BILL NUMBER: AB 2025 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 9, 2016
AMENDED IN ASSEMBLY APRIL 18, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Gonzalez
(Coauthors: Assembly Members Chiu and Ting)
(Coauthor: Senator Nguyen)
FEBRUARY 16, 2016
An act to amend Sections 7312, 7314, 7362, and 7401 of,
to add Section 7396.1 to, and to repeal Section 7347 of,
7314.3, 7337, 7347, and 7389 of 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.
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.
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.
Existing law requires every application for admission to
examination and licensure to be verified by the oath of the
applicant.
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.
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 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 require,
as part of a complete application to operate an establishment
, a signed acknowledgment that the applicant understands the
informational materials on basic labor laws the
applicant is provided by the board with the application and
that establishments are responsible for obeying the
compliance with any applicable labor laws of the
State of California. state.
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
determine by regulation the required subjects of instruction
to be completed in all approved courses. 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.
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. health and safety course that
the board is required to develop or adopt to additionally cover
basic labor laws, as specified.
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 applications application for a
license issued pursuant to Section 7396.1,
7347, the demographic information of each applicant
applicant, including, but not limited to, her or
his spoken and written language preference.
SEC. 3. Section 7314.3 of the Business
and Professions Code is amended to read:
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 board.
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:
(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 state and federal labor
laws.
SEC. 4. Section 7337 of the Business
and Professions Code is amended to read:
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
applicant. 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. 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.
SEC. 5. 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 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. 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. If the applicant is
obtaining ownership of an existing establishment, the
bureau 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
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.
SEC. 6. Section 7389 of the Business
and Professions Code is amended to read:
7389. The board shall develop or adopt a health and safety course
on hazardous substances and basic labor laws as specified in
Section 7314.3 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.
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.