Amended
IN
Senate
May 11, 2021 |
Introduced by Senator Roth |
February 19, 2021 |
Existing
(d)This section shall become operative on July 1, 2019.
(5)Hairstyling of all textures of hair by standard methods that are current at the time of the hairstyling.
(c)Within the practice of cosmetology there exist the specialty branches of skin care and
nail care.
(1)Skin care is any one or more of the following practices:
(A)
(B)Beautifying the face, neck, arms, or upper part of the human body, by use of cosmetic preparations, antiseptics, tonics, lotions, or creams.
(C)Massaging, cleaning, or stimulating the face, neck, arms, or upper part of the human body, by means of the hands, devices, apparatus, or appliances, with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams.
(2)Nail
(d)
(e)
(f)
“Electrolysis”
(3)It has been active for three of the last five years, during which time the applicant has not been subject to disciplinary action or a criminal conviction.
(a)The board shall adopt regulations providing for the submittal of applications for admission to examination of students of approved cosmetology, electrology, or barbering schools who have completed at least 75 percent of the required course clock hours and curriculum requirements (60 percent for students of the manicurist course), or any person licensed as an apprentice in barbering, cosmetology, skin care, or nail care who has completed at least 75 percent of the required apprenticeship training hours. The regulations shall include provisions that ensure that all proof of qualifications of the applicant is received by the board before the applicant is examined.
(b)An application for examination submitted by a student of an approved cosmetology, electrology, or barbering school under this section shall be known as a “school preapplication” and an additional preapplication fee may be required.
(c)An application for examination submitted by a person licensed as an apprentice in barbering, cosmetology, skin care, or nail care shall be known as an “apprenticeship preapplication” and an additional fee may be required.
(d)The board shall administer the licensing examination not later than 10 working days after graduation from an approved cosmetology, electrology, or barbering school to students who have submitted an application for admission for examination under the preapplication procedure, or not later than 10 working days after completion of an approved barbering, cosmetology, skin care, or nail care apprenticeship program for a person licensed as an apprentice.
The examination shall not be confined to any particular system or method. It shall be consistent in both practical and technical requirements, and of sufficient thoroughness to satisfy the board as to the applicant’s skill in, and knowledge of, the practice of the occupation or occupations for which a license is sought.
In the conduct and grading of examinations, practical demonstrations shall prevail over written tests.
The scope of examinations shall be consistent with the definition of the activities licensed under this chapter, and shall be as the board, by regulation, may require to protect the health and safety of consumers of the services provided by licensees.
The board’s examinations shall be limited to clearly job-related questions, activities, and practical services. Examinations
(a)(1)Within 90 days after issuance of the establishment license, the board or its agents or assistants shall inspect the establishment for compliance with the applicable requirements of this chapter and the applicable rules and regulations of the board adopted pursuant to this chapter.
(2)The board may inspect the establishment for which a license application has been made prior to the issuance of the license.
(b)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.
(c)The board or its authorized representatives shall inspect establishments to reasonably determine compliance levels and to identify market conditions that require targeted enforcement.
(d)The board shall not reduce the number of employees assigned to perform random inspections, targeted inspections, and investigations relating to field operations below the level funded by the annual Budget Act and described in supporting budget documents, and shall not redirect funds or personnel-years allocated to those inspection and investigation purposes to other purposes.
(4)Copies of applicable county and city licenses or permits to provide the mobile barbering, cosmetology, or electrolysis services in each county and city of operation and the locations therein where the services will be offered.
(5)Proof of compliance with applicable city, county, and state plumbing, electrical, and fire laws.
(6)
(7)
(e)Copies of applicable city and county licenses or permits to provide the mobile services in each county and city of operation issued in the new owner’s name.
(f)Proof of compliance with applicable city, county, and state plumbing, electrical, and fire laws.
(g)
(3)A self-contained, recirculating, flush chemical toilet with holding tank.
(4)A covered galvanized, stainless steel, or other noncorrosive metal container for purposes of depositing hair clippings, refuse, and other waste materials.
(5)A split-lead generator with a remote starter, muffler, and a vent to the outside.
(6)A sealed combustible heater with an outside vent.
(b)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.
(c)
(b)A course in cosmetology established by a school shall consist of not less than 1,600 hours of practical training and technical instruction in the practice of cosmetology as defined in Section 7316, except as provided in this chapter.
(1)He or she has a booth renter operating in the
establishment.
(2)He or she has an independent contractor operating in the establishment.
Any person, firm, association or corporation violating this chapter, for which violation there is no specific penalty otherwise provided, is guilty of a misdemeanor and subject to a fine not to exceed two thousand five hundred dollars ($2,500) or imprisonment in the county jail not to exceed six months, or both a fine and imprisonment.