BILL ANALYSIS Ó
AB 181
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
181 (Bonilla)
As Amended September 4, 2015
Majority vote
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|ASSEMBLY: |79-0 |(June 1, 2015) |SENATE: |40-0 |(September 9, |
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Original Committee Reference: B. & P.
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 1,600-hour curriculum
requirements for the Cosmetologist license; requires the BBC to
adopt a protocol for its inspector program; requires the BBC to
establish a Health and Safety Advisory Committee; requires the
BBC to issue regulations regarding a personal service permit, as
specified, and, makes numerous other minor and technical changes
to delete obsolete code sections and references. In addition,
this bill makes numerous substantive, technical, and
non-controversial changes to various provisions of the
non-healing arts boards regulated by the Department of Consumer
Affairs (DCA). Specifically, this bill:
1)Requires the BBC to review the 1,600-hour training requirement
for Cosmetologists, conduct an occupational analysis of the
cosmetology profession in California, and conduct a review of
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the national written examination for cosmetologists and of the
practical examination in order to evaluate whether both
examinations assess critical competencies for California
cosmetologists and meet professional testing standards and
report back to the appropriate policy committees by November
1, 2018.
2)Requires the BBC to conduct a review of the Spanish-language
examination 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)Defines a "personal service permit" to mean a permit that
authorizes an individual to perform services, for which he or
she holds a license, as specified, outside of an establishment
in accordance with regulations established by the BBC.
6)Permits the BBC to issue a personal service permit to an
individual who meets the criteria for a personal service
permit set forth in regulation.
7)Requires the BBC to issue regulations regarding a personal
service permit, and in establishing those regulations, the BBC
is required to hold, at a minimum, two stakeholder meetings.
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8)Requires the BBC to determine the appropriate licensing
categories that may apply for a personal service permit in
order to protect consumer safety.
9)Requires the BBC to authorize a personal service permit holder
to perform services outside of a licensed establishment.
10)Prohibits the BBC from exempting a personal service permit
holder from any of the BBC's existing regulations or
requirements on health and safety.
11)Specifies that the BBC cannot require 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.
12)Specifies that the regulations may require an applicant for a
personal service permit to have proof of liability insurance
and to pass a criminal background clearance.
13)States that a personal service permit is valid for two years
and must be renewed prior to expiration.
14)Specifies that the initial and renewal fee for a personal
service permit can be no greater than $50, and the delinquency
fee is 50% of the renewal fee in effect on the date of the
renewal.
15)Requires the BBC to report to the Legislature, as specified,
on or before January 1, 2017, on the progress of the
regulatory process and the issuance of the personal service
permit.
17)Makes the following substantive changes relating to the
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California Board of Accountancy (CBA):
a) Clarifies that a canceled license placed into retired
status may not be renewed, restored, or reinstated.
b) Requires that such license holders reapply for licensure
if they wish to renew restore, or reinstate their license.
18)Adds that a funeral establishment must use the words "good,"
"merchandize," "products," or "services" on its home page to
identify a link to the list of goods and services.
19)Clarifies that contractor licensees are required to notify
the registrar 90 days after any change in information.
20)Allows California Travel and Tourism Commission members to
participate in meetings through teleconference and other
technology.
21)Deletes the requirement for architects to prepare civil
engineering plans, calculations, specifications, and reports
for the construction of structures.
22)Makes the following substantive changes relating to the
Structural Pest Control Board:
a) Deletes language that limits the effect of the statute
to Branch 1 and Branch 3 registered companies.
b) Adds language that allows a person to represent that
pest control work has been completed by an unlicensed
company or individual in cases where the Business and
Professions Code (BPC) specifies that the unlicensed
company may complete the work.
c) Adds language in order to clarify that branch office
supervisors must be field representatives or operators who
are licensed in the branch or branches of pest control that
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is being conducted at that office.
23)Makes numerous technical, non-substantive, and clarifying
changes including deleting obsolete references to departments
and reports.
The Senate amendments delete the requirement that the BBC
conduct the review of its current 1,600-hour curriculum
requirements in conjunction with the Office of Professional
Examination Services; require the BBC to issue regulations
regarding a personal service permit and require the BBC to
conduct stakeholder meetings in developing those regulations;
authorize the BBC to issue a personal service permit if
specified conditions are met; revise the fee for the renewal of
a personal service permit from $80 to $50; make other technical
and clarifying amendments to the Barbering and Cosmetology Act,
and add language which make numerous substantive, technical, and
minor non-controversial changes to various provisions of the
non-healing arts boards regulated by DCA.
FISCAL EFFECT: According to the Senate Appropriations
Committee, this bill will result in:
1)No significant costs are anticipated due to the extension of
the California State Board of Barbering and Cosmetology
(Barbering and Cosmetology Contingent Fund). Under current
law, the BBC itself has a statutory sunset (including the
BBC's authority to employ an executive officer). However, the
larger body of current law requiring licensure for barbers and
cosmetologists and authorizing the enforcement of those laws
does not have a statutory sunset. If this bill was not
enacted and the BBC itself sunset, the overall regulatory
program would still existing within the DCA (less the costs
associated with the Board itself). Therefore, extending the
sunset of the BBC does not impose any significant costs.
2)One-time additional costs of about $510,000 for additional
requirements imposed in the bill (Barbering and Cosmetology
Contingent Fund). The BBC would review the existing 1,600
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hour training requirement for cosmetologists, conduct an
occupational analysis of the cosmetology profession, conduct a
review of the existing national written examination and
California practical examination for cosmetologists, and
conduct a review of the Spanish-language examination and
curriculum.
3)Ongoing costs of about $70,000 per year for issuing new
personal service permits (Barbering and Cosmetology Contingent
Fund).
4)Unknown costs for enforcing licensing requirements relating to
the new personal service permit (Barbering and Cosmetology
Contingent Fund).
5)Anticipated ongoing fee revenues of about $5 million per year
for new personal service permits (Barbering and Cosmetology
Contingent Fund). The BBC anticipates that about 15% of
licensees will seek the new permit.
COMMENTS:
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
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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, issuing regulations regarding a
personal service permit, and making technical changes to
outdated sections of the Act." In addition, this bill will
make numerous minor and non-controversial changes to various
provisions of the non-healing arts boards regulated DCA.
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
oversight hearings to review ten regulatory boards and other
entities within the DCA. The legislation pertaining
specifically to the BBC in this bill is based on specific
issues raised and addressed in the report released by the
Assembly Business and Professions Committee.
Inspector Program. An important and essential arm of the BBC's
enforcement activities is the Inspection Program, whose 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. During the BBC's 2013
sunset review, the Committee's background paper cited
"continuous problems with the Inspector Program" and requested
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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
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.
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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. 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 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.
Personal Service Permit. 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 Section 7317 specifically states
that it is 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
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services outside the walls of a traditional brick and mortar
establishment such as homes, hotels, businesses, and other
non-traditional locations. This bill authorizes the BBC to
determine whether or not to issue a "personal service permit"
and requires the BBC to hold stakeholder meetings among other
requirements during the regulatory process in establishing the
personal services permit. This bill requires the BBC to provide
an update to the Legislature by January 1, 2017, on its progress
of the regulatory process and the the issuance of a personal
service permit.
Cemetery and Funeral Bureau. SB 658 (Negrete-McLeod), Chapter
386, Statutes of 2011, enhanced California's disclosure
requirements by specifically requiring, beginning January 1,
2013, that all funeral establishments which maintain a website,
post their list of funeral goods and services. As drafted, this
requirement does not require any specific identification to the
Web site link where this information is posted. However, if a
funeral establishment elects to post a link to its General Price
List, it must identify the link on its home page with the words
"price information" or a similar phrase that includes the word
"price." (BPC Section 7685 (b) (3))
The Center for Public Interest Law's experience and the
experience of the Funeral Consumers Alliance (affirmed by 2013
report by the Orange County Register) revealed that the ability
of consumers to obtain consistent and reliable funeral
establishment product and pricing information over the Internet
is oddly difficult. In the absence of such information over the
Internet, consumers cannot ask about products or services over
the phone and get comparison quotes because they may not in the
first place know what products or services funeral
establishments offer generally, or which services are offered by
a particular facility.
This bill would require that a funeral establishment must use
the words "goods," "merchandise," "products," or "services" on
its home page to identify a link to the list of goods and
services to enable consumers to find this important information.
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County Clerks and Election Officials. Current law is unclear
for out-of-state registrants for a fictitious business name as
to whether the required documentation by the county clerk needs
to be from the California Secretary of State (SOS) or any SOS.
Therefore, this bill clarifies that the applicant for a
fictitious business name in the State of California provides
required documentation from the California SOS, if requested by
the county clerk.
Contractors State License Board. BPC Sections 136 and 7083
conflict as to the required timeframe for a licensee to report
an address change. BPC Section 136 requires a licensee to
notify the issuing board at its principal office of any change
in his or her mailing address within 30 days after the change,
unless the board has specified by regulations a shorter time
period. This is the usual timeline for all DCA licensees.
However, BPC Section 7083 provides that all licensees shall
notify the registrar, on a form prescribed by the registrar, in
writing within 90 days of any change to information recorded
under Chapter 9, Division 3 of the BPC. This bill addresses a
conflict in the timeframe for reporting information to the board
and underscores that contractor licensees are required to notify
the registrar 90 days after any change in information.
Governor's Office of Business and Economic Development. This
bill makes a technical change to the Government Code that allows
members to participate in the California Travel and Tourism
Commission via teleconference and other technology. This bill
continues to ensure that the teleconference is still subject to
the requirements of the Bagley-Keene Open Meeting Act and all
other requirements that allow for accessibility.
Board of Guide Dogs for the Blind. Referring to persons who are
blind or visually impaired as "blind person" is considered
offensive to many members of the community. The accepted
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terminology is to identify the individual as a person who has a
specific medical condition. This is called "person first
terminology".
This bill will change the language to reflect the accepted
terminology to identify a person who is blind. With this
wording, the person is not defined by their condition.
Additionally, members of the public and the board have noted the
outdated language referring to the use of the masculine gender
in the code. This bill would remove specific gender from the
code.
Board for Professional Engineers, Land Surveyors and Geologists.
Currently, BPC Section 6735 allows architects to sign off on
civil engineering plans, calculations, specifications, and
reports for the construction of reports. Since the level of
education and expertise are dramatically different between the
two groups, this bill reverts the code section back to its 2014
format where only civil engineers may sign off on civil
engineering plans, calculations, specifications, and reports for
the construction of reports.
Structural Pest Control Board. For BPC Section 8508, this bill
replaces the word "man" with the word "persons" and replacing
the word "his" with the word "their". For BPC Section 8513,
this bill deletes the language that limits the effect of the
statute to Branch 1 and Branch 3 registered companies in order
to correct statutory inconsistencies. Branch 2 registered
companies routinely contract directly with consumers therefore,
Branch 2 registered companies are subject to the provisions of
BPC Section 8513 and the mechanic's lien laws.
This bill also deletes repetitive language, BPC Section 8516.5,
as its provisions have been incorporated into BPC Section 8516.
For BPC Section 8552, this bill adds language that allows a
registered company to represent work that has been completed by
an unlicensed company or individual only in cases where the Act
explicitly provides for an unlicensed company to complete such
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work. Currently, BPC Section 8552 makes no such allowance even
though there are instances where repair work may be performed by
unlicensed companies or individuals.
This bill adds language in order to clarify that branch office
supervisors must be field representatives or operators who are
licensed in the branch, or branches of pest control that is
being conducted at that office.
Analysis Prepared by:
Elissa Silva / B. & P. / (916) 319-3301 FN:
0002332