AMENDED IN ASSEMBLY AUGUST 17, 2026

AMENDED IN ASSEMBLY JULY 1, 2026

AMENDED IN SENATE APRIL 29, 2026

AMENDED IN SENATE APRIL 15, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

95

Introduced by Senator Wahab

February 20, 2026

An act to amend Sections 7303, 7317, 7321, 7332, 7333, 7334, 7347, 7348, 7362, 7362.1, 7362.2, 7362.3, and 7407.1 of, and to add Sections 7315.5, 7332.1, 7332.2, 7334.1, 7334.2, and 7334.5 to, the Business and Professions Code, relating to professions and vocations.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

(1) Existing law, the Barbering and Cosmetology Act, establishes the State Board of Barbering and Cosmetology until January 1, 2027, to license and regulate barbering, cosmetology, electrology, esthetics, hairstyling, and manicuring. Existing law requires a person, firm, or corporation operating an establishment where licensed activity occurs to obtain a license from the board for that establishment. Existing law requires an establishment to at all times be in the charge of a person licensed pursuant to the act, except an apprentice.

This bill would extend the provisions relating to the establishment of the board to January 1, 2031. The bill would also require a partnership or limited liability company that desires to operate an establishment where licensed activity occurs to apply to obtain a license for that establishment. For any corporation or limited liability company operating such an establishment, the bill would require the organization to be registered and in good standing with the Secretary of State, and would provide for the suspension of any license from the board for a corporation or limited liability company that is not in good standing with the Secretary of State. The bill would require the board to license any federally recognized tribe, as defined, that applies for licensure and is otherwise compliant with the requirements of a licensee, and would exempt a federally recognized tribe from requirements relating to registration and good standing with the Secretary of State. The bill would also require an establishment to be in the charge of a person licensed pursuant to the act as a barber, cosmetologist, electrologist, esthetician, hairstylist, manicurist, or establishment at all times during which barbering, cosmetology, electrology, esthetics, hairstyling services, or manicuring are being performed in the establishment.

(2) Existing law makes it a crime for a person, firm, or corporation to engage in specified regulated activity without a valid unexpired license issued by the board.

This bill would expand this provision to include partnerships and limited liability companies engaged in regulated activity. By expanding the operation of a crime, this bill would impose a state-mandated local program.

(4) Existing law provides for licensed apprenticeships to engage in learning or acquiring a knowledge of barbering, cosmetology, skin care, nail care, or electrology in a licensed establishment under the supervision of a licensee approved by the board. Existing law requires an apprenticeship training program to be conducted in compliance with the Shelley-Maloney Apprentice Labor Standards Act of 1939 according to apprenticeship standards approved by the Administrator of Apprenticeship.

This bill would instead require the training program to be conducted in compliance with the Shelley-Maloney Apprentice Labor Standards Act of 1939 according to apprenticeship standards approved by the Chief of the Division of Apprenticeship Standards. The bill would require an apprenticeship program sponsor, as defined, to obtain approval from the board to administer an apprenticeship program in barbering, cosmetology, or electrology. The bill would require an applicant seeking approval from the board to submit an application and fee and to comply with specified requirements, including submitting a copy of the agreement between the apprenticeship program sponsor and a local educational agency to the board.

This bill, among other requirements, would require an apprenticeship program sponsor to first be approved by the Division of Apprenticeship Standards. The bill would authorize the board to revoke, suspend, or deny approval of an apprenticeship program sponsor for specified acts, including unprofessional conduct. The bill would prohibit an apprenticeship training program from charging fees for an individual to participate in an apprenticeship program other than the actual cost of textbooks and minimum equipment.

This bill would authorize the board to approve a person licensed as a barber, cosmetologist, or electrologist to provide on-the-job training to an apprentice who agrees to specified requirements, including being present at all times that the apprentice is providing services. The bill would also authorize the board to approve an establishment to employ a person licensed as a barber, cosmetologist, or electrologist to provide on-the-job training to an apprentice if the establishment agrees to satisfy specified conditions, including paying the apprentice an hourly wage in accordance with the apprenticeship agreement. The bill would require the establishment and the trainer to certify that they have no outstanding fines and no pending or past disciplinary actions. By expanding the crime of perjury, this bill would impose a state-mandated local program.

This bill would require that an apprentice submit to the board a copy of the apprentice agreement entered into between the approved program sponsor and the apprentice, and would require the apprentice to be employed by the owner of a licensed establishment and registered as an apprentice with the Division of Apprenticeship Standards. The bill would make the failure to comply with the laws relating to apprenticeships by a trainer, establishment owner, or apprenticeship sponsor grounds for disciplinary action, citation and fines, and prohibition from hiring future apprentices.

(7) 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.

The people of the State of California do enact as follows:

SECTION 1.

Section 7303 of the Business and Professions Code is amended to read:

7303.

(a) Notwithstanding Article 8 (commencing with Section 9148) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the Government Code, there is in the Department of Consumer Affairs the State Board of Barbering and Cosmetology in which the administration of this chapter is vested.

(b) (1) The board shall consist of 13 members. Seven members shall be public members, and six members shall represent the professions.

(2) The Governor shall appoint five of the public members and the six professional members. The six professional members shall be comprised as follows:

(A) A cosmetologist.

(B) A barber.

(C) An esthetician.

(D) An electrologist.

(E) A manicurist.

(F) An establishment owner.

(3) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one public member.

(4) Members of the board shall be appointed for a term of four years, except that of the members appointed by the Governor, two of the public members and two of the professions members shall be appointed for an initial term of two years. No board member may serve longer than two consecutive terms.

(5) Each member of the board shall receive a per diem pursuant to Section 103.

(c) The board may appoint an executive officer who is exempt from civil service. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter. The appointment of the executive officer is subject to the approval of the director. In the event that a newly authorized board replaces an existing or previous bureau, the director may appoint an interim executive officer for the board who shall serve temporarily until the new board appoints a permanent executive officer.

(d) The executive officer shall provide examiners, inspectors, and other personnel necessary to carry out the provisions of this chapter.

(e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

SEC. 2.

Section 7315.5 is added to the Business and Professions Code, to read:

7315.5.

(a) As used in this chapter, the following definitions apply:

(1) “Federally recognized tribe” means a tribe located in this state and included on the list published in the Federal Register pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. Sec. 5131) and includes an entity controlled by and established for the benefit of one or more tribes.

(2) “Participating tribe” means a federally recognized tribe that formally applies for licensure from the board pursuant to subdivision (b).

(b) The board shall license a federally recognized tribe that applies for licensure and is otherwise compliant with this chapter for the purpose of engaging in a business regulated by this chapter.

(c) Nothing in this chapter is intended to infringe upon or diminish the existing rights, privileges, and immunities of federally recognized tribes as set forth in federal, state, or tribal law, or the jurisdiction of those participating tribes.

(d) Nothing in this chapter, whether express or implied, shall confer upon the board or director any rights or authority to regulate any activity within the jurisdiction of a participating tribe.

(e) Any requirement to register with the Secretary of State, maintain good standing with the Secretary of State, provide a corporate number issued by the Secretary of State, or any other associated requirement shall not apply to a participating tribe.

SEC. 3.

Section 7317 of the Business and Professions Code is amended to read:

7317.

Except as provided in this article, it is unlawful for any person, firm, partnership, limited liability company, or corporation to engage in barbering, cosmetology, or electrolysis for compensation without a valid, unexpired license issued by the board, unless the person is participating in an externship program from an approved school, or in an establishment or mobile unit other than one licensed by the board, or conduct or operate an establishment, or any other place of business in which barbering, cosmetology, or electrolysis is practiced unless licensed under this chapter. Persons licensed under this chapter shall limit their practice and services rendered to the public to only those areas for which they are licensed. Any violation of this section is subject to an administrative fine and may be subject to a misdemeanor.

SEC. 4.

Section 7321 of the Business and Professions Code is amended to read:

7321.

The board shall admit to examination for a license as a cosmetologist to practice cosmetology 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 17 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.

(d) Has done any of the following:

(1) Completed a course in cosmetology from a school approved by the board. board and provided evidence of completion by providing official transcripts.

(2) Practiced cosmetology as defined in this chapter outside of this state for a period of time equivalent to the study and training of a qualified person who has completed a course in cosmetology from a school the curriculum of which complied with requirements adopted by the board. Each three months of practice shall be deemed the equivalent of 100 hours of training for qualification under paragraph (1) of this subdivision.

(3) Holds a license as a barber in this state and has completed a cosmetology crossover course in a school approved by the board.

(4) Completed a barbering course in a school approved by the board and has completed a cosmetology crossover course in a school approved by the board.

(5) Completed the apprenticeship program in cosmetology specified in Article 4 (commencing with Section 7332).

SEC. 4.SEC. 5.

Section 7332 of the Business and Professions Code is amended to read:

7332.

(a) An apprentice is any person who is employed by the owner of a licensed establishment and is licensed by the board to engage in learning or acquiring a knowledge of barbering, cosmetology, skin care, nail care, or electrology in a licensed establishment under the supervision of a licensee approved by the board and is registered as an apprentice with the Division of Apprenticeship Standards.

(b) For purposes of this section, “under the supervision of a licensee” means that the apprentice shall be supervised at all times by a licensee approved by the board while performing services in a licensed establishment. At no time shall an apprentice be the only individual working in the establishment. An apprentice that is not being supervised by a licensee, that has been approved by the board to supervise an apprentice, shall be deemed to be practicing unlicensed under this chapter.

SEC. 5.SEC. 6.

Section 7332.1 is added to the Business and Professions Code, to read:

7332.1.

(a) Any joint apprenticeship committee, unilateral management committee, or labor apprenticeship committee, or an individual employer that wants to administer an apprenticeship in barbering, cosmetology, or electrology shall be known as an apprenticeship program sponsor.

(b) An applicant seeking board approval as an apprenticeship program sponsor to administer an apprenticeship in barbering, cosmetology, or electrology shall do all of the following:

(1) Submit an application and fee to the board. The application for apprenticeship approval shall be signed by the individual employer or, if the program sponsor is not an individual, by a responsible officer of the organization.

(2) Submit proof that the program sponsor is approved by the Division of Apprenticeship Standards by providing a full copy of the apprenticeship program standards approved by the division to the board.

(3) Submit a detailed outline of the proposed training program that demonstrates compliance with the apprenticeship regulations adopted in accordance with this article. The outline shall, at a minimum, include a training plan for both on-the-job training and classroom instruction.

(4) Submit a copy of the agreement between the program sponsor and a local educational agency. Each program sponsor shall have an agreement with only one local educational agency and the local educational agency shall be within the same geographical area as the program sponsor. agency. The agreement shall include all of the following:

(5) Submit a copy of the agreement between the program sponsor and the apprentice, hereafter known as the “apprenticeship agreement.” The apprenticeship agreement shall comply with the Shelley-Maloney Apprentice Labor Standards Act of 1939 (Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code) and regulations adopted pursuant thereto.

(6) Provide a list of locations that have been approved by the local educational agency for the delivery of related training. Any changes to this list the list of locations provided pursuant to subparagraph (A) of paragraph (4) shall be reported to the board within 10 days of notification to the local educational agency of intent to add or delete a location.

(7) Each applicant, if an individual, or each officer, director, partner, or committee member shall not have committed acts or crimes which are grounds for denial of licensure pursuant to Section 480.

(c) An apprenticeship program sponsor shall notify the board within 10 days of any changes to the information filed with the board in accordance with subdivision (b) for board approval and shall submit a new application for program sponsor approval.

(d) Board approval of a program sponsor shall expire after two years unless renewed by submission of a renewal application and fee.

SEC. 6.SEC. 7.

Section 7332.2 is added to the Business and Professions Code, to read:

7332.2.

(a) An apprentice program sponsor shall be approved by the Division of Apprenticeship Standards before being approved by the board.

(b) Notwithstanding any other law, the board may revoke, suspend, or deny approval of a program sponsor in a proceeding that 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, when an owner or employee of the program sponsor has engaged in any of the following acts:

(1) Unprofessional conduct, including, but not limited to, any of the following:

(A) Incompetence or gross negligence.

(B) Repeated similar negligent acts.

(C) Conviction of any crime substantially related to the qualifications, functions, or duties of the owner of an apprenticeship program sponsor, in which case, the records of conviction or a certified copy thereof shall be conclusive evidence of the conviction.

(D) Advertising by means of knowingly false or deceptive statements.

(2) Failure to comply with the requirements of this chapter or the Shelley-Maloney Apprentice Labor Standards Act of 1939 (Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code).

(3) Repeated failure to comply with the rules adopted by the board for the regulation of board-approved apprentice program sponsors.

(4) The making of any false statement as to a material matter in any oath or affidavit that is required by this chapter.

(5) Repeated failure to provide information pertinent to the processing of apprentice license applications or examination applications for apprentices previously in the apprenticeship program.

(6) Any action or conduct that would have warranted the denial of a license.

SEC. 7.SEC. 8.

Section 7333 of the Business and Professions Code is amended to read:

7333.

(a) The apprentice training program shall be conducted in compliance with the Shelley-Maloney Apprentice Labor Standards Act of 1939 (Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code), according to apprenticeship standards approved by the Chief of the Division of Apprenticeship Standards. A copy of the act shall be maintained on file with the board.

(b) There shall be no fees charged for an individual to participate in the apprentice program other than the actual cost of textbooks and minimum equipment.

(c) An approved program sponsor shall not franchise, sponsor, or loan their approval. All enrollment with an apprentice shall only be between the approved program sponsor and the apprentice.

(d) An approved program sponsor shall verify that the establishment where on-the-job training is being completed obtains workers’ compensation insurance, provides all services that are within the scope of practice of the licensed profession, and ensures that the apprentice is paid according to the apprenticeship agreement.

(e) An approved program sponsor shall not enter into any financial contract with an apprentice for any reason. reason other than an employment contract if the employer is also the approved program sponsor.

(f) An apprentice shall not be paid by commission, be required to rent a station within the establishment, or act as an independent contractor.

(g) A violation of this section shall be considered egregious for the purposes of Section 7407.1.

SEC. 8.SEC. 9.

Section 7334 of the Business and Professions Code is amended to read:

7334.

(a) The board may license as an apprentice in barbering, cosmetology, skin care, or nail care any person who has made application to the board upon the proper form, has paid the fee required by this chapter, and who is qualified as follows:

(1) Is over 16 years of age.

(2) Has completed the 10th grade in the public schools of this state or its equivalent.

(3) Is not subject to denial pursuant to Section 480.

(4) Has submitted evidence acceptable to the board that any training the apprentice is required by law to obtain shall be conducted in a licensed establishment and under the supervision of a licensee approved by the board.

(5) Has submitted a copy of the apprentice agreement that was entered into between the approved program sponsor and the apprentice.

(b) The board may license as an apprentice in electrolysis any person who has made application to the board upon the proper form, has paid the fee required by this chapter, and who is qualified as follows:

(1) Is not less than 17 years of age.

(2) Has completed the 12th grade or an accredited senior high school course of study in schools of this state or its equivalent.

(3) Is not subject to denial pursuant to Section 480.

(4) Has submitted evidence acceptable to the board that any training the apprentice is required by law to obtain shall be conducted in a licensed establishment and under the supervision of a licensee approved by the board.

(5) Has submitted a copy of the apprentice agreement that was entered into between the approved program sponsor and the apprentice.

(c) All persons making application as an apprentice in barbering shall also complete preapprentice training that is administered by the board for the length of time established by the board in a facility approved by the board prior to serving the general public.

(d) All persons making application as an apprentice in cosmetology, skin care, nail care, or electrology shall also complete minimum preapprentice training administered by the board for the length of time established by the board in a facility approved by the board prior to serving the general public.

(e) Apprentices may only perform services on the general public for which they have received technical training.

(f) Apprentices shall be required to obtain at least the minimum hours of technical instruction and minimum number of practical operations for each subject as specified in board regulations for courses taught in schools approved by the board, in accordance with Sections 3074 and 3078 of the Labor Code.

SEC. 9.SEC. 10.

Section 7334.1 is added to the Business and Professions Code, to read:

7334.1.

(a) The board may approve a person licensed as a barber, cosmetologist, or electrologist to provide on-the-job training to an apprentice who agrees to do all of the following:

(1) Be present at all times that the apprentice is providing services.

(2) Follow the approved apprentice program sponsor’s on-the-job training plan.

(3) Maintain accurate records to document the training provided to the apprentice and make those records available upon request by the board.

(b) A trainer shall certify they have no outstanding fines and no pending or past disciplinary actions.

(c) Failure to agree to comply with this section shall result in a trainer’s board approval being denied, and failure to comply may result in a trainer’s board approval being withdrawn, suspended, or revoked.

SEC. 10.SEC. 11.

Section 7334.2 is added to the Business and Professions Code, to read:

7334.2.

(a) The board may approve an establishment to employ a person licensed as a barber, cosmetologist, or electrologist to provide on-the-job training to an apprentice who agrees to ensure all of the following:

(1) The apprentice is in the establishment and in the presence of their assigned trainer at all times that the apprentice is providing services.

(2) The trainer maintains accurate records to document the training provided to the apprentice and makes those records available upon request by the board.

(3) The establishment possesses workers’ compensation insurance for the entire duration that the apprentice is employed.

(4) The establishment pays the apprentice an hourly wage in accordance with the apprentice agreement. An apprentice shall not rent a booth, be classified as an independent contractor, have wages paid by commission, or be paid by the service.

(b) The establishment shall certify it has no outstanding fines and no pending or past disciplinary actions.

(c) Failure to agree to comply with this section shall result in an establishment’s board approval to employ apprentice trainers being denied. Failure to comply with this section may result in the establishment’s board approval to employ apprentice trainers being withdrawn, suspended, or revoked.

SEC. 11.SEC. 12.

Section 7334.5 is added to the Business and Professions Code, to read:

7334.5.

Failure to comply with this chapter and all laws and regulations applicable to apprenticeships by the trainer, establishment owner, or apprenticeship program sponsor is grounds for disciplinary action, citation and fines, and prohibition from hiring future apprentices.

SEC. 12.SEC. 13.

Section 7347 of the Business and Professions Code is amended to read:

7347.

(a) Any person, firm, partnership, limited liability company, or corporation desiring to operate an establishment shall make an application to the board for a license accompanied by the fee prescribed by this chapter. The application shall be required whether the person, firm, partnership, limited liability company, or corporation is operating a new establishment or obtaining ownership of an existing establishment. The application shall include a signed acknowledgment that the applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, the applicant is provided by the board with the application. Every electronic application to renew a license shall include a signed acknowledgment that the renewal applicant understands that establishments are responsible for compliance with any applicable labor laws of the state and that the applicant understands the informational materials on basic labor laws, as specified in Section 7314.3, that the renewal applicant is provided by the board with the renewal application. If the applicant is obtaining ownership of an existing establishment, the board may establish the fee in an amount less than the fee prescribed by this chapter. The applicant, if an individual, or each officer, director, and partner, if the applicant is other than an individual, shall not have committed acts or crimes which are grounds for denial of licensure in effect at the time the new application is submitted pursuant to Section 480. A license issued pursuant to this section shall authorize the operation of the establishment only at the location for which the license is issued. Operation of the establishment at any other location shall be unlawful unless a license for the new location has been obtained upon compliance with this section, applicable to the issuance of a license in the first instance.

(b) Failure of an establishment licensed to do business as a corporation or limited liability company in this state to be registered and in good standing with the Secretary of State after notice from the board shall result in the automatic suspension of the license by operation of law. The board shall notify the licensee in writing of its failure to be registered and in good standing with the Secretary of State and that the licensee shall be suspended 30 days from the date of the notice if the licensee does not provide proof satisfactory to the board that it is properly registered and in good standing with the Secretary of State. Reinstatement may be made at any time following the suspension by providing proof satisfactory to the board that the license is properly registered and in good standing.

SEC. 13.SEC. 14.

Section 7348 of the Business and Professions Code is amended to read:

7348.

An establishment shall be in the charge of a person licensed pursuant to this chapter as a barber, cosmetologist, electrologist, esthetician, hairstylist, manicurist, or establishment at all times during which barbering, cosmetology, electrology, esthetics, hairstyling services, or manicuring are being performed in the establishment.

SEC. 15.

Section 7362 of the Business and Professions Code is amended to read:

7362.

(a)A school of cosmetology, barbering, or electrology shall not operate without first being approved by the board.

(a) A school approved by the board is one that is first approved by the board and subsequently approved by the Bureau for Private Postsecondary Education or is a public school in this state, and provides a course of instruction approved by the board. However, notwithstanding any other law, both the board and the Bureau for Private Postsecondary Education may simultaneously process a school’s application for approval.

(b) Notwithstanding any other law, the board may revoke, suspend, or deny approval of a school, in a proceeding that 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, when an owner or employee of the school has engaged in any of the acts specified in paragraphs (1) to (8), inclusive.

(1) Unprofessional conduct which includes, but is not limited to, any of the following:

(A) Incompetence or gross negligence, including repeated failure to comply with generally accepted standards for the practice of barbering, cosmetology, or electrology, or disregard for the health and safety of patrons.

(B) Repeated similar negligent acts.

(C) Conviction of any crime substantially related to the qualifications, functions, or duties of the owner of an approved school, in which case, the records of conviction or a certified copy thereof shall be conclusive evidence of the conviction.

(2) Repeated failure to comply with the rules governing health and safety adopted by the board and approved by the State Department of Public Health, for the regulation of board-approved schools.

(3) Repeated failure to comply with the rules adopted by the board for the regulation of board-approved schools.

(4) Continued practice by a person knowingly having an infectious or contagious disease.

(5) Habitual drunkenness, or habitual use of, or addiction to the use of, any controlled substance.

(6) Obtaining or attempting to obtain practice in any occupation licensed and regulated under this chapter, or money, or compensation in any form, by fraudulent misrepresentation.

(7) Refusal to permit or interference with an inspection authorized under this chapter.

(8) Any action or conduct that would have warranted the denial of a school approval.

SEC. 16.

Section 7362.1 of the Business and Professions Code is amended to read:

7362.1.

A school of cosmetology approved by the board shall also meet all of the following:

(a) Possess the equipment and floor space necessary for comprehensive instruction of 25 cosmetology students or the number of students enrolled in the course, whichever is greater.

(b) Maintain a course of practical training and technical instruction for the full cosmetology course as specified in this chapter and in board regulations. A course of instruction in any branch of cosmetology shall be taught in a school of cosmetology.

SEC. 17.

Section 7362.2 of the Business and Professions Code is amended to read:

7362.2.

A school of barbering approved by the board shall also do all of the following:

(a) Possess the equipment and floor space necessary for comprehensive instruction of 15 barber students or the number of students enrolled in the course, whichever is greater.

(b) Maintain a course of practical training and technical instruction for the full barbering course as specified in this chapter and in board regulations.

SEC. 18.

Section 7362.3 of the Business and Professions Code is amended to read:

7362.3.

A school of electrology approved by the board shall also do all of the following:

(a) Possess the equipment and floor space necessary for comprehensive instruction of five electrology students or the number of students enrolled in the course, whichever is greater.

(b) Maintain a course of practical training and technical instruction for the full electrology course as specified in this chapter and in board regulations.

SEC. 14.SEC. 19.

Section 7407.1 of the Business and Professions Code is amended to read:

7407.1.

(a) The board shall determine by regulation when a fine shall be assessed to both the holder of the establishment license and the individual licensee for the same violation. The board shall also determine by regulation when a fine shall be assessed to only the holder of the establishment license or to only an individual licensee for the same violation. In making these determinations, the board shall consider the egregiousness of the violation of the health and safety regulations and whether the violation is a repeated violation by licensees within the same establishment.

(b) (1) The board shall establish by regulation a board-approved remedial education program, and shall require completion of the program within a specified timeframe in lieu of imposing a fine for a first offense of a health and safety violation. The board shall establish the specified timeframe for completion of the program by regulation. If the program is not completed within the allotted time, the board shall impose the penalty that would have otherwise been imposed for the violation.

(2) The board board, or its designee, may impose a fee to cover the reasonable regulatory cost of administering the program described in paragraph (1).

SEC. 15.SEC. 20.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.