BILL NUMBER: SB 362 CHAPTERED 10/11/03 CHAPTER 788 FILED WITH SECRETARY OF STATE OCTOBER 11, 2003 APPROVED BY GOVERNOR OCTOBER 10, 2003 PASSED THE SENATE SEPTEMBER 11, 2003 PASSED THE ASSEMBLY SEPTEMBER 10, 2003 AMENDED IN ASSEMBLY SEPTEMBER 9, 2003 AMENDED IN ASSEMBLY SEPTEMBER 3, 2003 AMENDED IN SENATE MAY 7, 2003 AMENDED IN SENATE APRIL 23, 2003 INTRODUCED BY Senator Figueroa (Coauthors: Senator Vincent) (Coauthors: Assembly Members Correa and Nation) FEBRUARY 19, 2003 An act to amend Sections 125.9, 1616.5, 1742, 1765, 1775, 7303.1, 7309, 7313, 7317, 7319.5, 7321, 7321.5, 7324, 7326, 7330, 7332, 7333, 7334, 7335, 7336, 7337, 7337.5, 7338, 7340, 7341, 7342, 7344, 7353, 7354, 7355, 7356, 7357, 7359, 7362, 7362.1, 7362.2, 7362.3, 7364, 7365, 7366, 7367, 7389, 7395.1, 7396, 7400, 7401, 7403, 7404, 7405, 7406, 7407, 7408, 7409, 7410, 7414.1, 7414.3, 7414.4, 7414.6, 7415, 7421, and 7422 of, and to amend and repeal Sections 1601.1, 7390, 7391, 7392, 7393, 7394, and 7395 of, to add Sections 7303.2 and 7403.5 to, to repeal Sections 7331.5, 7340.5, 7416, and 7423.5 of, and to repeal and add Sections 7331 and 7423 to, the Business and Professions Code, to amend Section 830.3 of the Penal Code, and to repeal Sections 3 and 4 of Chapter 859 of the Statutes of 2001, relating to business and professions. LEGISLATIVE COUNSEL'S DIGEST SB 362, Figueroa. Boards, bureaus, and commissions. (1) Existing law provides for the licensing and regulation of dental professionals and dental auxiliaries by the Dental Board of California and the Committee on Dental Auxiliaries. The provisions creating the board, authorizing the board to appoint an executive officer, and creating the committee will become inoperative on July 1, 2004, and will be repealed on January 1, 2005. This bill would delete these dates and extend operation of these provisions until July 1, 2005. (2) Existing law requires the Dental Board of California to adopt regulations prescribing the functions that may be performed by dental assistants, registered dental assistants, and registered dental assistants in extended functions. Existing law also authorizes registered dental hygienists in alternative practice to perform certain functions. This bill would authorize specific functions that may be performed by dental assistants, registered dental assistants, or registered dental assistants in extended functions and would also revise the functions to be performed by a registered dental hygienist in alternative practice. (3) Existing law requires the Director of Consumer Affairs to designate as peace officers persons to be assigned to the investigations unit of the board. This bill would delete that requirement. (4) Existing law requires the board to contract with a specified entity to conduct a followup study relating to the board's enforcement program. Existing law appropriates $75,000 from the State Dentistry Fund to the board for the followup study. This bill would delete these provisions. (5) Existing law authorizes specified boards, bureaus, and commissions within the Department of Consumer Affairs, the Osteopathic Medical Board of California, and the State Board of Chiropractic Examiners to establish regulations whereby the board, bureau, or commission, in specified circumstances, may impose administrative fines not exceeding $2,500 upon its licensees. Existing law requires these administrative fines to be deposited into the special fund of the appropriate board, bureau, or commission. This bill would increase the amount of this administrative fine to $5,000. These administrative fines would be deposited into a special fund of the particular board, bureau, or commission. (6) Existing law, the Barbering and Cosmetology Act, establishes the State Board of Barbering and Cosmetology in the Department of Consumer Affairs consisting of 9 members. Existing law requires the board, subject to the approval of the Director of Consumer Affairs, to appoint an executive officer to perform the duties delegated by the board. Existing law requires that a person who fails to qualify for admission to an examination because the person's practice does not fulfill specified requirements be given credit for study and training obtained that is substantially the same as the study and training required by the state. This bill would repeal this provision and would instead authorize the board to grant a license to an applicant who submits a completed application with the necessary fee, proof of a valid license issued by another state, and proof that the applicant has not been disciplined by another state. (7) Existing law requires that a cosmetology or barbering instructor training course shall consist of not less than 600 hours of practical training and technical experience. Existing law authorizes an individual to take the barbering or cosmetology instructor's examination if that person has, among other things, submitted an application and paid the appropriate fee to the board, completed the 12th grade, and has a valid license to practice. Existing law requires a licensed instructor to complete 30 clock hours of continuing education. Existing law excludes an instructor from complying with continuing education requirements if his or her license is inactive. This bill would repeal these provisions on January 1, 2005. (8) Existing law specifies licensing fees for cosmetologists, estheticians, manicurists, and other individuals licensed by the act. This bill would require that the application fee and examination fee for individuals licensed by the act be the actual cost to the board for developing, purchasing, grading, and administering the appropriate examination. The bill would authorize the director to immediately close any establishment which, upon inspection, poses an immediate threat to public health and safety. The bill would require, not later than September 1, 2005, the board to conduct various studies, some in conjunction with the Office of Examination Resources and some in coordination with Department of Industrial Relations, and to report the results to the Legislature and the Joint Legislative Sunset Review Committee. The bill would delete obsolete provisions and make conforming changes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 125.9 of the Business and Professions Code is amended to read: 125.9. (a) Except with respect to persons regulated under Chapter 11 (commencing with Section 7500), and Chapter 11.6 (commencing with Section 7590) of Division 3, any board, bureau, or commission within the department, the board created by the Chiropractic Initiative Act, and the Osteopathic Medical Board of California, may establish, by regulation, a system for the issuance to a licensee of a citation which may contain an order of abatement or an order to pay an administrative fine assessed by the board, bureau, or commission where the licensee is in violation of the applicable licensing act or any regulation adopted pursuant thereto. (b) The system shall contain the following provisions: (1) Citations shall be in writing and shall describe with particularity the nature of the violation, including specific reference to the provision of law determined to have been violated. (2) Whenever appropriate, the citation shall contain an order of abatement fixing a reasonable time for abatement of the violation. (3) In no event shall the administrative fine assessed by the board, bureau, or commission exceed five thousand dollars ($5,000) for each inspection or each investigation made with respect to the violation, or five thousand dollars ($5,000) for each violation or count if the violation involves fraudulent billing submitted to an insurance company, the Medi-Cal program, or Medicare. In assessing a fine, the board, bureau, or commission shall give due consideration to the appropriateness of the amount of the fine with respect to factors such as the gravity of the violation, the good faith of the licensee, and the history of previous violations. (4) A citation or fine assessment issued pursuant to a citation shall inform the licensee that if he or she desires a hearing to contest the finding of a violation, that hearing shall be requested by written notice to the board, bureau, or commission within 30 days of the date of issuance of the citation or assessment. If a hearing is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged. Hearings shall be held pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (5) Failure of a licensee to pay a fine within 30 days of the date of assessment, unless the citation is being appealed, may result in disciplinary action being taken by the board, bureau, or commission. Where a citation is not contested and a fine is not paid, the full amount of the assessed fine shall be added to the fee for renewal of the license. A license shall not be renewed without payment of the renewal fee and fine. (c) The system may contain the following provisions: (1) A citation may be issued without the assessment of an administrative fine. (2) Assessment of administrative fines may be limited to only particular violations of the applicable licensing act. (d) Notwithstanding any other provision of law, if a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine shall be represented as satisfactory resolution of the matter for purposes of public disclosure. (e) Administrative fines collected pursuant to this section shall be deposited in the special fund of the particular board, bureau, or commission. SEC. 2. Section 1601.1 of the Business and Professions Code, as added by Section 2 of Chapter 625 of the Statutes of 2002, is amended to read: 1601.1. (a) There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and four public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate. (b) For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California. (c) The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board. (d) This section shall become operative on January 1, 2002. (e) This section shall become inoperative on July 1, 2005, and, as of January 1, 2006, is repealed, unless a later enacted statute that is enacted before January 1, 2006, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the board subject to the review required by Division 1.2 (commencing with Section 473). SEC. 3. Section 1601.1 of the Business and Professions Code, as added by Section 2.5 of Chapter 532 of the Statutes of 2001, is repealed. SEC. 4. Section 1616.5 of the Business and Professions Code is amended to read: 1616.5. (a) The board, by and with the approval of the director, may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. (b) This section shall become operative on January 1, 2002. (c) This section shall become inoperative on July 1, 2005, and, as of January 1, 2006, is repealed, unless a later enacted statute that is enacted before January 1, 2006, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 5. Section 1742 of the Business and Professions Code is amended to read: 1742. (a) There is within the jurisdiction of the board a Committee on Dental Auxiliaries. (b) The Committee on Dental Auxiliaries shall have the following areas of responsibility and duties: (1) The committee shall have the following duties and authority related to education programs and curriculum: (A) Shall evaluate all dental auxiliary programs applying for board approval in accordance with board rules governing the programs. (B) May appoint board members to any evaluation committee. Board members so appointed shall not make a final decision on the issue of program or course approval. (C) Shall report and make recommendations to the board as to whether a program or course qualifies for approval. The board retains the final authority to grant or deny approval to a program or course. (D) Shall review and document any alleged deficiencies that might warrant board action to withdraw or revoke approval of a program or course, at the request of the board. (E) May review and document any alleged deficiencies that might warrant board action to withdraw or revoke approval of a program or course, at its own initiation. (2) The committee shall have the following duties and authority related to applications: (A) Shall review and evaluate all applications for licensure in the various dental auxiliary categories to ascertain whether a candidate meets the appropriate licensing requirements specified by statute and board regulations. (B) Shall maintain application records, cashier application fees, and perform any other ministerial tasks as are incidental to the application process. (C) May delegate any or all of the functions in this paragraph to its staff. (D) Shall issue auxiliary licenses in all cases, except where there is a question as to a licensing requirement. The board retains final authority to interpret any licensing requirement. If a question arises in the area of interpreting any licensing requirement, it shall be presented by the committee to the board for resolution. (3) The committee shall have the following duties and authority regarding examinations: (A) Shall advise the board as to the type of license examination it deems appropriate for the various dental auxiliary license categories. (B) Shall, at the direction of the board, develop or cause to be developed, administer, or both, examinations in accordance with the board's instructions and periodically report to the board on the progress of those examinations. The following shall apply to the examination procedure: (i) The examination shall be submitted to the board for its approval prior to its initial administration. (ii) Once an examination has been approved by the board, no further approval is required unless a major modification is made to the examination. (iii) The committee shall report to the board on the results of each examination and shall, where appropriate, recommend pass points. (iv) The board shall set pass points for all dental auxiliary licensing examinations. (C) May appoint board members to any examination committee established pursuant to subparagraph (B). (4) The committee shall periodically report and make recommendations to the board concerning the level of fees for dental auxiliaries and the need for any legislative fee increase. However, the board retains final authority to set all fees. (5) The committee shall be responsible for all aspects of the license renewal process, which shall be accomplished in accordance with this chapter and board regulations. The committee may delegate any or all of its functions under this paragraph to its staff. (6) The committee shall have no authority with respect to the approval of continuing education providers; the board retains all of this authority. (7) The committee shall advise the board as to appropriate standards of conduct for auxiliaries, the proper ordering of enforcement priorities, and any other enforcement-related matters that the board may, in the future, delegate to the committee. The board shall retain all authority with respect to the enforcement actions, including, but not limited to, complaint resolution, investigation, and disciplinary action against auxiliaries. (8) The committee shall have the following duties regarding regulations: (A) To review and evaluate all suggestions or requests for regulatory changes related to dental auxiliaries. (B) To report and make recommendations to the board, after consultation with departmental legal counsel and the board's executive officer. (C) To include in any report regarding a proposed regulatory change, at a minimum, the specific language of the proposed changes and the reasons for and facts supporting the need for the change. The board has the final rulemaking authority. (c) This section shall become inoperative on July 1, 2005, and, as of January 1, 2006, is repealed, unless a later enacted statute which becomes effective on or before January 1, 2006, deletes or extends the dates on which it becomes inoperative and is repealed. The repeal of this section renders the committee subject to the review required by Division 1.2 (commencing with Section 473). SEC. 6. Section 1765 of the Business and Professions Code is amended to read: 1765. No person other than a licensed dental hygienist or a licensed dentist may engage in the practice of dental hygiene or perform dental hygiene procedures on patients, including, but not limited to, supragingival and subgingival scaling, dental hygiene assessment, and treatment planning, except for the following persons: (a) A student enrolled in a dental or a dental hygiene school who is performing procedures as part of the regular curriculum of that program under the supervision of the faculty of that program. (b) A dental assistant acting in accordance with the rules of the board in performing the following procedures: (1) Applying nonaerosol and noncaustic topical agents. (2) Applying topical fluoride. (3) Taking impression for bleaching trays. (c) A registered dental assistant acting in accordance with the rules of the board in performing the following procedures: (1) Polishing the coronal surfaces of teeth. (2) Applying bleaching agents. (3) Activating bleaching agents with a nonlaser light-curing device. (d) A registered dental assistant in extended functions acting in accordance with the rules of the board in applying pit and fissure sealants. (e) A registered dental hygienist licensed in another jurisdiction performing a clinical demonstration for educational purposes. SEC. 7. Section 1775 of the Business and Professions Code is amended to read: 1775. (a) A registered dental hygienist in alternative practice may perform those preventive and therapeutic functions described in subdivision (a) of Section 1760, subdivision (a) of Section 1760.5, and subdivisions (a) and (b) of Section 1762 as an employee of a dentist or of another registered dental hygienist in alternative practice, or as an independent contractor, or as a sole proprietor of an alternative dental hygiene practice, or as an employee of a primary care clinic or specialty clinic that is licensed pursuant to Section 1204 of the Health and Safety Code or as an employee of a primary care clinic exempt from licensure pursuant to subdivision (c) of Section 1206 of the Health and Safety Code, or as an employee of a clinic owned or operated by a public hospital or health system, or as an employee of a clinic owned and operated by a hospital that maintains the primary contract with a county government to fill the county's role under Section 17000 of the Welfare and Institutions Code. (b) A registered dental hygienist in alternative practice may perform the dental hygiene services specified in subdivision (a) in the following settings: (1) Residences of the homebound. (2) Schools. (3) Residential facilities and other institutions. (4) Dental health professional shortage areas, as certified by the Office of Statewide Health Planning and Development in accordance with existing office guidelines. (c) A registered dental hygienist in alternative practice shall not do any of the following: (1) Infer, purport, advertise, or imply that he or she is in any way able to provide dental services or make any type of dental health diagnosis beyond those services specified in subdivision (a). (2) Hire a registered dental hygienist to provide direct patient services other than a registered dental hygienist in alternative practice. (d) A registered dental hygienist in alternative practice may submit or allow to be submitted any insurance or third-party claims for patient services performed as authorized pursuant to this article. (e) A registered dental hygienist in alternative practice may hire other registered dental hygienists in alternative practice to assist in his or her practice. (f) A registered dental hygienist in alternative practice may hire and supervise dental assistants performing functions specified in subdivision (b) of Section 1751. (g) A registered dental hygienist in alternative practice shall provide to the board documentation of an existing relationship with at least one dentist for referral, consultation, and emergency services. (h) A registered dental hygienist in alternative practice may perform dental hygiene services for a patient who presents to the registered hygienist in alternative practice a written prescription for dental hygiene services issued by a dentist or physician and surgeon licensed to practice in this state who has performed a physical examination and a diagnosis of the patient prior to the prescription being provided. The prescription shall be valid for a time period based on the dentist's or physician and surgeon's professional judgment, but not to exceed 15 months from the date that it was issued. SEC. 8. Section 7303.1 of the Business and Professions Code is amended to read: 7303.1. Protection of the public shall be the highest priority for the Board of Barbering and Cosmetology in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. SEC. 9. Section 7303.2 is added to the Business and Professions Code, to read: 7303.2. The board shall conduct the following studies and reviews, and shall report its findings and recommendations to the department and the Joint Legislative Sunset Review Committee no later than September 1, 2005: (a) The board, pursuant to Section 139 and in conjunction with the Office of Examination Resources of the department, shall review the 1600 hour training requirement for cosmetologists. (b) The board, in conjunction with the Office of Examination Resources of the department, shall evaluate the equivalency of the national exam. (c) The board shall conduct a study to assess the costs and benefits associated with requiring all applicants to submit fingerprint cards for background investigations. (d) The board, in coordination with the Department of Industrial Relations, shall review all components of the apprenticeship program, including but not limited to, the following: (1) Apprenticeship curriculum requirements. (2) The standards for the preapprentice trainers, program sponsors, trainers, and placement establishments. The board shall pay particular attention to ways to eliminate duplicative regulations. (e) The board shall review all components of the externship program. In addition to structural changes, the board shall address the following: (1) Whether the program should be eliminated. (2) Whether the program should be available to all students, not just cosmetology students attending private schools. (3) Whether the students should be paid. (f) The board shall assess the costs and benefits associated with same day licensing. If the board determines that the benefits of same day licensing outweigh the costs, the board shall immediately plan and implement safety measures to protect site staff and undispersed licenses. (g) The board, in conjunction with the Office of Examination Resources of the department, shall assess the validity of aggregate scoring for board applicants. SEC. 10. Section 7309 of the Business and Professions Code is amended to read: 7309. The board shall establish a principal office, and may establish branch offices and examination facilities in the state as may be deemed necessary for the board to conduct its business. SEC. 11. Section 7313 of the Business and Professions Code is amended to read: 7313. (a) (1) To ensure compliance with the laws and regulations of this chapter, the board's executive officer and authorized representatives shall, except as provided by Section 159.5, have access to, and shall inspect, any establishment or mobile unit during business hours or at any time in which barbering, cosmetology, or electrolysis are being performed. It is the intent of the Legislature that inspections be conducted on Saturdays and Sundays as well as weekdays, if collective bargaining agreements and civil service provisions permit. (2) The board shall maintain a program of random and targeted inspections of establishments to ensure compliance with applicable laws relating to the public health and safety and the conduct and operation of establishments. The board or its authorized representatives shall inspect establishments to reasonably determine compliance levels and to identify market conditions that require targeted enforcement. The board shall not reduce the number of employees assigned to perform random inspections, targeted inspections, and investigations relating to field operations below the level funded by the annual Budget Act and described in supporting budget documents, and shall not redirect funds or personnel-years allocated to those inspection and investigation purposes to other purposes. (b) To ensure compliance with health and safety requirements adopted by the board, the executive officer and authorized representatives shall, except as provided in Section 159.5, have access to, and shall inspect the premises of, all schools in which the practice of barbering, cosmetology, or electrolysis is performed on the public. Notices of violation shall be issued to schools for violations of regulations governing conditions related to the health and safety of patrons. Each notice shall specify the section violated and a timespan within which the violation must be corrected. A copy of the notice of violation shall be provided to the Bureau for Private Postsecondary and Vocational Education. (c) With prior written authorization from the board or its executive officer, any member of the board may enter and visit, in his or her capacity as a board member, any establishment, during business hours or at any time when barbering, cosmetology, or electrolysis is being performed. The visitation by a board member shall be for the purpose of conducting official board business, but shall not be used as a basis for any licensing disciplinary action by the board. SEC. 12. Section 7317 of the Business and Professions Code is amended to read: 7317. Except as provided in this article, it is unlawful for any person, firm, or corporation to engage in barbering, cosmetology, or electrolysis for compensation without a valid, unexpired license issued by the board, or in an establishment or mobile unit other than one licensed by the board, or conduct or operate an establishment, or any other place of business in which barbering, cosmetology, or electrolysis is practiced unless licensed under this chapter. Persons licensed under this chapter shall limit their practice and services rendered to the public to only those areas for which they are licensed. Any violation of this section is a misdemeanor. SEC. 13. Section 7319.5 of the Business and Professions Code is amended to read: 7319.5. Students engaged in performing services on the public while enrolled in a school approved by the board shall not be required to be licensed under this chapter if they perform those services at the approved school in which they are enrolled. SEC. 14. Section 7321 of the Business and Professions Code is amended to read: 7321. The board shall admit to examination for a license as a cosmetologist to practice cosmetology any person who has made application to the board in proper form, paid the fee required by this chapter, and is qualified as follows: (a) Is not less than 17 years of age. (b) Has completed the 10th grade in the public schools of this state or its equivalent. (c) Is not subject to denial pursuant to Section 480. (d) Has done any of the following: (1) Completed a course in cosmetology from a school approved by the board. (2) Practiced cosmetology as defined in this chapter outside of this state for a period of time equivalent to the study and training of a qualified person who has completed a course in cosmetology from a school the curriculum of which complied with requirements adopted by the board. Each three months of practice shall be deemed the equivalent of 100 hours of training for qualification under paragraph (1) of this subdivision. (3) Holds a license as a barber in this state and has completed a cosmetology crossover course in a school approved by the board. (4) Completed a barbering course in a school approved by the board and has completed a cosmetology crossover course in a school approved by the board. (5) Completed the apprenticeship program in cosmetology specified in Article 4 (commencing with Section 7332). SEC. 15. Section 7321.5 of the Business and Professions Code is amended to read: 7321.5. The board shall admit to examination for a license as a barber to practice barbering, any person who has made application to the board in proper form, paid the fee required by this chapter, and is qualified as follows: (a) Is not less than 17 years of age. (b) Has completed the 10th grade in the public schools of this state or its equivalent. (c) Is not subject to denial pursuant to Section 480. (d) Has done any of the following: (1) Completed a course in barbering from a school approved by the board. (2) Completed an apprenticeship program in barbering approved by the board as conducted under the provisions of the Shelley-Maloney Apprentice Labor Standards Act of 1939, Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code. (3) Practiced barbering as defined in this chapter outside of this state for a period of time equivalent to the study and training of a qualified person who has completed a course in barbering from a school the curriculum of which complied with requirements adopted by the board. Each three months of practice shall be deemed the equivalent of 100 hours of training for qualification under paragraph (1). (4) Holds a license as a cosmetologist in this state and has completed a barber crossover course in a school approved by the board. (5) Completed a cosmetology course in a school approved by the board and has completed a barber crossover course in a school approved by the board. (6) Completed comparable military training as documented by submission of Verification of Military Experience and Training (V-MET) records. SEC. 16. Section 7324 of the Business and Professions Code is amended to read: 7324. The board shall admit to examination for a license as an esthetician to practice skin care, any person who has made application to the board in proper form, paid the fee required by this chapter, and is qualified as follows: (a) Is not less than 17 years of age. (b) Has completed the 10th grade in the public schools of this state or its equivalent. (c) Is not subject to denial pursuant to Section 480. (d) Has done any of the following: (1) Completed a course in skin care from a school approved by the board. (2) Practiced skin care, as defined in this chapter, outside of this state for a period of time equivalent to the study and training of a qualified person who has completed a course in skin care from a school the curriculum of which complied with requirements adopted by the board. Each three months of practice shall be deemed the equivalent of 100 hours of training for qualification under paragraph (1). (3) Completed the apprenticeship program in skin care specified in Article 4 (commencing with Section 7332). SEC. 17. Section 7326 of the Business and Professions Code is amended to read: 7326. The board shall admit to examination for a license as a manicurist to practice nail care, any person who has made application to the board in proper form, paid the fee required by this chapter, and is qualified as follows: (a) Is not less than 17 years of age. (b) Has completed the 10th grade in the public schools of this state or its equivalent. (c) Is not subject to denial pursuant to Section 480. (d) Has done any of the following: (1) Completed a course in nail care from a school approved by the board. (2) Practiced nail care, as defined in this chapter, outside of this state for a period of time equivalent to the study and training of a qualified person who has completed a course in nail care from a school the curriculum of which complied with requirements adopted by the board. Each three months of practice shall be deemed the equivalent of 100 hours of training for qualification under paragraph (1). (3) Completed the apprenticeship program in nail care specified in Article 4 (commencing with Section 7332). SEC. 18. Section 7330 of the Business and Professions Code is amended to read: 7330. The board shall admit to examination for a license as an electrologist to practice electrolysis, any person who has made application to the board in proper form, paid the fee required by this chapter, and is qualified as follows: (a) Is not less than 17 years of age. (b) Has completed the 12th grade or an accredited senior high school course of study in public schools of this state or its equivalent. (c) Is not subject to denial pursuant to Section 480. (d) Has done any of the following: (1) Completed a course of training in electrolysis from a school approved by the board. (2) Practiced electrolysis, as defined in this chapter, for a period of 18 months outside of this state within the time equivalent to the study and training of a qualified person who has completed a course in electrolysis from a school the curriculum of which complied with requirements adopted by the board. Each three months of practice shall be deemed the equivalent of 100 hours of training for qualification under paragraph (1). (3) Completed the apprenticeship program in electrology specified in Article 4 (commencing with Section 7332). SEC. 19. Section 7331 of the Business and Professions Code is repealed. SEC. 20. Section 7331 is added to the Business and Professions Code, to read: 7331. The board may grant a license to practice to an applicant if the applicant submits all of the following to the board: (a) A completed application form and all fees required by the board. (b) Proof of a current license issued by another state to practice that is not revoked or suspended or otherwise restricted. (c) Proof that the applicant has not been subject to disciplinary action by any state in which he or she is or has been previously licensed to practice. If the applicant has been subject to disciplinary action, the board shall review that action to determine if it warrants refusal to issue a license to the applicant. (d) Any other information as specified by the board to the extent it is required of applicants for licensure by examination under this article. SEC. 21. Section 7331.5 of the Business and Professions Code is repealed. SEC. 22. Section 7332 of the Business and Professions Code is amended to read: 7332. An apprentice is any person who is licensed by the board to engage in learning or acquiring a knowledge of barbering, cosmetology, skin care, nail care, or electrology, in a licensed establishment under the supervision of a licensee approved by the board. SEC. 23. Section 7333 of the Business and Professions Code is amended to read: 7333. The apprentice training program shall be conducted in compliance with the Shelley-Maloney Apprentice Labor Standards Act of 1939, Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code, according to apprenticeship standards approved by the administrator of apprenticeship. A copy of the act shall be maintained on file with the board. SEC. 24. Section 7334 of the Business and Professions Code is amended to read: 7334. (a) The board may license as an apprentice in barbering, cosmetology, skin care, or nail care any person who has made application to the board upon the proper form, has paid the fee required by this chapter, and who is qualified as follows: (1) Is over 16 years of age. (2) Has completed the 10th grade in the public schools of this state or its equivalent. (3) Is not subject to denial pursuant to Section 480. (4) Has submitted evidence acceptable to the board that any training the apprentice is required by law to obtain shall be conducted in a licensed establishment and under the supervision of a licensee approved by the board. (b) The board may license as an apprentice in electrolysis any person who has made application to the board upon the proper form, has paid the fee required by this chapter, and who is qualified as follows: (1) Is not less than 17 years of age. (2) Has completed the 12th grade or an accredited senior high school course of study in schools of this state or its equivalent. (3) Is not subject to denial pursuant to Section 480. (4) Has submitted evidence acceptable to the board that any training the apprentice is required by law to obtain shall be conducted in a licensed establishment and under the supervision of a licensee approved by the board. (c) All persons making application as an apprentice in barbering shall also complete a minimum of 39 hours of preapprentice training in a facility approved by the board prior to serving the general public. (d) All persons making application as an apprentice in cosmetology, skin care, nail care, or electrology shall also complete minimum preapprentice training for the length of time established by the board in a facility approved by the board prior to serving the general public. (e) Apprentices may only perform services on the general public for which they have received technical training. (f) Apprentices shall be required to obtain at least the minimum hours of technical instruction and minimum number of practical operations for each subject as specified in board regulations for courses taught in schools approved by the board, in accordance with Sections 3074 and 3078 of the Labor Code. SEC. 25. Section 7335 of the Business and Professions Code is amended to read: 7335. (a) The license of an apprentice shall expire two years from the date the license was issued, or on the date the apprentice is issued a license following the license examination, or if the apprentice fails the license examination twice, on the date the results of the second examination are issued, whichever occurs first. (b) No person holding a license as an apprentice shall work more than three months after completing the required training without applying for and taking the examination for licensure. (c) The board may extend the two-year or three-month period described in subdivisions (a) and (b) upon a showing of good cause which shall include, but not be limited to, delays in applying for and taking the examination caused by the illness of, or accident to, the apprentice, or service in the armed forces of the United States. SEC. 26. Section 7336 of the Business and Professions Code is amended to read: 7336. An apprentice may do any or all of the acts for which he or she is licensed only in the licensed establishment and under the supervision and employment of a licensee approved by the board. SEC. 27. Section 7337 of the Business and Professions Code is amended to read: 7337. Every application for admission to examination and licensure shall be in writing, on forms prepared and furnished by the board. Each application shall be accompanied by the required fee, and shall contain proof of the qualifications of the applicant for examination and licensure. It shall be verified by the oath of the applicant. Every applicant shall, as a condition of admittance to the examination facility, present satisfactory proof of identification. Satisfactory proof of identification shall be in the form of a valid, unexpired driver's license or identification card, containing the photograph of the person to whom it was issued, issued by any state, federal, or other government entity. SEC. 28. Section 7337.5 of the Business and Professions Code is amended to read: 7337.5. (a) The board shall adopt regulations providing for the submittal of applications for admission to examination of students of approved cosmetology, electrology, or barbering schools who have completed at least 75 percent of the required course clock hours and curriculum requirements (60 percent for students of the manicurist course), or any person licensed as an apprentice in barbering, cosmetology, skin care, or nail care who has completed at least 75 percent of the required apprenticeship training hours. The regulations shall include provisions that ensure that all proof of qualifications of the applicant is received by the board before the applicant is examined. (b) An application for examination submitted by a student of an approved cosmetology, electrology, or barbering school under this section shall be known as a "school preapplication" and an additional preapplication fee may be required. (c) An application for examination submitted by a person licensed as an apprentice in barbering, cosmetology, skin care, or nail care shall be known as an "apprenticeship preapplication" and an additional fee may be required. (d) The board shall administer the licensing examination not later than 10 working days after graduation from an approved cosmetology, electrology, or barbering school to students who have submitted an application for admission for examination under the preapplication procedure, or not later than 10 working days after completion of an approved barbering, cosmetology, skin care, or nail care apprenticeship program for a person licensed as an apprentice. SEC. 29. Section 7338 of the Business and Professions Code is amended to read: 7338. The examination of applicants for a license shall include both a practical demonstration and a written test and shall embrace the subjects typically taught in a program approved by the board. The examination shall not be confined to any particular system or method. It shall be consistent in both practical and technical requirements, and of sufficient thoroughness to satisfy the board as to the applicant's skill in, and knowledge of, the practice of the occupation or occupations for which a license is sought. In the conduct and grading of examinations, practical demonstrations shall prevail over written tests. The scope of examinations shall be consistent with the definition of the activities licensed under this chapter, and shall be as the board, by regulation, may require to protect the health and safety of consumers of the services provided by licensees. The board's examinations shall be limited to clearly job-related questions, activities, and practical services. Examinations shall also include written tests in antisepsis, disinfection, sanitation, the use of mechanical apparatus and electricity as applicable to the practice of barbering, cosmetology, or electrolysis. They may include other demonstrations and tests as the board, in its discretion, may require. SEC. 30. Section 7340 of the Business and Professions Code is amended to read: 7340. All examinations shall be prepared by or under the direction of the board. The board shall establish standards and procedures governing administration and grading and shall exercise supervision as may be necessary to assure compliance therewith. SEC. 31. Section 7340.5 of the Business and Professions Code is repealed. SEC. 32. Section 7341 of the Business and Professions Code is amended to read: 7341. The board shall mail or deliver to every person failing any examination provided for in this chapter the total grade received on the examination. An unsuccessful applicant for licensure, after taking an examination and within 90 days after the results thereof have been declared, shall have the right to inspect his or her examination paper in the city in which the examination was taken. SEC. 33. Section 7342 of the Business and Professions Code is amended to read: 7342. Licenses in the practice of the occupation for which the license was sought shall be issued by the board to any applicant who satisfactorily passes an examination, who possesses the other qualifications required by law and who has remitted the license fee required by this chapter. The license shall entitle the holder to engage in the practice of that occupation in a licensed establishment. The license shall be issued by the board on the same day that the applicant satisfactorily passes the examination. SEC. 34. Section 7344 of the Business and Professions Code is amended to read: 7344. The board may contract or otherwise arrange for reasonably required physical accommodations and facilities to conduct examinations. SEC. 35. Section 7353 of the Business and Professions Code is amended to read: 7353. (a) (1) Within 90 days after issuance of the establishment license, the board or its agents or assistants shall inspect the establishment for compliance with the applicable requirements of this chapter and the applicable rules and regulations of the board adopted pursuant to this chapter. (2) The board may inspect the establishment for which a license application has been made prior to the issuance of the license. (b) The board shall maintain a program of random and targeted inspections of establishments to ensure compliance with applicable laws relating to the public health and safety and the conduct and operation of establishments. (c) The board or its authorized representatives shall inspect establishments to reasonably determine compliance levels and to identify market conditions that require targeted enforcement. (d) The board shall not reduce the number of employees assigned to perform random inspections, targeted inspections, and investigations relating to field operations below the level funded by the annual Budget Act and described in supporting budget documents, and shall not redirect funds or personnel-years allocated to those inspection and investigation purposes to other purposes. SEC. 36. Section 7354 of the Business and Professions Code is amended to read: 7354. For purposes of this article, "mobile unit" means any self-contained, self-supporting, enclosed mobile unit which is at least 24 feet in length which is licensed as an establishment for the practice of any occupation licensed by the board and which complies with this article and all health and safety regulations established by the board. SEC. 37. Section 7355 of the Business and Professions Code is amended to read: 7355. (a) Any person, firm, or corporation desiring to operate a mobile unit shall make an application to the board for a license containing the information and data set forth in subdivision (b). The applicant, if an individual, or each officer, director, and partner, if the applicant is other than an individual, shall not have committed acts or crimes which are grounds for denial of licensure pursuant to Section 480. A license issued pursuant to this section shall authorize the operation of the unit only within those geographical boundaries designated by the board. Operation of the unit outside of the geographical boundaries for which the license is issued shall be unlawful, unless a license for the expanded geographic area has been obtained upon compliance with this article applicable to the issuance of a license in the first instance. (b) Each application shall include the following: (1) A detailed floor plan showing the location of doors, windows, restroom facilities, sinks, lift or ramps, ventilation, equipment, and dimensions of the mobile unit in compliance with this article. (2) Proof of purchase or lease of the mobile unit and shop equipment. (3) The required fee. (4) Copies of applicable county and city licenses or permits to provide the mobile barbering, cosmetology, or electrolysis services in each county and city of operation and the locations therein where the services will be offered. (5) Proof of compliance with applicable city, county, and state plumbing, electrical, and fire laws. (6) Proof of a valid California driver's license issued to an officer or employee responsible for driving the mobile unit. (7) A permanent base address from which the mobile unit shall operate. (c) After initial approval of the floor plan and application has been granted, the applicant shall schedule an appointment to show the mobile unit to the board, or representative of the board, for final approval. SEC. 38. Section 7356 of the Business and Professions Code is amended to read: 7356. An application to transfer ownership or control of an existing licensed mobile unit shall be filed by the purchaser or lessor with the board within 10 days after purchase. Each application shall include the following: (a) A detailed floor plan showing the location of doors, windows, restroom facilities, sinks, lift or ramps, ventilation, equipment, and dimensions of the mobile unit. (b) Bills of sale or lease documents proving purchase or lease of existing equipment and the mobile unit. (c) The existing mobile unit license. (d) The required fee. (e) Copies of applicable city and county licenses or permits to provide the mobile services in each county and city of operation issued in the new owner's name. (f) Proof of compliance with applicable city, county, and state plumbing, electrical, and fire laws. (g) Proof of a valid California driver's license issued to an officer or employee responsible for driving the mobile unit. SEC. 39. Section 7357 of the Business and Professions Code is amended to read: 7357. (a) Mobile units shall comply with regulations adopted by the board that assure that the unit shall be kept clean, in good repair, and in compliance with this article. (b) Each mobile unit shall be equipped with each of the following functioning systems: (1) A self-contained, potable water supply. The potable water tanks shall be not less than 100 gallons, and the holding tanks shall be of adequate capacity. In the event of depletion of potable water, operation shall cease until the supply is replenished. (2) Continuous, on-demand hot water tanks which shall be not less than six-gallon capacity. (3) A self-contained, recirculating, flush chemical toilet with holding tank. (4) A covered galvanized, stainless steel, or other noncorrosive metal container for purposes of depositing hair clippings, refuse, and other waste materials. (5) A split-lead generator with a remote starter, muffler, and a vent to the outside. (6) A sealed combustible heater with an outside vent. SEC. 40. Section 7359 of the Business and Professions Code is amended to read: 7359. It is unlawful for any person, firm or corporation to hire, employ, allow to be employed, or permit to work, in or about a mobile unit, any person who performs or practices any occupation regulated under this chapter who is not duly licensed by the board. Any person violating this section is guilty of a misdemeanor. SEC. 41. Section 7362 of the Business and Professions Code is amended to read: 7362. (a) A school approved by the board is one which is licensed by the Bureau for Private Postsecondary and Vocational Education, or a public school in this state, and provides a course of instruction approved by the board. (b) The board shall determine by regulation the required subjects of instruction to be completed in all approved courses, including the minimum hours of technical instruction and minimum number of practical operations for each subject, and shall determine how much training is required before a student may begin performing services on paying patrons. SEC. 42. Section 7362.1 of the Business and Professions Code is amended to read: 7362.1. A school of cosmetology approved by the board shall also meet all of the following: (a) Possess the equipment and floor space necessary for comprehensive instruction of 25 cosmetology students or the number of students enrolled in the course, whichever is greater. (b) Have entered on the roll of a proposed school of cosmetology at least 25 bona fide, full-time students for the cosmetology course. For purposes of this section, a bona fide, full-time student is a person who has been entered on the roll of a proposed school of cosmetology and has committed to attend a full course in cosmetology. (c) Maintain a course of practical training and technical instruction for the full cosmetology course as specified in this chapter and in board regulations. A course of instruction in any branch of cosmetology shall be taught in a school of cosmetology. SEC. 43. Section 7362.2 of the Business and Professions Code is amended to read: 7362.2. A school of barbering approved by the board shall also do all of the following: (a) Possess the equipment and floor space necessary for comprehensive instruction of 15 barber students or the number of students enrolled in the course, whichever is greater. (b) Have entered on the roll of a proposed school of barbering at least 15 bona fide, full-time students for the barbering course. For purposes of this section, a bona fide, full-time student is a person who has been entered on the roll of a proposed school of barbering and has committed to attend a full course in barbering. (c) Maintain a course of practical training and technical instruction for the full barbering course as specified in this chapter and in board regulations. SEC. 44. Section 7362.3 of the Business and Professions Code is amended to read: 7362.3. A school of electrology approved by the board shall also do all of the following: (a) Possess the equipment and floor space necessary for comprehensive instruction of five electrology students or the number of students enrolled in the course, whichever is greater. (b) Have entered on the roll of a proposed school of electrology at least five bona fide, full-time students for the electrology course. For purposes of this section, a bona fide, full-time student is a person who has been entered on the roll of a proposed school of electrology and has committed to attend a full course in electrology. (c) Maintain a course of practical training and technical instruction for the full electrology course as specified in this chapter and in board regulations. SEC. 45. Section 7364 of the Business and Professions Code is amended to read: 7364. A skin care course established by a school shall consist of not less than 600 hours of practical training and technical instruction in accordance with a curriculum established by board regulation. SEC. 46. Section 7365 of the Business and Professions Code is amended to read: 7365. A nail care course established by a school shall consist of not less than 350 hours of practical training and technical instruction in accordance with a curriculum established by board regulation. SEC. 47. Section 7366 of the Business and Professions Code is amended to read: 7366. An electrolysis course established by a school shall consist of not less than 600 hours of practical training and technical instruction in accordance with a curriculum established by board regulation. SEC. 48. Section 7367 of the Business and Professions Code is amended to read: 7367. For students who change from one program of instruction to another, the board shall grant credit for training obtained in one course that is identical to training required in another course. SEC. 49. Section 7389 of the Business and Professions Code is amended to read: 7389. The board shall develop or adopt a health and safety course on hazardous substances which shall be taught in schools approved by the board. Course development shall include pilot testing of the course and training classes to prepare instructors to effectively use the course. SEC. 50. Section 7390 of the Business and Professions Code is amended to read: 7390. (a) A cosmetology or barbering instructor training course shall consist of not less than 600 hours of practical training and technical instruction in accordance with a curriculum established by board regulation. (b) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date. SEC. 51. Section 7391 of the Business and Professions Code is amended to read: 7391. (a) The board shall admit to examination for license as a cosmetology or barbering instructor any person who has made application to the board in the proper form, who has paid the fee required by this chapter, and who meets the following qualifications: (1) Has completed the 12th grade or an accredited senior high school course of study in public schools of this state or its equivalent. (2) Is not subject to denial pursuant to Section 480. (3) Holds a valid license to practice cosmetology or barbering in this state. (4) Has done at least one of the following: (A) Completed a cosmetology or barbering instructor training course in an approved school in this state or equivalent training in an approved school in another state. (B) Completed not less than the equivalent of 10 months of practice as a teacher assistant or teacher aide in a school approved by the board. (C) Practiced cosmetology or barbering in a licensed establishment in this state for a period of one year within the three years immediately preceding application, or its equivalent in another state. An applicant using practical experience to qualify under this section shall submit an affidavit signed by his or her employers attesting to the qualifying experience. (b) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date. SEC. 52. Section 7392 of the Business and Professions Code is amended to read: 7392. (a) Each licensed instructor shall complete at least 30 clock hours of continuing education in the teaching of vocational education during each two-year licensing period. This section does not apply to an instructor who holds a credential to teach vocational education full time in a public school in this state. (b) For purposes of this section, programs designed for continuing education in the teaching of vocational education may include, but not be limited to, development of understanding and competency in the learning process, instructional techniques, curriculum and media, instructional evaluation, counseling and guidance, and the special needs of students. (c) The board shall adopt regulations establishing standards for the approval of continuing education courses and for the effective administration and enforcement of its continuing education requirements. (d) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date. SEC. 53. Section 7393 of the Business and Professions Code is amended to read: 7393. (a) As a condition of the renewal of the license of an instructor, the board may periodically require instructors to demonstrate current competence through continuing education as provided for in this chapter. (b) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date. SEC. 54. Section 7394 of the Business and Professions Code is amended to read: 7394. (a) The board's continuing education requirements shall not apply to instructors whose licenses are on inactive status according to the records maintained by the board. (b) Instructors whose licenses are on inactive status may not be employed as instructors in schools approved by the board. (c) Instructors whose licenses are on inactive status must complete at least 30 hours of continuing education in the teaching of vocational education as a condition of reinstatement to active status. (d) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date. SEC. 55. Section 7395 of the Business and Professions Code is amended to read: 7395. (a) If an instructor with an active license status does not provide proof of compliance with the continuing education requirements provided for in this chapter within 45 days of a request from the board, the instructor's license shall revert to inactive status until proof of compliance is provided to the board. (b) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date. SEC. 56. Section 7395.1 of the Business and Professions Code is amended to read: 7395.1. (a) A student who is enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary and Vocational Education in a course approved by the board may, upon completion of a minimum of 60 percent of the clock hours required for graduation in the course, work as an unpaid extern in a cosmetology establishment participating in the educational program of the school of cosmetology. (b) A person working as an extern shall receive clock hour credit toward graduation, but that credit shall not exceed eight hours per week and shall not exceed 10 percent of the total clock hours required for completion of the course. (c) The externship program shall be conducted in cosmetology establishments meeting all of the following criteria: (1) The establishment is licensed by the board. (2) The establishment has a minimum of four licensees working at the establishment, including employees and owners or managers. (3) All licensees at the establishment are in good standing with the board. (4) Licensees working at the establishment work for salaries or commissions rather than on a space rental basis. (5) No more than one extern shall work in an establishment for every four licensees working in the establishment. No regularly employed licensee shall be displaced or have his or her work hours reduced or altered to accommodate the placement of an extern in an establishment. Prior to placement of the extern, the establishment shall agree in writing sent to the school and to all affected licensees that no reduction or alteration of any licensee's current work schedule shall occur. This shall not prevent a licensee from voluntarily reducing or altering his or her work schedule. (6) Externs shall wear conspicuous school identification at all times while working in the establishment, and shall carry a school laminated identification, that includes a picture, in a form approved by the board. (d) (1) A school participating in the externship program shall provide the participating establishment and the extern with a syllabus containing applicable information specified in Section 73880 of Title 5 of the California Code of Regulations. The extern, the school, and the establishment shall agree to the terms of and sign the syllabus prior to the extern beginning work at the establishment. No less than 90 percent of the responsibilities and duties of the extern shall consist of the acts included within the practice of cosmetology as defined in Section 7316. (2) The establishment shall consult with the assigning school regarding the extern's progress during the unpaid externship. The owner or manager of the establishment shall monitor and report on the student's progress to the school on a regular basis, with assistance from supervising licensees. (3) A participating school shall assess the extern's learning outcome from the externship program. The school shall maintain accurate records of the extern's educational experience in the externship program and records that indicate how the extern's learning outcome translates into course credit. (e) Participation in an externship program made available by a school shall be voluntary, may be terminated by the student at any time, and shall not be a prerequisite for graduation. (f) The cosmetology establishment that chooses to utilize the extern is liable for the extern's general liability insurance, as well as cosmetology malpractice liability insurance, and shall furnish proof to the participating school that the establishment is covered by both forms of liability insurance and that the extern is covered under that insurance. (g) (1) It is the purpose of the externship program authorized by this section to provide students with skills, knowledge, and attitudes necessary to acquire employment in the field for which they are being trained, and to extend formalized classroom instruction. (2) Instruction shall be based on skills, knowledge, attitudes, and performance levels in the area of cosmetology for which the instruction is conducted. (3) An extern may perform only acts listed within the definition of the practice of cosmetology as provided in Section 7316, if a licensee directly supervises those acts, except that an extern may not use or apply chemical treatments unless the extern has received appropriate training in application of those treatments from an approved cosmetology school. An extern may work on a paying client only in an assisting capacity and only with the direct and immediate supervision of a licensee. (4) The extern shall not perform any work in a manner that would violate law. SEC. 57. Section 7396 of the Business and Professions Code is amended to read: 7396. The form and content of a license issued by the board shall be determined in accordance with Section 164. The license shall prominently state that the holder is licensed as a barber, cosmetologist, esthetician, manicurist, electrologist, or apprentice, and shall contain a photograph of the licensee. SEC. 58. Section 7400 of the Business and Professions Code is amended to read: 7400. Every licensee of the board, except establishments shall, within 30 days after a change of address, notify the board of the new address, and, upon receipt of the notification, the board shall make the necessary changes in the register. SEC. 59. Section 7401 of the Business and Professions Code is amended to read: 7401. (a) An individual licensed pursuant to Section 7396 shall report to the board at the time of license renewal, his or her practice status, designated as one of the following: (1) Full-time practice in California. (2) Full-time practice outside of California. (3) Part-time practice in California. (4) Not working in the industry. (5) Retired. (6) Other practice status, as may be further defined by the board. (b) An individual licensed pursuant to Section 7396 shall, at the time of license renewal, identify himself or herself on the application as one of the following: (1) Employee. (2) Independent contractor or booth renter. (3) Salon owner. (c) An individual licensed pursuant to Section 7347 shall report to the board at the time of license renewal, whether either of the following is applicable to him or her: (1) He or she has a booth renter operating in the establishment. (2) He or she has an independent contractor operating in the establishment. (d) The board shall report to the Senate Committee on Business and Professions and the Assembly Committee on Business and Professions within five years after the implementation of the provisions of this section on the licensee information collected, including an assessment of whether a certain type of licensee is more likely to receive complaints or citations, or to fail to pay taxes, and any recommendation on how to remedy problems found. SEC. 60. Section 7403 of the Business and Professions Code is amended to read: 7403. (a) The board may revoke, suspend, or deny at any time any license required by this chapter on any of the grounds for disciplinary action provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (b) In any case in which the administrative law judge recommends that the board revoke, suspend or deny a license, the administrative law judge may, upon presentation of suitable proof, order the licensee to pay the board the reasonable costs of the investigation and adjudication of the case. For purposes of this section, "costs" include charges by the board for investigating the case, charges incurred by the office of the Attorney General for investigating and presenting the case, and charges incurred by the Office of Administrative Hearings for hearing the case and issuing a proposed decision. (c) The costs to be assessed shall be fixed by the administrative law judge and shall not, in any event, be increased by the board. When the board does not adopt a proposed decision and remands the case to an administrative law judge, the administrative law judge shall not increase the amount of any costs assessed in the proposed decision. (d) The board may enforce the order for payment in the superior court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any licensee directed to pay costs. (e) In any judicial action for the recovery of costs, proof of the board's decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (f) Notwithstanding any other provision of law, all costs recovered under this section shall be deposited in the board's contingent fund as a scheduled reimbursement in the fiscal year in which the costs are actually recovered. SEC. 61. Section 7403.5 is added to the Business and Professions Code, to read: 7403.5. (a) In addition to the authority provided by Sections 494 and 7403, the executive officer, in his or her discretion, may upon written notice immediately close any establishment which, upon completion of an inspection, is found to have health and safety violations of such a severe nature as to pose an immediate threat to public health and safety. (b) The executive officer shall issue a written notice of suspension of the establishment license including the grounds therefor and a notice of closure. The notice of closure shall be posted at the establishment so as to be clearly visible to the general public and to patrons. (c) Upon issuance of the written notice of suspension of the establishment license, the establishment shall immediately close to the general public and to patrons and shall discontinue all operations until the suspension has been vacated by the executive officer, the suspension expires, is superseded by an order issued under the authority of Section 494, or until the establishment no longer operates under this chapter. (d) (1) Before issuing a suspension order under this section, the executive officer shall, if practical, give the establishment notice and an opportunity to be heard. If no hearing is provided prior to the issuance of the suspension order, the establishment may request one after the suspension has been issued. (2) Notice and hearing under this section may be oral or written, including notice and hearing by telephone, facsimile transmission, or other electronic means as the circumstances permit. (e) Upon correction of violations the establishment may request that the written notice of suspension be terminated. The executive officer shall conduct an inspection within 48 hours to determine whether the written notice of suspension may be terminated. If the written notice of suspension is not terminated upon inspection for failure of the establishment to correct violations, a charge of one hundred dollars ($100) shall be imposed for each subsequent inspection under this section. (f) The notice of suspension shall remain posted until removed by the executive officer, but shall be in effect for no longer than 30 days. Removal of the notice of suspension by any person other than the executive officer or designated representative, or the refusal of an establishment to close upon issuance of the written notice of suspension of the establishment license is a violation of this chapter and may result in any sanctions authorized by this chapter. SEC. 62. Section 7404 of the Business and Professions Code is amended to read: 7404. The grounds for disciplinary action are as follows: (a) Unprofessional conduct which includes, but is not limited to, any of the following: (1) Incompetence or gross negligence, including failure to comply with generally accepted standards for the practice of barbering, cosmetology, or electrology or disregard for the health and safety of patrons. (2) Repeated similar negligent acts. (3) Conviction of any crime substantially related to the qualifications, functions, or duties of the licenseholder, in which case, the records of conviction or a certified copy shall be conclusive evidence thereof. (4) Advertising by means of knowingly false or deceptive statements. (b) Failure to comply with the requirements of this chapter. (c) Failure to comply with the rules governing health and safety adopted by the board and approved by the State Department of Health Services, for the regulation of establishments, or any practice licensed and regulated under this chapter. (d) Failure to comply with the rules adopted by the board for the regulation of establishments, or any practice licensed and regulated under this chapter. (e) Continued practice by a person knowingly having an infectious or contagious disease. (f) Habitual drunkenness, habitual use of or addiction to the use of any controlled substance. (g) Obtaining or attempting to obtain practice in any occupation licensed and regulated under this chapter, or money, or compensation in any form, by fraudulent misrepresentation. (h) Failure to display the license or health and safety rules and regulations in a conspicuous place. (i) Engaging, outside of a licensed establishment and for compensation in any form whatever, in any practice for which a license is required under this chapter, except that when the service is provided because of illness or other physical or mental incapacitation of the recipient of the service and when performed by a licensee obtained for the purpose from a licensed establishment. (j) Permitting a license to be used where the holder is not personally, actively, and continuously engaged in business. (k) The making of any false statement as to a material matter in any oath or affidavit, which is required by the provisions of this chapter. (l) Refusal to permit or interference with an inspection authorized under this chapter. (m) Any action or conduct which would have warranted the denial of a license. (n) Failure to surrender a license that was issued in error or by mistake. SEC. 63. Section 7405 of the Business and Professions Code is amended to read: 7405. A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment. SEC. 64. Section 7406 of the Business and Professions Code is amended to read: 7406. In addition to the authority to conduct disciplinary proceedings under this chapter, the board, through its duly authorized representatives, shall have authority to assess administrative fines for the violation of any section of this chapter or the violation of any rules and regulations adopted by the board under this chapter. SEC. 65. Section 7407 of the Business and Professions Code is amended to read: 7407. The board shall establish by regulation a schedule of administrative fines for violations of this chapter. All moneys collected under this section shall be deposited in the board's contingent fund. The schedule shall indicate for each type of violation whether, in the board's discretion, the violation can be corrected. The board shall review and revise the schedule of administrative fines for violations by January 1, 2005. The board shall ensure that it and the Bureau for Private Postsecondary and Vocational Education do not issue citations for the same violation. SEC. 66. Section 7408 of the Business and Professions Code is amended to read: 7408. The board, through its duly authorized representatives, shall issue a citation with respect to any violation for which an administrative fine may be assessed. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the specific provision alleged to have been violated. The administrative fine, if any, shall attach at the time the citation is written. The citation shall include an order to correct any condition or violation which lends itself to correction, as determined by the board pursuant to Section 7406. SEC. 67. Section 7409 of the Business and Professions Code is amended to read: 7409. Any licensee served with a citation may avoid the payment of the associated administrative fine by presentation of written proof satisfactory to the board, or its executive officer, that the violation has been corrected. This provision applies only to a licensee's first violation in any three-year period of any single provision of this chapter or the rules and regulations adopted pursuant to this chapter. Proof of correction shall be presented to the board, through its executive officer, in a time and manner prescribed by the board. The board may, in its discretion, extend for a reasonable period the time within which to correct the violation upon the showing of good cause. Notices of correction filed after the prescribed date shall not be acceptable and the administrative fine shall be paid. SEC. 68. Section 7410 of the Business and Professions Code is amended to read: 7410. Persons to whom a notice of violation or a citation is issued and an administrative fine assessed may appeal the citation to a disciplinary review committee established by the board. All appeals shall be submitted in writing to the program within 30 days of the date the citation was issued. Appeals of citations that are not submitted in a timely manner shall be rejected. After a timely appeal has been filed with the program, the administrative fine, if any, shall be stayed until the appeal has been adjudicated. Persons appealing a citation, or their appointed representatives, shall appear in person before the disciplinary review committee. The appellant may present written or oral evidence relating to the facts and circumstances relating to the citation that was issued. Following an appeal before a disciplinary review committee, the disciplinary review committee shall issue a decision, based on findings of fact, which may affirm, reduce, dismiss, or alter any charges filed in the citation. In no event shall the administrative fine be increased. The appellant shall be provided with a written copy of the disciplinary review committee's decision relating to the appeal. SEC. 69. Section 7414.1 of the Business and Professions Code is amended to read: 7414.1. All records required by law to be kept by tanning facilities subject to the Filante Tanning Facility Act of 1988 (Chapter 23 (commencing with Section 22700) of Division 8), including, but not limited to, records relating to written warning statements, the sign required to be posted, the qualifications of facility operators, statements of acknowledgment, parental consent forms, and injury reports, shall be open to inspection by the board, or its authorized representatives, during any inspection, or during any investigation initiated in response to a complaint that the tanning facility has violated any provision of the Filante Tanning Facility Act of 1988. A copy of any or all of those records shall be provided to the board, or its authorized representatives, immediately upon request. SEC. 70. Section 7414.3 of the Business and Professions Code is amended to read: 7414.3. (a) Any representative of the board designated by the director shall have the authority to issue a written notice to appear in court pursuant to Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. Representatives so designated are not peace officers and are not entitled to safety member retirement benefits, as a result of that designation. Except as otherwise provided, the representative's authority is limited to the issuance of written notices to appear for infraction violations of the Filante Tanning Facility Act of 1988 and only when the violation is committed in the presence of the representative. (b) There shall be no civil liability on the part of, and no cause of action shall arise against, any representative, acting pursuant to subdivision (a) and within the scope of his or her authority, for false arrest or false imprisonment arising out of any arrest which is lawful or which the representative, at the time of that arrest, had reasonable cause to believe was lawful. (c) This section shall become effective July 1, 1994. SEC. 71. Section 7414.4 of the Business and Professions Code is amended to read: 7414.4. The board, and its authorized representatives, may disseminate information to tanning facilities regarding compliance with the Filante Tanning Facility Act of 1988. SEC. 72. Section 7414.6 of the Business and Professions Code is amended to read: 7414.6. The board may adopt regulations concerning the operation of tanning facilities in licensed establishments. SEC. 73. Section 7415 of the Business and Professions Code is amended to read: 7415. Licenses issued under this chapter, unless specifically excepted, shall be issued for a two-year period and shall expire at midnight on the last day of the month of issuance by the board. SEC. 74. Section 7416 of the Business and Professions Code is repealed. SEC. 75. Section 7421 of the Business and Professions Code is amended to read: 7421. The fees shall be set by the board, within the limits set forth in this article, in amounts necessary to cover the expenses of the board in performing its duties under this chapter. SEC. 76. Section 7422 of the Business and Professions Code is amended to read: 7422. All fees collected on behalf of the board and all receipts of every kind and nature, shall be reported to the Controller at the beginning of each month for the month preceding. At the same time the entire amount of collections shall be paid into the State Treasury, and shall be credited to the Barbering and Cosmetology Contingent Fund, which fund is hereby created. The moneys in the contingent fund shall be appropriated to the board pursuant to the annual Budget Act and out of it shall be paid all salaries and all other expenses necessarily incurred in carrying into effect this chapter. SEC. 77. Section 7423 of the Business and Professions Code is repealed. SEC. 78. Section 7423 is added to the Business and Professions Code, to read: 7423. The amounts of the fees required by this chapter relating to licenses for individual practitioners are as follows: (a) (1) Cosmetologist application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination. (2) A cosmetologist initial license fee shall not be more than fifty dollars ($50). (b) (1) An esthetician application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination. (2) An esthetician initial license fee shall not be more than forty dollars ($40). (c) (1) A manicurist application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination. (2) A manicurist initial license fee shall not be more than thirty-five dollars ($35). (d) (1) A barber application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination. (2) A barber initial license fee shall be not more than fifty dollars ($50). (e) (1) An electrologist application and examination fee shall be the actual cost to the board for developing, purchasing, grading, and administering the examination. (2) An electrologist initial license fee shall be not more than fifty dollars ($50). (f) An apprentice application and license fee shall be not more than twenty-five dollars ($25). (g) The license renewal fee for individual practitioner licenses that are subject to renewal shall be not more than fifty dollars ($50). (h) Notwithstanding Section 163.5 the license renewal delinquency fee shall be 50 percent of the renewal fee in effect on the date of renewal. (i) Any preapplication fee shall be established by the board in an amount sufficient to cover the costs of processing and administration of the preapplication. SEC. 79. Section 7423.5 of the Business and Professions Code is repealed. SEC. 80. Section 830.3 of the Penal Code is amended to read: 830.3. The following persons are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 of the Penal Code as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Section 8597 or 8598 of the Government Code. These peace officers may carry firearms only if authorized and under those terms and conditions as specified by their employing agencies: (a) Persons employed by the Division of Investigation of the Department of Consumer Affairs and investigators of the Medical Board of California and the Board of Dental Examiners, who are designated by the Director of Consumer Affairs, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 160 of the Business and Professions Code. (b) Voluntary fire wardens designated by the Director of Forestry and Fire Protection pursuant to Section 4156 of the Public Resources Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 4156 of that code. (c) Employees of the Department of Motor Vehicles designated in Section 1655 of the Vehicle Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 1655 of that code. (d) Investigators of the California Horse Racing Board designated by the board, provided that the primary duty of these peace officers shall be the enforcement of Chapter 4 (commencing with Section 19400) of Division 8 of the Business and Professions Code and Chapter 10 (commencing with Section 330) of Title 9 of Part 1 of this code. (e) The State Fire Marshal and assistant or deputy state fire marshals appointed pursuant to Section 13103 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 13104 of that code. (f) Inspectors of the food and drug section designated by the chief pursuant to subdivision (a) of Section 106500 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 106500 of that code. (g) All investigators of the Division of Labor Standards Enforcement designated by the Labor Commissioner, provided that the primary duty of these peace officers shall be the enforcement of the law as prescribed in Section 95 of the Labor Code. (h) All investigators of the State Departments of Health Services, Social Services, Mental Health, Developmental Services, and Alcohol and Drug Programs, the Department of Toxic Substances Control, the Office of Statewide Health Planning and Development, and the Public Employees' Retirement System, provided that the primary duty of these peace officers shall be the enforcement of the law relating to the duties of his or her department or office. Notwithstanding any other provision of law, investigators of the Public Employees' Retirement System shall not carry firearms. (i) The Chief of the Bureau of Fraudulent Claims of the Department of Insurance and those investigators designated by the chief, provided that the primary duty of those investigators shall be the enforcement of Section 550. (j) Employees of the Department of Housing and Community Development designated under Section 18023 of the Health and Safety Code, provided that the primary duty of these peace officers shall be the enforcement of the law as that duty is set forth in Section 18023 of that code. (k) Investigators of the office of the Controller, provided that the primary duty of these investigators shall be the enforcement of the law relating to the duties of that office. Notwithstanding any other law, except as authorized by the Controller, the peace officers designated pursuant to this subdivision shall not carry firearms. (l) Investigators of the Department of Corporations designated by the Commissioner of Corporations, provided that the primary duty of these investigators shall be the enforcement of the provisions of law administered by the Department of Corporations. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms. (m) Persons employed by the Contractors' State License Board designated by the Director of Consumer Affairs pursuant to Section 7011.5 of the Business and Professions Code, provided that the primary duty of these persons shall be the enforcement of the law as that duty is set forth in Section 7011.5, and in Chapter 9 (commencing with Section 7000) of Division 3, of that code. The Director of Consumer Affairs may designate as peace officers not more than three persons who shall at the time of their designation be assigned to the special investigations unit of the board. Notwithstanding any other provision of law, the persons designated pursuant to this subdivision shall not carry firearms. (n) The Chief and coordinators of the Law Enforcement Division of the Office of Emergency Services. (o) Investigators of the office of the Secretary of State designated by the Secretary of State, provided that the primary duty of these peace officers shall be the enforcement of the law as prescribed in Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of, and Section 12172.5 of, the Government Code. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms. (p) The Deputy Director for Security designated by Section 8880.38 of the Government Code, and all lottery security personnel assigned to the California State Lottery and designated by the director, provided that the primary duty of any of those peace officers shall be the enforcement of the laws related to assuring the integrity, honesty, and fairness of the operation and administration of the California State Lottery. (q) Investigators employed by the Investigation Division of the Employment Development Department designated by the director of the department, provided that the primary duty of those peace officers shall be the enforcement of the law as that duty is set forth in Section 317 of the Unemployment Insurance Code. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms. (r) The chief and assistant chief of museum security and safety of the California Science Center, as designated by the executive director pursuant to Section 4108 of the Food and Agricultural Code, provided that the primary duty of those peace officers shall be the enforcement of the law as that duty is set forth in Section 4108 of the Food and Agricultural Code. (s) Employees of the Franchise Tax Board designated by the board, provided that the primary duty of these peace officers shall be the enforcement of the law as set forth in Chapter 9 (commencing with Section 19701) of Part 10.2 of Division 2 of the Revenue and Taxation Code. (t) Notwithstanding any other provision of this section, a peace officer authorized by this section shall not be authorized to carry firearms by his or her employing agency until that agency has adopted a policy on the use of deadly force by those peace officers, and until those peace officers have been instructed in the employing agency's policy on the use of deadly force. Every peace officer authorized pursuant to this section to carry firearms by his or her employing agency shall qualify in the use of the firearms at least every six months. (u) Investigators of the Department of Managed Health Care designated by the Director of the Department of Managed Health Care, provided that the primary duty of these investigators shall be the enforcement of the provisions of laws administered by the Director of the Department of Managed Health Care. Notwithstanding any other provision of law, the peace officers designated pursuant to this subdivision shall not carry firearms. SEC. 81. Section 3 of Chapter 859 of the Statutes of 2001 is repealed. SEC. 82. Section 4 of Chapter 859 of the Statutes of 2001 is repealed.