California

CALIFORNIA HEALTH AND SAFETY CODE
DIVISION 104. ENVIRONMENTAL HEALTH
PART 15. MISCELLANEOUS REQUIREMENTS
Chapter 7. Tattooing, Body Piercing, and Permanent Cosmetics

119300 Health & Safety.

For purposes of this chapter, the following definitions shall apply:

(a) "Tattooing" means to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible through the skin.

(b) "Body piercing" means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow. "Body piercing" does not, for the purpose of this chapter, include piercing an ear with a disposable,
single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

(c) "Permanent> <cosmetics" means the application of pigments to or under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, or lip color.

(d) "Department" means the State Department of Health Services.

(Added by Stats. 1997, Ch. 742, Sec. 1. Effective January 1, 1998.)

119301 Health & Safety.

The California Conference of Local Health Officers shall establish sterilization, sanitation, and safety standards for persons engaged in the business of tattooing, body piercing, or permanent> <cosmetics.
The department shall provide the necessary resources to support the development of these standards. The California Conference of Local Health Officers shall consult and adopt, to the extent appropriate, the Bloodborne Pathogen Standard (Section 5193 of Title 8 of the California Code of Regulations) of the Department of Industrial Relations, Division of Occupational Safety and Health. The standards shall be directed at establishment and maintenance of sterile conditions and safe disposal of instruments. The standards may be modified as appropriate to protect consumers from transmission of contagious diseases through cross-contamination of instruments and supplies. The standards shall be submitted to the department for review and consultation by July 1, 1998.

(Added by Stats. 1997, Ch. 742, Sec. 1. Effective January 1, 1998.)

119303 Health & Safety.

(a) Every person engaged in the business of tattooing, body piercing, or permanent> <cosmetics shall register by December 31, 1998, with the county health department of the county in which that
business is conducted. A registrant shall do all of the following:

(1) Obtain a copy of the department's standards from the county health department, sign an acknowledgment upon receipt of the standards, and commit to meet the standards.

(2) Provide the county health department with his or her business address and the address at which the registrant performs any activity regulated by this article.

(3) Pay a one-time registration fee of twenty-five dollars ($25), to be paid directly to the county health department.

(4) Pay an annual inspection fee of one hundred five dollars ($105) to the county health department.

(b) This section does not preclude a county from charging an additional amount if necessary to cover the cost of registration and inspection.

119307 Health & Safety.

On or after January 1, 1999, any person seeking to engage in the business of tattooing, body piercing, or permanent> <cosmetics shall comply with the provisions of this chapter.

(Added by Stats. 1997, Ch. 742, Sec. 1. Effective January 1, 1998.)

119308 Health & Safety.

The president of the California Conference of Local Health Officers shall act as the chairperson of a task force to be formed for the purpose of recommending legislation to the Legislature concerning licensing, training, sanitation, and other subjects deemed necessary to protect the health and welfare of persons seeking the services of practitioners of tattooing, body piercing, and permanent> <cosmetics>. The task force shall be composed of 10 persons to be appointed by the president of the California Conference of Local Health Officers, and shall include a representative from the State Board of Barbering and Cosmetology, a physician and surgeon licensed in this state, a representative from a nonprofit professional body piercers' association, a representative from a nonprofit professional tattooists' association, a representative from a nonprofit
professional <permanent> <cosmetic association, a representative from a nonprofit professional cosmetology association, and a representative from an organization representing the interests of local health
departments. The president of the California Conference of Local Health Officers may appoint the remaining three members from any other groups that may, in the judgment of the president, be of assistance. The task force shall present its recommendations to the Legislature by January 1, 1999.

(Added by Stats. 1997, Ch. 742, Sec. 1. Effective January 1, 1998.)

California Acts

Chapter 745 of 2001, 2001-2002 Legislative Session

S.B. No. 1191, Chapter 745

FILED WITH SECRETARY OF STATE OCTOBER 12, 2001

INTRODUCED BY Senator Speier

MARCH 14, 2001

SEC. 149. Section 119308 Health & Safety of the Health and Safety Code is amended to read: 119308 Health & Safety. The President of the California Conference of Local Health Officers shall act as the chairperson of a task force to be formed for the purpose of recommending legislation to the Legislature concerning licensing, training, sanitation, and other subjects deemed necessary to protect the health and welfare of persons seeking the services of practitioners of tattooing, body piercing, and permanent> <cosmetics>. The task force shall be composed of 10 persons to be appointed by the President of the California Conference of Local Health Officers, and shall include a representative from the State Board of Barbering and Cosmetology, a physician and surgeon licensed in this state, a representative from a nonprofit professional body piercers' association, a representative from a nonprofit professional tattooists' association, a representative from a nonprofit professional <permanent> <cosmetic association, a representative from a nonprofit professional cosmetology association, and a representative from an organization representing the interests of local health departments. The president of the California Conference of Local Health Officers may appoint the remaining three members from any other groups that may, in the judgment of the president, be of assistance.

1999 Regulation

The State of California has passed a regulation which states that all permanent cosmetic, micropigmentation, and tattoo industries must register with the state by January 1, 1999. Each individual county will be allowed to set their own individual standards and will require some form of fee for a license to practice in California. Specifics about actual law governing training and enforcement will be pending. Your input in this matter is vital to be sure that a reasonable law is passed for this state.

.California:AB 186 dealing with tattooing, body piercing and permanent cosmetics will take affect on January 1, 1999, if passed. Part of this bill required the California Conference of Local Health Officers to establish sterilization, sanitation, and safety standards for persons engaged in the businesses of body modification. At present, the California Senate web site lists the bill inactive, pending recommendations from the California Conference of Local Health Officers.

May 1997

Legislation Impacting the Profession

There are a number of pieces of legislation impacting the barbering, cosmetology, and electrology professions that are currently under consideration by the California State Legislature. The following is a list of bills which the Board supports and may be of interest to you. The information provided is current as of April 1, 1997. For a more current status update or to find out more information regarding these bills, you may contact the author's office directly or Ms. Denise Brown, Deputy Executive Officer, Board of Barbering and Cosmetology, at (916) 327-6250.

Senate Bill 184 authored by Senator Richard Polanco and sponsored by the Barbering and Cosmetology Legislative Alliance. If passed by the Legislature and signed into law by the Governor, this bill will extend the Board's July 1, 1997 sunset date to July 1, 2001. Senate Bill 184 was scheduled to be heard before the Senate Business and Professions Committee on April 14, 1997.

Senate Bill 515 authored by Senator Richard Polanco and sponsored by the Barbering and Cosmetology Legislative Alliance. If passed by the Legislature and signed into law by the Governor, this bill will reinstate provisions establishing certain requirements that schools must meet in order to be approved by the Board of Barbering and Cosmetology, such as equipment, floor space and course requirements. Senate Bill 515 was scheduled to be heard before the Senate Business and Professions Committee on April 14, 1997.

Assembly Bill 186 authored by Assembly Member Valerie Brown will establish sterilization, sanitation, and safety standards for persons engaged in the business of tattooing, body piercing, or permanent cosmetics, and require the Department of Health Services to distribute those standards to county health departments. The bill will also require practitioners of tattooing, body piercing, and permanent cosmetics to be registered with the county in which they practice. If passed by the Legislature and signed into law by the Governor, the Bill will also establish a task force to be chaired by the State Director of Health Services, with participation by representatives of specified groups, for the purpose of recommending legislation to regulate these areas. Assembly Bill 186 was scheduled to be heard before the Assembly Committee on Health on April 15, 1997.

What Are the Consequences of Not Renewing Your License?

Do you know what the law says about your responsibility to renew your license and the consequences for not doing so? The two relevant sections of law dealing with this question are Sections 7417 and 7418 of the Business and Professions Code. They are reprinted below.

7417. Expired License

Except as otherwise provided in this article, a license which has expired for failure of the licensee to renew within the time fixed by this article may be renewed at any time within five years following its expiration upon application and payment of the current renewal fees. If the license is renewed more than 30 days after its expiration, the licensee, as a condition precedent to renewal, shall also pay the delinquency fee and meet current continuing education requirements, if applicable, prescribed by this chapter. Renewal under this section shall be effective on the date on which the application is filed, or on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the expiration date provided in this article which next occurs following the effective date of the renewal, when it shall expire if it is not again renewed.

7418. Canceled License

Except as otherwise provided in this article, a license which has not been renewed within five years following its expiration shall be deemed canceled and may not be renewed, restored, reinstated, or reissued thereafter. The holder of the canceled license may obtain a new license only by submitting an application, paying all required fees, and qualifying for and passing the examination that would be required if the holder were applying for the license for the first time.

Take a look at your license. If the expiration date was more than 30 days ago, your license has expired. Your license can be renewed only if five years or less has passed since its expiration date. If it has been more than five years your license is canceled.

Simply stated, if your license is canceled, you are no longer a licensee of the Board and must apply for licensure just like any other applicant wanting a new license to legally practice in California. This means you will have to submit an application for examination along with the appropriate fee and provide proof of your original qualifications. This includes meeting the current training requirements as established in the Board's curriculum specified in Sections 950.1 through 950.10 of the California Code of Regulations (CCR).

Depending on when you were originally licensed, you may have to go back to school for anywhere from 100 to 1600 hours of additional training, also referred to as "supplemental training." The number of hours would depend on the licensing category, the curriculum requirements at the time of original licensure, and your ability to provide proof of your original qualifications (i.e., Barber Graduation Letter, Record of Completion, or Proof of Training document).

As you can see, the consequences for not renewing your license in a timely manner can be very serious. Timely renewal of your license and prompt notification of any name or address change to the Board will take much less time and money than having to requalify and test to get a new license.

Did You Know?

The practice of injecting a client with anesthesia by a licensed electrologist is illegal? Section 7320 of the Business and Professions Code specifically prohibits any licensee from practicing medicine in an establishment licensed by the Board of Barbering and Cosmetology. Violation of this law is a misdemeanor and a fineable offense. The fine for a first offense is $100, and each subsequent violation increases to a maximum of $500.

Some Questions and Answers About Manicuring and Skin Care

It has been a while since we have published inquiries into the scope of practice for a manicurist and an esthetician. We've received numerous inquiries from licensees relative to the two subjects listed below and are therefore providing this information once again for Board licensees working in the field.

Manicuring

Q: What are some specific practices a manicurist cannot do?

A: As defined by state law (Section 7316 of the Business and Professions Code), "nail care is the practice of 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." Some of the services or practices not within this scope of practice (and therefore prohibited from being performed by a licensed manicurist) are:

Applying toning cream or cellulite removal cream to a client's legs or thighs.
Removing unwanted hair from toes or tops of feet with hair removal wax.
Paraffin wax treatments on the legs.
Applying moisturizing face mask (or chemical exfoliation compounds) to legs.
Applying sunless tanning lotion or spray to client's legs.

Esthetics

Q: Are estheticians in California able to use lancets and needles? Are they required to use sharps containers for these items?

A: The scope of practice for estheticians does not allow for the use of lancets or needles in the performance of their services. Those practices are defined in Section 7316(c), of the Business and Professions Code (B&P). The only profession regulated by the Board of Barbering and Cosmetology that is allowed to use needles is electrolysis. Its scope of practice is defined in Section 7316(d) (B&P).

Lancets are not permitted for use by any of the Board's licensed professions. Rather, they would come within the purview and practice of the medical profession. Section 7320, B&P Code, specifically prohibits any of our licensees from practicing medicine. Also, Section 991, Title 16 CCR, identifies invasive procedures that Board licensees may not perform on their clients. Subdivision (b)(3) addresses the use of metal needles. Using lancets is considered an invasive procedure.

As enumerated in the Board's Hazardous Substances Curriculum, any sharp instrument should be disposed of properly in a puncture-proof container. This is in line with Cal/OSHA's Bloodborne Pathogen rules requiring employers to use engineering controls where feasible to isolate or remove exposure to blood.

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Unregulated Services

The following services are not regulated by the Barbering and

Cosmetology Program, even though they may be performed by a

Program licensee in a salon or barbershop setting. The Program does not

establish any specific sanitation, training, or minimum competency

standards for these services, and licensees cannot lead consumers to believe

they have been licensed by the Program to provide them. Before you have

any of these services done, find out what type of training the individual has

received, and ask for references. CAUTION: With unregulated services, you

may not always get the results you want.

Permanent Cosmetics/Body Piercing/Tattooing

The Program does not regulate services such as the application of

permanent cosmetics, body piercing, and tattooing. However, a new law

establishes sterilization guidelines and requires county health departments

to conduct annual inspections of establishments offering these services.

Practitioners are required to register with their local county health

departments before December 31, 1998. The sterilization requirements

and inspections will begin after January 1, 1999.

AB 186 (Brown) -- Directs the California Conference of Local Health Officers to establish standards for persons in the tattooing, body piercing and permanent cosmetics business. Requires these practitioners to be registered with the county and requires the county to make annual inspections. Signed - Chapter 742/Statutes of 1997.