BILL ANALYSIS Ó
SB 308
Page 1
Date of Hearing: June 25, 2013
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Richard S. Gordon, Chair
SB 308 (Price) - As Amended: June 19, 2013
SENATE VOTE : 38-0
SUBJECT : Professions and vocations.
SUMMARY : Extends until January 1, 2018 the provisions of the
Interior Design Law and the Board of Guide Dogs for the Blind
(Board), and extends until January 1, 2016 the provisions of the
Board of Barbering and Cosmetology (BBC) and the term of its
executive officer, and makes various other technical changes and
improvements to those provisions. Specifically, this bill :
1)Specifies that nothing in the Interior Design Law shall
prohibit interior design or interior decorator services by any
person or retail activity.
2)Requires a certified interior designer (CID) to use a written
contract when contracting to provide interior design services
to a client as specified, and requires that the written
contract be executed by the CID and the client or his or her
representative prior to the CID commencing work, and shall
include but not be limited to the following provisions:
a) A description of the services to be provided to the
client by the CID;
b) A description of any basis of compensation applicable to
the contract and the method of payment agreed upon by the
parties;
c) The name, address and certification number of the CID
and the name and address of the client;
d) A description of the procedure that the CID and the
client will use to accommodate additional services;
e) A description of the procedure to be used by any party
to terminate the contract;
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f) A three-day rescission clause; and,
g) A written disclosure stating whether or not the CID
carries errors and omissions insurance.
3)Specifies that the above provisions do not apply to any of the
following;
a) Interior design services rendered by a CID for which the
client will not pay compensation; and,
b) Interior design services rendered by a CID to any of the
following:
i) A licensed architect;
ii) A licensed landscape architect; and,
iii) A licensed engineer.
4)Clarifies that a written contract includes a contract in
electronic form.
5)Clarifies that the provisions of law pertaining to interior
design shall be subject to review by the appropriate policy
committees of the Legislature.
6)Extends the provisions relating to the interior design law
until January 1, 2018.
7)Requires the meetings of an interior design organization
issuing interior design stamps, as specified, are subject to
the rules of the Bagley-Keene Open Meeting Act.
8)Clarifies that it is an unfair business practice for any
person to represent or hold himself or herself out, or to use
the title "certified interior designer" or any other term such
as licensed, registered or CID that implies or suggests that
the person is certified, as an interior designer when he or
she does not hold a valid certification as specified.
9)Extends the provisions relating to Board of Guide Dogs for the
Blind until January 1, 2018.
10)Extends the provisions relating to the arbitration procedure
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for the resolution of disputes between guide dog users and
guide dog schools until January 1, 2018.
11)Extends the provisions authorizing the BBC and the provisions
authorizing the appointment of an executive officer as
specified until January 1, 2016, and requires the BBC to be
reviewed by the appropriate policy committees of the
Legislature.
12)Clarifies that a school approved by the BBC is one that is
first approved by the BBC and subsequently approved by the
Bureau for Private Postsecondary Education (BPPE), and allows
both the BBC and the BPPE to simultaneously process a school's
application for approval.
13)Authorizes the BBC to revoke, suspend, or deny approval of a
school on any of the following grounds:
a) Unprofessional conduct which includes, but is not
limited to, any of the following:
i) Incompetence or gross negligence, including repeated
failure to comply with generally accepted standards for
the practice of barbering, cosmetology, or electrology,
or disregard for the health and safety of patrons;
ii) Repeated similar negligent acts; or,
iii) Conviction of any crime substantially related to the
qualifications, functions, or duties of the owner of an
approved school, in which case, the records of conviction
or a certified copy thereof shall be conclusive evidence
of the conviction.
b) Repeated failure to comply with the rules governing
health and safety adopted by the BBC and approved by the
California Department of Public Health for the regulation
of board-approved schools;
c) Repeated failure to comply with the rules adopted by the
BBC for the regulation of BBC-approved schools as
specified;
d) Continued practice by a person knowingly having an
infectious or contagious disease;
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e) Habitual drunkenness or habitual use of, or addiction to
the use of, any controlled substance;
f) Obtaining or attempting to obtain practice in any
occupation licensed and regulated as specified, or money or
any form of compensation, by fraudulent misrepresentation;
g) Refusal to permit or interference with an inspection as
specified; or,
h) Any action or conduct that would have warranted the
denial of a school approval.
EXISTING LAW :
1)Defines a CID as a "person who prepares and submits
nonstructural or non-seismic plans as specified to local
building departments that are of sufficient complexity so as
to require the skills of a licensed contractor to implement
them, and who engages in programming, planning, designing, and
documenting the construction and installation of
non-structural or non-seismic elements, finishes and
furnishings within the interior spaces of a building and has
demonstrated by means of education, experience and examination
the competency to protect and enhance the health, safety and
welfare of the public." (Business and Professions Code (BPC)
Section 5800)
2)Authorizes a CID to obtain a stamp from an interior design
organization that includes a number that uniquely identifies
and bears the name of that CID and certifies that the interior
designer has provided the interior design organization with
evidence of passage of an examination approved by that
interior design organization. (BPC 5801)
3)States that the procedure for the issuance of a stamp by an
interior design organization includes the examination
recognized and required by the organization and is subject to
the occupational analyses and examination validation as
required every five to seven years. (BPC5801.1)
4)Specifies that it is an unfair business practice for any CID
or any other person to advertise or put out any sign or card
or other device, including any stamp or seal, or to represent
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to the public through any print or electronic media that he or
she is "state certified" to practice interior design or to use
any other words or symbols that represent to the public that
he or she is certified. (BPC 5804)
5)Repeals the provisions relating to interior designers on
January 1, 2014. (BPC 5800 et seq.)
6)Establishes a State Board of Guide Dogs for the Blind (Board)
under the Department of Consumer Affairs (DCA). (BPC 7200)
7)States that the Board has the authority to license for the
instruction of blind persons in the use of guide dogs and for
the training of guide dogs for use by blind persons, and has
the authority to issue licenses to operate schools for the
training of guide dogs for the blind and the instruction of
blind persons in the use of the guide dogs. (BPC 7200.5)
8)Repeals the provisions of law pertaining to the Board's
licensing, regulatory and disciplinary authority on January 1,
2014. (BPC 7200)
9)Establishes a pilot project to provide an arbitration
procedure for the purpose of resolving disputes between a
guide dog user and a licensed guide dog school as specified,
and repeals those provisions on January 1, 2014. (BPC 7215.6)
10)Establishes the BBC within the DCA and authorizes the BBC to
appoint an executive officer subject to the approval of the
Director of DCA and repeals these provisions on January 1,
2014. (BPC 7303)
11)States that the power and duties of the BBC are the
following:
a) Make rules and regulations as specified, in accordance
with the Administrative Procedures Act;
b) Conduct and administer examinations of applicants for
licensure;
c) Issue licenses to those applicants that may be entitled
thereto;
d) Discipline persons who have been determined to be in
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violation of the provisions of, or the regulations adopted
pursuant to, the Barbering and Cosmetology Act; and,
e) Adopt rules governing sanitary conditions and
precautions to be employed as are reasonably necessary to
protect the public health and safety in establishments,
schools approved by the BBC, and in the practice of any
profession as specified. (BPC 7312)
12)Provides that a school approved by the BBC is one which is
licensed by the BPPE or a public school in this state and
provides a course of instruction approved by the BBC. (BPC
7362)
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of the bill . This bill is one of four "sunset bills"
which extend the operations of certain boards, bureaus and
committees regulated by DCA and make various other regulatory
improvement. Specifically, this bill extends until January 1,
2018 the provisions establishing the Interior Design Law for
CIDs, and the Board regulating the training of guide dogs for
the blind. Additionally, this bill extends until January 1,
2016 the provisions establishing the BBC and the term of its
executive officer. SB 308 makes other changes regarding the
Interior Design Law and the regulatory programs of the Board
as well. This bill is sponsored by the author.
2)Author's statement . According to the author, "This bill is
one of four 'sunset review' bills. Unless legislation is
carried this year to extend the sunset dates for the Board
[and] BBC, they will be repealed on January 1, 2014. In
addition, unless legislation is carried this year to extend
the sunset date for the Interior Design Law, the entire
chapter relating to CIDs and authorizing an interior design
organization to issue a certification stamp to an interior
designer will be repealed as of January 1, 2014. This bill
extends the Board and the Interior Design Law for four years
to January 1, 2018. The bill would extend the BBC for two
years to January 1, 2016. This bill further makes a number of
legislative changes recommended by the boards and the
California Council for Interior Design Certification (CCIDC)
as well as recommendations made in the Committee's background
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paper [issued in conjunction with the joint sunset review
hearings held in March-April 2013]."
3)Joint oversight hearings and sunset review of DCA licensing
boards . In March and April of 2013, the Assembly Business,
Professions and Consumer Protection Committee and the Senate
Business, Professions and Economic Development Committee
conducted multiple joint oversight hearings to review 14
regulatory boards and other entities within the DCA. The
Committees began their review of these licensing agencies in
March and conducted three days of hearings. This and other
sunset bills are intended to implement legislative changes
recommended in the respective background reports drafted by
the Senate Business, Professions and Economic Development
Committee for all of the agencies reviewed by the Committees
this year.
4)The sunset review process . The sunset review process provides
a formal mechanism for DCA; the Legislature; the regulatory
boards, bureaus and committees; interested parties; and
stakeholders to make recommendations for improvements to the
authority of consumer protection boards and bureaus. This is
performed on a standard four-year cycle and was mandated by SB
2036 (McCorquodale) (Chapter 908, Statutes of 1994). The
legislation pertaining to this bill was based on specific
issues raised and addressed in the reports released by the
Senate Business, Professions and Economic Development
Committee.
5)California Council for Interior Design Certification . Current
law provides for a voluntary system whereby an interior
designer may become certified and obtain a stamp from an
interior design organization by demonstrating competency
through education, experience and examination. The California
Council for Interior Design Certification (CCIDC) was created
by a coalition of professional interior design organizations
in January of 1992 with the intent of being the organization
responsible for determining whether interior designers meet
the education, experience and examination requirements. The
law provides for an "interior design organization" to
administer voluntary certification. Through 2011 CCIDC
certified some 2,255 interior designers. In 2011, CCIDC
received and approved 126 applications, and renewed
approximately 1,000 certificates.
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The specific components of this bill aim to address some of
the issues pertaining to the CCIDC that were reviewed and
discussed during the sunset review of the CCIDC. This bill
requires the usage of written contracts to better protect
consumers, extends the sunset date of the Interior Design Law
until January 1, 2018, and further requires meetings of the
CCIDC be subject to the open-meeting requirements of the
Bagley-Keene Act.
6)Written contracts for interior design work . In CCIDC's recent
sunset review report, it recommended that CIDs be required to
use a written contract when providing interior design services
to a client. Although CCIDC has received only 71 complaints
against CIDs since 1992, a substantial number of those
complaints related to unfulfilled contract obligations,
disputes over charges for goods sold, and failure to deliver
goods. The use of written contracts would lend clarity to
those types of disputes.
Architects, contractors, engineers and land surveyors are
currently required to use written contracts, and are widely
considered an effective tool for protecting consumers by
ensuring fair contracting and billing practices. Contracts
also protect CIDs by ensuring that both parties understand the
essential terms of the agreement, which reduces disputes and
litigation. This bill specifies that a CID should utilize a
written contract when providing interior design services and
specifies the terms of such a contract.
7)Bagley-Keene . A major element of public protection in
regulatory programs is the transparency of their operations.
Under state law, the Bagley-Keene Open Meeting Act
(Bagley-Keene Act) generally requires all state boards and
commissions to publicly notice their meetings, prepare
agendas, accept public testimony and conduct their meetings in
public unless specifically authorized under by the
Bagley-Keene Act to meet in closed session. The public
meeting requirement applies to board and committee meetings
alike. A meeting is considered a "gathering" of a majority of
the board or a majority of a committee of three or more
persons where board business will be discussed. This includes
telephone and email communications.
Current law does not require the CCIDC to publicly notice its
meetings. This bill would require meetings of the CCIDC to be
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subject to the requirement of Bagley-Keene Act. While the
CCDIC is not a state board or commission, the requirement of
private certification organizations that are authorized by
state law to issue specific certifications to comply with open
meeting laws is consistent with what the Legislature has
required in 2008 for the massage therapy profession.
8)Sunset of the CCIDC . The law pertaining to CIDs was initially
enacted by SB 153 (Craven) (Chapter 396, Statutes of 1990).
The current law provides for a voluntary system whereby an
interior designer may become certified and obtain a stamp from
an interior design organization by demonstrating competency by
means of education, experience and examination. That law is
set to expire on January 1, 2014, and this bill will ensure
that the CCIDC continues certifying interior designers. The
CCIDC must also be reviewed again by the appropriate policy
committees of the Legislature in four years.
9)Opposition to proposed interior design amendments . Numerous
members of the interior design community submitted letters of
opposition to the Committee regarding proposed amendments to
this bill affecting to a CID's ability to submit interior
design plans to local building officials. However, those
proposed amendments were never adopted, and are not included
in the current version of this bill.
Separately, the American Institute of Building Design,
California Society expressed concerns with another set of
proposed amendments which would have added a provision to the
Health and Safety Code to expand the definition of "registered
design professional." Those proposed amendments were never
adopted, and are not included in the current version of this
bill.
Because these opposition letters pertain only to amendments that
were never taken, they are not otherwise reflected in this
analysis.
10)State Board of Guide Dogs for the Blind . The Board was
established on January 1, 1948 to ensure that blind persons
receive well-trained guide dogs, to confirm that blind persons
are thoroughly trained to be effective and safe guide dog
users, and to assure donors to guide dog charities that their
donations will be used for the intended charitable purpose.
The Board licenses guide dog schools, guide dog instructors,
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and fundraising programs to open new guide dog schools. The
Board inspects all schools, requires new active guide dog
instructors to take a legally defensible written and practical
examination, and requires instructors to submit proof of eight
hours of continuing education each year to remain licensed.
California is the only State with a regulatory program to
address guide dog instructors, trainers and schools. During
fiscal years 2011/12 the Board had a licensing population of
109 active guide dog instructors, and the Board oversees three
guide dog schools located throughout California.
11)Arbitration panel . Current law authorizes an arbitration
panel for the settlement of disputes between a guide dog user
and a licensed guide dog school regarding the continued use of
a guide dog by the user in all cases except those in which the
dog user is the unconditional legal owner of the dog. The
arbitration program has only been used two times during the
nine years it has existed. This bill extends the arbitration
program to allow this tool to continue to be available for
guide dog users and guide dog schools in resolving disputes
between them.
12)Sunset of the Board . In order to continue the Board's
important oversight role and to provide services for blind
persons in California, this bill will extend the sunset date
of the Board until January 1, 2018, and further requires the
Board to be reviewed again in four years by the appropriate
policy committees of the Legislature.
13)Board of Barbering and Cosmetology (BBC) . The BBC is
responsible for the licensing and regulation of barbers,
cosmetologists, estheticians, electrologists, manicurists,
apprentices and establishments. The BBC is an autonomous
regulatory entity under DCA, with full policy and enforcement
authority over the practices of hair, skin and nail care, and
electrolysis in the state. The Barbering and Cosmetology Act
(Act) regulates the practice of barbering, cosmetology and
electrolysis. Title protection is provided for the use of the
term "cosmetologist" and "barber." The Act also regulates the
specialty branches of skin care and nail care within the
practice of cosmetology. The BBC currently regulates over
500,000 licensees.
14)School oversight . The BBC approves certain aspects of a
barbering, cosmetology and electrology programs including
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curriculum, facilities, equipment and textbooks for schools
offering training programs for eventual licensees. In
addition, the BPPE approves many institutions to ensure
student protections for those individuals attending schools.
Current law provides that a school approved by the BBC is one
which is licensed by BPPE. A school that offers cosmetology,
barbering or electrology must first be licensed by the BPPE
and then must receive a separate approval from the BBC. The
BBC does not obtain a fee from schools for the work it
conducts to provide school approval.
During the sunset review process, the BBC noted concerns with
respect to the dual oversight of the schools and the school
approval process and the BBC requested that it be granted sole
oversight and sole approval of barbering, cosmetology and
electrology schools in the state.
Because the BBC has some expertise in the educational and
training requirements for its licensees to safely interact
with clients, it is no doubt appropriate for the BBC to have
some form of approval over barbering, cosmetology and
electrology programs offered in California. It is also
appropriate for the BBC to have the ability to remove its
approval of schools and programs that do not meet the
educational quality standards necessary for an individual to
learn how to be a safe, effective beauty practitioner.
However, it also appears that the BPPE serves an important
function in the continued approval and oversight it provides
to schools, as well as the student protections. This bill
therefore combines the school approval role of both the BBC
and the BPPE, providing the BBC with the authority to close
down bad schools as well.
15)Double-referred . This bill is double-referred to the
Assembly Governmental Organization Committee.
16)Related legislation . SB 304 (Price) of 2013 would make
various changes to the Medical Practice Act and to the Medical
Board of California. This bill is pending in the Assembly
Business, Professions and Consumer Protection Committee.
SB 306 (Price) of 2013 would have extended until January 1, 2018
the provisions establishing the State Board of Chiropractic
Examiners, the Speech Language Pathology and Audiology and
Hearing Aid Dispensers Board, the Physical Therapy Board of
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California and the California Board of Occupational Therapy,
and extends the terms of the executive officers of the
Physical Therapy Board of California and the Speech Language
Pathology and Audiology and Hearing Aid Dispensers Board.
This bill was subsequently amended to address an unrelated
topic.
SB 307 (Price) of 2013 would have extended until January 1, 2018
the term of the Veterinary Medicine Board, which provides for
the licensure and registration of veterinarians and registered
veterinary technicians and the regulation of the practice of
veterinary medicine by the Veterinary Medical Board. This
bill was held on the Senate Floor.
SB 309 (Price) of 2013 extends the term of the State Athletic
Commission, which is responsible for licensing and regulating
boxing, kickboxing, and martial arts matches and is required
to appoint an executive officer until January 1, 2018. This
bill is pending in the Assembly Arts, Entertainment, Sports,
Tourism and Internet Media Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
State Board for Guide Dogs for the Blind
Guide Dogs of America
Opposition
None on file.
Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916)
319-3301