Amended in Senate June 9, 2016

Amended in Assembly April 18, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2025

Introduced by Assembly Member Gonzalez

(Coauthors: Assembly Members Chiu and Ting)

(Coauthor: Senator Nguyen)

February 16, 2016

An act to amend Sections 7312, 7314, begin delete 7362, and 7401 of, to add Section 7396.1 to, and to repeal Section 7347 of, end delete begin insert 7314.3, 7337, 7347, and 7389 of end insert the Business and Professions Code, relating to professions and vocations.

LEGISLATIVE COUNSEL’S DIGEST

AB 2025, as amended, Gonzalez. Barbering and cosmetology: labor law education requirements.

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.

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

begin insert

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

end insert begin insert

This bill would specify that the health and safety issues are those that impact licensees, including how to ensure licensees are aware of basic labor laws, as specified.

end insert begin insert

Existing law requires every application for admission to examination and licensure to be verified by the oath of the applicant.

end insert begin insert

This bill would additionally require every application for admission to examination and licensure to include a signed acknowledgment that the applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws that the applicant is provided by the board with the application.

end insert

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.

This bill would begin delete require that, on or before January 1, 2018, the board 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 end delete require, as part of a complete application begin insert to operate an establishment end insert , a signed acknowledgment that the applicant understands the informational materials on basic labor laws begin insert end insert begin insert the applicant is provided by the board with the application end insert and that establishments are responsible for begin delete obeying the end delete begin insert compliance with any applicable end insert labor laws of the begin delete State of California. end delete begin insert state. end insert

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.

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.

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 begin delete determine by regulation the required subjects of instruction to be completed in all approved courses. end delete begin insert develop or adopt a health and safety course on hazardous substances that is required to be taught in schools approved by the board. Existing law requires course development to include pilot testing of the course and training classes to prepare instructors to effectively use the course. end insert

This bill would require the begin delete labor laws that pertain to the types of licensees who may work in establishments to be among these required subjects. end delete begin insert health and safety course that the board is required to develop or adopt to additionally cover basic labor laws, as specified. end insert

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

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

SECTION 1.  

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

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 Care 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.

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

SEC. 2.  

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

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. Beginning
January 1, 2018, the board shall collect, through optional questions
on the begin delete applications end delete begin insert application end insert for a license issued pursuant to
Section begin delete 7396.1, end delete begin insert 7347, end insert the demographic information of each
begin delete applicant end delete begin insert applicant, end insert including, but not limited to, her or his spoken
and written language preference.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 7314.3 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

7314.3.  

The board shall establish a Health and Safety Advisory
Committee to provide the board with advice and recommendations
on health and safety issues before the begin delete board. end delete begin insert board that impact
licensees, including how to ensure licensees are aware of basic
labor laws. Basic labor laws include, but are not limited to, all of
the following: end insert

begin insert

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

end insert begin insert

(b) Wage and hour rights for hourly employees.

end insert begin insert

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

end insert begin insert

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

end insert begin insert

(e) How to obtain more information about state and federal
labor laws.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 7337 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

7337.  

Every application for admission to examination and
licensure shall be in writing, on forms prepared and furnished by
the board.

Each application shall be accompanied by the required fee, and
shall contain proof of the qualifications of the applicant for
examination and licensure. It shall be verified by the oath of the
begin delete applicant. end delete begin insert applicant and shall include a signed acknowledgment
that the applicant understands his or her rights as a licensee as
outlined in informational materials on basic labor laws as specified
in Section 7314.3 that the applicant is provided by the board with
the application. end insert Every applicant shall, as a condition of admittance
to the examination facility, present satisfactory proof of
identification. Satisfactory proof of identification shall be in the
form of a valid, unexpired driver’s license or identification card,
containing the photograph of the person to whom it was issued,
issued by any state, federal, or other government entity.

begin insert

begin insert SEC. 5. end insert   

end insert

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

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. begin insert The application shall include a signed
acknowledgment that the applicant understands that establishments
are responsible for compliance with any applicable labor laws of
the state and that the applicant understands the informational
materials on basic labor laws as specified in Section 7314.3 the
applicant is provided by the board with the application. end insert If the
applicant is obtaining ownership of an existing establishment, the
begin delete bureau end delete begin insert board end insert 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.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 7389 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

7389.  

The board shall develop or adopt a health and safety
course on hazardous substances begin insert and basic labor laws as specified
in Section 7314.3 end insert which shall be taught in schools approved by
the board. Course development shall include pilot testing of the
course and training classes to prepare instructors to effectively use
the course.

begin delete

SEC. 3.  

Section 7347 of the Business and Professions Code is
repealed.

SEC. 4.  

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

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 instruction and 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. The labor laws that pertain to the types
of licensees who may work in establishments shall be among the
required subjects to be completed.

(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.

SEC. 5.  

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

7396.1.  

(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) On or before January 1, 2018, 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).

SEC. 6.  

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

7401.  

(a) An individual licensed pursuant to Section 7396
shall report to the board at the time of license renewal, his or her
practice status, designated as one of the following:

(1) Full-time practice in California.

(2) Full-time practice outside of California.

(3) Part-time practice in California.

(4) Not working in the industry.

(5) Retired.

(6) Other practice status, as may be further defined by the board.

(b) An individual licensed pursuant to Section 7396 shall, at the
time of license renewal, identify himself or herself on the
application as one of the following:

(1) Employee.

(2) Independent contractor or booth renter.

(3) Salon owner.

(c) An individual licensed pursuant to Section 7396.1 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.

end delete