Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practices of barbering, cosmetology, electrolysis, hairstyling, skin care, and nail care by the State Board of Barbering and Cosmetology. Under existing law, the board is authorized to assess administrative fines for a violation of the act or a violation of any rules and regulations adopted by the board pursuant to the act. Existing law requires the board to determine by regulation when a fine is required to be assessed to both the establishment license holder and the individual licensee for the same violation and also when a fine is required to be assessed to only the establishment license holder or to only the individual licensee for the same violation.

This bill would require the board to establish by regulation a board-offered remedial education program, in lieu of a first offense of a health and safety violation. The bill would authorize the board to impose a fee to cover the reasonable regulatory cost of administering the program.

Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practices of barbering, cosmetology, electrolysis, hairstyling, skin care, and nail care by the State Board of Barbering and Cosmetology. Under existing law, the board is authorized to assess administrative fines for a violation of the act or a violation of any rules and regulations adopted by the board pursuant to the act. Existing law requires the board to determine by regulation when a fine is required to be assessed to both the establishment license holder and the individual licensee for the same violation and also when a fine is required to be assessed to only the establishment license holder or to only the individual licensee for the same violation.

This bill would require the board to establish by regulation a board-offered remedial education program, in lieu of a first offense of a health and safety violation. The bill would authorize the board to impose a fee to cover the reasonable regulatory cost of administering the program.

Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practice of barbering and cosmetology by the State Board of Barbering and Cosmetology within the Department of Consumer Affairs. Existing law exempts specified persons from those requirements.

This bill would make nonsubstantive changes to those provisions.

SENATE THIRD READING

STR Bill Id:SB 384

Author:(Bradford)

As Amended Ver:March 20, 2023

Majority vote

SUMMARY

Requires the State Board of Barbering and Cosmetology (BBC) to establish a remedial education program, in lieu of a first offense of a health and safety violation.

Major Provisions

1. Requires the BBC to establish, by regulation, a BBC-offered remedial education program, in lieu of a first offense of a health and safety violation.
2. Authorizes the BBC to impose a fee to cover the reasonable regulatory cost of administering the program.

COMMENTS

State Board of Barbering and Cosmetology. The BBC is responsible for licensing and regulating barbers, cosmetologists, estheticians, electrologists, manicurists, apprentices, and establishments. The BBC is one of the largest boards in the country, with over 615,000 licensees as of its last sunset review, including over 250,000 active cosmetology licenses. Title protection is provided for the use of the term cosmetologist, barber, and other license categories. The BBC's role is to ensure that applicants for licensure possesses the knowledge and proficiencies required to perform within the scope of their professional practice. An applicant who passes the examination along with all other BBC requirements necessary for licensure, becomes a licensee the same day.

The BBC is required to routinely inspect cosmetology establishments to ensure compliance with the Act, health and safety requirements, and applicable labor laws. In 2022, the BBC issued 6,223 citations for various violations. The citations carried fines ranging from $25 to $1,000. Many violations related to sanitary requirements such as cleaning brushes or equipment. Multiple violations can put a license holder at risk of losing a license and, therefore, the ability to work and earn a living. Often times these licensees are small businesses owned by women and people of color, imperiling the economic opportunity of vulnerable communities. Existing law does not allow a license holder the opportunity to take a remedial education class in order to avoid receiving a first violation on their professional record.

In the BBC's most recent joint sunset review background paper, the committees examined the question of whether the BBC should update its efforts toward establishing a remedial education program. The report recommended that the BBC consider establishing a technical advisory committee on this issue to explore all of the avenues involved with a remedial education proposal. Additionally, it was recommended that the BBC may wish to track specific data on violations licensees to determine if trends exist among licensees for whom language barriers could be at the heart of unintentional violations of the law. In 2022, the BBC decided to re-establish committees within the board to address specific topics, as opposed to having various technical advisory committees. This topic was debated by the Enforcement and Inspections Committee. In October 2022 and in January 2023, the Committee recommended to the full BBC to pursue remedial education authority.

This bill would require the BBC to establish and offer a remedial education program. Licensees who are found to have committed their first offense of a health and safety violation would be eligible to complete this program in lieu of a citation and fine. This proposal could allow licensees the opportunity to refresh their knowledge of health and safety requirements and avoid a first violation on their professional record. This pathway to avoid a first-time offense with the BBC could preserve a vulnerable licensee population's ability to work.

According to the Author

"SB 384 would give workers in the barbering and cosmetology fields a non-disciplinary pathway to address first-time infractions. SB 384 would create remedial education program run by the State Board of Barbering and Cosmetology. The program would allow licensees to take a remedial educational program instead of having a first offense for a health and safety violation on their professional record. This bill is important because multiple violations can be very costly to small businesses and put a license holder at risk of losing their license and therefore losing their ability to work and earn a living. Many of these small businesses are owned by women and people of color. This bill would allow licensees to refresh their knowledge of health and safety requirements by taking an education class and thereby avoid a first violation and prevent future violations ultimately increasing consumer protection."

Arguments in Support

This bill is sponsored by the California Board of Barbering and Cosmetology (BBC). The BBC writes that, "On April 17, 2023 the California State Board of Barbering and Cosmetology (Board) voted to take a SUPPORT position SB 384 (Bradford), which would require the Board to establish a remedial education program in lieu of a first offense of a health and safety violation. This bill would benefit licensees by reducing or removing administrative fines for a first offense of a health and safety violation, while still ensuring consumer protection by requiring licensees to complete a remedial education program instead.

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, $10,000 to the BBC to develop the remedial course with an outside vendor and $5,000 to establish regulations, which is considered absorbable; minor and absorbable costs to the BBC to update BreEZe when a licensee completes a remedial education program; and $800 to the Office of Information Services within the Department of Consumer Affairs for updating enforcement codes.

VOTES

SENATE FLOOR: 38-0-2

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Seyarto, Skinner, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Rubio, Smallwood-Cuevas

ASM BUSINESS AND PROFESSIONS: 18-0-1

YES: Berman, Flora, Alanis, Alvarez, Bains, Bonta, Chen, Dixon, Gipson, Grayson, Irwin, Jackson, Lee, Lowenthal, McCarty, McKinnor, Stephanie Nguyen, Joe Patterson

ABS, ABST OR NV: Ting

ASM APPROPRIATIONS: 16-0-0

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Soria, Weber, Wilson

UPDATED

VERSION: March 20, 2023

CONSULTANT: Robert Sumner / B. & P. / (916) 319-3301 FN: 0001465

Date of Hearing: July 12, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

SBPCA Bill Id:SB 384

Author:(Bradford) – As Amended Ver:March 20, 2023

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

SUMMARY:

This bill requires the State Board of Barbering and Cosmetology (Board), within the Department of Consumer Affairs (DCA), to establish by regulation a remedial education program, in lieu of a first offense of a health and safety violation, and authorizes the Board to impose a fee to cover the reasonable regulatory cost of administering the program.

FISCAL EFFECT:

1. The Board anticipates one-time costs of $10,000 to develop the remedial course with an outside vendor and $5,000 to establish regulations (special funds). The Board considers these costs to be absorbable.
2. The Board issues approximately 5,000 citations annually, however it is unknown how many of those would be eligible for the remedial program. The cost of the course to the licensee is unknown at this time, but the Board anticipates a small charge, likely paid directly to the vendor by a licensee who takes the course.
3. Minor and absorbable costs to the Board to update BreEZe, DCA’s licensing and enforcement system, when a licensee completes a remedial education program. The Board does not anticipate needing additional resources at this time, however, if the workload becomes greater than the Board can absorb, the Board may request additional resources through the annual budget process.  The bill authorizes the Board to charge a fee for the cost to administer the program.
4. The Office of Information Services estimates a cost of $800 for updating enforcement codes. OSI anticipates this cost to be absorbable within existing maintenance resources.

COMMENTS:

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

This bill would give workers in the barbering and cosmetology fields a non-disciplinary pathway to address first-time infractions. This bill is important because multiple violations can be very costly to small businesses and put a license holder at risk of losing their license and therefore losing their ability to work and earn a living. This bill would allow licensees to refresh their knowledge of health and safety requirements by taking an education class and thereby avoid a first violation and prevent future violations ultimately increasing consumer protection.

1. Background. The Board is responsible for licensing and regulating barbers, cosmetologists, estheticians, electrologists, manicurists, apprentices, and establishments in California. The Board is one of the largest barbering and cosmetology boards in the country, with over 615,000 licensees as of its last sunset review, including over 250,000 active cosmetology licenses.

Existing law requires the Board to routinely inspect cosmetology establishments to ensure compliance with the Barbering and Cosmetology Act, health and safety requirements, and applicable labor laws. In 2022, the Board issued 6,223 citations for various violations. The citations carried fines ranging from $25 to $1,000. Many violations related to sanitary requirements, such as cleaning brushes or equipment. Existing law does not provide a license holder an alternative to receiving a first violation, which is reflected on their professional record, and paying the accompanying fine.

In the Board’s most recent joint legislative sunset review, the Legislature recommended the Board pursue providing a remedial education program in lieu of a first offense of a health and safety violation.

This bill requires the Board to establish a remedial education program and allows the Board to charge a fee to cover the reasonable cost of administering the program. Licensees who are found to have committed their first offense of a health and safety violation would be eligible to complete this program in lieu of a citation and fine.

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

Date of Hearing: June 27, 2023

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Marc Berman, Chair

SBPCA Bill Id:SB 384

Author:(Bradford) – As Amended Ver:March 20, 2023

SENATE VOTE: 38-0

SUBJECT: Barbering and cosmetology

SUMMARY: Requires the State Board of Barbering and Cosmetology (BBC) to establish a remedial education program, in lieu of a first offense of a health and safety violation.

EXISTING LAW:

1. Establishes the Barbering and Cosmetology Act (Act) to license and regulate barbers, cosmetologists, hairstylists, electrologists, estheticians, and manicurists. (Business & Professions Code. (BPC) §§ 7301 et seq.)
2. Establishes the BBC, consisting of seven public members and six members representing the professions, until January 1, 2027. (BPC § 7303)
3. Provides that protection of the public shall be the highest priority for the BBC in exercising its licensing, regulatory, and disciplinary functions. (BPC § 7303.1)
4. Requires the BBC to maintain a program of random and targeted inspections of establishments to ensure compliance with applicable laws relating to the public health and safety and the conduct and operation of establishments. (BPC § 7313 (a))
5. Provides that the executive officer and authorized representatives shall have access to, and shall inspect the premises of, all schools in which the practice of barbering, cosmetology, or electrolysis is performed on the public. (BPC § 7313 (b))
6. Authorizes the BBC to assess administrative fines for the violation of any section of the Act of any rules and regulations adopted by the BBC. (BPC § 7406)
7. Requires the BBC to establish by regulation a schedule of administrative fines for violations that directly affect consumer safety. (BPC § 7407)
8. Requires the BBC to determine by regulation when a fine shall be assessed to both the holder of the establishment license and the individual licensee for the same violation and requires the BBC to consider the egregiousness of the violation of the health and safety regulations and whether the violation is a repeated violation by licensees within the same establishment. (BPC § 7407.1)
9. Provides that any licensee served with their first citation within three years may avoid the payment of the associated administrative fine by presentation of written proof satisfactory to the BBC, or its executive officer, that the violation been corrected. (BPC § 7409)

THIS BILL:

1. Requires the BBC to establish, by regulation, a BBC-offered remedial education program, in lieu of a first offense of a health and safety violation.
2. Authorizes the BBC to impose a fee to cover the reasonable regulatory cost of administering the program.

FISCAL EFFECT: Pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

Purpose. This bill is sponsored by the State Board of Barbering and Cosmetology. According to the author:

“SB 384 would give workers in the barbering and cosmetology fields a non-disciplinary pathway to address first-time infractions. SB 384 would create remedial education program run by the State Board of Barbering and Cosmetology. The program would allow licensees to take a remedial educational program instead of having a first offense for a health and safety violation on their professional record. This bill is important because multiple violations can be very costly to small businesses and put a license holder at risk of losing their license and therefore losing their ability to work and earn a living. Many of these small businesses are owned by women and people of color. This bill would allow licensees to refresh their knowledge of health and safety requirements by taking an education class and thereby avoid a first violation and prevent future violations ultimately increasing consumer protection.”

Background. State Board of Barbering and Cosmetology. The BBC is responsible for licensing and regulating barbers, cosmetologists, estheticians, electrologists, manicurists, apprentices, and establishments. The BBC is one of the largest boards in the country, with over 615,000 licensees as of its last sunset review, including over 250,000 active cosmetology licenses. Title protection is provided for the use of the term cosmetologist, barber, and other license categories. The BBC’s role is to ensure that applicants for licensure possesses the knowledge and proficiencies required to perform within the scope of their professional practice. An applicant who passes the examination along with all other BBC requirements necessary for licensure, becomes a licensee the same day.

The BBC is required to routinely inspect cosmetology establishments to ensure compliance with the Act, health and safety requirements, and applicable labor laws. In 2022, the BBC issued 6,223 citations for various violations. The citations carried fines ranging from $25 to $1,000. Many violations related to sanitary requirements such as cleaning brushes or equipment. Multiple violations can put a license holder at risk of losing a license and, therefore, the ability to work and earn a living. Often times these licensees are small businesses owned by women and people of color, imperiling the economic opportunity of vulnerable communities. Existing law does not allow a license holder the opportunity to take a remedial education class in order to avoid receiving a first violation on their professional record.

In the BBC’s most recent joint sunset review background paper, the committees examined the question of whether the BBC should update its efforts toward establishing a remedial education program. The report recommended that the BBC consider establishing a technical advisory committee on this issue to explore all of the avenues involved with a remedial education proposal. Additionally, it was recommended that the BBC may wish to track specific data on violations licensees to determine if trends exist among licensees for whom language barriers could be at the heart of unintentional violations of the law. In 2022, the BBC decided to re-establish committees within the board to address specific topics, as opposed to having various technical advisory committees. This topic was debated by the Enforcement and Inspections Committee. In October 2022 and in January 2023, the Committee recommended to the full BBC to pursue remedial education authority.

This bill would require the BBC to establish and offer a remedial education program. Licensees who are found to have committed their first offense of a health and safety violation would be eligible to complete this program in lieu of a citation and fine. This proposal could allow licensees the opportunity to refresh their knowledge of health and safety requirements and avoid a first violation on their professional record. This pathway to avoid a first-time offense with the BBC could preserve a vulnerable licensee population’s ability to work.

Prior Related Legislation.

SB 803 (Roth, Chapter 648, Statutes of 2021) continued the operations of the Board of Barbering and Cosmetology (BBC) and made various technical changes, statutory improvements, and policy reforms to the Barbering and Cosmetology Act (Act) based on the recent joint sunset review oversight of BBC by the Senate Committee on Business, Professions, and Economic Development and Assembly Committee on Business and Professions (Committees).

AB 326 (Salas, Chapter 312, Statutes of 2017) required the health and safety course for additionally cover physical and sexual abuse awareness.

AB 181 (Bonilla, Chapter 430, Statutes of 2015) extended the operation of the BBC and required the BBC to conduct a review of its current 1,600-hour curriculum requirements for the cosmetologist license.

SB 1482 (Polanco, Chapter 1148, Statutes of 2002) reinstated the Board of Barbering and Cosmetology.

ARGUMENTS IN SUPPORT:

This bill is sponsored by the California Board of Barbering and Cosmetology (BBC). The BBC writes that, “On April 17, 2023 the California State Board of Barbering and Cosmetology (Board) voted to take a SUPPORT position SB 384 (Bradford), which would require the Board to establish a remedial education program in lieu of a first offense of a health and safety violation. This bill would benefit licensees by reducing or removing administrative fines for a first offense of a health and safety violation, while still ensuring consumer protection by requiring licensees to complete a remedial education program instead.

This measure is also supported by the Professional Beauty Federation of California (PBFC). PBFC writes the following in support of the bill: “The Professional Beauty Federation of California is a broad-based trade association formed in 1999 that represents every sector of Californian’s diverse beauty and barbering industry. Consumer protection is the primary mission of our State regulatory board, and raising the professionalism of our industry is the PBFC’s mission, so we are often on parallel tracks with the State Board of Barbering and Cosmetology (BBC). As such, we are mindful of any legislation impacting the law and regulations governing our industry administrated by our State Board. We support the premise of SB 384 (Bradford), believing many licensees cited for a first-time State Board regulatory violation could learn from their mistake and not repeat it in the future with the appropriate remedial education. This will raise our industry’s professional standards while further enhancing protections for consumers of beauty/barbering services.”

ARGUMENTS IN OPPOSITION:

None on file.

REGISTERED SUPPORT:

State Board of Barbering and Cosmetology (Sponsor)

Professional Beauty Federation of California

REGISTERED OPPOSITION:

None on File.

Analysis Prepared by: Annabel Smith / B. & P. / (916) 319-3301

 THIRD READING  

Bill No: SB 384

Author: Bradford (D)

Amended: 3/20/23

Vote: 21

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 4/24/23

AYES: Roth, Alvarado-Gil, Archuleta, Ashby, Becker, Dodd, Eggman, Glazer, Niello, Smallwood-Cuevas, Wahab, Wilk

NO VOTE RECORDED: Nguyen

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Barbering and cosmetology

SOURCE: Board of Barbering Cosmetology

DIGEST:

This bill requires the Board of Barbering Cosmetology (BBC) to establish, by regulation, a BBC-offered remedial education program, in lieu of a first offense of a health and safety violation and authorizes BBC to impose a fee to cover the reasonable regulatory cost of administering the program.

ANALYSIS:

Existing law:

1. Requires BBC to develop or adopt a health and safety course on hazardous substances, basic labor laws, and physical and sexual assault awareness, which shall be taught in BBC-approved school. (BPC § 7389)
2. Authorizes BBC, pursuant to an inspection of an establishment where health and safety laws and regulations related to manicure and pedicure equipment have been violated and a citation issued to, without advance hearing, temporarily suspend a license. Requires the licensee to undertake BBC-approved remedial training related to the health and safety laws and regulations applicable to the establishment. Requires the licensee to pay fines for a citation and authorizes a payment plan. (BPC § 7403.2.)

1. Authorizes individuals who receive a citation and fine to appeal the citation to a BBC-established disciplinary review committee (DRC) if the appeal is submitted in writing within 30-days. (BPC § 7410)

This bill requires BBC to establish, by regulation, a BBC-offered remedial education program, in lieu of a first offense of a health and safety violation and authorizes BBC to impose a fee to cover the reasonable regulatory cost of administering the program.

Background

BBC is responsible for licensing and regulating barbers, cosmetologists, hairstylists, estheticians, electrologists, manicurists, apprentices and establishments. The Barbering and Cosmetology Act provides the authority for the BBC to issue citations and assess administrative fines for violating any BBC rules and regulations.  BBC has a fine schedule that consists of 68 violations, with fines for violation ranging from $50 to $1000, depending on the violation, for a first offense.  Those amounts gradually increase on the second and third offense.  While the BBC has set the higher fine amounts for the most egregious violations, such as $500 for performing an invasive procedure, there are many violations that may not have an impact on consumer safety, for example a $50-$150 fine for how clean towels are stored. 

While less than half of BBC-approved establishments are inspected in a given year, each inspection likely results in multiple citations, including to the licensee working in an establishment, an independent contractor licensee utilizing space in an establishment, and the establishment owner.  Concerns about the disproportionate impact of BBC inspections and citations on certain licensing populations have remained for many years.  Advocates for workers in the nail industry like the California Healthy Nail Salon Collaborative have historically advised that language and cultural barriers can prevent nail salon workers from fully understanding important occupational health and safety information and regulations. 

BBC has maintained that the citation and fine program is its main force of discipline, and violations are often are resolved without the need for further follow-up or formal disciplinary action. However, there is no documentation to validate that all of the 68 offenses an individual faces a citation for negatively impact members of the public who receive beautification services.  It is unclear how likely consumer safety will benefit if these violations do not occur.

BBC’s DRC conducts informal administrative citation review hearings and renders decisions regarding appealed citations. The DRC has authority to affirm, modify or dismiss the citations, including any fines. The Board President annually appoints members to the committee which are made concurrently with the annual election of officers. Due to the high volume of appeals, all members of the Board are designated as members of the DRC. However, only three members attend meetings. Anyone who is issued a citation by BBC has the right to appeal any or all the violations cited before the DRC. The DRC allows an individual to appear in person and contest whether a violation actually occurred, the period of time offered for a correction, and the amount of the fine. DRC hearings feature interpreters to ensure the ability for all licensees to appear. If the individual still does not agree with the DRC decision, they can appeal to have their case heard before an Administrative Law Judge. These monthly hearings last two to four days and an average of 60 cases are heard each session (about 180 cases per month).

Offering remedial education to licensees has a long been a discussion at the BBC level. Current law requires BBC to take immediate licensure suspension and probation action for violations related to manicure and pedicure equipment. As part of this probation, the licensee is required to complete an eight-hour remedial education course that is board-approved, rather than board-offered. BBC has historically been concerned about the quality of this remedial education and ability for licensees to access such courses, and has previously discussed the need for BBC to develop its own remedial education course or courses in order to ensure the accuracy of information provided, affordability for licensees, and accessibility.

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

SUPPORT: (Verified 5/10/23)

Board of Barbering and Cosmetology (source)

Professional Beauty Federation of California

OPPOSITION: (Verified 5/10/23)

None received

ARGUMENTS IN SUPPORT: The Board of Barbering and Cosmetology notes that this bill will benefit licensees by reducing or removing administrative fines for a first offense of a health and safety violation, while still ensuring consumer protection by requiring licensees to complete a remedial education program instead.

Professional Beauty Federation of California believes that many licensees cited for a first-time violation could learn from their mistake and not repeat it in the future with appropriate remedial education

Prepared by: Sarah Mason / B., P. & E.D. /

5/10/23 15:29:09

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Richard Roth, Chair

2023 - 2024 Regular

Bill No: Hearing Date: April 24, 2023

Subject:

SUMMARY:

Requires the Board of Barbering Cosmetology (BBC) to establish, by regulation, a BBC-offered remedial education program, in lieu of a first offense of a health and safety violation and authorizes BBC to impose a fee to cover the reasonable regulatory cost of administering the program.

Existing law:

1. Establishes the BBC, until January 1, 2027, responsible for administering the Barbering and Cosmetology Act (Act) and regulating specified practices through the licensure of barbers, cosmetologists, hairstylists, electrologists, manicurists, and estheticians and oversight of establishments. (Business and Professions Code (BPC) § 7301 et. seq.)
2. Specifies that a course in barbering and cosmetology at a BBC-approved school must consist of not less than 1,000 hours of practical and technical instruction, including, among other requirements, 100 hours in health and safety (which includes hazardous substances, chemical safety, safety data sheets, protection from hazardous chemicals, preventing chemical injuries, health and safety laws and regulations, and preventing communicable diseases) and 100 hours in disinfection and sanitation (which includes disinfection procedures to protect the health and safety of consumers as well as the technician and proper disinfection procedures for equipment used in establishments). (BPC § 7362.5)
3. Requires BBC to develop or adopt a health and safety course on hazardous substances, basic labor laws, and physical and sexual assault awareness, which shall be taught in BBC-approved school. (BPC § 7389)
4. Authorizes BBC, pursuant to an inspection of an establishment where health and safety laws and regulations related to manicure and pedicure equipment have been violated and a citation issued to, without advance hearing, temporarily suspend a license. Requires the licensee to undertake BBC-approved remedial training related to the health and safety laws and regulations applicable to the establishment. Requires the licensee to pay fines for a citation and authorizes a payment plan. (BPC § 7403.2.)

1. Authorizes individuals who receive a citation and fine to appeal the citation to a BBC-established disciplinary review committee (DRC) if the appeal is submitted in writing within 30-days. (BPC § 7410)

This bill requires BBC to establish, by regulation, a BBC-offered remedial education program, in lieu of a first offense of a health and safety violation and authorizes BBC to impose a fee to cover the reasonable regulatory cost of administering the program.

FISCAL EFFECT:

COMMENTS:

1. Purpose. The Board of Barbering and Cosmetology is the Sponsor of this bill. According to the Author, “Existing law does not allow a license holder the opportunity to take a remedial education class in order to avoid receiving a first violation on their professional record. In 2022, the Board of Barbering and Cosmetology issued 6,223 citations for various violations. The citations carried fines ranging from $25 to $1,000. Many violations are related to sanitary requirements such as cleaning brushes or equipment. Multiple violations can put a license holder at risk of losing their license and therefore their ability to work and earn a living. This bill will allow workers to refresh their knowledge of health and safety requirements and avoid a first violation on their professional record.”
2. Background. BBC is responsible for licensing and regulating barbers, cosmetologists, hairstylists, estheticians, electrologists, manicurists, apprentices and establishments. BBC is an autonomous regulatory entity supported by licensing fees, with full policy and enforcement authority over the practices of hair, skin and nail care, and electrolysis in the state. The Act provides exemptions for: those involved in the health care field who, within their own scope of practice, may perform particular procedures which would constitute the practice of barbering or cosmetology; commissioned officers in the military service, or their attendants, when engaged in the actual performance of their official duties; persons employed in the movie, television, theatrical, or radio business; persons selling or demonstrating certain products. BBC is one of the largest boards in the country, with over 615,000 licensees. Annually, BBC issues approximately 261,000 licenses (initial and renewal licenses). Each profession has its own scope of practice, entry-level requirements, and professional settings, with some overlap in areas.

SB 803 (Roth, Chapter 648, Statutes of 2021) continued the operations of the BBC until January 1, 2027 and made various technical changes, statutory improvements, and policy reforms to the Act based on the joint sunset review oversight of BBC by the Senate Committee on Business, Professions, and Economic Development and Assembly Committee on Business and Professions.

The Act provides the authority for the BBC to issue citations and assess administrative fines for violating any BBC rules and regulations.  BBC has a fine schedule that consists of 68 violations, with fines for violation ranging from $50 to $1000, depending on the violation, for a first offense.  Those amounts gradually increase on the second and third offense.  While the BBC has set the higher fine amounts for the most egregious violations, such as $500 for performing an invasive procedure, there are many violations that may not have an impact on consumer safety, for example a $50-$150 fine for how clean towels are stored. 

While less than half of BBC-approved establishments are inspected in a given year, each inspection likely results in multiple citations, including to the licensee working in an establishment, an independent contractor licensee utilizing space in an establishment, and the establishment owner.  Concerns about the disproportionate impact of BBC inspections and citations on certain licensing populations have remained for many years.  Advocates for workers in the nail industry like the California Healthy Nail Salon Collaborative have historically advised that language and cultural barriers can prevent nail salon workers from fully understanding important occupational health and safety information and regulations. 

BBC has maintained that the citation and fine program is its main force of discipline, and violations are often are resolved without the need for further follow-up or formal disciplinary action. However, there is no documentation to validate that all of the 68 offenses an individual faces a citation for negatively impact members of the public who receive beautification services.  It is unclear how likely consumer safety will benefit if these violations do not occur.

BBC’s DRC conducts informal administrative citation review hearings and renders decisions regarding appealed citations. The DRC has authority to affirm, modify or dismiss the citations, including any fines. The Board President annually appoints members to the committee which are made concurrently with the annual election of officers. Due to the high volume of appeals, all members of the Board are designated as members of the DRC. However, only three members attend meetings. Anyone who is issued a citation by BBC has the right to appeal any or all the violations cited before the DRC. The DRC allows an individual to appear in person and contest whether a violation actually occurred, the period of time offered for a correction, and the amount of the fine. DRC hearings feature interpreters to ensure the ability for all licensees to appear. If the individual still does not agree with the DRC decision, they can appeal to have their case heard before an Administrative Law Judge. These monthly hearings last two to four days and an average of 60 cases are heard each session (about 180 cases per month).

Offering remedial education to licensees has a long been a discussion at the BBC level. Current law requires BBC to take immediate licensure suspension and probation action for violations related to manicure and pedicure equipment. As part of this probation, the licensee is required to complete an 8 hour remedial education course that is board-approved, rather than board-offered. BBC has historically been concerned about the quality of this remedial education and ability for licensees to access such courses, and has previously discussed the need for BBC to develop its own remedial education course or courses in order to ensure the accuracy of information provided, affordability for licensees, and accessibility.

1. Arguments in Support. The Board of Barbering and Cosmetology notes that this bill would benefit licensees by reducing or removing administrative fines for a first offense of a health and safety violation, while still ensuring consumer protection by requiring licensees to complete a remedial education program instead.

Professional Beauty Federation of California believes that many licensees cited for a first-time violation could learn from their mistake and not repeat it in the future with appropriate remedial education.

SUPPORT AND OPPOSITION:

Support:

Board of Barbering and Cosmetology

Beauty Federation of California

Opposition:

None received

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