Tuesday, June 2, 2015

Do I need a license to be a Makeup Artist in California?

Please know I'm not a lawyer. I'm posting this for my own personal knowledge.

I checked the California regulations for Cosmetology and there are exceptions to practicing Cosmetology in a licensed establishment.

Basically, entertainment industry is excluded from requiring employees to be licensed Cosmetology professionals. Also, retail establishments are excluded.  And, you may perform unpaid work outside of a licensed establishment (volunteer work).


First, you need to know what the practice of Cosmetology includes. You'll find that in CODE 7316
This is copied from 7316-1 (A)
   (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.


Then. you need to look up exceptions to the licensed practice of Cosmetology.
You'll find exceptions listed in CODE 7319

Specifically, check out 7319 - C
You'll see there are exceptions in California law for persons employed by various industries including the theatrical, radio, television and motion picture industries.

And, then check out 7319 - E
This explains exceptions for demonstrating or selling products.

(copied from Code 7319 link).
Exceptions to practicing Cosmetology in a licensed establishment

7319

7319.  The following persons are exempt from this chapter:
   (a) All persons authorized by the laws of this state to practice
medicine, surgery, dentistry, pharmacy, osteopathic medicine,
chiropractic, naturopathy, podiatry, or nursing and acting within the
scope of practice for which they are licensed.
   (b) Commissioned officers of the United States Army, Navy, Air
Force, Marine Corps, members of the United States Public Health
Service, and attendants attached to those services when engaged in
the actual performance of their official duties.
   (c) Persons employed to render barbering, cosmetology, or
electrolysis services in the course of and incidental to the business
of employers engaged in the theatrical, radio, television or motion
picture production industry.
   (d) Persons engaged in any practice within its scope when done
outside of a licensed establishment, without compensation.
   (e) Persons engaged in the administration of hair, skin, or nail
products for the exclusive purpose of recommending, demonstrating, or
selling those products.
   (f) Persons who render barbering or cosmetology services in an
institutional program during the course of and incidental to the
incarceration or confinement of inmates, prisoners, or persons
charged with a crime. However, all of the following conditions shall
apply:
   (1) Those persons shall complete a barbering training course,
developed by the Department of Corrections and approved by the
Department of Consumer Affairs, in the proper care of instruments and
the prevention of infectious diseases.
   (2) Those persons shall successfully pass an examination,
developed and administered by the Department of Corrections, on the
proper care of instruments and the prevention of infectious diseases.
   (3) All barbering facilities located in correctional institutions
shall be subject to all appropriate health and safety sanitation
standards, as determined by the Department of Corrections.


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