Existing law, the Barbering and Cosmetology Act, authorizes a student who is enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary Education in a course approved by the State Board of Barbering and Cosmetology to work as an unpaid extern in a cosmetology establishment participating in the educational program of the school, subject to certain requirements and conditions.

This bill would authorize a student who is enrolled in an approved course of instruction in a school of cosmetology approved by the board to work as an extern in an establishment pursuant to those provisions. The bill would also provide a similar authorization for a student enrolled in an approved course of instruction in a school of barbering approved by the board to work as an extern in an establishment participating in the educational program of the school.

Existing law, the Barbering and Cosmetology Act, authorizes a student who is enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary Education in a course approved by the State Board of Barbering and Cosmetology to work as an unpaid extern in a cosmetology establishment participating in the educational program of the school, subject to certain requirements and conditions.

This bill would authorize a student who is enrolled in an approved course of instruction in a school of cosmetology approved by the board to work as an extern in an establishment pursuant to those provisions. The bill would also provide a similar authorization for a student enrolled in an approved course of instruction in a school of barbering approved by the board to work as an extern in an establishment participating in the educational program of the school.

Existing law, the Barbering and Cosmetology Act, authorizes a student who is enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary Education in a course approved by the State Board of Barbering and Cosmetology to work as an unpaid extern in a cosmetology establishment participating in the educational program of the school, subject to certain requirements and conditions. Existing law makes a violation of the act a misdemeanor.

This bill would also authorize a student who is enrolled in a public school in this state that provides a course of instruction in cosmetology approved by the board to work as an extern in a cosmetology an establishment pursuant to those provisions. The bill would also provide a similar authorization for a student enrolled in an approved course of instruction in a school of barbering approved by the board to work as an extern in a barbering an establishment participating in the educational program of the school.

Existing law, the Barbering and Cosmetology Act, authorizes a student who is enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary Education in a course approved by the State Board of Barbering and Cosmetology to work as an unpaid extern in a cosmetology establishment participating in the educational program of the school, subject to certain requirements and conditions. Existing law makes a violation of the act a misdemeanor.

This bill would also authorize a student who is enrolled in a public school in this state that provides a course of instruction in cosmetology approved by the board to work as an extern in a cosmetology establishment pursuant to those provisions. The bill would also provide a similar authorization for a student enrolled in an approved course of instruction in a school of barbering approved by the board to work as an extern in a barbering establishment participating in the educational program of the school.

Existing law, the Barbering and Cosmetology Act, authorizes a student who is enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary Education in a course approved by the State Board of Barbering and Cosmetology to work as an unpaid extern in a cosmetology establishment participating in the educational program of the school, subject to certain requirements and conditions.

This bill would also authorize a student who is enrolled in a public school in this state that provides a course of instruction approved by the board to work as an extern pursuant to those provisions.

 CONSENT  

Bill No: AB 2134

Author:

:

Vote:

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/25/18

AYES: Hill, Fuller, Allen, Dodd, Galgiani, Glazer, Hernandez, Pan, Wilk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 73-0, 5/17/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Marilyn Grinsdale, Citrus Community College Protocol and Government Relations Officer

DIGEST:

This bill expands the BBC’s externship program by authorizing a student enrolled in a course in cosmetology offered by a public institution and a student enrolled in an approved barbering program to work unpaid in a licensed establishment.

ANALYSIS:

Existing law:

1. Provides for the licensure regulation of the practice of barbering, cosmetology, and electrolysis under the Barbering and Cosmetology Act (Act) by the BBC. (Business and Professions Code (BPC) § 7303)
2. Requires a course in barbering to consist of at least 1,500 hours of practical training and a course in cosmetology to consist of at least 1,600 hours of practical training. (BPC § 7362.5)
3. Defines “establishment” as any premises, building or part of a building where any licensed activity is practiced. (BPC § 7346)
4. Makes it unlawful for any person, firm, or corporation to hire, employ, or allow to be employed, or permit to work, in or about an establishment, any person who performs or practices any occupation regulated under the Act who is not licensed by the BBC, Authorizes a licensed cosmetology establishment to utilize a student extern. (BPC § 7349)
5. Authorizes a student enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary Education (BPPE), in a BBC approved course, to work as an unpaid extern in a cosmetology establishment participating in the educational program of the school. Sets forth various requirements for establishments and externs to participate. (BPC § 7395.1)

This bill expands the BBC’s externship program by authorizing a student enrolled in a barbering or cosmetology course offered by any BBC approved school, including public institutions, to work as an unpaid extern in a licensed establishment.

Background

This bill seeks to ensure that students enrolled in all cosmetology programs, such as those offered at California community colleges, can participate in the BBC extern program. Currently law specifies that the student be enrolled in a BPPE approved program.

BBC currently licenses 29,554 barbers and 314,552 cosmetologists. To become a licensed barber, an applicant must submit proof of completion to BBC of 1500 training hours covering all practices of a barber, including 1100 hours of technical instruction and practical training in hair dressing; 200 hours of technical instruction and practical training in shaving; and 200 hours of technical instruction in health and safety. To become a licensed cosmetologist, an applicant must submit proof of completion to BBC of 1600 training hours covering all practices of a cosmetologist, including 1100 hours of technical instruction and practical training in hair dressing; 200 hours of technical instruction in health and safety; 200 hours of technical instruction and practical training in esthetics; and 100 hours of technical instruction and practical training in manicuring and pedicuring.

The 1600 hour education requirement for cosmetology licensure has been a discussion point for the Legislature during previous sunset review oversight of the BBC. The review asked whether many of the beautification services offered by BBC licensees require the mandatory schooling and training hours necessary and noted that while there may be significant health concerns related to some practices, there may also not be a need for an individual performing specialized services to invest in a whole training program. The 2014-15 sunset review oversight of the BBC further examined the issue of the required curriculum and connection to practice. AB 181 (Bonilla, Chapter 430, Statutes of 2013), the bill stemming from the comprehensive review of BBC, required 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.

Externship Program. According to BBC, the externship program allows a student who is enrolled in a private cosmetology school to perform services in a licensed salon, for which they are not compensated, under the direct and immediate supervision of a designated licensee. Unlike an apprentice who is paid while working under the guidance and supervision of a licensee in lieu of attending school, an extern works in an establishment while attending a private cosmetology but is not paid. The externship program is limited only to students attending private cosmetology schools who are working toward completing a program in cosmetology, manicuring, esthetics, and cosmetology cross-over, while the apprenticeship program authorizes students of both public and private institutions, in barbering, cosmetology or electrology programs, to participate. A student is eligible to participate in the externship program after completion 60 percent of the hours required for program completion. In order for a cosmetology student to participate in an externship, the private cosmetology school they attend must submit a “Notification of Participation in the Cosmetology Externship Program” form to BBC; Title 9, Division 9, 962.1 CCR § states that “It is the responsibility of the each participating school to ensure that the establishments and licensees participating in the cosmetology externship program remain in good standing.” The BBC’s rules also limit participation to those establishments that employ individuals to provide beautification services, and prohibits establishments that only contract with individuals from having externs. The student earns hours that can be used to fulfill the requirements of their private cosmetology program but only up to 8 hours per week and only up to 10 percent of the total hours required to complete a program.

The goal behind the statutory creation of an externship opportunity was to provide students the opportunity to work in the field prior to graduating and becoming licensed. At the time, the sponsor of SB 1498 (Hughes, Chapter 1142, Statutes of 1994) which established the extern framework in the Act, noted that the program would give students a better chance to secure a job after becoming licensed and simultaneously allow schools to track graduates more efficiently to comply with job placement data requirements.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 8/7/18)

Marilyn Grinsdale, Citrus Community College Protocol and Government Relations Officer (source)

Citrus College

OPPOSITION: (Verified 8/7/18)

None received

ARGUMENTS IN SUPPORT: Citrus College supports this bill, noting that currently only cosmetology students enrolled in programs offered by private schools are eligible to participate in the BBC’s externship program. Citrus College writes that its cosmetology students devote many hours to community service and highlights the recognition for excellence its program has received.

ASSEMBLY FLOOR: 73-0, 5/17/18

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Cristina Garcia, Melendez, Muratsuchi, Santiago, Steinorth

Prepared by:

8/8/18 15:47:08

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Jerry Hill, Chair

2017 - 2018 Regular

Bill No: Hearing Date: June 25, 2018

Subject:

SUMMARY:

Expands the BBC’s externship program by authorizing a student enrolled in a course in cosmetology offered by a public institution and a student enrolled in an approved barbering program to work unpaid in a licensed establishment.

Existing law:

1. Provides for the licensure regulation of the practice of barbering, cosmetology, and electrolysis under the Barbering and Cosmetology Act (Act) by the BBC. (Business and Professions Code (BPC) § 7303)
2. Provides for licensure of cosmetologists by BBC to practice cosmetology and requires applicants to be over the age of 17, complete 10th grade in a public California school or equivalent, not subject to a denial and have either completed a course in cosmetology from a BBC approved school, or practiced cosmetology in another state for a period of time equivalent to the study and training of a BBC approved course, or holds a license as a barber and completed a cosmetology crossover course or completed an apprenticeship program in cosmetology. (BPC § 7321)
3. Provides for licensure of barbers by BBC to practice barbering and requires applicants to be over the age of 17, complete 10th grade in a public California school or equivalent, not subject to a denial and have either completed a course in barbering from a BBC approved school, or practiced barbering in another state for a period of time equivalent to the study and training of a BBC approved course, or holds a license as a cosmetologist and completed a barbering crossover course, or completed an apprenticeship program in barbering, or completed comparable military training.
   (BPC § 7321.5)
4. Requires a school that provides training required under the Act to be approved by BBC and subsequently by the Bureau for Private Postsecondary Education (BPPE) or be a public school and to provide a course of instruction approved by BBC. (BPC § 7362)
5. Requires a course in barbering to consist of at least 1,500 hours of practical training and a course in cosmetology to consist of at least 1,600 hours of practical training. (BPC § 7362.5)
6. Provides that students engaged in performing service on the public while enrolled in a BBC approved school shall not be required to be licensed, if they perform those services at the approved school in which they are enrolled. (BPC § 7319.5)
7. Authorizes BBC to offer an apprenticeship program as a pathway to licensure. Specifies that an apprentice is any person licensed by BBC to engage in learning or acquiring a knowledge of barbering, cosmetology, skin care, nail care, or electrology, in a licensed establishment under the supervision of a licensee approved by BBC. Requires apprentices to be supervised by all times by a licensee approved by BBC while performing services in a licensed establishment. (BPC § 7332)
8. Requires applicants for licensure to complete both a practical demonstration and a written test that embrace the subjects typically taught in BBC approved program. (BPC § 7338)
9. Defines “establishment” as any premises, building or part of a building where any licensed activity is practiced. (BPC § 7346)
10. Makes it unlawful for any person, firm, or corporation to hire, employ, or allow to be employed, or permit to work, in or about an establishment, any person who performs or practices any occupation regulated under the Act who is not licensed by the BBC, Authorizes a licensed cosmetology establishment to utilize a student extern.
    (BPC § 7349)
11. Authorizes a student enrolled in a school of cosmetology approved by the BPPE, in a BBC approved course, to work as an unpaid extern in a cosmetology establishment participating in the educational program of the school. Sets forth various requirements for establishments and externs to participate. (BPC § 7395.1)

This bill expands the BBC’s externship program by authorizing a student enrolled in a barbering or cosmetology course offered by any BBC approved school, including public institutions, to work as an unpaid extern in a licensed establishment.

FISCAL EFFECT: This bill is keyed fiscal by Legislative Counsel. According to the Assembly Committee on Appropriations analysis dated May 9, 2018, this bill will result in minor and absorbable costs to BBC.

COMMENTS:

1. Purpose. This bill is sponsored by Marilyn Grinsdale, Citrus Community College Protocol and Government Relations officer. According to the Author, “Currently, the Barbering and Cosmetology Act authorizes a student who is enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary Education, in a course approved by the State Board of Barbering and Cosmetology, to work as an unpaid extern in a cosmetology establishment participating in the educational program of the school, subject to certain requirements and conditions.

However, there is currently a void in the Business and Professions Code 7395.1 (a) which, in effect, excludes students in public cosmetology schools, such as California community colleges, from participating in such externship programs.”

1. Background on BBC and BBC Licensure. 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 Act specifies the regulations and requirements for licensure and BBC regulations outline specific curriculum applicants are required to complete. 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 currently licenses 29,554 barbers and 314,552 cosmetologists. To become a licensed barber, an applicant must submit proof of completion to BBC of 1500 training hours covering all practices of a barber, including 1100 hours of technical instruction and practical training in hair dressing; 200 hours of technical instruction and practical training in shaving; and 200 hours of technical instruction in health and safety. To become a licensed cosmetologist, an applicant must submit proof of completion to BBC of 1600 training hours covering all practices of a cosmetologist, including 1100 hours of technical instruction and practical training in hair dressing; 200 hours of technical instruction in health and safety; 200 hours of technical instruction and practical training in esthetics; and 100 hours of technical instruction and practical training in manicuring and pedicuring.

The 1600 hour education requirement for cosmetology licensure has been a discussion point for the Legislature during previous sunset review oversight of the BBC. The review asked whether many of the beautification services offered by BBC licensees require the mandatory schooling and training hours necessary and noted that while there may be significant health concerns related to some practices, there may also not be a need for an individual performing specialized services to invest in a whole training program. The 2014-15 sunset review oversight of the BBC further examined the issue of the required curriculum and connection to practice. AB 181 (Bonilla, Chapter 430, Statutes of 2013), the bill stemming from the comprehensive review of BBC, required 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.

1. Externship Program. According to BBC, the externship program allows a student who is enrolled in a private cosmetology school to perform services in a licensed salon, for which they are not compensated, under the direct and immediate supervision of a designated licensee. Unlike an apprentice who is paid while working under the guidance and supervision of a licensee in lieu of attending school, an extern works in an establishment while attending a private cosmetology but is not paid. The EP is limited only to students attending private cosmetology schools who are working toward completing a program in cosmetology, manicuring, esthetics, and cosmetology cross-over, while the apprenticeship program authorizes students of both public and private institutions, in barbering, cosmetology or electrology programs, to participate. A student is eligible to participate in the externship program after completion 60 percent of the hours required for program completion. In order for a cosmetology student to participate in an externship, the private cosmetology school they attend must submit a “Notification of Participation in the Cosmetology Externship Program” form to BBC; Title 9, Division 9, 962.1 CCR § states that “It is the responsibility of the each participating school to ensure that the establishments and licensees participating in the cosmetology externship program remain in good standing.” The BBC’s rules also limit participation to those establishments that employ individuals to provide beautification services, and prohibits establishments that only contract with individuals from having externs. The student earns hours that can be used to fulfill the requirements of their private cosmetology program but only up to 8 hours per week and only up to 10 percent of the total hours required to complete a program.
   

The goal behind the statutory creation of an externship opportunity was to provide students the opportunity to work in the field prior to graduating and becoming licensed. At the time, the sponsor of SB 1498 (Hughes, Chapter 1142, Statutes of 1994) which established the extern framework in the Act, noted that the program would give students a better chance to secure a job after becoming licensed and simultaneously allow schools to track graduates more efficiently to comply with job placement data requirements.

1. Arguments in Support. Citrus College supports this bill, noting that currently only cosmetology students enrolled in programs offered by private schools are eligible to participate in the BBC’s externship program. Citrus College writes that its cosmetology students devote many hours to community service and highlights the recognition for excellence its program has received.

SUPPORT AND OPPOSITION:

Support:

Citrus College

Opposition:

None on file as of June 20, 2018.

-- END --

Date of Hearing: May 9, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2134

Author:(Rubio) – As Amended Ver:April 26, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes a student enrolled in a public school (e.g. community college) that provides instruction approved by the Board of Barbering and Cosmetology (Board) in either cosmetology or barbering to work as an extern in an establishment participating in the educational program of the school.

The bill also specifies criteria establishments must meet to conduct a barbering externship program. These requirements are similar to those currently in place for establishments conducting cosmetology externship programs.

FISCAL EFFECT:

Minor and absorbable costs to the Board of Barbering and Cosmetology, within the Department of Consumer Affairs (DCA).

COMMENTS:

1. Purpose. This bill seeks to expand extern opportunities for barbering and cosmetology students in two ways. First, it authorizes externships for barbering students. Second, it allows barbering and cosmetology students who participate in Board-approved programs at their public schools to participate in externship programs.
2. Background. Existing law requires an applicant for licensure as either a barber or cosmetologist with the Board of Barbering and Cosmetology to meet specified requirements. One pathway to licensure is through instruction in barbering or cosmetology at either a) a cosmetology or barbering school that has been approved by the Board and the Bureau for Private Postsecondary Education or b) at a public school with instruction approved by the Board.

Existing law authorizes, but does not require, an applicant for licensure as a cosmetologist to complete an unpaid externship as a part of the course of study. Existing law imposes requirements and restrictions on the cosmetology establishments hosting unpaid externs. Current law does not authorize students of barbering to work as unpaid externs.

Under existing law, cosmetology students who participate in an externship are required to be enrolled in a private school of cosmetology approved by the Bureau for Private Postsecondary Education. This requirement excludes students enrolled in public schools from participating in an externship. The Board has approved 42 public schools to offer a cosmetology program. Fifteen of those schools also offer a barbering program.

This bill authorizes externships for barbering students in a similar manner as for cosmetology students and allows both cosmetology and barbering students in Board-approved public school programs to participate in externship programs.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 24, 2018

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Evan Low, Chair

ABPCA Bill Id:AB 2134

Author:(Rubio) – As Amended Ver:March 23, 2018

SUBJECT: Cosmetology students: externships.

SUMMARY: AB 2134 would authorize a student enrolled in a public school that provides a course of instruction in either cosmetology or barbering to work as an extern in a cosmetology or barbering establishment, respectively.

EXISTING LAW:

1. Requires the Board of Barbering and Cosmetology, within the Department of Consumer Affairs, to make rules and regulations in aid or furtherance of the Barbering and Cosmetology Act, conduct and administer examinations for applicants for licensure, issue licenses, discipline persons in violations of the Barbering and Cosmetology Act, adopt rules governing sanitary conditions and precautions to protect the public health, and make all written materials provided to licensees in English, Korean, Spanish, and Vietnamese. (Business and Professions Code Section 7312)
2. Provides that students engaged in performing service on the public while enrolled in a school approved by the Board shall not be required to be licensed, if they perform those services at the approved school in which they are enrolled. (Business and Professions Code Section 7319.5)
3. Requires the Board to admit to examination for a license as a cosmetologist any person who has applied to the Board in proper form, is not less than 17 years of age, has completed 10^th grade or its equivalent, is not subject to denial under Business and Professions Code Section 480 (relating to criminal convictions, fraud, or other actions that would be grounds for suspension or revocation of a license), and has either 1) completed a course in cosmetology from a Board approved school, 2) practiced cosmetology outside of the state for a period of time equivalent to the required training, 3) holds a license as a barber and has completed cosmetology crossover training, 4) completed a barbering course and completed a cosmetology crossover course, or 5) completed an approved apprenticeship program. (Business and Professions Code Section 7321)
4. Requires the Board to admit to examination for a license as a barber any person who has applied to the Board in proper form, is not less than 17 years of age, has completed 10^th grade or its equivalent, is not subject to denial under Business and Professions Code Section 480 (relating to criminal convictions, fraud, or other actions that would be grounds for suspension or revocation of a license), and has either 1) completed a course in barbering from a Board approved school, 2) completed an approved apprentice program, 3) practiced barbering outside of the state for a period of time equivalent to the required training, 4) holds a license as a cosmetologist and has completed barbering crossover training, 5) completed a cosmetology course and completed a barbering crossover course, or 6) completed comparable military training. (Business and Professions Code Section 7321.5)
5. Defines “establishment” as any premises, building or part of a building where any licensed activity is practiced. (Business and Professions Code Section 7346)
6. Requires any person, firm, or corporation desiring to operate an establishment to make an application to the bureau for a license and sets for the licensing requirements. (Business and Professions Code Section 7347)
7. Makes it unlawful for any person, firm, or corporation to hire, employ, or allow to be employed, or permit to work, in or about an establishment, any person who performs or practices any occupation regulated under the Barbering and Cosmetology Act and is not licensed by the Board, except that a licensed cosmetology establishment may utilize a student extern. (Business and Professions Code Section 7349)
8. Requires a school that provides training required under the Barbering and Cosmetology Act to be approved by the Board and subsequently by the Bureau for Private Postsecondary Education or be a public school and to provide a course of instruction approved by the Board. (Business and Professions Code Section 7362)
9. Requires a course in barbering to consist of at least 1,500 hours of practical training and a course in cosmetology to consist of at least 1,600 hours of practical training. (Business and Professions Code Section 7362.5)
10. Authorizes 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, upon completion of a minimum of 60 percent of the clock hours required for graduation in the course, to work as an unpaid extern in a cosmetology establishment participating in the educational program of the school of cosmetology (Business and Professions Code Section 7395.1)
11. Establishes the requirements for participating cosmetology establishments and the required activities of the extern, such as limiting the number of externs to one per every four licensees, requiring externs to wear identification, requiring at least 90 percent of an extern’s duties to relate to the practice of cosmetology, requiring oversight by the participating cosmetology school, and imposing other requirements on the establishment. (Business and Professions Code Section 7395.1)

THIS BILL:

1. Would authorize a barbering establishment to utilize an unpaid student extern who is not licensed by the Board.
2. Would authorize a student who is enrolled in a public school cosmetology course approved by the Board to work as an unpaid extern in a cosmetology establishment.
3. Would authorize a student enrolled in an approved course of instruction in a school of barbering approved by the Board (either public or private) to work as an unpaid extern in a barbering establishment, with specified requirements on the establishment (similar to those currently imposed on participating cosmetology establishments).

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

COMMENTS:

Purpose. This bill is sponsored by Marilyn Grinsdale, Protocol & Government Relations Officer for the Citrus Community College District.

According to the author, “AB 2134 will authorize a student who is enrolled in a public school in California, which provides courses of instruction approved by the State Board of Barbering and Cosmetology, the ability to work as an unpaid extern in a cosmetology establishment that is participating in the educational program of the school”.

Background. Under current law, an applicant for licensure as either a barber or cosmetologist with the Board of Barbering and Cosmetology must meet specified requirements. One of the pathways to licensure as a barber or cosmetologist is the completion of a course in either barbering or cosmetology that has been approved by the Board and the Bureau for Private Postsecondary Education or is a public school. Current law requires applicants for licensure as a barber utilizing the course of study pathway to have completed 1,500 hours of practical training and applicants for licensure as a cosmetologist to have completed 1,600 hours of practical training.

Current law authorizes, but does not require, an applicant for licensure as a cosmetologist to have completed an unpaid externship as a part of the course of study. Current law imposes requirements on allowable extern experience. For example, at least 60 percent of the clock hours in the cosmetology program must have been completed, externs can receive up to eight hours per week towards their clock hours requirement, and clock hours earned in an externship cannot comprise more than 10 percent of the total required clock hours. Current law also imposes certain requirements and restrictions on the cosmetology establishments hosting unpaid externs.

Current law limits the ability for cosmetology students to perform an externship to those who are enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary Education. This excludes public schools offering such courses. At the time the authority to perform externships was enacted, the public schools offering approved cosmetology courses were not interested in participating in externship programs. Currently, the Board has approved 42 public schools to offer a cosmetology program and 15 of those schools also offer a barbering program.

Current law does not allow for students of barbering to work as an unpaid extern as part of their course of study.

ARGUMENTS IN SUPPORT:

The Professional Beauty Federation of California writes in support “the PBFC supports both extensions for the good of their students and our future licensees, who will come out of school with more tangible, real-world experience and skills as a result”.

ARGUMENTS IN OPPOSITION:

None on file

AMENDMENTS:

Both current law and the bill refer to “barbering establishments” and “cosmetology establishments.” However, the Board licenses establishments as “any premises, building, or part of a building where any activity licensed under this chapter is practiced.” The Board does not license specific barbering establishments versus cosmetology establishments.

Staff recommends the bill be amended to use the general term “establishment” rather than “barbering establishment” or “cosmetology establishment” to conform to current practice and also to allow students of either cosmetology or barbering to perform an externship in a qualifying establishment, even if the establishment itself does not specialize in either barbering or cosmetology.

Also, Business and Professions Code Section 7349 should be amended to correct the term “bureau” to “board” as this refers to the Board of Barbering and Cosmetology.

REGISTERED SUPPORT:

Marilyn Grinsdale, Protocol & Government Relations Officer for the Citrus Community College District (sponsor)

The Professional Beauty Federation of California

REGISTERED OPPOSITION:

None on file.

Analysis Prepared by: Brendan McCarthy / B. & P. / (916) 319-3301