BILL NUMBER: AB 1168 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Pan
FEBRUARY 22, 2013
An act to amend Sections 119300, 119301, 119303, 119306, 119312,
119314, 119315, and 119318 of the Health and Safety Code, relating to
body art.
LEGISLATIVE COUNSEL'S DIGEST
AB 1168, as introduced, Pan. Safe body art.
Existing law, the Safe Body Art Act, regulates the performance of
body art, as defined, and the permitting of body art facilities.
Existing law defines "body art facility" as the specified building,
section of a building, or vehicle in which a practitioner performs
body art. Under existing law, performing body art without being
registered, operating a body art facility without a health permit, or
operating a temporary body art event without a permit is a
misdemeanor.
This bill would add to the definition of "body art facility"
places where body art is demonstrated for the purpose of instruction.
The bill would also prohibit the performance of body art at a place
other than a permanent or temporary body art facility.
Existing law requires, prior to the performance of body art, a
client to read, complete, and sign a questionnaire, which is
considered confidential information. Existing law requires the body
art facility to maintain the confidentiality of the information in
the questionnaire and to shred the confidential medical information
after 2 years.
This bill, instead, would require any information gathered in the
questionnaire that is personal medical information and that is
subject to the federal Health Insurance Portability and
Accountability Act of 1996 (HIPAA) or similar state laws to be
maintained or disposed of in compliance with those provisions.
Existing law requires a first-time registrant as a body art
practitioner to provide documentation evidencing 6 months of related
experience.
This bill would remove this provision.
Existing law establishes requirements for a body art facility to
be granted a health permit and prohibits a facility from operating as
a body art facility without that permit. A facility operating
without a permit or other required licenses may be shut down by the
local authority. Existing law specifies the requirements for a
permitted body art facility, including floors, walls, and ceilings
that are smooth, free of open holes, and washable.
This bill would authorize a county to suspend or revoke the health
permit of a body art facility if a person who does not possess a
valid practitioner registration is allowed to perform body art. The
bill would also make specified changes to the requirements for a body
art facility, including that the floors and walls must be
nonabsorbent and that the facility provide adequate toilet
facilities, as specified.
Existing law specifies the requirements for a temporary body art
facility, including the provision of an eye wash station.
This bill would remove the requirement of an eye wash station at a
temporary body art facility.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 119300 of the Health and Safety Code is amended
to read:
119300. (a) This chapter shall be known, and may be cited, as the
Safe Body Art Act.
(b) The purpose of this chapter is to provide minimum statewide
standards for the regulation of persons engaged in the business
or performance of tattooing, body piercing, branding,
and the application of permanent cosmetics in California. These
requirements are intended to protect both the practitioner and the
client from transmission of infectious diseases through the
application of proper body art procedures and the control of
cross-contamination of instruments and supplies.
SEC. 2. Section 119301 of the Health and Safety Code is amended to
read:
119301. For purposes of this chapter, the following definitions
shall apply:
(a) "Antiseptic solution" means a liquid or semiliquid substance
that is approved by the federal Food and Drug Administration to
reduce the number of microorganisms present on the skin and on
mucosal surfaces.
(b) "Bloodborne pathogen" means a disease-causing microorganism
that, when present in the blood, can be transmitted to humans,
including, but not limited to, hepatitis B virus (HBV), hepatitis C
virus (HCV), and human immunodeficiency virus (HIV).
(c) "Body art" means body piercing, tattooing, branding, or
application of permanent cosmetics.
(d) "Body art facility" means the specified building, section of a
building, or vehicle in which a practitioner performs , or
demonstrates for the purpose of instruction, body art,
including reception areas, the procedure area, and the
decontamination and sterilization area. "Body art facility" does not
include a facility that only pierces the ear with a disposable,
single-use, presterilized clasp and stud or solid needle that is
applied using a mechanical device to force the needle or stud through
the ear.
(e) "Body piercing" means the creation of an opening in a human
body for the purpose of inserting jewelry or other decoration. "Body
piercing" includes, but is not limited to, the piercing of an ear,
including the tragus, lip, tongue, nose, or eyebrow. "Body piercing"
does not include the piercing of an ear, except for the tragus, with
a disposable, single-use, presterilized stud and clasp or solid
needle that is applied using a mechanical device to force the needle
or stud through the ear.
(f) "Branding" means the process in which a mark or marks are
burned into human skin tissue with a hot iron or other instrument,
with the intention of leaving a permanent scar.
(g) "Client" means an individual upon whom a practitioner performs
body art.
(h) "Decontamination and sterilization area" means a room, or
specific section of a room, that is set apart and used only to
decontaminate and sterilize instruments.
(i) "Department" means the State Department of Public Health.
(j) "Decontamination" means the use of physical or chemical means
to remove, inactivate, or destroy bloodborne pathogens on a surface
or item to the point where the pathogens are no longer capable of
transmitting infectious particles and the surface or item is rendered
safe for handling, use, or disposal.
(k) "Disinfectant" means a product that is registered by the
federal Environmental Protection Agency and the Department of
Pesticide Regulation, as indicated on the label, to reduce or
eliminate the presence of disease-causing microorganisms, including
human immunodeficiency virus (HIV) and hepatitis B virus (HBV) for
use in decontaminating work surfaces.
(l) "Enforcement officer" means all local health officers,
directors of environmental health, and duly authorized registered
environmental health specialists and environmental health specialist
trainees.
(m) "Hand hygiene" means either of the following:
(1) Thoroughly washing all surfaces of the hands and under the
fingernails with soap and warm water.
(2) In the absence of contamination with blood or other bodily
fluids, or obvious soiling, applying an antiseptic solution to all
the surfaces of the hands and underneath the fingernails.
(n) "Instrument" means a nonmedical application device used in
performing body art, including, but not limited to, needles, needle
bars, needle tubes, forceps, hemostats, tweezers, razors, or razor
blades.
(o) "Local enforcement agency" means the local health agency of
the county, city, or city and county. In jurisdictions where the
local health agency and the environmental health agency are separate
departments, the jurisdiction shall specify which entity will be the
local enforcement agency for purposes of this chapter.
(p) "Mucosal surface" means the moisture-secreting membrane lining
of all body cavities or passages that communicates with the
exterior, including, but not limited to, the nose, mouth, vagina, and
urethra.
(q) "Owner" means either of the following:
(1) The person or persons whose name or names appear on the health
permit, business license, property deed, or rental agreement of the
body art facility.
(2) A person, acting as a principal of a corporation or
partnership, who employs practitioners to perform body art or other
activity regulated by this chapter.
(r) "Permanent cosmetics" means the application of pigments in
human skin tissue for the purpose of permanently changing the color
or other appearance of the skin. This includes, but is not limited
to, permanent eyeliner, eyebrow, or lip color.
(s) "Potable water" means water that complies with the standards
for transient noncommunity water systems pursuant to the California
Safe Drinking Water Act (Chapter 4 (commencing with Section 116275)
of Part 12).
(t) "Practitioner" means a person who performs body art on a
client.
(u) "Procedure area" means a room, or designated portion of a
room, that is set apart and only used to perform body art.
(v) "Procedure site" means the area or location on the human body
selected for the placement of body art.
(w) "Sharps waste" has the same meaning as that term is defined in
Section 117755.
(x) "Sponsor" means an individual or business entity, including an
event coordinator or manager, responsible for the organization of a
convention, trade show, or other temporary event that includes a body
art demonstration booth. A sponsor may also be a body art
practitioner.
(y) "Sterilization" means the complete destruction of all
microbial life forms, including spores.
(z) "Tattooing" means the insertion of pigment in human skin
tissue by piercing with a needle.
(aa) "Vehicle" means a vehicle that has been fitted or designed to
perform body art.
(ab) "Workstation" means the area within a procedure area where a
practitioner performs body art. The workstation includes, but is not
limited to, the client chair or table, counter, mayo stand,
instrument tray, storage drawer, and practitioner's chair.
SEC. 3. Section 119303 of the Health and Safety Code is amended to
read:
119303. (a) Prior to the performance of body art, the client
shall read, complete, and sign an informed consent form that shall
include, but not be limited to, all of the following information:
(1) A description of the procedure.
(2) A description of what the client should expect following the
procedure, including suggested care and any medical complications
that may occur as a result of the procedure.
(3) A statement regarding the permanent nature of body art.
(4) Postprocedure instructions that include all of the following:
(A) Information on the care of the procedure site.
(B) Restrictions on physical activities such as bathing,
recreational water activities, gardening, or contact with animals,
and the duration of the restrictions.
(C) Signs and symptoms of infection, including, but not limited
to, redness, swelling, tenderness of the procedure site, red streaks
going from the procedure site towards the heart, elevated body
temperature, or purulent drainage from the procedure site.
(D) Signs and symptoms that indicate the need to seek medical
care.
(b) Prior to the performance of body art, the client shall
receive, complete, and sign a questionnaire that includes all of the
following information:
(1) Whether the client may be pregnant.
(2) Whether the client has a history of herpes infection at the
proposed procedure site, diabetes, allergic reactions to latex or
antibiotics, hemophilia or other bleeding disorder, or cardiac valve
disease.
(3) Whether the client has a history of medication use or is
currently using medication, including being prescribed antibiotics
prior to dental or surgical procedures.
(4) Other risk factors for bloodborne pathogen exposure.
(c) The questionnaire and all responses shall be considered
confidential information. The body art facility shall maintain the
privacy of the information and shall not sell, share, or transfer the
information. A body art facility shall comply with all state and
federal laws with respect to the protection of a client's personally
identifiable information, including, but not limited to, medical
information, and shall be subject to existing penalties for violation
of applicable laws. The body art facility shall shred any
confidential medical information after two years from performing the
body art procedure on the client.
(c) All information gathered from the client that is personal
medical information and that is subject to the federal Health
Insurance Portability and Accountability Act of 1996 (HIPAA) or
similar state laws shall be maintained or disposed of in compliance
with those provisions.
SEC. 4. Section 119306 of the Health and Safety Code is amended to
read:
119306. (a) A person shall not perform body art if
at any location other than a permitted permanent or
temporary body art facility.
(b) A person shall not perform body art
if he or she is not registered with the local enforcement
agency.
(b)
(c) As a condition of registration, the applicant shall
provide all of the following:
(1) Evidence of current hepatitis B vaccination, including
applicable boosters, unless the practitioner can demonstrate
hepatitis B immunity or has complied with current federal OSHA
hepatitis B vaccination declination requirements.
(2) Evidence of completion of OSHA Bloodborne Pathogen Training
consistent with Section 119307 and pursuant to paragraph (2) of
subdivision (g) of Section 5193 of Title 8 of the California Code of
Regulations or its successor.
(3) Proof that he or she is 18 years of age or older.
(4) Self-certification of, knowledge of, and commitment to meet
state law and relevant local regulations pertaining to body art
safety.
(5) For first-time registrants, documentation evidencing a minimum
of six months of related experience. The local enforcement agency
may require documentation that includes, but is not limited to,
dates, type, and location of work, and the name and contact
information of the registrant's supervisor or supervisors.
(6)
(5) His or her business address and the address at
which he or she will perform any activity regulated by this chapter.
(7)
(6) Payment of a registration fee directly to the local
enforcement agency. The local enforcement agency shall set the fee
at an amount not to exceed the amount necessary but that is
sufficient to cover the actual costs of administering the program.
(c)
(d) A practitioner shall display, in a place readily
visible to the public at the body art facility where the practitioner
is performing body art, the certificate confirming registration with
the local enforcement agency in the jurisdiction in which that
practice is conducted.
(d)
(e) A valid and current registration issued by a local
enforcement agency shall be valid in any other jurisdiction for no
more than five consecutive days, or 15 days total, in any one
calendar year.
(e)
(f) Practitioner registration shall be renewed annually
by a process to be determined by the local enforcement agency.
(f)
(g) A practitioner shall obtain all necessary permits
to conduct business, including, but not limited to, being registered
with the local enforcement agency. In addition to the penalties
available pursuant to Article 6 (commencing with Section 119320), a
practitioner who violates this subdivision shall be subject to
suspension and a penalty not to exceed three times the cost of
registration.
SEC. 5. Section 119312 of the Health and Safety Code is amended to
read:
119312. (a) A body art facility shall not conduct business
without a valid health permit.
(b) The application for a health permit for a body art facility
shall include all of the following:
(1) A copy of the facility's infection prevention control plan, as
required by Section 119313.
(2) A fee, as set by the local enforcement agency at an amount not
to exceed the amount necessary but that is sufficient to cover the
actual costs of administration of the program. Fees established by
this section shall be used exclusively in support of activities
pursuant to this chapter.
(c) The local enforcement agency shall issue a health permit after
an investigation has determined that the proposed body art facility
and its method of operation meets the specifications of the approved
plans or conforms to the requirements of this article.
(d) A health permit is valid only for the location of the facility
and the time period indicated on the permit and may not be
transferred to another owner or facility.
(e) The health permit shall be posted in a conspicuous place at
the body art facility. Certificates of registration for all
practitioners performing body art in that facility shall also be
prominently displayed either near the health permit or at the
individual practitioner's procedure area if each practitioner has a
designated area.
(f) A person proposing to construct a practice site or mobile
practice site, other than a temporary body art event booth, shall
submit plans to the Plan Review Unit of the local enforcement agency.
The plans shall be approved in advance of the issuance of a
building, plumbing, or electrical permit. All required corrections
must be made and the body art facility approved to open before body
art can be performed in the facility.
(g) Health permits shall be renewed annually through a process to
be determined by the local enforcement agency.
(h) The county may suspend or revoke the permit of a body art
facility if a person who does not possess a valid practitioner
registration is allowed to perform body art.
(h)
(i) An owner who operates a body art facility shall
obtain all necessary permits to conduct business, including, but not
limited to, a permit issued by a local enforcement agency. In
addition to the penalties available pursuant to Article 6 (commencing
with Section 119320), an owner who violates this subdivision shall
be subject to the closure of the facility and a penalty not to exceed
three times the cost of the permit.
SEC. 6. Section 119314 of the Health and Safety Code is amended to
read:
119314. (a) With the exception of a temporary demonstration booth
and a mobile site, as specified in Sections 119317 and 119318, a
body art facility shall comply with all of the following:
(1) Have floors, walls, and ceilings that
ceilings.
(2) Have floors and walls that
are smooth, nonabsorbent, free of open holes, and
washable.
(2)
(3) Be free of insect and rodent infestation.
(3)
(4) Be separate from any residential areas used for
sleeping, bathing, or meal preparation. A body art facility
associated with a residential dwelling shall have a separate entrance
and toilet facility, and shall not have a door allowing direct
access between the body art facility and the residential dwelling.
(5) Have adequate toilet facilities, in accordance with the
specifications of the State Building Standards Code, local building
standard codes, and any other local ordinance. The sink shall be
supplied with hot and cold running water, containerized liquid soap,
and single-use paper towels that are dispensed from a wall-mounted,
touchless dispenser.
(b) Procedure areas in a body art facility shall meet all of the
following standards:
(1) Be equipped with a light source that provides adequate light
at the procedure area.
(2) Be separated, by a wall or ceiling-to-floor partition, from
nail and hair activities.
(3) Be separated from all business not related to body art, at the
discretion of the local enforcement agency.
(3)
(4) Be equipped with a sink supplied with hot and cold
running water, containerized liquid soap, and single-use paper towels
that are dispensed from a wall-mounted, touchless dispenser that is
accessible to the practitioner.
(c) Decontamination and sanitation areas within a body art
facility shall meet all of the following requirements:
(1) Be separated from procedure areas by a space of at least five
feet or by a cleanable barrier.
(2) Be equipped with a sink, hot and cold running water,
containerized liquid soap in a wall-mounted dispenser, and
single-use paper towels dispensed from a wall-mounted, touchless
dispenser that is readily accessible to the practitioner.
(d) Each procedure area and decontamination and
sterilization area shall have lined waste containers.
(e) Each procedure area and decontamination and sterilization area
shall have a container for the disposal of sharps waste that meets
the following requirements:
(1) The sharps waste container shall be portable, if portability
is necessary to ensure that the sharps waste container is within arm'
s reach of the practitioner.
(2) The sharps waste container shall be labeled with the words
"sharps waste" or with the international biohazard symbol and the
word "BIOHAZARD."
(3) All sharps waste produced during the process of tattooing,
body piercing, or the application of permanent cosmetics shall be
disposed by either of the following methods:
(A) Removal and disposal by a company, or removal and
transportation through a mail-back system approved by the department
pursuant to subdivision (b) of Section 118245.
(B) As solid waste, after being disinfected by a method approved
by the department pursuant to paragraph (3) of subdivision (a) of
Section 118215.
(f) No animals shall be allowed in the procedure area or the
decontamination and sterilization area except service animals,
as defined by the federal Americans with Disabilities Act .
SEC. 7. Section 119315 of the Health and Safety Code is amended to
read:
119315. A body art facility shall conform to the following
sterilization procedures:
(a) Clean instruments to be sterilized shall first be sealed in
peel-packs that contain either a sterilizer indicator or internal
temperature indicator. The outside of the pack shall be labeled with
the name of the instrument, the date sterilized, and the initials of
the person operating the sterilizing equipment unless
instruments are being sterilized for immediate use .
(b) Sterilizers shall be loaded, operated, decontaminted, and
maintained according to manufacturer's directions, and shall meet all
of the following standards:
(1) Only equipment manufactured for the sterilization of medical
instruments shall be used.
(2) Sterilization equipment shall be tested using a commercial
biological indicator monitoring system after the initial
installation, after any major repair, and at least once per month.
The expiration date of the monitor shall be checked prior to each
use.
(3) Each sterilization load shall be monitored with mechanical
indicators for time, temperature, pressure, and, at a minimum, Class
V integrators. Each individual sterilization pack shall have an
indicator.
(4) Biological indicator monitoring test results shall be recorded
in a log that shall be kept on site for two years after the date of
the results.
(5) A written log of each sterilization cycle shall be retained on
site for two years and shall include all of the following
information:
(A) The date of the load.
(B) A list of the contents of the load.
(C) The exposure time and temperature.
(D) The results of the Class V integrator.
(E) For cycles where the results of the biological indicator
monitoring test are positive, how the items were cleaned, and proof
of a negative test before reuse.
(c) Clean instruments and sterilized instrument packs shall be
placed in clean, dry, labeled containers, or stored in a labeled
cabinet that is protected from dust and moisture.
(d) Sterilized instruments shall be stored in the intact
peel-packs or in the sterilization equipment cartridge until time of
use.
(e) Sterile instrument packs shall be evaluated at the time of
storage and before use. If the integrity of a pack is compromised,
including, but not limited to, cases where the pack is torn,
punctured, wet, or displaying any evidence of moisture contamination,
the pack shall be discarded or reprocessed before use.
(f) A body art facility that does not afford access to a
decontamination and sterilization area that meets the standards of
subdivision (c) of Section 119314 or that does not have sterilization
equipment shall use only purchased disposable, single-use,
presterilized instruments. In place of the requirements for
maintaining sterilization records, the following records shall be
kept and maintained for a minimum of 90 days following the use of the
instruments at the site of practice for the purpose of verifying the
use of disposable, single-use, presterilized instruments:
(1) A record of purchase and use of all single-use instruments.
(2) A log of all procedures, including the names of the
practitioner and client and the date of the procedure.
SEC. 8. Section 119318 of the Health and Safety Code is amended to
read:
119318. (a) The sponsor shall obtain all necessary permits to
conduct business in the jurisdiction where the event will be held,
including, but not limited to, valid permits issued by a local
enforcement agency. A local enforcement agency may establish a fee
not to exceed the amount necessary, but that is sufficient to cover,
the actual costs of the administration of this section. In addition
to the penalties available pursuant to Article 6 (commencing with
Section 119320), a sponsor who violates this subdivision shall be
subject to closure of the temporary body art event and a penalty not
to exceed three times the cost of the permit.
(b) The sponsor of a temporary body art event shall be responsible
for ensuring the availability of support facilities and supplies for
practitioners and vendors, including, but not limited to:
(1) Access to a potable water supply.
(2) Restrooms that have flush toilets supplied with toilet paper,
and hand wash sinks supplied with hot and cold potable running water,
soap, and single-use paper towels to which practitioners have direct
access.
(3) Sharps waste containers for each demonstration booth.
(4) The use of a licensed medical waste disposal company for
removal of all sharps waste containers used during the body art
event.
(5) Frequent trash pickup from demonstration booths.
(6) An eye wash station.
(7)
(6) A decontamination and sterilization area that is
separated from a procedure area by at least five feet or by a
cleanable barrier.
(8)
(7) Adequate backup supplies that have been stored in
compliance with subdivision (d) of Section 119315 and that can be
purchased by practitioners, including, but not limited to:
(A) Presterilized tattoo needles.
(B) Presterilized needle tubes.
(C) Presterilized piercing instruments, including, but not limited
to, needles, receiving tubes, corks, marking tools, and forceps.
(D) Plastic bags, barrier film, clip cord covers, and plastic
wrap.
(E) Ink cups.
(F) Nitrile and latex gloves.
(G) Single-use tubes of water-based and petroleum-based
lubricants.
(H) Absorbent dressing materials.
(c) The name, telephone number, and directions to an emergency
room near the temporary body art event shall be posted in a
conspicuous location.
(d) Each practitioner working in a booth at a temporary body art
event shall display his or her certificate of registration, or keep
the certificate in a folder that is available for inspection upon
request of the enforcement officer or a client.