BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1263
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1263 (Yee)
          As Amended September 8, 2005
          Majority vote
           
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          |ASSEMBLY:  |74-3 |(June 1, 2005)  |SENATE: |22-13|(September 8,  |
          |           |     |                |        |     |2005)          |
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           Original Committee Reference:    B. & P.

          SUMMARY  :  Requires the Board of Barbering and Cosmetology  
          (Board) to adopt regulations on or before July 1, 2006, 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 July 1,  
            2006, 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 United States  
               Environmental Protection Agency (U.S. 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 by  
               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  








                                                                  AB 1263
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               equipment, if appropriate technology is available;

             g)   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; and,

             h)   Require the Board to conspicuously display a notice of  
               license violations in a violator's place of business or  
               employment.

          2)Requires the Board to keep disinfection standards and  
            protocols current with standards set by the State Department  
            of Health Services, U.S. EPA and the United States Centers for  
            Disease Control and Prevention.

          3)Requires the Board to also establish penalties for licensees  
            and establishments that violate the health and safety  
            regulations pursuant to this bill.  

          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 open wounds in or near the feet or legs.

          5)Requires the Board to conspicuously display a notice in a  
            violator's place of business or employment for specified  
            violations.

           The Senate amendments  :

          1)Require the Board to adopt regulations pursuant to the  
            provisions of this bill by July 1, 2006.

          2)Specify the type of disinfectant to be used for cleaning  
            multi-use and pedicure equipment.

          3)Require 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 open wounds in or near the feet or legs.

          4)Require the Board to display a notice in a violator's place of  
            business or employment if the operator has failed to  








                                                                  AB 1263
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            prominently display the consumer notice advising patrons not  
            to shave or wax prior to a pedicure and/or to avoid a pedicure  
            if the patron has open wounds in or near the feet or legs. 

           AS PASSED BY THE ASSEMBLY  , this bill required the Board to adopt  
          regulations on or before January 1, 2007, that set forth  
          standards and requirements for the use of pedicure equipment. 

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee analysis:

          1)Additional ongoing special fund costs of $340,000 for four new  
            positions for inspecting pedicure spa equipment and one  
            position to track, schedule, and oversee the remediation  
            program.

          2)Unknown additional contract costs to provide the remediation  
            program.

           COMMENTS  :  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 the Barbering and  
          Cosmetology Board to establish safety standards for salons and  
          pedicure foot spas."


           Analysis Prepared by  :    Tracy Rhine / B. & P. / (916) 319-3301 
                                                                FN: 0013148