BILL NUMBER: SB 969 INTRODUCED BILL TEXT INTRODUCED BY Senator Vargas JANUARY 17, 2012 An act to add Article 7 (commencing with Section 4918) to Chapter 11 of Division 2 of the Business and Professions Code, relating to pet grooming. LEGISLATIVE COUNSEL'S DIGEST SB 969, as introduced, Vargas. Pet groomers. Existing law provides for the licensure and regulation of veterinarians and registered veterinary technicians by the Veterinary Medical Board. This bill would require any person engaged in pet grooming to be licensed and regulated by the Veterinary Medical Board. The bill would establish the requirements necessary to obtain a license as a pet groomer and set forth the duties and obligations of a licensee as a pet groomer, as specified. The bill would set forth the duties of the board with regard to the regulation of pet groomers and require the board to adopt a fee schedule that would apply to licensees and pet grooming schools. The bill would set forth standards for discipline and authorize the board to impose administrative penalties for a violation of these provisions. The bill would provide that a violation of these provisions is a crime, thereby imposing a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 7 (commencing with Section 4918) is added to Chapter 11 of Division 2 of the Business and Professions Code, to read: Article 7. Pet Groomers 4918. The following definitions shall apply for purposes of this article: (a) "Board" means the Veterinary Medical Board. (b) "Pet" means any animal placed in the care of a pet groomer for grooming or styling. (c) "Pet groomer" means an individual, licensed as a pet groomer, who bathes, brushes, clips, or styles a pet for compensation. (d) "Pet grooming" means the act of bathing, brushing, clipping, or styling a pet. (e) "Pet grooming facility" means a commercial establishment where a pet may be bathed, brushed, clipped, or styled. 4918.3. Except as provided in this article, it is unlawful for any person to engage in pet grooming for compensation without a valid, unexpired license issued by the board. A person is eligible for a license as a pet groomer if he or she meets the eligibility requirements set forth in this article, passes the examination specified in Section 4919.7, and applies for licensure and pays the fee prescribed by the board pursuant to Section 4920.3. 4918.5. (a) The primary concern of every licensee shall be the safety and well-being of the pets in their care. (b) A licensee shall comply with the following requirements: (1) Pets not in the grooming process shall be kept in a structurally sound and clean cage. Each enclosure shall be in good repair and large enough to allow each pet to make normal postural adjustments, including sitting, standing, and turning around. Each pet shall be caged separately. (2) Outdoor facilities shall not be utilized in inclement weather and indoor facilities shall be maintained at a healthy temperature. (3) There shall be sufficient lighting to facilitate the cleaning of pets and facilities. (4) The pet grooming facility of the licensee shall maintain sanitary conditions at all times. (5) There shall be an adequate water supply available for drinking. (6) Pets shall not be left unattended while at a pet grooming facility. (7) A drying cage shall never be used. (c) Every licensee shall display a copy of his or her pet groomer' s license and the telephone number of the board where the owner of the pet may make complaints regarding the services received from the licensee. (d) Every licensee shall maintain insurance against negligent acts associated with his or her activity as a pet groomer. (e) Every licensee shall keep a record for each pet receiving grooming services, which shall include all of the following: (1) The first and last name of the owner of the pet. (2) The address and telephone number of the owner of the pet. (3) The name of the pet. (4) The name of the veterinarian of the pet. (5) Any allergies or special needs the pet may have, as reported by the owner of the pet. (5) The date or dates that the pet received grooming services. (6) The services that were performed, including a list of any chemicals used while performing the services and any medical conditions discovered during the performance of services. (7) When the pet receiving services is a dog, proof that the dog has received vaccinations against parvo, distemper, bordatella, and rabies. When the pet receiving services is a cat, proof that the cat has received a vaccination against rabies. (f) Records for each pet shall be maintained for two years and shall be available for inspection by the board or the board's authorized agents during regular business hours. 4918.7. The board shall approve all schools or institutions offering a curriculum for training pet groomers. Application forms for schools requesting approval shall be furnished by the board. Approval by the board shall be for a two-year period. Reapplication for approval by the board shall be made at the end of the two-year period. 4919. (a) Students engaged in performing grooming services while enrolled in a school approved by the board shall not be required to be licensed under this article if they perform those services under appropriate supervision at the approved school in which they are enrolled. (b) Individuals engaged in performing grooming services while not enrolled in a school approved by the board shall not be required to be licensed under this article if they perform those services under the direct supervision of a licensed pet groomer and while in training for the pet groomer's licensing examination. 4919.3. The board shall admit to examination for a license as a pet groomer 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 18 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. 4919.5. (a) Every application for admission to examination and licensure shall be in writing, on forms prepared and furnished by the board. (b) 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. 4919.7. (a) 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. (b) 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 for which a license is sought. (c) 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. (d) The board's examinations shall be limited to job-related questions, activities, and practical services. The examinations may include other demonstrations and tests as the board, in its discretion, may require. 4920. 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 ensure compliance therewith. 4920.3. (a) Licenses 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 article. The license shall entitle the holder to engage in the practice of pet grooming. The license shall be issued by the board on the same day that the applicant satisfactorily passes the examination. (b) Prior to issuance of a license by the board, every applicant shall provide proof that the applicant is insured against negligent acts associated with their activity as a pet groomer. 4920.5. Any person who fails the pet groomer's licensing examination may be eligible to retake the examination upon compliance with the provisions of this article. 4920.7. The board may contract or otherwise arrange for reasonably required physical accommodations and facilities to conduct examinations. 4921. The form and content of a license issued by the board shall be determined by the board. 4921.3. The board shall create a record of those licensed pursuant to this article. The record shall include a licensee's first and last name, license number, and a record of any disciplinary action taken against the licensee, including the suspension or revocation of the licensee's pet grooming license. 4921.5. (a) Notwithstanding any other provision of law, the board may revoke, suspend, or deny at any time any license required by this article on any of the grounds for disciplinary action provided in this section. The proceedings under this section 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) The grounds for disciplinary action are as follows: (1) Conviction of any crime substantially related to the qualifications, functions, or duties of the license holder, including, but not limited to, any provision of law relating to the humane treatment of animals, in which case, the records of conviction or a certified copy shall be conclusive evidence thereof. (2) Failure to comply with the requirements of this article. (3) Failure to comply with the rules adopted by the board for the regulation of the practice licensed and regulated under this article. (4) Failure to display the license in a conspicuous place. (5) The making of any false statement as to a material matter in any application to the board. (6) Refusal to permit or interference with an inspection authorized under this article. 4921.7. Licenses issued under this article, 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. 4922. Except as otherwise provided in this article, a license that has expired for failure of the licensee to renew within the time fixed by this article may be renewed at any time within five years following its expiration upon application and payment of all accrued and unpaid renewal fees, delinquency fees, and fines. Renewal under this section shall be effective on the date on which the application is filed, or on the date on which the accrued renewal fees, delinquency fee, or fines are paid, if any, whichever occurs last. If so renewed, the license shall continue in effect through the expiration date provided in this article which next occurs following the effective date of the renewal, when it shall expire if it is not again renewed. 4922.3. Except as otherwise provided in this article, a license which has not been renewed within five years following its expiration shall be deemed canceled and may not be renewed, restored, reinstated, or reissued thereafter. The holder of the canceled license may obtain a new license only by submitting an application, paying all required fees, and qualifying for and passing the examination that would be required if the holder were applying for the license for the first time. 4922.5. A suspended license is subject to expiration and shall be renewed by the licensee as provided in this article, but that renewal does not entitle the licensee, while the license remains suspended and before it is reinstated, to engage in the licensed activity, or in any other activity or conduct in violation of the order or judgment by which the license was suspended. 4922.7. A revoked license is subject to expiration as provided in this article, but may not be renewed. If it is reinstated pursuant to an administrative or court proceeding after its expiration, the licensee, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount established by the board pursuant to Section 4923. 4923. (a) The board shall establish by regulation a schedule of fees payable under this article, including, but not limited to, all of the following: (1) Application and examination fees. (2) Initial license fees. (3) Renewal fees. (4) Reinstatement fees. (5) Delinquency fees. (6) Duplicate license fees. (7) Application fee for approval of a school or institution offering a curriculum for training pet groomers. (b) No fee established pursuant to subdivision (a) shall be greater than three hundred fifty dollars ($350) and shall not be in excess of the costs to the board of administering that fee. (c) The board shall establish by regulation a fee for filing an application for approval of a school or institution offering a curriculum for training licensed pet groomers pursuant to Section 4918.7 of not more than three hundred fifty dollars ($350). The school or institution shall also pay for the actual costs of an onsite inspection conducted by the board pursuant to Section 2065.6 of Title 16 of the California Code of Regulations, including, but not limited to, the travel, food, and lodging expenses incurred by an inspection team sent by the board. (d) All moneys collected under this article shall be deposited in a separate account in the Veterinary Medical Board Contingent Fund and shall be used for the purposes of this article, subject to appropriation by the Legislature. 4923.3. (a) The board or their authorized agents shall make annual inspections of pet grooming facilities to ensure licensees' compliance with this article. (b) Authority to conduct the inspections authorized by this section may be delegated by the board to a county animal control board, subject to the county animal control board's acceptance of the delegation. (c) Prior to performing an inspection authorized by this section, an inspector shall receive training as to the provisions of this article and in the humane treatment of animals. 4923.5. Notwithstanding Section 4918.3, any individual engaged in pet grooming on or before December 31, 2011, may lawfully continue pet grooming without a license for one year from that date, provided that within the year the individual applies for a license as provided in this article. 4923.7. This act shall become operative on April 1, 2012. The board shall, prior to that date, adopt emergency regulations concerning pet grooming. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the commission is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code, but shall otherwise be subject to the review and approval of the Office of Administrative Law. Notwithstanding any other provision of law, all emergency regulations adopted by the commission pursuant to this section shall remain in effect until December 31, 2012, except to the extent that the commission exercises its power to adopt, amend, or repeal these regulations in whole or in part. 4924. The board may impose an administrative penalty for a violation of this article in an amount of not more than one thousand dollars ($1,000) per violation. The board shall collect those penalties for deposit into the account specified in Section 4923. 4924.3. Any person, who violates, or aids or abets in violating, any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than five hundred dollars ($500), nor more than two thousand dollars ($2,000), or by imprisonment in a county jail for not less than 30 days nor more than one year, or by both the fine and imprisonment. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.