Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 384Introduced by Senator BradfordFebruary 09, 2023An act to amend Section 7319 7407.1 of the Business and Professions Code, relating to barbering and cosmetology. LEGISLATIVE COUNSEL'S DIGESTSB 384, as amended, Bradford. Barbering and cosmetology.Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practices of barbering, cosmetology, and electrolysis 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 against both the holder of the establishment license and the individual licensee for the same violation and also requires the board to determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 7407.1 of the Business and Professions Code is amended to read:7407.1. (a) The board shall 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. The board shall also determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an individual licensee for the same violation. In making these determinations, the board shall 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.(b) (1) The board shall establish by regulation a board-offered remedial education program, in lieu of a first offense of a health and safety violation.(2) The board may impose a fee to cover the reasonable regulatory cost of administering the program described in paragraph (1).SECTION 1.Section 7319 of the Business and Professions Code is amended to read:7319.The following persons are exempt from this chapter:(a)All persons authorized by the laws of this state to practice medicine, surgery, dentistry, pharmacy, osteopathic medicine, chiropractic, naturopathy, podiatry, or nursing and acting within the scope of practice for which they are licensed.(b)Commissioned officers of the United States Army, Navy, Air Force, Marine Corps, members of the United States Public Health Service, and attendants attached to those services when engaged in the actual performance of their official duties.(c)Persons employed to render barbering, cosmetology, or electrolysis services in the course of and incidental to the business of employers engaged in the theatrical, radio, television or motion picture production industry.(d)Persons engaged in any practice within its scope when done outside of a licensed establishment, without compensation.(e)Persons engaged in the administration of hair, skin, or nail products for the exclusive purpose of recommending, demonstrating, or selling those products.(f)Persons who render barbering or cosmetology services in an institutional program during the course of and incidental to the incarceration or confinement of inmates, prisoners, or persons charged with a crime. However, all of the following conditions shall apply:(1)Those persons shall complete a barbering training course, developed by the Department of Corrections and Rehabilitation and approved by the Department of Consumer Affairs, in the proper care of instruments and the prevention of infectious diseases.(2)Those persons shall successfully pass an examination, developed and administered by the Department of Corrections and Rehabilitation, on the proper care of instruments and the prevention of infectious diseases.(3)All barbering facilities located in correctional institutions shall be subject to all appropriate health and safety sanitation standards, as determined by the Department of Corrections and Rehabilitation.
Amended IN Senate March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 384Introduced by Senator BradfordFebruary 09, 2023An act to amend Section 7319 7407.1 of the Business and Professions Code, relating to barbering and cosmetology. LEGISLATIVE COUNSEL'S DIGESTSB 384, as amended, Bradford. Barbering and cosmetology.Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practices of barbering, cosmetology, and electrolysis 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 against both the holder of the establishment license and the individual licensee for the same violation and also requires the board to determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate March 20, 2023
Amended IN Senate March 20, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 384
Introduced by Senator BradfordFebruary 09, 2023
Introduced by Senator Bradford
February 09, 2023
An act to amend Section 7319 7407.1 of the Business and Professions Code, relating to barbering and cosmetology.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 384, as amended, Bradford. Barbering and cosmetology.
Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practices of barbering, cosmetology, and electrolysis 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 against both the holder of the establishment license and the individual licensee for the same violation and also requires the board to determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an 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.
Existing law, the Barbering and Cosmetology Act, provides for the licensure and regulation of the practices of barbering, cosmetology, and electrolysis 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 against both the holder of the establishment license and the individual licensee for the same violation and also requires the board to determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 7407.1 of the Business and Professions Code is amended to read:7407.1. (a) The board shall 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. The board shall also determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an individual licensee for the same violation. In making these determinations, the board shall 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.(b) (1) The board shall establish by regulation a board-offered remedial education program, in lieu of a first offense of a health and safety violation.(2) The board may impose a fee to cover the reasonable regulatory cost of administering the program described in paragraph (1).SECTION 1.Section 7319 of the Business and Professions Code is amended to read:7319.The following persons are exempt from this chapter:(a)All persons authorized by the laws of this state to practice medicine, surgery, dentistry, pharmacy, osteopathic medicine, chiropractic, naturopathy, podiatry, or nursing and acting within the scope of practice for which they are licensed.(b)Commissioned officers of the United States Army, Navy, Air Force, Marine Corps, members of the United States Public Health Service, and attendants attached to those services when engaged in the actual performance of their official duties.(c)Persons employed to render barbering, cosmetology, or electrolysis services in the course of and incidental to the business of employers engaged in the theatrical, radio, television or motion picture production industry.(d)Persons engaged in any practice within its scope when done outside of a licensed establishment, without compensation.(e)Persons engaged in the administration of hair, skin, or nail products for the exclusive purpose of recommending, demonstrating, or selling those products.(f)Persons who render barbering or cosmetology services in an institutional program during the course of and incidental to the incarceration or confinement of inmates, prisoners, or persons charged with a crime. However, all of the following conditions shall apply:(1)Those persons shall complete a barbering training course, developed by the Department of Corrections and Rehabilitation and approved by the Department of Consumer Affairs, in the proper care of instruments and the prevention of infectious diseases.(2)Those persons shall successfully pass an examination, developed and administered by the Department of Corrections and Rehabilitation, on the proper care of instruments and the prevention of infectious diseases.(3)All barbering facilities located in correctional institutions shall be subject to all appropriate health and safety sanitation standards, as determined by the Department of Corrections and Rehabilitation.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 7407.1 of the Business and Professions Code is amended to read:7407.1. (a) The board shall 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. The board shall also determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an individual licensee for the same violation. In making these determinations, the board shall 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.(b) (1) The board shall establish by regulation a board-offered remedial education program, in lieu of a first offense of a health and safety violation.(2) The board may impose a fee to cover the reasonable regulatory cost of administering the program described in paragraph (1).
SECTION 1. Section 7407.1 of the Business and Professions Code is amended to read:
### SECTION 1.
7407.1. (a) The board shall 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. The board shall also determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an individual licensee for the same violation. In making these determinations, the board shall 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.(b) (1) The board shall establish by regulation a board-offered remedial education program, in lieu of a first offense of a health and safety violation.(2) The board may impose a fee to cover the reasonable regulatory cost of administering the program described in paragraph (1).
7407.1. (a) The board shall 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. The board shall also determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an individual licensee for the same violation. In making these determinations, the board shall 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.(b) (1) The board shall establish by regulation a board-offered remedial education program, in lieu of a first offense of a health and safety violation.(2) The board may impose a fee to cover the reasonable regulatory cost of administering the program described in paragraph (1).
7407.1. (a) The board shall 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. The board shall also determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an individual licensee for the same violation. In making these determinations, the board shall 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.(b) (1) The board shall establish by regulation a board-offered remedial education program, in lieu of a first offense of a health and safety violation.(2) The board may impose a fee to cover the reasonable regulatory cost of administering the program described in paragraph (1).
7407.1. (a) The board shall 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. The board shall also determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an individual licensee for the same violation. In making these determinations, the board shall 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.
(b) (1) The board shall establish by regulation a board-offered remedial education program, in lieu of a first offense of a health and safety violation.
(2) The board may impose a fee to cover the reasonable regulatory cost of administering the program described in paragraph (1).
The following persons are exempt from this chapter:
(a)All persons authorized by the laws of this state to practice medicine, surgery, dentistry, pharmacy, osteopathic medicine, chiropractic, naturopathy, podiatry, or nursing and acting within the scope of practice for which they are licensed.
(b)Commissioned officers of the United States Army, Navy, Air Force, Marine Corps, members of the United States Public Health Service, and attendants attached to those services when engaged in the actual performance of their official duties.
(c)Persons employed to render barbering, cosmetology, or electrolysis services in the course of and incidental to the business of employers engaged in the theatrical, radio, television or motion picture production industry.
(d)Persons engaged in any practice within its scope when done outside of a licensed establishment, without compensation.
(e)Persons engaged in the administration of hair, skin, or nail products for the exclusive purpose of recommending, demonstrating, or selling those products.
(f)Persons who render barbering or cosmetology services in an institutional program during the course of and incidental to the incarceration or confinement of inmates, prisoners, or persons charged with a crime. However, all of the following conditions shall apply:
(1)Those persons shall complete a barbering training course, developed by the Department of Corrections and Rehabilitation and approved by the Department of Consumer Affairs, in the proper care of instruments and the prevention of infectious diseases.
(2)Those persons shall successfully pass an examination, developed and administered by the Department of Corrections and Rehabilitation, on the proper care of instruments and the prevention of infectious diseases.
(3)All barbering facilities located in correctional institutions shall be subject to all appropriate health and safety sanitation standards, as determined by the Department of Corrections and Rehabilitation.