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Ethics & California Law

70 questions
51. Under BPC §7352 the BBC citation procedure typically includes which feature?
a.A written citation that describes the violation, sets a fine or correction order, and informs the licensee of the deadline and right to request an informal conference or formal appeal✓
b.Anonymous fines with no right to know what was violated
c.A right to dispute the citation only after the fine is paid
d.Permanent loss of the license at first offense

BPC §7352 authorizes the BBC to issue written citations that identify the violation, set a fine or correction order, and notify the licensee of how and when to appeal. Citations are not anonymous, do not result in automatic loss of license, and the right to dispute does not require paying first.

BPC §7352
52. A barber uses electric clippers and shears that he owns personally. Under BPC §7363:
a.Equipment ownership is irrelevant to the BBC
b.Personally owned tools are exempt from inspection
c.His BBC license number must be associated with the equipment and tools he uses for services so an inspector can identify the licensee responsible for them✓
d.Only the salon owner's name needs to appear on the clippers

BPC §7363 ties the license display and identification requirements to the individual licensee and the equipment they use. An inspector must be able to associate the equipment in use with a specific licensed practitioner. Personal ownership of the tools does not exempt the licensee from this accountability.

BPC §7363
53. Under BPC §7401 an "itinerant" beauty operator who travels door-to-door soliciting paid haircuts at customer homes is generally:
a.Allowed only on weekends
b.Encouraged because it improves access
c.Allowed if the operator carries a printed copy of her license
d.Prohibited — services must be provided in a licensed establishment, with only narrow exceptions (such as services to shut-in or disabled clients) arranged through a licensed establishment✓

BPC §7401 prohibits itinerant practice — going from place to place soliciting customers — except under narrowly defined exceptions normally arranged through a licensed establishment. Random door-to-door beauty service does not qualify.

BPC §7401
54. BPC §7406 sets statutory DEFINITIONS for the regulated practices. Which of the following is the most accurate consequence of those definitions?
a.An act fits within BBC regulation only when it falls within the statutory definition of cosmetology, barbering, esthetics, electrology, manicuring, or hairstyling; acts outside those definitions are not BBC-regulated even if performed in a salon✓
b.Definitions only apply to advertising, not to scope of practice
c.Anything done in a salon is by definition cosmetology
d.Any beauty term in marketing is automatically a licensed practice

BPC §7406 defines the regulated practices. Whether a particular act is within BBC jurisdiction depends on whether it matches the statutory definition of cosmetology, barbering, esthetics, electrology, manicuring or hairstyling. Acts outside those definitions (e.g., body art, medical procedures) are regulated elsewhere or not at all by the BBC.

BPC §7406
55. Under California's CROWN Act (amending the definition of "race" in the Government Code's anti-discrimination statutes), discrimination because of "race" expressly includes:
a.Eye color and height
b.Traits historically associated with race, including hair texture and protective hairstyles such as braids, locs and twists✓
c.Only skin color
d.Only national origin

The CROWN Act amended the Government Code's definition of "race" to include traits historically associated with race, specifically hair texture and protective hairstyles such as braids, locs and twists. Salons and employers must not refuse service or jobs because of these protected traits.

56. Tattooing, branding, and body piercing in California are regulated under the Safe Body Art Act (Health & Safety Code §119300 and following). How does this interact with a BBC license?
a.Body art and cosmetology share the same license
b.A BBC esthetician license automatically authorizes tattoo work
c.A BBC cosmetologist license authorizes nipple piercing
d.Body art is OUTSIDE the BBC's scope; a BBC license (cosmetologist, esthetician, etc.) does NOT authorize tattooing, branding or body piercing, and those acts must be registered separately with the local health jurisdiction✓

The Safe Body Art Act places tattooing (including permanent makeup), branding and body piercing under local health department registration and inspection. A BBC license does not authorize these acts; they require Body Art Practitioner registration and a registered body art facility.

57. Two California laws (AB-1310 and SB-803) reformed BBC licensing around 2022. Which of the following is a CORRECT description of their effect?
a.They created a national reciprocity license
b.They eliminated the hands-on practical examination and adjusted minimum training hours, leaving a single written examination for licensure✓
c.They tripled the required training hours
d.They abolished the BBC

AB-1310 and SB-803 (effective 2022) eliminated the long-standing hands-on practical state exam and revised minimum training-hour requirements. After the reform, applicants take only the written multiple-choice state board exam to obtain BBC licensure.

58. A licensed cosmetologist moves to a new apartment on March 1. Under BBC rules her duty to notify the board of the new mailing address must be completed:
a.Within 90 days
b.Only at the next two-year renewal
c.Within 30 days of the change✓
d.Only if she leaves California entirely

California BBC rules require licensees to keep their address of record current with the board and to notify the BBC within 30 days of any change so that renewal notices, complaints and disciplinary mail reach them. The 30-day deadline applies whether or not it is renewal time.

59. During a routine BBC inspection of an establishment, the inspector expects to see FOUR required postings. Which list correctly captures them?
a.Each practitioner's individual BBC license at their station, the establishment license, a no-smoking notice, and a current itemized price list of services✓
b.Federal OSHA poster, fire extinguisher tag, exit sign, and parking permit
c.Owner's home address, employee Social Security numbers, lease, and supplier invoices
d.Owner's tax return, salon photos, payroll roster, and product list

BBC inspection rules expect the following postings to be conspicuously visible: each practitioner's individual license at their workstation, the establishment license, a no-smoking notice in the service area, and a current itemized price list of services. Tax returns, payroll, and personal addresses are not required.

60. A diabetic client asks for a pedicure that includes "shaving down" the calluses on her heels because they crack and bleed. The licensed manicurist should:
a.Trim the calluses with cuticle nippers because nippers are not blades
b.Explain that California law forbids cutting or shaving calluses, recommend a non-invasive smoothing with a fine foot file, and refer the client to a podiatrist or her physician for the cracked skin✓
c.Refuse to do any service at all on a diabetic client
d.Use a sharp credo blade quickly, since the client requested it

Under BPC §7317.5 cutting or shaving calluses is a medical act outside any BBC scope, regardless of a client's request. The professional response is to provide only non-invasive smoothing on intact skin and refer medical concerns (especially in a diabetic with cracked, bleeding skin) to a physician or podiatrist. A blanket refusal of all service would also be inappropriate.

BPC §7317.5
61. A consumer believes a salon performed an unsafe service and wants to file a complaint with the BBC. The correct first step is to:
a.Call the FDA; cosmetology is federally regulated
b.Sue the salon in small-claims court; the BBC accepts only court-confirmed cases
c.Post anonymously on social media and wait for the BBC to find the post
d.Submit a written complaint (online form or paper) to the BBC, which then assigns an investigator and may inspect the salon✓

California's Board of Barbering and Cosmetology receives consumer complaints directly through its online complaint form or by mailed paper form. Once received, the BBC opens an investigation, may inspect the establishment, and may pursue citation, fine, or discipline up to revocation. This complaint and enforcement framework is rooted in the Barbering and Cosmetology Act, including Bus. & Prof. Code §7314 (board's authority) and §7352 (citation procedure). Social media is not a complaint channel. Small-claims court is a private remedy, not a regulatory one. The FDA regulates cosmetics ingredients federally but does NOT license cosmetology services; that is a state function.

Bus. & Prof. Code §7314
62. A licensee changes her legal name after marriage. With respect to her BBC license, she must:
a.Take no action; the license follows the social security number regardless of name
b.Notify the BBC in writing within 30 days and request a license updated to her new legal name, supplying acceptable documentation✓
c.Have her employer notify the BBC; individual licensees are not responsible
d.Surrender her current license immediately and re-take the licensing exam

California licensees have an affirmative duty to keep their name and address records current with the BBC and to notify the board of changes in writing within 30 days, as required under the Barbering and Cosmetology Act and BBC rules (see Bus. & Prof. Code §7332.5 and §7392 et seq., and Bus. & Prof. Code §136 for the general 30-day name/address rule). Failure to update creates problems renewing and receiving disciplinary notices. Option A confuses the social-security identifier with the public name on the wall license. Option D invents a re-exam requirement that does not exist. Option C shifts responsibility away from the individual, contrary to the statute.

Bus. & Prof. Code §7332.5
63. A California-licensed manicurist's scope of practice does NOT include:
a.Performing a hand and foot massage that does not extend beyond the elbow or knee
b.Polishing, shaping, and applying artificial nails and gel polish to fingernails and toenails
c.Performing a facial chemical peel or extracting comedones from a client's face✓
d.Applying nail-product remover such as acetone

The Barbering and Cosmetology Act defines four license categories with different scopes. A manicurist may work on the hands, feet, and nails, including polish, artificial nails, gel, and a hand or foot massage that does not extend beyond the elbow or knee. Facial chemical peels and comedone extraction are esthetician (or full-cosmetologist) services that are OUTSIDE the manicurist scope and are prohibited for a manicurist under Bus. & Prof. Code §7321 (scope of manicurist license). Options A, B, and D are squarely within the manicurist scope. Stepping outside scope risks citation and license discipline.

Bus. & Prof. Code §7321
64. A California cosmetology license is valid for how long before it must be renewed, and what happens if the licensee allows it to lapse?
a.Five years; once lapsed it is permanently void and the holder must take all examinations again
b.Ten years; renewal is automatic if the licensee is still employed
c.One year; renewal requires 24 hours of continuing education each year
d.Two years; if it lapses, the license becomes delinquent but can typically be renewed by paying the renewal fee plus a delinquency fee for a limited period, after which restoration becomes more burdensome✓

California BBC licenses are renewed every two years. A timely renewal requires only the renewal fee; no continuing education is currently required by the BBC for cosmetologists. If a license lapses, it becomes delinquent and may be renewed by paying both renewal and delinquency fees within statutory windows; after extended non-renewal, restoration becomes more involved and can require additional steps. The biennial framework and renewal rules are set under the Barbering and Cosmetology Act (Bus. & Prof. Code §7330 and surrounding sections). Options A, B, and C state incorrect renewal periods or invent CE requirements that the BBC does not impose.

Bus. & Prof. Code §7330
65. A licensee moves to a new apartment. By California rule, the licensee must report the new address to the BBC within:
a.10 days
b.30 days✓
c.90 days
d.14 days

Bus. & Prof. Code §136 requires every licensee of any board within the Department of Consumer Affairs (which includes the BBC) to notify the board of a change of address of record within 30 days. The address of record is how the BBC sends renewal notices, citations, and inspection results, so timely updates protect the licensee's right to receive notice. The 30-day rule is one of the most-cited administrative requirements on the cosmetology law exam. Options A, C, and D either compress or extend the window incorrectly; only 30 days is the statutory standard.

Bus. & Prof. Code §136
66. A California-licensed MANICURIST is asked by a client to also perform a pedicure that includes scrubbing, foot-mask, and polish. Within scope, the manicurist may:
a.Refuse, because a manicurist license covers hands only and never feet
b.Perform the pedicure, because California's manicurist license expressly authorizes care of nails and skin on BOTH hands and feet, including non-invasive callus filing, scrub, mask, and polish, with a hand- or foot-massage that does not extend beyond the elbow or knee✓
c.Perform the pedicure only with a doctor's supervision because feet are medical territory
d.Perform the pedicure plus a Brazilian-style leg wax extending above the knee, because a manicurist scope is the same as a cosmetologist scope

California's manicurist license (Bus. & Prof. Code §7321) authorizes the manicurist to perform any practice 'in the cleaning, cutting, shaping, manicuring, pedicuring or beautifying of the fingernails or toenails' and the immediately surrounding skin, hands, feet, with a non-invasive hand or foot massage that does not extend beyond the elbow or knee. So pedicures are squarely IN scope. Credo blades and cutting living tissue are out of scope. Leg waxing above the knee crosses into esthetician/cosmetologist scope (option D). Option A misreads the statute. Option C invents physician supervision that the statute does not require for routine cosmetic foot care.

Bus. & Prof. Code §7321
67. A California BBC inspector arrives at a salon during business hours. The inspector's general authority typically includes:
a.Demanding personal medical records of any client present
b.Requiring the licensee to perform a service on the inspector for free
c.Entering the licensed premises during business hours without prior notice to inspect for compliance with the Barbering and Cosmetology Act and Title 16 rules, including verifying that posted licenses, sanitation, and equipment standards meet the law✓
d.Arresting any licensee on the spot for any violation, without due process

Under the Barbering and Cosmetology Act (see Bus. & Prof. Code §7350 and surrounding sections), the BBC and its inspectors are authorized to enter LICENSED premises during business hours without prior notice to inspect for compliance with the Act and the implementing regulations at Title 16 of the California Code of Regulations. Inspections verify license posting, sanitation, equipment storage, single-use practices, signage, and recordkeeping. Inspectors do not have authority to demand client medical records (option A), conscript free services (option B), or arrest licensees on the spot (option D). Findings may lead to a citation, fine, or referral for discipline with full notice and hearing rights.

Bus. & Prof. Code §7350
68. A licensee notices that a regular client has a fresh, weeping cold sore (herpes simplex) on her lip 30 minutes before a scheduled facial. The professional and legal response is to:
a.Perform the facial as planned because the client has paid in advance and is not contagious if she takes antiviral pills
b.Diagnose the lesion as herpes simplex out loud and refer her to a dermatologist by name
c.Decline to perform the facial today, explain in non-diagnostic terms that an open lesion in the service area is a contraindication and a contamination risk both to the client and to subsequent clients, offer to reschedule once the area is fully healed, and document the decision✓
d.Apply extra disinfectant to her face and proceed

Open or weeping skin lesions in the service area are a contraindication for facials, waxing, and similar services. The lesion can spread to other areas of the client's own face, to the worker, and to subsequent clients via tools and surfaces. The professional response is to decline the service today, explain in non-diagnostic terms (the licensee may not diagnose), offer to reschedule once the area is fully healed, and document the decision on the consultation form. Options A and D continue the service despite an obvious contraindication. Option B diagnoses the lesion, which is outside scope under Bus. & Prof. Code §7320 and the practice-of-medicine prohibition. Refusing service for a medical contraindication is not unlawful discrimination.

Bus. & Prof. Code §7320
69. A licensee posts an Instagram ad that promises 'medical-grade microneedling for guaranteed permanent acne scar removal in one session.' Which is the BIGGEST legal problem with the ad?
a.It misrepresents scope (microneedling beyond the stratum corneum is the practice of medicine), uses 'guaranteed' and 'permanent' language that violates BPC §651 false-and-misleading-advertising prohibitions for licensed professionals, and may also violate cosmetic-medical scope rules; the licensee may face BBC discipline and Medical Board referral✓
b.It uses the wrong font size
c.It does not include the price
d.It was posted on Instagram instead of Facebook

Bus. & Prof. Code §651 broadly prohibits false, fraudulent, misleading, or deceptive advertising by licensed professionals. 'Guaranteed' and 'permanent' results, claims of 'medical-grade' procedures, and any service that pierces beyond the stratum corneum (such as microneedling beyond about 0.3 mm) cross into the practice of medicine and are outside cosmetology and esthetician scope. The licensee risks BBC discipline for unlicensed practice of medicine and false advertising, and potential Medical Board enforcement. Font size, price disclosure, and platform choice (options B, C, D) are not the substantive legal problem the exam is testing.

Bus. & Prof. Code §651
70. A licensee learns during consultation that a client has active, draining tinea pedis (athlete's foot) and asks for a pedicure. The lawful and ethical response is to:
a.Perform the pedicure but use 'extra' alcohol on the tools
b.Refuse the pedicure for today, explain in non-diagnostic terms that an apparent fungal skin infection is a contraindication that risks spreading to herself and to subsequent clients, refer her to a physician without naming a diagnosis, and document the refusal✓
c.Loudly diagnose the client with 'athlete's foot' so other clients in the salon know to avoid her
d.Perform the pedicure but require the client to sign a waiver releasing the salon from infection liability

Active infectious skin conditions in the service area are a contraindication and a public-health hazard in a shared salon environment. The professional response is to decline the service today, explain WITHOUT diagnosing (the licensee may not diagnose under Bus. & Prof. Code §7320 and the practice-of-medicine prohibition), refer to a physician, and document. Tools cannot be 'fixed' with extra alcohol while the client is on them (option A); pumice and emery boards are porous single-use and cannot be disinfected at all. Publicly diagnosing the client (option C) violates dignity and scope. Liability waivers do not override sanitation rules or extinguish public-health duties (option D).

Bus. & Prof. Code §7320
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