Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2025

Introduced by Assembly Member Gonzalez

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(Coauthors: Assembly Members Chiu and Ting)

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(Coauthor: Senator Nguyen)

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February 16, 2016

An act to amend begin insert Sections 7312, 7314, 7362, and 7401 of, to add Section 7396.1 to, and to repeal end insert Section 7347 begin delete of end delete begin insert of, end insert the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

AB 2025, as amended, Gonzalez. Barbering and begin delete cosmetology. end delete begin insert cosmetology: labor law education requirements. end insert

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Existing law, the Barbering and Cosmetology Act, establishes the State Board of Barbering and Cosmetology for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices. Existing law requires the board to carry out a list of duties including making rules and regulations, conducting and administering license examinations, issuing licenses to qualified applicants, and disciplining persons who violate the act.

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This bill would require that the board offer and make available all written materials provided to licensees and applicants in English, Spanish, and Vietnamese.

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Existing law requires the licensure of any person, firm, or corporation operating an establishment engaged in a practice regulated by the board. Existing law requires a separate license for each location where the establishment operates. Existing law requires applicants to submit an application, accompanied by a prescribed fee. Existing law prohibits the board from issuing a license to any applicant who has committed specified acts or crimes which are grounds for denial of licensure in effect at the time the new application is submitted.

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This bill would require the board to require as a condition of licensure to operate an establishment that the applicant has the knowledge of basic labor laws, as defined, that pertain to the types of licensees who may work in the establishment. The bill would require the board, in consultation with the Department of Industrial Relations, to develop and add questions on basic labor law to the application for a license to operate an establishment. The bill would require the board, in consultation with the Department of Industrial Relations and stakeholders, to select or create informational materials on basic labor law that the board determines to be practical and accessible to applicants. The bill would require the board to require, as part of a complete application, a signed acknowledgment that the applicant understands the informational materials on basic labor laws and that establishments are responsible for obeying the labor laws of the State of California.

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Existing law requires the board to keep a registration record of each licensee containing the name, address, license number, date issued, and any facts that the applicant may have stated in the application for examination for licensure.

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This bill would require the board, beginning January 1, 2018, to collect, through optional questions on the application to operate an establishment, demographic information of each applicant, including her or his preferred language preference.

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Existing law requires the board to admit to a licensing examination an applicant who meets certain qualifications, including having completed one or more courses, as specified, offered by a school approved by the board. Existing law requires the board to determine by regulation the required subjects of instruction to be completed in all approved courses.

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This bill would require the labor laws that pertain to the types of licensees who may work in establishments to be among these required subjects.

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The Barbering and Cosmetology Act establishes the State Board of Barbering and Cosmetology and requires, among other duties, that the board issue licenses to qualified applicants, as specified, who submit an application, accompanied by a prescribed fee, to operate an establishment engaged in the practice of barbering, cosmetology, natural hairstyling for compensation, or electrolysis, as those terms are defined. The act authorizes the board to reduce the amount of the fee for an applicant obtaining ownership of an existing establishment. The act requires a separate license for each location where the establishment operates.

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This bill would make a nonsubstantive change to this provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 7312 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

7312.  

The board shall do all of the following:

(a) Make rules and regulations in aid or furtherance of this
chapter in accordance with the Administrative Procedure Act.

(b) Conduct and administer examinations of applicants for
licensure.

(c) Issue licenses to those applicants that may be entitled thereto.

(d) Discipline persons who have been determined to be in
violation of this chapter or the regulations adopted pursuant to this
chapter.

(e) Adopt rules governing sanitary conditions and precautions
to be employed as are reasonably necessary to protect the public
health and safety in establishments, schools approved by the board,
and in the practice of any profession provided for in this chapter.
The rules shall be adopted in accordance with the Administrative
Procedure Act, Chapter 3.5 (commencing with Section 11340) of
Title 2 of the Government Code, and shall be submitted to the
State Department of Health Services and approved by that
department prior to filing with the Secretary of State. A written
copy of all those rules shall be furnished to each licensee.

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(f) Offer and make available all written materials provided to
licensees and applicants in English, Spanish, and Vietnamese.

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begin insert SEC. 2. end insert   

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begin insert Section 7314 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

7314.  

The board shall keep a record of its proceedings relating
to its public meetings, meetings of committees, and records relating
to the issuance, refusal, renewal, suspension and revocation of
licenses.

The board shall keep a registration record of each licensee
containing the name, address, license number and date issued. This
record shall also contain any facts that the applicants may have
stated in their application for examination for licensure. begin insert Beginning
January 1, 2018, the board shall collect, through optional questions
on the applications for a license issued pursuant to Section 7396.1,
the demographic information of each applicant including, but not
limited to, her or his spoken and written language preference. end insert

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begin insert SEC. 3. end insert   

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begin insert Section 7347 of the end insert begin insert Business and Professions Code end insert begin insert is
repealed. end insert

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7347.  

Any person, firm, or corporation desiring to operate an
establishment shall make an application to the bureau for a license
accompanied by the fee prescribed by this chapter. The application
shall be required whether the person, firm, or corporation is
operating a new establishment or obtaining ownership of an
existing establishment. If the applicant is obtaining ownership of
an existing establishment, the bureau may establish the fee in an
amount less than the fee prescribed by this chapter. The applicant,
if an individual, or each officer, director, and partner, if the
applicant is other than an individual, shall not have committed acts
or crimes which are grounds for denial of licensure in effect at the
time the new application is submitted pursuant to Section 480. A
license issued pursuant to this section shall authorize the operation
of the establishment only at the location for which the license is
issued. Operation of the establishment at any other location shall
be unlawful unless a license for the new location has been obtained
upon compliance with this section, applicable to the issuance of a
license in the first instance.

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begin insert SEC. 4. end insert   

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begin insert Section 7362 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

7362.  

(a) A school approved by the board is one that is first
approved by the board and subsequently approved by the Bureau
for Private Postsecondary Education or is a public school in this
state, and provides a course of instruction approved by the board.
However, notwithstanding any other law, both the board and the
Bureau for Private Postsecondary Education may simultaneously
process a school’s application for approval.

(b) The board shall determine by regulation the required subjects
of instruction to be completed in all approved courses, including
the minimum hours of technical minimum number of practical
operations for each subject, and shall determine how much training
is required before a student may begin performing services on
paying patrons. begin insert The labor laws that pertain to the types of licensees
who may work in establishments shall be among the required
subjects to be completed. end insert

(c) Notwithstanding any other law, the board may revoke,
suspend, or deny approval of a school, in a proceeding that shall
be conducted in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code, when an owner or employee of the school has engaged in
any of the acts specified in paragraphs (1) to (8), inclusive.

(1) Unprofessional conduct which includes, but is not limited
to, any of the following:

(A) Incompetence or gross negligence, including repeated failure
to comply with generally accepted standards for the practice of
barbering, cosmetology, or electrology, or disregard for the health
and safety of patrons.

(B) Repeated similar negligent acts.

(C) Conviction of any crime substantially related to the
qualifications, functions, or duties of the owner of an approved
school, in which case, the records of conviction or a certified copy
thereof shall be conclusive evidence of the conviction.

(2) Repeated 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 board-approved
schools.

(3) Repeated failure to comply with the rules adopted by the
board for the regulation of board-approved schools.

(4) Continued practice by a person knowingly having an
infectious or contagious disease.

(5) Habitual drunkenness, or habitual use of, or addiction to the
use of, any controlled substance.

(6) 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.

(7) Refusal to permit or interference with an inspection
authorized under this chapter.

(8) Any action or conduct that would have warranted the denial
of a school approval.

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begin insert SEC. 5. end insert   

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begin insert Section 7396.1 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

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begin insert 7396.1. end insert   

(a) Any person, firm, or corporation desiring to
operate an establishment shall make an application to the board
for an establishment license accompanied by the fee prescribed
by this chapter. The application shall be required whether the
person, firm, or corporation is operating a new establishment or
obtaining ownership of an existing establishment. If the applicant
is obtaining ownership of an existing establishment, the board
may establish the fee in an amount less than the fee prescribed by
this chapter. A license issued pursuant to this section shall
authorize the operation of the establishment only at the location
for which the license is issued. Operation of the establishment at
any other location shall be unlawful unless a license for the new
location has been obtained upon compliance with this section,
applicable to the issuance of a license in the first instance.

(b) The board shall require as a condition of licensure pursuant
to subdivision (a) that the applicant meets the following
requirements:

(1) The applicant, if an individual, or each officer, director, and
partner, if the applicant is other than an individual, shall not have
committed acts or crimes that are grounds for denial of licensure
in effect at the time the new application is submitted pursuant to
Section 480.

(2) The applicant has knowledge of basic labor laws that pertain
to the types of licensees who may work in the establishment. For
purposes of this section, the definition of the term “basic labor
laws” shall include, but not be limited to:

(A) Key differences between the legal rights, benefits, and
obligations of an employee and an independent contractor.

(B) Wage and hour rights for hourly employees.

(C) Antidiscrimination laws relating to the use of a particular
language in the workplace.

(D) Antiretaliation laws relating to a worker’s right to file
complaints with the Department of Industrial Relations.

(E) How to obtain more information about labor law from the
Department of Industrial Relations.

(c) To ensure that applicants for an establishment license have
the knowledge of basic labor laws pursuant to paragraph (2) of
subdivision (b) the board shall do all of the following:

(1) In consultation with the Department of Industrial Relations,
the board shall develop and add questions on basic labor laws to
the application.

(2) In consultation with the Department of Industrial Relations
and stakeholders, the board shall select or create informational
materials on basic labor laws that the board determines to be
practical and accessible to applicants.

(3) As part of a complete application, the board shall require
a signed acknowledgment that the applicant understands both of
the following:

(A) Establishments are responsible for obeying the labor laws
of the State of California.

(B) The informational materials on basic labor laws selected
or created by the board pursuant to paragraph (2) of subdivision
(c).

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begin insert SEC. 6. end insert   

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begin insert Section 7401 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

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 begin delete 7347 end delete begin insert 7396.1 end insert 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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SECTION 1.  

Section 7347 of the Business and Professions
Code is amended to read:

7347.  

Any person, firm, or corporation desiring to operate an
establishment shall make an application to the board for a license
accompanied by the fee prescribed by this chapter. The application
shall be required whether the person, firm, or corporation is
operating a new establishment or obtaining ownership of an
existing establishment. If the applicant is obtaining ownership of
an existing establishment, the board may establish the fee in an
amount less than the fee prescribed by this chapter. The applicant,
if an individual, or each officer, director, and partner, if the
applicant is other than an individual, shall not have committed acts
or crimes that are grounds for denial of licensure in effect at the
time the new application is submitted pursuant to Section 480. A
license issued pursuant to this section shall authorize the operation
of the establishment only at the location for which the license is
issued. Operation of the establishment at any other location shall
be unlawful unless a license for the new location has been obtained
upon compliance with this section, applicable to the issuance of a
license in the first instance.

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