UNFINISHED BUSINESS  

Bill No: SB 606

Author: Glazer (D)

Amended: 9/6/19

Vote: 21

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 4/22/19

AYES: Glazer, Chang, Archuleta, Dodd, Galgiani, Hill, Leyva, Pan, Wilk

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/16/19

AYES: Portantino, Bates, Bradford, Hill, Jones, Wieckowski

SENATE FLOOR: 38-0, 5/23/19

AYES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ASSEMBLY FLOOR: 77-0

(ROLL CALL NOT AVAILABLE)

SUBJECT: Professions and vocations

SOURCE: Author

DIGEST:

This bill provides for a review of the Cemetery and Funeral Bureau (Bureau) by the appropriate policy committees of the Legislature prior to January 1, 2024; extends the sunset date of the Board of Barbering and Cosmetology (BBC) by one year, until January 1, 2021; and, extends the Governor’s authority to appoint an executive officer for the Board of Vocational Nursing and Psychiatric Technicians (BVNPT), by one year, until January 1, 2021.

Assembly Amendments

extend the sunset date for the BBC by one year and extend the authority for the Governor to appoint the executive officer of the BVNPT until January 1, 2021.

ANALYSIS:

Existing law:

1. Establishes the Bureau under the Department of Consumer Affairs (DCA) for the licensure and regulation of cemeteries, funeral establishments, crematories, cemetery salespersons, brokers, managers, cremated remains disposers, and endowment care, as specified. (Business and Professions Code (BPC) § 7600 et seq.)
2. Subjects the Bureau to review by the appropriate policy committees of the Legislature. The review shall be performed as if the Professions and vocations (Act) were scheduled to be repealed as of January 1, 2020. (BPC § 7602)
3. Defines an "embalmer" as one who is duly qualified to disinfect or preserve human remains by the injection or external application of antiseptics, disinfectants, or preservative fluids; to prepare human bodies for transportation which are dead of contagious or infectious diseases; and to use derma surgery or plastic art for restoring mutilated features; and who is duly licensed as an embalmer under the laws of this state. (BPC § 7640)
4. Prohibits a person from embalming a body, or hold himself or herself out as engaged in practice as an embalmer, unless he or she is licensed by the Bureau; and, specifies that this does not apply to students and instructors of embalming in Bureau approved mortuary programs. (BPC § 7641)
5. Requires the Bureau to require an applicant for an “embalmer” license to pass both a national examination administered by the International Conference of Funeral Service Examining Boards, or its equivalent, as determined by the Bureau, and to pass an examination on the state’s laws and the rules and regulations of the Bureau, including those sections of the Health and Safety Code which pertain to the funeral industry, and allows the applicant who has previously failed the examination prior to January 1, 2010, to have until June 30, 2010 to retake the examination. (BPC § 7646)
6. Specifies that the Bureau may examine the requirements for the issuance of licenses to embalmers in other states of the U.S. from time to time. (BPC § 7650)
7. Establishes, until January 1, 2020, the BBC under the DCA to administer and enforce the Barbering and Cosmetology Act. (BPC § 7303)
8. Establishes the BVNPT within the DCA, to license and regulate licensed vocational nurses and psychiatic technicians. (BPC §§ 2840-2895.5 and §§ 4500-4548)

This bill:

1. Removes the time period for the retaking of the embalmer’s examination and requires the Bureau to examine the requirements for the issuance of licenses of embalmers in other states every four years.
2. Provides the notwithstanding any other law, the powers and duties of the bureau, as set forth in the Act, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this Act were scheduled to be repealed as of January 1, 2024.
3. Extends the sunset date of the BBC by one year, until January 1, 2021.
4. Extends the Governor’s authority to appoint the executive officer of the BVNPT by one year, until January 1, 2021.

Comments

Oversight hearings and sunset review of licensing boards and programs. Beginning in 2018, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of 10 regulatory entities and the DCA. The Committees conducted two oversight hearings in February and March.

Cemetery and Funeral Bureau. The Bureau licenses, regulates, and investigates complaints against California funeral establishments (about 1,060 currently licensed locations), funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery salespersons, cremated remains disposers, crematories, crematory managers, cemetery managers, cemetery brokers and the nearly 195 licensed privately-owned cemeteries in the state. The Bureau does not have authority over cemeteries operated by religious organizations, cities, counties, or cemetery districts, and the military or Native American tribal organizations. Currently, the Bureau licenses and regulates approximately 13,500 licensees in the 13 different licensing categories. The Bureau has the oversight responsibility for both fiduciary and operational activities of its licensing population. With respect to the financial aspect of the industry, the Bureau is responsible for the oversight and regulation of preneed funeral trust funds, cemetery endowment care trust funds, and cemetery special care trust funds. With respect to the sale of insurance policies used to fund preneed funeral arrangements, the Department of Insurance regulates the sales of such policies while the Bureau ensures compliance with price disclosures and contract requirements under the Bureau’s jurisdiction.

Sunset review. As noted in the Bureau’s 2018 Committees staff Background Paper, the health, safety and welfare of consumers are protected by the presence of a strong licensing and regulatory Bureau charged with regulating the cemetery and funeral industry within California. The death of a loved one can be one of the most traumatic experiences a consumer will face. Given the complex and sensitive nature of ensuring compliance with state and federal laws regarding the death care industry such as ensuring fair and accurate price list disclosures, auditing endowment care funds, overseeing preneed trusts, and inspecting funeral homes and crematory facilities, the Bureau is well-positioned to continue the regulation over nearly every aspect of the licensed cemetery and funeral industries. The Bureau has the financial regulatory authority to ensure compliance with the laws, verify accounting and investing practices, and identify funding shortages. Although, there are a number of issues identified above, which the Bureau can improve upon and prioritize to continue to safeguard against inappropriate conduct, regulation by the Bureau should be continued and reviewed again in four years where the Legislature may once again review whether the issues and recommendations in the Background Paper have been addressed.

Board of Barbering and Cosmetology. 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 2015, and at that time it was granted a four-year extension to address outstanding issues as determined by the Legislature. This bill extends the BBC by one year until January 1, 2021.

Board of Vocational Nursing and Psychiatric Technicians. The BVNPT is responsible for administering the laws related to the education, practice and discipline of Licensed Vocational Nurses and Psychiatric Technicians. As a result of AB 1229 (Low, Chapter 586, Statutes of 2017), the Governor was granted the authority to appoint a new executive officer until January 1, 2020. This bill extends that authority until January 1, 2020, which coincides with the current sunset date for the BVNPT.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee:

1. On-going annual special fund costs of approximately $4.48 million (Cemetery and Funeral Fund) to extend the Bureau beyond the January 1, 2020, sunset date. The fund source is self-supporting with fee revenue. Costs specifically relating to examining embalmer licensure requirements in other states are negligible.
2. On-going annual special fund costs of approximately $21 million (Barbering and Cosmetology Contingent Fund) to extend the Board from January 1, 2020, to January 1, 2021. This fund source is self-supporting with fee revenue.

SUPPORT: (Verified 9/11/19)

Associated Hair Professionals

Associated Nail Professionals

Associated Skin Care Professionals

OPPOSITION: (Verified 9/11/19)

None received

ARGUMENTS IN SUPPORT: Supporters write in support of extending the BBC’s sunset date and note “…the BBC serves a critical role in the oversight and regulation of the barbering and cosmetology professions of California.”

Prepared by: Elissa Silva / B., P. & E.D. / 916-651-4104

9/13/19 21:39:38

**** END ****

Date of Hearing: September 10, 2019

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Evan Low, Chair

SBPCA Bill Id:SB 606

Author:(Glazer) – As Amended Ver:September 6, 2019

NOTE: Pursuant to Assembly Rule 77.2, this bill has been re-referred to this Committee to consider amendments taken on the Assembly Floor.

SENATE VOTE: 38-0

SUBJECT: Professions and vocations

SUMMARY: Extends the temporary requirement that the Governor appoint the executive officer of the Board of Vocational Nursing and Psychiatric Technicians by one year, from January 1, 2020, to January 1, 2021; extends the operation of the Board of Barbering and Cosmetology until January 1, 2021; re-subjects the Cemetery and Funeral Bureau to review by the appropriate policy committees of the Legislature in 2023; and deletes the delay for the retaking of the embalmer's examination; authorizes the Cemetery and Funeral Bureau to examine the requirements for the issuance of licenses of embalmers in other states every four years instead of "time to time."

EXISTING LAW:

1. Regulates and licenses the practice of vocational nursing under the Vocational Nursing Practice Act and technical psychiatric care under the Psychiatric Technicians Law. (Business and Professions Code (BPC) §§ 2840-2895.5, 4500-4548)
2. Establishes, until January 1, 2021, the Vocational Nursing and Psychiatric Technicians of the State of California under the Department of Consumer Affairs to administer and enforce the Vocational Nursing Practice Act and Psychiatric Technicians Law. (BPC §§ 2841, 4501)
3. Regulates and licenses the practices of hair, skin, and nail care and electrolysis under the Barbering and Cosmetology Act. (Business and Professions Code (BPC) §§ 7301-7426.5)
4. Establishes, until January 1, 2020, the Board of Barbering and Cosmetology under the Department of Consumer Affairs to administer and enforce the Barbering and Cosmetology Act. (BPC § 7303)
5. Regulates and licenses the business of funeral establishment, cemetery, crematory, embalming, and storage of human remains under the Cemetery and Funeral Act. (BPC §§ 7600-7746)
6. Establishes the Cemetery and Funeral Bureau under the Department of Consumer Affairs to administer and enforce the Cemetery and Funeral Act. (BPC § 7602(a))
7. Subjects the Bureau to review by the appropriate policy committees of the Legislature. The review shall be performed as if the Cemetery and Funeral Act were scheduled to be repealed as of January 1, 2020. (BPC § 7602(b))
8. Defines an "embalmer" as one who is duly qualified to disinfect or preserve human remains by the injection or external application of antiseptics, disinfectants, or preservative fluids; to prepare human bodies for transportation which are dead of contagious or infectious diseases; and to use derma surgery or plastic art for restoring mutilated features; and who is duly licensed as an embalmer under the laws of this state. (BPC § 7640)
9. Prohibits a person from embalming a body or advertising as an embalmer unless licensed by the Bureau, unless a student or instructor of embalming in Bureau-approved mortuary programs. (BPC § 7641)
10. Requires the Bureau to require an applicant for an “embalmer” license to pass both a national examination administered by the International Conference of Funeral Service Examining Boards, or its equivalent, as determined by the Bureau, and to pass an examination on the state’s laws and the rules and regulations of the Bureau, including those sections of the Health and Safety Code which pertain to the funeral industry, and allows the applicant who has previously failed the examination prior to January 1, 2010, to have until June 30, 2010 to retake the examination. (BPC § 7646)
11. Specifies that the Bureau may examine the requirements for the issuance of licenses to embalmers in other states of the U.S. from time to time.
    (BPC § 7650)

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. On-going annual special fund costs of approximately $4.48 million (Cemetery and Funeral Fund) to extend the Bureau beyond the January 1, 2020, sunset date. The fund source is self-supporting with fee revenue. Costs specifically relating to examining embalmer licensure requirements in other states are negligible.
2. On-going annual special fund costs of approximately $21 million (Barbering and Cosmetology Contingent Fund) to extend the Board from January 1, 2020, to January 1, 2021. This fund source is self-supporting with fee revenue.

COMMENTS:

Purpose. This bill is sponsored by the author. According to the author, this bill "is necessary to reflect Committee staff recommendations made for the purpose of remedying issues identified through the Cemetery and Funeral Bureau and the Board of Barbering and Cosmetology's Sunset Review process. This measure is one of four 'sunset bills' the author is sponsoring this year. This bill is necessary to make changes to the Bureau and the [Board of Barbering and Cosmetology's] operations in order to improve the effectiveness and efficiency of these regulatory entities."

Background. Beginning in 2019, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee began their comprehensive sunset review oversight of 10 regulatory entities and the DCA including: California Architect's Board, Landscape Architect's Technical Committee, Dental Board of California, Board for Professional Engineers, Land Surveyors and Geologists, Cemetery and Funeral Bureau, Court Reporters Board of California, California State Athletic Commission, Bureau of Security and Investigative Services, California Board of Accountancy, and the Contractors State License Board. The Committees conducted two oversight hearings in February and March.

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; Barber Apprentices; Cosmetology Apprentices; Cosmetologists; Electrologists; Estheticians; Manicurists; Establishments; and Mobile Units.

Cemetery and Funeral Bureau. The Bureau licenses, regulates, and investigates complaints against California funeral establishments (about 1,060 currently licensed locations), funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery salespersons, cremated remains disposers, crematories, crematory managers, cemetery managers, cemetery brokers and the nearly 195 licensed privately-owned cemeteries in the state. The Bureau does not have authority over cemeteries operated by religious organizations, cities, counties, or cemetery districts, and the military or Native American tribal organizations. Currently, the Bureau licenses and regulates approximately 13,500 licensees in the 13 different licensing categories.

Board of Vocational Nursing and Psychiatric Technicians (BVNPT). The BVNPT is responsible for administering the laws related to the education, practice and discipline of Licensed Vocational Nurses (LVNs) and Psychiatric Technicians (PTs). The BVNPT regulates over 120,000 LVNs and 11,000 PTs, the largest groups of LVNs and PTs in the nation. The BVNPT has 11 members, with a public member majority (six public members and five professional members). Nine members are appointed by the Governor, one by the Speaker of the Assembly and one by the Senate Committee on Rules.

During the BVNPT's last sunset review, the BVNPT was having difficulty finding a permanent executive officer and was dealing with numerous issues related to program administration and enforcement. As a result, the Legislature temporarily authorized the Governor to appoint the BVNPT's executive officer. The amendments taken on the Assembly Floor would extend that authorization by one year, aligning it with the BVNPT's next sunset review.

Prior Related Legislation. AB 1229 (Low), Chapter 586, Statutes of 2017 extended the operation of the BVNPT until January 1, 2021; authorized the Governor to appoint an executive officer until January 1, 2020; specified that, if the BVNPT becomes inoperative or is repealed, the director of the DCA is authorized to assume the duties of the BVNPT; required the BVNPT to submit specified reports to the Legislature until 2020; authorized the DCA director to evaluate the BVNPT's licensing program; required BVNPT staff to meet periodically with the DCA’s Division of Investigation; and authorized the DCA director to determine the need for and to implement necessary changes to the BVNPT's enforcement program.

ARGUMENTS IN SUPPORT:

Associated Skin Care Professionals (ASCP), Associated Hair Professionals (AHP), and Associated Nail Professionals (ANP) write, "Today we write to you in support of [this bill] to extend the sunset date for the Board of Barbering and Cosmetology (BBC). We believe the BBC serves a critical role in the oversight and regulation of the barbering and cosmetology professions of California."

"The cosmetology and barber professions are constantly evolving, and the public demands the most innovative treatments. It is the responsibility of the BBC to ensure the professions establish needed safety standards to keep the public safe. The BBC should continue to evolve and establish rules and support to practitioners and the public that balance public safety and innovation."

ARGUMENTS IN OPPOSITION:

None on file.

REGISTERED SUPPORT:

Associated Bodywork and Massage Professionals

REGISTERED OPPOSITION:

None on file

Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301

Date of Hearing: September 10, 2019

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Evan Low, Chair

SBPCA Bill Id:SB 606

Author:(Glazer) – As Amended Ver:July 11, 2019

NOTE: Pursuant to Assembly Rule 77.2, this bill has been re-referred to this Committee to consider amendments taken on the Assembly Floor.

SENATE VOTE: 38-0

SUBJECT: Professions and vocations

SUMMARY: Extends the temporary requirement that the Governor appoint the executive officer of the Board of Vocational Nursing and Psychiatric Technicians by one year, from January 1, 2020, to January 1, 2021; extends the operation of the Board of Barbering and Cosmetology until January 1, 2021; re-subjects the Cemetery and Funeral Bureau to review by the appropriate policy committees of the Legislature in 2023; and deletes the delay for the retaking of the embalmer's examination; authorizes the Cemetery and Funeral Bureau to examine the requirements for the issuance of licenses of embalmers in other states every four years instead of "time to time."

EXISTING LAW:

1. Regulates and licenses the practice of vocational nursing under the Vocational Nursing Practice Act and technical psychiatric care under the Psychiatric Technicians Law. (Business and Professions Code (BPC) §§ 2840-2895.5, 4500-4548)
2. Establishes, until January 1, 2021, the Vocational Nursing and Psychiatric Technicians of the State of California under the Department of Consumer Affairs to administer and enforce the Vocational Nursing Practice Act and Psychiatric Technicians Law. (BPC §§ 2841, 4501)
3. Regulates and licenses the practices of hair, skin, and nail care and electrolysis under the Barbering and Cosmetology Act. (Business and Professions Code (BPC) §§ 7301-7426.5)
4. Establishes, until January 1, 2020, the Board of Barbering and Cosmetology under the Department of Consumer Affairs to administer and enforce the Barbering and Cosmetology Act. (BPC § 7303)
5. Regulates and licenses the business of funeral establishment, cemetery, crematory, embalming, and storage of human remains under the Cemetery and Funeral Act. (BPC §§ 7600-7746)
6. Establishes the Cemetery and Funeral Bureau under the Department of Consumer Affairs to administer and enforce the Cemetery and Funeral Act. (BPC § 7602(a))
7. Subjects the Bureau to review by the appropriate policy committees of the Legislature. The review shall be performed as if the Cemetery and Funeral Act were scheduled to be repealed as of January 1, 2020. (BPC § 7602(b))
8. Defines an "embalmer" as one who is duly qualified to disinfect or preserve human remains by the injection or external application of antiseptics, disinfectants, or preservative fluids; to prepare human bodies for transportation which are dead of contagious or infectious diseases; and to use derma surgery or plastic art for restoring mutilated features; and who is duly licensed as an embalmer under the laws of this state. (BPC § 7640)
9. Prohibits a person from embalming a body or advertising as an embalmer unless licensed by the Bureau, unless a student or instructor of embalming in Bureau-approved mortuary programs. (BPC § 7641)
10. Requires the Bureau to require an applicant for an “embalmer” license to pass both a national examination administered by the International Conference of Funeral Service Examining Boards, or its equivalent, as determined by the Bureau, and to pass an examination on the state’s laws and the rules and regulations of the Bureau, including those sections of the Health and Safety Code which pertain to the funeral industry, and allows the applicant who has previously failed the examination prior to January 1, 2010, to have until June 30, 2010 to retake the examination. (BPC § 7646)
11. Specifies that the Bureau may examine the requirements for the issuance of licenses to embalmers in other states of the U.S. from time to time.
    (BPC § 7650)

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. On-going annual special fund costs of approximately $4.48 million (Cemetery and Funeral Fund) to extend the Bureau beyond the January 1, 2020, sunset date. The fund source is self-supporting with fee revenue. Costs specifically relating to examining embalmer licensure requirements in other states are negligible.
2. On-going annual special fund costs of approximately $21 million (Barbering and Cosmetology Contingent Fund) to extend the Board from January 1, 2020, to January 1, 2021. This fund source is self-supporting with fee revenue.

COMMENTS:

Purpose. This bill is sponsored by the author. According to the author, this bill "is necessary to reflect Committee staff recommendations made for the purpose of remedying issues identified through the Cemetery and Funeral Bureau and the Board of Barbering and Cosmetology's Sunset Review process. This measure is one of four 'sunset bills' the author is sponsoring this year. This bill is necessary to make changes to the Bureau and the [Board of Barbering and Cosmetology's] operations in order to improve the effectiveness and efficiency of these regulatory entities."

Background. Beginning in 2019, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee began their comprehensive sunset review oversight of 10 regulatory entities and the DCA including: California Architect's Board, Landscape Architect's Technical Committee, Dental Board of California, Board for Professional Engineers, Land Surveyors and Geologists, Cemetery and Funeral Bureau, Court Reporters Board of California, California State Athletic Commission, Bureau of Security and Investigative Services, California Board of Accountancy, and the Contractors State License Board. The Committees conducted two oversight hearings in February and March.

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; Barber Apprentices; Cosmetology Apprentices; Cosmetologists; Electrologists; Estheticians; Manicurists; Establishments; and Mobile Units.

Cemetery and Funeral Bureau. The Bureau licenses, regulates, and investigates complaints against California funeral establishments (about 1,060 currently licensed locations), funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery salespersons, cremated remains disposers, crematories, crematory managers, cemetery managers, cemetery brokers and the nearly 195 licensed privately-owned cemeteries in the state. The Bureau does not have authority over cemeteries operated by religious organizations, cities, counties, or cemetery districts, and the military or Native American tribal organizations. Currently, the Bureau licenses and regulates approximately 13,500 licensees in the 13 different licensing categories.

Board of Vocational Nursing and Psychiatric Technicians (BVNPT). The BVNPT is responsible for administering the laws related to the education, practice and discipline of Licensed Vocational Nurses (LVNs) and Psychiatric Technicians (PTs). The BVNPT regulates over 120,000 LVNs and 11,000 PTs, the largest groups of LVNs and PTs in the nation. The BVNPT has 11 members, with a public member majority (six public members and five professional members). Nine members are appointed by the Governor, one by the Speaker of the Assembly and one by the Senate Committee on Rules.

During the BVNPT's last sunset review, the BVNPT was having difficulty finding a permanent executive officer and was dealing with numerous issues related to program administration and enforcement. As a result, the Legislature temporarily authorized the Governor to appoint the BVNPT's executive officer. The amendments taken on the Assembly Floor would extend that authorization by one year, aligning it with the BVNPT's next sunset review.

Prior Related Legislation. AB 1229 (Low), Chapter 586, Statutes of 2017 extended the operation of the BVNPT until January 1, 2021; authorized the Governor to appoint an executive officer until January 1, 2020; specified that, if the BVNPT becomes inoperative or is repealed, the director of the DCA is authorized to assume the duties of the BVNPT; required the BVNPT to submit specified reports to the Legislature until 2020; authorized the DCA director to evaluate the BVNPT's licensing program; required BVNPT staff to meet periodically with the DCA’s Division of Investigation; and authorized the DCA director to determine the need for and to implement necessary changes to the BVNPT's enforcement program.

ARGUMENTS IN SUPPORT:

Associated Skin Care Professionals (ASCP), Associated Hair Professionals (AHP), and Associated Nail Professionals (ANP) write, "Today we write to you in support of [this bill] to extend the sunset date for the Board of Barbering and Cosmetology (BBC). We believe the BBC serves a critical role in the oversight and regulation of the barbering and cosmetology professions of California."

"The cosmetology and barber professions are constantly evolving, and the public demands the most innovative treatments. It is the responsibility of the BBC to ensure the professions establish needed safety standards to keep the public safe. The BBC should continue to evolve and establish rules and support to practitioners and the public that balance public safety and innovation."

ARGUMENTS IN OPPOSITION:

None on file.

REGISTERED SUPPORT:

Associated Bodywork and Massage Professionals

REGISTERED OPPOSITION:

None on file

Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301

SENATE THIRD READING

STR Bill Id:SB 606

Author:(Glazer)

As Amended Ver:September 6, 2019

Majority vote

SUMMARY:

Extends the operation of the Board of Barbering and Cosmetology until January 1, 2021; subjects the Cemetery and Funeral Bureau to review by the appropriate policy committees of the Legislature in 2023; deletes the delay for the retaking of the embalmer's examination; authorizes the Cemetery and Funeral Bureau to examine the requirements for the issuance of licenses of embalmers in other states every four years instead of "time to time"; and extends the temporary requirement that the Governor appoint the executive officer of the Board of Vocational Nursing and Psychiatric Technicians by one year, from January 1, 2020, to January 1, 2021.

Major Provisions

COMMENTS:

Beginning in 2019, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee began their comprehensive sunset review oversight of 10 regulatory entities and the DCA including: California Architect's Board, Landscape Architect's Technical Committee, Dental Board of California, Board for Professional Engineers, Land Surveyors and Geologists, Cemetery and Funeral Bureau, Court Reporters Board of California, California State Athletic Commission, Bureau of Security and Investigative Services, California Board of Accountancy, and the Contractors State License Board. The Committees conducted two oversight hearings in February and March.

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; Barber Apprentices; Cosmetology Apprentices; Cosmetologists; Electrologists; Estheticians; Manicurists; Establishments; and Mobile Units.

Cemetery and Funeral Bureau. The Bureau licenses, regulates, and investigates complaints against California funeral establishments (about 1,060 currently licensed locations), funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery salespersons, cremated remains disposers, crematories, crematory managers, cemetery managers, cemetery brokers and the nearly 195 licensed privately-owned cemeteries in the state. The Bureau does not have authority over cemeteries operated by religious organizations, cities, counties, or cemetery districts, and the military or Native American tribal organizations. Currently, the Bureau licenses and regulates approximately 13,500 licensees in the 13 different licensing categories.

Board of Vocational Nursing and Psychiatric Technicians (BVNPT). The BVNPT is responsible for administering the laws related to the education, practice and discipline of Licensed Vocational Nurses (LVNs) and Psychiatric Technicians (PTs). The BVNPT regulates over 120,000 LVNs and 11,000 PTs, the largest groups of LVNs and PTs in the nation. The BVNPT has 11 members, with a public member majority (six public members and five professional members). Nine members are appointed by the Governor, one by the Speaker of the Assembly and one by the Senate Committee on Rules.

During the BVNPT's last sunset review, the BVNPT was having difficulty finding a permanent executive officer and was dealing with numerous issues related to program administration and enforcement. As a result, the Legislature temporarily authorized the Governor to appoint the BVNPT's executive officer. This bill would extend that authorization by one year, aligning it with the BVNPT's next sunset review.

According to the Author:

This bill "is necessary to reflect Committee staff recommendations made for the purpose of remedying issues identified through the Cemetery and Funeral Bureau and the Board of Barbering and Cosmetology's Sunset Review process. This measure is one of four 'sunset bills' the author is sponsoring this year. This bill is necessary to make changes to the Bureau and the [Board of Barbering and Cosmetology's] operations in order to improve the effectiveness and efficiency of these regulatory entities."

Arguments in Support:

Associated Skin Care Professionals (ASCP), Associated Hair Professionals (AHP), and Associated Nail Professionals (ANP) write, "Today we write to you in support of [this bill] to extend the sunset date for the Board of Barbering and Cosmetology (BBC). We believe the BBC serves a critical role in the oversight and regulation of the barbering and cosmetology professions of California."

"The cosmetology and barber professions are constantly evolving, and the public demands the most innovative treatments. It is the responsibility of the BBC to ensure the professions establish needed safety standards to keep the public safe. The BBC should continue to evolve and establish rules and support to practitioners and the public that balance public safety and innovation."

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

According to the Assembly Appropriations Committee:

1. On-going annual special fund costs of approximately $4.48 million (Cemetery and Funeral Fund) to extend the Bureau beyond the January 1, 2020, sunset date. The fund source is self-supporting with fee revenue. Costs specifically relating to examining embalmer licensure requirements in other states are negligible.
2. On-going annual special fund costs of approximately $21 million (Barbering and Cosmetology Contingent Fund) to extend the Board from January 1, 2020, to January 1, 2021. This fund source is self-supporting with fee revenue.

VOTES:

SENATE FLOOR: 38-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ASM BUSINESS AND PROFESSIONS: 19-0-0

YES: Low, Brough, Arambula, Bloom, Chen, Chiu, Cunningham, Eggman, Fong, Gipson, Gloria, Grayson, Holden, Irwin, McCarty, Medina, Mullin, Obernolte, Ting

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

UPDATED:

VERSION: September 6, 2019

CONSULTANT: Vincent Chee / B. & P. / (916) 319-3301 FN: 0002143

SENATE THIRD READING

STR Bill Id:SB 606

Author:(Glazer)

As Amended Ver:July 11, 2019

Majority vote

SUMMARY:

Extends the operation of the Board of Barbering and Cosmetology until January 1, 2021; subjects the Cemetery and Funeral Bureau to review by the appropriate policy committees of the Legislature in 2023; deletes the delay for the retaking of the embalmer's examination; and authorizes the Cemetery and Funeral Bureau to examine the requirements for the issuance of licenses of embalmers in other states every four years instead of "time to time."

Major Provisions

COMMENTS:

Beginning in 2019, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee began their comprehensive sunset review oversight of 10 regulatory entities and the Department of Consumer Affairs including: California Architect's Board, Landscape Architect's Technical Committee, Dental Board of California, Board for Professional Engineers, Land Surveyors and Geologists, Cemetery and Funeral Bureau, Court Reporters Board of California, California State Athletic Commission, Bureau of Security and Investigative Services, California Board of Accountancy, and the Contractors State License Board. The Committees conducted two oversight hearings in February and March.

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; Barber Apprentices; Cosmetology Apprentices; Cosmetologists; Electrologists; Estheticians; Manicurists; Establishments; and Mobile Units.

Cemetery and Funeral Bureau. The Bureau licenses, regulates, and investigates complaints against California funeral establishments (about 1,060 currently licensed locations), funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery salespersons, cremated remains disposers, crematories, crematory managers, cemetery managers, cemetery brokers and the nearly 195 licensed privately-owned cemeteries in the state. The Bureau does not have authority over cemeteries operated by religious organizations, cities, counties, or cemetery districts, and the military or Native American tribal organizations. Currently, the Bureau licenses and regulates approximately 13,500 licensees in the 13 different licensing categories.

According to the Author:

This bill "is necessary to reflect Committee staff recommendations made for the purpose of remedying issues identified through the Cemetery and Funeral Bureau and the Board of Barbering and Cosmetology's Sunset Review process. This measure is one of four 'sunset bills' the author is sponsoring this year. This bill is necessary to make changes to the Bureau and the [Board of Barbering and Cosmetology's] operations in order to improve the effectiveness and efficiency of these regulatory entities."

Arguments in Support:

Associated Skin Care Professionals (ASCP), Associated Hair Professionals (AHP), and Associated Nail Professionals (ANP) write, "Today we write to you in support of [this bill] to extend the sunset date for the Board of Barbering and Cosmetology (BBC). We believe the BBC serves a critical role in the oversight and regulation of the barbering and cosmetology professions of California."

"The cosmetology and barber professions are constantly evolving, and the public demands the most innovative treatments. It is the responsibility of the BBC to ensure the professions establish needed safety standards to keep the public safe. The BBC should continue to evolve and establish rules and support to practitioners and the public that balance public safety and innovation."

Arguments in Opposition:

None on file.

FISCAL COMMENTS:

According to the Assembly Appropriations Committee:

1. On-going annual special fund costs of approximately $4.48 million (Cemetery and Funeral Fund) to extend the Bureau beyond the January 1, 2020, sunset date. The fund source is self-supporting with fee revenue. Costs specifically relating to examining embalmer licensure requirements in other states are negligible.
2. On-going annual special fund costs of approximately $21 million (Barbering and Cosmetology Contingent Fund) to extend the Board from January 1, 2020, to January 1, 2021. This fund source is self-supporting with fee revenue.

VOTES:

SENATE FLOOR: 38-0-0

YES: Allen, Archuleta, Atkins, Bates, Beall, Borgeas, Bradford, Caballero, Chang, Dodd, Durazo, Galgiani, Glazer, Grove, Hertzberg, Hill, Hueso, Hurtado, Jackson, Jones, Leyva, McGuire, Mitchell, Monning, Moorlach, Morrell, Nielsen, Pan, Portantino, Roth, Rubio, Skinner, Stern, Stone, Umberg, Wieckowski, Wiener, Wilk

ASM BUSINESS AND PROFESSIONS: 19-0-0

YES: Low, Brough, Arambula, Bloom, Chen, Chiu, Cunningham, Eggman, Fong, Gipson, Gloria, Grayson, Holden, Irwin, McCarty, Medina, Mullin, Obernolte, Ting

ASM APPROPRIATIONS: 18-0-0

YES: Gonzalez, Bigelow, Bloom, Bonta, Brough, Calderon, Carrillo, Chau, Diep, Eggman, Fong, Gabriel, Eduardo Garcia, Maienschein, Obernolte, Petrie-Norris, Quirk, Robert Rivas

UPDATED:

VERSION: July 11, 2019

CONSULTANT: Vincent Chee / B. & P. / (916) 319-3301 FN: 0001604

Date of Hearing: August 21, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 606

Author:(Glazer) – As Amended Ver:July 11, 2019

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

SUMMARY:

This bill extends the Cemetery and Funeral Bureau’s (Bureau) duties and powers from January 1, 2020, to January 1, 2024, deletes “from time to time” from the authorization for the Bureau to examine license issuance requirements for embalmers in other states, and deletes obsolete language regarding the time period for retaking the embalmer’s exam.

This bill also extends the operation of the Board of Barbering and Cosmetology (Board) until January 1, 2021.

FISCAL EFFECT:

1. On-going annual special fund costs of approximately $4.48 million (Cemetery and Funeral Fund) to extend the Bureau beyond the January 1, 2020, sunset date. The fund source is self-supporting with fee revenue. Costs specifically relating to examining embalmer licensure requirements in other states are negligible.
2. On-going annual special fund costs of approximately $21 million (Barbering and Cosmetology Contingent Fund) to extend the Board from January 1, 2020, to January 1, 2021. This fund source is self-supporting with fee revenue.

COMMENTS:

1. Purpose. This bill makes minor changes to the Cemetery and Funeral Law as a result of the Bureau’s 2019 sunset review report and its subsequent participation in a sunset review hearing on March 5, 2019. The bill also extends the operation of the Board of Barbering and Cosmetology by one year to provide additional time for review.
2. Cemetery and Funeral Bureau. The Bureau licenses and regulates approximately 13,500 licensees in the 13 different licensing categories, including funeral establishments (about 1,060 currently licensed locations), funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery salespersons, cremated remains disposers, crematories, crematory managers, cemetery managers, cemetery brokers and the nearly 195 licensed privately-owned cemeteries in the state. The Bureau enforces the licensing and practices dealing specifically with human remains, cemetery and crematory provisions; and regulates preneed funeral trust fund price disclosure compliance, cemetery endowment care trust funds and cemetery special care trust funds.
3. Board of Barbering and Cosmetology. The Board licenses and regulates over 550,000 licensees, including barbers, cosmetologists, electrologists, estheticians and manicurists, among others. Each profession has its own scope of practice, entry-level requirements and professional settings, with some overlap in areas.
4. Related Legislation. This bill is one of nine measures introduced this session to extend the sunset on licensing boards within DCA. The others include SB 607 (Glazer), pending with the Assembly Business and Professions Committee, and SB 608 (Glazer), SB 609 (Glazer) and SB 610 (Glazer), pending with this committee. The Assembly bills include AB 1520 (Low), AB 1521 (Assembly Committee on Business and Professions), AB 1522 (Low) and AB 1523 (Low). All the Assembly bills are pending in the Senate Appropriations Committee.

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

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Steven Glazer, Chair

2019 - 2020 Regular

Bill No: SB 606 Hearing Date: April 22, 2019

Subject: Cemetery and Funeral Act: embalmers

SUMMARY:

Removes the time period requirement for the retaking of the embalmer’s examination and requires the Cemetery and Funeral Bureau (Bureau) to examine the requirements for the issuance of licenses of embalmers in other states every four years rather that “from time to time.” Provides for a review of the Bureau by the appropriate policy committees of the Legislature

Existing law:

1. Establishes the Cemetery and Funeral Bureau (Bureau) under the Department of Consumer Affairs (DCA) for the licensure and regulation of cemeteries, funeral establishments, crematories, cemetery salespersons, brokers, managers, cremated remains disposers, and endowment care, as specified. (Business and Professions Code (BPC) § 7600 et seq.)
   
2. Provides the notwithstanding any other law, the powers and duties of the bureau, as set forth in the Cemetery and Funeral Act, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this Act were scheduled to be repealed as of January 1, 2020. (BPC § 7602)
   
3. Defines an "embalmer" as one who is duly qualified to disinfect or preserve human remains by the injection or external application of antiseptics, disinfectants, or preservative fluids; to prepare human bodies for transportation which are dead of contagious or infectious diseases; and to use derma surgery or plastic art for restoring mutilated features; and who is duly licensed as an embalmer under the laws of this state. (BPC § 7640)
   
4. Prohibits a person from embalming a body, or hold himself or herself out as engaged in practice as an embalmer, unless he or she is licensed by the Bureau; and, specifies that this does not apply to students and instructors of embalming in Bureau approved mortuary programs. (BPC § 7641)
   
5. Defines a "funeral director" as a person who is engaged in or conducting, or holding himself or herself out as engaged in any of the following: (BPC § 7615)
   
   1. Preparing for the transportation or burial or disposal, or directing and supervising for transportation or burial or disposal of human remains;
      
   2. Maintaining an establishment for the preparation for the transportation or disposition of human remains; and,
      
   3. Using, in connection with his or her name, the words "funeral director," or "undertaker," or "mortician," or any other title implying that he or she is engaged as a funeral director.
      
6. Requires the Bureau to require an applicant for an “embalmer” license to pass both a national examination administered by the International Conference of Funeral Service Examining Boards, or its equivalent, as determined by the Bureau, and to pass an examination on the state’s laws and the rules and regulations of the Bureau, including those sections of the Health and Safety Code which pertain to the funeral industry, and allows the applicant who has previously failed the examination prior to January 1, 2010, to have until June 30, 2010 to retake the examination.

(BPC § 7646)

1. Specifies that the Bureau may examine the requirements for the issuance of licenses to embalmers in other states of the U.S. from time to time. (BPC § 7650)

This bill:

1. Removes the time period for the retaking of the embalmer’s examination and requires the Bureau to examine the requirements for the issuance of licenses of embalmers in other states every four years.
2. Provides the notwithstanding any other law, the powers and duties of the bureau, as set forth in the Cemetery and Funeral Act, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this Act were scheduled to be repealed as of January 1, 2024.

FISCAL EFFECT:

Unknown. This bill is keyed “fiscal” by the Legislative Counsel.

COMMENTS:

1. Purpose. This bill is sponsored by the Author. According to the Author’s office, this bill is necessary to reflect Committee staff recommendations made for the purpose of remedying issues identified through the Bureau’s Sunset Review process. This measure is one of four “sunset bills” the Author is sponsoring this year. According to the Author, this bill is necessary to make changes to the Act and the operations of the Bureau in order to improve the effectiveness and efficiency of this regulatory entity.
   
2. Background.
   
   Oversight Hearings and Sunset Review of Licensing Boards and Programs. Beginning in 2018, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of 10 regulatory entities and the Department of Consumer Affairs (DCA) including: California Architect’s Board, Landscape Architect’s Technical Committee, Dental Board of California, Board for Professional Engineers, Land Surveyors and Geologists, Cemetery and Funeral Bureau, Court Reporters Board of California, California State Athletic Commission, Bureau of Security and Investigative Services, California Board of Accountancy, and the Contractors State License Board. The Committees conducted two oversight hearings in February and March. This bill makes minor changes to the Cemetery and Funeral Law as a result of the Bureau’s 2019 sunset review report and its subsequent participation in a sunset review hearing on March 5, 2019.
   
   Cemetery and Funeral Bureau. The Bureau licenses, regulates, and investigates complaints against California funeral establishments (about 1,060 currently licensed locations), funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery salespersons, cremated remains disposers, crematories, crematory managers, cemetery managers, cemetery brokers and the nearly 195 licensed privately-owned cemeteries in the state. The Bureau does not have authority over cemeteries operated by religious organizations, cities, counties, or cemetery districts, and the military or Native American tribal organizations. Currently, the Bureau licenses and regulates approximately 13,500 licensees in the 13 different licensing categories. The Bureau has the oversight responsibility for both fiduciary and operational activities of its licensing population. The Bureau has statutory authority to enforce the licensing and practice acts in the BPC along with jurisdiction over specified provisions of the Health and Safety Code dealing specifically with human remains, cemetery and crematory provisions. With respect to the financial aspect of the industry, the Bureau is responsible for the oversight and regulation of preneed funeral trust funds, cemetery endowment care trust funds, and cemetery special care trust funds. With respect to the sale of insurance policies used to fund preneed funeral arrangements, the Department of Insurance regulates the sales of such policies while the Bureau ensures compliance with price disclosures and contract requirements under the Bureau’s jurisdiction. Audits may be initiated upon review of an annual trust report, failure to file a trust report, consumer complaints, or for any other reason if the funds appear to be at risk of possible abuse or noncompliance.
   
   Sunset Review. As noted in the Bureau’s 2018 Committee staff Background Paper, the health, safety and welfare of consumers are protected by the presence of a strong licensing and regulatory Bureau charged with regulating the cemetery and funeral industry within California. The death of a loved one can be one of the most traumatic experiences a consumer will face. Given the complex and sensitive nature of ensuring compliance with state and federal laws regarding the death care industry such as ensuring fair and accurate price list disclosures, auditing endowment care funds, overseeing preneed trusts, and inspecting funeral homes and crematory facilities, the Bureau is well-positioned to continue the regulation over nearly every aspect of the licensed cemetery and funeral industries. The Bureau licenses, regulates, and investigates complaints against California funeral establishments, funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery salespersons, cemetery managers, cremated remains disposers, crematories, crematory managers and the nearly 200 fraternal and private cemeteries in the State. The Bureau has responsibility for oversight of both the fiduciary and the operational activities of the industries. The Bureau has the financial regulatory authority to ensure compliance with the laws, verify accounting and investing practices, and identify funding shortages. Although, there are a number of issues identified above, which the Bureau can improve upon and prioritize to continue to safeguard against inappropriate conduct, regulation by the Bureau should be continued and reviewed again in four years where the Legislature may once again review whether the issues and recommendations in this Background Paper have been addressed.
   

SUPPORT AND OPPOSITION:

Support:

None on file as of April 17, 2019.

Opposition:

None on file as of April 17, 2019.

-- END --

Date of Hearing: July 9, 2019

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Evan Low, Chair

SBPCA Bill Id:SB 606

Author:(Glazer) – As Amended Ver:June 19, 2019

SENATE VOTE: 38-0

SUBJECT: Professions and vocations

SUMMARY: Extends the operation of the Board of Barbering and Cosmetology until January 1, 2021; subjects the Cemetery and Funeral Bureau to review by the appropriate policy committees of the Legislature in 2023; deletes the delay for the retaking of the embalmer’s examination; and authorizes the Cemetery and Funeral Bureau to examine the requirements for the issuance of licenses of embalmers in other states every four years instead of “time to time.”

EXISTING LAW:

1. Regulates and licenses the practices of hair, skin, and nail care and electrolysis under the Barbering and Cosmetology Act. (Business and Professions Code (BPC) §§ 7301-7426.5)
2. Establishes, until January 1, 2020, the Board of Barbering and Cosmetology under the Department of Consumer Affairs to administer and enforce the Barbering and Cosmetology Act. (BPC § 7303)
3. Regulates and licenses the business of funeral establishment, cemetery, crematory, embalming, and storage of human remains under the Cemetery and Funeral Act. (BPC §§ 7600-7746)
4. Establishes the Cemetery and Funeral Bureau under the Department of Consumer Affairs to administer and enforce the Cemetery and Funeral Act. (BPC § 7602(a))
5. Subjects the Bureau to review by the appropriate policy committees of the Legislature. The review shall be performed as if the Cemetery and Funeral Act were scheduled to be repealed as of January 1, 2020. (BPC § 7602(b))
6. Defines an "embalmer" as one who is duly qualified to disinfect or preserve human remains by the injection or external application of antiseptics, disinfectants, or preservative fluids; to prepare human bodies for transportation which are dead of contagious or infectious diseases; and to use derma surgery or plastic art for restoring mutilated features; and who is duly licensed as an embalmer under the laws of this state. (BPC § 7640)
7. Prohibits a person from embalming a body or advertising as an embalmer unless licensed by the Bureau, unless a student or instructor of embalming in Bureau-approved mortuary programs. (BPC § 7641)
8. Requires the Bureau to require an applicant for an “embalmer” license to pass both a national examination administered by the International Conference of Funeral Service Examining Boards, or its equivalent, as determined by the Bureau, and to pass an examination on the state’s laws and the rules and regulations of the Bureau, including those sections of the Health and Safety Code which pertain to the funeral industry, and allows the applicant who has previously failed the examination prior to January 1, 2010, to have until June 30, 2010 to retake the examination. (BPC § 7646)
9. Specifies that the Bureau may examine the requirements for the issuance of licenses to embalmers in other states of the U.S. from time to time.
   (BPC § 7650)

FISCAL EFFECT: According to the Senate Appropriations Committee analysis of the prior version of this bill in print April 22, 2019, annual ongoing expenditures of approximately $4.48 million (Cemetery and Funeral Fund) and 22.2 positions for the Bureau, based on Budget Act of 2018, to continue operation beyond its current sunset date of January 1, 2020.

COMMENTS:

Purpose. This bill is sponsored by the author. According to the author, this bill “is necessary to reflect Committee staff recommendations made for the purpose of remedying issues identified through the Cemetery and Funeral Bureau and the Board of Barbering and Cosmetology’s Sunset Review process. This measure is one of four ‘sunset bills’ the author is sponsoring this year. This bill is necessary to make changes to the Bureau and the [Board of Barbering and Cosmetology’s] operations in order to improve the effectiveness and efficiency of these regulatory entities.”

Background. Beginning in 2019, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee began their comprehensive sunset review oversight of 10 regulatory entities and the DCA including: California Architect’s Board, Landscape Architect’s Technical Committee, Dental Board of California, Board for Professional Engineers, Land Surveyors and Geologists, Cemetery and Funeral Bureau, Court Reporters Board of California, California State Athletic Commission, Bureau of Security and Investigative Services, California Board of Accountancy, and the Contractors State License Board. The Committees conducted two oversight hearings in February and March.

This bill makes minor changes to the Cemetery and Funeral Law as a result of the Bureau’s 2019 sunset review report, Committees staff’s Background Paper and its subsequent participation in a sunset review hearing on March 5, 2019. It also extends the operation of the Board of Barbering and Cosmetology by one year to provide additional time for review.

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; Barber Apprentices; Cosmetology Apprentices; Cosmetologists; Electrologists; Estheticians; Manicurists; Establishments; and Mobile Units.

Cemetery and Funeral Bureau. The Bureau licenses, regulates, and investigates complaints against California funeral establishments (about 1,060 currently licensed locations), funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery salespersons, cremated remains disposers, crematories, crematory managers, cemetery managers, cemetery brokers and the nearly 195 licensed privately-owned cemeteries in the state. The Bureau does not have authority over cemeteries operated by religious organizations, cities, counties, or cemetery districts, and the military or Native American tribal organizations. Currently, the Bureau licenses and regulates approximately 13,500 licensees in the 13 different licensing categories.

The Bureau has the authority and responsibility for the oversight of both the fiduciary and the operational activities of the industries. With regard to the financial aspect of the industry, the Bureau oversees preneed funeral trust funds, cemetery endowment care trust funds, and cemetery special care trust funds. The Department of Insurance regulates the sale of insurance policies that can be used to fund preneed funeral arrangements. However, sellers are required to meet the price disclosure and contract requirements under the Bureau’s jurisdiction. The Bureau has the financial examination authority to ensure compliance with the laws, verify accounting and investing practices, and identify funding shortages. Audits may be initiated based upon the review of an annual trust report, failure to file a trust report, consumer complaints, or for any reason if the funds appear to be at risk of possible abuse or noncompliance.

Sunset Review Recommendation. According to Committee staff in the Bureau’s 2019 committee background paper, “the health, safety and welfare of consumers are protected by the presence of a strong licensing and regulatory Bureau charged with regulating the cemetery and funeral industry within California. The death of a loved one can be one of the most traumatic experiences a consumer will face. Given the complex and sensitive nature of ensuring compliance with state and federal laws regarding the death care industry such as ensuring fair and accurate price list disclosures, auditing endowment care funds, overseeing preneed trusts, and inspecting funeral homes and crematory facilities, the Bureau is well-positioned to continue the regulation over nearly every aspect of the licensed cemetery and funeral industries. The Bureau has the financial regulatory authority to ensure compliance with the laws, verify accounting and investing practices, and identify funding shortages. Although, there are a number of issues identified… which the Bureau can improve upon and prioritize to continue to safeguard against inappropriate conduct, regulation by the Bureau should be continued and reviewed again in four years where the Legislature may once again review whether the issues and recommendations in the Background Paper have been addressed.”

Current Related Legislation. AB 1519 (Low), which is pending in the Senate, is the sunset review bill for the Dental Board of California and would extend the board and it’s authority to appoint an executive officer until January 1, 2024.

AB 1520 (Low), which is pending in the Senate, is the sunset review bill for the Court Reporters Board of California and would extend the board and it’s authority to appoint an executive officer until January 1, 2024.

AB 1521 (Committee on Business and Professions), which is pending in the Senate, is the sunset review bill for the California Board of Accountancy, would extend the board and its authorization to designate an executive officer to January 1, 2024, and would make various technical and nonsubstantive changes.

AB 1522 (Low), which is pending in the Senate, is the sunset review bill for the Board for Professional Engineers, Land Surveyors, and Geologists and would extend the board and it’s authority to appoint an executive officer until January 1, 2024.

AB 1523 (Low), which is pending in the Senate, is the sunset review bill for the State Athletic Commission and would extend the Commission and it’s authority to appoint an executive officer until January 1, 2024, and authorize the Commission to hire a Chief Athletic Inspector and Assistant Chief Athletic Inspector.

SB 607 (Glazer), which is pending in this Committee, is the sunset review bill for the Board of Barbering and Cosmetology would require the board’s Health and Safety Advisory Committee (Advisory Committee) to include three board members and adds information on professional cosmetic labeling requirements to the list of health and safety issues the Advisory Committee provides advice and recommendations on barbering and cosmetology.

SB 608 (Glazer), which is pending in this Committee, is the sunset review bill for the California Architects Board and the Landscape Architects Technical Committee and requires each to conduct background checks on applicants, modifies requirements of written contracts, aligns executive officer duties for both the board and the committee, requires the board to establish standards for continuing education, and extends the sunset dates for both entities until January 1, 2024.

SB 609 (Glazer), which is pending in this Committee, is the sunset review bill for the bill for the Bureau of Security and Investigative Services, which would prohibit the bureau from issuing firearms permits to applicants under 21 years of age; consolidate the Private Investigator Fund and the Private Security Services Fund into one fund; place the responsibility of completing annual guard skills training on the security guard registrant and require the registrant, instead of the employer, to attest on their renewal application that they have completed the required annual security guard skills training; require security guards who are unemployed or working for a business that does not require a private patrol operator license to be responsible for completing annual guard skills training in order to maintain a valid registration; eliminate the requirement for the employer’s signature that attests to an applicant completing the power to arrest training and instead requires the security guard applicant to provide specified proof of the training; require the bureau to be reviewed by the appropriate policy of the Legislature by January 1, 2024; and make other technical and clarifying changes to the six practice acts regulated by BSIS.

SB 610 (Glazer), which is pending in this Committee, is the sunset review bill for the Contractors’ State License Board and would extend the sunset date of the board and its authority to appoint a registrar until January 1, 2024; requires the board to conduct a study of the contractor bond; and makes other technical and clarifying changes to the Contractors’ State License Law.

POLICY ISSUES:

Pre-need Trusts. The terms "pre-need agreement” or “pre-need” refer to a written instruction regarding goods or services provided at the time of death. They may be either unfunded or paid for in advance of need.

For pre-need arrangements that are paid in advance, the funds are placed into a trust account. However, according to the Cemetery and Funeral Bureau’s Responses to Sunset Review Issues and Recommendations, “many consumers end up receiving these services. Currently, the burden is on the consumer’s family to return to the cemetery or funeral establishment for a refund of services not-rendered.”

The Bureau has proposed transferring the burden to the establishments themselves by mandating they return unused funds to the beneficiary or deliver the funds to the Unclaimed Property program operated by the California State Controller. The author may wish to continue to work with the Bureau and the California State Controller to find a solution to this issue.

AMENDMENTS:

The Committee may wish to amend the bill to clarify that the Cemetery and Funeral Bureau may reexamine licensing requirements at any time, not just every four years:

On page 4 of the bill, line 12, strike “Every four years,”:

7650. Every four years, the The bureau may examine the requirements for the issuance of licenses to embalmers in other states of the United States and cause a record to be kept of those states in which standards are maintained for embalmers, not lower than those provided in this chapter.

REGISTERED SUPPORT:

None on file

REGISTERED OPPOSITION:

None on file

Analysis Prepared by: Vincent Chee / B. & P. / (916) 319-3301

 THIRD READING  

Bill No: SB 606

Author: Glazer (D)

Amended: 4/22/19

Vote: 21

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 4/22/19

AYES: Glazer, Chang, Archuleta, Dodd, Galgiani, Hill, Leyva, Pan, Wilk

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/16/19

AYES: Portantino, Bates, Bradford, Hill, Jones, Wieckowski

SUBJECT: Cemetery and Funeral Act

SOURCE: Author

DIGEST:

This bill removes the time period requirement for the retaking of the embalmer’s examination and requires the Cemetery and Funeral Bureau (Bureau) to examine the requirements for the issuance of licenses of embalmers in other states every four years rather that “from time to time.” This bill provides for a review of the Bureau by the appropriate policy committees of the Legislature prior to January 1, 2024.

ANALYSIS:

Existing law:

1. Establishes the Bureau under the Department of Consumer Affairs (DCA) for the licensure and regulation of cemeteries, funeral establishments, crematories, cemetery salespersons, brokers, managers, cremated remains disposers, and endowment care, as specified. (Business and Professions Code (BPC) § 7600 et seq.)
2. Subjects the Bureau to review by the appropriate policy committees of the Legislature. The review shall be performed as if the Cemetery and Funeral Act (Act) were scheduled to be repealed as of January 1, 2020. (BPC § 7602)
3. Defines an "embalmer" as one who is duly qualified to disinfect or preserve human remains by the injection or external application of antiseptics, disinfectants, or preservative fluids; to prepare human bodies for transportation which are dead of contagious or infectious diseases; and to use derma surgery or plastic art for restoring mutilated features; and who is duly licensed as an embalmer under the laws of this state. (BPC § 7640)
4. Prohibits a person from embalming a body, or hold himself or herself out as engaged in practice as an embalmer, unless he or she is licensed by the Bureau; and, specifies that this does not apply to students and instructors of embalming in Bureau approved mortuary programs. (BPC § 7641)
5. Requires the Bureau to require an applicant for an “embalmer” license to pass both a national examination administered by the International Conference of Funeral Service Examining Boards, or its equivalent, as determined by the Bureau, and to pass an examination on the state’s laws and the rules and regulations of the Bureau, including those sections of the Health and Safety Code which pertain to the funeral industry, and allows the applicant who has previously failed the examination prior to January 1, 2010, to have until June 30, 2010 to retake the examination. (BPC § 7646)
6. Specifies that the Bureau may examine the requirements for the issuance of licenses to embalmers in other states of the U.S. from time to time.
   (BPC § 7650)

This bill:

1. Removes the time period for the retaking of the embalmer’s examination and requires the Bureau to examine the requirements for the issuance of licenses of embalmers in other states every four years.
2. Provides the notwithstanding any other law, the powers and duties of the bureau, as set forth in the Act, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this Act were scheduled to be repealed as of January 1, 2024.

Comments

Oversight hearings and sunset review of licensing boards and programs. Beginning in 2018, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) began their comprehensive sunset review oversight of 10 regulatory entities and the DCA including: California Architect’s Board, Landscape Architect’s Technical Committee, Dental Board of California, Board for Professional Engineers, Land Surveyors and Geologists, Cemetery and Funeral Bureau, Court Reporters Board of California, California State Athletic Commission, Bureau of Security and Investigative Services, California Board of Accountancy, and the Contractors State License Board. The Committees conducted two oversight hearings in February and March. According to the author, this bill is necessary to reflect Committees staff recommendations made for the purpose of remedying issues identified through the Bureau’s Sunset Review process. This bill is one of four “sunset bills” the author is sponsoring this year. According to the author, this bill is necessary to make changes to the Act and the operations of the Bureau in order to improve the effectiveness and efficiency of this regulatory entity. This bill makes minor changes to the Cemetery and Funeral Law as a result of the Bureau’s 2019 sunset review report, Committees staff’s Background Paper and its subsequent participation in a sunset review hearing on March 5, 2019.

Cemetery and Funeral Bureau. The Bureau licenses, regulates, and investigates complaints against California funeral establishments (about 1,060 currently licensed locations), funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery salespersons, cremated remains disposers, crematories, crematory managers, cemetery managers, cemetery brokers and the nearly 195 licensed privately-owned cemeteries in the state. The Bureau does not have authority over cemeteries operated by religious organizations, cities, counties, or cemetery districts, and the military or Native American tribal organizations. Currently, the Bureau licenses and regulates approximately 13,500 licensees in the 13 different licensing categories. The Bureau has the oversight responsibility for both fiduciary and operational activities of its licensing population. With respect to the financial aspect of the industry, the Bureau is responsible for the oversight and regulation of preneed funeral trust funds, cemetery endowment care trust funds, and cemetery special care trust funds. With respect to the sale of insurance policies used to fund preneed funeral arrangements, the Department of Insurance regulates the sales of such policies while the Bureau ensures compliance with price disclosures and contract requirements under the Bureau’s jurisdiction.

Sunset review. As noted in the Bureau’s 2018 Committees staff Background Paper, the health, safety and welfare of consumers are protected by the presence of a strong licensing and regulatory Bureau charged with regulating the cemetery and funeral industry within California. The death of a loved one can be one of the most traumatic experiences a consumer will face. Given the complex and sensitive nature of ensuring compliance with state and federal laws regarding the death care industry such as ensuring fair and accurate price list disclosures, auditing endowment care funds, overseeing preneed trusts, and inspecting funeral homes and crematory facilities, the Bureau is well-positioned to continue the regulation over nearly every aspect of the licensed cemetery and funeral industries. The Bureau has the financial regulatory authority to ensure compliance with the laws, verify accounting and investing practices, and identify funding shortages. Although, there are a number of issues identified above, which the Bureau can improve upon and prioritize to continue to safeguard against inappropriate conduct, regulation by the Bureau should be continued and reviewed again in four years where the Legislature may once again review whether the issues and recommendations in the Background Paper have been addressed.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, annual ongoing expenditures of approximately $4.48 million (Cemetery and Funeral Fund) and 22.2 positions for the Bureau, based on Budget Act of 2018, to continue operation beyond its current sunset date of January 1, 2020.

SUPPORT: (Verified 5/16/19)

None received

OPPOSITION: (Verified 5/16/19)

None received

Prepared by: Bill Gage / B., P. & E.D. /

5/18/19 11:57:55

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SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2019 - 2020 Regular Session

SB 606 (Glazer) - Cemetery and Funeral Act

Bill Summary:

Senate Bill 606 would extend the Cemetery and Funeral Bureau’s duties and powers from January 1, 2020, to January 1, 2024. Would change, from “time to time” to “every four years”, the Bureau’s authority to examine other states’ license issuance standards.

Fiscal Impact:

Annual ongoing expenditures of approximately $4.48 million (Cemetery and Funeral Fund) and 22.2 positions for the Bureau, based on Budget Act of 2018, to continue operation beyond its current sunset date of January 1, 2020.

Background:

Assembly Bill 910 (Speier, Chapter 381, Statutes of 1995) established the Cemetery and Funeral Program under the Department of Consumer Affairs (DCA), and in 2000, the Program became the Cemetery and Funeral Bureau (Bureau). The Bureau licenses, regulates, and investigates complaints against California funeral establishments (about 1,060 currently licensed locations), funeral directors, embalmers, apprentice embalmers, cemetery brokers, cemetery salespersons, cremated remains disposers, crematories, crematory managers, cemetery managers, cemetery brokers and the nearly 195 licensed privately-owned cemeteries in the state. The Bureau does not have authority over cemeteries operated by religious organizations, cities, counties, or cemetery districts, and the military or Native American tribal organizations.

Currently, the Bureau licenses and regulates approximately 13,500 licensees in the 13 different licensing categories. The Bureau enforces the licensing and practices, dealing specifically with human remains, cemetery, and crematory provisions; and, regulates preneed funeral trust fund price disclosure compliance, cemetery endowment care trust funds, and cemetery special care trust funds.

Proposed Law:

This bill includes the following provisions:

• Extends the Cemetery and Funeral Bureau’s duties and powers from January 1, 2020, to January 1, 2024.
• Specifies the Bureau’s authority, every four years, to examine other states’ license issuance standards.
• Eliminates the time period for the retaking of the embalmer’s examination and requires the Bureau to examine the requirements for the issuance of licenses of embalmers in other states every four years.

Staff Comments:

The Senate Committee on Business, Professions and Economic Development and the Assembly Committee on Business and Professions discussed the Cemetery and Funeral Bureau at its March 5, 2019, sunset review hearing. The background paper identified the Cemetery and Funeral Fund would have a fund balance of $2.71 million in FY 2019-20 with approximately 6.5 months in reserve. There has been no history of general fund loans from the Cemetery Fund, the State Funeral Directors and Embalmers Fund, or the Cemetery and Funeral Fund; nor does the Bureau anticipate any deficits in the fund condition at this time.

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