Date of Hearing: April 23, 2019

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Evan Low, Chair

ABPCA Bill Id:AB 817

Author:(Kiley) – As Introduced Ver:February 20, 2019

SUBJECT: Barbering and cosmetology: mobile units.

SUMMARY: Revises and eliminates various requirements relating to the operation of a mobile unit in which barbering and cosmetology services may be practiced.

EXISTING LAW:

1. Establishes the State Board of Barbering and Cosmetology (Board) under the jurisdiction of the Department of Consumer Affairs (DCA) to license and regulate barbers, cosmetologists, electrologists, estheticians, and manicurists pursuant to the Barbering and Cosmetology Act. (Business and Professions Code (BPC) §§ 7301 et seq.)
2. Provides that protection of the public shall be the highest priority for the Board in exercising its licensing, regulatory, and disciplinary functions. (BPC § 7303.1)
3. Defines the practice of barbering as all or any combination of the following:
   1. Shaving or trimming the beard or cutting the hair;
   2. Giving facial and scalp massages or treatments with oils, creams, lotions, or other preparations either by hand or mechanical appliances;
   3. Singeing, shampooing, arranging, dressing, curling, waving, chemical waving, hair relaxing, or dyeing the hair or applying hair tonics;
   4. Applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to scalp, face, or neck;
   5. Hairstyling of all textures of hair by standard methods that are current at the time.

(BPC § 7316(a))

1. Defines the practice of cosmetology as all or any combination of the following:
   1. Arranging, dressing, curling, waving, machineless permanent waving, permanent waving, cleansing, cutting, shampooing, relaxing, singeing, bleaching, tinting, coloring, straightening, dyeing, applying hair tonics to, beautifying, or otherwise treating by any means, the hair of any person.
   2. Massaging, cleaning, or stimulating the scalp, face, neck, arms, or upper part of the human body, by means of the hands, devices, apparatus or appliances, with or without the use of cosmetic preparations, antiseptics, tonics, lotions, or creams.
   3. Beautifying the face, neck, arms, or upper part of the human body, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams.
   4. Removing superfluous hair from the body of any person by the use of depilatories or by the use of tweezers, chemicals, or preparations or by the use of devices or appliances of any kind or description, except by the use of light waves, commonly known as rays.
   5. Cutting, trimming, polishing, tinting, coloring, cleansing, or manicuring the nails of any person.
   6. Massaging, cleansing, treating, or beautifying the hands or feet of any person.
2. Exempts from the definition of barbering and cosmetology the practices of wig-fitting, natural hair braiding, and threading. (BPC § 7316(d)
3. Makes it unlawful to engage in barbering and cosmetology for compensation without a valid, unexpired license issued by the Board, punishable by an administrative fine or a misdemeanor. (BPC § 7317)
4. Allows a licensed barber or cosmetologist to perform services for compensation outside of a licensed establishment when necessary due to the illness or other physical or mental incapacitation of the recipient of the service. (BPC § 7318)
5. Exempts from the licensure requirement for barbering and cosmetology all of the following:
   1. Individuals licensed to practice medicine, surgery, dentistry, pharmacy, osteopathic medicine, chiropractic, naturopathy, podiatry, or nursing and acting within the scope of practice for which they are licensed.
   2. Commissioned officers of the United States Army, Navy, Air Force, Marine Corps, members of the United States Public Health Service, and attendants attached to those services when engaged in the actual performance of their official duties.
   3. Persons employed in the course of and incidental to the business of employers engaged in the theatrical, radio, television, or motion picture production industry.
   4. Persons engaged in any practice without receiving compensation.
   5. Persons engaged in the administration of hair, skin, or nail products for the exclusive purpose of recommending, demonstrating, or selling those products.
   6. Persons who render barbering or cosmetology services in an institutional program during the course of and incidental to the incarceration or confinement of inmates, prisoners, or persons charged with a crime.

(BPC § 7319)

1. Requires the Board to allow any person to take the barbering license examination who has submitted an application, paid the fee, is at least 17 years old, has completed the 10th grade, is not otherwise disqualified, and has completed either an approved barbering course, an approved apprenticeship program, or has specified equivalent experience. (BPC § 7321.5.)
2. Requires applicants for licensure by the Board to complete both a practical demonstration and a written test. (BPC § 7338)
3. Requires the Board to determine the required subjects of instruction to be completed in all approved courses, including the minimum hours of technical instruction and minimum numbers of practical operations for each subject, and determine how much training is required before a student begins performing services on paying patrons. (BPC § 7362)
4. Requires the Board to promulgate regulations regarding the creation of a personal service permit (PSP) and issue a PSP to any individual who meets the criteria set forth in the regulations. (BPC § 7402.5)
5. Prohibits persons who are not licensed as barbers or cosmologists in the state to represent themselves as barbers or cosmologists. (BPC § 7320.3, § 7320.4)
6. Requires barbering and cosmetology licensees to display their license in a conspicuous place in their place of business or employment. (BPC § 7397)
7. Defines a “mobile unit” as any self-contained, self-supporting, enclosed mobile unit which is at least 24 feet in length which is licensed as an establishment for the practice of any occupation licensed by the Board and which complies with this article and all health and safety regulations established by the Board. (BPC § 7354)
8. Outlines the requirements for a person, firm, or corporation to apply to the Board to operate a mobile unit or transfer ownership or control of an existing licensed mobile unit. (BPC §§ 7355-7356)
9. Requires mobile units to comply with regulations adopted by the Board that assure that the unit is kept clean, in good repair, and in compliance with the law. (BPC § 7357)

THIS BILL:

1. Strikes the requirement that a mobile unit be at least 24 feet in length which is licensed as an establishment for the practice of any occupation licensed by the board and which complies with this article and all health and safety regulations established by the board.
2. Strikes language stating that a mobile unit license shall authorize the operation of the unit only within those geographical boundaries designated by the Board.
3. Removes requirements that certain documents verifying the locally lawful operation of a mobile unit be provided in an application and instead simply require a signed acknowledgement that the applicant is in compliance with all applicable city and county requirements.
4. Eliminates the requirement that a self-contained, potable water supply be not less than 100 gallons, and the holding tanks shall be of adequate capacity, and eliminates this requirement entirely if shampooing services are not offered.
5. Removes various other requirements from mobile units, including toilets, disposal containers, lead generators, and combustible containers; requires instead that a system of adequate ventilation simply be provided.

FISCAL EFFECT: Unknown; this bill is keyed fiscal by the Legislative Counsel.

COMMENTS:

Purpose. This bill is sponsored by the author. According to the author:

The most important goal of licensing should be to protect the health and safety of the public. Current law places unnecessary barriers that prevent mobile barbershops from responding to the modern demands of their customers. AB 817 seeks to regain balance between protecting consumers and allowing business to serve and meet the demands of their customers, when and where their services are requested.

Background.

Board of Barbering and Cosmetology. The Board 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 Board’s licensing population includes barbers, cosmetologists, electrologists, estheticians, manicurists, establishments, and mobile units. As a special fund entity, the Board receives no General Fund support, relying solely on fees set in statute and collected from licensing and renewal fees. In addition to licensing individuals, the Board approves schools. A barbering and cosmetology school must first be approved by the Board and subsequently approved by the Bureau for Private Postsecondary Education. Under existing law, a barbering course is required to be 1,500 hours of practical training and technical instruction; a cosmetologist course is required to be 1,600 hours. Licensees are not required to complete continuing education.

Mobile Units. According to the Board, there are only 47 licensed mobile units in California. The author believes that this is due to unnecessarily onerous and burdensome regulation. However, it is possible that the mobile unit business model is simply not a modern practice of barbering and cosmetology, where salon-centered services are more popular with both consumers and professionals.

Current Related Legislation. AB 193 (Patterson) would remove shampooing and makeup application from the Barbering and Cosmetology Act. This bill is pending in the Assembly Business and Professions Committee.

Prior Related Legislation. SB 999 (Morrell) would have eliminated shampooing and other services from the scope of practice for barbering and cosmetology. This bill failed passage in the Assembly Business and Professions Committee.

POLICY ISSUE(S) FOR CONSIDERATION:

Timeliness. The Board’s sunset review is currently underway. The sunset process provides a regular forum for discussion around the successes and challenges of various programs and the consideration of proposed changes to laws governing the regulation of professionals. In light of the many policy issues in need of resolution with this bill and the potential to work on these potential challenges within a broader conversation regarding the regulation of barbering and cosmetology more comprehensively, it may make sense to defer the reforms in this bill to allow the discussion to continue as part of the sunset process.

REGISTERED SUPPORT:

None on file.

REGISTERED OPPOSITION:

None on file.

Analysis Prepared by: Robert Sumner / B. & P. / (916) 319-3301