AB 181: Business and professions.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-02
(1)Existing law provides for the practice of accountancy by the California Board of Accountancy. Existing law, until January 1, 2019, authorizes an individual whose principal place of business is not in this state and who has a valid and current license, certificate, or permit to practice public accountancy from another state to engage in the practice of public accountancy in this state under a practice privilege without obtaining a certificate or license subject to specified requirements. Existing law provides that an accountant whose license was canceled by operation of law, after nonrenewal, as specified, may, upon application to the board and meeting specified requirements, have his or her license placed into a retired status.
This bill would authorize an individual practicing public accountancy in this state under a practice privilege to be styled and known as a certified public accountant and use the abbreviation C.P.A. The bill would prohibit the board from restoring that license in retired status to active or inactive status and instead would require the individual to apply for a new license in order to restore his or her license.
Existing law authorizes the board to issue a certified public accountant (CPA) license to an applicant who holds a valid and unrevoked CPA license in another state, under specified conditions.
This bill would require that an out-of-state applicant hold a current, active, and unrestricted CPA license in order to be issued a CPA license under this provision.
(2)The Professional Engineers Act provides for the regulation and licensure of professional engineers by the Board for Professional Engineers, Land Surveyors, and Geologists. A violation of the licensing provisions of the act is a misdemeanor. Existing law requires all civil engineering plans, calculations, specifications, and reports to be prepared by, or under the responsible charge of, a licensed civil engineer, as specified. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all public school structures to be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all hospitals and other medical facilities having surgery and emergency treatment areas to be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.
This bill would repeal the requirements that all civil engineering plans and other specified documents for construction of public school structures be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. The bill would also repeal the requirements that all civil engineering plans and other specified documents for construction of specified hospital and medical facilities be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.
(3)Existing law establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind, which consists of 7 members appointed by the Governor. Existing law authorizes the board to issue licenses for guide dog training and instructional services. A violation of these licensing provisions is a misdemeanor.
This bill would also include dogs trained and provided for visually impaired persons within these licensing requirements. The bill would change reporting requirements from a calendar year to a fiscal year period and would make technical changes.
(4)The Barbering and Cosmetology Act provides for the licensure and regulation, including inspection, of barbers and cosmetologists by the State Board of Barbering and Cosmetology in the Department of Consumer Affairs. Existing law requires that the board consist of certain members, and authorizes the board to appoint an executive officer. Under existing law, these provisions are repealed on January 1, 2016.
This bill would extend the operation of the board and the executive officer to January 1, 2020.
Existing law also requires the board to conduct specified reviews and reports by various dates in the past.
This bill would delete those requirements and would require the board, no later than November 1, 2018, to conduct specified reviews regarding training and examinations and report its findings to specified committees of the Legislature. The bill would require the board to establish a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers, and to evaluate the protocol every two years to ensure that it remains current. The bill would require 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. The bill would also require the board to issue regulations for a personal service permit, as defined, that, among other things, may require an applicant for a personal service permit to have proof of liability insurance, and would authorize fees for the issuance and renewal of a personal service permit. The bill would require the board to report to the Legislature, on or before July 1, 2017, as specified, regarding the regulatory process and the issuance of personal service permits. The bill would also make technical, nonsubstantive changes to these provisions.
(5)Under the Funeral Directors and Embalmers Law, the Cemetery and Funeral Bureau regulates licensed funeral establishments and requires that they be operated by a licensed funeral director who is required to provide written information regarding funeral goods and services and prices to consumers. Existing law requires a funeral establishment that maintains an Internet Web site to also post that information on its Internet Web site provided by a link from the homepage. A violation of these provisions is a misdemeanor.
This bill would require that the funeral establishments Internet Web site contain specified key words.
(6)Existing law provides for the licensure and regulation of structural pest control operators and registered companies by the Structural Pest Control Board. The California Constitution provides that laborers of every class who have worked upon or have furnished material for a property have a lien upon that property for the value of the labor done and material furnished. The California Constitution requires the Legislature to provide, by law, for the speedy and efficient enforcement of those liens. Existing law requires specified registered companies to provide notice regarding possible liens, as specified, to the owner of property prior to entering into a contract to provide work on that property. A violation of these provisions is a misdemeanor.
This bill would extend the notice requirements to all registered companies.
Existing law requires a structural pest control operator to provide a report detailing the results of an inspection for wood destroying pests or organisms prior to commencing work on a contract or expressing an opinion regarding the presence or absence of wood destroying pests or organisms, to the Structural Pest Control Board, within the Department of Consumer Affairs, as specified. Existing law requires that the pest control operator deliver a copy of the report to the person requesting inspection, or designated agent, within 10 business days of the inspection. Existing law requires a pest control operator to deliver a copy of that report to the owner or the owners agent within 10 working days of an inspection.
This bill would remove the requirement that the pest control operator provide the owner of the property or the owners agent with a copy of the report, unless the owner was the person who requested the inspection.
(7)Existing law creates the California Travel and Tourism Commission and provides for the membership and meetings of the commission.
This bill would specify that all meetings of the commission take place in California and would authorize commissioners to attend meetings of the commission by conference telephone or other technology.
(8)This bill would make various other nonsubstantive changes.
(9)Because this bill would expand the definition of a crime, it would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law provides for the practice of accountancy by the California Board of Accountancy. Existing law, until January 1, 2019, authorizes an individual whose principal place of business is not in this state and who has a valid and current license, certificate, or permit to practice public accountancy from another state to engage in the practice of public accountancy in this state under a practice privilege without obtaining a certificate or license subject to specified requirements. Existing law provides that an accountant whose license was canceled by operation of law, after nonrenewal, as specified, may, upon application to the board and meeting specified requirements, have his or her license placed into a retired status.
This bill would authorize an individual practicing public accountancy in this state under a practice privilege to be styled and known as a certified public accountant and use the abbreviation C.P.A. The bill would prohibit the board from restoring that license in retired status to active or inactive status and instead would require the individual to apply for a new license in order to restore his or her license.
Existing law authorizes the board to issue a certified public accountant (CPA) license to an applicant who holds a valid and unrevoked CPA license in another state, under specified conditions.
This bill would require that an out-of-state applicant hold a current, active, and unrestricted CPA license in order to be issued a CPA license under this provision.
(2)The Professional Engineers Act provides for the regulation and licensure of professional engineers by the Board for Professional Engineers, Land Surveyors, and Geologists. A violation of the licensing provisions of the act is a misdemeanor. Existing law requires all civil engineering plans, calculations, specifications, and reports to be prepared by, or under the responsible charge of, a licensed civil engineer, as specified. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all public school structures to be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all hospitals and other medical facilities having surgery and emergency treatment areas to be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.
This bill would repeal the requirements that all civil engineering plans and other specified documents for construction of public school structures be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. The bill would also repeal the requirements that all civil engineering plans and other specified documents for construction of specified hospital and medical facilities be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.
(3)Existing law establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind, which consists of 7 members appointed by the Governor. Existing law authorizes the board to issue licenses for guide dog training and instructional services. A violation of these licensing provisions is a misdemeanor.
This bill would also include dogs trained and provided for visually impaired persons within these licensing requirements. The bill would change reporting requirements from a calendar year to a fiscal year period and would make technical changes.
(4)The Barbering and Cosmetology Act provides for the licensure and regulation, including inspection, of barbers and cosmetologists by the State Board of Barbering and Cosmetology in the Department of Consumer Affairs. Existing law requires that the board consist of certain members, and authorizes the board to appoint an executive officer. Under existing law, these provisions are repealed on January 1, 2016.
This bill would extend the operation of the board and the executive officer to January 1, 2020.
Existing law also requires the board to conduct specified reviews and reports by various dates in the past.
This bill would delete those requirements and would require the board, no later than November 1, 2018, to conduct specified reviews regarding training and examinations and report its findings to specified committees of the Legislature. The bill would require the board to establish a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers, and to evaluate the protocol every two years to ensure that it remains current. The bill would require 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. The bill would also require the board to issue regulations for a personal service permit, as defined, that, among other things, may require an applicant for a personal service permit to have proof of liability insurance, and would authorize fees for the issuance and renewal of a personal service permit. The bill would require the board to report to the Legislature, on or before July 1, 2017, as specified, regarding the regulatory process and the issuance of personal service permits. The bill would also make technical, nonsubstantive changes to these provisions.
(5)Under the Funeral Directors and Embalmers Law, the Cemetery and Funeral Bureau regulates licensed funeral establishments and requires that they be operated by a licensed funeral director who is required to provide written information regarding funeral goods and services and prices to consumers. Existing law requires a funeral establishment that maintains an Internet Web site to also post that information on its Internet Web site provided by a link from the homepage. A violation of these provisions is a misdemeanor.
This bill would require that the funeral establishments Internet Web site contain specified key words.
(6)Existing law provides for the licensure and regulation of structural pest control operators and registered companies by the Structural Pest Control Board. The California Constitution provides that laborers of every class who have worked upon or have furnished material for a property have a lien upon that property for the value of the labor done and material furnished. The California Constitution requires the Legislature to provide, by law, for the speedy and efficient enforcement of those liens. Existing law requires specified registered companies to provide notice regarding possible liens, as specified, to the owner of property prior to entering into a contract to provide work on that property. A violation of these provisions is a misdemeanor.
This bill would extend the notice requirements to all registered companies.
Existing law requires a structural pest control operator to provide a report detailing the results of an inspection for wood destroying pests or organisms prior to commencing work on a contract or expressing an opinion regarding the presence or absence of wood destroying pests or organisms, to the Structural Pest Control Board, within the Department of Consumer Affairs, as specified. Existing law requires that the pest control operator deliver a copy of the report to the person requesting inspection, or designated agent, within 10 business days of the inspection. Existing law requires a pest control operator to deliver a copy of that report to the owner or the owners agent within 10 working days of an inspection.
This bill would remove the requirement that the pest control operator provide the owner of the property or the owners agent with a copy of the report, unless the owner was the person who requested the inspection.
(7)Existing law creates the California Travel and Tourism Commission and provides for the membership and meetings of the commission.
This bill would specify that all meetings of the commission take place in California and would authorize commissioners to attend meetings of the commission by conference telephone or other technology.
(8)This bill would make various other nonsubstantive changes.
(9)Because this bill would expand the definition of a crime, it would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
The
(1)Existing law provides for the practice of accountancy by the California Board of Accountancy. Existing law, until January 1, 2019, authorizes an individual whose principal place of business is not in this state and who has a valid and current license, certificate, or permit to practice public accountancy from another state to engage in the practice of public accountancy in this state under a practice privilege without obtaining a certificate or license subject to specified requirements. Existing law provides that an accountant whose license was canceled by operation of law, after nonrenewal, as specified, may, upon application to the board and meeting specified requirements, have his or her license placed into a retired status.
This bill would authorize an individual practicing public accountancy in this state under a practice privilege to be styled and known as a certified public accountant and use the abbreviation C.P.A. The bill would prohibit the board from restoring that license in retired status to active or inactive status and instead would require the individual to apply for a new license in order to restore his or her license.
Existing law authorizes the board to issue a certified public accountant (CPA) license to an applicant who holds a valid and unrevoked CPA license in another state, under specified conditions.
This bill would require that an out-of-state applicant hold a current, active, and unrestricted CPA license in order to be issued a CPA license under this provision.
(2)The Professional Engineers Act provides for the regulation and licensure of professional engineers by the Board for Professional Engineers, Land Surveyors, and Geologists. A violation of the licensing provisions of the act is a misdemeanor. Existing law requires all civil engineering plans, calculations, specifications, and reports to be prepared by, or under the responsible charge of, a licensed civil engineer, as specified. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all public school structures to be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. Existing law requires all civil engineering plans, calculations, specifications, and reports for the construction of all hospitals and other medical facilities having surgery and emergency treatment areas to be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.
This bill would repeal the requirements that all civil engineering plans and other specified documents for construction of public school structures be prepared by, or under the responsible charge of, a licensed architect or a licensed civil engineer who is also licensed as a structural engineer. The bill would also repeal the requirements that all civil engineering plans and other specified documents for construction of specified hospital and medical facilities be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer.
(3)Existing law establishes within the Department of Consumer Affairs a State Board of Guide Dogs for the Blind, which consists of 7 members appointed by the Governor. Existing law authorizes the board to issue licenses for guide dog training and instructional services. A violation of these licensing provisions is a misdemeanor.
This bill would also include dogs trained and provided for visually impaired persons within these licensing requirements. The bill would change reporting requirements from a calendar year to a fiscal year period and would make technical changes.
(4)The Barbering and Cosmetology Act provides for the licensure and regulation, including inspection, of barbers and cosmetologists by the State Board of Barbering and Cosmetology in the Department of Consumer Affairs. Existing law requires that the board consist of certain members, and authorizes the board to appoint an executive officer. Under existing law, these provisions are repealed on January 1, 2016.
This bill would extend the operation of the board and the executive officer to January 1, 2020.
Existing law also requires the board to conduct specified reviews and reports by various dates in the past.
This bill would delete those requirements and would require the board, no later than November 1, 2018, to conduct specified reviews regarding training and examinations and report its findings to specified committees of the Legislature. The bill would require the board to establish a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers, and to evaluate the protocol every two years to ensure that it remains current. The bill would require 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. The bill would also require the board to issue regulations for a personal service permit, as defined, that, among other things, may require an applicant for a personal service permit to have proof of liability insurance, and would authorize fees for the issuance and renewal of a personal service permit. The bill would require the board to report to the Legislature, on or before July 1, 2017, as specified, regarding the regulatory process and the issuance of personal service permits. The bill would also make technical, nonsubstantive changes to these provisions.
(5)Under the Funeral Directors and Embalmers Law, the Cemetery and Funeral Bureau regulates licensed funeral establishments and requires that they be operated by a licensed funeral director who is required to provide written information regarding funeral goods and services and prices to consumers. Existing law requires a funeral establishment that maintains an Internet Web site to also post that information on its Internet Web site provided by a link from the homepage. A violation of these provisions is a misdemeanor.
This bill would require that the funeral establishments Internet Web site contain specified key words.
(6)Existing law provides for the licensure and regulation of structural pest control operators and registered companies by the Structural Pest Control Board. The California Constitution provides that laborers of every class who have worked upon or have furnished material for a property have a lien upon that property for the value of the labor done and material furnished. The California Constitution requires the Legislature to provide, by law, for the speedy and efficient enforcement of those liens. Existing law requires specified registered companies to provide notice regarding possible liens, as specified, to the owner of property prior to entering into a contract to provide work on that property. A violation of these provisions is a misdemeanor.
This bill would extend the notice requirements to all registered companies.
Existing law requires a structural pest control operator to provide a report detailing the results of an inspection for wood destroying pests or organisms prior to commencing work on a contract or expressing an opinion regarding the presence or absence of wood destroying pests or organisms, to the Structural Pest Control Board, within the Department of Consumer Affairs, as specified. Existing law requires that the pest control operator deliver a copy of the report to the person requesting inspection, or designated agent, within 10 business days of the inspection. Existing law requires a pest control operator to deliver a copy of that report to the owner or the owners agent within 10 working days of an inspection.
This bill would remove the requirement that the pest control operator provide the owner of the property or the owners agent with a copy of the report, unless the owner was the person who requested the inspection.
(7)Existing law creates the California Travel and Tourism Commission and provides for the membership and meetings of the commission.
This bill would specify that all meetings of the commission take place in California and would authorize commissioners to attend meetings of the commission by conference telephone or other technology.
(8)This bill would make various other nonsubstantive changes.
(9)Because this bill would expand the definition of a crime, it would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Barbering and Cosmetology Act provides for the licensure and regulation, including inspection, of barbers and cosmetologists by the State Board of Barbering and Cosmetology in the Department of Consumer Affairs. Existing law requires that the board consist of certain members, and authorizes the board to appoint an executive officer. Under existing law, these provisions are repealed on January 1, 2016.
This bill would extend the operation of these provisions until the board and the executive officer to January 1, 2020.
Existing law also requires the board to conduct specified reviews and reports by various dates in the past.
This bill would delete those requirements and would require the board, no later than November 1, 2018, to conduct specified reviews regarding training and examinations and report its findings to specified committees of the Legislature. The bill would require the board to establish a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers, and to evaluate the protocol every two years to ensure that it remains current. The bill would require 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. The bill would also require the board to issue regulations for a personal service permit, as defined, that, among other things, may require an applicant for a personal service permit to have proof of liability insurance, and would authorize fees for the issuance and renewal of a personal service permit. The bill would require the board to report to the Legislature, on or before July 1, 2017, as specified, regarding the regulatory process and the issuance of personal service permits. The bill would also make technical, nonsubstantive changes to these provisions.
The Barbering and Cosmetology Act provides for the licensure and regulation, including inspection, of barbers and cosmetologists by the State Board of Barbering and Cosmetology in the Department of Consumer Affairs. Existing law requires that the board consist of certain members, and authorizes the board to appoint an executive officer. Under existing law, these provisions are repealed on January 1, 2016.
This bill would extend the operation of these provisions until January 1, 2020.
Existing law also requires the board to conduct specified reviews and reports by various dates in the past.
This bill would delete those requirements and would require the board, no later than November 1, 2018, to conduct specified reviews regarding training and examinations and report its findings to specified committees of the Legislature. The bill would require the board to adopt regulations that establish a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers. barriers, and to evaluate the protocol every two years to ensure that it remains current. The bill would require 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. The bill would also require the board to issue regulations for a personal service permit, as defined, that, among other things, may require an applicant for a personal service permit to have proof of liability insurance, and would authorize fees for the issuance and renewal of a personal service permit. The bill would require the board to report to the Legislature, on or before July 1, 2017, as specified, regarding the regulatory process and the issuance of personal service permits. The bill would also make technical, nonsubstantive changes to these provisions.
The Barbering and Cosmetology Act provides for the licensure and regulation regulation, including inspection, of barbers and cosmetologists by the State Board of Barbering and Cosmetology in the Department of Consumer Affairs. Existing law requires that the board consist of certain members, and authorizes the board to appoint an executive officer. Under existing law, these provisions are repealed on January 1, 2016.
This bill would extend the operation of these provisions until January 1, 2020.
Existing law also requires the board to conduct specified reviews and reports by various dates in the past.
This bill would delete those requirements and would require the board, no later than November 1, 2018, to conduct specified reviews regarding training and examinations and report its findings to specified committees of the Legislature. The bill would require the board to adopt regulations that establish a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers. The bill would require 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. The bill would also make technical, nonsubstantive changes to these provisions.
The Barbering and Cosmetology Act provides for the licensure and regulation of barbers and cosmetologists by the State Board of Barbering and Cosmetology in the Department of Consumer Affairs. Existing law requires that the board consist of certain members, and authorizes the board to appoint an executive officer. Under existing law, these provisions are repealed on January 1, 2016.
This bill would extend the operation of these provisions until January 1, 2020.
Any person who has received from the board a certificate of certified public accountant, or who is authorized to practice public accountancy in this state pursuant to Article 5.1 (commencing with Section 5096), may, subject to Section 5051, be styled and known as a certified public accountant and may also use the abbreviation C.P.A. No other person, except a firm registered under this chapter, shall assume or use that title, designation, or abbreviation or any other title, designation, sign, card, or device tending to indicate that the person using it is a certified public accountant.
SEC. 2.Section 5070.1 of the Business and Professions Code is amended to read:5070.1.(a)The board may establish, by regulation, a system for the placement of a license into a retired status, upon application, for certified public accountants and public accountants who are not actively engaged in the practice of public accountancy or any activity that requires them to be licensed by the board.
(b)No licensee with a license in a retired status shall engage in any activity for which a permit is required.
(c)The board shall deny an applicants application to place a license in a retired status if the permit is subject to an outstanding order of the board, is suspended, revoked, or otherwise punitively restricted by the board, or is subject to disciplinary action under this chapter.
(d)(1)The holder of a license that was canceled pursuant to Section 5070.7 may apply for the placement of that license in a retired status pursuant to subdivision (a).
(2)Upon approval of an application made pursuant to paragraph (1), the board shall reissue that license in a retired status.
(3)The holder of a canceled license that was placed in retired status between January 1, 1994, and January 1, 1999, inclusive, shall not be required to meet the qualifications established pursuant to subdivision (e), but shall be subject to all other requirements of this section.
(e)The board shall establish minimum qualifications to place a license in retired status.
(f)The board may exempt the holder of a license in a retired status from the renewal requirements described in Section 5070.5.
(g)The board shall establish minimum qualifications for the restoration of a license in a retired status to an active status. These minimum qualifications shall include, but are not limited to, continuing education and payment of a fee as provided in subdivision (h) of Section 5134.
(h)The board shall not restore to active or inactive status a license that was canceled by operation of law, pursuant to subdivision (a) of Section 5070.7, and then placed into retired status pursuant to subdivision (d). The individual shall instead apply for a new license, as described in subdivision (c) of Section 5070.7, in order to restore his or her license.
SEC. 3.Section 5087 of the Business and Professions Code is amended to read:5087.(a)The board may issue a certified public accountant license to any applicant who is a holder of a current, active, and unrestricted certified public accountant license issued under the laws of any state, if the board determines that the standards under which the applicant received the license are substantially equivalent to the standards of education, examination, and experience established under this chapter and the applicant has not committed acts or crimes constituting grounds for denial under Section 480. To be authorized to sign reports on attest engagements, the applicant shall meet the requirements of Section 5095.
(b)The board may in particular cases waive any of the requirements regarding the circumstances in which the various parts of the examination were to be passed for an applicant from another state.
SEC. 4.Section 6735 of the Business and Professions Code is amended to read:6735.(a)All civil (including structural and geotechnical) engineering plans, calculations, specifications, and reports (hereinafter referred to as documents) shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as preliminary, not for construction, for plan check only, or for review only. All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. If civil engineering plans are required to be signed and sealed or stamped and have multiple sheets, the signature, seal or stamp, and date of signing and sealing or stamping shall appear on each sheet of the plans. If civil engineering specifications, calculations, and reports are required to be signed and sealed or stamped and have multiple pages, the signature, seal or stamp, and date of signing and sealing or stamping shall appear at a minimum on the title sheet, cover sheet, or signature sheet.
(b)Notwithstanding subdivision (a), a licensed civil engineer who signs civil engineering documents shall not be responsible for damage caused by subsequent changes to or uses of those documents, if the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the licensed civil engineer who originally signed the documents, provided that the engineering service rendered by the civil engineer who signed the documents was not also a proximate cause of the damage.
SEC. 5.Section 7083 of the Business and Professions Code is amended to read:7083.(a) Notwithstanding any other law, licensees shall notify the registrar, on a form prescribed by the registrar, in writing within 90 days of any change to information recorded under this chapter. This notification requirement shall include, but not be limited to, changes in business address, personnel, business name, qualifying individual bond exemption pursuant to Section 7071.9, or exemption to qualify multiple licenses pursuant to Section 7068.1.
(b)Failure of the licensee to notify the registrar of any change to information within 90 days shall cause the change to be effective the date the written notification is received at the boards headquarters office.
(c)Failure to notify the registrar of the changes within the 90 days is grounds for disciplinary action.
SEC. 6.Section 7200 of the Business and Professions Code is amended to read:7200.(a)There is in the Department of Consumer Affairs a State Board of Guide Dogs for the Blind in whom enforcement of this chapter is vested. The board shall consist of seven members appointed by the Governor. One member shall be the Director of Rehabilitation or his or her designated representative. The remaining members shall be persons who have shown a particular interest in dealing with the problems of persons who are blind or visually impaired and at least two of them shall be persons who are blind or visually impaired who use guide dogs.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 7.Section 7200.5 of the Business and Professions Code is amended to read:7200.5.The board shall have exclusive authority in this state to issue licenses for the instruction of persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by persons who are blind or visually impaired. It shall also have exclusive authority in this state to issue licenses to operate schools for the training of guide dogs and the instruction of persons who are blind or visually impaired in the use of guide dogs.
SEC. 8.Section 7200.7 of the Business and Professions Code is amended to read:7200.7.A fee equal to no more than 0.005 of all school expenses incurred in the most recently concluded school fiscal year, as specified in the audit required under Section 7217, shall be paid no later than April 30 of each year for renewal of a schools license pursuant to Section 7200.5. The board shall, by regulation, define the exact amount of the fee. All fees collected pursuant to this section shall be deposited into the Guide Dogs for the Blind Fund, which is hereby created.
SEC. 9.Section 7201 of the Business and Professions Code is amended to read:7201.No person shall be eligible to membership in the board who is a stockholder in, or an owner of, or financially interested directly or indirectly, in any company, organization, or concern supplying, delivering, or furnishing any guide dogs for use by persons who are blind or visually impaired.
SEC. 10.Section 7202 of the Business and Professions Code is amended to read:7202.Each of the appointed members of the board shall hold office for a term of four years and until his or her successor is appointed and qualified or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. No person shall serve as an appointed member of the board for more than two consecutive terms.
SEC. 11.Section 7208 of the Business and Professions Code is amended to read:7208.Pursuant to the provisions of the Administrative Procedure Act the board may make such rules and regulations as are reasonably necessary to:
(a)Govern the procedure of the board.
(b)Govern the admission of applicants for examination for license to instruct persons who are blind or visually impaired in the use of guide dogs or to engage in the business of training, selling, hiring, or being in the business of supplying guide dogs for persons who are blind or visually impaired.
(c)Govern the operation of schools which furnish guide dogs and train persons who are blind or visually impaired to use guide dogs.
(d)The reissuance of licenses.
(e)The reexamination of licensees.
SEC. 12.Section 7209 of the Business and Professions Code is amended to read:7209.A person to be eligible for examination as an instructor must (a) have a knowledge of the special problems of persons who are blind or visually impaired and how to teach them, (b) be able to demonstrate by actual blindfold test under traffic conditions his or her ability to train guide dogs with whom persons who are blind or visually impaired would be safe, (c) be suited temperamentally and otherwise to instruct persons who are blind or visually impaired in the use of guide dogs, and (d) have had at least three years actual experience, comprising such number of hours as the board may require, as an instructor, and have handled 22 person-dog units; or its equivalent, as determined by the board, as an apprentice under a licensed instructor or under an instructor in a school satisfactory to the board.
SEC. 13.Section 7209.5 of the Business and Professions Code is amended to read:7209.5.Except as the context otherwise requires, as used in this chapter the term instructor means a person who instructs persons who are blind or visually impaired in the use of guide dogs or who engages in the business of training, selling, hiring, or supplying guide dogs for persons who are blind or visually impaired.
SEC. 14.Section 7210.5 of the Business and Professions Code is amended to read:7210.5.It is unlawful to solicit funds for any person purporting to provide guide dogs for persons who are blind or visually impaired in this state unless the person for whose benefit the solicitation is made holds a valid and unimpaired license issued by the State Board of Guide Dogs for the Blind.
As used in this section person means an individual, firm, partnership, association, corporation, limited liability company, or cooperative association.
SEC. 15.Section 7211.1 of the Business and Professions Code is amended to read:7211.1.(a)As a condition of renewal of an instructors license, the instructor shall provide proof of completion of not less than 8 hours of continuing education. The board shall determine the form of proof.
(b)Continuing education shall meet the criteria specified in Section 166, and shall be in one or more of the following subject matter areas:
(1)Blindness and mobility.
(2)Health issues relating to blindness.
(3)Instructing persons who are blind or visually impaired.
(4)Care and training of dogs.
SEC. 16.Section 7211.2 of the Business and Professions Code is amended to read:7211.2.A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
SEC. 17.Section 7215 of the Business and Professions Code is amended to read:7215.No person shall sell, give, or furnish any guide dog to a person who is blind or visually impaired unless the following requirements have been met:
(a)The dog has been immunized against distemper and rabies.
(b)The dog has been spayed or neutered.
(c)The dog has been examined by a licensed veterinarian and found to be in good health.
A certificate from a veterinarian certifying to the foregoing shall be delivered to the recipient of the dog at the time the dog is assigned to a client.
SEC. 18.Section 7215.5 of the Business and Professions Code is amended to read:7215.5.(a)During the first year following the successful training of each person-dog unit, and release from a guide dog training school of the trained person supplied with a guide dog, the school may retain title to the trained dog. During this probationary year, the school may enter into a contractual agreement with the user of the dog describing the conditions under which the user may maintain the status of legal custodian of the dog. During the probationary year, the school, acting in what it deems to be the best interest of the user, the dog, or the public, may temporarily or permanently resume possession of the dog.
(b)Within 15 days after the end of each fiscal year, each licensed school shall report to the board the following:
(1)The number of dog ownership titles transferred to dog users pursuant to this section during the calendar year.
(2)The number of title recoveries and repossessions made by the school pursuant to this section during the calendar year.
(3)The number, type, and amount of charges assessed for followup training, instruction, veterinary, or boarding services, pursuant to this section, which make a distinction between users who have acquired title to their dogs and users who have not acquired title.
(4)The views of the governing entity of the school as to any problems or concerns relative to compliance with the provisions of this section, along with recommendations for appropriate legislative or administrative changes commensurate with the purposes of this section.
(c)Immediately upon completion of the first year following the successful training referred to above, if the training school and the dog user are mutually satisfied with the operation of the person-dog unit, title to the dog shall be transferred to the user who is blind or visually impaired if the user so desires. Transfer of title shall be evidenced by a transfer of title agreement executed by both parties thereto. The school may retain an option to recover title and possession to the guide dog subject to conditions described in the transfer of title agreement. These conditions may include, but are not limited to, the following:
(1)If in the schools opinion, the guide dog is being misused or neglected or mistreated by its user who is blind or visually impaired.
(2)If the user to whom the dog was furnished has ceased to use the dog as a guide and the dog is not too old to be retrained as a guide for another person who is blind or visually impaired.
(3)If, in the schools opinion, the dog is no longer a safe guide and the user refuses to cease using the dog as a guide after being requested by the school to cease this use.
(d)The guide dog school shall make no distinction as to the quality or extent of followup or supportive services available to its blind graduates based on whether they elect to acquire title to their dogs or allow title to remain with the school after the probationary year. The school may, however, make this distinction when assessing reasonable and appropriate charges for followup training, instruction, veterinary, or boarding services.
(e)No applicant for admission to a guide dog training school, nor any enrolled student, shall be required by the school prior to completion of his or her training to sign any instrument or to announce his or her intention regarding transfer of title of the dog from the school to himself or herself upon completion of the training and probation period.
SEC. 19.Section 7217 of the Business and Professions Code is amended to read:7217.(a)Within 60 days after the termination of the fiscal year of a school, there shall be furnished to the board the following:
(1)A list of students accepted for training and those who have completed training.
(2)A list of the number of dogs trained.
(b)Within 90 days after the end of a fiscal year, there shall be furnished to the board an independent audit of the schools finances by a certified public accountant licensed by this state.
SEC. 20.Section 7303 of the Business and Professions Code is amended to read:7303.(a)Notwithstanding Article 8 (commencing with Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, there is in the Department of Consumer Affairs the State Board of Barbering and Cosmetology in which the administration of this chapter is vested.
(b)The board shall consist of nine members. Five members shall be public members, and four members shall represent the professions. The Governor shall appoint three of the public members and the four professional members. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one public member. Members of the board shall be appointed for a term of four years, except that of the members appointed by the Governor, two of the public members and two of the professions members shall be appointed for an initial term of two years. No board member may serve longer than two consecutive terms.
(c)The board may appoint an executive officer who is exempt from civil service. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. The appointment of the executive officer is subject to the approval of the director. In the event that a newly authorized board replaces an existing or previous bureau, the director may appoint an interim executive officer for the board who shall serve temporarily until the new board appoints a permanent executive officer.
(d)The executive officer shall provide examiners, inspectors, and other personnel necessary to carry out the provisions of this chapter.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 21.Section 7303.2 of the Business and Professions Code is amended to read:7303.2.The board shall conduct the following reviews, and shall report its findings and recommendations to the Assembly Committee on Business and Professions and the Senate Committee on Business, Professions, and Economic Development no later than November 1, 2018:
(a)The board, pursuant to Section 139, shall review the 1,600-hour training requirement for cosmetologists, conduct an occupational analysis of the cosmetology profession in California, and conduct a review of the national written examination for cosmetologists and of the practical examination, in order to evaluate whether both examinations assess critical competencies for California cosmetologists and meet professional testing standards.
(b)The board shall review the Spanish language examination if, by January 1, 2016, the pass rate for Spanish speakers did not increase to the average pass rate for all other language examinations during the two-year period prior to January 1, 2016.
SEC. 22.Section 7304 of the Business and Professions Code is repealed.SEC. 23.Section 7308 of the Business and Professions Code is repealed.SEC. 24.Section 7313 of the Business and Professions Code is amended to read:7313.(a)(1)To ensure compliance with the laws and regulations of this chapter, the boards executive officer and authorized representatives shall, except as provided by Section 159.5, have access to, and shall inspect, any establishment or mobile unit during business hours or at any time in which barbering, cosmetology, or electrolysis are being performed. It is the intent of the Legislature that inspections be conducted on Saturdays and Sundays as well as weekdays, if collective bargaining agreements and civil service provisions permit.
(2)The board shall maintain a program of random and targeted inspections of establishments to ensure compliance with applicable laws relating to the public health and safety and the conduct and operation of establishments. The board or its authorized representatives shall inspect establishments to reasonably determine compliance levels and to identify market conditions that require targeted enforcement. The board shall not reduce the number of employees assigned to perform random inspections, targeted inspections, and investigations relating to field operations below the level funded by the annual Budget Act and described in supporting budget documents, and shall not redirect funds or personnel-years allocated to those inspection and investigation purposes to other purposes.
(b)To ensure compliance with health and safety requirements adopted by the board, the executive officer and authorized representatives shall, except as provided in Section 159.5, have access to, and shall inspect the premises of, all schools in which the practice of barbering, cosmetology, or electrolysis is performed on the public. Notices of violation shall be issued to schools for violations of regulations governing conditions related to the health and safety of patrons. Each notice shall specify the section violated and a timespan within which the violation must be corrected. A copy of the notice of violation shall be provided to the Bureau for Private Postsecondary Education.
(c)With prior written authorization from the board or its executive officer, any member of the board may enter and visit, in his or her capacity as a board member, any establishment, during business hours or at any time when barbering, cosmetology, or electrolysis is being performed. The visitation by a board member shall be for the purpose of conducting official board business, but shall not be used as a basis for any licensing disciplinary action by the board.
(d)The board shall adopt a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers. The board shall evaluate the protocol every two years to ensure the protocol remains current.
SEC. 25.Section 7314.3 is added to the Business and Professions Code, 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.
SEC. 26.Section 7395.1 of the Business and Professions Code is amended to read:7395.1.(a)A student who is enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary Education in a course approved by the board may, upon completion of a minimum of 60 percent of the clock hours required for graduation in the course, work as an unpaid extern in a cosmetology establishment participating in the educational program of the school of cosmetology.
(b)A person working as an extern shall receive clock hour credit toward graduation, but that credit shall not exceed eight hours per week and shall not exceed 10 percent of the total clock hours required for completion of the course.
(c)The externship program shall be conducted in cosmetology establishments meeting all of the following criteria:
(1)The establishment is licensed by the board.
(2)The establishment has a minimum of four licensees working at the establishment, including employees and owners or managers.
(3)All licensees at the establishment are in good standing with the board.
(4)Licensees working at the establishment work for salaries or commissions rather than on a space rental basis.
(5)No more than one extern shall work in an establishment for every four licensees working in the establishment. No regularly employed licensee shall be displaced or have his or her work hours reduced or altered to accommodate the placement of an extern in an establishment. Prior to placement of the extern, the establishment shall agree in writing sent to the school and to all affected licensees that no reduction or alteration of any licensees current work schedule shall occur. This shall not prevent a licensee from voluntarily reducing or altering his or her work schedule.
(6)Externs shall wear conspicuous school identification at all times while working in the establishment, and shall carry a school laminated identification, that includes a picture, in a form approved by the board.
(d)(1)No less than 90 percent of the responsibilities and duties of the extern shall consist of the acts included within the practice of cosmetology as defined in Section 7316.
(2)The establishment shall consult with the assigning school regarding the externs progress during the unpaid externship. The owner or manager of the establishment shall monitor and report on the students progress to the school on a regular basis, with assistance from supervising licensees.
(3)A participating school shall assess the externs learning outcome from the externship program. The school shall maintain accurate records of the externs educational experience in the externship program and records that indicate how the externs learning outcome translates into course credit.
(e)Participation in an externship program made available by a school shall be voluntary, may be terminated by the student at any time, and shall not be a prerequisite for graduation.
(f)The cosmetology establishment that chooses to utilize the extern is liable for the externs general liability insurance, as well as cosmetology malpractice liability insurance, and shall furnish proof to the participating school that the establishment is covered by both forms of liability insurance and that the extern is covered under that insurance.
(g)(1)It is the purpose of the externship program authorized by this section to provide students with skills, knowledge, and attitudes necessary to acquire employment in the field for which they are being trained, and to extend formalized classroom instruction.
(2)Instruction shall be based on skills, knowledge, attitudes, and performance levels in the area of cosmetology for which the instruction is conducted.
(3)An extern may perform only acts listed within the definition of the practice of cosmetology as provided in Section 7316, if a licensee directly supervises those acts, except that an extern may not use or apply chemical treatments unless the extern has received appropriate training in application of those treatments from an approved cosmetology school. An extern may work on a paying client only in an assisting capacity and only with the direct and immediate supervision of a licensee.
(4)The extern shall not perform any work in a manner that would violate law.
SEC. 27.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 7347 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.
SEC. 28.Section 7402.5 is added to the Business and Professions Code, to read:7402.5.(a)For purposes of this section, a personal service permit means a permit that authorizes an individual to perform services, for which he or she holds a license pursuant to this chapter, outside of an establishment, as defined in Section 7346, in accordance with the regulations established by the board.
(b)The board may issue a personal service permit to an individual who meets the criteria for a personal service permit set forth in regulation.
(c)The board shall issue regulations regarding a personal service permit. In establishing the regulations, the board shall hold, at a minimum, two stakeholder meetings.
(1)The board shall determine the appropriate licensing categories that may apply for a personal service permit in order to protect consumer safety.
(2)The board shall authorize a personal service permit holder to perform services outside of a licensed establishment.
(3)The board shall not exempt a personal service permit holder from any of the boards existing regulations or requirements on health and safety.
(4)The board shall not require a personal service permit holder to be employed by an establishment, unless the board determines that it would be necessary in order to maintain consumer safety.
(5)The regulations may require an applicant for a personal service permit to have proof of liability insurance and to pass a criminal background clearance.
(d)A personal service permit shall be valid for two years and shall be renewed prior to expiration. The fee for a personal service permit shall be no greater than fifty dollars ($50). The fee for the renewal of a personal service permit shall be no greater than fifty dollars ($50). The delinquency fee shall be 50 percent of the renewal fee in effect on the date of the renewal.
(e)The board shall report on the progress of the regulatory process and issuance of personal service permits to the Legislature on or before July 1, 2017.
(1)The report shall be submitted in compliance with Section 9795 of the Government Code.
(2)The requirement to report to the Legislature under this subdivision is inoperative on July 1, 2021, pursuant to Section 10231.5 of the Government Code.
SEC. 29.Section 7404 of the Business and Professions Code is amended to read:7404.The grounds for disciplinary action are as follows:
(a)Unprofessional conduct which includes, but is not limited to, any of the following:
(1)Incompetence or gross negligence, including failure to comply with generally accepted standards for the practice of barbering, cosmetology, or electrology or disregard for the health and safety of patrons.
(2)Repeated similar negligent acts.
(3)Conviction of any crime substantially related to the qualifications, functions, or duties of the licenseholder, in which case, the records of conviction or a certified copy shall be conclusive evidence thereof.
(4)Advertising by means of knowingly false or deceptive statements.
(b)Failure to comply with the requirements of this chapter.
(c)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 establishments, or any practice licensed and regulated under this chapter.
(d)Failure to comply with the rules adopted by the board for the regulation of establishments, or any practice licensed and regulated under this chapter.
(e)Continued practice by a person knowingly having an infectious or contagious disease.
(f)Habitual drunkenness, habitual use of or addiction to the use of any controlled substance.
(g)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.
(h)Failure to display the license or health and safety rules and regulations in a conspicuous place.
(i)Engaging, outside of a licensed establishment and for compensation in any form whatever, in any practice for which a license is required under this chapter, except that when the service is provided because of illness or other physical or mental incapacitation of the recipient of the service and when performed by a licensee obtained for the purpose from a licensed establishment.
(j)Permitting a license to be used where the holder is not personally, actively, and continuously engaged in business.
(k)The making of any false statement as to a material matter in any oath or affidavit, which is required by the provisions of this chapter.
(l)Refusal to permit or interference with an inspection authorized under this chapter.
(m)Any action or conduct which would have warranted the denial of a license.
(n)Failure to surrender a license that was issued in error or by mistake.
SEC. 30.Section 7407 of the Business and Professions Code is amended to read:7407.The board shall establish by regulation a schedule of administrative fines for violations of this chapter. All moneys collected under this section shall be deposited in the boards contingent fund.
The schedule shall indicate for each type of violation whether, in the boards discretion, the violation can be corrected. The board shall ensure that it and the Bureau for Private Postsecondary Education do not issue citations for the same violation.
SEC. 31.Section 7685 of the Business and Professions Code is amended to read:7685.(a)(1)Every funeral director shall provide to any person, upon beginning discussion of prices or of the funeral goods and services offered, a written or printed list containing, but not necessarily limited to, the price for professional services offered, which may include the funeral directors services, the preparation of the body, the use of facilities, and the use of automotive equipment. All services included in this price or prices shall be enumerated. The funeral director shall also provide a statement on that list that gives the price range for all caskets offered for sale.
(2)The list shall also include a statement indicating that the survivor of the deceased who is handling the funeral arrangements, or the responsible party, is entitled to receive, prior to the drafting of any contract, a copy of any preneed agreement that has been signed and paid for, in full or in part, by or on behalf of the deceased, and that is in the possession of the funeral establishment.
(3)The funeral director shall also provide a written statement or list that, at a minimum, specifically identifies a particular casket or caskets by price and by thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements under Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, when a request for specific information on a casket or caskets is made in person by any individual. Prices of caskets and other identifying features such as thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements required to be given over the telephone by Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, shall be provided over the telephone, if requested.
(b)(1)Each licensed funeral establishment that maintains an Internet Web site shall post on its Internet Web site the list of funeral goods and services that are required to be included in the establishments general price list, pursuant to federal rule, and a statement that the general price list is available upon request.
(2)Information posted pursuant to paragraph (1) shall be provided by a link from the homepage of the Internet Web site with a word or combination of words, including, but not limited to, goods, merchandise, products, or services.
(3)An establishment that posts on its Internet Web site home page the words price information or a similar phrase that includes the word price, with a link that leads to the establishments general price list, need not comply with paragraphs (1) or (2).
(4)Nothing in this subdivision shall be construed to affect an establishments obligations under federal or state law effective prior to January 1, 2013.
(5)This subdivision shall become operative on January 1, 2013.
SEC. 32.Section 7818 of the Business and Professions Code is amended to read:7818.The board, pursuant to the provisions contained in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may adopt, amend or repeal rules and regulations to carry out the provisions of this chapter.
SEC. 33.Section 8508 of the Business and Professions Code is amended to read:8508.Household means any structure and its contents that are used for persons and their convenience.
SEC. 34.Section 8513 of the Business and Professions Code is amended to read:8513.(a)The board shall prescribe a form entitled Notice to Owner that shall describe, in nontechnical language and in a clear and coherent manner using words with common and everyday meaning, the pertinent provisions of this states mechanics lien laws and the rights and responsibilities of an owner of property and a registered pest control company thereunder. Each company registered under this chapter, prior to entering into a contract with an owner for work for which a company registration is required, shall give a copy of this Notice to Owner to the owner, his or her agent, or the payer.
(b)No company that is required to be registered under this chapter shall require or request a waiver of lien rights from any subcontractor, employee, or supplier.
(c)Each company registered under this chapter that acts as a subcontractor for another company registered under this chapter shall, within 20 days of commencement of any work for which a company registration is required, give the preliminary notice in accordance with Chapter 2 (commencing with Section 8200) of Title 2 of Part 6 of Division 4 of the Civil Code, to the owner, his or her agent, or the payer.
(d)Each company registered under this chapter that acts as a prime contractor for work for which a company registration is required shall, prior to accepting payment for the work, furnish to the owner, his or her agent, or the payer a full and unconditional release from any claim of mechanics lien by any subcontractor entitled to enforce a mechanics lien pursuant to Section 8410 of the Civil Code.
(e)Each company registered under this chapter that subcontracts to another company registered under this chapter work for which a company registration is required shall furnish to the subcontractor the name of the owner, his or her agent, or the payer.
(f)A violation of the provisions of this section is a ground for disciplinary action.
SEC. 35.Section 8516.5 of the Business and Professions Code is repealed.SEC. 36.Section 8552 of the Business and Professions Code is amended to read:8552.It is unlawful for any person to advertise or represent in any manner that any pest control work, in whole or in part, has been done upon any structure, unless the work has been performed by a registered company, except as otherwise provided in this chapter.
SEC. 37.Section 8611 of the Business and Professions Code is amended to read:8611.(a)Each branch office shall have a branch supervisor designated by the registered company to supervise and assist the companys employees who are located at that branch. The branch supervisor shall be an individual who is licensed by the board as an operator or a field representative in the branch or branches of business being conducted and his or her license shall be prominently displayed in the branch office.
(b)If a branch supervisor ceases for any reason to be connected with a registered company, the company shall notify the registrar in writing within 10 days from that cessation. If this notice is given, the companys branch office registration shall remain in force for a reasonable length of time to be determined by rules of the board, during which period the company shall submit to the registrar in writing the name of another qualified branch supervisor.
SEC. 38.Section 17913 of the Business and Professions Code is amended to read:17913.(a)The fictitious business name statement shall contain all of the information required by this subdivision and shall be substantially in the following form:
FICTITIOUS BUSINESS NAME STATEMENT | |
The following person (persons) is (are) doing business as | |
* | |
at ** : | |
*** | |
This business is conducted by **** | |
The registrant commenced to transact business under the fictitious business name or names listed above on | |
***** | |
I declare that all information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).) | |
Registrant signature | |
Statement filed with the County Clerk of ____ County on | |
NOTICEIN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE RESIDENCE ADDRESS OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION.
THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION 14411 ET SEQ., BUSINESS AND PROFESSIONS CODE).
(b)The fictitious business name statement shall contain the following information set forth in the manner indicated in the form provided by subdivision (a):
(1)Where the asterisk (*) appears in the form, insert the fictitious business name or names. Only those businesses operated at the same address and under the same ownership may be listed on one fictitious business name statement.
(2)Where the two asterisks (**) appear in the form: If the registrant has a place of business in this state, insert the street address, and county, of his or her principal place of business in this state. If the registrant has no place of business in this state, insert the street address, and county, of his or her principal place of business outside this state.
(3)Where the three asterisks (***) appear in the form: If the registrant is an individual, insert his or her full name and residence address. If the registrants are a married couple, insert the full name and residence address of both parties to the marriage. If the registrant is a general partnership, copartnership, joint venture, or limited liability partnership, insert the full name and residence address of each general partner. If the registrant is a limited partnership, insert the full name and residence address of each general partner. If the registrant is a limited liability company, insert the name and address of the limited liability company, as set out in its articles of organization on file with the California Secretary of State, and the state of organization. If the registrant is a trust, insert the full name and residence address of each trustee. If the registrant is a corporation, insert the name and address of the corporation, as set out in its articles of incorporation on file with the California Secretary of State, and the state of incorporation. If the registrants are state or local registered domestic partners, insert the full name and residence address of each domestic partner. If the registrant is an unincorporated association other than a partnership, insert the name of each person who is interested in the business of the association and whose liability with respect to the association is substantially the same as that of a general partner.
(4)Where the four asterisks (****) appear in the form, insert whichever of the following best describes the nature of the business: (i) an individual, (ii) a general partnership, (iii) a limited partnership, (iv) a limited liability company, (v) an unincorporated association other than a partnership, (vi) a corporation, (vii) a trust, (viii) copartners, (ix) a married couple, (x) joint venture, (xi) state or local registered domestic partners, or (xii) a limited liability partnership.
(5)Where the five asterisks (*****) appear in the form, insert the date on which the registrant first commenced to transact business under the fictitious business name or names listed, if already transacting business under that name or names. If the registrant has not yet commenced to transact business under the fictitious business name or names listed, insert the statement, Not applicable.
(c)The registrant shall declare that all of the information in the fictitious business statement is true and correct. A registrant who declares as true any material matter pursuant to this section that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).
(d)(1)At the time of filing of the fictitious business name statement, the registrant filing on behalf of the registrant shall present personal identification in the form of a California drivers license or other government identification acceptable to the county clerk to adequately determine the identity of the registrant filing on behalf of the registrant as provided in subdivision (e) and the county clerk may require the registrant to complete and sign an affidavit of identity.
(2)In the case of a registrant utilizing an agent for submission of the registrants fictitious business name statement for filing, at the time of filing of the fictitious business name statement, the agent filing on behalf of the registrant shall present personal identification in the form of a California drivers license or other government identification acceptable to the county clerk to adequately determine the identity of the agent filing on behalf of the registrant as provided in subdivision (e). The county clerk may also require the agent to submit a notarized statement signed by the registrant declaring the registrant has authorized the agent to submit the filing on behalf of the registrant.
(e)If the registrant is a corporation, a limited liability company, a limited partnership, or a limited liability partnership, the county clerk may require documentary evidence issued by the California Secretary of State and deemed acceptable by the county clerk, indicating the current existence and good standing of that business entity to be attached to a completed and notarized affidavit of identity, for purposes of subdivision (d).
(f)The county clerk may require a registrant that mails a fictitious business name statement to a county clerks office for filing to submit a completed and notarized affidavit of identity. A registrant that is a corporation, limited liability company, limited partnership, or limited liability partnership, if required by the county clerk to submit an affidavit of identity, shall also submit documentary evidence issued by the California Secretary of State indicating the current existence and good standing of that business entity.
(g)A county clerk that chooses to establish procedures pursuant to this section shall prescribe the form of affidavit of identity for filing by a registrant in that county.
SEC. 39.Section 13995.40 of the Government Code is amended to read:13995.40.(a)Upon approval of the initial referendum, the office shall establish a nonprofit mutual benefit corporation named the California Travel and Tourism Commission. The commission shall be under the direction of a board of commissioners, which shall function as the board of directors for purposes of the Nonprofit Corporation Law.
(b)The board of commissioners shall consist of 37 commissioners comprising the following:
(1)The director, who shall serve as chairperson.
(2)(A)Twelve members, who are professionally active in the tourism industry, and whose primary business, trade, or profession is directly related to the tourism industry, shall be appointed by the Governor. Each appointed commissioner shall represent only one of the 12 tourism regions designated by the office, and the appointed commissioners shall be selected so as to represent, to the greatest extent possible, the diverse elements of the tourism industry. Appointed commissioners are not limited to individuals who are employed by or represent assessed businesses.
(B)If an appointed commissioner ceases to be professionally active in the tourism industry or his or her primary business, trade, or profession ceases to be directly related to the tourism industry, he or she shall automatically cease to be an appointed commissioner 90 days following the date on which he or she ceases to meet both of the eligibility criteria specified in subparagraph (A), unless the commissioner becomes eligible again within that 90-day period.
(3)Twenty-four elected commissioners, including at least one representative of a travel agency or tour operator that is an assessed business.
(c)The commission established pursuant to Section 15364.52 shall be inoperative so long as the commission established pursuant to this section is in existence.
(d)Elected commissioners shall be elected by industry category in a referendum. Regardless of the number of ballots received for a referendum, the nominee for each commissioner slot with the most weighted votes from assessed businesses within that industry category shall be elected commissioner. In the event that an elected commissioner resigns, dies, or is removed from office during his or her term, the commission shall appoint a replacement from the same industry category that the commissioner in question represented, and that commissioner shall fill the remaining term of the commissioner in question. The number of commissioners elected from each industry category shall be determined by the weighted percentage of assessments from that category.
(e)The director may remove any elected commissioner following a hearing at which the commissioner is found guilty of abuse of office or moral turpitude.
(f)(1)The term of each elected commissioner shall commence July 1 of the year next following his or her election, and shall expire on June 30 of the fourth year following his or her election. If an elected commissioner ceases to be employed by or with an assessed business in the category and segment which he or she was representing, his or her term as an elected commissioner shall automatically terminate 90 days following the date on which he or she ceases to be so employed, unless, within that 90-day period, the commissioner again is employed by or with an assessed business in the same category and segment.
(2)Terms of elected commissioners that would otherwise expire effective December 31 of the year during which legislation adding this subdivision is enacted shall automatically be extended until June 30 of the following year.
(g)With the exception of the director, no commissioner shall serve for more than two consecutive terms. For purposes of this subdivision, the phrase two consecutive terms shall not include partial terms.
(h)Except for the original commissioners, all commissioners shall serve four-year terms. One-half of the commissioners originally appointed or elected shall serve a two-year term, while the remainder shall serve a four-year term. Every two years thereafter, one-half of the commissioners shall be appointed or elected by referendum.
(i)The selection committee shall determine the initial slate of candidates for elected commissioners. Thereafter the commissioners, by adopted resolution, shall nominate a slate of candidates, and shall include any additional candidates complying with the procedure described in Section 13995.62.
(j)The commissioners shall elect a vice chairperson from the elected commissioners.
(k)The commission may lease space from the office.
(l)The commission and the office shall be the official state representatives of California tourism.
(m)(1)All commission meetings shall be held in California.
(2)Commissioners may participate in meetings by means of conference telephone and other technology.
(n)No person shall receive compensation for serving as a commissioner, but each commissioner shall receive reimbursement for reasonable expenses incurred while on authorized commission business.
(o)Assessed businesses shall vote only for commissioners representing their industry category.
(p)Commissioners shall comply with the requirements of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). The Legislature finds and declares that commissioners appointed or elected on the basis of membership in a particular tourism segment are appointed or elected to represent and serve the economic interests of those tourism segments and that the economic interests of these members are the same as those of the public generally.
(q)Commission meetings shall be subject to the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1).
(r)The executive director of the commission shall serve as secretary to the commission, a nonvoting position, and shall keep the minutes and records of all commission meetings.
SEC. 40.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Any person who has received from the board a certificate of certified public accountant, or who is authorized to practice public accountancy in this state pursuant to Article 5.1 (commencing with Section 5096), may, subject to Section 5051, be styled and known as a certified public accountant and may also use the abbreviation C.P.A. No other person, except a firm registered under this chapter, shall assume or use that title, designation, or abbreviation or any other title, designation, sign, card, or device tending to indicate that the person using it is a certified public accountant.
SEC. 2.Section 5070.1 of the Business and Professions Code is amended to read:5070.1.(a)The board may establish, by regulation, a system for the placement of a license into a retired status, upon application, for certified public accountants and public accountants who are not actively engaged in the practice of public accountancy or any activity that requires them to be licensed by the board.
(b)No licensee with a license in a retired status shall engage in any activity for which a permit is required.
(c)The board shall deny an applicants application to place a license in a retired status if the permit is subject to an outstanding order of the board, is suspended, revoked, or otherwise punitively restricted by the board, or is subject to disciplinary action under this chapter.
(d)(1)The holder of a license that was canceled pursuant to Section 5070.7 may apply for the placement of that license in a retired status pursuant to subdivision (a).
(2)Upon approval of an application made pursuant to paragraph (1), the board shall reissue that license in a retired status.
(3)The holder of a canceled license that was placed in retired status between January 1, 1994, and January 1, 1999, inclusive, shall not be required to meet the qualifications established pursuant to subdivision (e), but shall be subject to all other requirements of this section.
(e)The board shall establish minimum qualifications to place a license in retired status.
(f)The board may exempt the holder of a license in a retired status from the renewal requirements described in Section 5070.5.
(g)The board shall establish minimum qualifications for the restoration of a license in a retired status to an active status. These minimum qualifications shall include, but are not limited to, continuing education and payment of a fee as provided in subdivision (h) of Section 5134.
(h)The board shall not restore to active or inactive status a license that was canceled by operation of law, pursuant to subdivision (a) of Section 5070.7, and then placed into retired status pursuant to subdivision (d). The individual shall instead apply for a new license, as described in subdivision (c) of Section 5070.7, in order to restore his or her license.
SEC. 3.Section 5087 of the Business and Professions Code is amended to read:5087.(a)The board may issue a certified public accountant license to any applicant who is a holder of a current, active, and unrestricted certified public accountant license issued under the laws of any state, if the board determines that the standards under which the applicant received the license are substantially equivalent to the standards of education, examination, and experience established under this chapter and the applicant has not committed acts or crimes constituting grounds for denial under Section 480. To be authorized to sign reports on attest engagements, the applicant shall meet the requirements of Section 5095.
(b)The board may in particular cases waive any of the requirements regarding the circumstances in which the various parts of the examination were to be passed for an applicant from another state.
SEC. 4.Section 6735 of the Business and Professions Code is amended to read:6735.(a)All civil (including structural and geotechnical) engineering plans, calculations, specifications, and reports (hereinafter referred to as documents) shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as preliminary, not for construction, for plan check only, or for review only. All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. If civil engineering plans are required to be signed and sealed or stamped and have multiple sheets, the signature, seal or stamp, and date of signing and sealing or stamping shall appear on each sheet of the plans. If civil engineering specifications, calculations, and reports are required to be signed and sealed or stamped and have multiple pages, the signature, seal or stamp, and date of signing and sealing or stamping shall appear at a minimum on the title sheet, cover sheet, or signature sheet.
(b)Notwithstanding subdivision (a), a licensed civil engineer who signs civil engineering documents shall not be responsible for damage caused by subsequent changes to or uses of those documents, if the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the licensed civil engineer who originally signed the documents, provided that the engineering service rendered by the civil engineer who signed the documents was not also a proximate cause of the damage.
SEC. 5.Section 7083 of the Business and Professions Code is amended to read:7083.(a) Notwithstanding any other law, licensees shall notify the registrar, on a form prescribed by the registrar, in writing within 90 days of any change to information recorded under this chapter. This notification requirement shall include, but not be limited to, changes in business address, personnel, business name, qualifying individual bond exemption pursuant to Section 7071.9, or exemption to qualify multiple licenses pursuant to Section 7068.1.
(b)Failure of the licensee to notify the registrar of any change to information within 90 days shall cause the change to be effective the date the written notification is received at the boards headquarters office.
(c)Failure to notify the registrar of the changes within the 90 days is grounds for disciplinary action.
SEC. 6.Section 7200 of the Business and Professions Code is amended to read:7200.(a)There is in the Department of Consumer Affairs a State Board of Guide Dogs for the Blind in whom enforcement of this chapter is vested. The board shall consist of seven members appointed by the Governor. One member shall be the Director of Rehabilitation or his or her designated representative. The remaining members shall be persons who have shown a particular interest in dealing with the problems of persons who are blind or visually impaired and at least two of them shall be persons who are blind or visually impaired who use guide dogs.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 7.Section 7200.5 of the Business and Professions Code is amended to read:7200.5.The board shall have exclusive authority in this state to issue licenses for the instruction of persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by persons who are blind or visually impaired. It shall also have exclusive authority in this state to issue licenses to operate schools for the training of guide dogs and the instruction of persons who are blind or visually impaired in the use of guide dogs.
SEC. 8.Section 7200.7 of the Business and Professions Code is amended to read:7200.7.A fee equal to no more than 0.005 of all school expenses incurred in the most recently concluded school fiscal year, as specified in the audit required under Section 7217, shall be paid no later than April 30 of each year for renewal of a schools license pursuant to Section 7200.5. The board shall, by regulation, define the exact amount of the fee. All fees collected pursuant to this section shall be deposited into the Guide Dogs for the Blind Fund, which is hereby created.
SEC. 9.Section 7201 of the Business and Professions Code is amended to read:7201.No person shall be eligible to membership in the board who is a stockholder in, or an owner of, or financially interested directly or indirectly, in any company, organization, or concern supplying, delivering, or furnishing any guide dogs for use by persons who are blind or visually impaired.
SEC. 10.Section 7202 of the Business and Professions Code is amended to read:7202.Each of the appointed members of the board shall hold office for a term of four years and until his or her successor is appointed and qualified or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. No person shall serve as an appointed member of the board for more than two consecutive terms.
SEC. 11.Section 7208 of the Business and Professions Code is amended to read:7208.Pursuant to the provisions of the Administrative Procedure Act the board may make such rules and regulations as are reasonably necessary to:
(a)Govern the procedure of the board.
(b)Govern the admission of applicants for examination for license to instruct persons who are blind or visually impaired in the use of guide dogs or to engage in the business of training, selling, hiring, or being in the business of supplying guide dogs for persons who are blind or visually impaired.
(c)Govern the operation of schools which furnish guide dogs and train persons who are blind or visually impaired to use guide dogs.
(d)The reissuance of licenses.
(e)The reexamination of licensees.
SEC. 12.Section 7209 of the Business and Professions Code is amended to read:7209.A person to be eligible for examination as an instructor must (a) have a knowledge of the special problems of persons who are blind or visually impaired and how to teach them, (b) be able to demonstrate by actual blindfold test under traffic conditions his or her ability to train guide dogs with whom persons who are blind or visually impaired would be safe, (c) be suited temperamentally and otherwise to instruct persons who are blind or visually impaired in the use of guide dogs, and (d) have had at least three years actual experience, comprising such number of hours as the board may require, as an instructor, and have handled 22 person-dog units; or its equivalent, as determined by the board, as an apprentice under a licensed instructor or under an instructor in a school satisfactory to the board.
SEC. 13.Section 7209.5 of the Business and Professions Code is amended to read:7209.5.Except as the context otherwise requires, as used in this chapter the term instructor means a person who instructs persons who are blind or visually impaired in the use of guide dogs or who engages in the business of training, selling, hiring, or supplying guide dogs for persons who are blind or visually impaired.
SEC. 14.Section 7210.5 of the Business and Professions Code is amended to read:7210.5.It is unlawful to solicit funds for any person purporting to provide guide dogs for persons who are blind or visually impaired in this state unless the person for whose benefit the solicitation is made holds a valid and unimpaired license issued by the State Board of Guide Dogs for the Blind.
As used in this section person means an individual, firm, partnership, association, corporation, limited liability company, or cooperative association.
SEC. 15.Section 7211.1 of the Business and Professions Code is amended to read:7211.1.(a)As a condition of renewal of an instructors license, the instructor shall provide proof of completion of not less than 8 hours of continuing education. The board shall determine the form of proof.
(b)Continuing education shall meet the criteria specified in Section 166, and shall be in one or more of the following subject matter areas:
(1)Blindness and mobility.
(2)Health issues relating to blindness.
(3)Instructing persons who are blind or visually impaired.
(4)Care and training of dogs.
SEC. 16.Section 7211.2 of the Business and Professions Code is amended to read:7211.2.A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
SEC. 17.Section 7215 of the Business and Professions Code is amended to read:7215.No person shall sell, give, or furnish any guide dog to a person who is blind or visually impaired unless the following requirements have been met:
(a)The dog has been immunized against distemper and rabies.
(b)The dog has been spayed or neutered.
(c)The dog has been examined by a licensed veterinarian and found to be in good health.
A certificate from a veterinarian certifying to the foregoing shall be delivered to the recipient of the dog at the time the dog is assigned to a client.
SEC. 18.Section 7215.5 of the Business and Professions Code is amended to read:7215.5.(a)During the first year following the successful training of each person-dog unit, and release from a guide dog training school of the trained person supplied with a guide dog, the school may retain title to the trained dog. During this probationary year, the school may enter into a contractual agreement with the user of the dog describing the conditions under which the user may maintain the status of legal custodian of the dog. During the probationary year, the school, acting in what it deems to be the best interest of the user, the dog, or the public, may temporarily or permanently resume possession of the dog.
(b)Within 15 days after the end of each fiscal year, each licensed school shall report to the board the following:
(1)The number of dog ownership titles transferred to dog users pursuant to this section during the calendar year.
(2)The number of title recoveries and repossessions made by the school pursuant to this section during the calendar year.
(3)The number, type, and amount of charges assessed for followup training, instruction, veterinary, or boarding services, pursuant to this section, which make a distinction between users who have acquired title to their dogs and users who have not acquired title.
(4)The views of the governing entity of the school as to any problems or concerns relative to compliance with the provisions of this section, along with recommendations for appropriate legislative or administrative changes commensurate with the purposes of this section.
(c)Immediately upon completion of the first year following the successful training referred to above, if the training school and the dog user are mutually satisfied with the operation of the person-dog unit, title to the dog shall be transferred to the user who is blind or visually impaired if the user so desires. Transfer of title shall be evidenced by a transfer of title agreement executed by both parties thereto. The school may retain an option to recover title and possession to the guide dog subject to conditions described in the transfer of title agreement. These conditions may include, but are not limited to, the following:
(1)If in the schools opinion, the guide dog is being misused or neglected or mistreated by its user who is blind or visually impaired.
(2)If the user to whom the dog was furnished has ceased to use the dog as a guide and the dog is not too old to be retrained as a guide for another person who is blind or visually impaired.
(3)If, in the schools opinion, the dog is no longer a safe guide and the user refuses to cease using the dog as a guide after being requested by the school to cease this use.
(d)The guide dog school shall make no distinction as to the quality or extent of followup or supportive services available to its blind graduates based on whether they elect to acquire title to their dogs or allow title to remain with the school after the probationary year. The school may, however, make this distinction when assessing reasonable and appropriate charges for followup training, instruction, veterinary, or boarding services.
(e)No applicant for admission to a guide dog training school, nor any enrolled student, shall be required by the school prior to completion of his or her training to sign any instrument or to announce his or her intention regarding transfer of title of the dog from the school to himself or herself upon completion of the training and probation period.
SEC. 19.Section 7217 of the Business and Professions Code is amended to read:7217.(a)Within 60 days after the termination of the fiscal year of a school, there shall be furnished to the board the following:
(1)A list of students accepted for training and those who have completed training.
(2)A list of the number of dogs trained.
(b)Within 90 days after the end of a fiscal year, there shall be furnished to the board an independent audit of the schools finances by a certified public accountant licensed by this state.
SEC. 20.Section 7303 of the Business and Professions Code is amended to read:7303.(a)Notwithstanding Article 8 (commencing with Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, there is in the Department of Consumer Affairs the State Board of Barbering and Cosmetology in which the administration of this chapter is vested.
(b)The board shall consist of nine members. Five members shall be public members, and four members shall represent the professions. The Governor shall appoint three of the public members and the four professional members. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one public member. Members of the board shall be appointed for a term of four years, except that of the members appointed by the Governor, two of the public members and two of the professions members shall be appointed for an initial term of two years. No board member may serve longer than two consecutive terms.
(c)The board may appoint an executive officer who is exempt from civil service. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. The appointment of the executive officer is subject to the approval of the director. In the event that a newly authorized board replaces an existing or previous bureau, the director may appoint an interim executive officer for the board who shall serve temporarily until the new board appoints a permanent executive officer.
(d)The executive officer shall provide examiners, inspectors, and other personnel necessary to carry out the provisions of this chapter.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 21.Section 7303.2 of the Business and Professions Code is amended to read:7303.2.The board shall conduct the following reviews, and shall report its findings and recommendations to the Assembly Committee on Business and Professions and the Senate Committee on Business, Professions, and Economic Development no later than November 1, 2018:
(a)The board, pursuant to Section 139, shall review the 1,600-hour training requirement for cosmetologists, conduct an occupational analysis of the cosmetology profession in California, and conduct a review of the national written examination for cosmetologists and of the practical examination, in order to evaluate whether both examinations assess critical competencies for California cosmetologists and meet professional testing standards.
(b)The board shall review the Spanish language examination if, by January 1, 2016, the pass rate for Spanish speakers did not increase to the average pass rate for all other language examinations during the two-year period prior to January 1, 2016.
SEC. 22.Section 7304 of the Business and Professions Code is repealed.SEC. 23.Section 7308 of the Business and Professions Code is repealed.SEC. 24.Section 7313 of the Business and Professions Code is amended to read:7313.(a)(1)To ensure compliance with the laws and regulations of this chapter, the boards executive officer and authorized representatives shall, except as provided by Section 159.5, have access to, and shall inspect, any establishment or mobile unit during business hours or at any time in which barbering, cosmetology, or electrolysis are being performed. It is the intent of the Legislature that inspections be conducted on Saturdays and Sundays as well as weekdays, if collective bargaining agreements and civil service provisions permit.
(2)The board shall maintain a program of random and targeted inspections of establishments to ensure compliance with applicable laws relating to the public health and safety and the conduct and operation of establishments. The board or its authorized representatives shall inspect establishments to reasonably determine compliance levels and to identify market conditions that require targeted enforcement. The board shall not reduce the number of employees assigned to perform random inspections, targeted inspections, and investigations relating to field operations below the level funded by the annual Budget Act and described in supporting budget documents, and shall not redirect funds or personnel-years allocated to those inspection and investigation purposes to other purposes.
(b)To ensure compliance with health and safety requirements adopted by the board, the executive officer and authorized representatives shall, except as provided in Section 159.5, have access to, and shall inspect the premises of, all schools in which the practice of barbering, cosmetology, or electrolysis is performed on the public. Notices of violation shall be issued to schools for violations of regulations governing conditions related to the health and safety of patrons. Each notice shall specify the section violated and a timespan within which the violation must be corrected. A copy of the notice of violation shall be provided to the Bureau for Private Postsecondary Education.
(c)With prior written authorization from the board or its executive officer, any member of the board may enter and visit, in his or her capacity as a board member, any establishment, during business hours or at any time when barbering, cosmetology, or electrolysis is being performed. The visitation by a board member shall be for the purpose of conducting official board business, but shall not be used as a basis for any licensing disciplinary action by the board.
(d)The board shall adopt a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers. The board shall evaluate the protocol every two years to ensure the protocol remains current.
SEC. 25.Section 7314.3 is added to the Business and Professions Code, 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.
SEC. 26.Section 7395.1 of the Business and Professions Code is amended to read:7395.1.(a)A student who is enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary Education in a course approved by the board may, upon completion of a minimum of 60 percent of the clock hours required for graduation in the course, work as an unpaid extern in a cosmetology establishment participating in the educational program of the school of cosmetology.
(b)A person working as an extern shall receive clock hour credit toward graduation, but that credit shall not exceed eight hours per week and shall not exceed 10 percent of the total clock hours required for completion of the course.
(c)The externship program shall be conducted in cosmetology establishments meeting all of the following criteria:
(1)The establishment is licensed by the board.
(2)The establishment has a minimum of four licensees working at the establishment, including employees and owners or managers.
(3)All licensees at the establishment are in good standing with the board.
(4)Licensees working at the establishment work for salaries or commissions rather than on a space rental basis.
(5)No more than one extern shall work in an establishment for every four licensees working in the establishment. No regularly employed licensee shall be displaced or have his or her work hours reduced or altered to accommodate the placement of an extern in an establishment. Prior to placement of the extern, the establishment shall agree in writing sent to the school and to all affected licensees that no reduction or alteration of any licensees current work schedule shall occur. This shall not prevent a licensee from voluntarily reducing or altering his or her work schedule.
(6)Externs shall wear conspicuous school identification at all times while working in the establishment, and shall carry a school laminated identification, that includes a picture, in a form approved by the board.
(d)(1)No less than 90 percent of the responsibilities and duties of the extern shall consist of the acts included within the practice of cosmetology as defined in Section 7316.
(2)The establishment shall consult with the assigning school regarding the externs progress during the unpaid externship. The owner or manager of the establishment shall monitor and report on the students progress to the school on a regular basis, with assistance from supervising licensees.
(3)A participating school shall assess the externs learning outcome from the externship program. The school shall maintain accurate records of the externs educational experience in the externship program and records that indicate how the externs learning outcome translates into course credit.
(e)Participation in an externship program made available by a school shall be voluntary, may be terminated by the student at any time, and shall not be a prerequisite for graduation.
(f)The cosmetology establishment that chooses to utilize the extern is liable for the externs general liability insurance, as well as cosmetology malpractice liability insurance, and shall furnish proof to the participating school that the establishment is covered by both forms of liability insurance and that the extern is covered under that insurance.
(g)(1)It is the purpose of the externship program authorized by this section to provide students with skills, knowledge, and attitudes necessary to acquire employment in the field for which they are being trained, and to extend formalized classroom instruction.
(2)Instruction shall be based on skills, knowledge, attitudes, and performance levels in the area of cosmetology for which the instruction is conducted.
(3)An extern may perform only acts listed within the definition of the practice of cosmetology as provided in Section 7316, if a licensee directly supervises those acts, except that an extern may not use or apply chemical treatments unless the extern has received appropriate training in application of those treatments from an approved cosmetology school. An extern may work on a paying client only in an assisting capacity and only with the direct and immediate supervision of a licensee.
(4)The extern shall not perform any work in a manner that would violate law.
SEC. 27.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 7347 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.
SEC. 28.Section 7402.5 is added to the Business and Professions Code, to read:7402.5.(a)For purposes of this section, a personal service permit means a permit that authorizes an individual to perform services, for which he or she holds a license pursuant to this chapter, outside of an establishment, as defined in Section 7346, in accordance with the regulations established by the board.
(b)The board may issue a personal service permit to an individual who meets the criteria for a personal service permit set forth in regulation.
(c)The board shall issue regulations regarding a personal service permit. In establishing the regulations, the board shall hold, at a minimum, two stakeholder meetings.
(1)The board shall determine the appropriate licensing categories that may apply for a personal service permit in order to protect consumer safety.
(2)The board shall authorize a personal service permit holder to perform services outside of a licensed establishment.
(3)The board shall not exempt a personal service permit holder from any of the boards existing regulations or requirements on health and safety.
(4)The board shall not require a personal service permit holder to be employed by an establishment, unless the board determines that it would be necessary in order to maintain consumer safety.
(5)The regulations may require an applicant for a personal service permit to have proof of liability insurance and to pass a criminal background clearance.
(d)A personal service permit shall be valid for two years and shall be renewed prior to expiration. The fee for a personal service permit shall be no greater than fifty dollars ($50). The fee for the renewal of a personal service permit shall be no greater than fifty dollars ($50). The delinquency fee shall be 50 percent of the renewal fee in effect on the date of the renewal.
(e)The board shall report on the progress of the regulatory process and issuance of personal service permits to the Legislature on or before July 1, 2017.
(1)The report shall be submitted in compliance with Section 9795 of the Government Code.
(2)The requirement to report to the Legislature under this subdivision is inoperative on July 1, 2021, pursuant to Section 10231.5 of the Government Code.
SEC. 29.Section 7404 of the Business and Professions Code is amended to read:7404.The grounds for disciplinary action are as follows:
(a)Unprofessional conduct which includes, but is not limited to, any of the following:
(1)Incompetence or gross negligence, including failure to comply with generally accepted standards for the practice of barbering, cosmetology, or electrology or disregard for the health and safety of patrons.
(2)Repeated similar negligent acts.
(3)Conviction of any crime substantially related to the qualifications, functions, or duties of the licenseholder, in which case, the records of conviction or a certified copy shall be conclusive evidence thereof.
(4)Advertising by means of knowingly false or deceptive statements.
(b)Failure to comply with the requirements of this chapter.
(c)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 establishments, or any practice licensed and regulated under this chapter.
(d)Failure to comply with the rules adopted by the board for the regulation of establishments, or any practice licensed and regulated under this chapter.
(e)Continued practice by a person knowingly having an infectious or contagious disease.
(f)Habitual drunkenness, habitual use of or addiction to the use of any controlled substance.
(g)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.
(h)Failure to display the license or health and safety rules and regulations in a conspicuous place.
(i)Engaging, outside of a licensed establishment and for compensation in any form whatever, in any practice for which a license is required under this chapter, except that when the service is provided because of illness or other physical or mental incapacitation of the recipient of the service and when performed by a licensee obtained for the purpose from a licensed establishment.
(j)Permitting a license to be used where the holder is not personally, actively, and continuously engaged in business.
(k)The making of any false statement as to a material matter in any oath or affidavit, which is required by the provisions of this chapter.
(l)Refusal to permit or interference with an inspection authorized under this chapter.
(m)Any action or conduct which would have warranted the denial of a license.
(n)Failure to surrender a license that was issued in error or by mistake.
SEC. 30.Section 7407 of the Business and Professions Code is amended to read:7407.The board shall establish by regulation a schedule of administrative fines for violations of this chapter. All moneys collected under this section shall be deposited in the boards contingent fund.
The schedule shall indicate for each type of violation whether, in the boards discretion, the violation can be corrected. The board shall ensure that it and the Bureau for Private Postsecondary Education do not issue citations for the same violation.
SEC. 31.Section 7685 of the Business and Professions Code is amended to read:7685.(a)(1)Every funeral director shall provide to any person, upon beginning discussion of prices or of the funeral goods and services offered, a written or printed list containing, but not necessarily limited to, the price for professional services offered, which may include the funeral directors services, the preparation of the body, the use of facilities, and the use of automotive equipment. All services included in this price or prices shall be enumerated. The funeral director shall also provide a statement on that list that gives the price range for all caskets offered for sale.
(2)The list shall also include a statement indicating that the survivor of the deceased who is handling the funeral arrangements, or the responsible party, is entitled to receive, prior to the drafting of any contract, a copy of any preneed agreement that has been signed and paid for, in full or in part, by or on behalf of the deceased, and that is in the possession of the funeral establishment.
(3)The funeral director shall also provide a written statement or list that, at a minimum, specifically identifies a particular casket or caskets by price and by thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements under Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, when a request for specific information on a casket or caskets is made in person by any individual. Prices of caskets and other identifying features such as thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements required to be given over the telephone by Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, shall be provided over the telephone, if requested.
(b)(1)Each licensed funeral establishment that maintains an Internet Web site shall post on its Internet Web site the list of funeral goods and services that are required to be included in the establishments general price list, pursuant to federal rule, and a statement that the general price list is available upon request.
(2)Information posted pursuant to paragraph (1) shall be provided by a link from the homepage of the Internet Web site with a word or combination of words, including, but not limited to, goods, merchandise, products, or services.
(3)An establishment that posts on its Internet Web site home page the words price information or a similar phrase that includes the word price, with a link that leads to the establishments general price list, need not comply with paragraphs (1) or (2).
(4)Nothing in this subdivision shall be construed to affect an establishments obligations under federal or state law effective prior to January 1, 2013.
(5)This subdivision shall become operative on January 1, 2013.
SEC. 32.Section 7818 of the Business and Professions Code is amended to read:7818.The board, pursuant to the provisions contained in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may adopt, amend or repeal rules and regulations to carry out the provisions of this chapter.
SEC. 33.Section 8508 of the Business and Professions Code is amended to read:8508.Household means any structure and its contents that are used for persons and their convenience.
SEC. 34.Section 8513 of the Business and Professions Code is amended to read:8513.(a)The board shall prescribe a form entitled Notice to Owner that shall describe, in nontechnical language and in a clear and coherent manner using words with common and everyday meaning, the pertinent provisions of this states mechanics lien laws and the rights and responsibilities of an owner of property and a registered pest control company thereunder. Each company registered under this chapter, prior to entering into a contract with an owner for work for which a company registration is required, shall give a copy of this Notice to Owner to the owner, his or her agent, or the payer.
(b)No company that is required to be registered under this chapter shall require or request a waiver of lien rights from any subcontractor, employee, or supplier.
(c)Each company registered under this chapter that acts as a subcontractor for another company registered under this chapter shall, within 20 days of commencement of any work for which a company registration is required, give the preliminary notice in accordance with Chapter 2 (commencing with Section 8200) of Title 2 of Part 6 of Division 4 of the Civil Code, to the owner, his or her agent, or the payer.
(d)Each company registered under this chapter that acts as a prime contractor for work for which a company registration is required shall, prior to accepting payment for the work, furnish to the owner, his or her agent, or the payer a full and unconditional release from any claim of mechanics lien by any subcontractor entitled to enforce a mechanics lien pursuant to Section 8410 of the Civil Code.
(e)Each company registered under this chapter that subcontracts to another company registered under this chapter work for which a company registration is required shall furnish to the subcontractor the name of the owner, his or her agent, or the payer.
(f)A violation of the provisions of this section is a ground for disciplinary action.
SEC. 35.Section 8516.5 of the Business and Professions Code is repealed.SEC. 36.Section 8552 of the Business and Professions Code is amended to read:8552.It is unlawful for any person to advertise or represent in any manner that any pest control work, in whole or in part, has been done upon any structure, unless the work has been performed by a registered company, except as otherwise provided in this chapter.
SEC. 37.Section 8611 of the Business and Professions Code is amended to read:8611.(a)Each branch office shall have a branch supervisor designated by the registered company to supervise and assist the companys employees who are located at that branch. The branch supervisor shall be an individual who is licensed by the board as an operator or a field representative in the branch or branches of business being conducted and his or her license shall be prominently displayed in the branch office.
(b)If a branch supervisor ceases for any reason to be connected with a registered company, the company shall notify the registrar in writing within 10 days from that cessation. If this notice is given, the companys branch office registration shall remain in force for a reasonable length of time to be determined by rules of the board, during which period the company shall submit to the registrar in writing the name of another qualified branch supervisor.
SEC. 38.Section 17913 of the Business and Professions Code is amended to read:17913.(a)The fictitious business name statement shall contain all of the information required by this subdivision and shall be substantially in the following form:
FICTITIOUS BUSINESS NAME STATEMENT | |
The following person (persons) is (are) doing business as | |
* | |
at ** : | |
*** | |
This business is conducted by **** | |
The registrant commenced to transact business under the fictitious business name or names listed above on | |
***** | |
I declare that all information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).) | |
Registrant signature | |
Statement filed with the County Clerk of ____ County on | |
NOTICEIN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE RESIDENCE ADDRESS OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION.
THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION 14411 ET SEQ., BUSINESS AND PROFESSIONS CODE).
(b)The fictitious business name statement shall contain the following information set forth in the manner indicated in the form provided by subdivision (a):
(1)Where the asterisk (*) appears in the form, insert the fictitious business name or names. Only those businesses operated at the same address and under the same ownership may be listed on one fictitious business name statement.
(2)Where the two asterisks (**) appear in the form: If the registrant has a place of business in this state, insert the street address, and county, of his or her principal place of business in this state. If the registrant has no place of business in this state, insert the street address, and county, of his or her principal place of business outside this state.
(3)Where the three asterisks (***) appear in the form: If the registrant is an individual, insert his or her full name and residence address. If the registrants are a married couple, insert the full name and residence address of both parties to the marriage. If the registrant is a general partnership, copartnership, joint venture, or limited liability partnership, insert the full name and residence address of each general partner. If the registrant is a limited partnership, insert the full name and residence address of each general partner. If the registrant is a limited liability company, insert the name and address of the limited liability company, as set out in its articles of organization on file with the California Secretary of State, and the state of organization. If the registrant is a trust, insert the full name and residence address of each trustee. If the registrant is a corporation, insert the name and address of the corporation, as set out in its articles of incorporation on file with the California Secretary of State, and the state of incorporation. If the registrants are state or local registered domestic partners, insert the full name and residence address of each domestic partner. If the registrant is an unincorporated association other than a partnership, insert the name of each person who is interested in the business of the association and whose liability with respect to the association is substantially the same as that of a general partner.
(4)Where the four asterisks (****) appear in the form, insert whichever of the following best describes the nature of the business: (i) an individual, (ii) a general partnership, (iii) a limited partnership, (iv) a limited liability company, (v) an unincorporated association other than a partnership, (vi) a corporation, (vii) a trust, (viii) copartners, (ix) a married couple, (x) joint venture, (xi) state or local registered domestic partners, or (xii) a limited liability partnership.
(5)Where the five asterisks (*****) appear in the form, insert the date on which the registrant first commenced to transact business under the fictitious business name or names listed, if already transacting business under that name or names. If the registrant has not yet commenced to transact business under the fictitious business name or names listed, insert the statement, Not applicable.
(c)The registrant shall declare that all of the information in the fictitious business statement is true and correct. A registrant who declares as true any material matter pursuant to this section that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).
(d)(1)At the time of filing of the fictitious business name statement, the registrant filing on behalf of the registrant shall present personal identification in the form of a California drivers license or other government identification acceptable to the county clerk to adequately determine the identity of the registrant filing on behalf of the registrant as provided in subdivision (e) and the county clerk may require the registrant to complete and sign an affidavit of identity.
(2)In the case of a registrant utilizing an agent for submission of the registrants fictitious business name statement for filing, at the time of filing of the fictitious business name statement, the agent filing on behalf of the registrant shall present personal identification in the form of a California drivers license or other government identification acceptable to the county clerk to adequately determine the identity of the agent filing on behalf of the registrant as provided in subdivision (e). The county clerk may also require the agent to submit a notarized statement signed by the registrant declaring the registrant has authorized the agent to submit the filing on behalf of the registrant.
(e)If the registrant is a corporation, a limited liability company, a limited partnership, or a limited liability partnership, the county clerk may require documentary evidence issued by the California Secretary of State and deemed acceptable by the county clerk, indicating the current existence and good standing of that business entity to be attached to a completed and notarized affidavit of identity, for purposes of subdivision (d).
(f)The county clerk may require a registrant that mails a fictitious business name statement to a county clerks office for filing to submit a completed and notarized affidavit of identity. A registrant that is a corporation, limited liability company, limited partnership, or limited liability partnership, if required by the county clerk to submit an affidavit of identity, shall also submit documentary evidence issued by the California Secretary of State indicating the current existence and good standing of that business entity.
(g)A county clerk that chooses to establish procedures pursuant to this section shall prescribe the form of affidavit of identity for filing by a registrant in that county.
SEC. 39.Section 13995.40 of the Government Code is amended to read:13995.40.(a)Upon approval of the initial referendum, the office shall establish a nonprofit mutual benefit corporation named the California Travel and Tourism Commission. The commission shall be under the direction of a board of commissioners, which shall function as the board of directors for purposes of the Nonprofit Corporation Law.
(b)The board of commissioners shall consist of 37 commissioners comprising the following:
(1)The director, who shall serve as chairperson.
(2)(A)Twelve members, who are professionally active in the tourism industry, and whose primary business, trade, or profession is directly related to the tourism industry, shall be appointed by the Governor. Each appointed commissioner shall represent only one of the 12 tourism regions designated by the office, and the appointed commissioners shall be selected so as to represent, to the greatest extent possible, the diverse elements of the tourism industry. Appointed commissioners are not limited to individuals who are employed by or represent assessed businesses.
(B)If an appointed commissioner ceases to be professionally active in the tourism industry or his or her primary business, trade, or profession ceases to be directly related to the tourism industry, he or she shall automatically cease to be an appointed commissioner 90 days following the date on which he or she ceases to meet both of the eligibility criteria specified in subparagraph (A), unless the commissioner becomes eligible again within that 90-day period.
(3)Twenty-four elected commissioners, including at least one representative of a travel agency or tour operator that is an assessed business.
(c)The commission established pursuant to Section 15364.52 shall be inoperative so long as the commission established pursuant to this section is in existence.
(d)Elected commissioners shall be elected by industry category in a referendum. Regardless of the number of ballots received for a referendum, the nominee for each commissioner slot with the most weighted votes from assessed businesses within that industry category shall be elected commissioner. In the event that an elected commissioner resigns, dies, or is removed from office during his or her term, the commission shall appoint a replacement from the same industry category that the commissioner in question represented, and that commissioner shall fill the remaining term of the commissioner in question. The number of commissioners elected from each industry category shall be determined by the weighted percentage of assessments from that category.
(e)The director may remove any elected commissioner following a hearing at which the commissioner is found guilty of abuse of office or moral turpitude.
(f)(1)The term of each elected commissioner shall commence July 1 of the year next following his or her election, and shall expire on June 30 of the fourth year following his or her election. If an elected commissioner ceases to be employed by or with an assessed business in the category and segment which he or she was representing, his or her term as an elected commissioner shall automatically terminate 90 days following the date on which he or she ceases to be so employed, unless, within that 90-day period, the commissioner again is employed by or with an assessed business in the same category and segment.
(2)Terms of elected commissioners that would otherwise expire effective December 31 of the year during which legislation adding this subdivision is enacted shall automatically be extended until June 30 of the following year.
(g)With the exception of the director, no commissioner shall serve for more than two consecutive terms. For purposes of this subdivision, the phrase two consecutive terms shall not include partial terms.
(h)Except for the original commissioners, all commissioners shall serve four-year terms. One-half of the commissioners originally appointed or elected shall serve a two-year term, while the remainder shall serve a four-year term. Every two years thereafter, one-half of the commissioners shall be appointed or elected by referendum.
(i)The selection committee shall determine the initial slate of candidates for elected commissioners. Thereafter the commissioners, by adopted resolution, shall nominate a slate of candidates, and shall include any additional candidates complying with the procedure described in Section 13995.62.
(j)The commissioners shall elect a vice chairperson from the elected commissioners.
(k)The commission may lease space from the office.
(l)The commission and the office shall be the official state representatives of California tourism.
(m)(1)All commission meetings shall be held in California.
(2)Commissioners may participate in meetings by means of conference telephone and other technology.
(n)No person shall receive compensation for serving as a commissioner, but each commissioner shall receive reimbursement for reasonable expenses incurred while on authorized commission business.
(o)Assessed businesses shall vote only for commissioners representing their industry category.
(p)Commissioners shall comply with the requirements of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). The Legislature finds and declares that commissioners appointed or elected on the basis of membership in a particular tourism segment are appointed or elected to represent and serve the economic interests of those tourism segments and that the economic interests of these members are the same as those of the public generally.
(q)Commission meetings shall be subject to the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1).
(r)The executive director of the commission shall serve as secretary to the commission, a nonvoting position, and shall keep the minutes and records of all commission meetings.
SEC. 40.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Any person who has received from the board a certificate of certified public accountant accountant, or who is authorized to practice public accountancy in this state pursuant to Article 5.1 (commencing with Section 5096), may, subject to Section 5051, be styled and known as a certified public accountant and may also use the abbreviation C.P.A. No other person, except a firm registered under this chapter, shall assume or use that title, designation, or abbreviation or any other title, designation, sign, card, or device tending to indicate that the person using it is a certified public accountant.
SEC. 2.Section 5070.1 of the Business and Professions Code is amended to read:5070.1.(a)The board may establish, by regulation, a system for the placement of a license into a retired status, upon application, for certified public accountants and public accountants who are not actively engaged in the practice of public accountancy or any activity which that requires them to be licensed by the board.
(b)No licensee with a license in a retired status shall engage in any activity for which a permit is required.
(c)The board shall deny an applicants application to place a license in a retired status if the permit is subject to an outstanding order of the board, is suspended, revoked, or otherwise punitively restricted by the board, or is subject to disciplinary action under this chapter.
(d)(1)The holder of a license that was canceled pursuant to Section 5070.7 may apply for the placement of that license in a retired status pursuant to subdivision (a).
(2)Upon approval of an application made pursuant to paragraph (1), the board shall reissue that license in a retired status.
(3)The holder of a canceled license that was placed in retired status between January 1, 1994, and January 1, 1999, inclusive, shall not be required to meet the qualifications established pursuant to subdivision (e), but shall be subject to all other requirements of this section.
(e)The board shall establish minimum qualifications to place a license in retired status.
(f)The board may exempt the holder of a license in a retired status from the renewal requirements described in Section 5070.5.
(g)The board shall establish minimum qualifications for the restoration of a license in a retired status to an active status. These minimum qualifications shall include, but are not limited to, continuing education and payment of a fee as provided in subdivision (h) of Section 5134.
(h)The board shall not restore to active or inactive status a license that was canceled by operation of law, pursuant to subdivision (a) of Section 5070.7, and then placed into retired status pursuant to subdivision (d). The individual shall instead apply for a new license, as described in subdivision (c) of Section 5070.7, in order to restore his or her license.
SEC. 3.Section 5087 of the Business and Professions Code is amended to read:5087.(a)The board may issue a certified public accountant license to any applicant who is a holder of a valid and unrevoked current, active, and unrestricted certified public accountant license issued under the laws of any state, if the board determines that the standards under which the applicant received the license are substantially equivalent to the standards of education, examination, and experience established under this chapter and the applicant has not committed acts or crimes constituting grounds for denial under Section 480. To be authorized to sign reports on attest engagements, the applicant shall meet the requirements of Section 5095.
(b)The board may in particular cases waive any of the requirements regarding the circumstances in which the various parts of the examination were to be passed for an applicant from another state.
SEC. 4.Section 6735 of the Business and Professions Code is amended to read:6735.(a)All civil (including structural and geotechnical) engineering plans, calculations, specifications, and reports (hereinafter referred to as documents) shall be prepared by, or under the responsible charge of, a licensed civil engineer and shall include his or her name and license number. Interim documents shall include a notation as to the intended purpose of the document, such as preliminary, not for construction, for plan check only, or for review only. All civil engineering plans and specifications that are permitted or that are to be released for construction shall bear the signature and seal or stamp of the licensee and the date of signing and sealing or stamping. All final civil engineering calculations and reports shall bear the signature and seal or stamp of the licensee, and the date of signing and sealing or stamping. If civil engineering plans are required to be signed and sealed or stamped and have multiple sheets, the signature, seal or stamp, and date of signing and sealing or stamping shall appear on each sheet of the plans. If civil engineering specifications, calculations, and reports are required to be signed and sealed or stamped and have multiple pages, the signature, seal or stamp, and date of signing and sealing or stamping shall appear at a minimum on the title sheet, cover sheet, or signature sheet.
(b)(1)All civil engineering plans, calculations, specifications, and reports for the construction of structures described in paragraph (2) shall be prepared by, or under the responsible charge of, a licensed architect holding a valid certificate under Chapter 3 (commencing with Section 5500) or a licensed civil engineer who is also licensed as a structural engineer in accordance with Section 6736.
(2)All public school structures, as provided under Chapter 3 (commencing with Section 17251) of Part 10.5 of Division 1 of Title 1 of the Education Code.
(c)(1)All civil engineering plans, calculations, specifications, and reports for the construction of the structures described in paragraph (2) shall be prepared by, or under the responsible charge of, a licensed civil engineer who is also licensed as a structural engineer in accordance with Section 6736.
(2)Hospitals and other medical facilities having surgery and emergency treatment areas, as provided under Part 7 (commencing with Section 129675) of Division 107 of the Health and Safety Code.
(d)
(b)Notwithstanding subdivision (a) or (b), (a), a licensed civil engineer who signs civil engineering documents shall not be responsible for damage caused by subsequent changes to or uses of those documents, if the subsequent changes or uses, including changes or uses made by state or local governmental agencies, are not authorized or approved by the licensed civil engineer who originally signed the documents, provided that the engineering service rendered by the civil engineer who signed the documents was not also a proximate cause of the damage.
SEC. 5.Section 7083 of the Business and Professions Code is amended to read:7083.All (a) Notwithstanding any other law, licensees shall notify the registrar, on a form prescribed by the registrar, in writing within 90 days of any change to information recorded under this chapter. This notification requirement shall include, but not be limited to, changes in business address, personnel, business name, qualifying individual bond exemption pursuant to Section 7071.9, or exemption to qualify multiple licenses pursuant to Section 7068.1.
(b)Failure of the licensee to notify the registrar of any change to information within 90 days shall cause the change to be effective the date the written notification is received at the boards headquarters office.
(c)Failure to notify the registrar of the changes within the 90 days is grounds for disciplinary action.
SEC. 6.Section 7200 of the Business and Professions Code is amended to read:7200.(a)There is in the Department of Consumer Affairs a State Board of Guide Dogs for the Blind in whom enforcement of this chapter is vested. The board shall consist of seven members appointed by the Governor. One member shall be the Director of Rehabilitation or his or her designated representative. The remaining members shall be persons who have shown a particular interest in dealing with the problems of the blind, persons who are blind or visually impaired and at least two of them shall be blind persons who are blind or visually impaired who use guide dogs.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 7.Section 7200.5 of the Business and Professions Code is amended to read:7200.5.The board shall have exclusive authority in this state to issue licenses for the instruction of blind persons who are blind or visually impaired in the use of guide dogs and for the training of guide dogs for use by blind persons. persons who are blind or visually impaired. It shall also have exclusive authority in this state to issue licenses to operate schools for the training of guide dogs for the blind, and the instruction of blind persons who are blind or visually impaired in the use of guide dogs.
SEC. 8.Section 7200.7 of the Business and Professions Code is amended to read:7200.7.A fee equal to no more than 0.005 of all school expenses incurred in the most recently concluded school calendar fiscal year, as specified in the audit required under Section 7217, shall be paid no later than April 30 of each year for renewal of a schools license pursuant to Section 7200.5. The board shall, by regulation, define the exact amount of the fee. All fees collected pursuant to this section shall be deposited into the Guide Dogs for the Blind Fund, which is hereby created.
SEC. 9.Section 7201 of the Business and Professions Code is amended to read:7201.No person shall be eligible to membership in the board who is a stockholder in, or an owner of, or financially interested directly or indirectly, in any company, organization, or concern supplying, delivering, or furnishing any guide dogs for use by the blind. persons who are blind or visually impaired.
SEC. 10.Section 7202 of the Business and Professions Code is amended to read:7202.Each of the appointed members of the board shall hold office for a term of four years and until his or her successor is appointed and qualified or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. No person shall serve as an appointed member of the board for more than two consecutive terms, but this provision shall not apply to any member in office at the time this provision takes effect. terms.
SEC. 11.Section 7208 of the Business and Professions Code is amended to read:7208.Pursuant to the provisions of the Administrative Procedure Act the board may make such rules and regulations as are reasonably necessary to:
(a)Govern the procedure of the board.
(b)Govern the admission of applicants for examination for license to instruct blind persons who are blind or visually impaired in the use of guide dogs or to engage in the business of training, selling, hiring, or being in the business of supplying guide dogs for the blind. persons who are blind or visually impaired.
(c)Govern the operation of schools which furnish guide dogs and train blind persons who are blind or visually impaired to use guide dogs.
(d)The reissuance of licenses.
(e)The reexamination of licensees.
SEC. 12.Section 7209 of the Business and Professions Code is amended to read:7209.A person to be eligible for examination as an instructor must (1) (a) have a knowledge of the special problems of the blind persons who are blind or visually impaired and how to teach them, (2) (b) be able to demonstrate by actual blindfold test under traffic conditions his or her ability to train guide dogs with whom a blind person persons who are blind or visually impaired would be safe, (3) (c) be suited temperamentally and otherwise to instruct blind persons who are blind or visually impaired in the use of guide dogs, and (4) (d) have had at least three years actual experience, comprising such number of hours as the board may require, as an instructor, and have handled twenty-two (22) man-dog 22 person-dog units; or its equivalent, as determined by the board, as an apprentice under a licensed instructor or under an instructor in a school satisfactory to the board.
SEC. 13.Section 7209.5 of the Business and Professions Code is amended to read:7209.5.Except as the context otherwise requires, as used in this chapter the term instructor means a person who instructs blind persons who are blind or visually impaired in the use of guide dogs or who engages in the business of training, selling, hiring, or supplying guide dogs for the blind. persons who are blind or visually impaired.
SEC. 14.Section 7210.5 of the Business and Professions Code is amended to read:7210.5.It is unlawful to solicit funds for any person purporting to provide guide dogs for the blind persons who are blind or visually impaired in this state unless the person for whose benefit the solicitation is made holds a valid and unimpaired license issued by the State Board of Guide Dogs for the Blind.
As used in this section person means an individual, firm, partnership, association, corporation, limited liability company, or cooperative association.
SEC. 15.Section 7211.1 of the Business and Professions Code is amended to read:7211.1.(a)As a condition of renewal of an instructors license, the instructor shall provide proof of completion of not less than 8 hours of continuing education. The board shall determine the form of proof.
(b)Continuing education shall meet the criteria specified in Section 166, and shall be in one or more of the following subject matter areas:
(1)Blindness and mobility.
(2)Health issues relating to blindness.
(3)Instructing blind persons. persons who are blind or visually impaired.
(4)Care and training of dogs.
(c)This section shall apply to renewal of instructors licenses which expire on or after June 30, 1996.
SEC. 16.Section 7211.2 of the Business and Professions Code is amended to read:7211.2.A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information information, or indictment.
SEC. 17.Section 7215 of the Business and Professions Code is amended to read:7215.No person shall sell, give, or furnish any guide dog to a blind person who is blind or visually impaired unless the following requirements have been met:
(a)The dog has been immunized against distemper and rabies.
(b)The dog has been spayed or neutered.
(c)The dog has been examined by a licensed veterinarian and found to be in good health.
A certificate from a veterinarian certifying to the foregoing shall be delivered to the recipient of the dog at the time the dog is assigned to a client.
SEC. 18.Section 7215.5 of the Business and Professions Code is amended to read:7215.5.(a)During the first year following the successful training of each person-dog unit, and release from a guide dog training school of the trained person supplied with a guide dog, the school may retain title to the trained dog. During this probationary year, the school may enter into a contractual agreement with the user of the dog describing the conditions under which the user may maintain the status of legal custodian of the dog. During the probationary year, the school, acting in what it deems to be the best interest of the user, the dog, or the public, may temporarily or permanently resume possession of the dog.
(b)Within 15 days after the end of each calendar fiscal year, each licensed school shall report to the board the following:
(1)The number of dog ownership titles transferred to dog users pursuant to this section during the calendar year.
(2)The number of title recoveries and repossessions made by the school pursuant to this section during the calendar year.
(3)The number, type, and amount of charges assessed for followup training, instruction, veterinary, or boarding services, pursuant to this section, which make a distinction between users who have acquired title to their dogs and users who have not acquired title.
(4)The views of the governing entity of the school as to any problems or concerns relative to compliance with the provisions of this section, along with recommendations for appropriate legislative or administrative changes commensurate with the purposes of this section.
(c)Immediately upon completion of the first year following the successful training referred to above, if the training school and the dog user are mutually satisfied with the operation of the person-dog unit, title to the dog shall be transferred to the blind user who is blind or visually impaired if the user so desires. Transfer of title shall be evidenced by a transfer of title agreement executed by both parties thereto. The school may retain an option to recover title and possession to the guide dog subject to conditions described in the transfer of title agreement. These conditions may include, but are not limited to, the following:
(1)If in the schools opinion, the guide dog is being misused or neglected or mistreated by its blind user. user who is blind or visually impaired.
(2)If the blind person user to whom the dog was furnished has ceased to use the dog as a guide and the dog is not too old to be retrained as a guide for another blind person. person who is blind or visually impaired.
(3)If, in the schools opinion, the dog is no longer a safe guide and the user refuses to cease using the dog as a guide after being requested by the school to cease this use.
(d)The guide dog school shall make no distinction as to the quality or extent of followup or supportive services available to its blind graduates based on whether they elect to acquire title to their dogs or allow title to remain with the school after the probationary year. The school may, however, make this distinction when assessing reasonable and appropriate charges for followup training, instruction, veterinary, or boarding services.
(e)No applicant for admission to a guide dog training school, nor any enrolled student, shall be required by the school prior to completion of his or her training to sign any instrument or to announce his or her intention regarding transfer of title of the dog from the school to himself or herself upon completion of the training and probation period.
SEC. 19.Section 7217 of the Business and Professions Code is amended to read:7217.(a)Within 60 days after the end of a calendar year or after the termination of the fiscal year of a school, there shall be furnished to the board the following:
(1)A list of students accepted for training and those who have completed training.
(2)A list of the number of dogs trained.
(b)Within 90 days after the end of a calendar fiscal year, there shall be furnished to the board an independent audit of the schools finances by a certified public accountant licensed by this state.
SECTION 1.SEC. 20.Section 7303 of the Business and Professions Code is amended to read:7303.(a)Notwithstanding Article 8 (commencing with Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, there is in the Department of Consumer Affairs the State Board of Barbering and Cosmetology in which the administration of this chapter is vested.
(b)The board shall consist of nine members. Five members shall be public members, and four members shall represent the professions. The Governor shall appoint three of the public members and the four professional members. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one public member. Members of the board shall be appointed for a term of four years, except that of the members appointed by the Governor, two of the public members and two of the professions members shall be appointed for an initial term of two years. No board member may serve longer than two consecutive terms.
(c)The board may appoint an executive officer who is exempt from civil service. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. The appointment of the executive officer is subject to the approval of the director. In the event that a newly authorized board replaces an existing or previous bureau, the director may appoint an interim executive officer for the board who shall serve temporarily until the new board appoints a permanent executive officer.
(d)The executive officer shall provide examiners, inspectors, and other personnel necessary to carry out the provisions of this chapter.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.SEC. 21.Section 7303.2 of the Business and Professions Code is amended to read:7303.2.The board shall conduct the following reviews, and shall report its findings and recommendations to the Assembly Committee on Business and Professions and the Senate Committee on Business, Professions, and Economic Development no later than November 1, 2018:
(a)The board, pursuant to Section 139, shall review the 1,600-hour training requirement for cosmetologists, conduct an occupational analysis of the cosmetology profession in California, and conduct a review of the national written examination for cosmetologists and of the practical examination, in order to evaluate whether both examinations assess critical competencies for California cosmetologists and meet professional testing standards.
(b)The board shall review the Spanish language examination if, by January 1, 2016, the pass rate for Spanish speakers did not increase to the average pass rate for all other language examinations during the two-year period prior to January 1, 2016.
SEC. 3.SEC. 22.Section 7304 of the Business and Professions Code is repealed.SEC. 4.SEC. 23.Section 7308 of the Business and Professions Code is repealed.SEC. 5.SEC. 24.Section 7313 of the Business and Professions Code is amended to read:7313.(a)(1)To ensure compliance with the laws and regulations of this chapter, the boards executive officer and authorized representatives shall, except as provided by Section 159.5, have access to, and shall inspect, any establishment or mobile unit during business hours or at any time in which barbering, cosmetology, or electrolysis are being performed. It is the intent of the Legislature that inspections be conducted on Saturdays and Sundays as well as weekdays, if collective bargaining agreements and civil service provisions permit.
(2)The board shall maintain a program of random and targeted inspections of establishments to ensure compliance with applicable laws relating to the public health and safety and the conduct and operation of establishments. The board or its authorized representatives shall inspect establishments to reasonably determine compliance levels and to identify market conditions that require targeted enforcement. The board shall not reduce the number of employees assigned to perform random inspections, targeted inspections, and investigations relating to field operations below the level funded by the annual Budget Act and described in supporting budget documents, and shall not redirect funds or personnel-years allocated to those inspection and investigation purposes to other purposes.
(b)To ensure compliance with health and safety requirements adopted by the board, the executive officer and authorized representatives shall, except as provided in Section 159.5, have access to, and shall inspect the premises of, all schools in which the practice of barbering, cosmetology, or electrolysis is performed on the public. Notices of violation shall be issued to schools for violations of regulations governing conditions related to the health and safety of patrons. Each notice shall specify the section violated and a timespan within which the violation must be corrected. A copy of the notice of violation shall be provided to the Bureau for Private Postsecondary Education.
(c)With prior written authorization from the board or its executive officer, any member of the board may enter and visit, in his or her capacity as a board member, any establishment, during business hours or at any time when barbering, cosmetology, or electrolysis is being performed. The visitation by a board member shall be for the purpose of conducting official board business, but shall not be used as a basis for any licensing disciplinary action by the board.
(d)The board shall adopt a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers. The board shall evaluate the protocol every two years to ensure the protocol remains current.
SEC. 6.SEC. 25.Section 7314.3 is added to the Business and Professions Code, 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.
SEC. 7.SEC. 26.Section 7395.1 of the Business and Professions Code is amended to read:7395.1.(a)A student who is enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary Education in a course approved by the board may, upon completion of a minimum of 60 percent of the clock hours required for graduation in the course, work as an unpaid extern in a cosmetology establishment participating in the educational program of the school of cosmetology.
(b)A person working as an extern shall receive clock hour credit toward graduation, but that credit shall not exceed eight hours per week and shall not exceed 10 percent of the total clock hours required for completion of the course.
(c)The externship program shall be conducted in cosmetology establishments meeting all of the following criteria:
(1)The establishment is licensed by the board.
(2)The establishment has a minimum of four licensees working at the establishment, including employees and owners or managers.
(3)All licensees at the establishment are in good standing with the board.
(4)Licensees working at the establishment work for salaries or commissions rather than on a space rental basis.
(5)No more than one extern shall work in an establishment for every four licensees working in the establishment. No regularly employed licensee shall be displaced or have his or her work hours reduced or altered to accommodate the placement of an extern in an establishment. Prior to placement of the extern, the establishment shall agree in writing sent to the school and to all affected licensees that no reduction or alteration of any licensees current work schedule shall occur. This shall not prevent a licensee from voluntarily reducing or altering his or her work schedule.
(6)Externs shall wear conspicuous school identification at all times while working in the establishment, and shall carry a school laminated identification, that includes a picture, in a form approved by the board.
(d)(1)No less than 90 percent of the responsibilities and duties of the extern shall consist of the acts included within the practice of cosmetology as defined in Section 7316.
(2)The establishment shall consult with the assigning school regarding the externs progress during the unpaid externship. The owner or manager of the establishment shall monitor and report on the students progress to the school on a regular basis, with assistance from supervising licensees.
(3)A participating school shall assess the externs learning outcome from the externship program. The school shall maintain accurate records of the externs educational experience in the externship program and records that indicate how the externs learning outcome translates into course credit.
(e)Participation in an externship program made available by a school shall be voluntary, may be terminated by the student at any time, and shall not be a prerequisite for graduation.
(f)The cosmetology establishment that chooses to utilize the extern is liable for the externs general liability insurance, as well as cosmetology malpractice liability insurance, and shall furnish proof to the participating school that the establishment is covered by both forms of liability insurance and that the extern is covered under that insurance.
(g)(1)It is the purpose of the externship program authorized by this section to provide students with skills, knowledge, and attitudes necessary to acquire employment in the field for which they are being trained, and to extend formalized classroom instruction.
(2)Instruction shall be based on skills, knowledge, attitudes, and performance levels in the area of cosmetology for which the instruction is conducted.
(3)An extern may perform only acts listed within the definition of the practice of cosmetology as provided in Section 7316, if a licensee directly supervises those acts, except that an extern may not use or apply chemical treatments unless the extern has received appropriate training in application of those treatments from an approved cosmetology school. An extern may work on a paying client only in an assisting capacity and only with the direct and immediate supervision of a licensee.
(4)The extern shall not perform any work in a manner that would violate law.
SEC. 8.SEC. 27.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 7347 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.
SEC. 9.SEC. 28.Section 7402.5 is added to the Business and Professions Code, to read:7402.5.(a)For purposes of this section, a personal service permit means a permit that authorizes an individual to perform services, for which he or she holds a license pursuant to this chapter, outside of an establishment, as defined in Section 7346, in accordance with the regulations established by the board.
(b)The board may issue a personal service permit to an individual who meets the criteria for a personal service permit set forth in regulation.
(c)The board shall issue regulations regarding a personal service permit. In establishing the regulations, the board shall hold, at a minimum, two stakeholder meetings.
(1)The board shall determine the appropriate licensing categories that may apply for a personal service permit in order to protect consumer safety.
(2)The board shall authorize a personal service permit holder to perform services outside of a licensed establishment.
(3)The board shall not exempt a personal service permit holder from any of the boards existing regulations or requirements on health and safety.
(4)The board shall not require a personal service permit holder to be employed by an establishment, unless the board determines that it would be necessary in order to maintain consumer safety.
(5)The regulations may require an applicant for a personal service permit to have proof of liability insurance and to pass a criminal background clearance.
(d)A personal service permit shall be valid for two years and shall be renewed prior to expiration. The fee for a personal service permit shall be no greater than fifty dollars ($50). The fee for the renewal of a personal service permit shall be no greater than fifty dollars ($50). The delinquency fee shall be 50 percent of the renewal fee in effect on the date of the renewal.
(e)The board shall report on the progress of the regulatory process and issuance of personal service permits to the Legislature on or before July 1, 2017.
(1)The report shall be submitted in compliance with Section 9795 of the Government Code.
(2)The requirement to report to the Legislature under this subdivision is inoperative on July 1, 2021, pursuant to Section 10231.5 of the Government Code.
SEC. 10.SEC. 29.Section 7404 of the Business and Professions Code is amended to read:7404.The grounds for disciplinary action are as follows:
(a)Unprofessional conduct which includes, but is not limited to, any of the following:
(1)Incompetence or gross negligence, including failure to comply with generally accepted standards for the practice of barbering, cosmetology, or electrology or disregard for the health and safety of patrons.
(2)Repeated similar negligent acts.
(3)Conviction of any crime substantially related to the qualifications, functions, or duties of the licenseholder, in which case, the records of conviction or a certified copy shall be conclusive evidence thereof.
(4)Advertising by means of knowingly false or deceptive statements.
(b)Failure to comply with the requirements of this chapter.
(c)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 establishments, or any practice licensed and regulated under this chapter.
(d)Failure to comply with the rules adopted by the board for the regulation of establishments, or any practice licensed and regulated under this chapter.
(e)Continued practice by a person knowingly having an infectious or contagious disease.
(f)Habitual drunkenness, habitual use of or addiction to the use of any controlled substance.
(g)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.
(h)Failure to display the license or health and safety rules and regulations in a conspicuous place.
(i)Engaging, outside of a licensed establishment and for compensation in any form whatever, in any practice for which a license is required under this chapter, except that when the service is provided because of illness or other physical or mental incapacitation of the recipient of the service and when performed by a licensee obtained for the purpose from a licensed establishment.
(j)Permitting a license to be used where the holder is not personally, actively, and continuously engaged in business.
(k)The making of any false statement as to a material matter in any oath or affidavit, which is required by the provisions of this chapter.
(l)Refusal to permit or interference with an inspection authorized under this chapter.
(m)Any action or conduct which would have warranted the denial of a license.
(n)Failure to surrender a license that was issued in error or by mistake.
SEC. 11.SEC. 30.Section 7407 of the Business and Professions Code is amended to read:7407.The board shall establish by regulation a schedule of administrative fines for violations of this chapter. All moneys collected under this section shall be deposited in the boards contingent fund.
The schedule shall indicate for each type of violation whether, in the boards discretion, the violation can be corrected. The board shall ensure that it and the Bureau for Private Postsecondary Education do not issue citations for the same violation.
SEC. 31.Section 7685 of the Business and Professions Code is amended to read:7685.(a)(1)Every funeral director shall provide to any person, upon beginning discussion of prices or of the funeral goods and services offered, a written or printed list containing, but not necessarily limited to, the price for professional services offered, which may include the funeral directors services, the preparation of the body, the use of facilities, and the use of automotive equipment. All services included in this price or prices shall be enumerated. The funeral director shall also provide a statement on that list that gives the price range for all caskets offered for sale.
(2)The list shall also include a statement indicating that the survivor of the deceased who is handling the funeral arrangements, or the responsible party, is entitled to receive, prior to the drafting of any contract, a copy of any preneed agreement that has been signed and paid for, in full or in part, by or on behalf of the deceased, and that is in the possession of the funeral establishment.
(3)The funeral director shall also provide a written statement or list that, at a minimum, specifically identifies a particular casket or caskets by price and by thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements under Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, when a request for specific information on a casket or caskets is made in person by any individual. Prices of caskets and other identifying features such as thickness of metal, or type of wood, or other construction, interior and color, in addition to other casket identification requirements required to be given over the telephone by Part 453 of Title 16 of the Code of Federal Regulations and any subsequent version of this regulation, shall be provided over the telephone, if requested.
(b)(1)Each licensed funeral establishment that maintains an Internet Web site shall post on its Internet Web site the list of funeral goods and services that are required to be included in the establishments general price list, pursuant to federal rule, and a statement that the general price list is available upon request.
(2)Information posted pursuant to paragraph (1) shall be provided by a link from the home page homepage of the Internet Web site. site with a word or combination of words, including, but not limited to, goods, merchandise, products, or services.
(3)An establishment that posts on its Internet Web site home page the words price information or a similar phrase that includes the word price, with a link that leads to the establishments general price list, need not comply with paragraphs (1) or (2).
(4)Nothing in this subdivision shall be construed to affect an establishments obligations under federal or state law effective prior to January 1, 2013.
(5)This subdivision shall become operative on January 1, 2013.
SEC. 32.Section 7818 of the Business and Professions Code is amended to read:7818.The board, pursuant to the provisions contained in Chapter 4.5 3.5 (commencing with Section 11371) 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may adopt, amend or repeal rules and regulations to carry out the provisions of this chapter.
SEC. 33.Section 8508 of the Business and Professions Code is amended to read:8508.Household means any structure and its contents which that are used for man and his persons and their convenience.
SEC. 34.Section 8513 of the Business and Professions Code is amended to read:8513.(a)The board shall prescribe a form entitled Notice to Owner that shall describe, in nontechnical language and in a clear and coherent manner using words with common and everyday meaning, the pertinent provisions of this states mechanics lien laws and the rights and responsibilities of an owner of property and a registered pest control company thereunder. Each company registered under this chapter, prior to entering into a contract with an owner for work for which a company registration is required, shall give a copy of this Notice to Owner to the owner, his or her agent, or the payer.
(b)No company that is required to be registered under this chapter shall require or request a waiver of lien rights from any subcontractor, employee, or supplier.
(c)Each company registered under this chapter that acts as a subcontractor for another company registered under this chapter shall, within 20 days of commencement of any work for which a company registration is required, give the preliminary notice in accordance with Chapter 2 (commencing with Section 8200) of Title 2 of Part 6 of Division 4 of the Civil Code, to the owner, his or her agent, or the payer.
(d)Each company registered under this chapter that acts as a prime contractor for work for which a company registration is required shall, prior to accepting payment for the work, furnish to the owner, his or her agent, or the payer a full and unconditional release from any claim of mechanics lien by any subcontractor entitled to enforce a mechanics lien pursuant to Section 8410 of the Civil Code.
(e)Each company registered under this chapter that subcontracts to another company registered under this chapter work for which a company registration is required shall furnish to the subcontractor the name of the owner, his or her agent, or the payer.
(f)The provisions of this section shall be applicable only to those registered companies, as defined in Section 8506.1, operating pursuant to a Branch 1 or Branch 3 registration.
(g)
(f)A violation of the provisions of this section is a ground for disciplinary action.
SEC. 35.Section 8516.5 of the Business and Professions Code is repealed.8516.5.Any registered company that makes an inspection of any property relating to the absence or presence of wood destroying pests or organisms on such property and makes a report of such inspection shall furnish a copy of the report either to the owner of the property or to the agent of the owner, within 10 working days after the date the inspection is commenced, except an inspection report prepared for use by an attorney for litigation is not required to be furnished.
SEC. 36.Section 8552 of the Business and Professions Code is amended to read:8552.It is unlawful for any person to advertise or represent in any manner that any pest control work, in whole or in part, has been done upon any structure, unless the work has been performed by a company registered under registered company, except as otherwise provided in this chapter.
SEC. 37.Section 8611 of the Business and Professions Code is amended to read:8611.(a)Each branch office shall have a branch supervisor designated by the registered company to supervise and assist the companys employees who are located at that branch. The branch supervisor shall be an individual who is licensed by the board as an operator or a field representative in the branch or branches of business being conducted and his or her license shall be prominently displayed in the branch office.
(b)If a branch supervisor ceases for any reason to be connected with a registered company, the company shall notify the registrar in writing within 10 days from that cessation. If this notice is given, the companys branch office registration shall remain in force for a reasonable length of time to be determined by rules of the board, during which period the company shall submit to the registrar in writing the name of another qualified branch supervisor.
SEC. 38.Section 17913 of the Business and Professions Code is amended to read:17913.(a)The fictitious business name statement shall contain all of the information required by this subdivision and shall be substantially in the following form:
FICTITIOUS BUSINESS NAME STATEMENT | |
The following person (persons) is (are) doing business as | |
* | |
at ** : | |
*** | |
This business is conducted by **** | |
The registrant commenced to transact business under the fictitious business name or names listed above on | |
***** | |
I declare that all information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).) | |
Registrant signature | |
Statement filed with the County Clerk of ____ County on | |
NOTICEIN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE RESIDENCE ADDRESS OF A REGISTERED OWNER. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION.
THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION 14411 ET SEQ., BUSINESS AND PROFESSIONS CODE).
(b)The fictitious business name statement shall contain the following information set forth in the manner indicated in the form provided by subdivision (a):
(1)Where the asterisk (*) appears in the form, insert the fictitious business name or names. Only those businesses operated at the same address and under the same ownership may be listed on one fictitious business name statement.
(2)Where the two asterisks (**) appear in the form: If the registrant has a place of business in this state, insert the street address, and county, of his or her principal place of business in this state. If the registrant has no place of business in this state, insert the street address, and county, of his or her principal place of business outside this state.
(3)Where the three asterisks (***) appear in the form: If the registrant is an individual, insert his or her full name and residence address. If the registrants are a married couple, insert the full name and residence address of both parties to the marriage. If the registrant is a general partnership, copartnership, joint venture, or limited liability partnership, insert the full name and residence address of each general partner. If the registrant is a limited partnership, insert the full name and residence address of each general partner. If the registrant is a limited liability company, insert the name and address of the limited liability company, as set out in its articles of organization on file with the California Secretary of State, and the state of organization. If the registrant is a trust, insert the full name and residence address of each trustee. If the registrant is a corporation, insert the name and address of the corporation, as set out in its articles of incorporation on file with the California Secretary of State, and the state of incorporation. If the registrants are state or local registered domestic partners, insert the full name and residence address of each domestic partner. If the registrant is an unincorporated association other than a partnership, insert the name of each person who is interested in the business of the association and whose liability with respect to the association is substantially the same as that of a general partner.
(4)Where the four asterisks (****) appear in the form, insert whichever of the following best describes the nature of the business: (i) an individual, (ii) a general partnership, (iii) a limited partnership, (iv) a limited liability company, (v) an unincorporated association other than a partnership, (vi) a corporation, (vii) a trust, (viii) copartners, (ix) a a married couple, (x) joint venture, (xi) state or local registered domestic partners, or (xii) a limited liability partnership.
(5)Where the five asterisks (*****) appear in the form, insert the date on which the registrant first commenced to transact business under the fictitious business name or names listed, if already transacting business under that name or names. If the registrant has not yet commenced to transact business under the fictitious business name or names listed, insert the statement, Not applicable.
(c)The registrant shall declare that all of the information in the fictitious business statement is true and correct. A registrant who declares as true any material matter pursuant to this section that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).
(d)(1)At the time of filing of the fictitious business name statement, the registrant filing on behalf of the registrant shall present personal identification in the form of a California drivers license or other government identification acceptable to the county clerk to adequately determine the identity of the registrant filing on behalf of the registrant as provided in subdivision (e) and the county clerk may require the registrant to complete and sign an affidavit of identity.
(2)In the case of a registrant utilizing an agent for submission of the registrants fictitious business name statement for filing, at the time of filing of the fictitious business name statement, the agent filing on behalf of the registrant shall present personal identification in the form of a California drivers license or other government identification acceptable to the county clerk to adequately determine the identity of the agent filing on behalf of the registrant as provided in subdivision (e). The county clerk may also require the agent to submit a notarized statement signed by the registrant declaring the registrant has authorized the agent to submit the filing on behalf of the registrant.
(e)If the registrant is a corporation, a limited liability company, a limited partnership, or a limited liability partnership, the county clerk may require documentary evidence issued by the California Secretary of State and deemed acceptable by the county clerk, indicating the current existence and good standing of that business entity to be attached to a completed and notarized affidavit of identity, for purposes of subdivision (d).
(f)The county clerk may require a registrant that mails a fictitious business name statement to a county clerks office for filing to submit a completed and notarized affidavit of identity. A registrant that is a corporation, limited liability company, limited partnership, or limited liability partnership, if required by the county clerk to submit an affidavit of identity, shall also submit documentary evidence issued by the California Secretary of State indicating the current existence and good standing of that business entity.
(g)A county clerk that chooses to establish procedures pursuant to this section shall prescribe the form of affidavit of identity for filing by a registrant in that county.
SEC. 39.Section 13995.40 of the Government Code is amended to read:13995.40.(a)Upon approval of the initial referendum, the office shall establish a nonprofit mutual benefit corporation named the California Travel and Tourism Commission. The commission shall be under the direction of a board of commissioners, which shall function as the board of directors for purposes of the Nonprofit Corporation Law.
(b)The board of commissioners shall consist of 37 commissioners comprising the following:
(1)The director, who shall serve as chairperson.
(2)(A)Twelve members, who are professionally active in the tourism industry, and whose primary business, trade, or profession is directly related to the tourism industry, shall be appointed by the Governor. Each appointed commissioner shall represent only one of the 12 tourism regions designated by the office, and the appointed commissioners shall be selected so as to represent, to the greatest extent possible, the diverse elements of the tourism industry. Appointed commissioners are not limited to individuals who are employed by or represent assessed businesses.
(B)If an appointed commissioner ceases to be professionally active in the tourism industry or his or her primary business, trade, or profession ceases to be directly related to the tourism industry, he or she shall automatically cease to be an appointed commissioner 90 days following the date on which he or she ceases to meet both of the eligibility criteria specified in subparagraph (A), unless the commissioner becomes eligible again within that 90-day period.
(3)Twenty-four elected commissioners, including at least one representative of a travel agency or tour operator that is an assessed business.
(c)The commission established pursuant to Section 15364.52 shall be inoperative so long as the commission established pursuant to this section is in existence.
(d)Elected commissioners shall be elected by industry category in a referendum. Regardless of the number of ballots received for a referendum, the nominee for each commissioner slot with the most weighted votes from assessed businesses within that industry category shall be elected commissioner. In the event that an elected commissioner resigns, dies, or is removed from office during his or her term, the commission shall appoint a replacement from the same industry category that the commissioner in question represented, and that commissioner shall fill the remaining term of the commissioner in question. The number of commissioners elected from each industry category shall be determined by the weighted percentage of assessments from that category.
(e)The director may remove any elected commissioner following a hearing at which the commissioner is found guilty of abuse of office or moral turpitude.
(f)(1)The term of each elected commissioner shall commence July 1 of the year next following his or her election, and shall expire on June 30 of the fourth year following his or her election. If an elected commissioner ceases to be employed by or with an assessed business in the category and segment which he or she was representing, his or her term as an elected commissioner shall automatically terminate 90 days following the date on which he or she ceases to be so employed, unless, within that 90-day period, the commissioner again is employed by or with an assessed business in the same category and segment.
(2)Terms of elected commissioners that would otherwise expire effective December 31 of the year during which legislation adding this subdivision is enacted shall automatically be extended until June 30 of the following year.
(g)With the exception of the director, no commissioner shall serve for more than two consecutive terms. For purposes of this subdivision, the phrase two consecutive terms shall not include partial terms.
(h)Except for the original commissioners, all commissioners shall serve four-year terms. One-half of the commissioners originally appointed or elected shall serve a two-year term, while the remainder shall serve a four-year term. Every two years thereafter, one-half of the commissioners shall be appointed or elected by referendum.
(i)The selection committee shall determine the initial slate of candidates for elected commissioners. Thereafter the commissioners, by adopted resolution, shall nominate a slate of candidates, and shall include any additional candidates complying with the procedure described in Section 13995.62.
(j)The commissioners shall elect a vice chairperson from the elected commissioners.
(k)The commission may lease space from the office.
(l)The commission and the office shall be the official state representatives of California tourism.
(m)A California location shall be available for all commission meetings.
(m)(1)All commission meetings shall be held in California.
(2)Commissioners may participate in meetings by means of conference telephone and other technology.
(n)No person shall receive compensation for serving as a commissioner, but each commissioner shall receive reimbursement for reasonable expenses incurred while on authorized commission business.
(o)Assessed businesses shall vote only for commissioners representing their industry category.
(p)Commissioners shall comply with the requirements of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)). The Legislature finds and declares that commissioners appointed or elected on the basis of membership in a particular tourism segment are appointed or elected to represent and serve the economic interests of those tourism segments and that the economic interests of these members are the same as those of the public generally.
(q)Commission meetings shall be subject to the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1).
(r)The executive director of the commission shall serve as secretary to the commission, a nonvoting position, and shall keep the minutes and records of all commission meetings.
SEC. 40.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Notwithstanding Article 8 (commencing with Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, there is in the Department of Consumer Affairs the State Board of Barbering and Cosmetology in which the administration of this chapter is vested.
(b)The board shall consist of nine members. Five members shall be public members, and four members shall represent the professions. The Governor shall appoint three of the public members and the four professional members. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one public member. Members of the board shall be appointed for a term of four years, except that of the members appointed by the Governor, two of the public members and two of the professions members shall be appointed for an initial term of two years. No board member may serve longer than two consecutive terms.
(c)The board may appoint an executive officer who is exempt from civil service. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. The appointment of the executive officer is subject to the approval of the director. In the event that a newly authorized board replaces an existing or previous bureau, the director may appoint an interim executive officer for the board who shall serve temporarily until the new board appoints a permanent executive officer.
(d)The executive officer shall provide examiners, inspectors, and other personnel necessary to carry out the provisions of this chapter.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 7303.2 of the Business and Professions Code is amended to read:7303.2.The board shall conduct the following reviews, and shall report its findings and recommendations to the Assembly Committee on Business and Professions and the Senate Committee on Business, Professions, and Economic Development no later than November 1, 2018:
(a)The board, pursuant to Section 139 and under the oversight of the Office of Professional Examination Services of the department, 139, shall review the 1,600-hour training requirement for cosmetologists, conduct an occupational analysis of the cosmetology profession in California, and conduct a review of the national written examination for cosmetologists and of the California practical examination, in order to evaluate whether both examinations assess critical competencies for California cosmetologists and meet professional testing standards.
(b)The board shall review the Spanish language examination and curriculum requirements to determine if, by January 1, 2016, the pass rate for Spanish speakers did not increase to the average pass rate for all other language examinations during the two-year period prior to January 1, 2016.
SEC. 3.Section 7304 of the Business and Professions Code is repealed.7304.The board shall be subject to review pursuant to Division 1.2 (commencing with Section 473).
SEC. 3.SEC. 4.Section 7308 of the Business and Professions Code is repealed.SEC. 4.SEC. 5.Section 7313 of the Business and Professions Code is amended to read:7313.(a)(1)To ensure compliance with the laws and regulations of this chapter, the boards executive officer and authorized representatives shall, except as provided by Section 159.5, have access to, and shall inspect, any establishment or mobile unit during business hours or at any time in which barbering, cosmetology, or electrolysis are being performed. It is the intent of the Legislature that inspections be conducted on Saturdays and Sundays as well as weekdays, if collective bargaining agreements and civil service provisions permit.
(2)The board shall maintain a program of random and targeted inspections of establishments to ensure compliance with applicable laws relating to the public health and safety and the conduct and operation of establishments. The board or its authorized representatives shall inspect establishments to reasonably determine compliance levels and to identify market conditions that require targeted enforcement. The board shall not reduce the number of employees assigned to perform random inspections, targeted inspections, and investigations relating to field operations below the level funded by the annual Budget Act and described in supporting budget documents, and shall not redirect funds or personnel-years allocated to those inspection and investigation purposes to other purposes.
(b)To ensure compliance with health and safety requirements adopted by the board, the executive officer and authorized representatives shall, except as provided in Section 159.5, have access to, and shall inspect the premises of, all schools in which the practice of barbering, cosmetology, or electrolysis is performed on the public. Notices of violation shall be issued to schools for violations of regulations governing conditions related to the health and safety of patrons. Each notice shall specify the section violated and a timespan within which the violation must be corrected. A copy of the notice of violation shall be provided to the Bureau for Private Postsecondary Education.
(c)With prior written authorization from the board or its executive officer, any member of the board may enter and visit, in his or her capacity as a board member, any establishment, during business hours or at any time when barbering, cosmetology, or electrolysis is being performed. The visitation by a board member shall be for the purpose of conducting official board business, but shall not be used as a basis for any licensing disciplinary action by the board.
(d)The board shall adopt a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers. The board shall evaluate the protocol every two years to ensure the protocol remains current.
SEC. 5.SEC. 6.Section 7314.3 is added to the Business and Professions Code, 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.
SEC. 6.SEC. 7.Section 7395.1 of the Business and Professions Code is amended to read:7395.1.(a)A student who is enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary Education in a course approved by the board may, upon completion of a minimum of 60 percent of the clock hours required for graduation in the course, work as an unpaid extern in a cosmetology establishment participating in the educational program of the school of cosmetology.
(b)A person working as an extern shall receive clock hour credit toward graduation, but that credit shall not exceed eight hours per week and shall not exceed 10 percent of the total clock hours required for completion of the course.
(c)The externship program shall be conducted in cosmetology establishments meeting all of the following criteria:
(1)The establishment is licensed by the board.
(2)The establishment has a minimum of four licensees working at the establishment, including employees and owners or managers.
(3)All licensees at the establishment are in good standing with the board.
(4)Licensees working at the establishment work for salaries or commissions rather than on a space rental basis.
(5)No more than one extern shall work in an establishment for every four licensees working in the establishment. No regularly employed licensee shall be displaced or have his or her work hours reduced or altered to accommodate the placement of an extern in an establishment. Prior to placement of the extern, the establishment shall agree in writing sent to the school and to all affected licensees that no reduction or alteration of any licensees current work schedule shall occur. This shall not prevent a licensee from voluntarily reducing or altering his or her work schedule.
(6)Externs shall wear conspicuous school identification at all times while working in the establishment, and shall carry a school laminated identification, that includes a picture, in a form approved by the board.
(d)(1)A school participating in the externship program shall provide the participating establishment and the extern with a syllabus containing applicable information specified in Section 73880 of Title 5 of the California Code of Regulations. The extern, the school, and the establishment shall agree to the terms of and sign the syllabus prior to the extern beginning work at the establishment. No less than 90 percent of the responsibilities and duties of the extern shall consist of the acts included within the practice of cosmetology as defined in Section 7316.
(2)The establishment shall consult with the assigning school regarding the externs progress during the unpaid externship. The owner or manager of the establishment shall monitor and report on the students progress to the school on a regular basis, with assistance from supervising licensees.
(3)A participating school shall assess the externs learning outcome from the externship program. The school shall maintain accurate records of the externs educational experience in the externship program and records that indicate how the externs learning outcome translates into course credit.
(e)Participation in an externship program made available by a school shall be voluntary, may be terminated by the student at any time, and shall not be a prerequisite for graduation.
(f)The cosmetology establishment that chooses to utilize the extern is liable for the externs general liability insurance, as well as cosmetology malpractice liability insurance, and shall furnish proof to the participating school that the establishment is covered by both forms of liability insurance and that the extern is covered under that insurance.
(g)(1)It is the purpose of the externship program authorized by this section to provide students with skills, knowledge, and attitudes necessary to acquire employment in the field for which they are being trained, and to extend formalized classroom instruction.
(2)Instruction shall be based on skills, knowledge, attitudes, and performance levels in the area of cosmetology for which the instruction is conducted.
(3)An extern may perform only acts listed within the definition of the practice of cosmetology as provided in Section 7316, if a licensee directly supervises those acts, except that an extern may not use or apply chemical treatments unless the extern has received appropriate training in application of those treatments from an approved cosmetology school. An extern may work on a paying client only in an assisting capacity and only with the direct and immediate supervision of a licensee.
(4)The extern shall not perform any work in a manner that would violate law.
SEC. 7.SEC. 8.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 7347 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.
SEC. 8.SEC. 9.Section 7402.5 is added to the Business and Professions Code, to read:7402.5.(a)For purposes of this section, a personal service permit means a permit that authorizes an individual to perform professional services, for which he or she holds a license pursuant to this chapter, outside of an establishment, as defined in Section 7346, in accordance with the regulations established by the board.
(b)The board may issue a personal service permit to an individual who meets the criteria for a personal service permit set forth in regulation.
(c)The board shall issue regulations regarding a personal service permit. In establishing the regulations, the board shall hold, at a minimum, two stakeholder meetings.
(1)The board shall determine the appropriate licensing categories that may apply for a personal service permit in order to protect consumer safety.
(2)The board shall authorize a personal service permit holder to perform services outside of a licensed establishment.
(3)The board shall not exempt a personal service permit holder from any of the boards existing regulations or requirements on health and safety.
(4)The board shall not require a personal service permit holder to be employed by an establishment, unless the board determines that it would be necessary in order to maintain consumer safety.
(5)The regulations may require an applicant for a personal service permit to have proof of liability insurance and to pass a criminal background clearance.
(d)A personal service permit shall be valid for two years and shall be renewed prior to expiration. The fee for a personal service permit shall be no greater than fifty dollars ($50). The fee for the renewal of a personal service permit shall be no greater than eighty fifty dollars ($80). ($50). The delinquency fee shall be 50 percent of the renewal fee in effect on the date of the renewal.
(e)The board shall report on the progress of the regulatory process and issuance of personal service permits to the Legislature on or before July 1, 2017.
(1)The report shall be submitted in compliance with Section 9795 of the Government Code.
(2)The requirement to report to the Legislature under this subdivision is inoperative on July 1, 2021, pursuant to Section 10231.5 of the Government Code.
SEC. 9.SEC. 10.Section 7404 of the Business and Professions Code is amended to read:7404.The grounds for disciplinary action are as follows:
(a)Unprofessional conduct which includes, but is not limited to, any of the following:
(1)Incompetence or gross negligence, including failure to comply with generally accepted standards for the practice of barbering, cosmetology, or electrology or disregard for the health and safety of patrons.
(2)Repeated similar negligent acts.
(3)Conviction of any crime substantially related to the qualifications, functions, or duties of the licenseholder, in which case, the records of conviction or a certified copy shall be conclusive evidence thereof.
(4)Advertising by means of knowingly false or deceptive statements.
(b)Failure to comply with the requirements of this chapter.
(c)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 establishments, or any practice licensed and regulated under this chapter.
(d)Failure to comply with the rules adopted by the board for the regulation of establishments, or any practice licensed and regulated under this chapter.
(e)Continued practice by a person knowingly having an infectious or contagious disease.
(f)Habitual drunkenness, habitual use of or addiction to the use of any controlled substance.
(g)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.
(h)Failure to display the license or health and safety rules and regulations in a conspicuous place.
(i)Engaging, outside of a licensed establishment and for compensation in any form whatever, in any practice for which a license is required under this chapter, except that when the service is provided because of illness or other physical or mental incapacitation of the recipient of the service and when performed by a licensee obtained for the purpose from a licensed establishment.
(j)Permitting a license to be used where the holder is not personally, actively, and continuously engaged in business.
(k)The making of any false statement as to a material matter in any oath or affidavit, which is required by the provisions of this chapter.
(l)Refusal to permit or interference with an inspection authorized under this chapter.
(m)Any action or conduct which would have warranted the denial of a license.
(n)Failure to surrender a license that was issued in error or by mistake.
SEC. 10.SEC. 11.Section 7407 of the Business and Professions Code is amended to read:7407.The board shall establish by regulation a schedule of administrative fines for violations of this chapter. All moneys collected under this section shall be deposited in the boards contingent fund.
The schedule shall indicate for each type of violation whether, in the boards discretion, the violation can be corrected. The board shall ensure that it and the Bureau for Private Postsecondary Education do not issue citations for the same violation.
(a)Notwithstanding Article 8 (commencing with Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, there is in the Department of Consumer Affairs the State Board of Barbering and Cosmetology in which the administration of this chapter is vested.
(b)The board shall consist of nine members. Five members shall be public members, and four members shall represent the professions. The Governor shall appoint three of the public members and the four professional members. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one public member. Members of the board shall be appointed for a term of four years, except that of the members appointed by the Governor, two of the public members and two of the professions members shall be appointed for an initial term of two years. No board member may serve longer than two consecutive terms.
(c)The board may appoint an executive officer who is exempt from civil service. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. The appointment of the executive officer is subject to the approval of the director. In the event that a newly authorized board replaces an existing or previous bureau, the director may appoint an interim executive officer for the board who shall serve temporarily until the new board appoints a permanent executive officer.
(d)The executive officer shall provide examiners, inspectors, and other personnel necessary to carry out the provisions of this chapter.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 7303.2 of the Business and Professions Code is amended to read:7303.2.The board shall conduct the following reviews, and shall report its findings and recommendations to the Assembly Committee on Business and Professions and the Senate Committee on Business, Professions, and Economic Development no later than November 1, 2018:
(a)The board, pursuant to Section 139 and in conjunction with under the oversight of the Office of Professional Examination Services of the department, shall review the 1600 hour 1,600-hour training requirement for cosmetologists. cosmetologists, conduct an occupational analysis of the cosmetology profession in California, and conduct a review of the national written examination for cosmetologists and of the California practical examination, in order to evaluate whether both examinations assess critical competencies for California cosmetologists and meet professional testing standards.
(b)The board shall review the Spanish language examination and curriculum requirements to determine if, by January 1, 2016, the pass rate for Spanish speakers did not increase to the average pass rate for all other language examinations during the two-year period prior to January 1, 2016.
SEC. 3.Section 7308 of the Business and Professions Code is repealed.SEC. 4.Section 7313 of the Business and Professions Code is amended to read:7313.(a)(1)To ensure compliance with the laws and regulations of this chapter, the boards executive officer and authorized representatives shall, except as provided by Section 159.5, have access to, and shall inspect, any establishment or mobile unit during business hours or at any time in which barbering, cosmetology, or electrolysis are being performed. It is the intent of the Legislature that inspections be conducted on Saturdays and Sundays as well as weekdays, if collective bargaining agreements and civil service provisions permit.
(2)The board shall maintain a program of random and targeted inspections of establishments to ensure compliance with applicable laws relating to the public health and safety and the conduct and operation of establishments. The board or its authorized representatives shall inspect establishments to reasonably determine compliance levels and to identify market conditions that require targeted enforcement. The board shall not reduce the number of employees assigned to perform random inspections, targeted inspections, and investigations relating to field operations below the level funded by the annual Budget Act and described in supporting budget documents, and shall not redirect funds or personnel-years allocated to those inspection and investigation purposes to other purposes.
(b)To ensure compliance with health and safety requirements adopted by the board, the executive officer and authorized representatives shall, except as provided in Section 159.5, have access to, and shall inspect the premises of, all schools in which the practice of barbering, cosmetology, or electrolysis is performed on the public. Notices of violation shall be issued to schools for violations of regulations governing conditions related to the health and safety of patrons. Each notice shall specify the section violated and a timespan within which the violation must be corrected. A copy of the notice of violation shall be provided to the Bureau for Private Postsecondary Education.
(c)With prior written authorization from the board or its executive officer, any member of the board may enter and visit, in his or her capacity as a board member, any establishment, during business hours or at any time when barbering, cosmetology, or electrolysis is being performed. The visitation by a board member shall be for the purpose of conducting official board business, but shall not be used as a basis for any licensing disciplinary action by the board.
(d)The board shall adopt regulations that establish a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers. The board shall evaluate the protocol every two years to ensure the protocol remains current.
SEC. 5.Section 7314.3 is added to the Business and Professions Code, 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.
SEC. 6.Section 7395.1 of the Business and Professions Code is amended to read:7395.1.(a)A student who is enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary Education in a course approved by the board may, upon completion of a minimum of 60 percent of the clock hours required for graduation in the course, work as an unpaid extern in a cosmetology establishment participating in the educational program of the school of cosmetology.
(b)A person working as an extern shall receive clock hour credit toward graduation, but that credit shall not exceed eight hours per week and shall not exceed 10 percent of the total clock hours required for completion of the course.
(c)The externship program shall be conducted in cosmetology establishments meeting all of the following criteria:
(1)The establishment is licensed by the board.
(2)The establishment has a minimum of four licensees working at the establishment, including employees and owners or managers.
(3)All licensees at the establishment are in good standing with the board.
(4)Licensees working at the establishment work for salaries or commissions rather than on a space rental basis.
(5)No more than one extern shall work in an establishment for every four licensees working in the establishment. No regularly employed licensee shall be displaced or have his or her work hours reduced or altered to accommodate the placement of an extern in an establishment. Prior to placement of the extern, the establishment shall agree in writing sent to the school and to all affected licensees that no reduction or alteration of any licensees current work schedule shall occur. This shall not prevent a licensee from voluntarily reducing or altering his or her work schedule.
(6)Externs shall wear conspicuous school identification at all times while working in the establishment, and shall carry a school laminated identification, that includes a picture, in a form approved by the board.
(d)(1)A school participating in the externship program shall provide the participating establishment and the extern with a syllabus containing applicable information specified in Section 73880 of Title 5 of the California Code of Regulations. The extern, the school, and the establishment shall agree to the terms of and sign the syllabus prior to the extern beginning work at the establishment. No less than 90 percent of the responsibilities and duties of the extern shall consist of the acts included within the practice of cosmetology as defined in Section 7316.
(2)The establishment shall consult with the assigning school regarding the externs progress during the unpaid externship. The owner or manager of the establishment shall monitor and report on the students progress to the school on a regular basis, with assistance from supervising licensees.
(3)A participating school shall assess the externs learning outcome from the externship program. The school shall maintain accurate records of the externs educational experience in the externship program and records that indicate how the externs learning outcome translates into course credit.
(e)Participation in an externship program made available by a school shall be voluntary, may be terminated by the student at any time, and shall not be a prerequisite for graduation.
(f)The cosmetology establishment that chooses to utilize the extern is liable for the externs general liability insurance, as well as cosmetology malpractice liability insurance, and shall furnish proof to the participating school that the establishment is covered by both forms of liability insurance and that the extern is covered under that insurance.
(g)(1)It is the purpose of the externship program authorized by this section to provide students with skills, knowledge, and attitudes necessary to acquire employment in the field for which they are being trained, and to extend formalized classroom instruction.
(2)Instruction shall be based on skills, knowledge, attitudes, and performance levels in the area of cosmetology for which the instruction is conducted.
(3)An extern may perform only acts listed within the definition of the practice of cosmetology as provided in Section 7316, if a licensee directly supervises those acts, except that an extern may not use or apply chemical treatments unless the extern has received appropriate training in application of those treatments from an approved cosmetology school. An extern may work on a paying client only in an assisting capacity and only with the direct and immediate supervision of a licensee.
(4)The extern shall not perform any work in a manner that would violate law.
SEC. 7.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 7347 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.
SEC. 8.Section 7402.5 is added to the Business and Professions Code, to read:7402.5.(a)For purposes of this section, a personal service permit means a permit that authorizes an individual to perform professional services, for which he or she holds a license pursuant to this chapter, outside of an establishment, as defined in Section 7346, in accordance with the regulations established by the board.
(b)The board may issue a personal service permit to an individual who meets the criteria for a personal service permit set forth in regulation.
(c)The board shall issue regulations regarding a personal service permit. In establishing the regulations, the board shall hold, at a minimum, two stakeholder meetings.
(1)The board shall determine the appropriate licensing categories that may apply for a personal service permit in order to protect consumer safety.
(2)The board shall authorize a personal service permit holder to perform services outside of a licensed establishment.
(3)The board shall not exempt a personal service permit holder from any of the boards existing regulations or requirements on health and safety.
(4)The board shall not require a personal service permit holder to be employed by an establishment, unless the board determines that it would be necessary in order to maintain consumer safety.
(5)The regulations may require an applicant for a personal service permit to have proof of liability insurance and to pass a criminal background clearance.
(d)A personal service permit shall be valid for two years and shall be renewed prior to expiration. The fee for a personal service permit shall be no greater than fifty dollars ($50). The fee for the renewal of a personal service permit shall be no greater than eighty dollars ($80). The delinquency fee shall be 50 percent of the renewal fee in effect on the date of the renewal.
(e)The board shall report on the progress of the regulatory process and issuance of personal service permits to the Legislature on or before July 1, 2017.
(1)The report shall be submitted in compliance with Section 9795 of the Government Code.
(2)The requirement to report to the Legislature under this subdivision is inoperative on July 1, 2021, pursuant to Section 10231.5 of the Government Code.
SEC. 8.SEC. 9.Section 7404 of the Business and Professions Code is amended to read:7404.The grounds for disciplinary action are as follows:
(a)Unprofessional conduct which includes, but is not limited to, any of the following:
(1)Incompetence or gross negligence, including failure to comply with generally accepted standards for the practice of barbering, cosmetology, or electrology or disregard for the health and safety of patrons.
(2)Repeated similar negligent acts.
(3)Conviction of any crime substantially related to the qualifications, functions, or duties of the licenseholder, in which case, the records of conviction or a certified copy shall be conclusive evidence thereof.
(4)Advertising by means of knowingly false or deceptive statements.
(b)Failure to comply with the requirements of this chapter.
(c)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 establishments, or any practice licensed and regulated under this chapter.
(d)Failure to comply with the rules adopted by the board for the regulation of establishments, or any practice licensed and regulated under this chapter.
(e)Continued practice by a person knowingly having an infectious or contagious disease.
(f)Habitual drunkenness, habitual use of or addiction to the use of any controlled substance.
(g)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.
(h)Failure to display the license or health and safety rules and regulations in a conspicuous place.
(i)Engaging, outside of a licensed establishment and for compensation in any form whatever, in any practice for which a license is required under this chapter, except that when the service is provided because of illness or other physical or mental incapacitation of the recipient of the service and when performed by a licensee obtained for the purpose from a licensed establishment.
(j)Permitting a license to be used where the holder is not personally, actively, and continuously engaged in business.
(k)The making of any false statement as to a material matter in any oath or affidavit, which is required by the provisions of this chapter.
(l)Refusal to permit or interference with an inspection authorized under this chapter.
(m)Any action or conduct which would have warranted the denial of a license.
(n)Failure to surrender a license that was issued in error or by mistake.
SEC. 9.SEC. 10.Section 7407 of the Business and Professions Code is amended to read:7407.The board shall establish by regulation a schedule of administrative fines for violations of this chapter. All moneys collected under this section shall be deposited in the boards contingent fund.
The schedule shall indicate for each type of violation whether, in the boards discretion, the violation can be corrected. The board shall ensure that it and the Bureau for Private Postsecondary Education do not issue citations for the same violation.
(a)Notwithstanding Article 8 (commencing with Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, there is in the Department of Consumer Affairs the State Board of Barbering and Cosmetology in which the administration of this chapter is vested.
(b)The board shall consist of nine members. Five members shall be public members, and four members shall represent the professions. The Governor shall appoint three of the public members and the four professional members. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one public member. Members of the board shall be appointed for a term of four years, except that of the members appointed by the Governor, two of the public members and two of the professions members shall be appointed for an initial term of two years. No board member may serve longer than two consecutive terms.
(c)The board may appoint an executive officer who is exempt from civil service. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. The appointment of the executive officer is subject to the approval of the director. In the event that a newly authorized board replaces an existing or previous bureau, the director may appoint an interim executive officer for the board who shall serve temporarily until the new board appoints a permanent executive officer.
(d)The executive officer shall provide examiners, inspectors, and other personnel necessary to carry out the provisions of this chapter.
(e)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 7303.2 of the Business and Professions Code is amended to read:7303.2.The board shall conduct the following studies and reviews, and shall report its findings and recommendations to the department and the Joint Committee on Boards, Commissions, and Consumer Protection no later than September 1, 2005: Assembly Committee on Business and Professions and the Senate Committee on Business, Professions, and Economic Development no later than November 1, 2018:
(a)The board, pursuant to Section 139 and in conjunction with the Office of Professional Examination Services of the department, shall review the 1600 hour training requirement for cosmetologists.
(b)The board, in conjunction with the Office of Professional Examination Services of the department, shall evaluate the equivalency of the national exam.
(c)The board shall conduct a study to assess the costs and benefits associated with requiring all applicants to submit fingerprint cards for background investigations.
(d)The board, in coordination with the Department of Industrial Relations, shall review all components of the apprenticeship program, including, but not limited to, the following:
(1)Apprenticeship curriculum requirements.
(2)The standards for the preapprentice trainers, program sponsors, trainers, and placement establishments. The board shall pay particular attention to ways to eliminate duplicative regulations.
(e)The board shall review all components of the externship program. In addition to structural changes, the board shall address the following:
(1)Whether the program should be eliminated.
(2)Whether the program should be available to all students, not just cosmetology students attending private schools.
(3)Whether the students should be paid.
(f)The board shall assess the costs and benefits associated with same day licensing. If the board determines that the benefits of same day licensing outweigh the costs, the board shall immediately plan and implement safety measures to protect site staff and undispersed licenses.
(g)The board, in conjunction with the Office of Professional Examination Services of the department, shall assess the validity of aggregate scoring for board applicants.
(b)The board shall review the Spanish language examination and curriculum requirements to determine if, by January 1, 2016, the pass rate for Spanish speakers did not increase to the average pass rate for all other language examinations during the two-year period prior to January 1, 2016.
SEC. 3.Section 7308 of the Business and Professions Code is repealed.7308.(a)The board shall study the effects of current law, regulations, and policy related to the licensing functions of the board that may create unnecessary barriers to employing people with criminal records. The objective of the study shall be to identify changes in law or board policy to help remove unnecessary barriers to licensing due to criminal records while protecting the safety and security of customers and the integrity of the occupations regulated by the board. The board shall report all of its findings to the Legislature on or before September 1, 2007.
(b)For each of the calendar years 2002, 2003, 2004, 2005, and 2006, the study shall provide the following information:
(1)The total number of applicants, by occupation.
(2)The number of applicants who were denied licensure.
(3)The number of applicants, by occupation, who disclosed a criminal record on their application. Of those applicants:
(A)The number of applicants who were denied licensure.
(B)The number of applicants who were denied licensure who requested a hearing to appeal the decision.
(C)The number of applicants whose appeal resulted in reversal or modification of the decision, including the issuance of a probationary license.
(D)The age and severity of each offense.
(E)The number of applicants with nonviolent drug offenses.
(F)The number of applicants with misdemeanor offenses.
(G)The number of applicants that were asked by the board to supply additional information relating to their criminal record.
(H)The number of applicants who provided evidence of rehabilitation.
(4)The criteria applied by the board to determine whether an applicants criminal record is substantially related to the requested license, including the specific categories of disqualifying offenses and any criteria related to the age and severity of the disqualifying offenses.
(5)The criteria applied by the board to determine whether an applicant has been sufficiently rehabilitated, including an analysis of the factors that most often lead to a determination of rehabilitation resulting in licensing.
(6)The average length of time that an appeal is pending relative to the date of the hearing request and final decision.
(7)The number and percentage of appeals pending longer than 30 days and longer than 100 days from the time the applicant requested the hearing.
SEC. 4.Section 7313 of the Business and Professions Code is amended to read:7313.(a)(1)To ensure compliance with the laws and regulations of this chapter, the boards executive officer and authorized representatives shall, except as provided by Section 159.5, have access to, and shall inspect, any establishment or mobile unit during business hours or at any time in which barbering, cosmetology, or electrolysis are being performed. It is the intent of the Legislature that inspections be conducted on Saturdays and Sundays as well as weekdays, if collective bargaining agreements and civil service provisions permit.
(2)The board shall maintain a program of random and targeted inspections of establishments to ensure compliance with applicable laws relating to the public health and safety and the conduct and operation of establishments. The board or its authorized representatives shall inspect establishments to reasonably determine compliance levels and to identify market conditions that require targeted enforcement. The board shall not reduce the number of employees assigned to perform random inspections, targeted inspections, and investigations relating to field operations below the level funded by the annual Budget Act and described in supporting budget documents, and shall not redirect funds or personnel-years allocated to those inspection and investigation purposes to other purposes.
(b)To ensure compliance with health and safety requirements adopted by the board, the executive officer and authorized representatives shall, except as provided in Section 159.5, have access to, and shall inspect the premises of, all schools in which the practice of barbering, cosmetology, or electrolysis is performed on the public. Notices of violation shall be issued to schools for violations of regulations governing conditions related to the health and safety of patrons. Each notice shall specify the section violated and a timespan within which the violation must be corrected. A copy of the notice of violation shall be provided to the Bureau for Private Postsecondary and Vocational Education.
(c)With prior written authorization from the board or its executive officer, any member of the board may enter and visit, in his or her capacity as a board member, any establishment, during business hours or at any time when barbering, cosmetology, or electrolysis is being performed. The visitation by a board member shall be for the purpose of conducting official board business, but shall not be used as a basis for any licensing disciplinary action by the board.
(d)The board shall adopt regulations that establish a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers.
SEC. 5.Section 7314.3 is added to the Business and Professions Code, 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.
SEC. 6.Section 7395.1 of the Business and Professions Code is amended to read:7395.1.(a)A student who is enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary and Vocational Education in a course approved by the board may, upon completion of a minimum of 60 percent of the clock hours required for graduation in the course, work as an unpaid extern in a cosmetology establishment participating in the educational program of the school of cosmetology.
(b)A person working as an extern shall receive clock hour credit toward graduation, but that credit shall not exceed eight hours per week and shall not exceed 10 percent of the total clock hours required for completion of the course.
(c)The externship program shall be conducted in cosmetology establishments meeting all of the following criteria:
(1)The establishment is licensed by the board.
(2)The establishment has a minimum of four licensees working at the establishment, including employees and owners or managers.
(3)All licensees at the establishment are in good standing with the board.
(4)Licensees working at the establishment work for salaries or commissions rather than on a space rental basis.
(5)No more than one extern shall work in an establishment for every four licensees working in the establishment. No regularly employed licensee shall be displaced or have his or her work hours reduced or altered to accommodate the placement of an extern in an establishment. Prior to placement of the extern, the establishment shall agree in writing sent to the school and to all affected licensees that no reduction or alteration of any licensees current work schedule shall occur. This shall not prevent a licensee from voluntarily reducing or altering his or her work schedule.
(6)Externs shall wear conspicuous school identification at all times while working in the establishment, and shall carry a school laminated identification, that includes a picture, in a form approved by the board.
(d)(1)A school participating in the externship program shall provide the participating establishment and the extern with a syllabus containing applicable information specified in Section 73880 of Title 5 of the California Code of Regulations. The extern, the school, and the establishment shall agree to the terms of and sign the syllabus prior to the extern beginning work at the establishment. No less than 90 percent of the responsibilities and duties of the extern shall consist of the acts included within the practice of cosmetology as defined in Section 7316.
(2)The establishment shall consult with the assigning school regarding the externs progress during the unpaid externship. The owner or manager of the establishment shall monitor and report on the students progress to the school on a regular basis, with assistance from supervising licensees.
(3)A participating school shall assess the externs learning outcome from the externship program. The school shall maintain accurate records of the externs educational experience in the externship program and records that indicate how the externs learning outcome translates into course credit.
(e)Participation in an externship program made available by a school shall be voluntary, may be terminated by the student at any time, and shall not be a prerequisite for graduation.
(f)The cosmetology establishment that chooses to utilize the extern is liable for the externs general liability insurance, as well as cosmetology malpractice liability insurance, and shall furnish proof to the participating school that the establishment is covered by both forms of liability insurance and that the extern is covered under that insurance.
(g)(1)It is the purpose of the externship program authorized by this section to provide students with skills, knowledge, and attitudes necessary to acquire employment in the field for which they are being trained, and to extend formalized classroom instruction.
(2)Instruction shall be based on skills, knowledge, attitudes, and performance levels in the area of cosmetology for which the instruction is conducted.
(3)An extern may perform only acts listed within the definition of the practice of cosmetology as provided in Section 7316, if a licensee directly supervises those acts, except that an extern may not use or apply chemical treatments unless the extern has received appropriate training in application of those treatments from an approved cosmetology school. An extern may work on a paying client only in an assisting capacity and only with the direct and immediate supervision of a licensee.
(4)The extern shall not perform any work in a manner that would violate law.
SEC. 7.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 7347 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.
(d)The board shall report to the Senate Committee on Business and Professions and the Assembly Committee on Business and Professions within five years after the implementation of the provisions of this section on the licensee information collected, including an assessment of whether a certain type of licensee is more likely to receive complaints or citations, or to fail to pay taxes, and any recommendation on how to remedy problems found.
SEC. 8.Section 7404 of the Business and Professions Code is amended to read:7404.The grounds for disciplinary action are as follows:
(a)Unprofessional conduct which includes, but is not limited to, any of the following:
(1)Incompetence or gross negligence, including failure to comply with generally accepted standards for the practice of barbering, cosmetology, or electrology or disregard for the health and safety of patrons.
(2)Repeated similar negligent acts.
(3)Conviction of any crime substantially related to the qualifications, functions, or duties of the licenseholder, in which case, the records of conviction or a certified copy shall be conclusive evidence thereof.
(4)Advertising by means of knowingly false or deceptive statements.
(b)Failure to comply with the requirements of this chapter.
(c)Failure to comply with the rules governing health and safety adopted by the board and approved by the State Department of Health Services, Public Health, for the regulation of establishments, or any practice licensed and regulated under this chapter.
(d)Failure to comply with the rules adopted by the board for the regulation of establishments, or any practice licensed and regulated under this chapter.
(e)Continued practice by a person knowingly having an infectious or contagious disease.
(f)Habitual drunkenness, habitual use of or addiction to the use of any controlled substance.
(g)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.
(h)Failure to display the license or health and safety rules and regulations in a conspicuous place.
(i)Engaging, outside of a licensed establishment and for compensation in any form whatever, in any practice for which a license is required under this chapter, except that when the service is provided because of illness or other physical or mental incapacitation of the recipient of the service and when performed by a licensee obtained for the purpose from a licensed establishment.
(j)Permitting a license to be used where the holder is not personally, actively, and continuously engaged in business.
(k)The making of any false statement as to a material matter in any oath or affidavit, which is required by the provisions of this chapter.
(l)Refusal to permit or interference with an inspection authorized under this chapter.
(m)Any action or conduct which would have warranted the denial of a license.
(n)Failure to surrender a license that was issued in error or by mistake.
SEC. 9.Section 7407 of the Business and Professions Code is amended to read:7407.The board shall establish by regulation a schedule of administrative fines for violations of this chapter. All moneys collected under this section shall be deposited in the boards contingent fund.
The schedule shall indicate for each type of violation whether, in the boards discretion, the violation can be corrected. The board shall review and revise the schedule of administrative fines for violations by January 1, 2005. The board shall ensure that it and the Bureau for Private Postsecondary and Vocational Education do not issue citations for the same violation.
(a)Notwithstanding Article 8 (commencing with Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, there is in the Department of Consumer Affairs the State Board of Barbering and Cosmetology in which the administration of this chapter is vested.
(b)The board shall consist of nine members. Five members shall be public members, and four members shall represent the professions. The Governor shall appoint three of the public members and the four professional members. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one public member. Members of the board shall be appointed for a term of four years, except that of the members appointed by the Governor, two of the public members and two of the professions members shall be appointed for an initial term of two years. No board member may serve longer than two consecutive terms.
(c)The board may appoint an executive officer who is exempt from civil service. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter. The appointment of the executive officer is subject to the approval of the director. In the event that a newly authorized board replaces an existing or previous bureau, the director may appoint an interim executive officer for the board who shall serve temporarily until the new board appoints a permanent executive officer.
(d)The executive officer shall provide examiners, inspectors, and other personnel necessary to carry out the provisions of this chapter.
(e)This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, 2020, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
|
Date
|
Status
|
|---|---|
| Jul 7, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 6). Re-referred to Com. on APPR. |
| Oct 2, 2015 | Chaptered by Secretary of State - Chapter 430, Statutes of 2015. |
| Oct 2, 2015 | Approved by the Governor. |
| Sep 18, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3074.). |
| Sep 10, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 9, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2622.). |
| Sep 9, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 9, 2015 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 8, 2015 | Read second time. Ordered to third reading. |
| Sep 4, 2015 | Read third time and amended. Ordered to second reading. |
| Aug 31, 2015 | Read second time and amended. Ordered to third reading. |
| Aug 27, 2015 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 27). |
| Aug 17, 2015 | In committee: Referred to APPR. suspense file. |
| Jan 26, 2015 | Read first time. To print. |
| Jun 29, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| Jun 11, 2015 | Referred to Com. on B., P. & E.D. |
| Jun 1, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1703.) |
| Jun 1, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 1, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 28, 2015 | Read second time. Ordered to third reading. |
| May 28, 2015 | From committee: Do pass. (Ayes 17. Noes 0.) (May 28). |
| May 13, 2015 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 14. Noes 0.) (April 28). Re-referred to Com. on APPR. |
| Apr 27, 2015 | Re-referred to Com. on B. & P. |
| Apr 23, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Feb 2, 2015 | Referred to Com. on B. & P. |
| Jan 27, 2015 | From printer. May be heard in committee February 26. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 10, 2015 | AB 181 BONILLA Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 9, 2015 | Assembly 3rd Reading AB181 Bonilla By Hill | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 17, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 6, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| Jun 1, 2015 | AB 181 BONILLA Assembly Third Reading | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Board of Barbering and Cosmetology | * Indeterminate | Jul 6, 2015 |
| Professional Beauty Federation of California | ** Support | Sep 9, 2015 |
| State Farm Insurance | * Support | Jul 6, 2015 |
AB 181
Page 7
CONCURRENCE IN SENATE AMENDMENTS
AB 181
(Bonilla)
As Amended September 4, 2015
Majority vote
ASSEMBLY: |
79-0 |
(June 1, 2015) |
SENATE: |
40-0 |
(September 9, 2015) |
Original Committee Reference: B. & P.
SUMMARY: Extends the regulatory authority for the Board of Barbering and Cosmetology (BBC) until January 1, 2020; requires the BBC to conduct a review of its current 1,600-hour curriculum requirements for the Cosmetologist license; requires the BBC to adopt a protocol for its inspector program; requires the BBC to establish a Health and Safety Advisory Committee; requires the BBC to issue regulations regarding a personal service permit, as specified, and, makes numerous other minor and technical changes to delete obsolete code sections and references. In addition, this bill makes numerous substantive, technical, and non-controversial changes to various provisions of the non-healing arts boards regulated by the Department of Consumer Affairs (DCA). Specifically, this bill:
Requires the BBC to review the 1,600-hour training requirement for Cosmetologists, conduct an occupational analysis of the cosmetology profession in California, and conduct a review of the national written examination for cosmetologists and of the practical examination in order to evaluate whether both examinations assess critical competencies for California cosmetologists and meet professional testing standards and report back to the appropriate policy committees by November 1, 2018.
Requires the BBC to conduct a review of the Spanish-language examination if by January 1, 2016, the pass rate for Spanish speakers did not increase to the average pass rate for all other language examinations during the two-year period prior to January 1, 2016.
Requires the BBC to adopt a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers, and requires the BBC to evaluate the protocol every two years to ensure the protocol remains current.
Requires the BBC to establish a Health and Safety Advisory Committee to provide the BBC with advice and recommendations on health and safety issues before the BBC.
Defines a "personal service permit" to mean a permit that authorizes an individual to perform services, for which he or she holds a license, as specified, outside of an establishment in accordance with regulations established by the BBC.
Permits the BBC to issue a personal service permit to an individual who meets the criteria for a personal service permit set forth in regulation.
Requires the BBC to issue regulations regarding a personal service permit, and in establishing those regulations, the BBC is required to hold, at a minimum, two stakeholder meetings.
Requires the BBC to determine the appropriate licensing categories that may apply for a personal service permit in order to protect consumer safety.
Requires the BBC to authorize a personal service permit holder to perform services outside of a licensed establishment.
Prohibits the BBC from exempting a personal service permit holder from any of the BBC's existing regulations or requirements on health and safety.
Specifies that the BBC cannot require a personal service permit holder to be employed by an establishment, unless the BBC determines that it would be necessary in order to maintain consumer safety.
Specifies that the regulations may require an applicant for a personal service permit to have proof of liability insurance and to pass a criminal background clearance.
States that a personal service permit is valid for two years and must be renewed prior to expiration.
Specifies that the initial and renewal fee for a personal service permit can be no greater than $50, and the delinquency fee is 50% of the renewal fee in effect on the date of the renewal.
Requires the BBC to report to the Legislature, as specified, on or before January 1, 2017, on the progress of the regulatory process and the issuance of the personal service permit.
Makes the following substantive changes relating to the California Board of Accountancy (CBA):
Clarifies that a canceled license placed into retired status may not be renewed, restored, or reinstated.
Requires that such license holders reapply for licensure if they wish to renew restore, or reinstate their license.
Adds that a funeral establishment must use the words "good," "merchandize," "products," or "services" on its home page to identify a link to the list of goods and services.
Clarifies that contractor licensees are required to notify the registrar 90 days after any change in information.
Allows California Travel and Tourism Commission members to participate in meetings through teleconference and other technology.
Deletes the requirement for architects to prepare civil engineering plans, calculations, specifications, and reports for the construction of structures.
Makes the following substantive changes relating to the Structural Pest Control Board:
Deletes language that limits the effect of the statute to Branch 1 and Branch 3 registered companies.
Adds language that allows a person to represent that pest control work has been completed by an unlicensed company or individual in cases where the Business and Professions Code (BPC) specifies that the unlicensed company may complete the work.
Adds language in order to clarify that branch office supervisors must be field representatives or operators who are licensed in the branch or branches of pest control that is being conducted at that office.
Makes numerous technical, non-substantive, and clarifying changes including deleting obsolete references to departments and reports.
The Senate amendments delete the requirement that the BBC conduct the review of its current 1,600-hour curriculum requirements in conjunction with the Office of Professional Examination Services; require the BBC to issue regulations regarding a personal service permit and require the BBC to conduct stakeholder meetings in developing those regulations; authorize the BBC to issue a personal service permit if specified conditions are met; revise the fee for the renewal of a personal service permit from $80 to $50; make other technical and clarifying amendments to the Barbering and Cosmetology Act, and add language which make numerous substantive, technical, and minor non-controversial changes to various provisions of the non-healing arts boards regulated by DCA.
FISCAL EFFECT: According to the Senate Appropriations Committee, this bill will result in:
No significant costs are anticipated due to the extension of the California State Board of Barbering and Cosmetology (Barbering and Cosmetology Contingent Fund). Under current law, the BBC itself has a statutory sunset (including the BBC's authority to employ an executive officer). However, the larger body of current law requiring licensure for barbers and cosmetologists and authorizing the enforcement of those laws does not have a statutory sunset. If this bill was not enacted and the BBC itself sunset, the overall regulatory program would still existing within the DCA (less the costs associated with the Board itself). Therefore, extending the sunset of the BBC does not impose any significant costs.
One-time additional costs of about $510,000 for additional requirements imposed in the bill (Barbering and Cosmetology Contingent Fund). The BBC would review the existing 1,600 hour training requirement for cosmetologists, conduct an occupational analysis of the cosmetology profession, conduct a review of the existing national written examination and California practical examination for cosmetologists, and conduct a review of the Spanish-language examination and curriculum.
Ongoing costs of about $70,000 per year for issuing new personal service permits (Barbering and Cosmetology Contingent Fund).
Unknown costs for enforcing licensing requirements relating to the new personal service permit (Barbering and Cosmetology Contingent Fund).
Anticipated ongoing fee revenues of about $5 million per year for new personal service permits (Barbering and Cosmetology Contingent Fund). The BBC anticipates that about 15% of licensees will seek the new permit.
COMMENTS:
Purpose. This bill is one of five author-sponsored sunset bills. According to the author, "The BBC ensures that applicants for licensure have completed the necessary training and passed both a written and practical examination in order to demonstrate that licensed individuals possess the knowledge and skills required to perform within the scope of their discipline in order to protect the public's health and safety. In addition, the BBC is responsible for carrying out many responsibilities which ensure the safety of consumers and help benefit the robust licensing populations in California. In an effort to improve the BBC's regulatory capacity and improve administrative inefficiencies, this bill will require the BBC to prioritize some of the issues raised in the Committee's background paper during its sunset review, including reviewing curriculum standards, ensuring that the curriculum and tests are appropriate for Spanish-language test takers, establishing a Health and Safety committee, issuing regulations regarding a personal service permit, and making technical changes to outdated sections of the Act." In addition, this bill will make numerous minor and non-controversial changes to various provisions of the non-healing arts boards regulated DCA.
Background. The BBC licenses and regulates over 550,000 licensees. Each profession has its own scope of practice, entry-level requirements, and professional settings, with some overlap in areas. The BBC's licensing population includes: Barbers; Barber Apprentices; Cosmetology Apprentices; Cosmetologists; Electrologists; Estheticians; Manicurists; Establishments; and, Mobile Units. The BBC's last sunset review was completed in 2013, and at that time it was granted a two-year extension to address outstanding issues as determined by the Legislature.
Joint Oversight Hearings and Sunset Review of DCA Licensing Boards. In March of 2015, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee conducted multiple joint oversight hearings to review ten regulatory boards and other entities within the DCA. The legislation pertaining specifically to the BBC in this bill is based on specific issues raised and addressed in the report released by the Assembly Business and Professions Committee.
Inspector Program. An important and essential arm of the BBC's enforcement activities is the Inspection Program, whose primary role is enforcing health and safety regulations. This is accomplished through directed, random, initial and targeted inspections of the 50,473 establishments and 283 schools of barbering, cosmetology, and electrology. During the BBC's 2013 sunset review, the Committee's background paper cited "continuous problems with the Inspector Program" and requested the BBC to address numerous issues including the inappropriate use of the position, lack of proper training, and concerns with vacancies. In addition to the BBC's reported inspection challenges, stakeholders have also shared concerns with the inspection process, especially as it pertains to language barriers. As noted, the BBC regulates a diverse population, which includes many individuals with limited English proficiency, who cannot always understand English-language inspection forms or are met with communication problems during an inspection. Currently, it appears that the BBC does not have a standardized protocol or systematic process for inspectors when they encounter potential language barriers, which may complicate the inspection process and result in dissatisfactory outcomes for licensees. The BBC reports that in an effort to help better identify concerns of licensees regarding inspectors and the inspection process, it has translated complaint forms into Vietnamese, Spanish, and Korean. The BBC reports that it is also working with the DCA to provide training to inspectors. In order to help address some of the challenges with the Inspector Program, this bill will require the BBC to develop a protocol for inspecting establishments where language concerns exist.
Curriculum Requirement. In 2009, the BBC reports that it transitioned to the national written examination. Since the transition, the BBC has seen a decline in the pass rates of the written examination. The BBC reports that this may result from new material on the examination being "current and relevant to today's practices" as the previous examination had been in circulation for many years and many schools often provided courses on how to pass the old version of the examination. It is unclear what, if any, updates, changes, or revisions were made to schools' curriculum standards or if reference materials were updated as a result of the transition to the national examination. This bill will require the BBC to review its current curriculum standards to ensure that the 1600-hour requirement for cosmetologists is warranted and that the materials being taught to students are relevant to today's practices.
In addition, the committee's background paper also noted concerns with the Spanish-language examination pass rate which has been low for a number of years. The Spanish-language pass rate issue has plagued the BBC during the last two sunset reviews and continues to be an issue. This bill will require the BBC to conduct a review of the Spanish-language examination and curriculum as specified.
Advisory Committee. During the BBC's 2013 sunset review, the committee background paper raised current health and safety issues which continue to plague the beautification industry, especially in nail salons. The report stated, "nail salons are of particular concern due to the high preponderance of minority women working for extremely long hours in settings that are not properly ventilated and having constant contact with potentially dangerous chemicals linked to illness and reproductive health problems." Because the continued changes in the industry and new beautification products are brought to market, this bill requires the BBC to establish a permanent committee which is designated to review industry trends as they relate to health and safety standards to ensure the timely distribution of information about potential and growing concerns.
Personal Service Permit. The BBC's 2014 sunset review report identified several new issues pertaining to workforce development which included expanding or altering licensing classifications. Currently in California, all BBC-regulated beautification services are required to be obtained within a BBC licensed establishment. BCP Section 7317 specifically states that it is unlawful for any person, firm, or corporation to engage in barbering, cosmetology or electrolysis practices, for compensation, in an establishment or mobile unit which is not licensed by the BBC. Legally, those BBC-licensed establishments or the twenty-one licensed mobile units are the only facilities where consumers can access services of licensed professionals regulated by the BBC.
As reported by the BBC, current trends in the beautification industry have found that consumers are beginning to seek services outside the walls of a traditional brick and mortar establishment such as homes, hotels, businesses, and other non-traditional locations. This bill authorizes the BBC to determine whether or not to issue a "personal service permit" and requires the BBC to hold stakeholder meetings among other requirements during the regulatory process in establishing the personal services permit. This bill requires the BBC to provide an update to the Legislature by January 1, 2017, on its progress of the regulatory process and the the issuance of a personal service permit.
Cemetery and Funeral Bureau. SB 658 (Negrete-McLeod), Chapter 386, Statutes of 2011, enhanced California's disclosure requirements by specifically requiring, beginning January 1, 2013, that all funeral establishments which maintain a website, post their list of funeral goods and services. As drafted, this requirement does not require any specific identification to the Web site link where this information is posted. However, if a funeral establishment elects to post a link to its General Price List, it must identify the link on its home page with the words "price information" or a similar phrase that includes the word "price." (BPC Section 7685 (b) (3))
The Center for Public Interest Law's experience and the experience of the Funeral Consumers Alliance (affirmed by 2013 report by the Orange County Register) revealed that the ability of consumers to obtain consistent and reliable funeral establishment product and pricing information over the Internet is oddly difficult. In the absence of such information over the Internet, consumers cannot ask about products or services over the phone and get comparison quotes because they may not in the first place know what products or services funeral establishments offer generally, or which services are offered by a particular facility.
This bill would require that a funeral establishment must use the words "goods," "merchandise," "products," or "services" on its home page to identify a link to the list of goods and services to enable consumers to find this important information.
County Clerks and Election Officials. Current law is unclear for out-of-state registrants for a fictitious business name as to whether the required documentation by the county clerk needs to be from the California Secretary of State (SOS) or any SOS. Therefore, this bill clarifies that the applicant for a fictitious business name in the State of California provides required documentation from the California SOS, if requested by the county clerk.
Contractors State License Board. BPC Sections 136 and 7083 conflict as to the required timeframe for a licensee to report an address change. BPC Section 136 requires a licensee to notify the issuing board at its principal office of any change in his or her mailing address within 30 days after the change, unless the board has specified by regulations a shorter time period. This is the usual timeline for all DCA licensees.
However, BPC Section 7083 provides that all licensees shall notify the registrar, on a form prescribed by the registrar, in writing within 90 days of any change to information recorded under Chapter 9, Division 3 of the BPC. This bill addresses a conflict in the timeframe for reporting information to the board and underscores that contractor licensees are required to notify the registrar 90 days after any change in information.
Governor's Office of Business and Economic Development. This bill makes a technical change to the Government Code that allows members to participate in the California Travel and Tourism Commission via teleconference and other technology. This bill continues to ensure that the teleconference is still subject to the requirements of the Bagley-Keene Open Meeting Act and all other requirements that allow for accessibility.
Board of Guide Dogs for the Blind. Referring to persons who are blind or visually impaired as "blind person" is considered offensive to many members of the community. The accepted terminology is to identify the individual as a person who has a specific medical condition. This is called "person first terminology".
This bill will change the language to reflect the accepted terminology to identify a person who is blind. With this wording, the person is not defined by their condition. Additionally, members of the public and the board have noted the outdated language referring to the use of the masculine gender in the code. This bill would remove specific gender from the code.
Board for Professional Engineers, Land Surveyors and Geologists. Currently, BPC Section 6735 allows architects to sign off on civil engineering plans, calculations, specifications, and reports for the construction of reports. Since the level of education and expertise are dramatically different between the two groups, this bill reverts the code section back to its 2014 format where only civil engineers may sign off on civil engineering plans, calculations, specifications, and reports for the construction of reports.
Structural Pest Control Board. For BPC Section 8508, this bill replaces the word "man" with the word "persons" and replacing the word "his" with the word "their". For BPC Section 8513, this bill deletes the language that limits the effect of the statute to Branch 1 and Branch 3 registered companies in order to correct statutory inconsistencies. Branch 2 registered companies routinely contract directly with consumers therefore, Branch 2 registered companies are subject to the provisions of BPC Section 8513 and the mechanic's lien laws.
This bill also deletes repetitive language, BPC Section 8516.5, as its provisions have been incorporated into BPC Section 8516. For BPC Section 8552, this bill adds language that allows a registered company to represent work that has been completed by an unlicensed company or individual only in cases where the Act explicitly provides for an unlicensed company to complete such work. Currently, BPC Section 8552 makes no such allowance even though there are instances where repair work may be performed by unlicensed companies or individuals.
This bill adds language in order to clarify that branch office supervisors must be field representatives or operators who are licensed in the branch, or branches of pest control that is being conducted at that office.
Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301 FN: 0002332
AB 181
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 181
Amended: 9/4/15 in Senate
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 7/6/15
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 79-0, 6/1/15 - See last page for vote
SUBJECT: Business and professions
DIGEST: This bill extends the operation of the Board of Barbering and Cosmetology (BBC) until January 1, 2020, and makes changes to the laws governing the BBC’s regulation of barbers, cosmetologists, estheticians, electrologists, manicurists, apprentices and establishments. This bill also makes numerous substantive, technical, and minor non-controversial changes to various provisions of the non-healing arts boards regulated by the Department of Consumer Affairs (DCA).
Senate Floor Amendments of 9/4/15 make technical changes to provisions contained within the bill and also maintain and cleanup the Business and Professions Code related to several non-health regulatory boards under the DCA.
ANALYSIS: Existing law provides for the licensure and regulation of the practice of barbering, cosmetology and electrolysis under the Barbering and Cosmetology Act (Act) by the BBC within the DCA and authorizes the BBC to appoint an executive officer subject to the approval of the Director of the DCA, and repeals these provisions on January 1, 2016. (BPC § 7303)
This bill:
Requires the BBC to conduct a study and review of the 1,600-hour training requirement for cosmetologists, conduct an occupational analysis of the cosmetology profession in California, and conduct a review of the national written examination for cosmetologists and of the practical examination, in order to evaluate whether both examinations assess critical competencies for California cosmetologists and meet professional testing standards and report the findings to the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee (Committees) no later than November 1, 2018.
Requires the BBC to conduct a review of the Spanish-language examination to determine if by January 1, 2016, the pass rate for Spanish speakers did not increase to the average pass rate for all other language examinations during the two-year period prior to January 1, 2016.
Requires the BBC to adopt a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers and requires the BBC to evaluate the protocol every two years to ensure the protocol remains current.
Requires the BBC to establish a Health and Safety Advisory Committee to provide the BBC with advice and recommendations on health and safety issues before the BBC.
Authorizes the BBC to issue a personal service permit to an individual who meets the criteria for a personal service permit set forth in regulations promulgated by BBC. Defines “personal service permit” as a permit that authorizes an individual to perform professional services, for which he or she holds a license pursuant to this chapter, outside of an establishment, in accordance with the regulations established by the BBC. Requires BBC to hold, at a minimum, two stakeholder meetings. Requires BBC to determine the appropriate licensing categories that may apply for a personal service permit in order to protect consumer safety. Requires BBC to authorize a personal service permit holder to perform services outside of a licensed establishment. Prohibits the BBC from exempting a personal service permit holder from any of the BBC’s existing regulations or requirements on health and safety. Prohibits BBC from requiring a personal service permit holder to be employed by an establishment, unless the BBC determines that it would be necessary in order to maintain consumer safety. Provides that the regulations may require an applicant for a personal service permit to have proof of liability insurance and to pass a criminal background clearance. Provides that a personal service permit, with a fee no greater than $50, shall be valid for two years and shall be renewed pursuant to a fee no greater than $80, prior to expiration.
Requires BBC to report on the progress of the regulatory process and issuance of personal service permits to the Legislature on or before July 1, 2017.
Makes other technical and clarifying amendments, including deleting obsolete references to departments and reports in the Act. Makes numerous substantive, technical, and minor non-controversial changes to various provisions of the non-healing arts boards regulated by the DCA.
Background
In 2015, the Committees conducted joint oversight hearings to review 12 regulatory entities including BBC. This bill is intended to implement legislative changes as recommended by staff of the Committees reflected in a Background Paper on the BBC, as well as the discussion stemming from an oversight hearing on BBC.
The BBC licenses and regulates over 550,000 licensees. Each profession has its own scope of practice, entry-level requirements, and professional settings, with some overlap in areas. The BBC's licensing population includes: Barbers; Barber Apprentices; Cosmetology Apprentices; Cosmetologists; Electrologists; Estheticians; Manicurists; Establishments; and, Mobile Units. BBC’s membership is comprised of nine members: five public and four professional. As a special fund entity, the BBC receives no General Fund (GF) support, relying solely on fees set in statute and collected from licensing and renewal fees.
During the review of BBC, the following major issues were discussed; recommendations for each issue comprise the significant policy changes proposed in this bill to the Act and BBC operations.
Analysis of curriculum and practical examination. The determination was made that BBC should conduct an occupational analysis of the current practical examination to determine if it is still a reliable and valuable measure of minimal competency or if any changes are necessary as well as a review of the current 1,600-hour curriculum requirements for the cosmetologist license to determine if any curriculum changes are necessary.
Analysis of Spanish language examination and language access issues. Based on concerns about low passage rates for individuals who take the licensing exam in Spanish and effective communication by BBC to its diverse licensing population, this bill requires the BBC to conduct a review of the Spanish-language examination and requires BBC to review and revise protocols for its inspector program where language barriers exist between inspectors, licensees and owners.
Health and safety for hair care and beauty professionals. Stemming from concerns that the current BBC-designed health and safety curriculum may not accurately reflect the latest industry-related technology and chemical advancements in the nail care industry, this bill requires the BBC to establish a Health and Safety Advisory Committee to provide recommendations.
Freelance certification. Currently in California, all BBC-regulated beautification services are required to be obtained within a BBC licensed establishment. Current trends in the beautification industry have found that consumers are beginning to seek services outside the walls of a traditional brick and mortar establishment such as homes, hotels, businesses, and other non-traditional locations. In order for the BBC to continue to effectively regulate the beautification market, it is important to make sure that service demands are consistent with the services being offered by licensed professionals. Currently, a cosmetologist performing a hair style for a bride at a hotel or other venue is guilty of unlicensed activity because they are operating outside of a BBC-licensed establishment. In order to ensure that consumers are able to obtain services at a location outside of a licensed establishment, while still ensuring the relevant safety guidelines and standards are met, it was determined that there may be a need to revise current laws in order to permit licensees to perform services outside of a physical establishment. This bill authorizes the BBC, through regulations, to issue a personal service permit to licensees.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, there are no significant costs anticipated due to the extension of BBC that would impact the Barbering and Cosmetology Contingent Fund. This bill will result in one-time additional costs of about $510,000 for additional requirements imposed in the bill impacting the Barbering and Cosmetology Contingent Fund and ongoing costs of about $70,000 per year for issuing new personal service permits. This bill will also result in unknown costs for enforcing licensing requirements relating to the new personal service permit and anticipated ongoing fee revenues of about $5 million per year for new personal service permits, as BBC anticipates that about 15% of licensees will seek the new permit.
Manicube
Professional Beauty Federation of California
None received
ARGUMENTS IN SUPPORT: Supporters believe that the BBC is deserving of an extension of its operations and cite the importance of the personal services permit provisions contained in this bill.
ASSEMBLY FLOOR: 79-0, 6/1/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Hadley
Prepared by: Sarah Mason / B., P. & E.D. / (916) 651-4104
9/8/15 15:27:22
AB 181
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 181
Amended: 8/31/15 in Senate
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 9-0, 7/6/15
AYES: Hill, Bates, Berryhill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 79-0, 6/1/15 - See last page for vote
SUBJECT: Professions and vocations: barbering and cosmetology
DIGEST: This bill extends the operation of the Board of Barbering and Cosmetology until January 1, 2020 and makes changes to the laws governing the Board’s regulation of barbers, cosmetologists, estheticians, electrologists, manicurists, apprentices and establishments.
ANALYSIS: Existing law provides for the licensure and regulation of the practice of barbering, cosmetology and electrolysis under the Barbering and Cosmetology Act (Act) by the Board of Barbering and Cosmetology (BBC) within the Department of Consumer Affairs (DCA) and authorizes the BBC to appoint an executive officer subject to the approval of the Director of the DCA, and repeals these provisions on January 1, 2016. (BPC § 7303)
This bill:
Requires the BBC to conduct a study and review of the 1,600-hour training requirement for cosmetologists, conduct an occupational analysis of the cosmetology profession in California, and conduct a review of the national written examination for cosmetologists and of the practical examination, in order to evaluate whether both examinations assess critical competencies for California cosmetologists and meet professional testing standards and report the findings to the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee (Committees) no later than November 1, 2018.
Requires the BBC to conduct a review of the Spanish-language examination to determine if by January 1, 2016, the pass rate for Spanish speakers did not increase to the average pass rate for all other language examinations during the two-year period prior to January 1, 2016.
Requires the BBC to adopt a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers and requires the BBC to evaluate the protocol every two years to ensure the protocol remains current.
Requires the BBC to establish a Health and Safety Advisory Committee to provide the BBC with advice and recommendations on health and safety issues before the BBC.
Authorizes the BBC to issue a personal service permit to an individual who meets the criteria for a personal service permit set forth in regulations promulgated by BBC. Defines “personal service permit” as a permit that authorizes an individual to perform professional services, for which he or she holds a license pursuant to this chapter, outside of an establishment, in accordance with the regulations established by the BBC. Requires BBC to hold, at a minimum, two stakeholder meetings. Requires BBC to determine the appropriate licensing categories that may apply for a personal service permit in order to protect consumer safety. Requires BBC to authorize a personal service permit holder to perform services outside of a licensed establishment. Prohibits the BBC from exempting a personal service permit holder from any of the BBC’s existing regulations or requirements on health and safety. Prohibits BBC from requiring a personal service permit holder to be employed by an establishment, unless the BBC determines that it would be necessary in order to maintain consumer safety. Provides that the regulations may require an applicant for a personal service permit to have proof of liability insurance and to pass a criminal background clearance. Provides that a personal service permit, with a fee no greater than $50, shall be valid for two years and shall be renewed pursuant to a fee no greater than $80, prior to expiration.
Requires BBC to report on the progress of the regulatory process and issuance of personal service permits to the Legislature on or before July 1, 2017.
Makes other technical and clarifying amendments including deleting obsolete references to departments and reports.
Background
In 2015, the Committees conducted joint oversight hearings to review 12 regulatory entities including BBC. This bill is intended to implement legislative changes as recommended by staff of the Committees reflected in a Background Paper on the BBC, as well as the discussion stemming from an oversight hearing on BBC.
The BBC licenses and regulates over 550,000 licensees. Each profession has its own scope of practice, entry-level requirements, and professional settings, with some overlap in areas. The BBC's licensing population includes: Barbers; Barber Apprentices; Cosmetology Apprentices; Cosmetologists; Electrologists; Estheticians; Manicurists; Establishments; and, Mobile Units. BBC’s membership is comprised of nine members: five public and four professional. As a special fund entity, the BBC receives no General Fund (GF) support, relying solely on fees set in statute and collected from licensing and renewal fees.
During the review of BBC, the following major issues were discussed; recommendations for each issue comprise the significant policy changes proposed in this bill to the Act and BBC operations.
Analysis of curriculum and practical examination. The determination was made that BBC should conduct an occupational analysis of the current practical examination to determine if it is still a reliable and valuable measure of minimal competency or if any changes are necessary as well as a review of the current 1,600-hour curriculum requirements for the Cosmetologist license to determine if any curriculum changes are necessary.
Analysis of Spanish language examination and language access issues. Based on concerns about low passage rates for individuals who take the licensing exam in Spanish and effective communication by BBC to its diverse licensing population, this bill requires the BBC to conduct a review of the Spanish-language examination and requires BBC to review and revise protocols for its inspector program where language barriers exist between inspectors, licensees and owners.
Health and safety for hair care and beauty professionals. Stemming from concerns that the current BBC-designed health and safety curriculum may not accurately reflect the latest industry-related technology and chemical advancements in the nail care industry, this bill requires the BBC to establish a Health and Safety Advisory Committee to provide recommendations.
Freelance certification. Currently in California, all BBC-regulated beautification services are required to be obtained within a BBC licensed establishment. Current trends in the beautification industry have found that consumers are beginning to seek services outside the walls of a traditional brick and mortar establishment such as homes, hotels, businesses, and other non-traditional locations. In order for the BBC to continue to effectively regulate the beautification market, it is important to make sure that service demands are consistent with the services being offered by licensed professionals. Currently, a cosmetologist performing a hair style for a bride at a hotel or other venue is guilty of unlicensed activity because they are operating outside of a BBC-licensed establishment. In order to ensure that consumers are able to obtain services at a location outside of a licensed establishment, while still ensuring the relevant safety guidelines and standards are met, it was determined that there may be a need to revise current laws in order to permit licensees to perform services outside of a physical establishment. This bill authorizes the BBC, through regulations, to issue a personal service permit to licensees.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, there are no significant costs anticipated due to the extension of BBC that would impact the Barbering and Cosmetology Contingent Fund. This bill will result in one-time additional costs of about $510,000 for additional requirements imposed in the bill impacting the Barbering and Cosmetology Contingent Fund and ongoing costs of about $70,000 per year for issuing new personal service permits. This bill will also result in unknown costs for enforcing licensing requirements relating to the new personal service permit and anticipated ongoing fee revenues of about $5 million per year for new personal service permits, as BBC anticipates that about 15% of licensees will seek the new permit.
Manicube
Professional Beauty Federation of California
OPPOSITION: (Verified 8/25/15)
None received
ARGUMENTS IN SUPPORT: Supporters believe that the BBC is deserving of an extension of its operations and cite the importance of the personal services permit provisions contained in this bill.
ASSEMBLY FLOOR: 79-0, 6/1/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Hadley
Prepared by: Sarah Mason / B., P. & E.D. / (916) 651-4104
8/30/15 19:49:07
**** END ****
AB 181 (Bonilla) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 181 (Bonilla) - Professions and vocations: barbering and cosmetology
|
|
Version: June 29, 2015 |
Policy Vote: B., P. & E.D. 9 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: August 27, 2015 |
Consultant: Brendan McCarthy |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill Summary:
AB 181 would extend the operation of the California State Board of Barbering and Cosmetology until January 1, 2020. The bill would also require the Board to perform additional, specified duties.
Fiscal Impact:
No significant costs are anticipated due to the extension of the California State Board of Barbering and Cosmetology (Barbering and Cosmetology Contingent Fund). Under current law, the Board itself has a statutory sunset (including the Board’s authority to employ an executive officer). However, the larger body of current law requiring licensure for barbers and cosmetologists and authorizing the enforcement of those laws does not have a statutory sunset. If this bill was not enacted and the Board itself sunset, the overall regulatory program would still existing within the Department of Consumer Affairs (less the costs associated with the Board itself). Therefore, extending the sunset of the Board does not impose any significant costs.
One-time additional costs of about $510,000 for additional requirements imposed in the bill (Barbering and Cosmetology Contingent Fund). The Board would review the existing 1,600 hour training requirement for cosmetologists, conduct an occupational analysis of the cosmetology profession, conduct a review of the existing national written examination and California practical examination for cosmetologists, and conduct a review of the Spanish-language examination and curriculum.
Ongoing costs of about $70,000 per year for issuing new personal service permits (Barbering and Cosmetology Contingent Fund).
Unknown costs for enforcing licensing requirements relating to the new personal service permit (Barbering and Cosmetology Contingent Fund).
Anticipated ongoing fee revenues of about $5 million per year for new personal service permits (Barbering and Cosmetology Contingent Fund). The Board anticipates that about 15% of licensees will seek the new permit.
Author Amendments:
Make technical and clarifying corrections.
-- END --
AB 181 (Bonilla) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 181 (Bonilla) - Professions and vocations: barbering and cosmetology
|
|
Version: June 29, 2015 |
Policy Vote: B., P. & E.D. 9 - 0 |
Urgency: No |
Mandate: No |
Hearing Date: August 17, 2015 |
Consultant: Brendan McCarthy |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 181 would extend the operation of the California State Board of Barbering and Cosmetology until January 1, 2020. The bill would also require the Board to perform additional, specified duties.
Fiscal Impact:
No significant costs are anticipated due to the extension of the California State Board of Barbering and Cosmetology (Barbering and Cosmetology Contingent Fund). Under current law, the Board itself has a statutory sunset (including the Board’s authority to employ an executive officer). However, the larger body of current law requiring licensure for barbers and cosmetologists and authorizing the enforcement of those laws does not have a statutory sunset. If this bill was not enacted and the Board itself sunset, the overall regulatory program would still existing within the Department of Consumer Affairs (less the costs associated with the Board itself). Therefore, extending the sunset of the Board does not impose any significant costs.
One-time additional costs of about $510,000 in 2015-16 for additional requirements imposed in the bill (Barbering and Cosmetology Contingent Fund). Under the bill, the Board would be require to review the existing 1,600 hour training requirement for cosmetologists, conduct an occupational analysis of the cosmetology profession, conduct a review of the existing national written examination and California practical examination for cosmetologists, and conduct a review of the Spanish-language examination and curriculum.
Ongoing costs of about $70,000 per year for issuing new personal service permits (Barbering and Cosmetology Contingent Fund).
Unknown costs for enforcing licensing requirements relating to the new personal service permit (Barbering and Cosmetology Contingent Fund).
Anticipated ongoing fee revenues of about $5 million per year for new personal service permits (Barbering and Cosmetology Contingent Fund). The Board anticipates that about 15% of licensees will seek the new permit.
Background:
Under current law, the practice of barbering, cosmetology, and electrolysis are licensed and regulated by the California State Board of Barbering and Cosmetology. Current law sunsets the operation of the Board, itself, on January 1, 2016. (There is no statutory sunset on the larger licensing and regulation program.)
Proposed Law:
AB 181 would extend the operation of the California State Board of Barbering and Cosmetology until January 1, 2020. The bill would also require the Board to perform additional, specified duties.
Specific provisions of the bill would:
Extend the existing sunset on the Board until January 1, 2020;
Require the Board to conduct a review of the current 1,600 hour training requirement for cosmetologists;
Require the Board to conduct an occupational analysis of the cosmetology profession;
Require the Board to conduct a review of the existing national written examination for cosmetologists and the existing California-required practical examination for cosmetologists;
Require the Board to conduct a review of the existing Spanish-language examination and curriculum requirements;
Require the Board to adopt a protocol for inspecting establishments when there is a language barrier between the operator or employees and the inspector;
Require the Board to establish a Health and Safety Advisory Committee;
Require the Board to issue regulations for issuing personal service permits (for when licensed individuals provide authorized services outside of an establishment);
Make other technical and clarifying changes to current law.
Related Legislation:
This bill is one of many sunset review bills used to reauthorize and make changes to licensing board and bureaus.
-- END --
AB 181 (Bonilla) Page 12 of 12
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 181 Hearing Date: July 6, 2015
Author: |
Bonilla |
||
Version: |
June 29, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Sarah Mason |
||
Subject: Professions and vocations: barbering and cosmetology.
SUMMARY:
Extends the operation of the California State Board of Barbering and Cosmetology (BBC) until January 1, 2020. Makes changes to the laws governing the Board’s regulation of barbers, cosmetologists, estheticians, electrologists, manicurists, apprentices and establishments.
Existing law: Provides for the licensure and regulation of the practice of barbering, cosmetology and electrolysis under the Barbering and Cosmetology Act (Act) by the BBC within the Department of Consumer Affairs (DCA) and authorizes the BBC to appoint an executive officer subject to the approval of the Director of the DCA, and repeals these provisions on January 1, 2016. (BPC § 7303)
This
bill:
Requires the BBC to conduct a study and review of the 1600-hour training requirement for cosmetologists, conduct an occupational analysis of the cosmetology profession in California, and conduct a review of the national written examination for cosmetologists and of the California practical examination, in order to evaluate whether both examinations assess critical competencies for California cosmetologists and meet professional testing standards and report the findings to the Assembly Committee on Business and Professions and the Senate Committee on Business, Professions and Economic Development no later than November 1, 2018.
Requires the BBC to conduct a review of the Spanish-language examination and curriculum requirements to determine if by January 1, 2016, the pass rate for Spanish speakers did not increase to the average pass rate for all other language examinations during the two-year period prior to January 1, 2016.
Requires the BBC to adopt a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers and requires the BBC to evaluate the protocol every two years to ensure the protocol remains current.
Requires the BBC to establish a Health and Safety Advisory Committee to provide the BBC with advice and recommendations on health and safety issues before the BBC.
Requires the BBC to issue regulations regarding a personal service permit. Defines “personal service permit” as a permit that authorizes an individual to perform professional services, for which he or she holds a license pursuant to this chapter, outside of an establishment, in accordance with the regulations established by the BBC. Authorizes BBC to issue a personal service permit to an individual who meets the criteria for a personal service permit set forth in regulation. Requires BBC to hold, at a minimum, two stakeholder meetings. Requires BBC to determine the appropriate licensing categories that may apply for a personal service permit in order to protect consumer safety. Requires BBC to authorize a personal service permit holder to perform services outside of a licensed establishment. Prohibits the BBC from exempting a personal service permit holder from any of the BBC’s existing regulations or requirements on health and safety. Prohibits BBC from requiring a personal service permit holder to be employed by an establishment, unless the BBC determines that it would be necessary in order to maintain consumer safety. Provides that the regulations may require an applicant for a personal service permit to have proof of liability insurance and to pass a criminal background clearance. Provides that a personal service permit, with a fee no greater than fifty dollars, shall be valid for two years and shall be renewed pursuant to a fee no greater than eighty dollars, prior to expiration.
Requires BBC to report on the progress of the regulatory process and issuance of personal service permits to the Legislature on or before July 1, 2017.
Makes other technical and clarifying amendments including deleting obsolete references to departments and reports.
FISCAL EFFECT: This bill is keyed “fiscal” by Legislative Counsel. According to the Assembly Committee on Appropriations Committee analysis dated May 13, 2015, this bill will result in on-going annual Special Fund costs of approximately $20.5 million (BBC Contingent Fund) to extend the BBC beyond the January 1, 2016 sunset date. This fund is self-supporting with fee revenue.
COMMENTS:
Purpose. This bill is sponsored by the Author. According to the Author “The BBC ensures that applicants for licensure have completed the necessary training and passed both a written and practical examination in order to demonstrate that licensed individuals possess the knowledge and skills required to perform within the scope of their discipline in order to protect the public's health and safety. In addition, the BBC is responsible for carrying out many responsibilities which ensure the safety of consumers and help benefit the robust licensing populations in California. In an effort to improve the BBC's regulatory capacity and improve administrative inefficiencies, this bill will require the BBC to prioritize some of the issues raised in the Committee's background paper during its sunset review, including reviewing curriculum standards, ensuring that the curriculum and tests are appropriate for Spanish-language test takers, establishing a Health and Safety committee, and making technical changes to outdated sections of the Act.”
Oversight Hearings and Sunset Review of Licensing Boards and Programs. In 2015, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) conducted joint oversight hearings to review 12 regulatory entities: California Accountancy Board; California Architects Board and Landscape Architects Committee; California State Athletic Commission; Board of Barbering and Cosmetology; Cemetery and Funeral Bureau; Contractors State License Board; Dental Board of California; Board for Professional Engineers, Land Surveyors and Geologists; Board of Registered Nursing; Bureau of Security and Investigative Services and; Board of Vocational Nursing and Psychiatric Technicians.
The Committees began their review of the aforementioned licensing agencies in March and conducted two days of Sunset Review Oversight Hearings. This bill and the accompanying sunset bills are intended to implement legislative changes as recommended by staff of the Committees and which are reflected in the Background Papers prepared by Committee staff for each agency and program reviewed by the Committees for this year.
Background. The BBC licenses and regulates over 550,000 licensees. Each profession has its own scope of practice, entry-level requirements, and professional settings, with some overlap in areas. The BBC's licensing population includes: Barbers; Barber Apprentices; Cosmetology Apprentices; Cosmetologists; Electrologists; Estheticians; Manicurists; Establishments; and, Mobile Units. BBC’s membership is comprised of nine members: five public and four professional. As a special fund entity, the BBC receives no General Fund (GF) support, relying solely on fees set in statute and collected from licensing and renewal fees.
The Act specifies the regulations and requirements for licensure. The BBC provides applicants with detailed instructions on the application process and requirements to obtain licensure. For applicants who have received training from a BBC-approved school, the BBC provides the schools a Proof of Training document (POT) that is completed by the school administration. The POT verifies how many hours of training were completed. In order to verify submitted POT documents, a representative from the school is required to sign, under the penalty of perjury, that the information is true and correct. The BBC requires individuals seeking licensure as a barber, cosmetologist, esthetician, electrologists, or a manicurist to take and pass both a written examination and a practical examination.
BBC’s Enforcement Program opens cases based on complaints or issues submitted internally by staff, consumers, agencies, or any outside entity. To ensure the health and safety of consumers, all cases are investigated. Investigations may include an inspection of the establishment, requests for additional information from the consumer or licensee, assistance from the Division of Investigation (DOI) within the DCA, or an evaluation by an expert. Complaint cases are closed after the investigation has revealed insufficient evidence to proceed, compliance with the BBC’s rules and regulations has been demonstrated, or disciplinary action has been taken against the licensee. To ensure compliance with the BBC's health and safety and licensing regulations, random and targeted inspections of establishments are conducted.
Unlicensed activity violations are considered a high priority by both the DCA and the BBC. As the result of an inspection, owners who are operating unlicensed establishments and owners who employ unlicensed individuals are fined up to $1,000. Each unlicensed individual is also cited and fined $1,000. Cases involving licensed owners who have been repeatedly cited for employing unlicensed individuals are forwarded to the AG for discipline including, license suspension, probation, or revocation.
BBC was last reviewed in 2013 and received only a two-year sunset extension because of several concerns raised during the 2013 hearing that needed to be monitored more closely. While not all prior issues were fully resolved, the BBC addressed most of the issues to the satisfaction of the Committees.
Review of BBC: Issues Identified and Recommended Changes. The following are some of the major issues pertaining to the BBC along with background information concerning the particular issue. Recommendations were made by Committee staff regarding the particular issue areas which needed to be addressed.
Issue: Practical Examination and Taking the Written Examination Prior to Completing School
Background: Currently, the BBC requires individuals seeking licensure as a barber, cosmetologist, esthetician, electrologists, or a manicurist to take and pass both a written examination and a practical examination. Candidates are scheduled to take the practical and written examinations on the same day. If they fail either one, they need only to retest the failed portion. The written test is typically multiple-choice and varies in number of questions based on license type. As for the practical examination, applicants are required to demonstrate the hands-on skills and expertise developed during their education. For the practical examination, the hands-on skills are demonstrated through the use of a mannequin head or hand, or on a live model. The BBC authorizes the use of a live model only for the barbering and electrologists examinations. The BBC does not provide live models or the mannequin heads or hands, which are required for the cosmetologist, esthetician, and manicurist examinations. According to the BBC, one of the ways to obtain a mannequin head or hand for the practical examination is by renting an examination "kit." There are several companies that rent practical examination "kits" containing the supplies and equipment needed to complete the examination. However, these are private businesses not affiliated with the BBC, and the BBC cannot refer or recommend one over another.
Only three entities regulated by the DCA require a practical examination: The Speech Language, Pathology and Audiology Board, the Dental Board of California and the BBC. Currently, there are approximately six states that do not have a practical examination. Of the 40 states with practical examinations, five require the schools to administer the examination. In FY 2013-14, the BBC spent more than $3 million to administer examinations. It is unclear if the practical examination or the written examination is more costly to the BBC to administer or if there is any potential cost savings if an examination administered by the BBC was eliminated. In a prior sunset review of the BBC, the issue was raised regarding the cost of examinations to the BBC. In the 2012 sunset review background paper, staff commented on the testing structure and reported that "[BBC]’s testing costs are higher than other boards and bureaus within [DCA] largely because the practical examination administration requires that [BBC] maintain and staff exam facilities."
While the original intent of a practical examination is unclear, the BBC has been utilizing this examination since at least 1992. It is unclear if the elements assessed on the practical examination could be administered at the end of school instruction, be assessed by a written examination, or if the practical examination is a better and more accurate instrument for testing a student's minimum competency and expertise in the subject area than the written examination.
The BBC would like to permit students who have completed the required "theory hours" or "freshman training" to be eligible to take the written portion of the licensing examination prior to completing a school program. However, the current curriculum regulations do not specify what must be required in the "theory hours;" delineate how the requirements are applicable to the written examination; or specify if any material learned during the "theory hours" is relevant to taking and passing the practical examination, as well as the written examination. In addition, it is unclear if schools provide instruction in the same format. While the BBC determines the subject matter, it does not standardize schools' courses, nor determine or require certain instructional material.
In its 2014 sunset report, the BBC acknowledged that if early testing is implemented, the BBC will sustain a significant fiscal impact as programming changes would be needed for the BreEZe data base along with changes to the application review process, staffing, and examination sites. Given the current pass rate of the written examination, including the Spanish-language version, it may be more prudent for the BBC to review the instructional and curriculum requirements of schools to determine if any curriculum changes are necessary in order to increase passage rates of the current written examination, along with a comprehensive review of school programs. The question arises, if an individual is able to pass the written examination prior to completing a school program, should consideration be given to shortening the required hours of schooling for licensure?
Recommendation and Proposed Statutory Change: Committee staff noted that the Committees may wish to require the BBC to conduct an occupational analysis of the current practical examination to determine if it is still a reliable and valuable measure of minimal competency or if any changes are necessary. The Committees may wish to require the BBC to conduct an occupational analysis of the current practical examination to determine if it is still a reliable and valuable measure of minimal competency or if any changes are necessary.
This bill requires the BBC to conduct a review of its current 1600-hour curriculum requirements for the Cosmetologist license, including review of the BBC practical examination
Issue: Spanish Language Failure Rates and Language Access
Background: The BBC notes that the low passage rate for individuals taking the Spanish-language written examinations is concerning. The low passage rate for Spanish-language exam takers was raised during the BBC's 2012 sunset review as well. To date, it appears that the passage rate has not improved. To address this issue, the BBC has added information to all of its examination applications that state: Please Note: These documents are translated into the most universal or neutral version of each language to be acceptable to the widest possible audience.
According to information from the United States Census Report in 2011, 43% of Californians, or more than 15 million residents, reported that they spoke a language other than English at home. While the BBC's mission is mainly to protect consumers, it also has a responsibility to its licensing population to ensure that current licensees and potential licensees are able to obtain the appropriate instruction and training necessary to meet California's safety standards, while expanding employment and business opportunities for individuals throughout the State. The BBC has one of the highest licensing populations of all regulatory entities of DCA. Given the large licensing population, the BBC needs to ensure its diverse population obtains the appropriate education and upon completion of a BBC-approved curriculum, is able to pass the required licensing examinations. The Spanish-language pass rate issue has plagued the BBC during the last two sunset reviews and continues to be an issue. It would be beneficial for the BBC to refocus its efforts with schools and examination providers to better understand the issues presented to Spanish-language test takers (or any other language issues that may arise) to ensure that testing problems do not hinder an applicant's ability for licensure.
In order to meet the needs of its diverse licensing population, with respect to regulatory oversight, it is critical that the BBC is able to communicate effectively with its licensees throughout the lifecycle of the licensing process. One of the ways the BBC has sought to increase language access is through the administration of exams. Currently, the BBC offers examinations in four languages – English, Vietnamese, Korean, and Spanish. Passage rates for Spanish test takers continues to be an issue. The BBC noted in its 2014 sunset review report that it made language access one of its priorities over the last two years. To that end, the BBC has translated all of its documents into Vietnamese, Spanish, and Korean. In April 2014, the BBC reported that it established a separate link on its website for the Vietnamese-speaking community which includes forty-two fact sheets that have been translated into Vietnamese. In June 2014, links were created for the Spanish-speaking community and the Korean-speaking community. The fact sheet topics range from “what to expect during an inspection” to “industry advisory notices.” In addition, the inspection report was translated into Vietnamese so that inspectors can provide a handout of the report that indicates the violations found so that the licensee has the option to read these violations in his or her first language.
While the BBC appears to be making progress with language services, stakeholder groups continue to see this as a major issue concerning the BBC and its limited English-speaking populations. During the January 2014, board meeting, stakeholders informed the BBC that they would like to see better translation services during Disciplinary Review Committee (DRC) hearings, more bilingual inspectors, and would like assistance in making sure that translation services are accurate.
Recommendation and Proposed Statutory Change: Committee staff noted that the Committees may wish to require the BBC to work with education providers to ensure that the curriculum and instructional materials meet the needs of students. Committee staff also noted that although the BBC has made significant improvements in addressing language access issues, it is clear that more can be done.
This bill requires the BBC to conduct a review of the Spanish-language examination if the pass rates do not improve within the next year. This bill also requires BBC to review and revise protocols for its inspector program where language barriers exist between inspectors, licensees and owners.
Issue: Health and Safety For Hair Care and Beauty Professionals
Background: The BBC is required to design the curriculum of a health and safety course that must be covered by schools as part of the hours of required instruction. BPC § 7389 specifies that the BBC is to develop or adopt a health and safety course on hazardous substances, which must be taught in schools approved by the BBC. This curriculum needs to be taught as a stand-alone course, separate from other curricula, in order to fulfill the Health and Safety Hazardous Substances requirement. In order to develop the content for this course, the BBC worked with the health professionals from the Labor Occupational Health Program (LHOP) based at the School of Public Health, University of California, Berkeley (UCB). The LHOP curriculum program is titled, Health and Safety for Hair Care and Beauty Professionals. When the program was launched, the BBC praised the curriculum as being the "first of its kind" in California and the nation; however it has not been updated since its release in the 1990s. This issue was raised by a stakeholder group which noted that some of the curriculum content may be in need of updates and revisions. As pointed out, the curriculum does not mention the formaldehydes found in the "Brazilian Blowout" straightener products, and it may not accurately reflect the latest industry-related technology and chemical advancements in the nail care industry.
According to the BBC, it is in the process of updating the curriculum standards. The BBC reports that it has already met with the UCB to discuss these standards; however, the BBC still believes that much of the material is still current but there is information that needs to be added. The BBC reports that it is also working with the DCA on this issue as they would like to make it a web-based curriculum. At this time, the BBC does not have an estimate of the cost for revision or its timeframe for completion. The manual is accessible online, in PDF format, at http://lohp.org/wp-content/uploads/2013/10/hairandbeauty.pdf or it can be ordered through the LOHP for $35.00, as stated on the BBC's website.
Recommendation and Proposed Statutory Change: Committee staff recommended that the BBC should advise the Committees as to when it will revise or update the current curriculum in the Health and Safety for Hair Care and Beauty Professionals manual.
This bill requires the BBC to establish a Health and Safety Advisory Committee to provide recommendations.
Issue: Freelance Certification
Background: The BBC's 2014 sunset review report identified several new issues pertaining to workforce development which included expanding or altering licensing classifications. Currently in California, all BBC-regulated beautification services are required to be obtained within a BBC licensed establishment. BCP § 7317 specifically states that it is unlawful for any person, firm, or corporation to engage in barbering, cosmetology or electrolysis practices, for compensation, in an establishment or mobile unit which is not licensed by the BBC. Legally, those BBC-licensed establishments or the twenty-one licensed mobile units are the only facilities where consumers can access services of licensed professionals regulated by the BBC.
As reported by the BBC, current trends in the beautification industry have found that consumers are beginning to seek services outside the walls of a traditional brick and mortar establishment such as homes, hotels, businesses, and other non-traditional locations. In order to help the BBC in its regulatory capacity keep up with current industry trends, board members discussed this issue at its June 3, 2013 and its July 16, 2013 licensing and examination committee meetings, and again at the October 21, 2013 board meeting. At the formal meeting, board members decided to support the creation of a new freelance certificate. The BBC reports that the pros of a freelance certification include: individuals practicing outside of an establishment are held accountable to health and safety regulations as traditional establishments are, and it provides a solution to current services taking place outside of a licensed establishment or mobile unit. The BBC reports that this new certification will allow consumers who obtain services in non-traditional settings to have the same ability as in traditional establishments to report any health and safety violation and be assured that the individual has met the appropriate licensure requirements to practice. There is one exemption under current law (BPC § 7318) which permits a licensed individual to provide beautification services outside of a licensed establishment or mobile unit, when necessary, due to illness or other physical incapacitation, such as in convalescent homes. These services must be obtained from an individual who is employed by a licensed-establishment.
In its 2014 sunset report, the BBC provided information on other states that offer a similar license or registration. Washington offers a personal service license and Oregon offers a freelance authorization, both of which allow consumers to access services outside of a licensed establishment. Ohio offers a temporary special event permit which temporarily allows for cosmetology services to be provided in a location not licensed by the regulatory entity. In addition, New York authorizes licensees to practice in remote locations as long as the applicable requirements are followed. Information has been shared with Committee staff that identifies new business models in other states, where services are conducted outside of a traditional brick and mortar establishment. Individuals are receiving services at business offices, hotels, or other sites not traditionally common to industry practices in California. Changing beautification service areas will require expanding or altering the regulatory landscape of the BBC to ensure consumer safety.
While the BBC offers a mobile unit license, the parameters for operation are limited. The mobile unit allows licensees to offer traditional services outside of a brick and mortar establishment in a mobile unit or "salon on wheels." Mobile units are required to meet certain specifications, pass inspections, and cannot be used for residential purposes. Mobile units allow services to be conducted at someone's home; however, the services must be provided in the unit and not in the consumer's residence. The BBC reported that it had twenty-one licensed mobile units in FY 2013-14, an increase of six from FY 2010-11.
While data is limited in California, examples from other states' licensure requirements and new business models may highlight a growing demand to modify California's licensing standards to reflect industry changes trending in other states. In order for the BBC to continue to effectively regulate the beautification market, it is important to make sure that service demands are consistent with the services being offered by licensed professionals. Currently, a cosmetologist performing a hair style for a bride at a hotel or other venue is guilty of unlicensed activity because they are operating outside of a BBC-licensed establishment. In order to ensure that consumers are able to obtain services at a location outside of a licensed establishment, while still ensuring the relevant safety guidelines and standards are met, there may be a need to revise current laws in order to permit licensees to perform services outside of a physical establishment.
Recommendation and Proposed Statutory Change: Committee staff recommended that the BBC should explain to the Committees any new regulations, industry standards or licensing reforms that would be necessary to implement a new freelance certificate and explain how the BBC could regulate such certificates in a matter consistent with its mission. In addition, the BBC should explain to the Committees if it would need to enhance application requirements for freelance certificates, such as expanding the background check program or adding bonding requirements.
This bill requires the BBC, through regulations, to establish a personal service permit.
Issue: Technical Changes Necessary To Improve the Act
Background: Currently in the BPC, there are a number of outdated references and obsolete code sections in the Act. As a result of previous sunset reviews, the BBC has been required to conduct several studies and reviews and report back to the appropriate policy committees of the Legislature. For example, BPC § 7303.2 requires the BBC to conduct studies and reviews regarding the apprenticeship program, the national examination, the 1600-hour training requirement for cosmetologists, among others and report back to the Legislature no later than September 1, 2005. This section is no longer relevant and is outdated. In addition, BPC § 7404(4)(c) makes an outdated reference to the California Department of Health Services instead of the current Department of Public Health. It would be both beneficial and prudent to strikeout outdated references and obsolete code sections. The Board should recommend cleanup amendments for this section.
Recommendation and Proposed Statutory Change: Committee staff recommended that BBC should recommend any additional technical cleanup amendments for BPC § 7301 et seq. to the Committees.
This bill makes various technical changes to delete references to obsolete code sections and update references to other agencies.
Related Legislation This Year. SB 465 (Hill) extends the operation of the Contractors’ State License Board until 2020 and makes various changes to the Contractors’ State License Law. (Status: The bill is pending in the Assembly Committee on Business and Professions.)
SB 466 (Hill) sunsets the Board of Registered Nursing. (Status: The bill is pending in the Assembly Committee on Business and Professions.)
SB 467 (Hill) extends the operation of the California Board of Accountancy until 2020 and makes various changes in regards to the DCA. (Status: The bill is pending in the Assembly Committee on Business and Professions.)
SB 468 (Hill) extends the operation of the Bureau of Security and Investigative Services and the Alarm Company Act, Locksmith Act, Private Investigator Act, Private Security Services Act, Proprietary Security Services Act, and Collateral Recovery Act until January 1, 2020. It also subjects the Bureau to review by the appropriate committees of the Legislature and makes various changes to provisions in the aforementioned Acts to improve the oversight, enforcement and regulation by the Bureau of licensees under each Act. (Status: The bill is pending in the Assembly Committee on Business and Professions.)
SB 469 (Hill) extends the operation of the California State Athletic Commission until January 1, 2020. Makes changes to the laws governing the Commission’s operations and the Commission’s oversight of professional and amateur boxing, professional and amateur kickboxing, all forms and combinations of full contact martial arts contests, including mixed martial arts and matches or exhibitions conducted, held or given in California. (Status: The bill is pending in the Assembly Committee on Business and Professions.)
AB 177 (Bonilla) extends the operation of the Board for Professional Engineers, Land Surveyors and Geologists and California Architects Board and Landscape Architects Committee until January 1, 2020. (Status: The bill is also set for a hearing before this Committee on July 6.)
AB 178 (Bonilla) extends the operation of the Board of Vocational Nursing and Psychiatric Technicians until January 1, 2020. (Status: The bill is pending in the Senate Appropriations Committee.)
AB 179 (Bonilla) extends the operation of the Dental Board of California until January 1, 2020. (Status: The bill is also set for a hearing before this Committee on July 6.)
AB 180 (Bonilla) extends the operation of the Cemetery and Funeral Bureau until January 1, 2020. (Status: The bill is also set for a hearing before this Committee on July 6.)
Prior Related Legislation. SB 308 (Lieu, Chapter 333, Statutes of 2013) extends until January 1, 2018, the provisions of the Interior Design Law and the Board of Guide Dogs for the Blind and extends until January 1, 2016 the provisions of the BBC and the term of its EO, and makes various other technical changes and improvements to those provisions.
AB 1545 (Eng, Chapter 35 Statutes of 2008) was an urgency measure which re-established the BBC within the DCA because legislation extending the sunset (SB 534, Perata of 2007) was vetoed and without this and the accompanying measure, SB 797 (Ridley-Thomas, Chapter 33, Statutes of 2008), statutory authority for the BBC’s existence would have come to an end July 1, 2008. SB 797 also sought to maintain continuity with the regulatory and administrative functions of the BBC for the period of time between July 1, 2008, and January 1, 2009, when it would be inoperative as a board. SB 797 authorized the appointment of the BBC executive officer and authorized DCA to create an advisory committee made up of the former members of the BBC to advise and direct the bureau chief for the six months between July 1 and December 31. SB 797 extended the sunset date on the authority of the BBC and authority to appoint an executive officer to January 1, 2012.
SB 1482 (Polanco, Chapter 1148, Statutes of 2002) recreated the BBC as an independent Board consisting of two public members and seven members representing the professions.
SB 2036 (McCorquordale, Chapter 908, Statutes of 1994) eliminated BBC and transferred its functions to a Bureau within DCA.
SUPPORT AND OPPOSITION:
Support:
Manicube
Professional Beauty Federation of California
Opposition:
None on file as of June 30, 2015.
-- END --
AB 181
Page 3
ASSEMBLY THIRD READING
AB 181
(Bonilla)
As Amended April 23, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Business & Professions |
14-0 |
Bonilla, Jones, Baker, Bloom, Burke, Chang, Dodd, Eggman, Gatto, Holden, Mullin, Ting, Wilk, Wood |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Extends the regulatory authority for the Board of Barbering and Cosmetology (BBC) until January 1, 2020; requires the BBC to conduct a review of its current 1,600-hour curriculum requirements for the Cosmetologist license; requires the BBC to review and revise protocols for its inspector program; requires the BBC to establish a Health and Safety Advisory Committee; and, makes minor and technical changes to delete obsolete code sections and references. Specifically, this bill:
Requires the BBC to conduct a study and review of the 1,600-hour training requirement for Cosmetologists and report back to appropriate policy committees by November 1, 2018.
Requires the BBC to conduct a review of the Spanish-language examination and curriculum requirements to determine if by January 1, 2016, the pass rate for Spanish speakers did not increase to the average pass rate for all other language examinations during the two-year period prior to January 1, 2016.
Requires the BBC to adopt regulations that establish a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers.
Requires the BBC to establish a Health and Safety Advisory Committee to provide the BBC with advice and recommendations on health and safety issues before the BBC.
Makes other technical and clarifying amendments including deleting obsolete references to departments and reports.
FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill will result in ongoing annual Special Fund costs of approximately $20.5 million to the BBC Contingent Fund to extend the BBC beyond the January 1, 2016, sunset date. This fund is self-supporting with fee revenue.
COMMENTS:
Purpose. This bill is one of five author-sponsored sunset bills. According to the author, "The BBC ensures that applicants for licensure have completed the necessary training and passed both a written and practical examination in order to demonstrate that licensed individuals possess the knowledge and skills required to perform within the scope of their discipline in order to protect the public's health and safety. In addition, the BBC is responsible for carrying out many responsibilities which ensure the safety of consumers and help benefit the robust licensing populations in California. In an effort to improve the BBC's regulatory capacity and improve administrative inefficiencies, this bill will require the BBC to prioritize some of the issues raised in the Committee's background paper during its sunset review, including reviewing curriculum standards, ensuring that the curriculum and tests are appropriate for Spanish-language test takers, establishing a Health and Safety committee, and making technical changes to outdated sections of the Act."
Background. The BBC licenses and regulates over 550,000 licensees. Each profession has its own scope of practice, entry-level requirements, and professional settings, with some overlap in areas. The BBC's licensing population includes: Barbers; Barber Apprentices; Cosmetology Apprentices; Cosmetologists; Electrologists; Estheticians; Manicurists; Establishments; and, Mobile Units. The BBC's last sunset review was completed in 2013, and at that time it was granted a two-year extension to address outstanding issues as determined by the Legislature.
Joint Oversight Hearings and Sunset Review of Department of Consumer Affairs (DCA) Licensing Boards. In March of 2015, the Assembly Business and Professions Committee and the Senate Business, Professions and Economic Development Committee conducted multiple joint oversight hearings to review ten regulatory boards and other entities within the DCA. The sunset bills are intended to implement legislative changes recommended in the respective background reports drafted by the committees for the agencies reviewed this year.
The legislation pertaining to this bill is based on specific issues raised and addressed in the report released by the Assembly Business and Professions Committee. The BBC was last reviewed in 2013 and received only a two-year sunset extension because of several concerns raised during the 2013 hearing that needed to be monitored more closely. While not all prior issues were fully resolved, the BBC addressed most of the issues to the satisfaction of the Committees. Therefore, this bill makes changes to the BBC as recommended in the Assembly Business and Professions Committee background paper, including extending the BBC;'s sunset date to January 1, 2020, and its authority to appoint an executive officer.
Inspector Program. An important and essential arm of the BBC's enforcement activities is the Inspection Program, whose primary role is enforcing health and safety regulations. This is accomplished through directed, random, initial and targeted inspections of the 50,473 establishments and 283 schools of barbering, cosmetology, and electrology. Challenges with the Inspector Program are not unique to the BBC and have previously been raised by Legislative Committees and DCA audits. During the BBC's 2013 sunset review, the Committee's background paper cited "continuous problems with the Inspector Program" and requested the BBC to address numerous issues including the inappropriate use of the position, lack of proper training, and concerns with vacancies. In addition to the BBC's reported inspection challenges, stakeholders have also shared concerns with the inspection process, especially as it pertains to language barriers. As noted, the BBC regulates a diverse population, which includes many individuals with limited English proficiency, who cannot always understand English-language inspection forms or are met with communication problems during an inspection. Currently, it appears that the BBC does not have a standardized protocol or systematic process for inspectors when they encounter potential language barriers, which may complicate the inspection process and result in dissatisfactory outcomes for licensees. The BBC reports that in an effort to help better identify concerns of licensees regarding inspectors and the inspection process, it has translated complaint forms into Vietnamese, Spanish, and Korean. The BBC reports that it is also working with the DCA to provide training to inspectors. In order to help address some of the challenges with the Inspector Program, this bill will require the BBC to develop a protocol for inspecting establishments where language concerns exist.
Curriculum Requirement. In 2009, the BBC reports that it transitioned to the national written examination. Since the transition, the BBC has seen a decline in the pass rates of the written examination. The BBC reports that this may result from new material on the examination being "current and relevant to today's practices" as the previous examination had been in circulation for many years and many schools often provided courses on how to pass the old version of the examination. It is unclear what, if any, updates, changes, or revisions were made to schools' curriculum standards or if reference materials were updated as a result of the transition to the national examination. This bill will require the BBC to review its current curriculum standards to ensure that the 1600-hour requirement for cosmetologists is warranted and that the materials being taught to students are relevant to today's practices.
In addition, the committee's background paper also noted concerns with the Spanish-language examination pass rate which has been low for a number of years. According to information from the United States Census Report in 2011, 43% of Californians, or more than 15 million residents, reported that they spoke a language other than English at home. While the BBC's mission is mainly to protect consumers, it also has a responsibility to its licensing population to ensure that current licensees and potential licensees are able to obtain the appropriate instruction and training necessary to meet California's safety standards balanced with a mission to expand employment and business opportunities for individuals throughout the State. The BBC has one of the highest licensing populations of all regulatory entities of DCA. Given the large licensing population, the BBC needs to ensure its diverse population obtains the appropriate education and upon completion of a BBC-approved curriculum, is able to pass the required licensing examinations. The Spanish-language pass rate issue has plagued the BBC during the last two sunset reviews and continues to be an issue. This bill will require the BBC to conduct a review of the Spanish-language examination and curriculum as specified.
Advisory Committee. During the BBC's 2013 sunset review, the committee background paper raised current health and safety issues which continue to plague the beautification industry, especially in nail salons. The report stated, "nail salons are of particular concern due to the high preponderance of minority women working for extremely long hours in settings that are not properly ventilated and having constant contact with potentially dangerous chemicals linked to illness and reproductive health problems." Because the continued changes in the industry and new beautification products are brought to market, this bill requires the BBC to establish a permanent committee which is designated to review industry trends as they relate to health and safety standards to ensure the timely distribution of information about potential and growing concerns.
Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301 FN: 0000727
AB 181
Page 2
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 181
(Bonilla) – As Amended April 23, 2015
Policy Committee: |
Business and Professions |
Vote: |
14 - 0 |
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|
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill extends the sunset date for the Board of Barbering and Cosmetology (BBC) from January 1, 2016, to January 1, 2020, and requires the BBC to address issues raised during its sunset review process.
FISCAL EFFECT:
On-going annual Special Fund costs of approximately $20.5 million (BBC Contingent Fund) to extend the BBC beyond the January 1, 2016 sunset date. This fund is self-supporting with fee revenue.
COMMENTS:
Purpose. This bill is one of five author-sponsored sunset bills. According to the author, "The BBC ensures that applicants for licensure have completed the necessary training and passed both a written and practical examination demonstrating they possess the knowledge and skills required to perform within the scope of their discipline. In addition, the BBC is responsible for carrying out many responsibilities which ensure the safety of consumers and help benefit the robust licensing populations in California. In an effort to improve the BBC's regulatory capacity and improve administrative inefficiencies, this bill will require the BBC to prioritize issues raised in the Committee's background paper during its sunset review, including reviewing curriculum standards, ensuring that the curriculum and tests are appropriate for Spanish-language test takers, establishing a Health and Safety committee, and making technical changes to outdated sections of the Act."
Background. The BBC licenses and regulates over 550,000 licensees. Each profession has its own scope of practice, entry-level requirements, and professional settings, with some overlap in areas. The BBC's licensing population includes: Barbers; Barber Apprentices; Cosmetology Apprentices; Cosmetologists; Electrologists; Estheticians; Manicurists; Establishments; and, Mobile Units. The BBC's last sunset review was completed in 2013. At that time it was granted a two-year extension to address outstanding issues as determined by the Legislature.
Prior Legislation.
SB 308 (Lieu) Chapter 333, Statutes of 2013, among other provisions, extends until January 1, 2016 the provisions of the BBC and the term of its executive officer, and makes various other technical changes and improvements to those provisions.
AB 1545 (Eng), Chapter, 35 Statutes of 2008, among other provisions, re-established the BBC within the DCA, established an executive officer for the board and contained a sunset date of January 1, 2012.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
AB 181
Page 5
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 181
Bonilla – As Amended April 23, 2015
SUBJECT: Professions and vocations: barbering and cosmetology.
SUMMARY: Extends the regulatory authority for the Board of Barbering and Cosmetology (BBC) until January 1, 2020; requires the BBC to conduct a review of its current 1600-hour curriculum requirements for the Cosmetologist license; requires the BBC to review and revise protocols for its inspector program; requires the BBC to establish a Health and Safety Advisory Committee; and, makes minor and technical changes to delete obsolete code sections and references.
EXISTING LAW:
Establishes the BBC which provides for the licensure and regulation of Barbers; Barber Apprentices; Cosmetology Apprentices; Cosmetologists; Electrologists; Estheticians; Manicurists; Establishments; and, Mobile Units, within the Department of Consumer Affairs (DCA) to administer and enforce the Barbering and Cosmetology Act (Act). (Business and Professions Code (BPC) Section 7301 et seq.)
Specifies that the BBC is comprised of nine members, five public and four professional; authorizes the BBC to appoint an executive officer (EO); and specifies that the BBC is subject to review of the appropriate policy committees of the Legislature, as specified. (BPC Section 7303.2)
Requires that the protection of the public is the highest priority for the BBC in exercising its licensing, regulatory, and disciplinary functions and whenever the protection of the public is inconsistent with other interests, the protection of the public is the priority. (BPC Section 7303.1)
Requires the BBC's EO and authorized representatives, as specified, to have access to, for the purpose of required inspections, any establishment or mobile unit during business hours or at any time in which barbering and cosmetology are being performed. (BPC Section 7313)
Requires, within 90 days after issuance of the establishment license, an inspection of the establishment for compliance with the applicable rules and regulations of the BBC. (BPC Section 7353 (a)(1))
Requires the BBC to maintain a program of random and targeted inspections of establishments, as specified, and prohibits the BBC from reducing the number of employees assigned to perform random inspections, targeted inspections, and investigations related to field operations below the level funded, as specified. (BPC Section 7353(b)(d))
Prohibits the practice of barbering, cosmetology, or electrolysis for compensation without a valid, unexpired provider license or in an establishment or mobile unit unless licensed by the BBC. (BPC Section 7317)
Permits the practice of barbering and cosmetology outside of a licensed establishment when necessary due to illness or other physical or mental incapacitation of the recipient of the service when performed by an individual licensed by the BBC. (BPC 7318)
THIS BILL:
Requires the BBC to conduct a study and review of the 1600-hour training requirement for Cosmetologists and report back to appropriate policy committees by November 1, 2018.
Requires the BBC to conduct a review of the Spanish-language examination and curriculum requirements to determine if by January 1, 2016, the pass rate for Spanish speakers did not increase to the average pass rate for all other language examinations during the two-year period prior to January 1, 2016.
Requires the BBC to adopt regulations that establish a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers.
Requires the BBC to establish a Health and Safety Advisory Committee to provide the BBC with advice and recommendations on health and safety issues before the BBC.
Makes other technical and clarifying amendments including deleting obsolete references to departments and reports.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is one of five author-sponsored sunset bills. According to the author, "The BBC ensures that applicants for licensure have completed the necessary training and passed both a written and practical examination in order to demonstrate that licensed individuals possess the knowledge and skills required to perform within the scope of their discipline in order to protect the public's health and safety. In addition, the BBC is responsible for carrying out many responsibilities which ensure the safety of consumers and help benefit the robust licensing populations in California. In an effort to improve the BBC's regulatory capacity and improve administrative inefficiencies, this bill will require the BBC to prioritize some of the issues raised in the Committee's background paper during its sunset review, including reviewing curriculum standards, ensuring that the curriculum and tests are appropriate for Spanish-language test takers, establishing a Health and Safety committee, and making technical changes to outdated sections of the Act."
Background. The BBC licenses and regulates over 550,000 licensees. Each profession has its own scope of practice, entry-level requirements, and professional settings, with some overlap in areas. The BBC's licensing population includes: Barbers; Barber Apprentices; Cosmetology Apprentices; Cosmetologists; Electrologists; Estheticians; Manicurists; Establishments; and, Mobile Units. The BBC's last sunset review was completed in 2013, and at that time it was granted a two-year extension to address outstanding issues as determined by the Legislature.
Joint Oversight Hearings and Sunset Review of DCA Licensing
Boards. In March of 2015, the Assembly Business and Professions
Committee and the Senate Business, Professions and Economic
Development Committee conducted multiple joint oversight hearings to
review ten regulatory boards and other entities within the DCA. The
sunset bills are intended to implement legislative changes
recommended in the respective background reports drafted by the
Committees for the agencies reviewed this year.
The sunset review process. The sunset review process provides a formal mechanism for the DCA; the Legislature; the regulatory boards, bureaus and committees; interested parties; and stakeholders to make recommendations for improvements to the authority of consumer protection boards and bureaus. This is performed on a standard four-year cycle and was mandated by SB 2036 (McCorquodale) (Chapter 908, Statutes of 1994). Each eligible agency is required to submit to the Committees a report covering the entire period since last reviewed that includes, among other things, the purpose and necessity of the agency and any recommendations of the agency for changes or reorganization in order to better fulfill its purpose. During "sunset review," the Committees take public testimony and evaluate the eligible agency prior to the date the agency is scheduled to be repealed. An eligible agency is allowed to sunset unless the Legislature enacts a law to extend, consolidate, or reorganize the eligible agency.
The legislation pertaining to this bill is based on specific issues raised and addressed in the report released by the Assembly Business and Professions Committee. The BBC was last reviewed in 2013 and received only a two-year sunset extension because of several concerns raised during the 2013 hearing that needed to be monitored more closely. While not all prior issues were fully resolved, the BBC addressed most of the issues to the satisfaction of the Committees. Therefore, this bill makes changes to the BBC as recommended in the Assembly Business and Professions Committee background paper, including extending the BBC;'s sunset date to January 1, 2020 and its authority to appoint an EO.
Inspector Program. An important and essential arm of the BBC’s enforcement activities is the Inspection Program, whose primary role is enforcing health and safety regulations. This is accomplished through directed, random, initial and targeted inspections of the 50,473 establishments and 283 schools of barbering, cosmetology, and electrology. Challenges with the Inspector Program are not unique to the BBC and have previously been raised by Legislative Committees and DCA audits. During the BBC's 2013 sunset review, the Committee's background paper cited "continuous problems with the Inspector Program" and requested the BBC to address numerous issues including the inappropriate use of the position, lack of proper training, and concerns with vacancies. In addition to the BBC's reported inspection challenges, stakeholders have also shared concerns with the inspection process, especially as it pertains to language barriers. As noted, the BBC regulates a diverse population, which includes many individuals with limited English proficiency, who cannot always understand English-language inspection forms or are met with communication problems during an inspection. Currently, it appears that the BBC does not have a standardized protocol or systematic process for inspectors when they encounter potential language barriers, which may complicate the inspection process and result in dissatisfactory outcomes for licensees. The BBC reports that in an effort to help better identify concerns of licensees regarding inspectors and the inspection process, it has translated complaint forms into Vietnamese, Spanish, and Korean. The BBC reports that it is also working with the DCA to provide training to inspectors. In order to help address some of the challenges with the Inspector Program, this bill will require the BBC to develop a protocol for inspecting establishments where language concerns exist.
Curriculum Requirement. In 2009, the BBC reports that it transitioned to the national written examination. Since the transition, the BBC has seen a decline in the pass rates of the written examination. The BBC reports that this may result from new material on the examination being "current and relevant to today's practices" as the previous examination had been in circulation for many years and many schools often provided courses on how to pass the old version of the examination. It is unclear what, if any, updates, changes, or revisions were made to schools' curriculum standards or if reference materials were updated as a result of the transition to the national examination. This bill will require the BBC to review its current curriculum standards to ensure that the 1600-hour requirement for cosmetologists is warranted and that the materials being taught to students are relevant to today's practices.
BPC Section 7362 specifies that the BBC is required to determine by regulation the subjects which must be completed, the approved courses (what material must be taught), including the minimum hours of technical instruction and practical operations that a student must complete for each subject.
In addition, the Committee's background paper also noted concerns with the Spanish-language examination pass rate which has been low for a number of years. According to information from the United States Census Report in 2011, 43% of Californians, or more than 15 million residents, reported that they spoke a language other than English at home. While the BBC's mission is mainly to protect consumers, it also has a responsibility to its licensing population to ensure that current licensees and potential licensees are able to obtain the appropriate instruction and training necessary to meet California's safety standards balanced with a mission to expand employment and business opportunities for individuals throughout the State. The BBC has one of the highest licensing populations of all regulatory entities of DCA. Given the large licensing population, the BBC needs to ensure its diverse population obtains the appropriate education and upon completion of a BBC-approved curriculum, is able to pass the required licensing examinations. The Spanish-language pass rate issue has plagued the BBC during the last two sunset reviews and continues to be an issue. This bill will require the BBC to conduct a review of the Spanish-language examination and curriculum as specified.
Advisory Committee. During the BBC's 2013 sunset review, the committee background paper raised current health and safety issues which continue to plague the beautification industry, especially in nail salons. The report stated, "nail salons are of particular concern due to the high preponderance of minority women working for extremely long hours in settings that are not properly ventilated and having constant contact with potentially dangerous chemicals linked to illness and reproductive health problems." Because the continued changes in the industry and new beautification products are brought to market, this bill requires the BBC to establish a permanent committee which is designated to review industry trends as they relate to health and safety standards to ensure the timely distribution of information about potential and growing concerns
Previous Related Legislation. SB 308 (Lieu) Chapter 333, Statutes of 2013, extends until January 1, 2018 the provisions of the Interior Design Law and the Board of Guide Dogs for the Blind and extends until January 1, 2016 the provisions of the BBC and the term of its executive officer, and makes various other technical changes and improvements to those provisions.
AB 1545 (Eng), Chapter, 35 Statutes of 2008, re-established the DBC, the Speech-Language Pathology and Audiology Board, the BVNPT, and the BBC within the DCA; establishes an executive officer for each board; repeals those provisions on January 1, 2012.
REGISTERED SUPPORT:
None on file.
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Elissa Silva / B. & P. / (916) 319-3301
Bill Author
Bill Co-Author(s):
