BILL ANALYSIS                                                                                                                                                                                                    







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          |Hearing Date:April 20, 2009    |                 Bill No:  SB   |
          |                               |549                             |
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               SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC  
                                     DEVELOPMENT
                        Senator Gloria Negrete McLeod, Chair

                         Bill No:        SB 549Author:Correa
                   As Amended:April 16, 2009          Fiscal: Yes

          
          SUBJECT:   Barbering and cosmetology:  manicurists.
          
          SUMMARY:  Authorizes the Board of Barbering and Cosmetology to  
          collect gender, language and ethnicity data from new licensure  
          applicants and renewal licensees and requires that the  
          information be available to the public upon request.  

          Existing law:

          1)Creates the Board of Barbering and Cosmetology (BBC) within  
            the Department of Consumer Affairs (DCA) for the licensing and  
            regulation of cosmetologists, barbers, estheticians,  
            manicurists, electrologists, instructors and establishments  
            where barbering and cosmetology are practiced. 

          2)Specifies that the practice of cosmetology includes, among  
            other things, the removal of superfluous body hair from a  
            person by the use of depilatories or by the use of tweezers,  
            chemicals, and preparations or by the use of devices or  
            appliances of any kind or description, except by the use of  
            light waves, commonly known as rays.  

          3)Requires the BBC to conduct and administer examinations for  
            licensure applicants, issue licenses to qualified applicants,  
            discipline individuals who have violated the statutes or  
            regulations governing the conditions of their licenses, and  
            adopt rules governing sanitary conditions and precautions to  
            protect the public health and safety in licensed  
            establishments, approved schools, and in the practice of  
            barbering and cosmetology.






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          This bill:

          1)States legislative intent to collect information on gender,  
            language preference and ethnicity of the Board of Barbering  
            and Cosmetology's licensees and collecting the demographic  
            data will help ensure that appropriate health and safety  
            information is effectively provided to licensees.

          2)Requires applicants for BBC licensure to report to the Board,  
            on their initial application for licensure or renewal,  
            information regarding their gender, language preference and  
            ethnicity.

          3)Requires the Board to collect the gender, language preference  
            and ethnicity information from manicurist license applicants,  
            current manicurist licensees, establishment license  
            applicants, and current establishment licensees, and to  
            compile this information and make it available to the public  
            upon request.


          FISCAL EFFECT:  Unknown.  This bill is keyed "fiscal" by  
          Legislative Counsel.  

          COMMENTS:
          
          1.Purpose.  According to the Sponsors, the  Asian Americans for  
            Civil Rights and Equality (AACRE)  and the  California Healthy  
            Nail Salon Collaborative  , current gender, language and  
            ethnicity data for beauty industry employees is insufficient  
            to protect them from the wide array of occupational hazards  
            they face in the course of their work.  Estimates on the  
            number of licensed Vietnamese nail technicians range from  
            40-80%, many of whom are limited English-proficient.  The  
            Sponsors state that most nail salon owners and workers often  
            cite language as the most common barrier they face in  
            accessing workplace health and safety information, and the  
            lack of access to health and safety information in a language  
            workers and owners can understand exacerbates occupational  
            health hazards. 

            As the BBC is not currently required to collect demographic  
            information on its licensees, language preferences are not  
            known for beauty industry employees.  As a result, information  
            may  not  be communicated in a language workers understand. The  
            Sponsors state they believe the collection of the language and  





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            ethnicity data will enable BBC to effectively communicate with  
            the limited English proficient licensee population and allow  
            the BBC to identify language needs, conduct culturally  
            competent outreach and develop effective policy that will  
            better serve the community. 

            The Sponsor asserts that knowing the gender and ethnicity of  
            BBC licensees is critical to understanding occupational health  
            hazards as disease risk often varies across gender and ethnic  
            groups and such information is necessary to understanding  
            whether workplace exposure is linked to any disease.  They  
            believe this measure provides the demographic information  
            required to inform intervention efforts to promote worker  
            health and safety. 

          2.Background.  In 1927, the Board of Barber Examiners and the  
            Board of Cosmetology were established to regulate the  
            barbering profession and cosmetology profession, respectively.  
             Over the years, there have been many changes to the laws of  
            each profession and their respective governing boards.   For  
            example, laws were enacted to require separate licenses for  
            manicurists, electrologists and estheticians, and the  
            regulatory boards have evolved to become the Board of  
            Barbering and Cosmetolgy.

            The BBC currently has approximately 438,000 licensees in seven  
            different licensing categories: cosmetologists, barbers,  
            manicurists (nail care), estheticians (skin care),  
            electrologists (permanent hair removal), apprentices and  
            establishments in which the practice of barbering and  
            cosmetology occurs. 


          3.Senate Office of Research (SOR) Policy Brief.  In December,  
            the SOR issued a policy brief entitled, "Pedicures at What  
            Price?" which examined health and safety issues facing the  
            nail salon workforce.  This paper found that the number of  
            state licensed manicurists has doubled in the last 20 years  
            and has become more diverse.  In 1987, only 10 percent of  
            California's nail technicians were Vietnamese and in 2002, the  
            59 percent of the manicurists were Vietnamese.  The brief  
            states nail salons contribute significantly to the Vietnamese  
            community's economic base because this industry provides  
            immigrants easy access to the workforce.







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            The policy brief also states nail technicians are exposed to  
            numerous toxic chemicals during the course of their work such  
            as solvents, foot spa disinfectants and acrylic nail products.  
             In particular, the following three chemicals are found in  
            nail products that cause the greatest health concerns:


                           Dibutyl phthalate (DBP): a chemical that makes  
                    plastic more durable.


                           Formaldehyde: used as a preservative and nail  
                    hardener


                           Toluene: a solvent


            The United States Environmental Protection Agency's Office of  
            Pollution Prevention and Toxics states those three chemicals  
            are linked to cancer as well as adverse reproductive results.   
            The chemicals are also listed on California's Proposition 65  
            list of chemicals known to cause cancer and reproductive  
            toxicity.  Proposition 65 was passed in 1987, and requires the  
            state to publish and annually update a list of naturally  
            occurring and synthetic chemicals known to cause cancer, birth  
            defects and other reproductive harm.  It also requires  
            businesses to notify Californians when they knowingly expose  
            individuals to a listed chemical.    


            The SOR brief also raised concerns regarding the use of proper  
            ventilation and air quality in nail salons as chemical fumes  
            and vapors from nail care products can cause headaches, an  
            inability to concentrate, dizziness, nausea, eye and throat  
            irritation and fatigue if ventilation is inadequate.  National  
            worksite inspections found that those vapors are well below  
            the regulatory limits for occupational exposure, but that  
            properly designed ventilation systems would minimize the  
            inhalation of fumes and could prevent health problems  
            associated with exposure to nail products.  


            The policy paper also makes a number of recommendations to  
            help mitigate nail salon workers' exposure to hazardous  
            chemicals.  Specifically, it suggests improving air quality  





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            within nail salons, increasing outreach and technical  
            assistance to the cosmetology industry and improving  
            communication to workers by providing translated information  
            about workforce and product in safety in languages they  
            understand.


          1.Related legislation.   SB 43  (Alquist), among other things,  
            permits California's healing arts boards to collect  
            information regarding the cultural and linguistic competency  
            of persons licensed, certified, registered, or otherwise  
            subject to regulation by the boards.  This measure is  
            scheduled to be heard in this Committee on Monday, April 20th.  
             

             SB 620  (Wiggins) requires a licensed osteopathic physician and  
            surgeon (D.O.) to report to the Osteopathic Medical Board of  
            California (OMBC) at the time of license renewal, any  
            specialty board certification and their practice status,  
            allows a D.O. to report, and the OMBC to collect, information  
            regarding his or her cultural background, and foreign language  
            proficiency and specifies that the collected information may  
            be placed on the OMBC's Internet website.  The bill was  
            approved in this Committee on a 8-1 vote on April 13th, and  
            now moves to the Committee on Appropriations for  
            consideration.

             AB 269  (Eng, Chapter 262, Statues of 2007) created new  
            reporting requirements for dentists and dental auxiliaries  
            upon their application for initial licensure and renewal,  
            including reporting their completion of any advanced  
            educational program and their current employment status.  The  
            measure also requires the Dental Board of California and the  
            Committee on Dental Auxiliaries (COMDA) to collect and  
            aggregate information received from dentists and dental  
            auxiliaries pursuant to this bill relating to cultural  
            background and foreign language proficiency.  

             AB 2283  (Oropeza, Chapter 612, Statutes of 2006) requires the  
            Medical Board of California (MBC) to annually aggregate  
            existing data reported by physicians on their cultural  
            background and foreign language proficiency, by the zip code  
            of the primary practice location and on a statewide basis, and  
            report the information on MBC's website.

          





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          SUPPORT AND OPPOSITION:
          
           Support: 

          Asian Americans for Civil Rights and Equality (Co-Sponsor)
          California Healthy Nail Salon Collaborative (Co-Sponsor)

            Opposition:  

           None on file as of April .



          Consultant: Sieglinde Johnson