BILL NUMBER: AB 1263	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2005
	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
manicure and pedicure services.  The bill would also require
the board to establish penalties  , including remediation
requirements,  for violations of  these  
health and safety  regulations.
   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   pedicure 
equipment that do all of the following:
   (1) Establish minimum safety specifications for  whirlpool
pedicure foot   pedicure  equipment.  The
board may consider safety specifications on all electrical equipment
used in 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   spa equipment  .
   (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, cuticle nippers, pushers, electric file bits,
and nail files.
   (5) All equipment that holds water for pedicures, including
whirlpool spas,  pipe-less   pipeless 
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.   . 
   (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.   . 
   (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 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,  and
the  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
manicure and pedicure services and to require remediation for those
who do not meet the established standards.   
   (d) 
    (c)  (1) The board shall also establish, pursuant to
Section 125.9, penalties  , including remediation requirements,
 for licensees and establishments that violate  health and
safety  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.