Forums > Hair, Makeup & Styling > Doing make-up without a license

Wardrobe Stylist

Decadence D

Posts: 719

Chicago, Illinois, US

Lately, I've been coming into connection with MUA's that do not possess cosmetology licenses.  Now, I was always concerned about feeling I was pretty sure that was a requirement and if not should be.  We're talking about dealing with people's skin here.  Since I am asked to find MUA's for client projects often I was very curious to know. I was told by a MUA that one wasn't required in this state to do make-up and left it alone until recently a photographer was very hesitant, almost reluctant to tell me if his MUA of choice for our shoots had a license.  When I found out she didn't I went on ahead and finally did the research.

In my state, it IS unlawful to do make-up without a license unless you are applying the make-up as a brand purveyor, ya know like a MAC associate, Estee Lauder counter girl, or even Mary Kay salesperson. Otherwise, you are falsely presenting yourself as a cosmetologist.

So with that said, I'm curious to know what the laws are for cosmetologist licenses in other states. Also just thoughts of some of the MUA's on this topic.

Sep 17 07 01:21 am Link

Makeup Artist

Camera Ready Studios

Posts: 7191

Dallas, Texas, US

If the artist charges lets say $400.00 for a tube of lipstick instead of $400.00 for the job, that would make it legal....She is charging for the product and not the service...just a loop hole artists may want to think about.  As far as I know in every state you can apply for the pupose of selling cosmetics....as far as I know there is no law against charging hundereds of dollars for a really pretty lipstick.

We have an exemption in California and don't need to be licensed, I don't know of any really good busy artists in my area with a current comsetology license...my assistant has one and shes good  but she doesnt get any work yet on her own.

Sep 17 07 01:29 am Link

Makeup Artist

ROSHAR

Posts: 3791

Los Angeles, California, US

Well looks like if I move to NYC I will have to quit makeup and work at Starbucks then.

Sep 17 07 01:47 am Link

Model

Jessalyn

Posts: 21433

Denver, Colorado, US

Roshar wrote:
Well looks like if I move to NYC I will have to quit makeup and work at Starbucks then.

I'll take a Java Chip iced coffee.

Sep 17 07 01:59 am Link

Model

Nicholi

Posts: 793

Fort Lauderdale, Florida, US

Roshar wrote:
Well looks like if I move to NYC I will have to quit makeup and work at Starbucks then.

venti white mocha frappacino please, with whipped cream.

Sep 17 07 03:26 am Link

Photographer

Delightful Machinations

Posts: 365

Tucson, Arizona, US

I spend my days with a crapload of cosmotologists.  I'll ask them what the laws in AZ are and get back to y'all.

Sep 17 07 03:33 am Link

Makeup Artist

Kimberly Pletz

Posts: 950

Los Angeles, California, US

Decadence Dernier wrote:
Lately, I've been coming into connection with MUA's that do not possess cosmetology licenses.  Now, I was always concerned about feeling I was pretty sure that was a requirement and if not should be.  We're talking about dealing with people's skin here.  Since I am asked to find MUA's for client projects often I was very curious to know. I was told by a MUA that one wasn't required in this state to do make-up and left it alone until recently a photographer was very hesitant, almost reluctant to tell me if his MUA of choice for our shoots had a license.  When I found out she didn't I went on ahead and finally did the research.

In my state, it IS unlawful to do make-up without a license unless you are applying the make-up as a brand purveyor, ya know like a MAC associate, Estee Lauder counter girl, or even Mary Kay salesperson. Otherwise, you are falsely presenting yourself as a cosmetologist.

So with that said, I'm curious to know what the laws are for cosmetologist licenses in other states. Also just thoughts of some of the MUA's on this topic.

A Makeup artist that works IN A SALON needs a cosmotology license... Not a freelance artist.  If this were the case then the union for makeup artists & hairstylists would REQUIRE you to have a license. I think that the union knows the rules... One of the top hairstylists to the stars has no license, he doesnt even know how to cut or color, he just styles hair.... just a little example.

Sep 17 07 04:01 am Link

Makeup Artist

David Klasfeld

Posts: 2665

New York, New York, US

Decadence Dernier wrote:
In my state, it IS unlawful to do make-up without a license unless you are applying the make-up as a brand purveyor, ya know like a MAC associate, Estee Lauder counter girl, or even Mary Kay salesperson. Otherwise, you are falsely presenting yourself as a cosmetologist.

Maycuplover wrote:
A Makeup artist that works IN A SALON needs a cosmotology license... Not a freelance artist.  If this were the case then the union for makeup artists & hairstylists would REQUIRE you to have a license.

Bingo. This all varies greatly state by state and county by county. If you're really concerned check with your local Department of State, Division of Licensing Services, but know that the definitions you'll find will be vague and best and rarely enforced. Here for example is New York's. Also know that a cosmetology liscense is by no means an indicator of an artists' level of talent. It simply means that they've met the state's requirement for number of hours of instruction and passed their exams.

Sep 17 07 07:41 am Link

Makeup Artist

faithb

Posts: 830

Washington, District of Columbia, US

For the OP, a makeup license is different from a cosmetology license (at least in the DC/MD/VA region).  Keep in mind that it may vary by state.

Sep 17 07 08:13 am Link

Makeup Artist

Cynthia ORourke

Posts: 1435

New York, New York, US

New York's law says you need a license but there is case-law from the 80's that exempts makeup done on performers.  Sometimes the answer is not in the printed statutes.

Sep 17 07 10:56 am Link

Hair Stylist

Silver Immersion

Posts: 7

Catonsville, Maryland, US

There is no union for mua and hairstylists first of all(I wish there was!). Second of all, to style hair you do not need a license(ex; you can braid hair w/o a license, but you can't cut or shampoo), but to do chemicals you do have to be licensed. In MD there is a mua license that only requires 40 classroom hours to be licensed. No test.
Some mua are great at creating a beautiful illusion, but have no idea about sanitation and disinfection rules to protect them and their model. A cosmo license(like I have) gives you the ok to do makeup, all chemicals, waxing, apply makeup......you get the idea. Guess in the end its your call....

Sep 17 07 01:48 pm Link

Makeup Artist

Camera Ready Studios

Posts: 7191

Dallas, Texas, US

Silver Immersion wrote:
There is no union for mua and hairstylists first of all(I wish there was!). Second of all, to style hair you do not need a license(ex; you can braid hair w/o a license, but you can't cut or shampoo), but to do chemicals you do have to be licensed. In MD there is a mua license that only requires 40 classroom hours to be licensed. No test.
Some mua are great at creating a beautiful illusion, but have no idea about sanitation and disinfection rules to protect them and their model. A cosmo license(like I have) gives you the ok to do makeup, all chemicals, waxing, apply makeup......you get the idea. Guess in the end its your call....

actually there is a union for Makeup artists and hair stylists and almost all people working in film are part of it. They have to be.

Sep 17 07 03:18 pm Link

Photographer

Christopher Hartman

Posts: 54196

Buena Park, California, US

Mary wrote:
If the artist charges lets say $400.00 for a tube of lipstick instead of $400.00 for the job, that would make it legal....She is charging for the product and not the service...just a loop hole artists may want to think about.  As far as I know in every state you can apply for the pupose of selling cosmetics....as far as I know there is no law against charging hundereds of dollars for a really pretty lipstick.

We have an exemption in California and don't need to be licensed, I don't know of any really good busy artists in my area with a current comsetology license...my assistant has one and shes good  but she doesnt get any work yet on her own.

Wouldn't you then be required to give the product to whoever is paying?  And wouldn't those states LOVE that loop hole because now they can make sure you're paying a sales tax (on top of your income)?

Interesting loophole to say the least, but I don't trust the tax people.

Sep 17 07 03:50 pm Link

Makeup Artist

CMMakeup

Posts: 1727

New York, New York, US

call me crazy but I thought a cosmo license, for for hair (cutting/coloring) only. most friends that I know say the do one day of makeup and its usually a joke and so basic. There is an esthetics licesne, but same thing, its for facials and waxing and again they do maybe a day or to on makeup maybe, very basic. As far as I know there is no "license" for makeup, am I wrong? there are no state tests for makeup and makeup only that I know of??? If there was, like maycuplover said, the unions would require MUA's to have them, by law. Right now they only require hair people to have their cosmo License.

Another thought, if there was a state test on applying makeup what would they test on???? the correct way to apply eyeliner???? foundation? there are no rules when it comes to makeup, and application, its an art form. I mean you can test on sanitation but thats silly most good and succesful MUA's know sanitary rules. This is why the NY union got rid of their test to get in, there are so many forms of makeup and they would never agree on an application. A film artist would say it's to intense and a theater artist would say it's not intense enough. So how could the state possibly regulate makeup application, what works for one artist may not work for another. etc etc .

::gets of soap box::

Sep 17 07 04:01 pm Link

Model

MsHeidi

Posts: 2081

Jessheim, Akershus, Norway

In regard to the other contries around the world you do not need anything exept make up to "be" a MUA...

Sep 17 07 04:05 pm Link

Makeup Artist

T

Posts: 53557

Washington, District of Columbia, US

State of Maryland has a makeup artist only license

http://dllr.state.md.us/license/cosmet/cosreq.htm#ma

Sep 17 07 04:14 pm Link

Makeup Artist

T

Posts: 53557

Washington, District of Columbia, US

Unfortunately there are quite a few Professional Makeup Artist with horrible hygiene pratices. I've witnessed it. yikes

Sep 17 07 04:22 pm Link

Makeup Artist

CMMakeup

Posts: 1727

New York, New York, US

MakeupArtist laT wrote:
State of Maryland has a makeup artist only license

http://dllr.state.md.us/license/cosmet/cosreq.htm#ma

Good to know! but there is no test. you just have to have a certificate from a Makeup school.

Sep 17 07 04:22 pm Link

Makeup Artist

T

Posts: 53557

Washington, District of Columbia, US

Chris Milone wrote:

Good to know! but there is no test. you just have to have a certificate from a Makeup school.

right!

Sep 17 07 04:24 pm Link

Makeup Artist

Kristen S Makeup

Posts: 1371

Plymouth, Massachusetts, US

In Massachusetts, we are tested on makeup application on our cosmetology test but it's more about sanitation than anything else.

Sep 17 07 04:25 pm Link

Photographer

Mike Kelcher

Posts: 13322

Minneapolis, Minnesota, US

In Minnesota, a license is generally required and one needs to pass a test and pay a licensing fee. However, one of my larger competitors, (a national chain), didn't like that. So, they joined the American Screen Actors' Guild and call the products they apply "stage make-up". Apparently they get around the legal requirements that way.

Sep 17 07 04:28 pm Link

Makeup Artist

T

Posts: 53557

Washington, District of Columbia, US

In my entire career I have only been asked about my license 2-3 times. One was the Oprah "Live your best life" tour. It's not like I was doing her (I wish). But I guess her people were trying to cover their tracks. A comedy central gig asked about it as well.

But MOST could care less about license they want experience.

Sep 17 07 04:28 pm Link

Model

Christy Chung

Posts: 186

Montreal, Wisconsin, US

Roshar wrote:
Well looks like if I move to NYC I will have to quit makeup and work at Starbucks then.

LOL

Sep 17 07 04:32 pm Link

Makeup Artist

KeniaSantana

Posts: 824

Miami, Florida, US

In FLORIDA the REGULATION OF PROFESSIONS AND OCCUPATIONS for COSMETOLOGY states;


(f)  Persons whose practice is limited to the application of cosmetic products to another person in connection with the sale, or attempted sale, of such products at retail without compensation from such other person other than the regular retail price of such merchandise.

(2)  A license is not required of any person whose occupation or practice is confined solely to shampooing.

(3)  A license or registration is not required of any person whose occupation or practice is confined solely to cutting, trimming, polishing, or cleansing the fingernails of any person when said cutting, trimming, polishing, or cleansing is done in a barbershop licensed pursuant to chapter 476 which is carrying on a regular and customary business of barbering, and such individual has been practicing the activities set forth in this subsection prior to October 1, 1985.

(4)  A photography studio salon is exempt from the licensure provisions of this chapter. However, the hair-arranging services of such salon must be performed under the supervision of a licensed cosmetologist employed by the salon. The salon must use disposable hair-arranging implements or use a wet or dry sanitizing system approved by the federal Environmental Protection Agency.

(5)  A license is not required of any individual providing makeup, special effects, or cosmetology services to an actor, stunt person, musician, extra, or other talent during a production recognized by the Office of Film and Entertainment as a qualified production as defined in s. 288.1254(2). Such services are not required to be performed in a licensed salon. Individuals exempt under this subsection may not provide such services to the general public.

(6)  A license is not required of any individual providing makeup or special effects services in a theme park or entertainment complex to an actor, stunt person, musician, extra, or other talent, or providing makeup or special effects services to the general public. The term "theme park or entertainment complex" has the same meaning as in s. 509.013(9).

Sep 17 07 06:15 pm Link

Makeup Artist

v ic ki

Posts: 229

New York, New York, US

The state of VA does not have a makeup artist license.  DC/MD do.  I style hair but I do not cut and color.  Because I only style hair and don't use chemicals, I do not need a cosmetology license.

Sep 17 07 06:37 pm Link

Wardrobe Stylist

Decadence D

Posts: 719

Chicago, Illinois, US

Maycuplover wrote:

A Makeup artist that works IN A SALON needs a cosmotology license... Not a freelance artist.  If this were the case then the union for makeup artists & hairstylists would REQUIRE you to have a license. I think that the union knows the rules... One of the top hairstylists to the stars has no license, he doesnt even know how to cut or color, he just styles hair.... just a little example.

In my state, it is period. Salon or no salon. I live in Illinois. That's why I was asking about other states.

Sep 17 07 07:39 pm Link

Wardrobe Stylist

Decadence D

Posts: 719

Chicago, Illinois, US

Image by Kristen wrote:
In Massachusetts, we are tested on makeup application on our cosmetology test but it's more about sanitation than anything else.

Yea, my main concern was about sanitation. In the end brushes that repeatedly touch face after face are being used.  I've been witness to a model getting a really bad skin rash  after a shoot, and then another getting ringworm almost twenty minutes after make-up application. 

One could say a good MUA would know better, but how are you really supposed to tell? The thing is you can't until it is too late.

In my state they are soon going to make it where even braiders and other people who just style hair will be required to have some type of license as well.

Sep 17 07 07:48 pm Link

Photographer

Tanya Sockol

Posts: 425

Miami Beach, Florida, US

Ringworm twenty minutes after application? I find that difficult to belive as ringworm is nothing more than athlete's foot of the face/arms/legs etc. rather than the foot.  It takes a few days before it begins to show. 

I'm not saying that you could not get it from using the same brush, just find it a bit impossible for it to show up quite so quickly.

Sep 17 07 08:25 pm Link

Hair Stylist

Silver Immersion

Posts: 7

Catonsville, Maryland, US

The point here is that there are different regulations by state, but as a model your face is you business. You should want to safeguard it from the possibility of unnecessary germs and lazy un-professionals.

Sep 17 07 09:09 pm Link

Photographer

Digitoxin

Posts: 13456

Denver, Colorado, US

Maycuplover wrote:
A Makeup artist that works IN A SALON needs a cosmotology license... Not a freelance artist.  If this were the case then the union for makeup artists & hairstylists would REQUIRE you to have a license. I think that the union knows the rules... One of the top hairstylists to the stars has no license, he doesnt even know how to cut or color, he just styles hair.... just a little example.

Perhaps in Cali.

But, you are likely wrong as it relates to other States.

Sep 17 07 09:17 pm Link

Makeup Artist

DeLuca Sol

Posts: 1136

Dallas, Texas, US

In Texas you don't have to be liscenced to do makeup but you can't apply moisturizer  or do skin care before hand. You also can't cut or color hair but the loophole here is you can dry style on set but not in a salon. Thats the reason I rent my studio out to photographers...I'm always in a photography studio big_smile

I will say though that having a liscence doesn't make you talented.

Sep 17 07 09:22 pm Link

Makeup Artist

DeLuca Sol

Posts: 1136

Dallas, Texas, US

Spell check is my friend.

Sep 17 07 09:23 pm Link

Model

OneGuy

Posts: 347

Los Angeles, California, US

Decadence Dernier wrote:
Lately, I've been coming into connection with MUA's that do not possess cosmetology licenses.  Now, I was always concerned about feeling I was pretty sure that was a requirement and if not should be.  We're talking about dealing with people's skin here.  Since I am asked to find MUA's for client projects often I was very curious to know. I was told by a MUA that one wasn't required in this state to do make-up and left it alone until recently a photographer was very hesitant, almost reluctant to tell me if his MUA of choice for our shoots had a license.  When I found out she didn't I went on ahead and finally did the research.

In my state, it IS unlawful to do make-up without a license unless you are applying the make-up as a brand purveyor, ya know like a MAC associate, Estee Lauder counter girl, or even Mary Kay salesperson. Otherwise, you are falsely presenting yourself as a cosmetologist.

So with that said, I'm curious to know what the laws are for cosmetologist licenses in other states. Also just thoughts of some of the MUA's on this topic.

people can live there dream and do what they love to do without have to have some paper or someone elses permission! its up to the person who is hiring or using the MUA.

Sep 17 07 09:27 pm Link

Makeup Artist

StacyMakes-up

Posts: 158

NORTH HOLLYWOOD, California, US

Roshar wrote:
Well looks like if I move to NYC I will have to quit makeup and work at Starbucks then.

ha ha ha

Sep 17 07 09:36 pm Link

Makeup Artist

Lilium Makeup Artistry

Posts: 157

Greensboro, North Carolina, US

SingingSabre wrote:
I spend my days with a crapload of cosmotologists.  I'll ask them what the laws in AZ are and get back to y'all.

I looked into this before I moved to MA from AZ.  In AZ you have to have a cosmetology or esthetician's license to do makeup and charge for it.  Unless of course you work at a counter, but you can only apply while at said counter.  I'm not sure what the rules are if you aren't charging though..

Hope this helps.

Sep 17 07 10:49 pm Link

Makeup Artist

Camera Ready Studios

Posts: 7191

Dallas, Texas, US

Christopher Hartman wrote:

Wouldn't you then be required to give the product to whoever is paying?  And wouldn't those states LOVE that loop hole because now they can make sure you're paying a sales tax (on top of your income)?

Interesting loophole to say the least, but I don't trust the tax people.

I pay almost 50% in self employment tax on every dime I make in as it is....when I make $800.00 on a job, uncle sam takes about $350.00   Sales tax is ONLY ACT  If I have over a La Femme $2.00 lip stick and charge tax I owe uncle sdlk[ 0.00i

Sep 17 07 11:46 pm Link

Makeup Artist

Camera Ready Studios

Posts: 7191

Dallas, Texas, US

I hit the reply button while I was still typing...sorry about the non-sense typing at the end...anyway, my point is either way I pay almost 50% in tax on my profit

Sep 17 07 11:49 pm Link

Makeup Artist

KatAragon

Posts: 1549

FAIRFAX STATION, Virginia, US

Victoria Stiles wrote:
The state of VA does not have a makeup artist license.  DC/MD do.  I style hair but I do not cut and color.  Because I only style hair and don't use chemicals, I do not need a cosmetology license.

Vic, according to when we were doing our research for our salon in VA, and wanted to hire an assistant, we found that the assistant could not do anything to the hair but shampoo it. Not even style it! That was a couple of years back thought so not sure if it's changed now.

Sep 17 07 11:51 pm Link

Makeup Artist

KatAragon

Posts: 1549

FAIRFAX STATION, Virginia, US

Oh! And to get around that they had to join the apprentice program throught the state in order to be able to do more.

Sep 17 07 11:52 pm Link

Makeup Artist

Ashley Elizabeth

Posts: 1127

Miami Beach, Florida, US

Silver Immersion wrote:
There is no union for mua and hairstylists first of all(I wish there was!). Second of all, to style hair you do not need a license(ex; you can braid hair w/o a license, but you can't cut or shampoo), but to do chemicals you do have to be licensed. In MD there is a mua license that only requires 40 classroom hours to be licensed. No test.
Some mua are great at creating a beautiful illusion, but have no idea about sanitation and disinfection rules to protect them and their model. A cosmo license(like I have) gives you the ok to do makeup, all chemicals, waxing, apply makeup......you get the idea. Guess in the end its your call....

You've got to be kidding me!  Ever heard of IATSE?

Please don't speak about that which you obviously know nothing about.

Sep 18 07 12:01 am Link