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,begin insert Korean,end insert 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 licensurebegin insert and every electronic application to renew a licenseend insert 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 thebegin insert application or renewalend insert 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, as part of a complete applicationbegin insert for a licenseend insert to operate an establishment,begin insert and an electronic application to renew a license to operate an establishment,end insert a signed acknowledgment that the applicant understands the informational materials on basic labor laws the applicant is provided by the board with the applicationbegin insert or renewal applicationend insert and that establishments are responsible for compliance with any applicable labor laws of the 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 thebegin delete board, beginning January 1, 2018,end deletebegin insert
boardend insert to collect, through optional questions onbegin delete theend deletebegin insert a writtenend insert applicationbegin delete to operate an establishment, demographic information of each applicant, including her or his preferredend deletebegin insert for a license and in an electronic application to renew a license, theend insert languagebegin delete preference.end deletebegin insert preference of the applicant.end insert
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 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 health and safety course that the board is required to develop or adopt to additionally cover basic labor laws, as specified.
begin insertThis bill’s provisions would become operative on July 1, 2017.
end insertVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 7312 of the Business and Professions
2Code is amended to read:
begin insert(a)end insertbegin insert end insertThe board shall do all of the following:
4 4(a)
end delete
5begin insert(1)end insert Make rules and regulations in aid or furtherance of this
6chapter in accordance with the Administrative Procedure Act.
6 7(b)
end delete
8begin insert(2)end insert Conduct and administer examinations of applicants for
9licensure.
8 10(c)
end delete11begin insert(3)end insert Issue licenses to those applicants that may be entitled thereto.
9 12(d)
end delete
13begin insert(4)end insert Discipline
persons who have been determined to be in
14violation of this chapter or the regulations adopted pursuant to this
15chapter.
12 16(e)
end delete
17begin insert(5)end insert Adopt rules governing sanitary conditions and precautions
18to be employed as are reasonably necessary to protect the public
19health and safety in establishments, schools approved by the board,
20and in the practice of any profession provided for in this chapter.
21The rules shall be adopted in accordance with the Administrative
22Procedure Act, Chapter 3.5 (commencing with Section 11340) of
23Title 2 of the Government Code, and shall be submitted to the
P4 1State Department
of Health Care Services and approved by that
2department prior to filing with the Secretary of State. A written
3copy of all those rules shall be furnished to each licensee.
7 4(f)
end delete
5begin insert(6)end insert Offer and make available all written materials provided to
6licensees and applicants in English,begin insert Korean,end insert
Spanish, and
7Vietnamese.
8
(b) The amendments made to this section by the act adding this
9subdivision shall become operative on July 1, 2017.
Section 7314 of the Business and Professions Code is
11amended to read:
begin insert(a)end insertbegin insert end insertThe board shall keep a record of its proceedings
13relating to its public meetings, meetings of committees, and records
14relating to the issuance, refusal, renewal, suspension, and
15revocation of licenses.
16The
end delete
17begin insert(b)end insertbegin insert end insertbegin insertTheend insert board shall keep a registration record of each
licensee
18containing the name, address, licensebegin delete numberend deletebegin insert
number,end insert and date
19issued. This record shall also contain any facts that the applicants
20may have stated in their application for examination for licensure.
21begin delete Beginning January 1, 2018, theend deletebegin insert Theend insert board shall collect, through
22optional questions onbegin delete theend deletebegin insert a writtenend insert
application for a licensebegin insert and
23in an electronic application to renew a licenseend insert issued pursuant to
24begin delete Section 7347, the demographic information of each applicant, begin insert this chapter, theend insert spoken
25including, but not limited to, her or hisend delete
26and written languagebegin delete preference.end deletebegin insert preference of each applicant.end insert
27
(c) The amendments made to this section by the act adding this
28
subdivision shall become operative on July 1, 2017.
Section 7314.3 of the Business and Professions Code
30 is amended to read:
begin insert(a)end insertbegin insert end insertThe board shall establish a Health and Safety
32Advisory Committee to provide the board with advice and
33recommendations on health and safety issues before the board that
34impact licensees, including how to ensure licensees are aware of
35basic labor laws. Basic labor laws include, but are not limited to,
36all of the following:
32 37(a)
end delete
38begin insert(1)end insert Key
differences between the legal rights, benefits, and
39obligations of an employee and an independent contractor.
34 40(b)
end deleteP5 1begin insert(2)end insert Wage and hour rights for hourly employees.
35 2(c)
end delete
3begin insert(3)end insert Antidiscrimination laws relating to the use of a particular
4language in the workplace.
37 5(d)
end delete
6begin insert(4)end insert Antiretaliation laws relating to a worker’s right to file
7complaints with the Department of Industrial Relations.
39 8(e)
end delete
9begin insert(5)end insert How to obtain more information about state and federal
10labor laws.
11
(b) The amendments made to this section by the act adding this
12subdivision shall become operative on July 1, 2017.
Section 7337 of the Business and Professions Code is
14amended to read:
begin insert(a)end insertbegin insert end insertEvery application for admission to examination and
16licensure shall be in writing, on forms prepared and furnished by
17the board.
18Each
end delete
19begin insert(b)end insertbegin insert end insertbegin insertEachend insert application shall be accompanied by the required fee,
20and shall contain proof of the qualifications of the applicant for
21examination
and licensure. It shall be verified by the oath of the
22applicant and shall include a signed acknowledgment that the
23applicant understands his or her rights as a licensee as outlined in
24informational materials on basic laborbegin delete lawsend deletebegin insert laws,end insert as specified in
25Sectionbegin delete 7314.3end deletebegin insert 7314.3,end insert that the applicant is provided by the board
26with the application. Every applicant shall, as a condition of
27admittance to the examination facility, present satisfactory proof
28of identification. Satisfactory proof of identification shall be in the
29form of a valid, unexpired driver’s license or identification card,
30containing
the photograph of the person to whom it was issued,
31issued by any state, federal, or other government entity.
32
(c) Every electronic application to renew a license shall include
33a signed acknowledgment that the renewal applicant understands
34his or her rights as a licensee as outlined in informational
35materials on basic labor laws, as specified in Section 7314.3, that
36the renewal applicant is provided by the board with the renewal
37application.
38
(d) The amendments made to this section by the act adding this
39subdivision shall become operative on July 1, 2017.
Section 7347 of the Business and Professions Code is
2amended to read:
begin insert(a)end insertbegin insert end insertAny person, firm, or corporation desiring to operate
4an establishment shall make an application to the bureau for a
5license accompanied by the fee prescribed by this chapter. The
6application shall be required whether the person, firm, or
7corporation is operating a new establishment or obtaining
8ownership of an existing establishment. The application shall
9include a signed acknowledgment that the applicant understands
10that establishments are responsible for compliance with any
11applicable labor laws of the state and that the applicant understands
12the informational materials on basic laborbegin delete lawsend deletebegin insert
laws,end insert as specified
13in Sectionbegin delete 7314.3end deletebegin insert 7314.3,end insert the applicant is provided by the board
14with the application.begin insert
Every electronic application to renew a
15license shall include a signed acknowledgment that the renewal
16applicant understands that establishments are responsible for
17compliance with any applicable labor laws of the state and that
18the applicant understands the informational materials on basic
19labor laws, as specified in Section 7314.3, that the renewal
20applicant is provided by the board with the renewal application.end insert
21 If the applicant is obtaining ownership of an existing establishment,
22the board may establish the fee in an amount less than the fee
23prescribed by this chapter. The applicant, if an individual, or each
24officer, director, and partner, if the applicant is other than an
25individual, shall not have committed acts or crimes which are
26grounds for denial of licensure in effect at the time the new
27application is submitted pursuant to Section 480. A license issued
28pursuant to this section shall
authorize the operation of the
29establishment only at the location for which the license is issued.
30Operation of the establishment at any other location shall be
31unlawful unless a license for the new location has been obtained
32upon compliance with this section, applicable to the issuance of a
33license in the first instance.
34
(b) The amendments made to this section by the act adding this
35subdivision shall become operative on July 1, 2017.
Section 7389 of the Business and Professions Code is
37amended to read:
begin insert(a)end insertbegin insert end insertThe board shall develop or adopt a health and safety
39course on hazardous substances and basic laborbegin delete lawsend deletebegin insert laws,end insert as
40specified in Sectionbegin delete 7314.3end deletebegin insert 7314.3,end insert which shall be taught in schools
P7 1approved by the board. Course development shall include pilot
2testing of the course and training
classes to prepare instructors to
3effectively use the course.
4
(b) The amendments made to this section by the act adding this
5subdivision shall become operative on July 1, 2017.
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95