Today's Law As Amended

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AB-2025 Barbering and cosmetology: labor law education requirements.(2015-2016)



SECTION 1.

 Section 7312 of the Business and Professions Code is amended to read:

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

SEC. 2.

 Section 7314 of the Business and Professions Code is amended to read:

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

SEC. 3.

 Section 7314.3 of the Business and Professions Code 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.

SEC. 4.

 Section 7337 of the Business and Professions Code is amended to read:

7337.
 (a) Every application for admission to examination and licensure shall be in writing, on forms prepared and furnished by the board.
(b) Each application shall be accompanied by the required fee, and shall contain proof of the qualifications of the applicant for examination and licensure. It shall be verified by the oath of the applicant and shall include a signed acknowledgment that the applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws, as specified in Section 7314.3, that the applicant is provided by the board with the application. Every applicant shall, as a condition of admittance to the examination facility, present satisfactory proof of identification. Satisfactory proof of identification shall be in the form of a valid, unexpired driver’s license or identification card, containing the photograph of the person to whom it was issued, issued by any state, federal, or other government entity.
(c) Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands his or her rights as a licensee as outlined in informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with the renewal application.
(d) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.

SEC. 5.

 Section 7347 of the Business and Professions Code is amended to read:

7347.
 (a) Any person, firm, or corporation desiring to operate an establishment shall make an application to the bureau for a license accompanied by the fee prescribed by this chapter. The application shall be required whether the person, firm, or corporation is operating a new establishment or obtaining ownership of an existing establishment. The application shall include a signed acknowledgment that the applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, the applicant is provided by the board with the application. Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with the renewal application. If the applicant is obtaining ownership of an existing establishment, the board may establish the fee in an amount less than the fee prescribed by this chapter. The applicant, if an individual, or each officer, director, and partner, if the applicant is other than an individual, shall not have committed acts or crimes which are grounds for denial of licensure in effect at the time the new application is submitted pursuant to Section 480. A license issued pursuant to this section shall authorize the operation of the establishment only at the location for which the license is issued. Operation of the establishment at any other location shall be unlawful unless a license for the new location has been obtained upon compliance with this section, applicable to the issuance of a license in the first instance.
(b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2017.

SEC. 6.

 Section 7389 of the Business and Professions Code 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.