BILL ANALYSIS
AB 1263
Page 1
Date of Hearing: April 26, 2005
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Gloria Negrete McLeod, Chair
AB 1263 (Yee) - As Amended: April 20, 2005
SUBJECT : Barbering and Cosmetology: pedicure equipment.
SUMMARY : Requires the Board of Barbering and Cosmetology
(Board) to adopt regulations on or before January 1, 2007 that
set forth standards and requirements for the use of pedicure
equipment. Specifically, this bill :
1)Requires the Board to adopt regulations on or before January
1, 2007, relative to the use of pedicure equipment, that do
all of the following:
a) Establish minimum safety specifications for pedicure
equipment.
b) Require the use of disinfectants registered at a level
for instrument disinfection by the Federal Environmental
Protection Agency (EPA).
c) Establish procedures to ensure the proper and safe
operation of pedicure spa equipment.
d) Establish proper protocols for disinfecting all multiuse
tools and equipment between patrons in all salons providing
manicure and pedicure services.
e) Require all equipment that holds water for pedicures, to
be cleaned of all visible debris and residue after use of
each patron, and then disinfected by circulating, or to
remain in wet contact with all surfaces of the pedicure
appliance or equipment, the correct dilution of
disinfectant through the unit for 10 minutes.
f) Establish minimum safety specifications and other
requirements for the manufacture of new whirlpool pedicure
equipment and the modification of existing whirlpool
equipment.
g) Establish accountability procedures and notification
requirements to customers that proper cleaning and
AB 1263
Page 2
disinfection procedures have been followed on all multiuse
tools and equipment prior to providing any manicure and
pedicure salon service.
h) Require the Board to 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.
i) Require the Board to conspicuously display a notice in a
violator's place of business or employment of license
violations.
2)Requires the Board to also establish penalties, including
remediation requirements, for licensees and establishments
that violate health and safety regulations, in general.
EXISTING LAW :
1)Establishes under the Department of Consumer Affairs (DCA) the
Board of Barbering and Cosmetology, which has the full
authority provided by the Barbering and Cosmetology Act, to
regulate the practice of barbering and the practice of
cosmetology, as defined.
2)Provides that the practice of cosmetology includes nail care,
defined as the practice of cutting, trimming, polishing,
coloring, tinting, cleaning, or manicuring the nails of any
person or massaging, cleansing, or beautifying the hands or
feet of any person.
3)Authorizes the Board to provide for an examination and
qualification criteria for an applicant to be licensed as a
manicurist. Among conditions that must be satisfied is course
completion in nail care from a school approved by the Board.
This nail care course work must include 10 technical hours and
10 practical operation hours of instruction in disinfection
and sanitation, as provided for under Board regulations,
pursuant to disinfecting instruments and equipment regulations
in current Board regulations. These regulations:
a) Require that all non-electric instruments be disinfected
before use upon a patron by total immersion in an
AB 1263
Page 3
EPA-registered disinfectant with demonstrated bactericidal,
fungicidal and virucidal activity, used according to the
manufacturer's instruction.
b) Require that all electrical instruments be disinfected
prior to each use by an EPA-registered disinfectant with
demonstrated bactericidal, fungicidal and virucidal
activity, used according to the manufacturer's instruction.
c) Require that each pedicure spa be disinfected after use
upon a patron by an EPA-registered disinfectant with
demonstrated bactericidal, fungicidal and virucidal
activity, used according to the manufacturer's instruction.
d) Require that each pedicure spa be cleaned and
disinfected daily, in addition to after each patron, as
specified.
e) Require that each pedicure spa be cleaned and
disinfected bi-weekly, in addition to after each patron and
daily, as specified.
f) Require that a record be kept by the operator of the
pedicure spa equipment as to the time and date of each
daily and bi-weekly cleaning and disinfecting, and make
related specified conditions as to the availability of the
record.
g) Establish that a violation of any of the regulations
relative to disinfecting, a citable offense that may result
in a fine or disciplinary action by the Board.
FISCAL EFFECT : Unknown
COMMENTS : This bill codifies current Board regulations in place
with certain exceptions. However, this bill will require that
the Board add to regulation a remediation requirement for all
licensees and establishments that violate Board health and
safety provisions.
Purpose of the bill . According to the sponsor, Amerispa, the
recent outbreak of bacterial infections at nail salons and
pedicure salons stems from operators not practicing proper
procedures and protocol for sanitizing and disinfecting nail
salon equipment. "AB 1263 addresses this problem by requiring
AB 1263
Page 4
the Barbering and Cosmetology Board to establish safety
standards for salons and pedicure foot spas."
Opposition . The Professional Beauty Federation of California
opposes the bill unless amended to limit the provision relating
to remediation for licensees and establishments that violate the
health and safety code. PBFC believes that this subdivision is
too broad and would force the Board to require remediation for
all licensees regulated by the Board, not just those provided
for under this section.
Technical amendment .
Page 2, line 21, replace lower case "f" with capitalized "F" in
"federal".
REGISTERED SUPPORT / OPPOSITION :
Support
Amerispa (sponsor)
Opposition
Professional Beauty Federation of California
Analysis Prepared by : Tracy Rhine / B. & P. / (916) 319-3301