Existing law establishes in the Business, Consumer Services, and Housing Agency the Department of Consumer Affairs. Existing law establishes various boards within the department for the licensure, regulation, and discipline of various professions and vocations. Existing law establishes the Barbering and Cosmetology Act, under the administration of the State Board of Barbering and Cosmetology, for the licensure and regulation of barbers and cosmetologists. Existing law specifies a hairstylists application and examination fee shall be $50, or an amount as determined by the board, not to exceed the reasonable cost of developing, purchasing, grading, and administering the examination, and not to exceed $50.

This bill would instead require that the hairstylist application and examination fee be the actual cost to the board for developing, purchasing, grading, and administering the examination, and limit a hairstylists initial license fee to $50.

Date of Hearing: July 11, 2023

ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS

Marc Berman, Chair

SBPCA Bill Id:SB 817

Author:(Roth) – As Introduced Ver:February 17, 2023

SENATE VOTE: 39-0

SUBJECT: Barbering and cosmetology: application, examination, and licensing fees

SUMMARY: Recasts provisions of law authorizing the State Board of Barbering and Cosmetology (BBC) to charge a hairstylist license application and examination fee to require that the fee be the actual cost to the BBC, not to exceed $50.

EXISTING LAW:

1. Establishes the BBC within the Department of Consumer Affairs to license and regulate barbers, cosmetologists, hairstylists, electrologists, estheticians, and manicurists pursuant to the Barbering and Cosmetology Act. (Business and Professions Code (BPC) §§ 7301 et seq.)
2. Requires the BBC to engage in specified activities, including the making of rules and regulations, the development and administration of examinations, and the issuance of licenses. (BPC § 7312)
3. Provides that the practice of hairstyling consists of one or both of the following:
   1. Styling of all textures of hair by standard methods that are current at the time of the hairstyling.
   2. Arranging, blow drying, cleansing, curling, cutting, dressing, extending, shampooing, waving, or nonchemically straightening the hair of any person using both electrical and nonelectrical devices.

(BPC § 7316(h))

1. Provides that the BBC shall allow an applicant for licensure as a hairstylist to take the license examination if they submit an application, pay the required fee, and meet certain criteria. (BPC § 7322)
2. Requires every application for admission to examination and licensure to be accompanied by the required fee and to contain proof of the applicant’s qualifications. (BPC § 7337)
3. Requires all fees set by the BBC to reflect the amounts necessary to cover the expenses of the board in performing its duties. (BPC § 7421)
4. Provides that the hairstylist application and examination fee shall be either $50, or a fee in an amount as determined by the BBC, not to exceed the reasonable cost of developing, purchasing, grading, and administering the examination, not to exceed $50. (BPC § 7423(h))

THIS BILL:

1. Requires the hairstylist application and application fee to be the actual cost to the board for developing, purchasing, grading, and administering the examination.
2. Prohibits the hairstylist’s initial license fee from exceeding $50.

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

COMMENTS:

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

“This bill is necessary to ensure that BBC does not charge more than $50 to an individual who seeks to become a hairstylist. As currently written, the law leaves open the potential for BBC to charge over this amount, and more than it charges other professionals like cosmetologists and barbers.”

Background.

The BBC is responsible for licensing and regulating barbers, cosmetologists, hairstylists, 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. Annually, the BBC issues approximately 25,000 new licenses each year and administers over 28,000 written examinations (initial and retake examinees). Each profession has its own scope of practice, entry-level requirements, and professional settings, with overlap in some areas.

During the BBC’s most recent sunset review in 2021, a number of reforms were passed through the BBC’s sunset extension vehicle (SB 803, Roth). These included adding further specificity to the composition of the BBC, recasting the scope of practice for skincare, and authorizing cosmetology students to obtain more clock hours through paid externships. The BBC’s sunset bill also created a new hairstylist license, which allows licensees to provide certain basic hair services after meeting lower education and training requirements than are needed for barbering or cosmetology license.

The Barbering and Cosmetology Act generally prohibits the BBC from charging fees beyond what is necessary to cover the expenses of the board in performing its duties. SB 803 authorized the BBC to charge an application and examination fee to individuals seeking licensure as hairstylists. Statute currently provides the BBC with two options: they can either charge $50, or they can charge a different amount that does not exceed either $50 or the reasonable cost of developing, purchasing, grading, and administering the examination. This bill would remove the BBC’s authority to charge $50 if that is not the amount that it determines to be its actual costs; however, the fee would still ultimately be capped at $50.

Current Related Legislation.

AB 1328 (Gipson) would enact the Cosmetology Licensure Compact to facilitate California’s participation in a multistate licensing program.

Prior Related Legislation.

AB 2196 (Maienschein, Chapter 527, Statutes of 2022) clarified the scope of practice for a hairstylist and made other technical amendments to the BBC’s prior sunset bill.

SB 803 (Roth, Chapter 648, Statutes of 2021) extended the operation of the BBC and, among other things, reduced the required number of hours for courses in both barbering and cosmetology to 1,000 hours.

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.

ARGUMENTS IN SUPPORT:

The State Board of Barbering and Cosmetology (BBC) supports this bill, writing: “On April 17, 2023 the [Board] voted to take a SUPPORT position SB 817 (Roth), which would clarify the application and examination fee and the initial license fee for the new hairstylist license type. This bill would authorize the Board to establish an application and examination fee based on the actual cost to develop, purchase, grade, and administer the examination. This bill would also set the hairstylist’s initial license fee to $50.00.”

ARGUMENTS IN OPPOSITION:

None on file.

REGISTERED SUPPORT:

State Board of Barbering and Cosmetology

REGISTERED OPPOSITION:

None on file.

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

 THIRD READING  

Bill No: SB 817

Author: Roth (D)

Introduced: 2/17/23

Vote: 21

SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 12-0, 3/27/23

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

NO VOTE RECORDED: Ashby

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Barbering and cosmetology: application, examination, and licensing fees

SOURCE: Author

DIGEST:

This bill clarifies that the Board of Barbering and Cosmetology (BBC) can only charge a hairstylist application and examination fee in an amount equal to BBC’s actual costs for developing, purchasing, grading, and administering the examination. This bill limits a hairstylist’s initial license to not more than $50.

ANALYSIS:

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 § 7301 et. seq.)
2. Specifies that in order to become a licensed hairstylist, an applicant must be at least 17, complete 10th grade (or the equivalent of public school 10th grade), is not subject to denial based on having been convicted of a crime within a certain time frame that is substantially related to the qualifications, functions, or duties of being a hairstylist, and has either completed a course in hairstyling from a BBC-approved school or practiced hairstyling, as defined, in another state for a specified period of time. (BPC § 7322)

This bill clarifies that BBC can only charge a hairstylist application and examination fee in an amount equal to BBC’s actual costs for developing, purchasing, grading, and administering the examination. This bill limits a hairstylist’s initial license to not more than $50.

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.

In 2021, 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 Business, Professions, and Economic Development Committee and Assembly Business and Professions Committee. At the time, BBC suggested creating a hairstylist and waxing license to allow practitioners to obtain fewer training hours and gain faster entry to the profession. Stemming from workshops held throughout 2018 during its statutorily mandated review of the current requirements to obtain licensure, BBC decided that a hairstylist-only license, like the cosmetology license but not including skin and nail care, should be pursued. SB 803 established a separate hairstylist license and outlined a specified practice of hairstyling that includes arranging, dressing, curling, cleansing, and shampooing, among other hair-specific beautification practices that utilize instruments or require chemical products to be applied.

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

SUPPORT: (Verified 4/12/23)

None received

OPPOSITION: (Verified 4/12/23)

None received

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

4/12/23 14:04:30

**** END ****

SENATE COMMITTEE ON

BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT

Senator Richard Roth, Chair

2023 - 2024 Regular

Bill No: Hearing Date: March 27, 2023

Subject:

SUMMARY:

Clarifies that the Board of Barbering and Cosmetology (BBC) can only charge a hairstylist application and examination fee in an amount equal to BBC’s actual costs for developing, purchasing, grading, and administering the examination. Limits a hairstylist’s initial license to not more than $50.

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 § 7301 et. seq.)
2. Specifies that in order to become a licensed hairstylist, an applicant must be at least 17, complete 10th grade (or the equivalent of public school 10th grade), is not subject to denial based on having been convicted of a crime within a certain time frame that is substantially related to the qualifications, functions, or duties of being a hairstylist, and has either completed a course in hairstyling from a BBC-approved school or practiced hairstyling, as defined, in another state for a specified period of time. (BPC § 7322)

This bill clarifies that BBC can only charge a hairstylist application and examination fee in an amount equal to BBC’s actual costs for developing, purchasing, grading, and administering the examination. Limits a hairstylist’s initial license to not more than $50.

FISCAL EFFECT:

Unknown. This bill is keyed fiscal by Legislative Counsel.

COMMENTS:

1. Purpose. The Author is the Sponsor of this bill. According to the Author, this bill is necessary to ensure that BBC does not charge more than $50 to an individual who seeks to become a hairstylist. As currently written, the law leaves open the potential for BBC to charge over this amount, and more than it charges other professionals like cosmetologists and barbers.
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.

In 2021, 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. At the time, BBC suggested creating a hairstylist and waxing license to allow practitioners to obtain fewer training hours and gain faster entry to the profession. Stemming from workshops held throughout 2018 during its statutorily mandated review of the current requirements to obtain licensure, BBC decided that a hairstylist-only license, like the cosmetology license but not including skin and nail care, should be pursued. SB 803 established a separate hairstylist license and outlined a specified practice of hairstyling that includes arranging, dressing, curling, cleansing, and shampooing, among other hair-specific beautification practices that utilize instruments or require chemical products to be applied.

SUPPORT AND OPPOSITION:

Support: None received.

Opposition: None received.

-- END --