BILL NUMBER: AB 1263	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2005
	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   manicure and pedicure
services  . 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.
  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)  Require minimum   Establish minimum
safety specifications for whirlpool pedicure foot equipment. The
board may consider  safety specifications on all electrical
equipment used in  salons   all salons providing
manicure and pedicure services  to be approved and certified by
Underwriters Laboratories, Inc. or Canadian Standards Association.
   (2) Require the use of disinfectants 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. 
    (4)    Establish proper protocols for
disinfecting all multiuse tools and equipment between patrons  in
all salons providing manicure and pedicure services  . The time
of contact shall be 10 minutes and the disinfection shall be by
complete immersion on nonporous items such as, but not limited to,
 combs, brushes,  cuticle nippers, pushers, electric
file bits, and nail files.  
   (4) 
    (5)  All equipment that holds water for pedicures,
including whirlpool spas, pipe-less whirlpool spas, footbaths,
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) 
    (6)  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) 
    (7)  Establish accountability procedures and
notification requirements to customers that proper cleaning and
disinfection procedures have been followed on all multiuse tools and
equipment prior to providing any  salon service including,
but not limited to, manicures and pedicure.   manicure
and pedicure salon service. 
   (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   manicure and pedicure services
 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.