BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1263|
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THIRD READING
Bill No: AB 1263
Author: Yee (D)
Amended: 9/8/05 in Senate
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEVELOP. COMM : 4-1, 6/27/05
AYES: Figueroa, Morrow, Murray, Simitian
NOES: Aanestad
NO VOTE RECORDED: Campbell, Florez
SENATE APPROPRIATIONS COMMITTEE : 8-5, 8/25/05
AYES: Migden, Alarcon, Alquist, Escutia, Florez, Murray,
Ortiz, Romero
NOES: Aanestad, Ashburn, Battin, Dutton, Poochigian
ASSEMBLY FLOOR : 74-3, 6/1/05 - See last page for vote
SUBJECT : Barbering and cosmetology: equipment
SOURCE : AmeriSpa
DIGEST : This bill requires the Board of Barbering and
Cosmetology 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.
Senate Floor Amendments of 9/8/05 remove the provision
exempting court action from being brought against the Board
of Barbering and Cosmetology or the state because of any
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regulations adopted pursuant to the bill.
Senate Floor Amendments of 9/2/05 address the concerns of
the Department of Finance regarding the liability for the
pedicure equipment being the responsibility of the
manufacturer and not the Barbering and Cosmetology Boards.
ANALYSIS :
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.
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
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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
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
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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
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
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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 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.
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, for
licensees and establishments that violate regulations
adopted pursuant to this section.
4. Requires the board to 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.
5. 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.
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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 failed to prominently display to
consumer notice as specified.
Background
According to the author's office, 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
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.
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2005-06 2006-07
2007-08 Fund
Draft regulations $75 $75 $0
Special*
Enforcement $150 $300 $300
Special*
*Barbering and Cosmetology Fund (fee supported)
SUPPORT : (Verified 8/25/05)
AmeriSpa (source)
Amerikleen
Board of Barbering and Cosmetology
OPPOSITION : (Verified 8/25/05)
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Department of Finance
ARGUMENTS IN SUPPORT : According to AmeriSpa, LLC, the
source of the bill, 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. This bill would
help address these concerns by requiring the Board of
Barbering and Cosmetology to establish more stringent
safety standards.
ARGUMENTS IN OPPOSITION : The Department of Finance was
opposed to this bill for the following reasons: (1) it
creates additional 2005-06 costs without an appropriation
to support the increased expenditures, (2) the revenues
that would be generated by this bill do not appear
sufficient to support the estimated program costs, (3)
provisions in this bill could be interpreted to mean that
the Board, in lieu of the manufacturer, would assume
liability for the pedicure equipment. This ambiguity could
create significant legal costs for the Board to defend
against actions brought by consumers.
ASSEMBLY FLOOR :
AYES: Aghazarian, Baca, Bass, Benoit, Berg, Bermudez,
Blakeslee, Bogh, Calderon, Canciamilla, Chan, Chavez,
Chu, Cogdill, Cohn, Coto, Daucher, De La Torre, Dymally,
Emmerson, Evans, Frommer, Garcia, Goldberg, Hancock,
Harman, Jerome Horton, Shirley Horton, Houston, Huff,
Jones, Karnette, Keene, Klehs, Koretz, La Malfa, La Suer,
Laird, Leno, Levine, Lieber, Liu, Matthews, Maze,
McCarthy, Montanez, Mountjoy, Mullin, Nakanishi, Nation,
Nava, Negrete McLeod, Niello, Oropeza, Parra, Pavley,
Plescia, Richman, Ridley-Thomas, Sharon Runner, Ruskin,
Saldana, Salinas, Spitzer, Strickland, Torrico, Tran,
Umberg, Vargas, Villines, Wolk, Wyland, Yee, Nunez
NOES: DeVore, Haynes, Walters
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NO VOTE RECORDED: Arambula, Gordon, Leslie
JJA:nl 9/8/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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