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;
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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
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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.
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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;
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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.
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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
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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
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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
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