BILL NUMBER: AB 1263	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 8, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2005
	AMENDED IN SENATE  SEPTEMBER 8, 2005
	AMENDED IN SENATE  SEPTEMBER 2, 2005
	AMENDED IN SENATE  JULY 12, 2005
	AMENDED IN SENATE  JUNE 20, 2005
	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, 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 July 1, 2006, 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 for violations of these regulations and to develop consumer
notices, as specified, to be displayed in pedicure foot spas.


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 patrons 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 July
1, 2006, 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 U.S. 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, automated systems for cleaning and disinfecting,
pipeless whirlpool spas, footbaths, basins, tubs, sinks, and bowls
shall be cleaned of all visible debris and residue after use of each
patron with a surfactant detergent or a U.S. Environmental Protection
Agency registered disinfectant containing high levels of surfactant
detergents, 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 throughout 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 patrons that proper cleaning and disinfection
procedures have been followed on all multiuse tools and equipment,
including, but not limited to, automated systems for cleaning and
disinfecting, 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 U.S. 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 for licensees and establishments that violate regulations
adopted pursuant to this section.
   (2) The board shall develop a notice to be prominently displayed
in pedicure foot spas that advises patrons not to shave or wax their
legs prior to a pedicure and not to have a pedicure if they have any
open wounds in or near their feet or legs.
   (3) The board shall conspicuously display a notice in a violator's
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.
   (C) An operator of a pedicure foot spa failed to prominently
display the consumer notice as specified in paragraph (2) of this
subdivision.