SECTIONS 7301-7315 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7301-7315

7301. This chapter constitutes the chapter on hair, skin, nail
care, and electrolysis and may be known and cited as the Barbering
and Cosmetology Act.

7302. The following definitions shall apply for purposes of this
chapter:
(a) "Department" means the Department of Consumer Affairs.
(b) "Director" means the Director of Consumer Affairs.
(c) "Board" or "bureau" means the State Board of Barbering and
Cosmetology.
(d) "Executive officer" means the executive officer of the State
Board of Barbering and Cosmetology.

7303. (a) Notwithstanding Article 8 (commencing with Section 9148)
of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government
Code, there is in the Department of Consumer Affairs the State Board
of Barbering and Cosmetology in which the administration of this
chapter is vested.
(b) The board shall consist of nine members. Five members shall be
public members, and four members shall represent the professions.
The Governor shall appoint three of the public members and the four
professional members. The Senate Committee on Rules and the Speaker
of the Assembly shall each appoint one public member. Members of the
board shall be appointed for a term of four years, except that of the
members appointed by the Governor, two of the public members and two
of the professions members shall be appointed for an initial term of
two years. No board member may serve longer than two consecutive
terms.
(c) The board may appoint an executive officer who is exempt from
civil service. The executive officer shall exercise the powers and
perform the duties delegated by the board and vested in him or her by
this chapter. The appointment of the executive officer is subject to
the approval of the director. In the event that a newly authorized
board replaces an existing or previous bureau, the director may
appoint an interim executive officer for the board who shall serve
temporarily until the new board appoints a permanent executive
officer.
(d) The executive officer shall provide examiners, inspectors, and
other personnel necessary to carry out the provisions of this
chapter.
(e) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.

7303.1. Protection of the public shall be the highest priority for
the Board of Barbering and Cosmetology in exercising its licensing,
regulatory, and disciplinary functions. Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.

7303.2. The board shall conduct the following studies and reviews,
and shall report its findings and recommendations to the department
and the Joint Committee on Boards, Commissions, and Consumer
Protection no later than September 1, 2005:
(a) The board, pursuant to Section 139 and in conjunction with the
Office of Professional Examination Services of the department, shall
review the 1600 hour training requirement for cosmetologists.
(b) The board, in conjunction with the Office of Professional
Examination Services of the department, shall evaluate the
equivalency of the national exam.
(c) The board shall conduct a study to assess the costs and
benefits associated with requiring all applicants to submit
fingerprint cards for background investigations.
(d) The board, in coordination with the Department of Industrial
Relations, shall review all components of the apprenticeship program,
including, but not limited to, the following:
(1) Apprenticeship curriculum requirements.
(2) The standards for the preapprentice trainers, program
sponsors, trainers, and placement establishments. The board shall pay
particular attention to ways to eliminate duplicative regulations.
(e) The board shall review all components of the externship
program. In addition to structural changes, the board shall address
the following:
(1) Whether the program should be eliminated.
(2) Whether the program should be available to all students, not
just cosmetology students attending private schools.
(3) Whether the students should be paid.
(f) The board shall assess the costs and benefits associated with
same day licensing. If the board determines that the benefits of same
day licensing outweigh the costs, the board shall immediately plan
and implement safety measures to protect site staff and undispersed
licenses.
(g) The board, in conjunction with the Office of Professional
Examination Services of the department, shall assess the validity of
aggregate scoring for board applicants.

7303.5. (a) The board may appoint an executive officer who is
exempt from civil service. The executive officer shall exercise the
powers and perform the duties delegated by the board and vested in
him or her by this chapter. The appointment of the executive officer
is subject to the approval of the director.
(b) The executive officer shall provide examiners, inspectors, and
other personnel necessary to carry out the provisions of this
chapter.
(c) This section shall become operative on July 1, 2008.(d) This
section shall remain in effect only until January 1, 2012, and as of
that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2012, deletes or extends that date.

7304. The board shall be subject to review pursuant to Division 1.2
(commencing with Section 473).

7305. The board shall elect officers annually from among its
members, each of whom shall hold office for a term of one year. An
officer shall not serve in a particular officer position for more
than two terms.

7308. (a) The board shall study the effects of current law,
regulations, and policy related to the licensing functions of the
board that may create unnecessary barriers to employing people with
criminal records. The objective of the study shall be to identify
changes in law or board policy to help remove unnecessary barriers to
licensing due to criminal records while protecting the safety and
security of customers and the integrity of the occupations regulated
by the board. The board shall report all of its findings to the
Legislature on or before September 1, 2007.
(b) For each of the calendar years 2002, 2003, 2004, 2005, and
2006, the study shall provide the following information:
(1) The total number of applicants, by occupation.
(2) The number of applicants who were denied licensure.
(3) The number of applicants, by occupation, who disclosed a
criminal record on their application. Of those applicants:
(A) The number of applicants who were denied licensure.
(B) The number of applicants who were denied licensure who
requested a hearing to appeal the decision.
(C) The number of applicants whose appeal resulted in reversal or
modification of the decision, including the issuance of a
probationary license.
(D) The age and severity of each offense.
(E) The number of applicants with nonviolent drug offenses.
(F) The number of applicants with misdemeanor offenses.
(G) The number of applicants that were asked by the board to
supply additional information relating to their criminal record.
(H) The number of applicants who provided evidence of
rehabilitation.
(4) The criteria applied by the board to determine whether an
applicant's criminal record is substantially related to the requested
license, including the specific categories of disqualifying offenses
and any criteria related to the age and severity of the
disqualifying offenses.
(5) The criteria applied by the board to determine whether an
applicant has been sufficiently rehabilitated, including an analysis
of the factors that most often lead to a determination of
rehabilitation resulting in licensing.
(6) The average length of time that an appeal is pending relative
to the date of the hearing request and final decision.
(7) The number and percentage of appeals pending longer than 30
days and longer than 100 days from the time the applicant requested
the hearing.

7309. The board shall establish a principal office, and may
establish branch offices and examination facilities in the state as
may be deemed necessary for the board to conduct its business.

7311. The board shall adopt and use a common seal for the
authentication of the board's records.

7312. The board shall do all of the following:
(a) Make rules and regulations in aid or furtherance of this
chapter in accordance with the Administrative Procedure Act.
(b) Conduct and administer examinations of applicants for
licensure.
(c) Issue licenses to those applicants that may be entitled
thereto.
(d) Discipline persons who have been determined to be in violation
of this chapter or the regulations adopted pursuant to this chapter.
(e) Adopt rules governing sanitary conditions and precautions to
be employed as are reasonably necessary to protect the public health
and safety in establishments, schools approved by the board, and in
the practice of any profession provided for in this chapter. The
rules shall be adopted in accordance with the Administrative
Procedure Act, Chapter 3.5 (commencing with Section 11340) of Title 2
of the Government Code, and shall be submitted to the State
Department of Health Services and approved by that department prior
to filing with the Secretary of State. A written copy of all those
rules shall be furnished to each licensee.

7313. (a) (1) To ensure compliance with the laws and regulations of
this chapter, the board's executive officer and authorized
representatives shall, except as provided by Section 159.5, have
access to, and shall inspect, any establishment or mobile unit during
business hours or at any time in which barbering, cosmetology, or
electrolysis are being performed. It is the intent of the Legislature
that inspections be conducted on Saturdays and Sundays as well as
weekdays, if collective bargaining agreements and civil service
provisions permit.
(2) The board shall 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 board or its authorized
representatives shall inspect establishments to reasonably determine
compliance levels and to identify market conditions that require
targeted enforcement. The board shall not reduce the number of
employees assigned to perform random inspections, targeted
inspections, and investigations relating to field operations below
the level funded by the annual Budget Act and described in supporting
budget documents, and shall not redirect funds or personnel-years
allocated to those inspection and investigation purposes to other
purposes.
(b) To ensure compliance with health and safety requirements
adopted by the board, the executive officer and authorized
representatives shall, except as provided in Section 159.5, 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. Notices of violation shall be issued to schools for
violations of regulations governing conditions related to the health
and safety of patrons. Each notice shall specify the section violated
and a timespan within which the violation must be corrected. A copy
of the notice of violation shall be provided to the Bureau for
Private Postsecondary and Vocational Education.
(c) With prior written authorization from the board or its
executive officer, any member of the board may enter and visit, in
his or her capacity as a board member, any establishment, during
business hours or at any time when barbering, cosmetology, or
electrolysis is being performed. The visitation by a board member
shall be for the purpose of conducting official board business, but
shall not be used as a basis for any licensing disciplinary action by
the board.

7314. The board shall keep a record of its proceedings relating to
its public meetings, meetings of committees, and records relating to
the issuance, refusal, renewal, suspension and revocation of
licenses.
The board shall keep a registration record of each licensee
containing the name, address, license number and date issued. This
record shall also contain any facts that the applicants may have
stated in their application for examination for licensure.

7315. A majority of the board may, in any meeting properly noticed
in accordance with the Bagley-Keene Open Meeting Act, exercise all
the duties and powers devolving upon the board.