Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a)
The Board shall issue a personal service permit (PSP) authorizing the holder of
the permit to perform certain barbering and cosmetology services outside of a
licensed establishment if the following conditions are met:
(1) The applicant is licensed by the Board
and has held a valid license for a minimum of two consecutive years, or has
been licensed in another state and is eligible for licensure pursuant to
section
7331
of the Business and Professions Code, as a barber, cosmetologist, esthetician,
or manicurist, and is not subject to denial pursuant to Business and
Professions Code section
480.
(2) The applicant submits via Live Scan a
full and complete set of his or her fingerprints for use in conducting a
criminal background check through the California Department of Justice.
Applicants may be denied a PSP on any applicable ground(s) set forth in
Business and Professions Code section
475.
(3) The applicant pays an application fee to
the Board as provided in Section
998 of these
regulations.
(4) The applicant
provides proof of current liability insurance in a minimum amount of
$1,000,000.
(b) A PSP
holder shall maintain liability insurance in a minimum amount of $1,000,000,
and present proof of liability insurance to the Board or its representatives
upon demand with reasonable notice.
(c) The services that may be performed
outside of a licensed establishment by a licensed barber who holds a PSP are as
follows:
(1) Shampooing;
(2) Cutting, styling, dressing, arranging,
curling and waving hair. These authorized services do not include singeing,
relaxing, chemically waving, or dyeing the hair.
(3) Applying hair tonics;
(4) Applying powders, clays, antiseptics, and
oils to the scalp, face or neck;
(5) Trimming the beard.
(d) The services that may be performed
outside of a licensed establishment by a licensed cosmetologist who holds a PSP
are as follows:
(1) Shampooing;
(2) Cutting, styling, dressing, arranging,
curling and waving hair. These authorized services do not include singeing,
relaxing, chemically waving, or dyeing the hair.
(3) Applying hair tonics;
(4) Applying powders, clays and oils to the
scalp, face or neck;
(5) Cleaning,
massaging, or stimulating the face and neck by means of the hands with the use
of cleansing agents. Antiseptics, tonics, lotions, or creams. This does not
include chemical exfoliation or exfoliation with the use of a tool, machine or
device;
(6) Removing hair from the
body of any person with tweezers;
(7) Applying make-up or strip
lashes;
(8) Buffing and filing
nails with non-electrical tools;
(9) Applying and removing nail
polish.
(e) The services
that may be performed outside of a licensed establishment by a licensed
esthetician who holds a PSP are as follows:
(1) Cleaning, massaging, or stimulating the
face and neck by means of the hands with the use of cleansing agents,
antiseptics, tonics, lotions, or creams. This does not include chemical
exfoliation or exfoliation with the use of a tool, machine or device;
(2) Applying make-up or strip
lashes;
(3) Removing hair from the
body of any person with tweezers.
(f) The services that may be performed
outside of a licensed establishment by a licensed manicurist who holds a PSP
are as follows:
(1) Filing and buffing of
nails by non-electrical tools;
(2)
Applying and removing nail polish.
(g) A PSP holder should use disposable tools
whenever possible.
(h) A PSP holder
shall follow all laws, rules and regulations applicable to the services
rendered, including but not limited to local laws and regulations.
(i) Upon completion of services outside of a
licensed establishment, the holder of a PSP shall:
(1) Provide the consumer with a Personal
Service Permit Consumer Notice (BBC-PSP (2020)), which is hereby incorporated
by reference.
(2) Obtain a signed
and dated receipt from the consumer that contains the following information:
A. The consumer's acknowledgement of receipt
of the Personal Service Permit Consumer Notice;
B. The consumer's name;
C. The consumer's phone number;
D. The consumer's email address, if
available
E. A list of all services
rendered to the consumer.
(3) Provide a copy of the receipt to the
consumer.
(4) Present a copy of the
receipt upon demand with reasonable notice to the Board or its representatives
and keep the receipt on file for a period of five (5) years from the date of
the service. Failure to present the receipt of Consumer Notice to the Board or
its representatives is grounds for discipline. The notice and receipt
requirements in this section may be satisfied
electronically.
1. New section
filed 7-23-2021; operative 10-1-2021 (Register 2021, No.
30).
Note: Authority cited: Sections
7312
and
7402.5,
Business and Professions Code. Reference: Sections
7312
and
7402.5,
Business and Professions Code.