BILL NUMBER: AB 1263	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 4, 2005

INTRODUCED BY   Assembly Member Yee

                        FEBRUARY 22, 2005

   An act to add Section 7350.1 to the Business and Professions Code,
relating to barbering and cosmetology.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1263, as amended, Yee.  Barbering and cosmetology  :
equipment  .
   Under existing law, the Barbering and Cosmetology Act, the State
Board of Barbering and Cosmetology licenses and regulates persons
engaged in the practice of barbering and cosmetology, and makes a
violation of the act a misdemeanor.  Existing law requires an
establishment in which cosmetology is practiced to be licensed by the
board.
   This bill would require the board to adopt regulations on or
before January 1, 2007, that set forth standards and requirements for
the use of whirlpool pedicure foot equipment.  The bill would
require these standards to be kept current with specified state and
federal agency standards. The bill would require the board to develop
health and safety standards to ensure individuals remain competent
to practice cosmetology. The bill would also require the board to
establish penalties for violations of these   regulations
and to display a notice in a violators place of business or
employment for specified violations. 
   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.    Due to the recent outbreaks of serious infections
and the lack of standards for the proper disinfection of pedicure
equipment in California, it is imperative that the safety of
manicure, pedicure, and all nail salon customers be assured. This can
only be accomplished by the adoption of regulations that will not
only require, but will also ensure that proper safety requirements
are followed. 
   SECTION 1. 
   SEC. 2.   Section 7350.1 is added to the  Business and
Professions Code , to read:
   7350.1.  (a) The board shall adopt regulations on or before
January 1, 2007, that set forth standards and requirements for the
use of whirlpool pedicure foot equipment that do all of the
following:  
   (1) Establish minimum safety specifications for whirlpool pedicure
foot equipment.  
   (1) Require minimum safety specifications on all electrical
equipment used in salons to be approved and certified by Underwriters
Laboratories, Inc. or Canadian Standards Association. 
   (2) Require the use of disinfectants  approved 
 registered at a level for instrument disinfection  by the
federal Environmental Protection Agency.  
   (3) Establish procedures to ensure the proper and safe operation
of pedicure foot spas.  
   (b)  
   (3) Establish proper protocols for disinfecting all multiuse tools
and equipment between patrons. The time of contact shall be 10
minutes and the disinfection shall be by complete immersion on
non‑porous items such as, but not limited to, combs, brushes,
cuticle nippers, pushers, electric file bits, and nail files. 

   (4) All equipment that holds water for pedicures, including
whirlpool spas, pipe-less whirlpool spas, foot baths, basins, tubs,
sinks, and bowls shall be cleaned of all visible debris and residue
after use of each patron, and then disinfected by circulating, where
applicable, or to remain in wet contact with all surfaces of the
pedicure appliance or equipment, regardless of mechanical
configuration, the correct dilution of disinfectant through the unit
for 10 minutes. Automated systems for cleaning and disinfecting in
accordance with this provision are acceptable and preferred. Where
applicable, the disinfectant is to remain in wet contact with all
surfaces of the pedicure appliance and pedicure equipment, regardless
of the mechanical configuration.   
   (5) If the appropriate technology is available, establish minimum
safety specifications and other requirements for the manufacture of
new whirlpool pedicure equipment and the modification of existing
whirlpool equipment to ensure that the proper disinfectant is used
for the appropriate duration.   
   (6) Establish accountability procedures and notification
requirements to customers that proper cleaning and disinfection
procedures have been followed on all multi‑use tools and
equipment prior to providing any salon service including, but not
limited to, manicures and pedicure.   
   (b) The board shall keep disinfection standards and protocols
current with standards set by the State Department of Health
Services, the United States Environmental Protection Agency, United
States Centers for Disease Control and Prevention, and the
Association for Professionals in Infection Control and Epidemiology.
 
   (c) The board shall develop health and safety standards and
measures for assuring individuals remain competent to practice
cosmetology and to require remediation for those who do not meet the
established standards.  
    (d)   (1)    The board shall also
establish, pursuant to Section 125.9, penalties for licensees and
establishments that violate regulations adopted pursuant to this
section.   
   (2) The board shall conspicuously display a notice in a violators
place of business or employment if any or all of the following
occurs:   
   (A) The board has revoked, suspended, or denied a license to
operate a nail salon or pedicure foot spa.   
   (B) The board has assessed a fine or penalty, has issued a
citation, or taken other disciplinary action against an operator of a
nail salon or pedicure foot spa.   
   (3) The board shall post a listing of violators on its Web site,
including the violator's business address and a description of the
violation.