Bill Text: NJ A3044 | 2018-2019 | Regular Session | Amended


Bill Title: "Pet Groomers Licensing Act;" designated as "Bijou's Law."

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2018-12-03 - Received in the Senate, Referred to Senate Commerce Committee [A3044 Detail]

Download: New_Jersey-2018-A3044-Amended.html

[First Reprint]

ASSEMBLY, No. 3044

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED FEBRUARY 8, 2018

 


 

Sponsored by:

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblywoman  ANGELICA M. JIMENEZ

District 32 (Bergen and Hudson)

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

 

Co-Sponsored by:

Assemblyman Mejia

 

 

 

 

SYNOPSIS

     "Pet Groomers Licensing Act;" designated as "Bijou's Law."

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Regulated Professions Committee on October 15, 2018, with amendments.

  


An Act providing for the licensing of pet groomers and the registration of certain businesses, designated as "Bijou's Law," and supplementing chapter 16 of Title 45 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    This act shall be known and may be cited as the "Pet Groomers Licensing Act."

 

     2.    As used in this act:

     "Board" means the 1New Jersey1 State Board of 1[Veterinary Medical Examiners] Pet Groomers1.

     "Pet" means any animal placed in the care of a pet groomer for grooming or styling.

     "Pet groomer" means an individual licensed as a pet groomer, who engages in pet grooming.

     "Pet grooming" 1[means] includes but is not limited to1 the act of bathing, brushing, clipping, or styling a pet.

     "Registered student" means a person who is engaged in learning and acquiring a knowledge of the practice of pet grooming, under the direction and supervision of a person duly authorized under this act to teach pet grooming and who is enrolled in a program of instruction at a licensed school of pet grooming, completion of which may render him eligible for licensure pursuant to this act.

     "School" means an establishment or place licensed by the board to be maintained for the purpose of teaching pet grooming to registered students.

 

     13.   There is created within the Division of Consumer Affairs in the Department of Law and Public Safety the New Jersey State Board of Pet Groomers.  The board shall consist of nine members who are residents of the State.  Three shall be public members, two of whom shall be appointed pursuant to subsection b. of section 2 of P.L.1971, c.60 (C.45:1-2.2), and one additional public member.  One member shall be an Executive Branch member appointed pursuant to subsection c. of section 2 of P.L.1971, c.60 (C.45:1-2.2).  Of the remaining five members, three shall be pet groomers who, except for those first appointed, shall be licensed pursuant this act; and two shall be licensed veterinarians.  Members of the board shall be appointed by the Governor and, except for the Executive Branch member, shall serve for terms of three years, with no member serving for more than two consecutive terms.  The board may take action only by an affirmative vote of no less than five members.  Members shall serve without compensation but shall receive actual and necessary expenses.1

 

     1[3.] 4.1     The board shall:

     a.    Review the qualifications of applicants for licensure under this act;

     b.    Ensure the proper conduct and standards of examination;

     c.    Issue and renew licenses to pet groomers and schools pursuant to the provisions of this act;

     d.    Suspend, revoke, or fail to renew the license of a pet groomer pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.);

     e.    Prescribe or change the charges for examinations 1[, licensures, renewals]1 and other services performed pursuant to P.L.1974, c.46 (C.45:1-3.1 et seq.);

     f.     Adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.); and

     g.    Maintain a record of every pet groomer licensed in this State, and the date and number of his license, and publish a list of the names and addresses of all licensees annually.

 

     1[4.] 5.1     No person shall practice, attempt to practice, or hold himself out as being able to practice pet grooming unless that person is licensed in accordance with the provisions of this act.

 

     1[5.] 6.1     To be eligible to be licensed as a pet groomer, an applicant shall fulfill the following requirements:

     a.    Be at least 18 years of age;

     b.    Be of good moral character; and

     c.    Pass an examination prepared by or approved by the board to determine the applicant's competence to practice pet grooming.

 

     1[6.] 7.1     a.  The examination required by subsection c. of section 1[5] 61 of this act shall include both a practical demonstration and a written test, and shall be consistent in both practical and technical requirements.

     b.    The examination required by subsection c. of section 1[5] 61 of this act shall be held within the State at least four times a year at a time and place to be determined by the board.  The board may contract or otherwise arrange for reasonably required physical accommodations and facilities to conduct examinations.

     c.    The board may, by regulation, establish standards and procedures to provide that the written test be offered via the Internet and the practical demonstration portion of the examination be offered throughout the year to an applicant under the aegis of a licensed pet groomer.

     1[7.] 8.1     No person, firm, corporation, partnership or other legal entity shall operate, maintain or use premises at which courses of instruction in pet grooming are offered to registered students without first having secured a school license from the board.  All educational programs and courses offered at school premises shall be conducted by persons holding pet groomer licenses.

 

     1[8.] 9.1     a.  All pet groomer and school licenses shall be issued for a two-year period and shall be renewed upon filing of a renewal application.

     b.    All applicants shall pay a fee 1of $751 for licensure or 1$50 for1 renewal of licensure under this act.  1[Fees shall be determined by the board and established by regulation.  The revenue generated from these fees shall not exceed the operating costs incurred by the board in administering this act.]

     c.    The board shall promulgate rules and regulations for implementing continuing education requirements as a condition of license renewal for pet groomer licenses issued pursuant to this act.

     d.    The board shall establish standards for continuing education, including the subject matter and content of courses of study, and the number and type of continuing education credits required of a licensee as a condition of biennial license renewal.1

 

     1[9.] 10.1   The provisions of this act shall not apply to:

     a.    A registered student in a school licensed by the board if the student is performing grooming services under appropriate supervision at the school in which they are enrolled; 1[or]1

     b.    An individual engaged in performing grooming services while not enrolled in a school if the individual 1is at least 16 years of age and1 performs those services under the direct supervision of a licensed pet groomer and while training in preparation of the pet groomer's licensing examination 1; or

     c.    An individual who grooms a dog or cat in the course of preparing it for a dog show, cat show, or other competitive event1.

 

     1[10.] 11.1  a.  No business shall engage in or advertise or hold itself out as offering pet grooming services unless the business is 1currently1 registered with the board 1and meets all the requirements of this act1.

     b.    A written application for registration shall be made to the board on the form prescribed by the board and shall contain the following information:

     (1)  The name and residence of the owner or operator of the entity providing pet grooming services;

     (2)  The municipality and location of the owner or operator's primary place of business and the locations of all other branches of business;

     (3)  Proof of general liability insurance or 1[a] an unconditional irrevocable1 letter of credit of a type and amount required by the board by regulation; and

     (4)  Any other biographical information of the applicant as required by the board.

     c.    Each applicant for registration and each registrant pursuant to the provisions of this section shall pay to the board a fee for the issuance of a two-year registration in the amount established by the board in accordance with the provisions of P.L.1974, c.46 (C.45:1-3.1 et seq.).

 

     1[11.] 12.No business shall engage in or offer pet grooming services unless the business, as determined by the board by regulation, complies with the following:

     a.    Pets not in the grooming process shall be caged separately in a structurally sound and clean cage large enough to allow each pet to make normal postural adjustments, including sitting, standing, and turning around;

     b.    Sufficient lighting shall be provided to facilitate the cleaning of pets and facilities;

     c.    The premises of the pet grooming facility shall be maintained in a sanitary condition;

     d.    An adequate water supply shall be available for drinking; and

     e.    Drying cages 1that use a heat element1 shall not be utilized 1unless the owner of the pet grants written prior consent to the use of drying cages for the pet and the business has notified the owner of the danger and risk associated with the use of drying cages prior to the owner granting written consent to the business.

     Notwithstanding the provisions of subsection a. of this section, two pets not in the grooming process, who are owned by the same owner, may be caged in a structurally sound and clean cage large enough to allow each pet to make normal postural adjustments, including sitting, standing, and turning around1.

 

     1[12.] 13.Every pet grooming business shall maintain a pet incident 1[file] report1 to be submitted 1[annually]1 to the board 1no later than 10 days after the date of the incident1, in a form as may be prescribed by the board 1[, which shall contain the following information:

     a.    Pet injuries sustained while at the facility that required veterinary contact;

     b.    Severe pet illnesses;

     c.    Veterinary treatment plans relevant to pet grooming procedures and processes;

     d.    Pet deaths; and

     e.    Pet escapes] .

     For the purposes of this section, "incident" means any event in which the skin of any pet or person is broken, a pet sustains an injury of any kind during the course of a grooming session, or a pet has an allergic reaction during the course of a grooming session1.

 

     1[13.] 14.1  The board may suspend 1[or] ,1 revoke 1, or fail to renew1 the registration of any business offering pet grooming upon proof showing by a preponderance of the evidence that the business:

     a.    1[Has made] Made1 false or misleading statements of a material nature in the application 1or renewal1 for registration;

     b.    Failed to demonstrate that each employee of the employer who is engaged in the performance of pet grooming is in possession of a license to practice pet grooming;

     c.    Failed to demonstrate proof of having general liability insurance or 1[a] an unconditional irrevocable1 letter of credit of a type and amount required by the board; or

     d.    Failed to comply with the provisions of section 1[11 or]1 12 1or 131 of this act.

 

     1[14.] 15.a.  Every holder of a license or registration issued by the board shall display it to the public 1in a conspicuous place1 at the location for which it was issued.

     b.    Renewal of licenses and registrations shall be attached to the original license or registration in the lower left-hand corner.

     1c.   Any license or registration that is suspended, revoked, or not renewed shall be removed from the premises of the location for which it was issued.1

 

     1[15.] 16.1  a. The board shall establish and undertake a public information campaign to educate and inform the consumers of this State of the provisions of this act.  The public information campaign shall include, but not be limited to, the preparation, printing, and distribution of booklets, pamphlets or other written pertinent information.

     b.    The board shall provide a toll-free telephone number for consumers making inquiries or complaints regarding pet groomers or pet grooming businesses.

 

     1[16. This] 17.  Sections 3 and 4 of this1 act shall take effect 1immediately.  The remaining sections of this act shall take effect1   on the 360th day next following enactment, but the 1New Jersey1 State Board of 1[Veterinary Medical Examiners] Pet Groomers1 may take 1[such] any1 anticipatory 1[acts] action1 in advance of that date as may be necessary for the timely implementation of this act.

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