent make-up. This is considered an invasive procedure. You may contact your city or county for more information regarding permanent make-up and tattooing services and requirements.

Licensees who would like to perform this service cannot practice this service under the scope of their license or lead the public to believe the service is included in the scope of their license. The Board recommends licensees who provide the service do so in a separate room designated for this practice alone.

10. Do employees who only shampoo the hair of consumers need to be licensed by the Board?
Only a licensed barber, cosmetologist or apprentice can wash a consumer’s hair. The Board does not have a shampoo person’s license. Unless the employee has one of the above mentioned licenses, he or she cannot perform this service on a customer.

11. Are “Fish Pedicures” legal in California?
No. After researching “Fish Pedicures” the Board determined that disinfection methods were not consistent with Board regulations. You may view the Board of Barbering and Cosmetology Statement on “Fish Pedicures”.

12. Are certified massage therapists, acupuncturists or reflexologists regulated by the Board?
No. The Board does not regulated massage therapists, acupuncturists or reflexologists.

13. Are tanning salons regulated by the Board?
No. The Board does not regulate tanning salons. However, if the tanning salon offers services regulated by the Board, the salon will be subject to Board inspections.

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Make up

The Board continues to see unlicensed makeup studios opening for business. Within these studios unlicensed makeup artists are performing make up application. The makeup artist is charging a flat, service rate, for his/her service and stating they are merely demonstrating the make-up product.

Current Law

Section 7316 of the California Business and Professions Code defines the scope of cosmetology and skin care:

(b) The practice of cosmetology is all or any combination of the following practices:

(1) Arranging, dressing, curling, waving, machineless permanent waving, permanent waving, cleansing, cutting, shampooing, relaxing, singeing, bleaching, tinting, coloring, straightening, dyeing, applying hair tonics to, beautifying, or otherwise treating by any means, the hair of any person.

(2) Massaging, cleaning, or stimulating the scalp, face, neck, arms, or upper part of the human body, by means of the hands, devices, apparatus or appliances, with or without the use of cosmetic preparations, antiseptics, tonics, lotions, or creams.

(3) Beautifying the face, neck, arms, or upper part of the human body, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams.

(4) Removing superfluous hair from the body of any person by the use of depilatories or by the use of tweezers, chemicals, or preparations or by the use of devices or 2 appliances of any kind or description, except by the use of light waves, commonly known as rays .

(5) Cutting, trimming , polishing, tinting, coloring, cleansing, or manicuring the nails of any person.

(6) Massaging, cleansing, treating, or beautifying the hands or feet of any person .

(c) Within the practice of cosmetology there exist the specialty branches of skin care and nail care.

(1) Skin care is any one or more of the following practices :

(A) Giving facials, applying makeup, giving skin care, removing superfluous hair from the body of any person by the use of depilatories, tweezers or waxing, or applying eyelashes to any person.

(B) Beautifying the face, neck, arms, or upper part of the human body, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams.

(C) Massaging, cleaning , or stimulating the face, neck, arms, or upper part of the human body, by means of the hands, devices, apparatus, or appliances, with the use of cosmetic preparations, antiseptics, tonics , lotions, or creams.

Section 7317 of the California Business and Professions Code defines the where services must be performed:

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

Section 7319 (e) of the California Business and Professions Code defines the “demonstrating” exemption:

(e) Persons engaged in the administration of hair, skin, or nail products for the exclusive purpose of recommending, demonstrating , or selling those products.

Definition

According to Merriam-Webster’s on-line dictionary the definition of Demonstrating is : to show or prove the value or efficiency of to a prospective buyer < demonstrate a new product>

Intent

The intent of section 7319 (e) is to provide a means for retailers to show the value of a product so that a person may purchase the item and perform the service on themselves, at a later date, in the privacy of their own homes.

Factors of Demonstrating

• Pricing would be only for the product being demonstrated. There would not be a ‘consultation/service’ fee . It would not be the same pricing structure as a full service.

• The product demonstration would be with the intent that a person could perform the service on their own, at home, without a licensee/product instructor present.

• The demonstrator would not be encouraging the repeat of the service but rather the purchase of the product.

Recommendation Board staff does realize that unlicensed activity is being performed. Product demonstration is not taking place , but rather, a full service is being performed. The Enforcement Committee should discuss this issue and if warranted advise the staff on a course of action.

Information Verification Link click here California Board of Barbering and Cosmetology – Meeting Materials for October 16, 2014

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Board of Barbering and Cosmetology – Initial Statement of Reasons – Demonstration of Products

TITLE 16. BOARD OF BARBERING AND COSMETOLOGY

INITIAL STATEMENT OF REASONS

Hearing Date: October 14, 2015

Subject Matter of Proposed Regulations: Demonstration of Products
Sections Affected:

  • Adopt Section 965.1, Division 9 of Title 16, California Code of Regulations.

Specific Purpose of amendment:

1. Problem being addressed:

The Board is seeing a growing number of unlicensed individuals and/or businesses
performing services that fall within a scope of practice regulated by the Board who are
claiming they are merely offering a demonstration and that a license therefore is not
needed.

2. Anticipated benefits from this regulatory action:

Board will be better able to identify and prevent illegal unlicensed activities through its
inspections program.

Factual Basis/Rationale

The purpose of Section 7319(e) of the Business and Professions Code has always been to
exempt from Board licensing people who demonstrate products for the purpose of selling the product, such as employees at the cosmetic counter of a department store. But recently, the Board has come across a number of individuals, establishments and product manufacturers who are in effect providing barbering and cosmetology services for which a license is required but who claim they are exempt from licensing regulations under Section 7319(e), pertaining to product demonstrating. Following are examples of what the Board has experienced:

Eyelash Extensions: The Board has found instances of unlicensed individuals providing lash extension services in unlicensed establishments. Providers are taking a manufacturer’s “how to” course, applying the lashes to a client and claiming they are only charging the client for the cost of the lashes, as the cosmetics counter of a department store might do. However, clients are not just paying for the lashes, as the cost for false eyelashes themselves is relatively low ($20.00– $30.00) and these purported lash extension “demonstrations” currently cost around $150.00. It should be noted that the typical price for lash extensions by a licensed individual at a licensed salon is also around $150.00.

Home Hair Coloring: Some hair coloring manufacturers are also attempting to circumvent the Board’s regulations. One manufacturer describes itself in company literature as “a company that manufactures and sells at-home hair color and hair care products.” The company also offers customers the opportunity to purchase a consultation, full-service color and blow-out in the customer’s home performed by a company employee who is licensed with the Board of Barbering and Cosmetology. It is a violation of Section 7317 B&P for a licensee to perform such services outside of a licensed barbering and cosmetology establishment. Nevertheless, the company states that “The purpose of the (service) is to both demonstrate and recommend (the company’s) at-home hair color products”, and, as such “is exempt pursuant to Section 7319 (e).”

By refining the definition of “demonstrating” in Section 7319(e) B&P to stress that the service in question is a one-time event performed without compensation so that the customer can apply the product herself in the future, the Board will be better able to prevent unlicensed activity. Unlicensed activity is a serious problem in the State of California that endangers consumers by subjecting them to often untrained or poorly trained, unlicensed service providers. Moreover, because the State has no record of unlicensed shops, such establishments may operate undetected for years and avoid oversight by the Board’s inspection program, whose primary mission is to enforce health and safety rules and protect consumers. The Board has found that unlicensed shops are often unsanitary and allow services to be performed there that are prohibited by state law.

Underlying Data

None

Business Impact

This regulation will not have a significant adverse economic impact on businesses because there is no significant economic or fiscal cost associated with this proposal.

Economic Impact Assessment

This regulatory proposal:

Will not create or eliminate jobs within the State of California, or create new business or
eliminate existing business, or affect the expansion of businesses currently operating in
the State of California. The Board has no way of identifying how many businesses or
individuals might be engaging in this type of illegal, unlicensed activity, but those
businesses should not be operating anyway under existing California law. The regulation
proposed here will have no effect on businesses or individuals that are operating legally
in California.

  • Does help protect the health and welfare of California residents because it helps
    discourage people who are not legally qualified to work in the barbering and
    cosmetology industry from interacting and possibly endangering the public through their ignorance of California’s standards and practices for that industry.
  • Does not significantly affect worker safety because the rule regarding demonstrations
    has no bearing on worker safety.
  • Does not affect the state’s environment because the rule regarding demonstrations has
    no bearing on the environment.

Specific Technologies or Equipment

This regulation does not mandate the use of specific technologies or equipment.

Consideration of Alternatives

No reasonable alternative to the regulatory proposal would be either more effective in carrying out the purpose for which the action is proposed or would be as effective or less burdensome to affected private persons and equally effective in achieving the purposes of the regulation in a manner that ensures full compliance with the law being implemented or made specific.

Set forth below are the alternatives which were considered and the reasons each alternative was rejected:

  • Maintaining the status quo: The Board has determined that failure to make the proposed changes will make it easier for unlicensed individuals and businesses to circumvent the law.

Information verification click here Board of Barbering and Cosmetology – Initial Statement of Reasons – Demonstration of Products  

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