ASCP is in favor of Senate Bill 803 to further the sunset of the Barbering and Cosmetology Board, with some suggested amendments. ASCP is concerned about deregulating haircutting, hairstyling, and eyelash extensions, and including massage in the scope of practice for estheticians. ASCP details the potential negative impact on public health and safety.
We are in favor of Senate Bill 803, furthering the sunset of the Barbering and Cosmetology Board, with some suggested amendments. We are concerned about the deregulation of haircutting and hairstyling currently in the bill.
The California legislature has scheduled the Board of Barbering and Cosmetology sunset review for Friday, April 9, at 9:00 a.m. PT. If you would like to provide public comment at the hearing, you will have the opportunity. Or, you can submit written comments to us at email@example.com by April 8, 2021, and we will forward them to the appropriate committee.
At this time, all Board of Barbering and Cosmetology licensed individuals in California are allowed to practice—except Los Angeles County estheticians performing facial services that require client masks to be removed. Consider contacting the Los Angeles County Board of Supervisors to help LA estheticians return to practice.
Governor Newsom modified the state’s Stay at Home orders on December 3, dividing the state into five regions. Regions that have 15% or less intensive care unit (ICU) bed capacity will be shut down from all but essential services for three weeks.
ABMP communicated with the California Department of Public Health (CDPH) on August 28, 2020, and verified that medical massage therapy is now allowed to be performed indoors, regardless of which county you are in. The CDPH stated:
Governor Newsom announced a new COVID-19 website to identify what is open in California, available at https://covid19.ca.gov/safer-economy.
When visiting the covid19.ca.gov website, scroll down to “People want to know” and click on “What’s open in my county?” The website (https://covid19.ca.gov/safer-economy/) will allow members to find out in what capacity they are open—indoor or outdoor and with or without modifications. There may be county restrictions that apply as well.
The California Department of Public Health issued new guidelines for Personal Care Services on July 20, 2020, for massage therapists, estheticians, cosmetologists, and nail professionals. Outdoor hair salons also have new guidelines. In addition, the Department of Consumer Affairs and the Board of Barbering and Cosmetology (BBC) issued new guidance on July 20 regarding BBC licensees who intend to perform personal care services outdoors.
Personal Care Service Guidelines
Governor Newsom announced on July 13, 2020, that counties that have remained on the County Monitoring List for three consecutive days must close indoor businesses, which includes those offering personal care services as of July 13, 2020, “unless they can be modified to operate outside or by pick-up.” It has been interpreted that working outside is working outside of your establishment, so if you are required to have an establishment license, you are most likely not allowed to work outside.
There have been many changes in the massage therapy industry and community in response to COVID-19 (coronavirus), from executive orders affecting businesses, to emergency rulemaking altering renewal processes, to distance learning modifying the student experience. ABMP has summarized below how COVID-19 has impacted the licensing regulations and laws in the state of California, and we encourage you to also look at the information regarding the CARES Act outlined at the bottom of this email, which addresses financial aid and unemployment benefits and other programs.
As you are aware, the California Massage Therapy Act is up for sunset review this legislative session. However, ABMP just received confirmation that the California Legislature is adjourned until April 13, 2020. As such, the March 24, 2020, committee hearing is canceled. This is in response to COVID-19 (coronavirus) and the legislature engaging in social distancing to mitigate the spread of COVID-19. At this time, we do not know when a hearing will be rescheduled.
The California Massage Therapy Act is up for sunset review this legislative session. This is a periodic review—the legislature assesses the state of regulation of massage therapy practice, examining how well it serves public interest. In a sunset review, the legislative committee charged with oversight of a profession evaluates the need, effectiveness, and performance of an agency (in this case, the California Massage Therapy Council, or CAMTC) for the purpose of improvement or discontinuance.