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AB-2134 Cosmetology students: externships.(2017-2018)

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Date Published: 04/26/2018 09:00 PM
AB2134:v97#DOCUMENT

Amended  IN  Assembly  April 26, 2018
Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2134


Introduced by Assembly Member Rubio

February 12, 2018


An act to amend Sections 7349 and 7395.1 of, and to add Section 7395.2 to, the Business and Professions Code, relating to barbering and cosmetology.


LEGISLATIVE COUNSEL'S DIGEST


AB 2134, as amended, Rubio. Cosmetology students: externships.
Existing law, the Barbering and Cosmetology Act, authorizes a student who is enrolled in a school of cosmetology approved by the Bureau for Private Postsecondary Education in a course approved by the State Board of Barbering and Cosmetology to work as an unpaid extern in a cosmetology establishment participating in the educational program of the school, subject to certain requirements and conditions. Existing law makes a violation of the act a misdemeanor.
This bill would also authorize a student who is enrolled in a public school in this state that provides a course of instruction in cosmetology approved by the board to work as an extern in a cosmetology an establishment pursuant to those provisions. The bill would also provide a similar authorization for a student enrolled in an approved course of instruction in a school of barbering approved by the board to work as an extern in a barbering an establishment participating in the educational program of the school.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 7349 of the Business and Professions Code is amended to read:

7349.
 It is unlawful for any person, firm, or corporation to hire, employ, or allow to be employed, or permit to work, in or about an establishment, any person who performs or practices any occupation regulated under this chapter and is not duly licensed by the bureau, board, except that a licensed cosmetology establishment may utilize a student extern, as described in Section 7395.1, and a licensed barbering establishment may utilize a student extern, as described in Section 7395.1 or 7395.2.
Any person violating this section is subject to citation and fine pursuant to Section 7406 and is also guilty of a misdemeanor.

SEC. 2.

 Section 7395.1 of the Business and Professions Code is amended to read:

7395.1.
 (a) A student who is enrolled in an approved course of instruction in a school of cosmetology approved by the board pursuant to subdivision (a) of Section 7362 may, upon completion of a minimum of 60 percent of the clock hours required for graduation in the course, work as an unpaid extern in a cosmetology an establishment participating in the educational program of the school.
(b) A person working as an extern shall receive clock hour credit toward graduation, but that credit shall not exceed eight hours per week and shall not exceed 10 percent of the total clock hours required for completion of the course.
(c) The externship program shall be conducted in cosmetology establishments an establishment meeting all of the following criteria:
(1) The establishment is licensed by the board.
(2) The establishment has a minimum of four licensees working at the establishment, including employees and owners or managers.
(3) All licensees at the establishment are in good standing with the board.
(4) Licensees working at the establishment work for salaries or commissions rather than on a space rental basis.
(5) No more than one extern shall work in an establishment for every four licensees working in the establishment. No regularly employed licensee shall be displaced or have his or her work hours reduced or altered to accommodate the placement of an extern in an establishment. Prior to placement of the extern, the establishment shall agree, in writing sent to the school and to all affected licensees, that no reduction or alteration of any licensee’s current work schedule shall occur. This shall not prevent a licensee from voluntarily reducing or altering his or her work schedule.
(6) Externs shall wear conspicuous school identification at all times while working in the establishment, and shall carry a school laminated identification, that includes a picture, in a form approved by the board.
(d) (1) No less than 90 percent of the responsibilities and duties of the extern shall consist of the acts included within the practice of cosmetology as defined in Section 7316.
(2) The establishment shall consult with the assigning school regarding the extern’s progress during the unpaid externship. The owner or manager of the establishment shall monitor and report on the student’s progress to the school on a regular basis, with assistance from supervising licensees.
(3) A participating school shall assess the extern’s learning outcome from the externship program. The school shall maintain accurate records of the extern’s educational experience in the externship program and records that indicate how the extern’s learning outcome translates into course credit.
(e) Participation in an externship program made available by a school shall be voluntary, may be terminated by the student at any time, and shall not be a prerequisite for graduation.
(f) The cosmetology establishment that chooses to utilize the extern is liable for the extern’s general liability insurance, as well as cosmetology malpractice liability insurance, and shall furnish proof to the participating school that the establishment is covered by both forms of liability insurance and that the extern is covered under that insurance.
(g) (1) It is the purpose of the externship program authorized by this section to provide students with skills, knowledge, and attitudes necessary to acquire employment in the field for which they are being trained, and to extend formalized classroom instruction.
(2) Instruction shall be based on skills, knowledge, attitudes, and performance levels in the area of cosmetology for which the instruction is conducted.
(3) An extern may perform only acts listed within the definition of the practice of cosmetology as provided in Section 7316, if a licensee directly supervises those acts, except that an extern may not use or apply chemical treatments unless the extern has received appropriate training in application of those treatments from an approved cosmetology school. An extern may work on a paying client only in an assisting capacity and only with the direct and immediate supervision of a licensee.
(4) The extern shall not perform any work in a manner that would violate the law.

SEC. 3.

 Section 7395.2 is added to the Business and Professions Code, to read:

7395.2.
 (a) A student who is enrolled in an approved course of instruction in a school of barbering approved by the board pursuant to subdivision (a) of Section 7362 may, upon completion of a minimum of 60 percent of the clock hours required for graduation in the course, work as an unpaid extern in a barbering an establishment participating in the educational program of the school.
(b) A person working as an extern shall receive clock hour credit toward graduation, but that credit shall not exceed eight hours per week and shall not exceed 10 percent of the total clock hours required for completion of the course.
(c) The externship program shall be conducted in a barbering an establishment meeting all of the following criteria:
(1) The establishment is licensed by the board.
(2) The establishment has a minimum of four licensees working at the establishment, including employees and owners or managers.
(3) All licensees at the establishment are in good standing with the board.
(4) Licensees working at the establishment work for salaries or commissions rather than on a space rental basis.
(5) No more than one extern shall work in an establishment for every four licensees working in the establishment. No regularly employed licensee shall be displaced or have his or her work hours reduced or altered to accommodate the placement of an extern in an establishment. Prior to placement of the extern, the establishment shall agree, in writing sent to the school and to all affected licensees, that no reduction or alteration of any licensee’s current work schedule shall occur. This shall not prevent a licensee from voluntarily reducing or altering his or her work schedule.
(6) Externs shall wear conspicuous school identification at all times while working in the establishment, and shall carry a school laminated identification, that includes a picture, in a form approved by the board.
(d) (1) No less than 90 percent of the responsibilities and duties of the extern shall consist of the acts included within the practice of barbering as defined in Section 7316.
(2) The establishment shall consult with the assigning school regarding the extern’s progress during the unpaid externship. The owner or manager of the establishment shall monitor and report on the student’s progress to the school on a regular basis, with assistance from supervising licensees.
(3) A participating school shall assess the extern’s learning outcome from the externship program. The school shall maintain accurate records of the extern’s educational experience in the externship program and records that indicate how the extern’s learning outcome translates into course credit.
(e) Participation in an externship program made available by a school shall be voluntary, may be terminated by the student at any time, and shall not be a prerequisite for graduation.
(f) The barbering establishment that chooses to utilize the extern is liable for the extern’s general liability insurance, as well as barbering malpractice liability insurance, and shall furnish proof to the participating school that the establishment is covered by both forms of liability insurance and that the extern is covered under that insurance.
(g) (1) It is the purpose of the externship program authorized by this section to provide students with skills, knowledge, and attitudes necessary to acquire employment in the field for which they are being trained, and to extend formalized classroom instruction.
(2) Instruction shall be based on skills, knowledge, attitudes, and performance levels in the area of barbering for which the instruction is conducted.
(3) An extern may perform only acts listed within the definition of the practice of barbering as provided in Section 7316, if a licensee directly supervises those acts, except that an extern may not use or apply chemical treatments unless the extern has received appropriate training in application of those treatments from an approved barbering school. An extern may work on a paying client only in an assisting capacity and only with the direct and immediate supervision of a licensee.
(4) The extern shall not perform any work in a manner that would violate the law.