Cal. Code Regs. tit. 16 § 965.2

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 965.2 - Personal Service Permit

(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.

Cal. Code Regs. Tit. 16, § 965.2

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.

1. New section filed 7-23-2021; operative 10/1/2021 (Register 2021, No. 30).