Senate Bill 803 (SB 803) was signed into law by Governor Gavin Newsom in 2021 and went into effect in 2022, altering the scope of practice for estheticians and cosmetologists. ASCP has been following the new modalities and guidelines that were introduced since SB 803 was enacted, and those that remain out of scope for professionals. The California Board of Barbering and Cosmetology (Board) updated many Industry Bulletins on a range of topics, including:
- Lash and brow perming
- Eyelash and eyebrow services
- Hyaluron pen
- Skin care machines/devices
ASCP has summarized the updated Industry Bulletins below. To stay informed on future Industry Bulletins, visit the Board’s website regularly.
Dermaplaning—a procedure that exfoliates the epidermis by using a razor-edged tool, typically a single-use surgical blade with a rounded end, to remove fine vellus hair; also known as “dermablading.”
Effective January 1, 2022, dermaplaning is within the scope of practice for both estheticians and cosmetologists. Licensees must be fully trained before performing dermaplaning services to ensure client safety. Click here to review dermaplaning best practices.
The Board encourages licensees to discuss dermaplaning services with their liability insurance carrier to ensure they meet requirements for coverage. The Board also suggests licensees offering dermaplaning services obtain blood- and fluid-borne pathogen training from county and/or state resources.
Lash and Brow Perming
Eyelash and eyebrow perming—services that involve applying specially formulated products to keep eyelashes and eyebrows lifted, straightened, smoothed, and formed into a desirable shape for approximately four to six weeks, following the natural lash and brow growth cycle; also known as “lash lifts” and “brow lamination.”
Effective January 1, 2022, eyelash and eyebrow perming are within the scope of practice for estheticians, cosmetologists, and barbers. Licensees must be fully trained before performing lash and brow perming services to ensure client safety. Click here to review lash and brow perming best practices.
Eyelash and Eyebrow Services
The Board would like to remind licensees of the following information regarding eyelash and eyebrow services:
- The practice of tinting and perming eyelashes and eyebrows is within the scope of practice of only licensed cosmetologists and estheticians. Click here for information on eyelash and eyebrow tinting.
- The practice of applying eyelashes, eyelash extensions, and eyelash strips is within the scope of practice of only licensed cosmetologists and estheticians.
- The practice of eyelash perming is within the scope of practice of only licensed barbers, cosmetologists, and estheticians.
- The application or use of any drug-based prescribed product on a client may be considered the practice of medicine, and therefore, out of the scope of practice for Board licensees. This includes prescription products designed to enhance eyelash growth, thickness, and fullness.
Fibroblast—devices used to treat skin conditions, such as loose skin, moles, skin tags, stretch marks, and sunspots; also known as “plasma skin tightening.”
Treating the above skin conditions is not within the scope of practice for any Board licensee. If a machine or device produces any of the following, you are working out of your scope of practice:
- Removal of skin below the epidermis
- Piercing of the skin
- Heating or burning of the skin
Review the legal excerpts from the California Business and Professions Code for more information.
Hyaluron pen—a small, handheld device that uses pressure to push hyaluronic acid filler into the skin to plump lips and fill fine lines and wrinkles without a needle; also known as a “hyaluronic acid pen.”
The use of a hyaluron pen is not within the scope of practice for any Board licensee, because it is not within the scope of practice for any licensee to perform any type of injection.
Skin Care Machines/Devices
The Board would like to remind licensed cosmetologists and estheticians that invasive procedures that result in the removal, destruction, incision, or piercing of the skin beyond the epidermis or the application of electricity that visibly contracts the muscle are prohibited. Electrical stimulation during a skin care service falls within the practice of an esthetician under certain conditions: so long as the machine/device does not deliver an electrical current that will visibly contract the muscle of the body or face and/or result in the destruction or removal of the skin below a client’s epidermis.
The machines and devices listed below may not be considered an invasive procedure so long as they are used in a proper current range:
- High-frequency current
- Ultrasonic (low-frequency, low-powered, topical devices intended for skin cleansing, exfoliation, and product application)
- LED devices (410 nm–945 nm)
If you’re unsure whether a device or machine is permitted within your scope of practice, view Intended Use guidelines here (page 2).