BILL NUMBER: SB 969 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 20, 2012
AMENDED IN SENATE MAY 23, 2012
AMENDED IN SENATE MAY 17, 2012
AMENDED IN SENATE APRIL 26, 2012
AMENDED IN SENATE APRIL 18, 2012
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Vargas
JANUARY 17, 2012
An act to add and repeal Chapter 10 (commencing with Section
122370) of Part 6 of Division 105 of the Health and Safety Code,
relating to pet grooming.
LEGISLATIVE COUNSEL'S DIGEST
SB 969, as amended, 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 enact, until January 1, 2017, provisions governing
the voluntary certification of pet groomers and creating the
California Pet Grooming Council, a nonprofit organization exempt from
taxation, as specified, to administer the certification process. The
bill would make it an unfair business practice for any person
engaged in pet grooming to advertise or hold himself or herself out
as a registered, certified, or licensed pet groomer without being
certified and regulated by the council. The bill would establish the
requirements necessary to obtain a certificate as a pet groomer or a
pet bather and brusher and set forth the duties and obligations of a
certified pet groomer or a pet bather and brusher, as specified. The
bill would set forth the duties of the council with regard to the
regulation of pet groomers and pet bathers and brushers and require
the board to adopt a fee schedule that would apply to certificate
holders. The bill would set forth standards for discipline
and authorize the council to impose administrative penalties
denial, suspension, or revocation of a certificate
for a violation of these provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 10 (commencing with Section 122370) is added to
Part 6 of Division 105 of the Health and Safety Code, to read:
CHAPTER 10. PET GROOMERS
122370. The following definitions shall apply for purposes of
this chapter:
(a) "Council" means the California Pet Grooming Council.
(b) "Pet" means any dog or cat placed in the care of a pet groomer
for grooming or styling.
(c) "Pet bather or brusher" means an individual who
solely bathes and brushes a pet for compensation.
(d) "Pet groomer" means an individual who bathes, brushes, clips,
or styles a pet , trims a pet's nails, or provides
anal gland expression, for compensation.
(e) "Pet grooming" means the act of bathing, brushing, clipping,
or styling a pet , trimming a pet's nails, or providing anal
gland expression .
(f) "Pet grooming facility" means a commercial establishment where
a pet may be bathed, brushed, clipped, or styled.
122371. (a) The California Pet Grooming Council shall be created
and shall be a nonprofit organization exempt from taxation under
Section 501(c)(3) of Title 26 of the United States Code and Section
23701 or Section 23701d of the Revenue and Taxation Code. The council
may commence activities after submitting a request to the Internal
Revenue Service and an application or determination letter or ruling
to the Franchise Tax Board seeking this exemption. The council shall
have the responsibilities and duties set forth in this chapter. The
council may take any reasonable actions to carry out the
responsibilities and duties set forth in this chapter, including, but
not limited to, hiring staff and entering into contracts.
(b) (1) The council shall be composed of the following members:
(A) Two members One member from
Society for the Prevention of Cruelty to Animals (SPCA) associations,
one from northern California, and one from southern
California, unless that entity chooses not to exercise this
right of selection.
(B) One member selected by each state or nationwide pet specialty
retailer that provides pet grooming services, with gross annual sales
exceeding one hundred fifty million dollars ($150,000,000), unless
the entity chooses not to exercise this right of selection.
(C) One member selected by the State Humane Association of
California, unless that entity chooses not to exercise this right of
selection.
(D) One member selected by the Director of Consumer Affairs,
unless he or she chooses not to exercise this right of selection.
(E) One member selected by the Veterinary Medical Board, unless
that entity chooses not to exercise this right of selection.
(F)
(D) One member selected by the California Animal
Control Directors Association, unless that entity chooses not to
exercise this right of selection.
(G) Two members
(E) One member selected by the
National Dog Groomers Association of America, Inc., unless that
entity chooses not to exercise this right of selection.
(H) One member
(F) Two members selected by the
State Bar of California who has have
animal law experience and who has have
been nominated by a fellow animal law attorney, unless that entity
chooses not to exercise this right of selection.
(I)
(G) Two members selected by the World Pet Association,
unless that entity chooses not to exercise this right of selection.
(J)
(H) One member who is a licensed veterinarian selected
by the California Veterinary Medical Association.
(K)
(I) One member selected by the International
Professional Groomers, Inc., unless that entity chooses not to
exercise this right of selection.
(L) One member selected by the International Society of Canine
Cosmetologists, unless that entity chooses not to exercise this right
of selection.
(M)
(J) One member selected by the Northern California
Professional Groomers Association, unless that entity chooses not to
exercise this right of selection.
(N)
(K) One member selected by the Southern California
Professional Groomers Association, unless that entity chooses not to
exercise this right of selection.
(2) The council's bylaws shall establish a process for appointing
other professional members as determined by the council, including
two members who represent pet groomers who own or operate independent
facilities and are not affiliated with a pet specialty retailer
described in subparagraph (B) of paragraph (1) or another retailer of
comparable size.
(3) The initial members of the council shall establish the
council, initiate the request for tax-exempt status from the Internal
Revenue Service and the Franchise Tax Board, and solicit input from
the pet grooming community concerning the operations of the council.
The initial members of the council, in their discretion, may
immediately undertake to issue the certificates authorized by this
chapter after adopting the necessary bylaws or other rules, or may
establish by adoption of bylaws the permanent governing structure
prior to issuing certificates.
(c) The council shall establish fees reasonably related to the
cost of providing services and carrying out its ongoing
responsibilities and duties. Initial and renewal fees shall
be established by the council annually not exceed
forty dollars ($40) for a two-year period .
(d) The meetings of the council shall be subject to the rules of
the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code).
122372. (a) The council shall issue a certificate under this
chapter to an applicant who satisfies the requirements of this
chapter.
(b) In order to obtain certification as a pet groomer, an
applicant shall submit a written application and shall provide the
council with satisfactory evidence that he or she meets all of the
following requirements:
(1) The applicant is 18 years of age or older.
(2) The applicant has successfully completed a curriculum,
approved by the council, in pet grooming and related subjects,
totaling a minimum of 300 hours, that incorporates
appropriate school assessment of student knowledge and skills and
that provides a minimum of 1,000 hours of hands-on experience in pet
grooming; or has a minimum of 1,000 hours of hands-on experience in
pet grooming and successfully passes a pet grooming certification
test established by the council and has had hands-on
experience in pet grooming, the aggregate of which shall equal at
least 900 hours. The hands-on portion of that requirement shall equal
at least 60 percent of the 900 hours .
(3) All fees required by the council have been paid.
(c) The council shall issue a certificate to an applicant who
meets the qualifications of this chapter and who holds a current and
valid registration, certification, or license from any other state
whose requirements meet or exceed those defined within this chapter.
The council shall have discretion to give credit for comparable
academic work completed by an applicant in a program outside of
California.
(d) An applicant applying for a pet bather and brusher certificate
shall file with the council a written application provided by the
council, showing to the satisfaction of the council that he or she
meets both of the following requirements:
(1) The applicant is 18 years of age or older.
(2) Any of the following:
(A) The applicant has successfully completed a curriculum,
approved by the council, in pet grooming and related subjects,
totaling a minimum of 300 hours, that incorporates appropriate school
assessment of student knowledge and skills.
(B) The applicant has a minimum of 300 hours of training under the
supervision of a certified pet groomer.
(C) The applicant has successfully completed a pet grooming
certification test established by the council.
(e) Prior to the issuance of a certificate by the council, every
applicant shall provide proof that he or she is insured against
negligent acts associated with his or her activity as a pet groomer.
(2) The applicant has successfully completed a curriculum,
approved by the council, that incorporates appropriate assessment of
student knowledge and skills, and has had training under the
supervision of a certified pet bather and brusher or certified dog
groomer, the aggregate of which shall equal at least 300 hours.
(f)
(e) Any certification issued under this chapter shall
be subject to renewal every two years in a manner prescribed
by the council, and shall expire unless renewed in that manner. The
council may provide for the late renewal of a license
expire in two years unless renewed .
122373. (a) The council may discipline a certificate holder by
any, or a combination, of the following methods:
(1) Placing the certificate holder on probation.
(2) Suspending the certificate and the rights conferred by this
article on a certificate holder for a period not to exceed one year.
(3) Revoking the certificate.
(4) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.
(5) Taking other action as the council, as authorized by this
article or its bylaws, deems proper.
(b) The council may issue an initial certificate on probation,
with specific terms and conditions, to any applicant.
(c) (1) Notwithstanding any other law, if the council receives
notice that a certificate holder has been arrested and charges have
been filed by the appropriate prosecuting agency against the
certificate holder alleging a violation of subdivision (b) of Section
597 of the Penal Code, the council shall take all of the following
actions:
(A) Immediately suspend, on an interim basis, the certificate of
that certificate holder.
(B) Notify the certificate holder within 10 days at the address
last filed with the council that the certificate has been suspended,
and the reason for the suspension.
(C) Notify within 10 days any business that the council has in its
records as employing the certificate holder that the certificate has
been suspended.
(2) Upon notice to the council that the charges described in
paragraph (1) have resulted in a conviction, the suspended
certificate shall become subject to permanent revocation. The council
shall provide notice to the certificate holder within 10 days that
it has evidence of a valid record of conviction and that the
certificate will be revoked unless the certificate holder provides
evidence within 15 days that the conviction is either invalid or that
the information is otherwise erroneous.
(3) Upon notice that the charges have resulted in an acquittal, or
have otherwise been dismissed prior to conviction, the certificate
shall be immediately reinstated and the certificate holder and any
business that received notice pursuant to subparagraph (C) of
paragraph (1) shall be notified of the reinstatement within 10 days.
122373. (a) Notwithstanding any other law, the council may
suspend or revoke a certification if it receives credible
documentation that the certificate holder has been convicted of a
violation of Section 597 of the Penal Code.
(b) The council shall have the ability to suspend or revoke a
certificate upon evidence of gross negligence by a certificate
holder.
122374. (a) Upon the request of any law enforcement agency, the
council shall provide information concerning a certificate
holder, including, but not limited to, the current status of the
certificate, any history of disciplinary actions taken against the
certificate holder, the home and holder's work
addresses of the certificate holder, and any other
information in the council's possession that is necessary to verify
facts relevant to an investigation being conducted by a law
enforcement agency .
(b) The council shall accept information provided by any law
enforcement agency or any other representative of a local government
agency. The council shall have the responsibility to review any
information received and to take any actions authorized by this
chapter that are warranted by that information.
122375. It is a violation of this chapter for a certificate
holder to commit, and the council may deny an application for a
certificate or discipline a certificate holder
or revoke or suspend a certificate for committing, any of
the following:
(a) Unprofessional conduct, including, but not limited to, denial
of licensure, revocation, suspension, restriction, or any other
disciplinary action against a certificate holder by another state or
territory of the United States, by any other government agency, or by
another professional licensing board established under this
division. A certified copy of the decision, order, or judgment shall
be conclusive evidence of these actions.
(b) Procuring a certificate by fraud, misrepresentation, or
mistake.
(c) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision or term of this chapter or any rule or bylaw adopted
by the council.
(d)
(c) Conviction of any felony involving animal
cruelty or abuse to animals , or conviction of a
misdemeanor that is substantially related to Section 597 of the Penal
Code, in which event the record of the conviction shall be
conclusive evidence of the crime.
(e) Impersonating an applicant or acting as a proxy for an
applicant in any examination referred to under this chapter for the
issuance of a certificate.
(d) Committing an act of gross negligence while pets are in the
certificate holder's care.
(f)
(e) Committing any fraudulent, dishonest, or corrupt
act that is substantially related to the qualifications or duties of
a certificate holder.
122376. (a) No certificate holder or certificate applicant may be
disciplined or denied a certificate , or
have his or her certificate suspended or revoked, pursuant to
Section 122375 except according to procedures satisfying the
requirements of this section. A denial or discipline not in accord
with this section or subdivision (c) of Section 122373 shall be void
and without effect.
(b) Any denial of a certificate to an applicant or any discipline
imposed on a certificate holder shall be done in good faith and in a
fair and reasonable manner. Any procedure that conforms to the
requirements of subdivision (c) is fair and reasonable, but a court
may also find other procedures to be fair and reasonable when the
full circumstances of the certificate denial or certificate holder
discipline are considered.
(c) A procedure is fair and reasonable when the procedures in
subdivision (c) of Section 122373 are followed, or if all of the
following apply:
(1) The procedure has been set forth in the articles or bylaws, or
copies of the procedure are sent annually to all the members as
required by the articles or bylaws.
(2) The procedure provides for the giving of 15 days' prior notice
of the denial or discipline and the reasons therefor.
(3) The procedure provides an opportunity for the certificate
applicant or certificate holder to be heard, orally or in writing,
not less than five days before the effective date of the denial or
discipline by a person or body authorized to decide that the proposed
denial or discipline not take place.
(d) Any notice required under this section may be given by any
method reasonably calculated to provide actual notice. Any notice
given by mail must be given by first-class or certified mail sent to
the last address of the certificate applicant or certificate holder
shown on the council's records.
(e) Any action challenging a certificate denial or certificate
holder discipline, including any claim alleging defective notice,
shall be commenced within one year after the date of the certificate
denial or certificate holder discipline. If the action is successful,
the court may order any relief, including reinstatement, that it
finds equitable under the circumstances.
(f) This section governs only the procedures for certificate
denial or certificate holder discipline ,
suspension, or revocation and not the substantive grounds
therefor. A certificate denial or certificate holder
discipline , suspension, or revocation based
upon substantive grounds that violates contractual or other rights of
the member or is otherwise unlawful is not made valid by compliance
with this section.
(g) The council shall be sued only in the venue of its principal
office.
122377. It shall be the responsibility of any certificate holder
to notify the council of his or her home address, as well as the
address of any business establishment where he or she regularly works
as a pet groomer or pet bather and brusher, whether as an employee
or as an independent contractor. A certificate holder shall notify
the council within 30 days of changing either his or her home address
or the address of the business establishment where he or she
regularly works as a pet groomer or pet bather and brusher.
122377. (a) The Council shall establish a board
of review to review cases of gross negligence by certificate holders
that come to the attention of the council.
(b) The council shall create an online registry of certificate
holders to enable a consumer to determine whether his or her pet
groomer or pet bather and brusher is certified.
122378. A certificate holder shall include the name under which
he or she is certified and his or her certificate number in any and
all advertising and shall display his or her certificate at his or
her place of business.
122379. (a) Notwithstanding Section 122372, the council may grant
a pet groomer or a pet bather and brusher certificate to any person
who applies on or after January 1, 2013, with one
documentation demonstrating that the person applying for
certification has performed a minimum of 900 hours of pet grooming
services to members of the public for compensation in any state. For
purposes of this subdivision, evidence of pet grooming services
performed shall include either of the following:
(1) A current valid pet grooming permit or license from a
California city, county, or city and county and documentation
evidencing that the person has provided at least 500 hours of pet
grooming services to members of the public for compensation.
(2) Documentation evidencing that the person has completed at
least a 100-hour pet grooming curriculum and has provided at least
500 hours of pet grooming services to members of the public for
compensation. For purposes of this subdivision, evidence of practice
shall include either of the following:
(A) A W-2 form or
(1) An employer's affidavit
containing the dates of the applicant's employment.
(B)
(2) Tax returns indicating self-employment as a pet
groomer, pet bather and brusher, or any other title that may
demonstrate experience in the field of pet grooming.
(b) After reviewing the information submitted under subdivision
(a), the council may require additional information necessary to
enable it to determine whether to issue a certificate.
(c) (1) A person applying for a pet groomer certificate on or
after January 1, 2013, who meets the educational requirements of
paragraph (2) of subdivision (a), but who has not completed the
required number of practice hours prior to submitting an application
pursuant to this section, may apply for a conditional certificate.
(2) An applicant for a conditional certificate shall, within five
years of being issued the conditional certificate, be required to
complete at least 30 hours of additional education per year from
schools or courses described in paragraph (5) until he or she has
completed a total of at least 300 hours of education, which may
include hours previously completed in a pet grooming curriculum
described in paragraph (2) of subdivision (a).
(3) Upon successful completion of the requirements of this
subdivision, the council shall issue a certificate to the person that
is not conditional.
(4) A conditional certificate issued to any person pursuant to
this subdivision shall immediately be nullified, without need for
further action by the council, if the time period specified in
paragraph (2) expires without proof of completion of the requirements
having been filed with the council.
(5) Any additional education required by this section may be
completed through any of the following:
(A) A curriculum approved by the council.
(B) A provider approved by, or registered with, the Department of
Consumer Affairs.
(d) Nothing in this section shall preclude the council from
exercising any power or authority conferred by this article with
respect to a conditional certificate holder.
122380. (a) It is an unfair business practice for any person to
advertise or put out any sign or card or other device, or to
represent to the public through any print or electronic media, that
he or she is certified, registered, or licensed by a governmental
agency as a pet groomer or pet bather and brusher.
(b) It is an unfair business practice for any person to hold
himself or herself out as, or use the title of, "certified pet
groomer" or "certified pet brusher and bather" or to use any other
term such as "licensed" or "registered" that
implies or suggests that the person is certified as a pet groomer or
a pet bather and brusher without meeting the requirements of this
chapter.
(c) The superior court in and for the county in which any person
acts as a pet groomer in violation of the provisions of this chapter
may, upon a petition by any person, issue an injunction or other
appropriate order restraining the conduct. The proceedings under this
subdivision shall be governed by Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure.
122381. (a) Every application for admission to
examination and certification shall be in writing, on forms
prepared and furnished by the council.
(b) Each application shall be accompanied by the required fee, and
shall contain proof of the qualifications of the applicant for
examination and certification. 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 governmental entity.
122382. (a) The examination of applicants for certification shall
include both a practical demonstration and a written test and shall
embrace the subjects typically taught in a curriculum approved by the
council.
(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 certificate 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 council, by regulation, may require to protect the health
and safety of consumers of the services provided by certificate
holders.
(d) The council's examinations shall be limited to job-related
questions, activities, and practical services. The examinations may
include other demonstrations and tests as the council, in its
discretion, may require.
122383. All examinations shall be prepared by or under the
direction of the council. The council shall establish standards and
procedures governing administration and grading and shall exercise
supervision as may be necessary to ensure compliance therewith.
122384. Any person who fails the pet groomer's certification
examination shall be eligible to retake the examination upon
compliance with the provisions of this chapter.
122385. The council may contract or otherwise arrange for
reasonably required physical accommodations and facilities to conduct
examinations.
122386. The form and content of a certificate issued by the
council shall be determined by the council.
122387. The council shall create a record of those certified
pursuant to this chapter. The record shall include a certificate
holder'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 certificate holder's
pet grooming certification.
122388. Certificates issued under this chapter, 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 council.
122389.
Except as otherwise provided in this chapter, a certificate that
has expired for failure of the certificate holder to renew within the
time fixed by this chapter 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 fees, or fines are paid, if
any, whichever occurs last. If so renewed, the certificate shall
continue in effect through the expiration date provided in this
chapter which next occurs following the effective date of the
renewal, when it shall expire if it is not again renewed.
122390. Except as otherwise provided in this chapter, a
certificate 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 certificate may obtain a new certificate only by submitting
an application , and paying all required
fees , and qualifying for and passing the examination that
would be required as if the holder were applying
for the certificate for the first time.
122391. A suspended certificate is subject to expiration and
shall be renewed by the certificate holder as provided in this
chapter, but that renewal does not entitle the certificate holder,
while the certificate remains suspended and before it is reinstated,
to engage in the pet grooming activity, or in any other
activity or conduct in violation of the order or judgment by which
the certificate was suspended represent himself or
herself as being certified pursuant to this chapter .
122392. A revoked certificate is subject to expiration as
provided in this chapter, but may not be renewed. If it is reinstated
pursuant to an administrative or court proceeding after its
expiration, the certificate holder, as a condition precedent to its
reinstatement, shall pay a reinstatement fee in an amount
, no fee shall be required. In all other instances, a
reinstatement fee, not to exceed forty dollars ($40), may be required
to receive a new certificate, as established by the council
pursuant to Section 122393.
122393. (a) The council shall establish a schedule of fees
payable under this chapter, including, but not limited to, all of the
following:
(1) Application and examination fees.
(2)
(1) Initial certification fees not to exceed forty
dollars ($40) .
(3) Renewal fees.
(2) Certification renewal fees not to exceed twenty dollars ($20).
(4)
(3) Reinstatement fees not to exceed forty dollars
($40) .
(5) Delinquency fees.
(6)
(4) Duplicate certificate fees not to exceed
twenty dollars ($20) .
(7) Processing fee, not to exceed twenty dollars ($20) to cover
the costs of processing the application and certificate.
(b) No fee established pursuant to subdivision (a) shall be in
excess of the costs to the council of administering the activity
covered by that fee.
122394. This chapter shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.