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AB-492 Cosmetology students: externships.(2021-2022)

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Date Published: 02/08/2021 09:00 PM
AB492:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 492


Introduced by Assembly Member Patterson
(Coauthor: Assembly Member Gallagher)

February 08, 2021


An act to amend Section 7395.1 of the Business and Professions Code, relating to professions and vocations.


LEGISLATIVE COUNSEL'S DIGEST


AB 492, as introduced, Patterson. Cosmetology students: externships.
Existing law, the Barbering and Cosmetology Act, provides for the licensure, regulation, and discipline of cosmetologists by the State Board of Barbering and Cosmetology. Existing law authorizes a cosmetology student enrolled in an approved course, as provided, to work as an unpaid extern in an establishment participating in the educational program of the school upon completion of at least 60% of the clock hours required for graduation in the course.
This bill would delete the requirement that the cosmetology externship be unpaid and would permit a student to work as an extern upon completion of at least 25% of the clock hours required for graduation in the course.
Existing law requires an extern to receive clock hour credit toward graduation and prohibits that credit from exceeding 8 hours per week and 10% of the total clock hours required for completion of the course.
This bill would instead prohibit the extern’s clock hour credit for graduation from exceeding 25 hours per week and 25% of the total clock hours required for completion of the course.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 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 25 percent of the clock hours required for graduation in the course, work as an unpaid extern in 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 25 hours per week and shall not exceed 10 25 percent of the total clock hours required for completion of the course.
(c) The externship program shall be conducted in 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 A regularly employed licensee shall not be displaced or have his or her the licensee’s 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 the licensee’s 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 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.