Section § 7301

Explanation
This part of the law is known as the Barbering and Cosmetology Act and it outlines regulations for hair, skin, nail care, and electrolysis services.
This chapter constitutes the chapter on hair, skin, nail care, and electrolysis and may be known and cited as the Barbering and Cosmetology Act.

Section § 7302

Explanation

This law section provides definitions for some key terms used in this chapter. It defines 'Department' as the Department of Consumer Affairs, 'Director' as the Director of Consumer Affairs, 'Board' or 'bureau' as the State Board of Barbering and Cosmetology, and 'Executive officer' as the executive officer of the State Board of Barbering and Cosmetology.

The following definitions shall apply for purposes of this chapter:
(a)CA Business & Professions Code § 7302(a) “Department” means the Department of Consumer Affairs.
(b)CA Business & Professions Code § 7302(b) “Director” means the Director of Consumer Affairs.
(c)CA Business & Professions Code § 7302(c) “Board” or “bureau” means the State Board of Barbering and Cosmetology.
(d)CA Business & Professions Code § 7302(d) “Executive officer” means the executive officer of the State Board of Barbering and Cosmetology.

Section § 7303

Explanation

The State Board of Barbering and Cosmetology is part of California's Department of Consumer Affairs. It has 13 members: seven are public and six represent professions like cosmetology and barbering. Most are appointed by the Governor, with others chosen by the Senate and Assembly. Members serve four-year terms and no more than two consecutive terms. The board can hire an executive officer and staff to manage its duties. This setup is temporary and ends on January 1, 2027, after which the Legislature will review it.

(a)CA Business & Professions Code § 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)Copy CA Business & Professions Code § 7303(b)
(1)Copy CA Business & Professions Code § 7303(b)(1) The board shall consist of 13 members. Seven members shall be public members, and six members shall represent the professions.
(2)CA Business & Professions Code § 7303(b)(2) The Governor shall appoint five of the public members and the six professional members. The six professional members shall be comprised as follows:
(A)CA Business & Professions Code § 7303(b)(2)(A) A cosmetologist.
(B)CA Business & Professions Code § 7303(b)(2)(B) A barber.
(C)CA Business & Professions Code § 7303(b)(2)(C) An esthetician.
(D)CA Business & Professions Code § 7303(b)(2)(D) An electrologist.
(E)CA Business & Professions Code § 7303(b)(2)(E) A manicurist.
(F)CA Business & Professions Code § 7303(b)(2)(F) An establishment owner.
(3)CA Business & Professions Code § 7303(b)(3) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one public member.
(4)CA Business & Professions Code § 7303(b)(4) 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.
(5)CA Business & Professions Code § 7303(b)(5) Each member of the board shall receive a per diem pursuant to Section 103.
(c)CA Business & Professions Code § 7303(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 the executive officer 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)CA Business & Professions Code § 7303(d) The executive officer shall provide examiners, inspectors, and other personnel necessary to carry out the provisions of this chapter.
(e)CA Business & Professions Code § 7303(e) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

Section § 7303.1

Explanation

The most important job of the Board of Barbering and Cosmetology is to keep the public safe. If there's ever a conflict between public safety and any other interests, public safety should always come first.

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.

Section § 7305

Explanation

This law states that the board must choose officers once a year from its members. Each officer serves a one-year term and can’t hold the same position for more than two terms.

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.

Section § 7309

Explanation

This law allows the board to set up a main office and additional branch offices or examination centers in California if needed for their work.

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.

Section § 7311

Explanation
The board needs to have a special seal to officially validate its records.
The board shall adopt and use a common seal for the authentication of the board’s records.

Section § 7312

Explanation

This section of the law outlines the responsibilities of a board. It must make rules that help enforce the chapter's regulations, conduct exams for license applicants, and issue licenses to eligible applicants. The board also disciplines those who break the rules and sets health and safety standards in related establishments and schools to protect the public. Additionally, it needs to ensure materials are available in multiple languages, including English, Korean, Spanish, and Vietnamese. Note that these amendments took effect on July 1, 2017.

(a)CA Business & Professions Code § 7312(a) The board shall do all of the following:
(1)CA Business & Professions Code § 7312(a)(1) Make rules and regulations in aid or furtherance of this chapter in accordance with the Administrative Procedure Act.
(2)CA Business & Professions Code § 7312(a)(2) Conduct and administer examinations of applicants for licensure.
(3)CA Business & Professions Code § 7312(a)(3) Issue licenses to those applicants that may be entitled thereto.
(4)CA Business & Professions Code § 7312(a)(4) Discipline persons who have been determined to be in violation of this chapter or the regulations adopted pursuant to this chapter.
(5)CA Business & Professions Code § 7312(a)(5) 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 Public Health 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.
(6)CA Business & Professions Code § 7312(a)(6) Offer and make available all written materials provided to licensees and applicants in English, Korean, Spanish, and Vietnamese.
(b)CA Business & Professions Code § 7312(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.

Section § 7313

Explanation

This law outlines the inspection rights and duties concerning establishments and schools involved in barbering, cosmetology, and electrolysis. Inspectors can access these places during business hours to ensure health and safety compliance. Inspections can be random or targeted, including weekends if possible. Violations are documented and must be corrected within a specified time. Board members can also visit these places for official purposes, although these visits cannot lead to disciplinary actions. Finally, there's a protocol to assist inspectors in overcoming language barriers when communicating with establishment staff, which is reviewed every two years.

(a)Copy CA Business & Professions Code § 7313(a)
(1)Copy CA Business & Professions Code § 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)CA Business & Professions Code § 7313(a)(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.
(b)CA Business & Professions Code § 7313(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 Education.
(c)CA Business & Professions Code § 7313(c) With prior written authorization from the board or its executive officer, any member of the board may enter and visit, in their 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.
(d)CA Business & Professions Code § 7313(d) The board shall adopt a protocol for inspecting establishments when an inspector has difficulty understanding or communicating with the owner, manager, or employees of the establishment due to language barriers. The board shall evaluate the protocol every two years to ensure the protocol remains current.

Section § 7314

Explanation

This section states that the board has to keep detailed records of its official meetings and decisions about issuing and managing licenses. For each licensed individual, the board must maintain a record with personal and professional details like name and license number. They should also gather information about the language preferences of license applicants through optional questions. Changes in this section took effect on July 1, 2017.

(a)CA Business & Professions Code § 7314(a) 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.
(b)CA Business & Professions Code § 7314(b) 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. The board shall collect, through optional questions on a written application for a license and in an electronic application to renew a license issued pursuant to this chapter, the spoken and written language preference of each applicant.
(c)CA Business & Professions Code § 7314(c) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.

Section § 7314.3

Explanation

This law mandates the creation of a Health and Safety Advisory Committee to help the board handle health and safety issues that affect professionals with licenses. The committee's focus includes educating license holders on basic labor laws, such as understanding their rights whether as employees or independent contractors, and ensuring they know about the issues of physical and sexual abuse that their clients might face. The law lays out topics like wage rights, discrimination laws, and where to learn more about labor laws. Abuse topics cover serious issues such as domestic violence and human trafficking. Members of this committee are compensated for their service.

(a)CA Business & Professions Code § 7314.3(a) The board shall establish a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues before the board that impact licensees, including how to ensure licensees are aware of basic labor laws and how to ensure licensees have awareness about physical and sexual abuse their clients may be experiencing.
(b)CA Business & Professions Code § 7314.3(b) For purposes of this section, basic labor laws include, but are not limited to, all of the following:
(1)CA Business & Professions Code § 7314.3(b)(1) Key differences between the legal rights, benefits, and obligations of an employee and an independent contractor.
(2)CA Business & Professions Code § 7314.3(b)(2) Wage and hour rights of an hourly employee.
(3)CA Business & Professions Code § 7314.3(b)(3) Antidiscrimination laws relating to the use of a particular language in the workplace.
(4)CA Business & Professions Code § 7314.3(b)(4) Antiretaliation laws relating to a worker’s right to file complaints with the Department of Industrial Relations.
(5)CA Business & Professions Code § 7314.3(b)(5) How to obtain more information about state and federal labor laws.
(c)CA Business & Professions Code § 7314.3(c) For purposes of this section, physical and sexual abuse includes, but is not limited to, the following:
(1)CA Business & Professions Code § 7314.3(c)(1) Domestic violence.
(2)CA Business & Professions Code § 7314.3(c)(2) Sexual assault.
(3)CA Business & Professions Code § 7314.3(c)(3) Human trafficking.
(4)CA Business & Professions Code § 7314.3(c)(4) Elder abuse.
(d)CA Business & Professions Code § 7314.3(d) Members of the committee shall receive a per diem pursuant to Section 103.

Section § 7314.5

Explanation
This law allows the board to spread information about physical and sexual abuse through various media like TV, radio, and the Internet. The types of abuse it covers include domestic violence, sexual assault, human trafficking, and elder abuse.
(a)CA Business & Professions Code § 7314.5(a) The board may promote awareness of physical and sexual abuse by means of mail, television, radio, motion picture, newspaper, book, Internet, or other electronic communication.
(b)CA Business & Professions Code § 7314.5(b) For purposes of this section, physical and sexual abuse includes, but is not limited to, the following:
(1)CA Business & Professions Code § 7314.5(b)(1) Domestic violence.
(2)CA Business & Professions Code § 7314.5(b)(2) Sexual assault.
(3)CA Business & Professions Code § 7314.5(b)(3) Human trafficking.
(4)CA Business & Professions Code § 7314.5(b)(4) Elder abuse.

Section § 7315

Explanation
This law says that most members of a board can carry out all the board's responsibilities as long as their meeting follows proper notification rules set by the Bagley-Keene Open Meeting Act.
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.