BILL ANALYSIS Ó
AB 300
Page 1
ASSEMBLY THIRD READING
AB 300 (Ma)
As Amended March 10, 2010
Majority vote
HEALTH 17-0 APPROPRIATIONS 16-0
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|Ayes:|Monning, Logue, Ammiano, |Ayes:|Fuentes, Harkey, |
| |Atkins, Bonilla, Eng, | |Blumenfield, Bradford, |
| |Garrick, Gordon, Hayashi, | |Charles Calderon, Campos, |
| |Roger Hernández, | |Davis, Donnelly, Gatto, |
| |Bonnie Lowenthal, | |Hill, Lara, Mitchell, |
| |Mitchell, Nestande, Pan, | |Nielsen, Norby, Solorio, |
| |V. Manuel Pérez, Smyth, | |Wagner |
| |Williams | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
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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
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
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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.
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 or to operate a body art facility or temporary body
art event without a health permit. Authorizes the LEA to
assess various administrative penalties.
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)Makes the provisions of this bill operative on July 1, 2012.
FISCAL EFFECT : According to the Assembly Appropriations
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Committee, this bill will have:
1)No direct state fiscal impact. Most provisions of this bill
provide specific direction to body art practitioners and
businesses with respect to clean and sanitary practices. Any
workload created by this bill falls on local health
departments that are authorized to fund that workload through
local public health fee schedules.
2)Several requirements fall on agencies charged with the
protection of community health and safety. Like other locally
funded programs such as solid waste, hazardous materials, and
food inspection, this body art regulatory and enforcement
framework is fully-fee supported, with the fees levied on
individuals and business supporting the workload of the
regulator.
3)Minor nonreimbursable local law enforcement costs, offset to a
degree by increased fine revenue to local enforcement
agencies.
COMMENTS : 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.
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 ten years to
draft sanitation and safety guidelines and urge the Department
of Public Health (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
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the standards, DPH would distribute them to each LEA.
The sponsors of this bill state that it represents an extensive
multi-year collaboration 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 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.
Analysis Prepared by : Cassie Royce / HEALTH / (916) 319-2097
FN: 0000186