BILL NUMBER: SB 969 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Vargas
JANUARY 17, 2012
An act to add Article 7 (commencing with Section 4918) to Chapter
11 of Division 2 of the Business and Professions Code, relating to
pet grooming.
LEGISLATIVE COUNSEL'S DIGEST
SB 969, as introduced, Vargas. Pet groomers.
Existing law provides for the licensure and regulation of
veterinarians and registered veterinary technicians by the Veterinary
Medical Board.
This bill would require any person engaged in pet grooming to be
licensed and regulated by the Veterinary Medical Board. The bill
would establish the requirements necessary to obtain a license as a
pet groomer and set forth the duties and obligations of a licensee as
a pet groomer, as specified. The bill would set forth the duties of
the board with regard to the regulation of pet groomers and require
the board to adopt a fee schedule that would apply to licensees and
pet grooming schools. The bill would set forth standards for
discipline and authorize the board to impose administrative penalties
for a violation of these provisions. The bill would provide that a
violation of these provisions is a crime, thereby imposing a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 7 (commencing with Section 4918) is added to
Chapter 11 of Division 2 of the Business and Professions Code, to
read:
Article 7. Pet Groomers
4918. The following definitions shall apply for purposes of this
article:
(a) "Board" means the Veterinary Medical Board.
(b) "Pet" means any animal placed in the care of a pet groomer for
grooming or styling.
(c) "Pet groomer" means an individual, licensed as a pet groomer,
who bathes, brushes, clips, or styles a pet for compensation.
(d) "Pet grooming" means the act of bathing, brushing, clipping,
or styling a pet.
(e) "Pet grooming facility" means a commercial establishment where
a pet may be bathed, brushed, clipped, or styled.
4918.3. Except as provided in this article, it is unlawful for
any person to engage in pet grooming for compensation without a
valid, unexpired license issued by the board. A person is eligible
for a license as a pet groomer if he or she meets the eligibility
requirements set forth in this article, passes the examination
specified in Section 4919.7, and applies for licensure and pays the
fee prescribed by the board pursuant to Section 4920.3.
4918.5. (a) The primary concern of every licensee shall be the
safety and well-being of the pets in their care.
(b) A licensee shall comply with the following requirements:
(1) Pets not in the grooming process shall be kept in a
structurally sound and clean cage. Each enclosure shall be in good
repair and large enough to allow each pet to make normal postural
adjustments, including sitting, standing, and turning around. Each
pet shall be caged separately.
(2) Outdoor facilities shall not be utilized in inclement weather
and indoor facilities shall be maintained at a healthy temperature.
(3) There shall be sufficient lighting to facilitate the cleaning
of pets and facilities.
(4) The pet grooming facility of the licensee shall maintain
sanitary conditions at all times.
(5) There shall be an adequate water supply available for
drinking.
(6) Pets shall not be left unattended while at a pet grooming
facility.
(7) A drying cage shall never be used.
(c) Every licensee shall display a copy of his or her pet groomer'
s license and the telephone number of the board where the owner of
the pet may make complaints regarding the services received from the
licensee.
(d) Every licensee shall maintain insurance against negligent acts
associated with his or her activity as a pet groomer.
(e) Every licensee shall keep a record for each pet receiving
grooming services, which shall include all of the following:
(1) The first and last name of the owner of the pet.
(2) The address and telephone number of the owner of the pet.
(3) The name of the pet.
(4) The name of the veterinarian of the pet.
(5) Any allergies or special needs the pet may have, as reported
by the owner of the pet.
(5) The date or dates that the pet received grooming services.
(6) The services that were performed, including a list of any
chemicals used while performing the services and any medical
conditions discovered during the performance of services.
(7) When the pet receiving services is a dog, proof that the dog
has received vaccinations against parvo, distemper, bordatella, and
rabies. When the pet receiving services is a cat, proof that the cat
has received a vaccination against rabies.
(f) Records for each pet shall be maintained for two years and
shall be available for inspection by the board or the board's
authorized agents during regular business hours.
4918.7. The board shall approve all schools or institutions
offering a curriculum for training pet groomers. Application forms
for schools requesting approval shall be furnished by the board.
Approval by the board shall be for a two-year period. Reapplication
for approval by the board shall be made at the end of the two-year
period.
4919. (a) Students engaged in performing grooming services while
enrolled in a school approved by the board shall not be required to
be licensed under this article if they perform those services under
appropriate supervision at the approved school in which they are
enrolled.
(b) Individuals engaged in performing grooming services while not
enrolled in a school approved by the board shall not be required to
be licensed under this article if they perform those services under
the direct supervision of a licensed pet groomer and while in
training for the pet groomer's licensing examination.
4919.3. The board shall admit to examination for a license as a
pet groomer any person who has made application to the board in
proper form, paid the fee required by this chapter, and is qualified
as follows:
(a) Is not less than 18 years of age.
(b) Has completed the 10th grade in the public schools of this
state or its equivalent.
(c) Is not subject to denial pursuant to Section 480.
4919.5. (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. 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.
4919.7. (a) The examination of applicants for a license shall
include both a practical demonstration and a written test and shall
embrace the subjects typically taught in a program approved by the
board.
(b) 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 for which a license is sought.
(c) 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.
(d) The board's examinations shall be limited to job-related
questions, activities, and practical services. The examinations may
include other demonstrations and tests as the board, in its
discretion, may require.
4920. All examinations shall be prepared by or under the
direction of the board. The board shall establish standards and
procedures governing administration and grading and shall exercise
supervision as may be necessary to ensure compliance therewith.
4920.3. (a) Licenses shall be issued by the board to any
applicant who satisfactorily passes an examination, who possesses the
other qualifications required by law, and who has remitted the
license fee required by this article. The license shall entitle the
holder to engage in the practice of pet grooming. The license shall
be issued by the board on the same day that the applicant
satisfactorily passes the examination.
(b) Prior to issuance of a license by the board, every applicant
shall provide proof that the applicant is insured against negligent
acts associated with their activity as a pet groomer.
4920.5. Any person who fails the pet groomer's licensing
examination may be eligible to retake the examination upon compliance
with the provisions of this article.
4920.7. The board may contract or otherwise arrange for
reasonably required physical accommodations and facilities to conduct
examinations.
4921. The form and content of a license issued by the board shall
be determined by the board.
4921.3. The board shall create a record of those licensed
pursuant to this article. The record shall include a licensee's first
and last name, license number, and a record of any disciplinary
action taken against the licensee, including the suspension or
revocation of the licensee's pet grooming license.
4921.5. (a) Notwithstanding any other provision of law, the board
may revoke, suspend, or deny at any time any license required by
this article on any of the grounds for disciplinary action provided
in this section. The proceedings under this section shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the board shall have all the powers granted therein.
(b) The grounds for disciplinary action are as follows:
(1) Conviction of any crime substantially related to the
qualifications, functions, or duties of the license holder,
including, but not limited to, any provision of law relating to the
humane treatment of animals, in which case, the records of conviction
or a certified copy shall be conclusive evidence thereof.
(2) Failure to comply with the requirements of this article.
(3) Failure to comply with the rules adopted by the board for the
regulation of the practice licensed and regulated under this article.
(4) Failure to display the license in a conspicuous place.
(5) The making of any false statement as to a material matter in
any application to the board.
(6) Refusal to permit or interference with an inspection
authorized under this article.
4921.7. Licenses issued under this article, unless specifically
excepted, shall be issued for a two-year period and shall expire at
midnight on the last day of the month of issuance by the board.
4922. Except as otherwise provided in this article, a license
that has expired for failure of the licensee to renew within the time
fixed by this article may be renewed at any time within five years
following its expiration upon application and payment of all accrued
and unpaid renewal fees, delinquency fees, and fines. Renewal under
this section shall be effective on the date on which the application
is filed, or on the date on which the accrued renewal fees,
delinquency fee, or fines are paid, if any, whichever occurs last. If
so renewed, the license shall continue in effect through the
expiration date provided in this article which next occurs following
the effective date of the renewal, when it shall expire if it is not
again renewed.
4922.3. Except as otherwise provided in this article, a license
which has not been renewed within five years following its expiration
shall be deemed canceled and may not be renewed, restored,
reinstated, or reissued thereafter. The holder of the canceled
license may obtain a new license only by submitting an application,
paying all required fees, and qualifying for and passing the
examination that would be required if the holder were applying for
the license for the first time.
4922.5. A suspended license is subject to expiration and shall be
renewed by the licensee as provided in this article, but that
renewal does not entitle the licensee, while the license remains
suspended and before it is reinstated, to engage in the licensed
activity, or in any other activity or conduct in violation of the
order or judgment by which the license was suspended.
4922.7. A revoked license is subject to expiration as provided in
this article, but may not be renewed. If it is reinstated pursuant
to an administrative or court proceeding after its expiration, the
licensee, as a condition precedent to its reinstatement, shall pay a
reinstatement fee in an amount established by the board pursuant to
Section 4923.
4923. (a) The board shall establish by regulation a schedule of
fees payable under this article, including, but not limited to, all
of the following:
(1) Application and examination fees.
(2) Initial license fees.
(3) Renewal fees.
(4) Reinstatement fees.
(5) Delinquency fees.
(6) Duplicate license fees.
(7) Application fee for approval of a school or institution
offering a curriculum for training pet groomers.
(b) No fee established pursuant to subdivision (a) shall be
greater than three hundred fifty dollars ($350) and shall not be in
excess of the costs to the board of administering that fee.
(c) The board shall establish by regulation a fee for filing an
application for approval of a school or institution offering a
curriculum for training licensed pet groomers pursuant to Section
4918.7 of not more than three hundred fifty dollars ($350). The
school or institution shall also pay for the actual costs of an
onsite inspection conducted by the board pursuant to Section 2065.6
of Title 16 of the California Code of Regulations, including, but not
limited to, the travel, food, and lodging expenses incurred by an
inspection team sent by the board.
(d) All moneys collected under this article shall be deposited in
a separate account in the Veterinary Medical Board Contingent Fund
and shall be used for the purposes of this article, subject to
appropriation by the Legislature.
4923.3. (a) The board or their authorized agents shall make
annual inspections of pet grooming facilities to ensure licensees'
compliance with this article.
(b) Authority to conduct the inspections authorized by this
section may be delegated by the board to a county animal control
board, subject to the county animal control board's acceptance of the
delegation.
(c) Prior to performing an inspection authorized by this section,
an inspector shall receive training as to the provisions of this
article and in the humane treatment of animals.
4923.5. Notwithstanding Section 4918.3, any individual engaged in
pet grooming on or before December 31, 2011, may lawfully continue
pet grooming without a license for one year from that date, provided
that within the year the individual applies for a license as provided
in this article.
4923.7. This act shall become operative on April 1, 2012. The
board shall, prior to that date, adopt emergency regulations
concerning pet grooming. The adoption, amendment, repeal, or
readoption of a regulation authorized by this section is deemed to
address an emergency, for purposes of Sections 11346.1 and 11349.6 of
the Government Code, and the commission is hereby exempted for this
purpose from the requirements of subdivision (b) of Section 11346.1
of the Government Code, but shall otherwise be subject to the review
and approval of the Office of Administrative Law. Notwithstanding any
other provision of law, all emergency regulations adopted by the
commission pursuant to this section shall remain in effect until
December 31, 2012, except to the extent that the commission exercises
its power to adopt, amend, or repeal these regulations in whole or
in part.
4924. The board may impose an administrative penalty for a
violation of this article in an amount of not more than one thousand
dollars ($1,000) per violation. The board shall collect those
penalties for deposit into the account specified in Section 4923.
4924.3. Any person, who violates, or aids or abets in violating,
any of the provisions of this chapter is guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine of not less than
five hundred dollars ($500), nor more than two thousand dollars
($2,000), or by imprisonment in a county jail for not less than 30
days nor more than one year, or by both the fine and imprisonment.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.