BILL ANALYSIS
AB 1263
Page 1
GOVERNOR'S VETO
AB 1263 (Yee)
As Amended September 8, 2005
2/3 vote
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|ASSEMBLY: |74-3 |(June 1, 2005) |SENATE: |22-13|(September 8, |
| | | | | |2005) |
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|ASSEMBLY: |59-16|(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;
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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
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 :
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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
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."
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GOVERNOR'S VETO MESSAGE :
I strongly support ensuring the safety of pedicure
patrons, however, this measure presents more problems
than it solves. While some provisions in this bill
are duplicative of existing regulations, it also
contains provisions that could significantly harm
innocent businesses. This bill could shift
responsibility for ensuring the safety of equipment
from manufacturers to the Board of Barbering and
Cosmetology (Board), which may have the unintended
consequence of placing the Board in the position of
assuming liability, in lieu of the manufacturer, for
pedicure equipment.
To ensure the safety of pedicure patrons, I am
directing the Department of Consumer Affairs to
convene a working group consisting of the Board,
county health officials, consumer groups, and pedicure
equipment manufacturers, and other interested parties,
to determine how we can improve the safety of pedicure
equipment and ensure appropriate consumer protection
without the unintended consequences created by this
bill.
Analysis Prepared by : Tracy Rhine / B. & P. / (916) 319-3301
FN: 0013475