BILL ANALYSIS Ó SB 969 Page 1 Date of Hearing: June 19, 2012 ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER PROTECTION Mary Hayashi, Chair SB 969 (Vargas) - As Amended: May 23, 2012 SENATE VOTE : 22-14 SUBJECT : Pet groomers. SUMMARY : Establishes the California Pet Grooming Council (Council) to administer a voluntary pet groomer and pet bather and brusher certificate program, until January 1, 2017. Specifically, this bill : 1)Establishes the Council to administer a voluntary pet groomer and pet bather and brusher certificate program, until January 1, 2017. 2)Requires the Council to be a 501(c)(3) non-profit organization comprised of the following members: a) The following members, unless that person chooses not to exercise his or her right of selection: i) Two members from the Society for the Prevention of Cruelty to Animals associations, one from northern California, and one from southern California; ii) One member selected by each state or nationwide pet specialty retailer that provides pet grooming services with gross annual sales exceeding $150 million; iii) One member selected by the State Humane Association of California; iv) One member selected by the Director of Consumer Affairs; v) One member selected by the Veterinary Medical Board; vi) One member selected by the California Animal Control Directors Association; SB 969 Page 2 vii) Two members selected by the National Dog Groomers Association of America, Inc.; viii) One member selected by the State Bar of California who has animal law experience and who has been nominated by a fellow animal law attorney; ix) Two members selected by the World Pet Association; x) One member selected by the International Professional Groomers, Inc.; xi) One member selected by the International Society of Canine Cosmetologists; xii) One member selected by the Northern California Professional Groomers Association; and, xiii) One member selected by the Southern California Professional Groomers Association. b) One member who is a licensed veterinarian selected by the California Veterinary Medical Association; and, c) Additional members appointed by the Council through a process it shall establish in its bylaws, including the appointment of two members who represent pet groomers who own or operate independent facilities and are not affiliated with a pet specialty retailer with gross annual sales exceeding $150 million or another retailer of comparable size. 3)Requires the Council to issue a pet groomer certificate to applicants who satisfy the following requirements: a) Are at least 18 years old; b) Completed at least 1,000 hours of experience and either of the following: i) Completed at least 300 hours of Council-approved pet grooming curriculum; or, ii) Passed a pet grooming certification test established SB 969 Page 3 by the Council; and, c) Paid all Council fees. 4)Requires the Council to issue a pet grooming certificate to out-of-state applicants who meet or exceed this bill's requirements. 5)Requires the Council to issue a pet bather and brusher certification certificate to applicants who satisfy the following requirements: a) Are at least 18 years old; b) Completed either of the following: i) 300 hours of Council-approved curriculum; ii) 300 hours of supervised training under a certified pet groomer; or, iii) The Council's pet grooming certification test. 6)Grandfathers certificate holders applying on or after January 1, 2013, if they meet any of the following: a) Possess valid pet grooming permits or licenses issued by a California municipality and completed 500 hours of paid experience; or, b) Completed 100 hours of pet grooming curriculum and 500 hours of paid experience. An applicant who has not yet completed the paid experience may apply for a conditional certificate and must complete an additional 300 hours of education within five years before the conditional license expires prior to the Council's issuance of a non-conditional certificate. 7)Requires every applicant applying for certification as a pet groomer or a pet bather and brusher to provide proof of insurance against negligent acts associated with pet grooming activities. 8)Requires the Council to issue certificates that shall be renewed biannually. SB 969 Page 4 9)Authorizes the Council to discipline a certificate holder in the following ways: a) Probation; b) Suspension up to one year; c) Revocation of certificate; and, d) Any action authorized by this bill or by Council bylaw, as the Council deems proper. 10)Authorizes the Council to issue an initial certificate for a certificate holder on probation. 11)Requires the Council, if notified that a certificate holder has been arrested and charges have been filed alleging animal cruelty, to take the following actions and notify the certificate holder: a) Immediately suspend, on an interim basis, the certificate holder's certificate; b) Upon notification a certificate holder has been convicted of animal cruelty, to permanently suspend a certificate holder's certificate; or, c) Upon a dismissal or acquittal of animal cruelty charges, to reinstate the certificate holder's certificate. 12)Requires the Council to exchange information regarding a certificate holder with law enforcement, relating to disciplinary action. 13)Authorizes the Council to deny a certificate for any of the following reasons: a) Unprofessional conduct, as specified; b) Procuring a certificate by fraud, misrepresentation, or mistake; c) Violating a provision of this bill or a Council bylaw; SB 969 Page 5 d) Conviction or misdemeanor relating to animal cruelty; e) Impersonating or acting as a proxy for an applicant; or, f) Committing any fraudulent, dishonest, or corrupt act in the course of duties. 14)Establishes a due process procedure for a certificate applicant to protest the denial of a certificate or disciplinary action. 15)Requires a certificate holder to notify the Council of home and businesses addresses, as specified. 16)Requires a certificate holder to use the name under which he or she was certified, and to display his or her certificate at his or her business location. 17)Provides that it is an unfair business practice for any person to hold himself or herself out as a "certified pet groomer" or "certified pet brusher and bather" unless he or she is certified by the Council, and authorizes anyone to petition for injunctive relief against a pet groomer violating the provisions of this bill through the Superior Court. 18)Requires certification exams to include both a practical demonstration and a written test prepared by the Council. 19)Requires the Council to establish an exam grading procedure, determine the form and content of certificates the Council issues, and to create a record of those certificate holders. 20)Establishes renewal or cancellation procedures for expired, delinquent, suspended, or revoked certificates. 21)Subjects Council meeting to the rules of the Bagley-Keene Open Meeting Act. 22) Authorizes the Council to take reasonable actions to carry out its responsibilities. 23)Requires the Council to establish a fee schedule for exams and certificates. SB 969 Page 6 24)Creates the following definitions: a) "Council" means the California Pet Grooming Council; b) "Pet" means any dog or cat placed in the care of a pet groomer for grooming or styling; c) "Pet bather or brusher" means an individual who solely bathes and brushes a pet for compensation; d) "Pet groomer" means an individual who bathes, brushes, clips, or styles a pet for compensation; e) "Pet grooming" means the act of bathing, brushing, clipping, or styling a pet; and, f) "Pet grooming facility" means a commercial establishment where a pet may be bathed, brushed, clipped, or styled. FISCAL EFFECT : Unknown COMMENTS : Purpose of this bill . According to the author's office, "Existing law does not provide for adequate safety of pets in California. Currently, there are no laws or guidelines related to the profession of pet grooming, and pet groomers are currently not required to possess anything more than a business license. Thus, no formal training is required to open or run a pet grooming facility. This bill would create the Council, a 501(c)(3) non-profit, for the purpose of certifying pet groomers and pet bathers and brushers who meet specified education, examination, training, and experience requirements." Background . This bill creates a voluntary certification program for pet groomers and is optional. This differs from licensure, which is mandatory to professionally practice in a field for paid compensation, and requires individuals to pass an examination, complete specified education requirements, and possibly complete experience/training requirements. A licensing and regulatory board may take investigate consumer complaints and take disciplinary action against a licensee for misconduct. In addition, the licensing and regulatory board may take action against unlicensed practitioners to protect consumers. On the other hand, certification requires individuals to possibly pass SB 969 Page 7 an examination and to complete education courses and specified training; however, certification is optional and is a means for an industry to set its own standards and self-regulate. In some instances, a government agency may provide for certification requirement or in other instances a non-profit organization or some other professional group or association may provide for a certification program. A person voluntarily seeks certification from any of these entities and then may use the term "certified" or having received "certification" within that profession. Support . According to the Executive Director (ED) of the Animal Samaritans SPCA, Inc., "As the ED of an Animal Welfare and Veterinary Medical Center, I have seen dogs with various injuries suffer at the hands of untrained groomers. In one case, a dog came in with nipples cut off in a grooming incident, leaving it with serious injuries. In other cases, dogs and cats had grooming injuries that included burns resulting from dryers and lacerations from lipping and shaving. Others had broken legs suffered by jumping from tables because groomers did not know how to handle animals. The list goes on and on. "Many pet groomers have years of experience and are diligent in their work and care for animals in their charge. They do wonderful work. However, there are groomers that are untrained and do not understand the basics of pet handling. Animal grooming is an occupation whereby most anyone can pick up a pair of shears and got to work, often with disastrous results. This bill would require training for groomers and licensing that would confirm the groomer's professional qualifications. Oppose . According to the Pet Industry Joint Advisory Council (PIJAC), which has taken an opposed unless amended position, "The amendments ÝPIJAC] requested are to streamline the process and clarify that the role of the Council is to approve curriculum and issue certification. As currently construed, this bill provides the Council broad authority over employer/employee matters and other responsibilities that go beyond a voluntary certification program. In summary, the amendments provided to the author suggest the following: Reduce the membership of the Council to those persons with expertise in the grooming of dogs and cats; Codify the fees for groomer/bather certification as opposed to the Council setting fees for not only SB 969 Page 8 certification, but other fees, such as duplication fees, exam fees, etc.; Eliminate the hours of experience requirements and leaves to the authority of the Council whether the curriculum presented provides sufficient training for a person to be certified as a pet groomer or bather; and, Provide the Council the authority to revoke a certificate from a pet groomer or bather only after being convicted of animal abuse." Previous Legislation . AB 762 (Koretz) of 2005, would have created a set of specified standards for animal grooming facilities and imposed civil penalties against individuals who violate those standards. This bill was held in the Assembly Business and Professions Committee. REGISTERED SUPPORT / OPPOSITION : Support Animal Samaritans SPCA, Inc. City of Coachella City of Desert Hot Springs City of Palm Desert City of Rancho Mirage Indian Wells La Prensa Hispana Paw PAC spcaLA Numerous Individuals Opposition California Federation of Dog Clubs California Retailers Association Pet Industry Joint Advisory Council San Diego County Groomers Association Small Business California Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916) 319-3301 SB 969 Page 9