Amended in Senate March 17, 2016

Senate BillNo. 896


Introduced by Senatorbegin delete Batesend deletebegin insert Nguyenend insert

January 21, 2016


An act tobegin delete amend Section 921 ofend deletebegin insert add Section 7353.5 toend insert the Business and Professions Code, relating tobegin delete healing arts.end deletebegin insert professions and vocations.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 896, as amended, begin deleteBatesend delete begin insertNguyenend insert. begin deleteHealth care professionals. end deletebegin insertBarbering and cosmetology: nail care establishments: credit and debit cards.end insert

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Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices by the State Board of Barbering and Cosmetology. The act requires the licensure of any person, firm, or corporation operating an establishment engaged in a practice regulated by the board, as specified, and requires a licensed establishment to comply with various requirements. A violation of the Barbering and Cosmetology Act is generally a misdemeanor.

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This bill would require an establishment offering nail care services, if it accepts a debit or credit as payment for nail care services, to also accept a debit or credit card for payment of a tip.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law, the Health Care Professional Disaster Response Act, states findings of the Legislature regarding the shortage of qualified health care practitioners during times of national or state disasters, and authorizes a physician and surgeon, whose license has been expired for less than 5 years and who meets specified criteria, to obtain a license without paying fees.

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This bill would make a nonsubstantive change to those findings.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 7353.5 is added to the end insertbegin insertBusiness and
2Professions Code
end insert
begin insert, to read:end insert

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3

begin insert7353.5.end insert  

If an establishment offering nail care services accepts
4a debit or credit card as payment for nail care services, the
5establishment shall also accept a debit or credit card for payment
6of a tip.

end insert
7begin insert

begin insertSEC. 2.end insert  

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begin insert

No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California
15Constitution.

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begin delete16

SECTION 1.  

Section 921 of the Business and Professions Code
17 is amended to read:

18

921.  

(a) The Legislature finds and declares both of the
19following:

20(1) In times of national or state disasters, a shortage of qualified
21health care practitioners may exist in areas throughout the state
22where they are desperately required to respond to public health
23emergencies.

24(2) Health care practitioners with lapsed or inactive licenses
25could potentially serve in those areas where a shortage of qualified
26health care practitioners exists, if licensing requirements were
27streamlined and fees curtailed.

P3    1(b) Therefore, it is the intent of the Legislature to address these
2matters through the Health Care Professional Disaster Response
3Act.

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