CALIFORNIA
PROFESSIONS CODE 7319 E (Business and Professions Code)
CONTRAVERSY?
YES!!! Let’s break it down from a different perspective.
Do you have to be licensed to do
eyelash extensions? Based off the current laws to date, I say NO. Please read further
to better understand.
1.
90%
of beauty schools do not even teach or discuss the application of individual
eyelashes in the curriculum, yet State Board knows the ins and outs of this
field? This should be an advanced class because it’s the eyes we are talking
about, in beauty school we aren’t taught detailed information about the eyes,
so does that mean only optometrists should be the only allowed professional to
do lashes? Most licensed estheticians feel they don’t even get enough within
the 600 hours they take, there’s so much that isn’t covered in school, but we
learn by continuing education.
2.
Permanent
make-up isn’t governed by State Board? So let me get this straight, we need a
license to apply skin care products? Products you can buy on Amazon with no license
required. But, you don’t need a license to put permanent ink on someone’s face?
Or breasts? Wow, this seems backwards.
3.
Some
of the lash artists we’ve trained have been doctors, dental hygienists, nurses
etc, and they were required to go to medical school, much more hours than a
600-1600 hour course, but does this mean they aren’t aware of sanitation? Or
practicing safely? Pretty sure they know a bit more on these topics than us in
beauty school, considering it’s a 2-6 year education they are required to
receive. Hmmmm…some of these professionals make amazing lash techs! But because
they didn’t go to beauty school, they aren’t qualified??? Our training goes
over sanitation and safety extensively whether you are licensed or not. Because
this is an imminent subject.
4.
Let’s
review the laws and the bulletins you read, here’s what they state:
7316
states (1) Skin care is any one or more of the following
practices:
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.
Then 7319 E states the following persons are exempt from this chapter:
(e) Persons engaged in the administration of hair, skin, or nail
products for the exclusive purpose of recommending, demonstrating, OR selling those products.
Okay now the fun part,
first these codes/laws were written before individual eyelash extensions
existed, the mention of eyelashes in the laws is referring to strip lashes, but
let’s not even worry about that because again it’s controversial. Let’s talk
about the meat and potatoes of these laws, 7319 E clearly states this “demonstrating, recommending OR selling”
OR OR OR OR people! I do not see the word AND??? Therefore it can be
either one! State Boards argument is that you are not demonstrating, so
therefore that doesn’t apply to you? But what if in fact you are selling the product?
Since it states OR, the people that are selling the product are exempt from
being licensed, end of story. Until this wording is changed, then all
unlicensed individuals can apply lashes in a retail setting. Of course they
can’t if they are an employee of a salon, but if you are an independent, then
you can!
Why hasn’t this
wording been changed? Because then that requires the powers at be to attack the
major retailers that operate under the provision 7319 E, such as Macy’s, Nordstrom’s,
and Sephora. They are SELLING the products, yes they do demonstrations (both
sides of the face), and yes they are recommending what products to use. But
again, they can do either OR in order to be in compliance. How is this any
different if the unlicensed lash artist is selling the lash products and/OR
recommending them?
I will end with this,
there’s good and bad in every industry, there’s a ton of lash techs that aren’t
licensed but they do lashes correctly and safely, and on the flip side there
are tons of licensed estheticians and cosmetologists that do lashes incorrectly.
State Board represents State Board, so when you call in to ask questions they
are not your attorneys and even your attorney will never advise you to do
something that can come back to them as liability. They will always error on
the side of caution. You do not call State Board if you are upset with a makeup
product at Sephora because State Board doesn’t govern their regulations. Our
company wanted to present readers with a perspective that breaks down the
actual law and we hope to prove a point. Is California mixed up on priorities?
Maybe…overall we have nothing against State Board and respect their right to
enforce unlicensed activity, but it must be within the laws written. You can’t
throw out the lingo in order to favor enforcement. There is no mention of AND,
the law states OR! A licensed beauty professional versus a medical degree
versus a high school drop out etc are all different walks of life, at the end
of the day, our company just wants professionals out there lashing correctly. Lashing
is an art! Lashing requires 110% focus on sanitation, application and safety!
Lashing should be taught correctly, and if you are acting in accordance to the
laws under the OR provision then you shouldn’t have anyone second-guessing your
operations.
