Amended in Senate June 29, 2015

Amended in Assembly April 23, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 181

Introduced by Assembly Member Bonilla

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(Coauthor: Senator Hill)

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(Principal coauthor: Senator Hill)

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January 26, 2015

An act to amend Sections 7303, 7303.2, 7313, 7395.1, 7401, 7404, and 7407 of, to add begin delete Section end delete begin insert Sections end insert 7314.3 begin insert and 7402.5 end insert to, and to repeal Section 7308 of, the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

AB 181, as amended, Bonilla. Professions and vocations: barbering and cosmetology.

The Barbering and Cosmetology Act provides for the licensure and regulation, including inspection, of barbers and cosmetologists by the State Board of Barbering and Cosmetology in the Department of Consumer Affairs. Existing law requires that the board consist of certain members, and authorizes the board to appoint an executive officer. Under existing law, these provisions are repealed on January 1, 2016.

This bill would extend the operation of these provisions until January 1, 2020.

Existing law also requires the board to conduct specified reviews and reports by various dates in the past.

This bill would delete those requirements and would require the board, no later than November 1, 2018, to conduct specified reviews regarding training and examinations and report its findings to specified committees of the Legislature. The bill would require the board to begin delete adopt regulations that end delete establish a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language begin delete barriers. end delete begin insert barriers, and to evaluate the protocol every two years to ensure that it remains current. end insert The bill would require the board to establish a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues before the board. begin insert The bill would also require the board to issue regulations for a personal service permit, as defined, that, among other things, may require an applicant for a personal service permit to have proof of liability insurance, and would authorize fees for the issuance and renewal of a personal service permit. The bill would require the board to report to the Legislature, on or before July 1, 2017, as specified, regarding the regulatory process and the issuance of personal service permits. end insert The bill would also make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 7303 of the Business and Professions
Code is amended to read:

7303.  

(a) Notwithstanding Article 8 (commencing with Section
9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the
Government Code, there is in the Department of Consumer Affairs
the State Board of Barbering and Cosmetology in which the
administration of this chapter is vested.

(b) The board shall consist of nine members. Five members
shall be public members, and four members shall represent the
professions. The Governor shall appoint three of the public
members and the four professional members. The Senate
Committee on Rules and the Speaker of the Assembly shall each
appoint one public member. Members of the board shall be
appointed for a term of four years, except that of the members
appointed by the Governor, two of the public members and two
of the professions members shall be appointed for an initial term
of two years. No board member may serve longer than two
consecutive terms.

(c) The board may appoint an executive officer who is exempt
from civil service. The executive officer shall exercise the powers
and perform the duties delegated by the board and vested in him
or her by this chapter. The appointment of the executive officer is
subject to the approval of the director. In the event that a newly
authorized board replaces an existing or previous bureau, the
director may appoint an interim executive officer for the board
who shall serve temporarily until the new board appoints a
permanent executive officer.

(d) The executive officer shall provide examiners, inspectors,
and other personnel necessary to carry out the provisions of this
chapter.

(e) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.
Notwithstanding any other law, the repeal of this section renders
the board subject to review by the appropriate policy committees
of the Legislature.

SEC. 2.  

Section 7303.2 of the Business and Professions Code
is amended to read:

7303.2.  

The board shall conduct the following reviews, and
shall report its findings and recommendations to the Assembly
Committee on Business and Professions and the Senate Committee
on Business, Professions, and Economic Development no later
than November 1, 2018:

(a) The board, pursuant to Section 139 and begin delete in conjunction with end delete
begin insert under the oversight of end insert the Office of Professional Examination
Services of the department, shall review the begin delete 1600 hour end delete begin insert 1,600-hour end insert
training requirement for begin delete cosmetologists. end delete begin insert cosmetologists, conduct
an occupational analysis of the cosmetology profession in
California, and conduct a review of the national written
examination for cosmetologists and of the California practical
examination, in order to evaluate whether both examinations assess
critical competencies for California cosmetologists and meet
professional testing standards. end insert

(b) The board shall review the Spanish language examination
and curriculum requirements to determine if, by January 1, 2016,
the pass rate for Spanish speakers did not increase to the average
pass rate for all other language examinations during the two-year
period prior to January 1, 2016.

SEC. 3.  

Section 7308 of the Business and Professions Code is
repealed.

SEC. 4.  

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 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.

(d) The board shall adopt begin delete regulations that establish end delete a protocol
for inspecting establishments when an inspector has difficulty
understanding or communicating with the owner, manager, or
employees of the establishment due to language barriers. begin insert The board
shall evaluate the protocol every two years to ensure the protocol
remains current. end insert

SEC. 5.  

Section 7314.3 is added to the Business and Professions
Code, to read:

7314.3.  

The board shall establish a Health and Safety Advisory
Committee to provide the board with advice and recommendations
on health and safety issues before the board.

SEC. 6.  

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
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. 7.  

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.

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begin insert SEC. 8. end insert   

end insert

begin insert Section 7402.5 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 7402.5. end insert   

(a) For purposes of this section, a “personal service
permit” means a permit that authorizes an individual to perform
professional services, for which he or she holds a license pursuant
to this chapter, outside of an establishment, as defined in Section
7346, in accordance with the regulations established by the board.

(b) The board may issue a personal service permit to an
individual who meets the criteria for a personal service permit set
forth in regulation.

(c) The board shall issue regulations regarding a personal
service permit. In establishing the regulations, the board shall
hold, at a minimum, two stakeholder meetings.

(1) The board shall determine the appropriate licensing
categories that may apply for a personal service permit in order
to protect consumer safety.

(2) The board shall authorize a personal service permit holder
to perform services outside of a licensed establishment.

(3) The board shall not exempt a personal service permit holder
from any of the board’s existing regulations or requirements on
health and safety.

(4) The board shall not require a personal service permit holder
to be employed by an establishment, unless the board determines
that it would be necessary in order to maintain consumer safety.

(5) The regulations may require an applicant for a personal
service permit to have proof of liability insurance and to pass a
criminal background clearance.

(d) A personal service permit shall be valid for two years and
shall be renewed prior to expiration. The fee for a personal service
permit shall be no greater than fifty dollars ($50). The fee for the
renewal of a personal service permit shall be no greater than
eighty dollars ($80). The delinquency fee shall be 50 percent of
the renewal fee in effect on the date of the renewal.

(e) The board shall report on the progress of the regulatory
process and issuance of personal service permits to the Legislature
on or before July 1, 2017.

(1) The report shall be submitted in compliance with Section
9795 of the Government Code.

(2) The requirement to report to the Legislature under this
subdivision is inoperative on July 1, 2021, pursuant to Section
10231.5 of the Government Code.

end insert

begin delete SEC. 8. end delete
begin insert SEC. 9. end insert   

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
Public Health, 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.

begin delete SEC. 9. end delete
begin insert SEC. 10. end insert   

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 ensure that it and the Bureau for Private Postsecondary
Education do not issue citations for the same violation.