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AB-326 State Board of Barbering and Cosmetology: physical and sexual abuse awareness training.(2017-2018)

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Date Published: 06/22/2017 09:00 PM
AB326:v96#DOCUMENT

Amended  IN  Senate  June 22, 2017
Amended  IN  Assembly  April 06, 2017
Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 326


Introduced by Assembly Member Salas
(Principal coauthors: Assembly Members Chiu, Cunningham, Quirk, Cooper, and Friedman)

February 07, 2017


An act to amend Section 7362 of, to amend, repeal, and add Sections 7314.3 and 7389 of, and to add Sections 7314.5 and 7319.7 to, the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


AB 326, as amended, Salas. State Board of Barbering and Cosmetology: physical and sexual abuse awareness training.
Existing law, the Barbering and Cosmetology Act, establishes the State Board of Barbering and Cosmetology for the licensure and regulation of barbers, cosmetologists, estheticians, manicurists, electrologists, and apprentices. Existing law requires the board to carry out a list of duties, including making rules and regulations, conducting and administering license examinations, issuing licenses to qualified applicants, and disciplining persons who violate the act. Existing law requires the board to admit to a licensing examination an applicant who meets certain qualifications, including having completed one or more approved courses, as specified. Existing law requires the board to determine by regulation the required subjects of instruction to be completed in all approved courses.
Existing law requires the board to develop or adopt a health and safety course on hazardous substances which is required to be taught in schools approved by the board. Existing law, commencing July 1, 2017, requires the health and safety course to additionally cover basic labor laws.
This bill, commencing July 1, 2019, would require the health and safety course to additionally cover physical and sexual abuse awareness.
This bill would require the board to require an applicant to take a one-hour training on physical and sexual abuse awareness, as specified, as part of an approved course. The bill would require the board to prescribe by regulation the requirements of the training. The bill would authorize the board to promote physical and sexual abuse awareness, as specified, by means of mail, television, radio, motion picture, newspaper, book, Internet, or other electronic communication.
Existing law requires the board to establish a Health and Safety Advisory Committee to provide the board with advice and recommendations on health and safety issues before the board. Existing law, commencing July 1, 2017, requires the committee’s advice and recommendation to be on health and safety issues before the board that impact licensees, including how to ensure licensees are aware of basic labor laws, as specified.
This bill, commencing July 1, 2019, would require the committee’s advice and recommendation to additionally include how to ensure licensees have awareness about physical and sexual abuse, as specified, their clients may be experiencing.
Existing law imposes criminal and civil liability on certain professionals, including child care providers, clergy, educators, law enforcement, and medical professionals, for the failure to report child abuse. Existing law requires any person who reasonably believes that he or she has observed the commission of specified violent crimes against a victim under 14 years of age to notify a peace officer, as defined.
This bill would specify that licensed barbers, cosmetologists, estheticians, manicurists, electrologists, and applicants for licensure, and their employers, are not required to act on information obtained during the course of employment concerning potential physical and sexual abuse unless otherwise required by law.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 7314.3 of the Business and Professions Code, as amended by Section 3 of Chapter 409 of the Statutes of 2016, is amended to read:

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. Basic labor laws include, but are not limited to, all of the following:
(1) Key differences between the legal rights, benefits, and obligations of an employee and an independent contractor.
(2) Wage and hour rights for hourly employees.
(3) Antidiscrimination laws relating to the use of a particular language in the workplace.
(4) Antiretaliation laws relating to a worker’s right to file complaints with the Department of Industrial Relations.
(5) How to obtain more information about state and federal labor laws.

(b)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.

(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.

SEC. 2.

 Section 7314.3 is added to the Business and Professions Code, to read:

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) For purposes of this section, basic labor laws include, but are not limited to, all of the following:
(1) Key differences between the legal rights, benefits, and obligations of an employee and an independent contractor.
(2) Wage and hour rights for hourly employees.
(3) Antidiscrimination laws relating to the use of a particular language in the workplace.
(4) Antiretaliation laws relating to a worker’s right to file complaints with the Department of Industrial Relations.
(5) How to obtain more information about state and federal labor laws.
(c) For purposes of this section, physical and sexual abuse includes, but is not limited to, the following:
(1) Domestic violence.
(2) Sexual assault.
(3) Human trafficking.
(4) Elder abuse.
(d) This section shall become operative on July 1, 2019.

SECTION 1.SEC. 3.

 Section 7314.5 is added to the Business and Professions Code, to read:

7314.5.
 The board may promote awareness of physical and sexual abuse, as described in Section 7362, by means of mail, television, radio, motion picture, newspaper, book, Internet, or other electronic communication.

SEC. 2.SEC. 4.

 Section 7319.7 is added to the Business and Professions Code, to read:

7319.7.
 A licensee or an applicant for licensure who completes the physical and sexual abuse awareness training required by paragraph (2) of subdivision (b) of Section 7362, and his or her employer, shall not be required to act on information obtained during the course of employment concerning potential physical and sexual abuse unless otherwise required by law.

SEC. 3.Section 7362 of the Business and Professions Code is amended to read:
7362.

(a)A school approved by the board is one that is first approved by the board and subsequently approved by the Bureau for Private Postsecondary Education or is a public school in this state, and provides a course of instruction approved by the board. However, notwithstanding any other law, both the board and the Bureau for Private Postsecondary Education may simultaneously process a school’s application for approval.

(b)(1)The board shall determine by regulation the required subjects of instruction to be completed in all approved courses, including the minimum hours of technical instruction and minimum number of practical operations for each subject, and shall determine how much training is required before a student may begin performing services on paying patrons.

(2)The board shall require an applicant to take a one-hour training on physical and sexual abuse awareness as part of an approved course and shall prescribe by regulation the requirements of the training. Physical and sexual abuse includes, but is not limited to, the following:

(A)Domestic violence.

(B)Sexual assault.

(C)Human trafficking.

(D)Elder abuse.

(c)Notwithstanding any other law, the board may revoke, suspend, or deny approval of a school, in a proceeding that shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, when an owner or employee of the school has engaged in any of the acts specified in paragraphs (1) to (8), inclusive.

(1)Unprofessional conduct which includes, but is not limited to, any of the following:

(A)Incompetence or gross negligence, including repeated failure to comply with generally accepted standards for the practice of barbering, cosmetology, or electrology, or disregard for the health and safety of patrons.

(B)Repeated similar negligent acts.

(C)Conviction of any crime substantially related to the qualifications, functions, or duties of the owner of an approved school, in which case, the records of conviction or a certified copy thereof shall be conclusive evidence of the conviction.

(2)Repeated failure to comply with the rules governing health and safety adopted by the board and approved by the State Department of Public Health, for the regulation of board-approved schools.

(3)Repeated failure to comply with the rules adopted by the board for the regulation of board-approved schools.

(4)Continued practice by a person knowingly having an infectious or contagious disease.

(5)Habitual drunkenness, or habitual use of, or addiction to the use of, any controlled substance.

(6)Obtaining or attempting to obtain practice in any occupation licensed and regulated under this chapter, or money, or compensation in any form, by fraudulent misrepresentation.

(7)Refusal to permit or interference with an inspection authorized under this chapter.

(8)Any action or conduct that would have warranted the denial of a school approval.

SEC. 5.

 Section 7389 of the Business and Professions Code, as amended by Section 6 of Chapter 409 of the Statutes of 2016, is amended to read:

7389.
 (a) The board shall develop or adopt a health and safety course on hazardous substances and basic labor laws, as specified in Section 7314.3, which shall be taught in schools approved by the board. Course development shall include pilot testing of the course and training classes to prepare instructors to effectively use the course.

(b)The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.

(b) This section shall become inoperative on July 1, 2019, and, as of January 1, 2020, is repealed.

SEC. 6.

 Section 7389 is added to the Business and Professions Code, to read:

7389.
 (a) The board shall develop or adopt a health and safety course on hazardous substances, basic labor laws, as specified in Section 7314.3, and physical and sexual assault awareness, as specified in Section 7314.3, which shall be taught in schools approved by the board. Course development shall include pilot testing of the course and training classes to prepare instructors to effectively use the course.
(b) This section shall become operative on July 1, 2019.