Capítulo 5 de 510% del examen

California Law, Scope of Practice & Establishment Rules

The final ten percent of the exam covers the Barbering and Cosmetology Act, the Board's regulations, and the boundary between esthetic practice and the practice of medicine. Scope of practice is the highest-value material here because violating it is what ends careers: it is the difference between a citation and the unlicensed practice of medicine. The recurring exam pattern is a client requesting something that sounds routine but is legally out of bounds, and the correct answer is almost always to explain the limit clearly and refer the client to a licensed medical professional.

What an Esthetician May and May Not Do

An esthetician beautifies and cares for the surface of intact skin using cosmetic preparations and approved equipment. That includes cleansing, exfoliating within superficial limits, extracting without puncturing, masking, massaging the face and neck, temporary hair removal by waxing, tweezing, threading, or depilatories, lash and brow shaping and tinting, and makeup application. It does not include diagnosing or treating any disease or disorder, penetrating living tissue, injecting any substance, operating lasers or other ablative light devices, or performing peels that reach the dermis. Manufacturer certification courses, a physician being somewhere on the premises, remote telephone instruction, a signed client waiver, and creative wording on a receipt do none of them expand a license's legal scope. When a client requests an injectable, a laser treatment, microblading, or a medical-strength peel, the correct response is to explain the boundary plainly and refer her to a licensed medical professional.

Surface only, intact skin only
Esthetic practice is limited to the surface of the skin using cosmetic preparations. Anything that penetrates living tissue is medical.
CA Business & Professions Code
No injections, no lasers, no medium or deep peels
These are medical procedures regardless of training, supervision claims, or client consent, and may never be performed under an esthetician license.
CA Business & Professions Code
No diagnosing or prescribing
Do not name a client's condition or recommend a medication. Describe what you observe and refer to a physician.
CA Business & Professions Code
Consent and certification do not expand scope
A waiver, a private certification course, or a differently worded receipt cannot authorize a procedure the license does not permit.
CA Business & Professions Code

Licensing, Renewal, and Unlicensed Activity

A California esthetician license is issued to an individual after meeting the education and examination requirements, and it must be renewed on the Board's schedule with the required fee. It is personal and cannot be lent, transferred, or shared. The current license must be displayed at the licensee's work station or in the establishment where clients can see it; a photocopy filed in a back office does not satisfy the requirement. Continuing to take clients after a license has expired is unlicensed activity, regardless of intent or of how recently the expiration occurred. There is a period during which an expired license can be renewed, but that is a window to complete renewal, not permission to keep working, and services must stop until the license is restored to active status. An owner who permits an unlicensed person to perform services, and the unlicensed person, are both subject to citation and discipline; a service being brief or simple creates no exception, and neither does a licensee watching from across the room. Only students and apprentices in an approved program may practice, and only within that program's supervision requirements.

Renew before expiration and post the license
Renew on the Board's schedule with the required fee and display the current license where clients can see it.
CA Business & Professions Code
An expired license means stop working
Practicing on an expired license is unlicensed activity. Stop services immediately and complete renewal before taking another client.
CA Business & Professions Code
Only licensees perform licensed services
Unlicensed staff may not perform any licensed service for compensation, and the owner who allows it is also subject to citation.
CA Business & Professions Code
A license is personal
Licenses cannot be lent, borrowed, transferred, or represented by a photocopy in a file.
CA Business & Professions Code

Establishment Requirements and Board Inspections

Services must be performed in a licensed establishment, which holds its own license tied to a specific location and cannot be shared across sites. The establishment must provide hot and cold running water and clean, accessible restroom facilities, maintain adequate lighting and ventilation, keep floors and surfaces clean, and it may not be used as living quarters with a direct opening into the area where services are performed. A residence used to provide services must meet the same establishment standards. Board inspectors visit licensed establishments unannounced during business hours, and licensees must permit entry and cooperate, providing access to the premises, licenses, and equipment; obstructing an inspector is itself a violation. Refusing entry, asking an inspector to wait until clients leave, or demanding a warrant for a routine regulatory inspection are all improper responses that can lead to citation. Inspections typically focus on posted licenses, implement disinfection, single-use item handling, linen storage, and the overall cleanliness of the facility.

Licensed establishment, one location
An establishment license is required and applies to a single specific location; it cannot be shared among unrelated businesses.
CA Business & Professions Code
Water, restrooms, and separation from living quarters
Provide hot and cold running water and clean restroom facilities, and keep living quarters separated from the service area.
CA Business & Professions Code
Inspections are unannounced; cooperate
Permit entry during business hours and provide access to the premises, licenses, and equipment. Obstruction is a separate violation.
CA Business & Professions Code
Keep compliance documentation on site
Posted licenses, product and disinfectant manufacturer directions, and Safety Data Sheets must be available on the premises, not stored off site.
CCR Title 16

Records, Complaints, and Professional Conduct

Good record keeping is both a safety practice and a legal protection. Client consultation forms, service records, patch test results, product ingredient lists, and notes on any reaction let a licensee demonstrate what was done and why, which matters if a client later files a complaint with the Board. Original product labels must stay intact because they carry the legally required use directions and hazard information, and Safety Data Sheets must remain accessible. If a client reports an injury such as a blistered or burned area after a service, the correct response is to advise prompt medical care, document the incident thoroughly including products and temperatures used, and cooperate fully with any investigation. Dismissing a client's report as normal delays needed treatment, and altering or destroying records to limit liability is misconduct in its own right. Professional conduct also means never diagnosing, never guaranteeing medical outcomes, respecting client privacy, and advertising only services the license permits.

Document consultations and services
Maintain client records including health history, patch tests, products used, and any reaction reported.
CCR Title 16
Report and document injuries honestly
Advise prompt medical care, record the incident and the products and settings used, and cooperate with any Board investigation.
CA Business & Professions Code
Never alter or destroy records
Changing or discarding records to limit liability is misconduct and is treated far more seriously than the original incident.
CA Business & Professions Code
Advertise only what you may lawfully perform
Marketing medical procedures under an esthetician license, or implying medical results, is a scope violation even if the service is never performed.
CA Business & Professions Code
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Last updated: July 2026

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