State Of 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.
21Unregulated 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.
