Saturday, May 2, 2015

Do you need to be licensed to do eyelash extensions??

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.