BILL NUMBER: AB 1263	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2005
	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 pedicure equipment. The bill would require these
standards to be kept current with specified state and federal agency
standards. The bill would also require the board to establish
penalties, including remediation requirements, for violations of
 health and safety   these  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
pedicure equipment that do all of the following:
   (1) Establish minimum safety specifications for pedicure
equipment.
   (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 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, 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.
   (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.
   (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.
   (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
  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.