BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 181


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          Date of Hearing:  April 28, 2015


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                Susan Bonilla, Chair


          AB 181  
          Bonilla - As Amended April 23, 2015


          SUBJECT:  Professions and vocations:  barbering and cosmetology.


          SUMMARY:  Extends the regulatory authority for the Board of  
          Barbering and Cosmetology (BBC) until January 1, 2020; requires  
          the BBC to conduct a review of its current 1600-hour curriculum  
          requirements for the Cosmetologist license; requires the BBC to  
          review and revise protocols for its inspector program; requires  
          the BBC to establish a Health and Safety Advisory Committee;  
          and, makes minor and technical changes to delete obsolete code  
          sections and references.  


          EXISTING LAW:


          1)Establishes the BBC which provides for the licensure and  
            regulation of Barbers; Barber Apprentices; Cosmetology  
            Apprentices; Cosmetologists; Electrologists; Estheticians;  
            Manicurists; Establishments; and, Mobile Units, within the  
            Department of Consumer Affairs (DCA) to administer and enforce  
            the Barbering and Cosmetology Act (Act).  (Business and  
            Professions Code (BPC) Section 7301 et seq.) 


          2)Specifies that the BBC is comprised of nine members, five  








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            public and four professional; authorizes the BBC to appoint an  
            executive officer (EO); and specifies that the BBC is subject  
            to review of the appropriate policy committees of the  
            Legislature, as specified.  (BPC Section 7303.2)


          3)Requires that the protection of the public is the highest  
            priority for the BBC in exercising its licensing, regulatory,  
            and disciplinary functions and whenever the protection of the  
            public is inconsistent with other interests, the protection of  
            the public is the priority.  (BPC Section 7303.1)


          4)Requires the BBC's EO and authorized representatives, as  
            specified, to have access to, for the purpose of required  
            inspections, any establishment or mobile unit during business  
            hours or at any time in which barbering and cosmetology are  
            being performed.  (BPC Section 7313)


          5)Requires, within 90 days after issuance of the establishment  
            license, an inspection of the establishment for compliance  
            with the applicable rules and regulations of the BBC.  (BPC  
            Section 7353 (a)(1))


          6) Requires the BBC to maintain a program of random and targeted  
            inspections of establishments, as specified, and prohibits the  
            BBC from reducing the number of employees assigned to perform  
            random inspections, targeted inspections, and investigations  
            related to field operations below the level funded, as  
            specified.  (BPC Section 7353(b)(d))


          7)Prohibits the practice of barbering, cosmetology, or  
            electrolysis for compensation without a valid, unexpired  
            provider license or in an establishment or mobile unit unless  
            licensed by the BBC.  (BPC Section 7317)









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          8)Permits the practice of barbering and cosmetology outside of a  
            licensed establishment when necessary due to illness or other  
            physical or mental incapacitation of the recipient of the  
            service when performed by an individual licensed by the BBC.   
            (BPC 7318)


          THIS BILL:


          9) Requires the BBC to conduct a study and review of the  
            1600-hour training requirement for Cosmetologists and report  
            back to appropriate policy committees by November 1, 2018.
          10)Requires the BBC to conduct a review of 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.


          11)Requires the BBC to adopt regulations that 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  
            barriers.


          12)Requires the BBC to establish a Health and Safety Advisory  
            Committee to provide the BBC with advice and recommendations  
            on health and safety issues before the BBC. 


          13)Makes other technical and clarifying amendments including  
            deleting obsolete references to departments and reports.  


          FISCAL EFFECT:  Unknown.  This bill is keyed fiscal by the  








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          Legislative Counsel. 


          COMMENTS:


          14)Purpose.  This bill is one of five author-sponsored sunset  
            bills.  According to the author, "The BBC ensures that  
            applicants for licensure have completed the necessary training  
            and passed both a written and practical examination in order  
            to demonstrate that licensed individuals possess the knowledge  
            and skills required to perform within the scope of their  
            discipline in order to protect the public's health and safety.  
             In addition, the BBC is responsible for carrying out many  
            responsibilities which ensure the safety of consumers and help  
            benefit the robust licensing populations in California.  In an  
            effort to improve the BBC's regulatory capacity and improve  
            administrative inefficiencies, this bill will require the BBC  
            to prioritize some of the issues raised in the Committee's  
            background paper during its sunset review, including reviewing  
            curriculum standards, ensuring that the curriculum and tests  
            are appropriate for Spanish-language test takers, establishing  
            a Health and Safety committee, and making technical changes to  
            outdated sections of the Act." 
          15)Background.  The BBC licenses and regulates over 550,000  
            licensees.  Each profession has its own scope of practice,  
            entry-level requirements, and professional settings, with some  
            overlap in areas.  The BBC's licensing population includes:  
            Barbers; Barber Apprentices; Cosmetology Apprentices;  
            Cosmetologists; Electrologists; Estheticians; Manicurists;  
            Establishments; and, Mobile Units.  The BBC's last sunset  
            review was completed in 2013, and at that time it was granted  
            a two-year extension to address outstanding issues as  
            determined by the Legislature.  

          Joint Oversight Hearings and Sunset Review of DCA Licensing  
            Boards.  In March of 2015, the Assembly Business and  
            Professions Committee and the Senate Business, Professions and  
            Economic Development Committee conducted multiple joint  








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            oversight hearings to review ten regulatory boards and other  
            entities within the DCA.  The sunset bills are intended to  
            implement legislative changes recommended in the respective  
            background reports drafted by the Committees for the agencies  
            reviewed this year.

          The sunset review process.  The sunset review process provides a  
            formal mechanism for the 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).  Each  
            eligible agency is required to submit to the Committees a  
            report covering the entire period since last reviewed that  
            includes, among other things, the purpose and necessity of the  
            agency and any recommendations of the agency for changes or  
            reorganization in order to better fulfill its purpose.  During  
            "sunset review," the Committees take public testimony and  
            evaluate the eligible agency prior to the date the agency is  
            scheduled to be repealed.  An eligible agency is allowed to  
            sunset unless the Legislature enacts a law to extend,  
            consolidate, or reorganize the eligible agency.  

          The legislation pertaining to this bill is based on specific  
            issues raised and addressed in the report released by the  
            Assembly Business and Professions Committee.  The BBC was last  
            reviewed in 2013 and received only a two-year sunset extension  
            because of several concerns raised during the 2013 hearing  
            that needed to be monitored more closely.  While not all prior  
            issues were fully resolved, the BBC addressed most of the  
            issues to the satisfaction of the Committees.  Therefore, this  
            bill makes changes to the BBC as recommended in the Assembly  
            Business and Professions Committee background paper, including  
            extending the BBC;'s sunset date to January 1, 2020 and its  
            authority to appoint an EO. 

            Inspector Program.  An important and essential arm of the  
            BBC's enforcement activities is the Inspection Program, whose  








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            primary role is enforcing health and safety regulations.  This  
            is accomplished through directed, random, initial and targeted  
            inspections of the 50,473 establishments and 283 schools of  
            barbering, cosmetology, and electrology.  Challenges with the  
            Inspector Program are not unique to the BBC and have  
            previously been raised by Legislative Committees and DCA  
            audits.  During the BBC's 2013 sunset review, the Committee's  
            background paper cited "continuous problems with the Inspector  
            Program" and requested the BBC to address numerous issues  
            including the inappropriate use of the position, lack of  
            proper training, and concerns with vacancies.  In addition to  
            the BBC's reported inspection challenges, stakeholders have  
            also shared concerns with the inspection process, especially  
            as it pertains to language barriers.  As noted, the BBC  
            regulates a diverse population, which includes many  
            individuals with limited English proficiency, who cannot  
            always understand English-language inspection forms or are met  
            with communication problems during an inspection.  Currently,  
            it appears that the BBC does not have a standardized protocol  
            or systematic process for inspectors when they encounter  
            potential language barriers, which may complicate the  
            inspection process and result in dissatisfactory outcomes for  
            licensees.  The BBC reports that in an effort to help better  
            identify concerns of licensees regarding inspectors and the  
            inspection process, it has translated complaint forms into  
            Vietnamese, Spanish, and Korean.  The BBC reports that it is  
            also working with the DCA to provide training to inspectors.   
            In order to help address some of the challenges with the  
            Inspector Program, this bill will require the BBC to develop a  
            protocol for inspecting establishments where language concerns  
            exist.

          Curriculum Requirement.  In 2009, the BBC reports that it  
            transitioned to the national written examination.  Since the  
            transition, the BBC has seen a decline in the pass rates of  
            the written examination.  The BBC reports that this may result  
            from new material on the examination being "current and  
            relevant to today's practices" as the previous examination had  
            been in circulation for many years and many schools often  








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            provided courses on how to pass the old version of the  
            examination.  It is unclear what, if any, updates, changes, or  
            revisions were made to schools' curriculum standards or if  
            reference materials were updated as a result of the transition  
            to the national examination.  This bill will require the BBC  
            to review its current curriculum standards to ensure that the  
            1600-hour requirement for cosmetologists is warranted and that  
            the materials being taught to students are relevant to today's  
            practices. 


          BPC Section 7362 specifies that the BBC is required to determine  
            by regulation the subjects which must be completed, the  
            approved courses (what material must be taught), including the  
            minimum hours of technical instruction and practical  
            operations that a student must complete for each subject.


            In addition, the Committee's background paper also noted  
            concerns with the Spanish-language examination pass rate which  
            has been low for a number of years.  According to information  
            from the United States Census Report in 2011, 43% of  
            Californians, or more than 15 million residents, reported that  
            they spoke a language other than English at home.  While the  
            BBC's mission is mainly to protect consumers, it also has a  
            responsibility to its licensing population to ensure that  
            current licensees and potential licensees are able to obtain  
            the appropriate instruction and training necessary to meet  
            California's safety standards balanced with a mission to  
            expand employment and business opportunities for individuals  
            throughout the State.  The BBC has one of the highest  
            licensing populations of all regulatory entities of DCA.   
            Given the large licensing population, the BBC needs to ensure  
            its diverse population obtains the appropriate education and  
            upon completion of a BBC-approved curriculum, is able to pass  
            the required licensing examinations.  The Spanish-language  
            pass rate issue has plagued the BBC during the last two sunset  
            reviews and continues to be an issue.  This bill will require  
            the BBC to conduct a review of the Spanish-language  








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            examination and curriculum as specified.

            Advisory Committee.  During the BBC's 2013 sunset review, the  
            committee background paper raised current health and safety  
            issues which continue to plague the beautification industry,  
            especially in nail salons.  The report stated, "nail salons  
            are of particular concern due to the high preponderance of  
            minority women working for extremely long hours in settings  
            that are not properly ventilated and having constant contact  
            with potentially dangerous chemicals linked to illness and  
            reproductive health problems."   Because the continued changes  
            in the industry and new beautification products are brought to  
            market, this bill requires the BBC to establish a permanent  
            committee which is designated to review industry trends as  
            they relate to health and safety standards to ensure the  
            timely distribution of information about potential and growing  
            concerns

          16)Previous Related Legislation. SB 308 (Lieu) Chapter 333,  
            Statutes of 2013, extends until January 1, 2018 the provisions  
            of the Interior Design Law and the Board of Guide Dogs for the  
            Blind and extends until January 1, 2016 the provisions of the  
            BBC and the term of its executive officer, and makes various  
            other technical changes and improvements to those provisions.   

          AB 1545 (Eng), Chapter, 35 Statutes of 2008, re-established the  
            DBC, the Speech-Language Pathology and Audiology Board, the  
            BVNPT, and the BBC within the DCA; establishes an executive  
            officer for each board; repeals those provisions on January 1,  
            2012.


          REGISTERED SUPPORT:  


          None on file. 











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          REGISTERED OPPOSITION:  
          None on file. 




          Analysis Prepared by:Elissa Silva / B. & P. / (916) 319-3301