Breen, V.

English

University of San Diego

REGULATORY AGENCY ACTIONfound, a certificate of compliance mustnot be issued."RECENT MEETINGS:At the August 9 Advisory Boardmeeting, David Rutherford of the SouthCoast Air Quality Management Districtgave a report on reformulated gasolinessuch as EC One, EC Premium, and ECX;reformulated gasoline was recognizedin the Clean Air Act as a form of alter-nate fuel. Rutherford discussed the re-formulating process, its effects on airpollution, and its cost to consumers.Also at the August 9 meeting, JackThomas and Carl Hughett were selectedas Chair and Vice-Chair, respectively,of BAR's Advisory Board for 1992.FUTURE MEETINGS:To be announced.BOARD OF BARBEREXAMINERSExecutive Officer: Lorna P Hill(916) 445-7008In 1927, the California legislaturecreated the Board of Barber Examiners(BBE) to control the spread of diseasein hair salons for men. The Board, whichconsists of three public and two indus-try representatives, regulates and li-censes barber schools, instructors, bar-bers, and shops. It sets training require-ments and examines applicants, inspectsbarber shops, and disciplines violatorswith licensing sanctions. The Board li-censes approximately 22,000 barbers,5,000 shops, and 20 schools.BBE's enabling act is currently foundat Business and Professions Code sec-tion 6500 et seq.; the Board's regula-tions are located in Division 3, Title 16of the California Code of Regulations(CCR).On July 1, 1992, BBE and the Boardof Cosmetology (BOC) will merge, pur-suant to AB 3008 (Eastin) (Chapter1672, Statutes of 1990). The Businessand Professions Code sections whichestablish BBE and BOC will be repealedand replaced with an enabling act creat-ing the Board of Barbering and Cosme-tology (BBC), which will provide forthe licensure and regulation of personsengaged in the practice of performingspecified acts relating to barbering, cos-metology, and electrolysis.MAJOR PROJECTS:BBE/BOC Continue Joint Hearingson Draft BBC Regulations. On June 17in El Segundo, BBE and BOC held itssecond joint public hearing to receiveand discuss comments on proposed draftregulations which have been formulatedby Department of Consumer Affairs(DCA) consultant Kirk Marston forBBC. (See CRLR Vol. 11, No. 3 (Sum-mer 1991) p. 62 and Vol. 11, No. 2(Spring 1991) p. 59 for background in-formation.) The proposed regulationsand issues relating to them were dis-cussed extensively during the hearing.Although no formal decisions will bereached until the merged Board comesinto being in July 1992, the followingregulatory proposals did receive con-siderable attention at the June hearing:-Proposed section 75, regarding leas-ing and rental agreements, would pro-hibit the carrying out of any agreementwhich divides, limits, or restricts theauthority or duties of the licensee su-pervising and managing the establish-ment; this regulation would appear toprohibit the practice of booth rental.Under a booth rental arrangement, alicensee is not an employee of the es-tablishment owner or manager, but sim-ply rents space from him/her. Becausethere is no employer-employee relation-ship, the owner/manager does not with-hold income tax, social security, or otherdeductions from the licensee's pay-check; the licensee's customers pay him/her personally and the licensee inde-pendently reports his/her income to taxauthorities.At the June hearing, much of thediscussion centered on methods of al-lowing the practice of booth rental whileenabling the establishment owner/man-ager to maintain health and safety con-trol, such the possibility of issuing twoclasses of licenses-an establishmentlicense and a booth renter's license. Al-though booth rental has been criticizedas creating an "underground economy"within the cosmetology profession,BOC representatives and audiencemembers emphasized that prohibitingbooth rental may drive practitionersfrom a salon setting into the home, re-sulting in more unlicensed activity. Thetwo boards decided to defer this con-troversial issue to BBC.-Proposed section 97 sets forth therequirements which must be met for abarber college seeking to teach the 400-hour course prescribed in Business andProfessions Code section 7321.5; pro-posed section 105 sets forth the cur-riculum for students enrolled in a 400-hour cosmetology crossover course forbarbers. Members of the Board and pub-lic reiterated comments made at the Mayhearing regarding the possibility of in-creasing the number of curriculum hoursfor the cosmetology crossover courseto 600.-Proposed section 108 specifies thata student enrolled in a school specifiedin the Barbering and Cosmetology Actshall not be permitted to work upon apatron paying for services until he/shehas completed the freshman period of150 hours of training and instruction.At the hearing, discussion centered onraising the 150-hour freshman period to250 or 300 hours.Another joint public hearing to re-ceive additional comments was sched-uled for March 15, 1992, in Fresno.BBE Holds Merger Task Force Fo-rum. On September 22 in San Diego,BBE held an open agenda meeting toprepare for and facilitate its upcomingmerger with BOC. The most heatedmerger issue addressed by the Boardand barbers present at the meeting waswhether the quality of barber shop in-spections will be maintained after themerger. BBE requires its inspectors tobe licensed as barbers for five yearsbefore they are eligible to become in-spectors. Warren Norman, instructor atthe Associated Barber College, statedhis concern that cosmetology inspec-tors are not as stringent as barber in-spectors and that the quality of inspec-tions will decrease after the merger.Also at the meeting, the Board dis-cussed a proposed change in the barberexamination process. BBE memberRobert Boulding suggested that af-ter students have completed theircoursework, they could work in a shopfor about 60 days and then return tothe school to take the barber examina-tion, thus eliminating the state boardexamination. Several barbers stated thatalthough this may lead to collusionbetween the school instructors and thestudents, the public ultimately decideswhether a person is qualified as abarber.BBE again discussed the necessityof the shave requirement on its licens-ing exam. (See CRLR Vol. 11, No. 2(Spring 1991) p. 59; Vol. 10, Nos. 2 & 3(Spring/Summer 1990) pp. 73-74; andVol. 9, No. 4 (Fall 1989) p. 46 for back-ground information.) A barber studentpresent at the meeting claimed that hehas not taken the license examinationbecause he cannot find a person willingto be his shave subject. The studentsuggested that this part of the examina-tion be worth less than the 7 points it isnow worth of the minimum 75 pointsneeded to pass the exam. Many meetingparticipants agreed that too many pointsare allocated to the shave portion of theexam, but maintained the importance ofthe shave requirement.The Board also discussed section 75of the BBC's proposed regulations,The California Regulatory Law Reporter Vol. 11, No. 4 (Fall 1991) 6NREGULATORY AGENCY ACTIONconcerning booth rental. At present, bar-bers are prohibited from renting boothswithin their shops, but cosmetologistsare not. James Adams, president of theNational Association of Barber Boardsof America, suggested that the only rea-sons for booth renting are to avoid pay-ing taxes and poor business skills. BOCExecutive Officer Denise Ostton dis-agreed, stating that a prohibition onbooth rental would be a restraint of trade.She also noted that the issue will remainunresolved until the new board makes adetermination. Finally, Ostton remindedBBE that the merger is administrativeonly; barbers and cosmetologists willstill require separate individual licensesand little, if any, impact on the profes-sions themselves is expected. At theend of the meeting, Karen McGagin,Special Assistant to the Director of theDepartment of Consumer Affairs(DCA), stated that, because BBC willbe the first merged board in California,DCA will help facilitate the merger andwill be considerate of both industries.BBE Moves. On May 28, the BBEmoved its Sacramento office to 400 RStreet, along with the Department ofConsumer Affairs. BBE's rent for thenew location will be $49,212 annually,an increase over its previous rent of$21,719. However, Board staff notedthat the new space is considerably largerthan the old location, and that the renton the old location would have increasedto $30,000 per year.LEGISLATION:The following is a status update onbills reported in detail in CRLR Vol. 11,No. 3 (Summer 1991) at page 63:SB 985 (Deddeh), as amended Au-gust 28, requires BBC, after July 1,1992, to adopt regulations providing forthe submittal of "pre-applications" foradmission to the examination from stu-dents of approved cosmetology,electrology, or barbering schools whohave completed at least 75% of the re-quired course clock hours and curricu-lum requirements (60% for students ofthe manicurist course). This bill wassigned by the Governor on October 13(Chapter 1015, Statutes of 1991).AB 1161 (Eastin), as amended Au-gust 29, deletes an existing provisionwhich requires that the BBC memberwho finishes second in the vote forBoard president shall become vice presi-dent. This bill also specifies that both arejection and a recommendation for dis-missal of BBC's executive officer bythe DCA Director must be for goodcause and specifically stated to the Boardin writing. This bill also requires BBCto inspect every establishment whereany licensed barbering or cosmetologyactivity is practiced for compliance withapplicable laws relating to the publichealth and safety at least once per year,rather than twice per year. This bill wassigned by the Governor on October 14(Chapter 1172, Statutes of 1991).RECENT MEETINGS:At its June 3 meeting in San Diego,the Board discussed water conservationand its impact on the sanitary require-ments of barber colleges and shops, andagreed that it is acceptable for studentsand barbers to use alternative cleansingagents, such as towelettes, every othertime instead of washing hands with soapand water before serving each patron.BBE also voted to require licensees toupdate license photographs which donot reflect the present appearance of thelicensee, and to require any new photo-graphs to be from the shoulders up.Also on June 3, David Camp waselected President of BBE and EltonPamplin was elected Vice President forthe 1991-92 year.At its July 29 meeting in Sacramento,BBE announced its Year End StatisticalReport for fiscal year 1990-91. The re-port noted that BBE conducted 9,216inspections, scheduled 897 examina-tions, and conducted 690 exams; 81%of barber examinees passed the licens-ing exam; 47% of instructors passed thelicensing exam; school enrollmentsnumbered 646; 84 consumer complaintswere received, 7 were referred for for-mal investigation, and 3 disciplinary ac-cusations were filed; the Board revoked7 licenses, suspended 41 licenses, andplaced 25 licensees on probation; BBEinspectors wrote 55 citations and col-lected $26,429 in fines; and the Boardspent a total of $832,852.Finally, BBE reviewed guidelinesdeveloped by staff to assist the MergerPlanning Committee, which include thecreation of several workshops for head-quarters staff, field staff, administrativestaff, and board members. As of Sep-tember, there have already been twoworkshops given for headquarters taff,and two more were planned for October.FUTURE MEETINGS:December 2 in San Francisco.BOARD OF BEHAVIORALSCIENCE EXAMINERSExecutive Officer: Kathleen Callanan(916) 322-4910 and (916) 445-4933Authorized by Business and Profes-sions Code section 4980 et seq., theeleven-member Board of BehavioralScience Examiners (BBSE) licensesmarriage, family and child counselors(MFCCs), licensed clinical social work-ers (LCSWs) and educational psycholo-gists (LEPs). The Board administerstests to license applicants, adopts regu-lations regarding education and experi-ence requirements for each group oflicensees, and appropriately channelscomplaints against its licensees. TheBoard also has the power to suspend orrevoke licenses. The Board consists ofsix public members, two LCSWs, oneLEP, and two MFCCs. The Board'sregulations appear in Division 18, Title16 of the California Code of Regula-tions (CCR).MAJOR PROJECTS:Supervision Issues. At its July meet-ing, BBSE held a public hearing to re-ceive comments on its proposed regula-tory revisions which would effectivelyforbid trainees, MFCC interns, and as-sociate clinical social workers in non-private practice settings to pay their su-pervisors for the supervision. Businessand Professions Code sections4980.43(c) and 4996.20(a)(1) prohibitMFCC interns and associate clinicalsocial workers in private practice set-tings from paying their supervisors, butthe sections are silent as to whetherinterns and associates gaining experi-ence in other settings may do so. Ac-cording to BBSE, payment for such su-pervision undermines the supervisor/intern relationship since the intern mayhire and fire his/her supervisor as he/shechooses. (See CRLR Vol. 1 l,No. 3 (Sum-mer 1991) p. 63; Vol. I1, No. 2 (Spring1991) p. 61;Vol. 10,No. 4 (Fall 1990)p.59 for background information.)At the July 18 public hearing, BBSEheard extensive testimony from coun-selors, psychologists, and trade asso-ciation representatives concerning theBoard's proposed amendments o sec-tion 1833 and addition of section 1875,which would provide that no credit shallbe given for hours of experience ob-tained under the supervision of a personwho has received monetary payment orother consideration from a trainee, in-tern, or associate for the purpose ofrendering supervision. The majority ofcomments were supportive of the pro-posed amendments, with many wit-nesses citing an inherent conflict of in-terest where a trainee or intern pays forhis/her supervision. Specifically, a su-pervisor who is being paid by asupervisee may not be able to objec-tively evaluate and critique thesupervisee's performance, which is thewhole purpose of BBSE's supervisedexperience requirement. Other wit-4 The California Regulatory-Law Reporter Vol. 11, No. 4 (Fall 1991)

Board of Barber Examiners

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Board of Barber Examiners

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