SB 803 California Senate · 2021-2022 Regular Session

Barbering and cosmetology.

Summary
(1) Existing law, the Barbering and Cosmetology Act provides for the licensure and regulation of barbers and cosmetologists by the State Board of Barbering and Cosmetology in the Department of Consumer Affairs. Existing law, until January 1, 2022, establishes the board and requires the board to be composed of 9 members composed of 5 public members and 4 professional members. Existing law also establishes a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues, as described. This bill would increase the total number of members to 13, with 7 public members and 6 professional members, comprised as specified. The bill would provide a per diem to each board and committee member, as specified. The bill would extend the provisions relating to the establishment and composition of the board until January 1, 2027. (2) The act requires the board to conduct certain reviews and report its findings and recommendations as prescribed by November 1, 2018. The act provides that it confers no authority to practice medicine or surgery. This bill would delete that obsolete report requirement. The bill would prohibit the practice of medicine from being performed by, or offered by, a licensee under the act without being authorized and licensed to perform that act pursuant to a license obtained in accordance with some other provision of law. (3) The act requires the board 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. The act prohibits the board from reducing the number of employees assigned to perform various inspections relating to field operations below the level funded by the annual Budget Act and as described and would prohibit the redirection of funds or personnel years allocated to those inspection and investigation purposes to other purposes. This bill would remove those prohibitions. Existing law also requires the board to inspect licensed establishments, as described. This bill would remove this requirement. (4) Existing law describes the practice of barbering, cosmetology, skin care and nail care specialties within cosmetology, and nail care. This bill would modify those descriptions and describe the practice of hairstyling. (5) Existing law requires the board to admit to examination for a license as a cosmetologist, barber, esthetician, manicurist, and electrologist to practice cosmetology, barbering, skin care, nail care, and electrolysis, respectively, any person who has made application to the board in proper form, paid the required fee, and meets specified qualifications. This bill would also require the board to admit to examination for a license as a hairstylist to practice hairstyling any person who has made application to the board in proper form, paid the required fee, and meets specified qualifications. The bill would establish a fee for a hairstylist application and examination. (6) Existing law requires the board to grant a license to practice to an applicant if the applicant submits a completed application form and all required fees and proof of a current license issued by another state. Existing law requires that license to have been active for 3 of the last 5 years, as described. This bill would remove that requirement for such an applicant to receive a license to practice from the board. (7) Existing law requires all persons making application as an apprentice in barbering to complete at least 39 hours of preapprentice training in a facility approved by the board prior to serving the general public. This bill would instead require those persons to complete training administered by the board. (8) Existing law requires the board to determine by regulation the required subjects of instruction to be completed in all approved courses provided by board-approved schools. Existing law also sets forth specific practical training and technical instruction hour requirements for barbering and cosmetology courses, among others. This bill would remove that requirement and instead set forth specific curriculum requirements for barbering, cosmetology, skin care, and nail care courses. The bill would also revise the number of practical and technical instruction hours required for these courses. The bill would also establish curriculum and hour requirements for a course in hairstyling established by a school. (9) Existing law requires the board to adopt regulations regarding the examination of students or apprentices, sets forth certain timelines for conducting the licensing examination, and describes preapplications for licensing examinations. Existing law also sets forth requirements for the examination. This bill would remove the above-described requirements on the board and timelines and preapplications for licensure. The bill would also recast the examination requirements to require a written examination that evaluates competency in protecting the health and safety of consumers of the services provided by licensees and written tests to determine the applicant's skill in, and knowledge of, the practice of the occupation for which a license is sought, as described. (10) Existing law provides that a course of training in barbering or cosmetology established by federal or state correctional institutions in California may qualify a person thereby trained to take a licensure examination as a barber or cosmetologist, if the course complies with the requirements of the act. The bill would expand this provision to hairstyling training courses established by federal or state correctional institutions in California. (11) Existing law regulates the operation of mobile units, which is defined as any self-contained, self-supporting, enclosed mobile unit that meets certain size requirements, that is licensed as an establishment for the practice of any occupation licensed by the board, and that meets other specified requirements. This bill would modify the definition of mobile unit to remove the size requirements and to instead require licensing as a mobile unit rather than as an establishment. The bill would modify requirements for submitting applications for a mobile unit and compliance with certain system requirements. (12) Existing law requires individual licensees to identify, at the time of license renewal, on the application as an employee, independent contractor or booth renter, or a salon owner. Existing law also requires establishment licensees to identify whether they have an independent contractor or booth renter operating in their establishment. This bill would remove references to booth renters in these provisions. (13) The act requires the board to establish by regulation a schedule of administrative fines for violations of the act. The act also makes it a misdemeanor for any person, firm, association, or corporation to violate any provision of the act that does not impose a specific penalty. This bill would require the administrative fines to be for violations of the act that directly impact consumer safety. The bill would also remove the imposition of a misdemeanor for violations of any provision of the act that does not impose a specific penalty. (14) Existing law authorizes a cosmetology student enrolled in an approved course, as provided, to work as an unpaid extern in an establishment participating in the educational program of the school upon completion of at least 60% of the clock hours required for graduation in the course. This bill would delete the requirement that the cosmetology externship be unpaid and would permit a student to work as an extern upon completion of at least 25% of the clock hours required for graduation in the course. Existing law requires an extern to receive clock hour credit toward graduation and prohibits that credit from exceeding 8 hours per week and 10% of the total clock hours required for completion of the course. This bill would instead prohibit the extern's clock hour credit for graduation from exceeding 25 hours per week and 25% of the total clock hours required for completion of the course. This bill would also make technical changes.
Bill status signed all 5 stages cleared
Introduction
Feb 2021
Committee Review
Aug 2021
Senate Passage
Jun 2021
Assembly Passage
Sep 2021
Signed into Law
Oct 2021
Introduced Feb 19, 2021 Signed Oct 7, 2021
Floor votes · Senate Jun 3, 2021 · Assembly Sep 2, 2021

How they voted

360
Passed · 4 other
Total votes 40
Jun 3, 2021
D Democratic31
29 Yea 2
93% Yea
R Republican9
7 Yea 2
77% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
36
Key actions
11
Committee
6
Amendments
5
Oct 7, 2021
Signed into law
Approved by the Governor.
legislature
Sep 3, 2021
Upper · Passed
Assembly amendments concurred in. (Ayes 35. Noes 1. Page 2382.) Ordered to engrossing and enrolling.
upper
Sep 2, 2021
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 2, 2021
Lower · Passed
Read third time. Passed. (Ayes 66. Noes 1. Page 2716.) Ordered to the Senate.
lower
Aug 26, 2021
Lower · Passed
From committee: Do pass. (Ayes 13. Noes 0.) (August 26).
lower
Jul 15, 2021
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 14, 2021
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 17. Noes 1.) (July 14).
lower
Jun 17, 2021
Committee
Referred to Com. on B. & P.
lower
Jun 3, 2021
Upper · Passed
Read third time. Passed. (Ayes 36. Noes 0. Page 1418.) Ordered to the Assembly.
upper
May 20, 2021
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0. Page 1205.) (May 20).
upper
May 11, 2021
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
upper
Apr 27, 2021
Upper · Passed
May 3 hearing postponed by committee.
upper
Apr 19, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0. Page 841.) (April 19). Re-referred to Com. on APPR.
upper
Mar 3, 2021
Committee
Referred to Com. on B., P. & E.D.
upper
Feb 19, 2021
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Richard Roth
Richard Roth
DDemocratic
CA
31