BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 300
                                                                  Page  1

          Date of Hearing:   March 22, 2011

                            ASSEMBLY COMMITTEE ON HEALTH
                              William W. Monning, Chair
                      AB 300 (Ma) - As Amended:  March 10, 2011
           
          SUBJECT  :   Safe Body Art Act.

           SUMMARY  :   Imposes minimum statewide standards for the 
          regulation of practitioners engaged in the business of 
          tattooing, body piercing, and the application of permanent 
          cosmetics in California.  Specifically,  this bill  :  

          1)Repeals existing law governing the development of body art 
            standards for persons engaged in the business of tattooing, 
            body piercing, or permanent cosmetics.

          2)Prohibits a person from performing body art if he or she is 
            not registered with the local enforcement agency (LEA).

          3)Requires the applicant to provide specified information as a 
            condition of registration including, among other things, the 
            following: evidence of current Hepatitis B vaccination; 
            evidence of completion of training in bloodborne pathogens, 
            first aid, and CPR; proof that he or she is 18 years or older; 
            self-certification of knowledge and commitment to state law 
            and relevant local regulations; and, payment of a registration 
            fee, to be determined by the LEA in an amount sufficient to 
            cover actual administrative costs.

          4)Requires a practitioner to display the registration 
            certificate in a readily visible place at the facility where 
            the practitioner is performing body art and makes a valid and 
            current registration issued by a LEA valid in any other 
            jurisdiction for no more than five consecutive days, or 15 
            days total, in any one calendar year.  Requires a 
            practitioner's registration to be renewed annually.

          5)Prescribes a number of hygiene and sanitation procedures for a 
            practitioner to follow before performing body art and at the 
            completion of the procedure.  Directs the practitioner to 
            maintain a clean and sanitary environment, as specified.

          6)Prescribes various requirements for commercially manufactured 
            inks, dyes, pigments, soaps, trays, single-use needles, needle 








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            bars, grommets, razors, machines, and tools used in the 
            performance of body art.

          7)Imposes various restrictions on the performance of body art 
            including informed consent and client disclosure requirements, 
            as specified.

          8)Requires sites that only perform mechanical stud and clasp ear 
            piercing to meet separate notification, sanitation, training, 
            and equipment requirements.

          9)Prohibits a body art facility from conducting business without 
            a valid health permit issued by a LEA and requires the 
            application for a health permit to include a copy of the 
            facility's Infection Prevention and Control Plan and a 
            specified fee as determined by the LEA.

          10)Specifies that the health permit is valid only for the 
            location of the facility and the time period indicated on the 
            permit and is non-transferable.  Requires the health permit 
            and certificates of registration for all practitioners 
            performing body art in the facility to be posted prominently 
            at the body art facility.

          11)Requires a person who proposes to construct a practice site 
            or mobile practice site, other than a temporary body art event 
            booth, to submit plans and a specified fee to the LEA for 
            review.  Requires the plans to be reviewed before any 
            building, plumbing, or electric permits are issued and 
            requires any corrective action to be taken and the site 
            approved to open before any body art can be performed.  

          12)Specifies that, if a practitioner performs body art in a 
            vehicle in a jurisdiction for more than seven days in a 
            consecutive 90-day period, the practitioner is required to 
            obtain a health permit from the LEA in that jurisdiction.  
            Requires a vehicle that will be operating in the jurisdiction 
            for less than seven days in a consecutive 90-day period to be 
            treated as a temporary demonstration booth, as specified. 

          13)Allows a practitioner to operate in a temporary demonstration 
            booth for a maximum of seven days in a 90-day period in the 
            local jurisdiction of registration provided that the booth 
            meets certain specified requirements.









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          14)Permits a LEA officer to enter a body art facility during the 
            facility's hours of operation and other reasonable times to 
            conduct specified inspection and compliance activities.  
            Requires the LEA officer to make a written report and furnish 
            a copy to the owner or practitioner upon completion of an 
            inspection or investigation.   

          15)Makes it a violation of this bill for the owner or any person 
            working in a body art facility to conceal or withhold records 
            or evidence, interfere with the performance of a LEA officer, 
            or knowingly falsify or misrepresent information required to 
            be submitted or maintained by this bill.  Allows a LEA to 
            suspend a certificate of registration or health permit for a 
            violation of this bill.

          16)Provides for specified due process whenever a LEA officer 
            finds that a practitioner or body art facility is not in 
            compliance with the requirements of this bill.

          17)Requires practitioners, body art facility owners, and 
            sponsors of temporary body art events to obtain and pay for 
            necessary registration and permits, as specified.

          18)Makes it a misdemeanor to perform body art without being 
            registered; operate a body art facility or operate a temporary 
            body art event without a health permit.  Authorizes the LEA to 
            assess an administrative penalty of $25 to $1,000 for a 
            violation of any provision of this bill.

          19)Allows a city, county, or city and county to adopt 
            regulations or ordinances that do not conflict with, or are 
            more stringent than, the provisions of this bill. 

          20)Defines various terms for purposes of this bill.   

          21)Makes the provisions of this bill operative on July 1, 2012. 
           EXISTING LAW  :

          1)Makes it a misdemeanor to tattoo or offer to tattoo a person 
            under the age of 18.

          2)Requires the California Conference of Local Health Officers 
            (CCLHO) to establish sterilization, sanitation, and safety 
            standards for persons engaged in the business of tattooing, 
            body piercing, or permanent cosmetics.








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          3)Requires the Department of Public Health (DPH) to provide the 
            necessary resources to support the development of these 
            standards and requires the standards to be directed at 
            establishing and maintaining sterile conditions and safe 
            disposal of instruments.

          4)Allows the standards to be modified as appropriate to protect 
            consumers from transmission of contagious diseases through 
            cross-contamination of instruments and supplies.

          5)Requires the standards to be submitted to DPH for review and 
            consultation by July 1, 1998, and directs DPH to distribute 
            those standards in written form to all LEAs within 30 days 
            after they are adopted by DPH.

          6)Requires persons engaged in the business of tattooing, body 
            piercing, or permanent cosmetics to register with the LEA by 
            December 31, 1998, as specified.

          7)Requires a registrant to obtain a copy of DPH's standards from 
            the LEA, provide the LEA with his or her business address, and 
            pay a one-time $25 registration fee and an annual $105 
            inspection fee to the LEA.  States that the county is not 
            precluded from charging an additional amount if necessary to 
            cover the cost of registration and inspection.

          8)Requires each LEA to conduct annual inspections of the 
            locations at which registrants conduct regulated activities.

          9)Authorizes a county to adopt any regulations that do not 
            conflict with, or are more comprehensive than, current law or 
            with the standards adopted by DPH.

          10)States that current law does not limit a county's ability to 
            require a registrant to obtain any business license or permit 
            that the county finds appropriate.

          11)Subjects a person who fails to register or violates the 
            sterilization, sanitation, and safety standards after December 
            31, 1998, to a $500 civil penalty per violation, as specified.

          12)Requires any person seeking to engage in the business of 
            tattooing, body piercing, or permanent cosmetics to comply 
            with the requirements in current law by January 1, 1999.








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          13)Requires a task force consisting of specified members to be 
            convened to make recommendations to the Legislature with 
            regard to licensing, training, sanitation, and other related 
            issues in order to protect the health and welfare of persons 
            seeking the services of body art practitioners.

           FISCAL EFFECT  :  This bill has not yet been analyzed by a fiscal 
          committee.

           COMMENTS  : 

           1)PURPOSE OF THIS BILL  .  According to the author, the state 
            lacks enforceable and sufficiently detailed statewide 
            standards regulating body art despite requirements in existing 
            law and repeated efforts from both health practitioners and 
            established body art professional trade associations.  This 
            bill is jointly sponsored by the California Association of 
            Environmental Health Administrators, the Health Officers 
            Association of California, the Association of Professional 
            Piercers, and the Alliance of Professional Tattooists to 
            establish a uniform body of law to promote safer body art 
            practices and assist these small businesses by streamlining 
            the patchwork of local regulations.  

           2)BACKGROUND  .  The Pew Research Center reported in 2007 that 36% 
            of young people between the ages of 18 and 25 had a tattoo and 
            30% had a body piercing somewhere other than their ear, while 
            40% of those age 26 to 40 had a tattoo and 22% had a body 
            piercing somewhere other than their ear.  

          Serious health risks are associated with unsafe tattooing and 
            piercing practices, including allergic skin reactions from 
            tattoo dye, local bacterial infections, nerve damage from 
            piercing, complications during diagnostic imaging, and a host 
            of blood-borne infections including hepatitis B, hepatitis C, 
            tetanus, and HIV.  Tattoo inks are classified as cosmetics and 
            therefore are not regulated by the federal Food and Drug 
            Administration.  Long-term effects of these inks are unknown. 

          Branding is the process in which a mark, usually a symbol or 
            ornamental pattern, is burned into human skin tissue with a 
            hot iron or other instrument, with the intention that the 
            resulting scar makes it permanent.  It is often used as a form 
            of initiation in fraternities, gangs, and prison groups, but 








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            can also be a strictly decorative procedure when performed at 
            a body art facility.  While it is not as popular or as common 
            as other forms of body art, it nonetheless carries distinct 
            health risks because of the burning of human tissue.  
            
           3)DPH REGULATIONS  .  AB 186 (Brown), Chapter 742, Statutes of 
            1997, establishes a statutory scheme to regulate body art 
            practitioners.  The sponsors note that they have been working 
            for over 10 years to draft sanitation and safety guidelines 
            and urge DPH to adopt them as standards.  However, in January 
            2008, DPH issued a memo concluding that regulations are not 
            necessary as current law does not explicitly require DPH to 
            adopt these standards.  DPH contends in the memo that while 
            current law makes reference to the adoption of these standards 
            by DPH, these references do not reflect the intent by the 
            Legislature for DPH to adopt regulations.  Rather, DPH 
            maintains that it was the intent of the Legislature that, 
            after reviewing the standards, DPH would distribute them to 
            each LEA.

          A 2008 opinion of the Office of Legislative Counsel opined that 
            the Legislature did not intend to require DPH to adopt the 
            standards based on an examination of the legislative history 
            of AB 186, which changed the entity required to establish the 
            standards from DPH to the CCLHO.  Consequently, Legislative 
            Counsel concluded that DPH is not required to adopt the 
            standards as regulations in order for them to be enforceable.  
             



           4)PRIOR LEGISLATION  .  

             a)   AB 223 (Ma) of 2010, and AB 517 (Ma) of 2009, both of 
               which were substantively identical to this bill, were 
               vetoed by Governor Schwarzenegger.  In his veto messages 
               the Governor stated that he did not see a compelling need 
               for additional legislation, given that body art guidelines 
               were developed several years ago, local jurisdictions have 
               the option to establish these requirements in their own 
               county, and many have chosen to do so, and, if the sponsors 
               wanted a bill that addressed the purported problem, a 
               simple statutory authorization for DPH to promulgate 
               standardized regulations would have been acceptable.  









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             b)   AB 186 requires the CCLHO to establish safety and 
               sterilization standards for body art practitioners; 
               requires practitioners to register with and pay a fee to 
               the LEA in their jurisdiction; requires LEAs to conduct 
               annual inspections; and, establishes a task force to 
               recommend legislation to address the health of persons 
               seeking tattooing, body piercing, and permanent cosmetics.

           5)SUPPORT  .  The sponsors of this bill state that it represents 
            an extensive multi-year collaborative effort between public 
            health and environmental health representatives, individual 
            practitioners, and body art trade associations to ensure that 
            the statewide standards developed in this bill are not only 
            protective of public health, but fair and reasonably 
            enforceable.  Supporters add that these standards are 
            long-overdue and will, among other things, establish clear 
            scope of local authority, provide clear requirements for 
            practitioner registration, establish consistent enforcement of 
            mobile and fixed body art sides, protect clients through 
            informed consent requirements, and enhance practitioners' 
            knowledge of bloodborne pathogen exposure control. 

          6)TECHNICAL AMENDMENT  .  On page 17, line 30, change 
            "decontaminted" to "decontaminated".

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 

           Alliance of Professional Tattooists (sponsor)
          Association of Professional Piercers (sponsor) 
          California Association of Environmental Health Administrators 
          (sponsor)
          Health Officers Association of California (sponsor)
          Alpine County Public Health Department
          Blood Centers of California
          Body Manipulations
          California Alliance for the Promotion of Safe Body Art
          California Chapters of the American Red Cross
          California Environmental Health Association
          City of Vernon
          County of San Bernardino
          County of Santa Clara Board of Supervisors
          Humboldt County Department of Health and Human Services
          Lake County Health Services Department








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          Madera County Public Health Department
          Marin County Environmental Health Services
          Mariposa County Public Health Department
          National Environmental Health Association
          San Joaquin County Environmental Health Department

           Opposition 

           None on file.
           

          Analysis Prepared by  :    Cassie Royce / HEALTH / (916) 319-2097