BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 181          Hearing Date:    July 6,  
          2015
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          |Author:   |Bonilla                                               |
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          |Version:  |June 29, 2015                                         |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Sarah Mason                                           |
          |:         |                                                      |
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           Subject:  Professions and vocations: barbering and cosmetology.


          SUMMARY:  Extends the operation of the California State Board of  
          Barbering and Cosmetology (BBC) until January 1, 2020.  Makes  
          changes to the laws governing the Board's regulation of barbers,  
          cosmetologists, estheticians, electrologists, manicurists,  
          apprentices and establishments.

          Existing law:  Provides for the licensure and regulation of the  
          practice of barbering, cosmetology and electrolysis under the  
          Barbering and Cosmetology Act (Act) by the BBC within the  
          Department of Consumer Affairs (DCA) and authorizes the BBC to  
          appoint an executive officer subject to the approval of the  
          Director of the DCA, and repeals these provisions on January 1,  
          2016.  (BPC § 7303)

          This bill:

          1)Requires the BBC to conduct a study and review of the  
            1600-hour training requirement for 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 and report the findings to  
            the Assembly Committee on Business and Professions and the  
            Senate Committee on Business, Professions and Economic  







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            Development no later than November 1, 2018.   


          2)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.
          3)Requires the BBC to adopt 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 and requires the BBC to  
            evaluate the protocol every two years to ensure the protocol  
            remains current.


          4)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. 


          5)Requires the BBC to issue regulations regarding a personal  
            service permit.  Defines "personal service permit" as 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, in accordance with the  
            regulations established by the BBC.   Authorizes BBC to issue  
            a personal service permit to an individual who meets the  
            criteria for a personal service permit set forth in  
            regulation.  Requires BBC to hold, at a minimum, two  
            stakeholder meetings.  Requires BBC to determine the  
            appropriate licensing categories that may apply for a personal  
            service permit in order to protect consumer safety.  Requires  
            BBC to authorize a personal service permit holder to perform  
            services outside of a licensed establishment.  Prohibits the  
            BBC from exempting a personal service permit holder from any  
            of the BBC's existing regulations or requirements on health  
            and safety.  Prohibits BBC from requiring a personal service  
            permit holder to be employed by an establishment, unless the  
            BBC determines that it would be necessary in order to maintain  
            consumer safety.  Provides that the regulations may require an  
            applicant for a personal service permit to have proof of  
            liability insurance and to pass a criminal background  








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            clearance.  Provides that a personal service permit, with a  
            fee no greater than fifty dollars, shall be valid for two  
            years and shall be renewed pursuant to a fee no greater than  
            eighty dollars, prior to expiration. 


          6)Requires BBC to report on the progress of the regulatory  
            process and issuance of personal service permits to the  
            Legislature on or before July 1, 2017.


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


          
          FISCAL EFFECT:  This bill is keyed "fiscal" by Legislative  
          Counsel.  According to the Assembly Committee on Appropriations  
          Committee analysis dated May 13, 2015, this bill will result in  
          on-going annual Special Fund costs of approximately $20.5  
          million (BBC Contingent Fund) to extend the BBC beyond the  
          January 1, 2016 sunset date. This fund is self-supporting with  
          fee revenue.   

          
          COMMENTS:
          
          1. Purpose.  This bill is sponsored by the  Author  .  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  








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             making technical changes to outdated sections of the Act."


          2. Oversight Hearings and Sunset Review of Licensing Boards and  
             Programs.  In 2015, the Senate Business, Professions and  
             Economic Development Committee and the Assembly Business and  
             Professions Committee (Committees) conducted joint oversight  
             hearings to review 12 regulatory entities: California  
             Accountancy Board; California Architects Board and Landscape  
             Architects Committee; California State Athletic Commission;  
             Board of Barbering and Cosmetology; Cemetery and Funeral  
             Bureau; Contractors State License Board; Dental Board of  
             California; Board for Professional Engineers, Land Surveyors  
             and Geologists; Board of Registered Nursing; Bureau of  
             Security and Investigative Services and; Board of Vocational  
             Nursing and Psychiatric Technicians.


             The Committees began their review of the aforementioned  
             licensing agencies in March and conducted two days of Sunset  
             Review Oversight Hearings.  This bill and the accompanying  
             sunset bills are intended to implement legislative changes as  
             recommended by staff of the Committees and which are  
             reflected in the Background Papers prepared by Committee  
             staff for each agency and program reviewed by the Committees  
             for this year.

          3. 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.  BBC's  
             membership is comprised of nine members: five public and four  
             professional.  As a special fund entity, the BBC receives no  
             General Fund (GF) support, relying solely on fees set in  
             statute and collected from licensing and renewal fees.  
             
             The Act specifies the regulations and requirements for  
             licensure.  The BBC provides applicants with detailed  
             instructions on the application process and requirements to  
             obtain licensure.  For applicants who have received training  
             from a BBC-approved school, the BBC provides the schools a  








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             Proof of Training document (POT) that is completed by the  
             school administration.  The POT verifies how many hours of  
             training were completed.  In order to verify submitted POT  
             documents, a representative from the school is required to  
             sign, under the penalty of perjury, that the information is  
             true and correct.  The BBC requires individuals seeking  
             licensure as a barber, cosmetologist, esthetician,  
             electrologists, or a manicurist to take and pass both a  
             written examination and a practical examination.

             BBC's Enforcement Program opens cases based on complaints or  
             issues submitted internally by staff, consumers, agencies, or  
             any outside entity.  To ensure the health and safety of  
             consumers, all cases are investigated.  Investigations may  
             include an inspection of the establishment, requests for  
             additional information from the consumer or licensee,  
             assistance from the Division of Investigation (DOI) within  
             the DCA, or an evaluation by an expert.  Complaint cases are  
             closed after the investigation has revealed insufficient  
             evidence to proceed, compliance with the BBC's rules and  
             regulations has been demonstrated, or disciplinary action has  
             been taken against the licensee.  To ensure compliance with  
             the BBC's health and safety and licensing regulations, random  
             and targeted inspections of establishments are conducted.  

             Unlicensed activity violations are considered a high priority  
             by both the DCA                                              
             and the BBC.  As the result of an inspection, owners who are  
             operating unlicensed establishments and owners who employ  
             unlicensed individuals are fined up to $1,000.  Each  
             unlicensed individual is also cited and fined $1,000.  Cases  
             involving licensed owners who have been repeatedly cited for  
             employing unlicensed individuals are forwarded to the AG for  
             discipline including, license suspension, probation, or  
             revocation. 

             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. 

          4. Review of BBC: Issues Identified and Recommended Changes.   








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             The following are some of the major issues pertaining to the  
             BBC along with background information concerning the  
             particular issue.  Recommendations were made by Committee  
             staff regarding the particular issue areas which needed to be  
             addressed. 
          
              a)   Issue: Practical Examination and Taking the Written  
               Examination Prior to Completing School 

                Background:  Currently, the BBC requires individuals  
               seeking licensure as a barber, cosmetologist, esthetician,  
               electrologists, or a manicurist to take and pass both a  
               written examination and a practical examination.   
               Candidates are scheduled to take the practical and written  
               examinations on the same day.  If they fail either one,  
               they need only to retest the failed portion.  The written  
               test is typically multiple-choice and varies in number of  
               questions based on license type.  As for the practical  
               examination, applicants are required to demonstrate the  
               hands-on skills and expertise developed during their  
               education.  For the practical examination, the hands-on  
               skills are demonstrated through the use of a mannequin head  
               or hand, or on a live model.  The BBC authorizes the use of  
               a live model only for the barbering and electrologists  
               examinations.  The BBC does not provide live models or the  
               mannequin heads or hands, which are required for the  
               cosmetologist, esthetician, and manicurist examinations.   
               According to the BBC, one of the ways to obtain a mannequin  
               head or hand for the practical examination is by renting an  
               examination "kit." There are several companies that rent  
               practical examination "kits" containing the supplies and  
               equipment needed to complete the examination.  However,  
               these are private businesses not affiliated with the BBC,  
               and the BBC cannot refer or recommend one over another. 

               Only three entities regulated by the DCA require a  
               practical examination: The Speech Language, Pathology and  
               Audiology Board, the Dental Board of California and the  
               BBC.  Currently, there are approximately six states that do  
               not have a practical examination.  Of the 40 states with  
               practical examinations, five require the schools to  
               administer the examination.  In FY 2013-14, the BBC spent  
               more than $3 million to administer examinations.  It is  
               unclear if the practical examination or the written  








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               examination is more costly to the BBC to administer or if  
               there is any potential cost savings if an examination  
               administered by the BBC was eliminated.  In a prior sunset  
               review of the BBC, the issue was raised regarding the cost  
               of examinations to the BBC.  In the 2012 sunset review  
               background paper, staff commented on the testing structure  
               and reported that "[BBC]'s testing costs are higher than  
               other boards and bureaus within [DCA] largely because the  
               practical examination administration requires that [BBC]  
               maintain and staff exam facilities." 

               While the original intent of a practical examination is  
               unclear, the BBC has been utilizing this examination since  
               at least 1992.  It is unclear if the elements assessed on  
               the practical examination could be administered at the end  
               of school instruction, be assessed by a written  
               examination, or if the practical examination is a better  
               and more accurate instrument for testing a student's  
               minimum competency and expertise in the subject area than  
               the written examination. 

               The BBC would like to permit students who have completed  
               the required "theory hours" or "freshman training" to be  
               eligible to take the written portion of the licensing  
               examination prior to completing a school program.  However,  
               the current curriculum regulations do not specify what must  
               be required in the "theory hours;" delineate how the  
               requirements are applicable to the written examination; or  
               specify if any material learned during the "theory hours"  
               is relevant to taking and passing the practical  
               examination, as well as the written examination.  In  
               addition, it is unclear if schools provide instruction in  
               the same format.  While the BBC determines the subject  
               matter, it does not standardize schools' courses, nor  
               determine or require certain instructional material.  

               In its 2014 sunset report, the BBC acknowledged that if  
               early testing is implemented, the BBC will sustain a  
               significant fiscal impact as programming changes would be  
               needed for the BreEZe data base along with changes to the  
               application review process, staffing, and examination  
               sites.  Given the current pass rate of the written  
               examination, including the Spanish-language version, it may  
               be more prudent for the BBC to review the instructional and  








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               curriculum requirements of schools to determine if any  
               curriculum changes are necessary in order to increase  
               passage rates of the current written examination, along  
               with a comprehensive review of school programs.  The  
               question arises, if an individual is able to pass the  
               written examination prior to completing a school program,  
               should consideration be given to shortening the required  
               hours of schooling for licensure?   

               Recommendation and Proposed Statutory Change:  Committee  
               staff noted that the Committees may wish to require the BBC  
               to conduct an occupational analysis of the current  
               practical examination to determine if it is still a  
               reliable and valuable measure of minimal competency or if  
               any changes are necessary.  The Committees may wish to  
               require the BBC to conduct an occupational analysis of the  
               current practical examination to determine if it is still a  
               reliable and valuable measure of minimal competency or if  
               any changes are necessary.    
            
           This bill requires the BBC to conduct a review of its current  
          1600-hour curriculum requirements for the Cosmetologist license,  
          including review of the BBC practical examination 
           

             b)   Issue:  Spanish Language Failure Rates and Language  
               Access

                Background:  The BBC notes that the low passage rate for  
               individuals taking the Spanish-language written  
               examinations is concerning.  The low passage rate for  
               Spanish-language exam takers was raised during the BBC's  
               2012 sunset review as well.  To date, it appears that the  
               passage rate has not improved.  To address this issue, the  
               BBC has added information to all of its examination  
               applications that state:  Please Note:  These documents are  
               translated into the most universal or neutral version of  
               each language to be acceptable to the widest possible  
               audience.

               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  








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               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, while expanding 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.   
               It would be beneficial for the BBC to refocus its efforts  
               with schools and examination providers to better understand  
               the issues presented to Spanish-language test takers (or  
               any other language issues that may arise) to ensure that  
               testing problems do not hinder an applicant's ability for  
               licensure.  

               In order to meet the needs of its diverse licensing  
               population, with respect to regulatory oversight, it is  
               critical that the BBC is able to communicate effectively  
               with its licensees throughout the lifecycle of the  
               licensing process.  One of the ways the BBC has sought to  
               increase language access is through the administration of  
               exams.  Currently, the BBC offers examinations in four  
               languages - English, Vietnamese, Korean, and Spanish.   
               Passage rates for Spanish test takers continues to be an  
               issue.  The BBC noted in its 2014 sunset review report that  
               it made language access one of its priorities over the last  
               two years.   To that end, the BBC has translated all of its  
               documents into Vietnamese, Spanish, and Korean.  In April  
               2014, the BBC reported that it established a separate link  
               on its website for the Vietnamese-speaking community which  
               includes forty-two fact sheets that have been translated  
               into Vietnamese.  In June 2014, links were created for the  
               Spanish-speaking community and the Korean-speaking  
               community.  The fact sheet topics range from "what to  
               expect during an inspection" to "industry advisory  
               notices."   In addition, the inspection report was  
               translated into Vietnamese so that inspectors can provide a  
               handout of the report that indicates the violations found  








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               so that the licensee has the option to read these  
               violations in his or her first language.  

               While the BBC appears to be making progress with language  
               services, stakeholder groups continue to see this as a  
               major issue concerning the BBC and its limited  
               English-speaking populations.  During the January 2014,  
               board meeting, stakeholders informed the BBC that they  
               would like to see better translation services during  
                                          Disciplinary Review Committee (DRC) hearings, more  
               bilingual inspectors, and would like assistance in making  
               sure that translation services are accurate. 
                 
               Recommendation and Proposed Statutory Change:  Committee  
               staff noted that the Committees may wish to require the BBC  
               to work with education providers to ensure that the  
               curriculum and instructional materials meet the needs of  
               students.  Committee staff also noted that although the BBC  
               has made significant improvements in addressing language  
               access issues, it is clear that more can be done.   
            
           This bill requires the BBC to conduct a review of the  
          Spanish-language examination if the pass rates do not improve  
          within the next year.  This bill also requires BBC to review and  
          revise protocols for its inspector program where language  
          barriers exist between inspectors, licensees and owners.
           
             c)   Issue:  Health and Safety For Hair Care and Beauty  
               Professionals

                Background:  The BBC is required to design the curriculum  
               of a health and safety course that must be covered by  
               schools as part of the hours of required instruction.  BPC  
               § 7389 specifies that the BBC is to develop or adopt a  
               health and safety course on hazardous substances, which  
               must be taught in schools approved by the BBC.  This  
               curriculum needs to be taught as a stand-alone course,  
               separate from other curricula, in order to fulfill the  
               Health and Safety Hazardous Substances requirement.  In  
               order to develop the content for this course, the BBC  
               worked with the health professionals from the Labor  
               Occupational Health Program (LHOP) based at the School of  
               Public Health, University of California, Berkeley (UCB).   
               The LHOP curriculum program is titled, Health and Safety  








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               for Hair Care and Beauty Professionals.  When the program  
               was launched, the BBC praised the curriculum as being the  
               "first of its kind" in California and the nation; however  
               it has not been updated since its release in the 1990s.   
               This issue was raised by a stakeholder group which noted  
               that some of the curriculum content may be in need of  
               updates and revisions.  As pointed out, the curriculum does  
               not mention the formaldehydes found in the "Brazilian  
               Blowout" straightener products, and it may not accurately  
               reflect the latest industry-related technology and chemical  
               advancements in the nail care industry.  

               According to the BBC, it is in the process of updating the  
               curriculum standards.  The BBC reports that it has already  
               met with the UCB to discuss these standards; however, the  
               BBC still believes that much of the material is still  
               current but there is information that needs to be added.   
               The BBC reports that it is also working with the DCA on  
               this issue as they would like to make it a web-based  
               curriculum.  At this time, the BBC does not have an  
               estimate of the cost for revision or its timeframe for  
               completion.  The manual is accessible online, in PDF  
               format, at  
               http://lohp.org/wp-content/uploads/2013/10/hairandbeauty.pdf 
                or it can be ordered through the LOHP for $35.00, as  
               stated on the BBC's website.  
                 
               Recommendation and Proposed Statutory Change:  Committee  
               staff recommended that the BBC should advise the Committees  
               as to when it will revise or update the current curriculum  
               in the Health and Safety for Hair Care and Beauty  
               Professionals manual.  
            
           This bill requires the BBC to establish a Health and Safety  
          Advisory Committee to provide recommendations.  

             d)   Issue:  Freelance Certification

           Background:  The BBC's 2014 sunset review report identified  
          several new issues pertaining to workforce development which  
          included expanding or altering licensing classifications.   
          Currently in California, all BBC-regulated beautification  
          services are required to be obtained within a BBC licensed  
          establishment.  BCP § 7317 specifically states that it is  








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          unlawful for any person, firm, or corporation to engage in  
          barbering, cosmetology or electrolysis practices, for  
          compensation, in an establishment or mobile unit which is not  
          licensed by the BBC.  Legally, those BBC-licensed establishments  
          or the twenty-one licensed mobile units are the only facilities  
          where consumers can access services of licensed professionals  
          regulated by the BBC.  

          As reported by the BBC, current trends in the beautification  
          industry have found that consumers are beginning to seek  
          services outside the walls of a traditional brick and mortar  
          establishment such as homes, hotels, businesses, and other  
          non-traditional locations.  In order to help the BBC in its  
          regulatory capacity keep up with current industry trends, board  
          members discussed this issue at its June 3, 2013 and its July  
          16, 2013 licensing and examination committee meetings, and again  
          at the October 21, 2013 board meeting.  At the formal meeting,  
          board members decided to support the creation of a new freelance  
          certificate.  The BBC reports that the pros of a freelance  
          certification include: individuals practicing outside of an  
          establishment are held accountable to health and safety  
          regulations as traditional establishments are, and it provides a  
          solution to current services taking place outside of a licensed  
          establishment or mobile unit.  The BBC reports that this new  
          certification will allow consumers who obtain services in  
          non-traditional settings to have the same ability as in  
          traditional establishments to report any health and safety  
          violation and be assured that the individual has met the  
          appropriate licensure requirements to practice.  There is one  
          exemption under current law (BPC § 7318) which permits a  
          licensed individual to provide beautification services outside  
          of a licensed establishment or mobile unit, when necessary, due  
          to illness or other physical incapacitation, such as in  
          convalescent homes. These services must be obtained from an  
          individual who is employed by a licensed-establishment.  

          In its 2014 sunset report, the BBC provided information on other  
          states that offer a similar license or registration.  Washington  
          offers a personal service license and Oregon offers a freelance  
          authorization, both of which allow consumers to access services  
          outside of a licensed establishment.  Ohio offers a temporary  
          special event permit which temporarily allows for cosmetology  
          services to be provided in a location not licensed by the  
          regulatory entity.  In addition, New York authorizes licensees  








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          to practice in remote locations as long as the applicable  
          requirements are followed.  Information has been shared with  
          Committee staff that identifies new business models in other  
          states, where services are conducted outside of a traditional  
          brick and mortar establishment.  Individuals are receiving  
          services at business offices, hotels, or other sites not  
          traditionally common to industry practices in California.   
          Changing beautification service areas will require expanding or  
          altering the regulatory landscape of the BBC to ensure consumer  
          safety.   

          While the BBC offers a mobile unit license, the parameters for  
          operation are limited.  The mobile unit allows licensees to  
          offer traditional services outside of a brick and mortar  
          establishment in a mobile unit or "salon on wheels."  Mobile  
          units are required to meet certain specifications, pass  
          inspections, and cannot be used for residential purposes.   
          Mobile units allow services to be conducted at someone's home;  
          however, the services must be provided in the unit and not in  
          the consumer's residence.  The BBC reported that it had  
          twenty-one licensed mobile units in FY 2013-14, an increase of  
          six from FY 2010-11.  

          While data is limited in California, examples from other states'  
          licensure requirements and new business models may highlight a  
          growing demand to modify California's licensing standards to  
          reflect industry changes trending in other states.  In order for  
          the BBC to continue to effectively regulate the beautification  
          market, it is important to make sure that service demands are  
          consistent with the services being offered by licensed  
          professionals.  Currently, a cosmetologist performing a hair  
          style for a bride at a hotel or other venue is guilty of  
          unlicensed activity because they are operating outside of a  
          BBC-licensed establishment.  In order to ensure that consumers  
          are able to obtain services at a location outside of a licensed  
          establishment, while still ensuring the relevant safety  
          guidelines and standards are met, there may be a need to revise  
          current laws in order to permit licensees to perform services  
          outside of a physical establishment.  

          Recommendation and Proposed Statutory Change:  Committee staff  
          recommended that the BBC should explain to the Committees any  
          new regulations, industry standards or licensing reforms that  
          would be necessary to implement a new freelance certificate and  








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          explain how the BBC could regulate such certificates in a matter  
          consistent with its mission.  In addition, the BBC should  
          explain to the Committees if it would need to enhance  
          application requirements for freelance certificates, such as  
          expanding the background check program or adding bonding  
          requirements.    

          This bill requires the BBC, through regulations, to establish a  
          personal service permit.  

             e)   Issue:  Technical Changes Necessary To Improve the Act
           
               Background:  Currently in the BPC, there are a number of  
               outdated references and obsolete code sections in the Act.   
               As a result of previous sunset reviews, the BBC has been  
               required to conduct several studies and reviews and report  
               back to the appropriate policy committees of the  
               Legislature.  For example, BPC § 7303.2 requires the BBC to  
               conduct studies and reviews regarding the apprenticeship  
               program, the national examination, the 1600-hour training  
               requirement for cosmetologists, among others and report  
               back to the Legislature no later than September 1, 2005.   
               This section is no longer relevant and is outdated.  In  
               addition, BPC § 7404(4)(c) makes an outdated reference to  
               the California Department of Health Services instead of the  
               current Department of Public Health.  It would be both  
               beneficial and prudent to strikeout outdated references and  
               obsolete code sections.  The Board should recommend cleanup  
               amendments for this section.

               Recommendation and Proposed Statutory Change:  Committee  
               staff recommended that BBC should recommend any additional  
               technical cleanup amendments for BPC § 7301 et seq. to the  
               Committees.  
            
           This bill makes various technical changes to delete references  
          to obsolete code sections and update references to other  
          agencies.  

          1. Related Legislation This Year.   SB 465  (Hill) extends the  
             operation of the Contractors' State License Board until 2020  
             and makes various changes to the Contractors' State License  
             Law.  (  Status:   The bill is pending in the Assembly Committee  
             on Business and Professions.) 








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              SB 466  (Hill) sunsets the Board of Registered Nursing.   
             (  Status:   The bill is pending in the Assembly Committee on  
             Business and Professions.) 

              SB 467  (Hill) extends the operation of the California Board  
             of Accountancy until 2020 and makes various changes in  
             regards to the DCA.  (  Status:   The bill is pending in the  
             Assembly Committee on Business and Professions.) 

              SB 468  (Hill) extends the operation of the Bureau of Security  
             and Investigative Services and the Alarm Company Act,  
             Locksmith Act, Private Investigator Act, Private Security  
             Services Act, Proprietary Security Services Act, and  
             Collateral Recovery Act until January 1, 2020.  It also  
             subjects the Bureau to review by the appropriate committees  
             of the Legislature and makes various changes to provisions in  
             the aforementioned Acts to improve the oversight, enforcement  
             and regulation by the Bureau of licensees under each Act.   
             (  Status:   The bill is pending in the Assembly Committee on  
             Business and Professions.)  

              SB 469  (Hill) extends the operation of the California State  
             Athletic Commission until January 1, 2020.  Makes changes to  
             the laws governing the Commission's operations and the  
             Commission's oversight of professional and amateur boxing,  
             professional and amateur kickboxing, all forms and  
             combinations of full contact martial arts contests, including  
             mixed martial arts and matches or exhibitions conducted, held  
             or given in California.  (  Status:   The bill is pending in the  
             Assembly Committee on Business and Professions.)     

              AB 177  (Bonilla) extends the operation of the Board for  
             Professional Engineers, Land Surveyors and Geologists and  
             California Architects Board and Landscape Architects  
             Committee until January 1, 2020.  (  Status:   The bill is also  
             set for a hearing before this Committee on July 6.)     

              AB 178  (Bonilla) extends the operation of the Board of  
             Vocational Nursing and Psychiatric Technicians until January  
             1, 2020.  (  Status:   The bill is pending in the Senate  
             Appropriations Committee.)     

              AB 179  (Bonilla) extends the operation of the Dental Board of  








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             California until January 1, 2020.  (  Status:   The bill is also  
             set for a hearing before this Committee on July 6.)     

              AB 180  (Bonilla) extends the operation of the Cemetery and  
             Funeral Bureau until January 1, 2020.  (  Status:   The bill is  
             also set for a hearing before this Committee on July 6.)     

          2.Prior 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 EO, and makes  
             various other technical changes and improvements to those  
             provisions.  
            AB 1545  (Eng, Chapter 35 Statutes of 2008) was an urgency  
             measure which re-established the BBC within the DCA because  
             legislation extending the sunset (SB 534, Perata of 2007) was  
             vetoed and without this and the accompanying measure,  SB 797   
             (Ridley-Thomas, Chapter 33, Statutes of 2008), statutory  
             authority for the BBC's existence would have come to an end  
             July 1, 2008.  SB 797 also sought to maintain continuity with  
             the regulatory and administrative functions of the BBC for  
             the period of time between July 1, 2008, and January 1, 2009,  
             when it would be inoperative as a board.  SB 797 authorized  
             the appointment of the BBC executive officer and authorized  
             DCA to create an advisory committee made up of the former  
             members of the BBC to advise and direct the bureau chief for  
             the six months between July 1 and December 31.  SB 797  
             extended the sunset date on the authority of the BBC and  
             authority to appoint an executive officer to January 1, 2012.


            SB 1482  (Polanco, Chapter 1148, Statutes of 2002) recreated the  
             BBC as an independent Board consisting of two public members  
             and seven members representing the professions.    


            SB 2036  (McCorquordale, Chapter 908, Statutes of 1994)  
             eliminated BBC and transferred its functions to a Bureau  
             within DCA. 


          SUPPORT AND OPPOSITION:
          








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           Support:  

          Manicube
          Professional Beauty Federation of California

           Opposition:  

          None on file as of June 30, 2015.
                                      -- END --