BILL ANALYSIS
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|Hearing Date:June 27, 2005 |Bill No:AB |
| |1263 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC
DEVELOPMENT
Senator Liz Figueroa, Chair
Bill No: AB 1263Author:Yee
As Amended:June 20, 2005 Fiscal: Yes
SUBJECT: Barbering and cosmetology: equipment.
SUMMARY: Requires the Board of Barbering and Cosmetology
(Board) to adopt regulations on or before July 1, 2006,
that sets forth standards and proper protocol for the use
of disinfectants between patrons in all salons providing
manicure and pedicure services.
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, for disinfecting instruments
and equipment regulations.
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4)Requires that all non-electric instruments be disinfected
before use upon a patron by total immersion in an
EPA-registered disinfectant with demonstrated
bactericidal, fungicidal and virucidal activity, used
according to the manufacturer's instruction.
5)Requires 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.
6)Requires 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.
7)Requires that each pedicure spa be cleaned and
disinfected daily, in addition to after each patron, as
specified.
8)Requires that each pedicure spa be cleaned and
disinfected bi-weekly, in addition to after each patron
and daily, as specified.
9)Requires 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.
10) Establishes that a violation of any of the
regulations relative to disinfecting, is a citable
offense that may result in a fine or disciplinary action
by the Board.
11) Authorizes the Executive Officer, upon written
notice, to immediately close any establishment which,
upon completion of an inspection, is found to have health
and safety violations of such a severe nature as to pose
an immediate threat to public health and safety.
12) Requires the Executive Officer to issue a written
notice of suspension of the establishment license
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including the grounds therefore and a notice of closure.
The notice of closure shall be posted at the
establishment so as to be clearly visible to the general
public and to patrons.
13) Requires the notice of suspension to remain posted
until removed by the Executive Officer, but shall be in
effect for no longer than 30 days. Removal of the notice
of suspension by any person other than the Executive
Officer or designated representative, or the refusal of
an establishment to close upon issuance of the written
notice of suspension of the establishment license is a
violation of this chapter and may result in sanctions, as
authorized.
This bill:
1)Requires the Board to 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:
a) Establishes minimum safety specifications for
pedicure equipment.
b) Requires the use of disinfectants registered at a
level for instrument disinfection by the Federal
Environmental Protection Agency.
c) Establishes procedures to ensure the proper and
safe operation of pedicure spa equipment.
d) Establishes 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.
e) 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 EPA
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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.
f) If the appropriate technology is available,
establishes minimum safety specifications and other
requirements for the manufacture of new whirlpool
pedicure equipment and the modification of existing
whirlpool equipment.
g) Establishes accountability procedures and
notification requirements to customers 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.
2)Requires 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 and Prevention.
3)Requires the Board to establish, pursuant to Business and
Professions Code Section 125.9, penalties, including
remediation requirements, for licensees and
establishments that violate regulations adopted pursuant
to this section.
4)Requires the Board to 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
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spa.
FISCAL EFFECT: According to the Assembly Committee on
Appropriations analysis dated May 11, 2005, the costs to
adopt the required regulations are absorbable.
COMMENTS:
1.Purpose. According to AmeriSpa, LLC (Sponsor), this is
a major health and safety issue. Many consumers getting
manicure and pedicure services are experiencing bacterial
infections at various nail salons across the state.
These infections are due to use of disinfectants that are
not EPA Registered; improper use of registered
disinfectants; and improper procedures in cleaning the
pedicure equipment, implements and tools.
The consequences of these infections are very serious.
Most consumers in affected areas are afraid to have
pedicure and nail services of any kind.
AB 1263 would help address these concerns by requiring the
Board of Barbering and Cosmetology to establish more
stringent safety standards.
2.Background. According to the Author, in 1999 and 2000,
there was an outbreak of infection from a pedicure salon
in Watsonville, California, affecting more than 100
women. In November 2004, a growing number of people
started complaining of leg lesions and infections on
their legs in San Jose. This time, there were 27 salons
involved and over 120 people infected with mycobacterial
infections as a result of pedicures. Although many of
these salons were following the cleaning and disinfecting
guidelines for foot baths as set by California law,
different mycobacteria are involved; mycobacterium
chelonea and controlling these requires stronger
sanitation practices. Mycobacterium chelonea are germs
that live in tap water and the soil. It is in the same
category of non-tuberculosis mycobacteria, also known as
NTM and RGM, Rapidly Growing Mycobacteria, as the
previous outbreak in Watsonville, but differs in that
mycobacterium chelonea infections can be very difficult
to treat, and colonizes more quickly, sometimes in less
than three days.
Unfortunately, current pedicure cleaning and disinfecting
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rules were not fully protective enough given the tenacity
of mycobacterium chelonea and other RGM. The section of
the current California pedicure rule that requires soap
be run through the unit for 5 to 10 minutes at the end of
each day does not specify that the soap must be a
surfactant or enzymatic soap or detergent. Another
factor contributing to the outbreak is that most
licensees involved apparently did not understand how to
apply the current rules. For example, few licensees
understood that an EPA disinfectant must be circulated
through the pedicure equipment for 10 minutes after every
client; otherwise, it actually increases the risk of
infection.
3.Related Legislation. SB 362 (Figueroa, Chapter 788,
Statutes of 2003) established authority for the Board of
Barbering and Cosmetology to temporarily close an
establishment for egregious health and safety violations
that constitute an immediate threat to public health and
safety. These provisions were enacted as a result of an
outbreak of infections from a pedicure salon in
Watsonville in 2000, The legislation was introduced to
give greater enforcement authority when an establishment
poses an immediate public health and safety threat.
Unfortunately, it was found that the Board lacked the
authority to immediately shut down an establishment
without having to go through the courts to obtain an
interim suspension order. The bill authorized the Board
to suspend the operation of an establishment for up to 30
days upon finding egregious health and safety violations
constituting an immediate threat to public health and
safety.
4.Why Surfactants and Enzymatics? According to Nancy King,
Executive Director of the nonprofit Foundation for Safety
in Cosmetology , pedicure products contain oils and
lotions, which are particularly difficult to break down
in a foot spa. The resulting residue in the footbath
cannot be completely removed with regular detergents or
anti-microbial soaps. Surfactant and enzymatic cleaners
are the best types of detergents to break down this
residue, thus allowing disinfectants to kill any
remaining germs.
If the wrong type of soap is used, then bio-film, proteins
and oils will not be completely removed, and accordingly,
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disinfectants are not going to work properly.
EPA-registered disinfectants, alcohol, and bleach are
less effective when there is a large presence of organic
matter such as bio-film, proteins, and oils. Cleaning is
more important than disinfecting in the salon. If
cleaning is not done correctly or the wrong cleaner is
used, disinfectants will not effectively kill
mycobacteria. Surfactants and enzymatics are strong
enough to clean bio-film and residue in foot spas to
enable disinfectants to effectively kill any remaining
germs.
There are many EPA registered disinfectant products
available to the beauty industry containing enzymatic and
surfactant cleaners. These products clean and disinfect
in one step, provided that it is circulated through
pedicure equipment for 10 minutes after each client.
These one-step cleaners and disinfectants can also be
used at the end of each day to remove residue and
organisms in pedicure equipment.
Bleach is EPA registered as both a hospital and
tuberculocide and is an effective disinfectant, however
bleach cannot be mixed with surfactants, requires
pre-cleaning with surfactant detergent, and high
concentrations can damage some metals, plastics and
internal components of whirlpool equipment. Correct
dilution of bleach is paramount, and cannot be mixed with
quaternary ammonium disinfectants (results in poisonous
gas). A tuberculocidal product containing phenol should
never be used in pedicure equipment. Phenolics damage
plastic surfaces and create areas where germs can
accumulate.
AB 1263 addresses the problem of bacterial infections at
nail salons that stem from operators not practicing
proper procedures and protocol for sanitizing and
disinfecting nail salon equipment. This bill sets forth
standards and requirements for the use of pedicure
equipment, including procedures to ensure the proper and
safe operation of pedicure spa equipment. In addition,
AB 1263 establishes accountability and notification
requirements to customers and establishes penalties for
violations of these regulations.
5.Arguments in Support. Amerispa and Amerikleen indicate
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that these outbreaks are due largely to the use of
improper disinfectants and employing incorrect procedures
to disinfect whirlpool pedicure spas, basins and other
pedicure equipment. AB 1263 addresses these issues by
placing into statute safety requirements on pedicure
equipment and requiring salon operators to follow proper
disinfecting procedures. By adopting these procedures,
consumers will be protected and will be provided safe
conditions in which to receive a pedicure.
6.Recommended Amendments. In reviewing materials relating
to the problems which prompted the introduction of this
bill, Committee staff notes that simple steps by
consumers could also help prevent such outbreaks. An
appropriate step would be for establishments that perform
pedicures to prominently display a notice that advises
patrons to not shave or wax their legs just prior to
having a pedicure, and to not have a pedicure if there
are any open wounds in or near feet and legs.
The Committee may wish to consider amendments which would
require the Board to establish a consumer notice that
must be prominently displayed in establishments that
perform pedicures.
SUPPORT AND OPPOSITION:
Support:
Amerispa (Sponsor)
Amerikleen
Board of Barbering and Cosmetology
Opposition:
None received as of June 23, 2005
Consultant: Kathleen Sullivan