BILL NUMBER: AB 1168 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 24, 2013
AMENDED IN SENATE JUNE 10, 2013
INTRODUCED BY Assembly Member Pan
FEBRUARY 22, 2013
An act to amend Sections 119300, 119301, 119303, 119306, 119307,
119308, 119309, 119310, 119312, 119313,119314, 119315, 119317,
119318, 119319, 119323, and 119325 of, to add Article 4.5 (commencing
with Section 119316) to Chapter 7 of Part 15 of Division 104 of, and
to repeal Section 119316 of, the Health and Safety Code, relating to
body art.
LEGISLATIVE COUNSEL'S DIGEST
AB 1168, as amended, 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. This bill
would also make it a misdemeanor to perform body art at an
unpermitted location. By creating a new crime, this bill would impose
a state-mandated local program.
Existing law requires, prior to the performance of body art, a
client to read, complete, and sign a questionnaire, which is
considered confidential information , and an informed consent
document containing specified information, including a statement
regarding the permanent nature of body art . 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. The bill would also require the informed consent
document to include a notice that tattoo inks, dyes, and pigments
have not been approved by the federal Food and Drug Administration
and that the health consequences of using these products are unknown.
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 require a body art facility to notify the local
enforcement agency within 30 days of the resignation, termination, or
hiring of a body art practitioner. The bill would also make
specified changes to the requirements for a body art facility,
including that the floors and walls must be nonabsorbent, that the
facility provide adequate toilet facilities, as specified, and that
removal of sharps waste, as defined, be done in a specified manner.
Existing law requires the sponsor of a temporary body art
demonstration booth to ensure the availability of support facilities
and supplies for body art practitioners and vendors, including
providing an eye wash station.
This bill would remove the requirement of an eye wash station at a
temporary body art demonstration booth. The bill would require that
the demonstration booth include at least 50 square feet for each
practitioner and hand washing facilities, and would prohibit food and
tobacco products in the demonstration booth. The bill would require
the sponsor to submit a temporary facility permit application to the
local enforcement authority within 30 days of the event, would
prohibit a sponsor from allowing a person to perform body art at the
event if the person does not have a valid body art practitioner
registration, and would require the sponsor to ensure the
availability of various facilities and supplies, including trash
pickup, wastewater removal, and required forms and documents.
Existing law requires a health permit for a practitioner who will
be performing body art in a vehicle in a jurisdiction for more than 7
days in a 90-day period.
This bill would instead prescribe requirements for mobile body art
facilities, including that specified provisions of the Safe Body Art
Act be met, that the mobile facility have certain amenities, and
that all body art procedures be completed inside the mobile body art
facility.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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" means a device or instrument that has acute,
rigid corners, edges, or protuberances capable of cutting or piercing
the skin, that has been used in the performance of body art, and has
not been disinfected or sterilized following use, including, but not
limited to, any of the following:
(1) Tattooing needles and needle bars.
(2) Disposable piercing needles.
(3) Disposable razors.
(x) "Sharps waste container" means a rigid, puncture resistant,
commercial container that, when sealed, is leak resistant and cannot
be reopened without great difficulty. Sharps containers shall be
designed and constructed specifically for the proper containment of
sharps waste.
(y) "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.
(z) "Sterilization" means the complete destruction of all
microbial life forms, including spores.
(aa) "Tattooing" means the insertion of pigment in human skin
tissue by piercing with a needle.
(ab) "Vehicle" means a vehicle that has been fitted or designed to
perform body art.
(ac) "Warm water" means water that is supplied through a mixing
valve or combination faucet at a temperature of at least 100 degrees
Fahrenheit.
(ad) "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) Notice that tattoo inks, dyes, and pigments have not been
approved by the federal Food and Drug Administration and that the
health consequences of using these products are unknown.
(4)
(5) 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) 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 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.
(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) His or her business address and the address at which he or she
will perform any activity regulated by this chapter.
(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.
(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.
(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.
(f) Practitioner registration shall be renewed annually by a
process to be determined by the local enforcement agency.
(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 119307 of the Health and Safety Code is amended to
read:
119307. (a) Prior to registering with the local enforcement
agency, a practitioner shall complete a Bloodborne Pathogens Exposure
Control Training program that is specific to his or her practice.
(b) An owner shall provide Bloodborne Pathogens Exposure Control
Training pursuant to the requirements of paragraph (2) of subdivision
(g) of Section 5193 of Title 8 of the California Code of
Regulations, or its successor, for all employees, practitioners, and
volunteers who perform duties within the decontamination and
sterilization area or procedure area.
(c) The Bloodborne Pathogens Exposure Control Training shall meet
all of the following criteria:
(1) Training shall be conducted by a person or persons who are
knowledgeable in exposure control and infection prevention in the
body art setting and who are approved by the local enforcement agency
in accordance with the provisions of this section.
(2) Training and training materials shall be specific to
performing body art.
(3) Training shall consist of not less than two hours of
instruction that includes all of the following:
(A) A copy and explanation of the Division of Occupational Safety
and Health, Bloodborne Pathogens Standard, contained in Section 5193
of Title 8 of the California Code of Regulations, or its successor.
(B) A copy and explanation of applicable county, city, or city and
county ordinances that pertain to bloodborne pathogen transmission
control in body art.
(C) Discussion of transmission, control, and symptoms of the
diseases caused by bloodborne pathogens.
(D) Discussion of tasks involved in performing body art and how
those tasks may lead to exposure to bloodborne pathogens for the
client or practitioner.
(E) Discussion of the types and uses of personal protective
equipment, such as disposable gloves, including an explanation of the
limitations of the equipment.
(F) Discussion of the types of tasks, proper task technique, and
order of tasks before and after putting on and removing personal
protective equipment, to avoid contamination.
(G) Discussion of the importance of hand hygiene and a
demonstration of proper hand hygiene techniques.
(H) Discussion of choice, use, and storage of disinfectants and
antiseptics.
(I) Information on the signage required for biohazard materials
and the importance of properly labeling chemicals and supplies.
(J) Information on hepatitis B vaccine, including safety and
accessibility.
(K) Discussion of what constitutes a bloodborne pathogen exposure
incident, including all of the following:
(i) Examples of bloodborne pathogen exposure, how the exposure
occurred, and what actions to take to prevent or minimize future
exposures.
(ii) Risk of infection following a bloodborne pathogen exposure
incident.
(iii) Procedures to be followed after an exposure incident,
including medical followup.
(L) Opportunities for interactive questions and answers with the
instructor.
(d) Each person required to complete a Bloodborne Pathogens
Exposure Control Training program pursuant to this section shall
annually complete a minimum of two hours of Bloodborne Pathogens
Exposure Control Training update presented by a trainer eligible
pursuant to paragraph (1) of subdivision (c).
(e) Records of training required pursuant to this section shall be
maintained for three years and shall be available for inspection
upon request of the enforcement officer.
SEC. 6. Section 119308 of the Health and Safety Code is amended to
read:
119308. (a) Before performing body art, the practitioner shall do
all of the following:
(1) Wash and dry his or her hands consistent with sound hygienic
practices.
(2) Put on a clean apron, bib, or lap pad over clean, dry
clothing.
(3) Put on personal protective equipment that is appropriate for
the task.
(4) Don clean, previously unused, disposable examination gloves on
both hands just prior to the procedure. Gloves shall be worn
throughout the procedure. If gloves come into contact with an object
or surface other than the client's prepared skin or material to be
used for the procedure, or if a glove is torn or punctured, both
gloves shall be removed, hand hygiene performed, and new, clean,
previously unused, disposable examination gloves shall be donned. If
gloves are removed for any reason during a procedure, hand hygiene
shall be performed prior to donning new, clean, previously unused,
disposable examination gloves.
(5) If the skin at the procedure site is to be shaved, the skin
shall be first washed with soap and water. A single-use, disposable
razor shall be used to shave the procedure site and then discarded
into a sharps container.
(6) Immediately prior to performing the body art, the client's
skin shall be prepared with an antiseptic solution, antimicrobial, or
microbicide, according to manufacturer's instructions. The item used
for application shall be discarded after use.
(b) At the completion of the procedure, the practitioner shall do
all of the following:
(1) Answer questions regarding the procedure site.
(2) Provide postprocedure instructions.
(3) When covering a procedure site, use a sterile dressing.
(4) Place all used or discarded sharps waste in a sharps waste
container.
(5) Wash and disinfect reusable instruments as provided in
subdivisions (d) and (e) of Section 119309.
(6) Package and sterilize reusable instruments that may have come
in contact with nonintact skin or mucosal surfaces.
(7) Clean and decontaminate the workstation and procedure area.
SEC. 7. Section 119309 of the Health and Safety Code is amended to
read:
119309. (a) The practitioner shall maintain a clean and sanitary
environment.
(b) All solid surfaces and objects in the procedure area and the
decontamination and sterilization area that have come into contact
with the client or the materials used in performing the body art,
including, but not limited to, chairs, armrests, tables, countertops,
and trays, shall be immediately cleaned and decontaminated after
each use by application of a disinfectant, used according to
manufacturer's directions.
(c) The surfaces and objects in the procedure area shall be
disinfected again before use if the area has been used for any
activity following its previous disinfection.
(d) The practitioner shall wear disposable gloves on both hands
when touching, decontaminating, or handling a surface, object,
instrument, or jewelry that is soiled or that is potentially soiled
with human blood.
(e) An instrument or other reusable item that comes into contact
with nonintact skin or mucosal surfaces shall either be single use or
be cleaned, decontaminated, packaged, and sterilized after each
procedure. Sterilization shall be accomplished pursuant to the
procedures established in Section 119315 by steam autoclave.
(f) An instrument or reusable item that does not come into contact
with nonintact skin or mucosal surfaces shall be washed with a
solution of soap and water, using a brush that is small enough to
clean the interior surfaces, and decontaminated after each procedure.
(g) A reusable item that cannot be immediately washed,
disinfected, and sterilized following completion of the body art
procedure shall be placed in a basin of water with or without
detergent.
(h) Sterile instrument packs shall be evaluated before use, and if
the integrity of a pack is compromised in any way, including, but
not limited to, being torn, punctured, wet, or having evidence of
potential moisture contamination, the instrument pack shall be
discarded or reprocessed before use.
(i) No food, drink, tobacco product, or personal effects are
permitted in the procedure area. The practitioner shall not eat,
drink, or smoke while performing a procedure. If a client requests to
eat, drink, or smoke, the procedure shall be stopped and the
procedure site shall be protected from possible contamination while
the client leaves the procedure area to eat, drink, or smoke.
(j) Branding shall not be done with another client in the
procedure area. During the procedure, the practitioner and the client
shall wear appropriate protective face filter masks.
SEC. 8. Section 119310 of the Health and Safety Code is amended to
read:
119310. (a) Jewelry placed in newly pierced skin shall be
sterilized prior to piercing as specified in Section 119315 or shall
be purchased presterilized. Sterile jewelry packs shall be evaluated
before use and, if the integrity of a pack is compromised, including,
but not limited to, being torn, wet, or punctured, the pack shall be
discarded or reprocessed before use.
(b) Only jewelry made of ASTM F138, ISO 5832-1, and AISI 316L or
AISI 316LVM implant grade stainless steel, solid 14-karat through
18-karat yellow or white gold, niobium, ASTM F 136 6A4V titanium,
platinum, or other materials found to be equally biocompatible shall
be placed in newly pierced skin.
(c) Ear piercing equipment with a disposable, single-use,
presterilized stud and clasp may be used only for piercing the ear
pursuant to Article 7 (commencing with Section 119325).
(d) If measuring the body piercing site is necessary, clean
calipers shall be used and the skin marked using clean toothpicks and
ink or a single-use marking pen.
SEC. 9. 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) No body art facility shall allow a practitioner who does not
possess a valid practitioner registration to perform body art
procedures at the facility.
(c) An owner of a body art facility shall notify the local
enforcement agency in writing within 30 days of the resignation,
termination, or new hire of a body art practitioner at the body art
facility.
(d) 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) Health permits shall be renewed annually through a process to
be determined by the local enforcement agency.
(j) 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.
(k) 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. 10. Section 119313 of the Health and Safety Code is amended
to read:
119313. (a) A body art facility shall maintain and follow a
written Infection Prevention and Control Plan, provided by the owner
or established by the practitioners, specifying the procedures to
achieve compliance with each applicable requirement of this chapter.
(b) The Infection Prevention and Control Plan shall include all of
the following:
(1) Procedures for cleaning and decontaminating environmental
surfaces.
(2) Procedures for cleaning, decontaminating, packaging,
sterilizing, and storing reusable instruments.
(3) Procedures for protecting clean instruments and sterile
instrument packs from exposure to dust and moisture during storage.
(4) A setup and teardown procedure for any form of body art
performed at the body art facility.
(5) Techniques to prevent the contamination of instruments or the
procedure site during the performance of body art.
(6) Procedures for safe handling and disposal of sharps waste.
(c) The Infection Prevention and Control Plan shall be revised
when changes are made in infection prevention practices, procedures,
or tasks.
(d) Onsite training on the facility's Infection Prevention and
Control Plan shall take place when tasks where occupational exposure
may occur are initially assigned, any time there are changes in the
procedures or tasks, and when new technology is adopted for use in
the facility, but not less than once each year.
(e) Records of training required pursuant to this section shall be
maintained for three years and shall be available for inspection
upon request of the enforcement officer.
SEC. 11. Section 119314 of the Health and Safety Code is amended
to read:
119314. (a) With the exception of a temporary demonstration
booth, as specified in Sections 119317 and 119318, a body art
facility shall comply with all of the following:
(1) Have floors, walls, and ceilings.
(2)
Have floors and walls that are smooth, nonabsorbent, free of open
holes, and washable.
(3) Be free of insect and rodent infestation.
(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.
(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.
(5) All sinks shall be permanently plumbed and meet local building
and plumbing codes. Facilities that were issued a permit prior to
January 1, 2014, shall have until July 1, 2014, to comply with this
section.
(6) All counter surfaces and service trays shall have a smooth,
durable, and nonabsorbent finish.
(c) Decontamination and sterilization 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, and single-use paper towels dispensed from
a wall-mounted, touchless dispenser that is readily accessible to
the practitioner.
(d) Each procedure area shall have lined waste containers.
(e) Each procedure area shall have a sharps waste container 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 licensed waste hauler. Materials
shall be disposed of at a licensed treatment facility or removed and
transported through a mail-back system authorized by the State
Department of Public Health.
(B) As solid waste, after being disinfected by a method approved
by the department pursuant to paragraph (3) of subdivision (a) of
Section 118215.
(4) Documentation of proper disposal of sharps waste shall be
maintained for three years and shall be available for inspection at
the request of the enforcement officer.
(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. 12. 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
sterilization packaging that contain either a sterilizer indicator or
process indicator, unless instruments are being processed for
immediate use. The outside of the pack shall be labeled with the name
of the instrument if not immediately identifiable, 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, decontaminated, 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, and pressure. Each sterilization
load shall include, at a minimum, a Class V integrator.
(4) Biological indicator monitoring test results shall be recorded
in a log that shall be kept on site for three years after the date
of the results.
(5) A written log of each sterilization cycle shall be maintained
for three years, shall be available for inspection by the enforcement
officer, 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
sterilization packaging 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.
(3) Written proof on company or laboratory letterhead showing that
the presterilized instruments have undergone a sterilization
process. Written proof shall clearly identify the instruments
sterilized by name or item number and shall identify the lot or batch
number of the sterilizer run.
SEC. 13. Section 119316 of the Health and Safety Code is repealed.
SEC. 14. Article 4.5 (commencing with Section 119316) is added to
Chapter 7 of Part 15 of Division 104 of the Health and Safety Code,
to read:
Article 4.5. Mobile Body Art Facilities
119316. (a) A mobile body art facility shall meet all the
applicable requirements in Article 1 (commencing with Section 119300)
to Article 4 (commencing with Section 119312), inclusive and Article
6 (commencing with Section 119319), unless specifically exempted by
this article.
(b) A mobile body art facility that is either a special purpose
commercial modular and coach, as defined by Section 18012.5, or a
commercial modular coach, as defined by Section 18001.8, shall be
certified by the Department of Housing and Community Development,
consistent with Chapter 4 (commencing with Section 18025) of Part 2
of Division 13, and regulations promulgated pursuant to that chapter.
(c) The Department of Motor Vehicles occupational licensing
requirements, Division 5 (commencing with Section 11100) of the
Vehicle Code, shall also apply to these mobile body art facilities.
(d) The local enforcement agency shall approve all equipment
installation prior to operation.
119316.1. A mobile body art facility shall have all of the
following:
(a) A fixed hand wash sink in the procedure area for the exclusive
use of the practitioner that meets all of the following
requirements:
(1) Availability of containerized liquid soap and single-use paper
towels that are dispensed from a wall-mounted, touchless dispenser.
(2) A pressurized supply of at least five gallons of potable
water.
(3) Warm water.
(4) The sink measures at least nine inches wide, nine inches long,
and five inches deep.
(b) All counter surfaces and service trays shall have a smooth,
durable, and nonabsorbent finish.
(c) A waste water tank that shall be sized to be a minimum of 1.5
times the size of the potable water tank.
119316.2. (a) All body art procedures shall be completed inside
the mobile body art facility.
(b) The mobile body art facility's doors and windows shall remain
closed during procedures.
(c) Notwithstanding subdivision (b), a mobile body art facility
may keep doors or windows open during a procedure only if the
openings are covered by a screen constructed to cover the entirety of
the opening that is the equivalent of a 16 mesh per square inch
screen or better.
119316.3. A mobile body art facility shall use only purchased
disposable, single-use, presterilized instruments.
119316.4. A mobile body art facility shall only be operated
within 200 feet of an accessible restroom.
119316.5. A mobile body art facility shall be used exclusively
for performing body art and shall not be used as a living space or
residence.
SEC. 15. Section 119317 of the Health and Safety Code is amended
to read:
119317. A practitioner may, in the local jurisdiction of
registration, practice in a temporary demonstration booth for no more
than seven days in a 90-day period. The demonstration booth shall
meet all of the following requirements:
(a) Be located within a building that has hand washing facilities
with hot and cold running water, soap, and single-use paper towels to
which practitioners have direct access.
(b) Constructed with a partition of at least three feet in height
separating the procedure area from the public.
(c) Have floor space of at least 50 square feet for each
practitioner.
(d) Be free of insect or rodent infestation.
(e) Used exclusively for performing body art.
(f) Equipped with adequate light available at the level where the
practitioner is performing body art.
(g) (1) For temporary body art events consisting of one
demonstration booth, the booth shall be equipped with hand washing
equipment that, at a minimum, consists of containerized liquid soap,
single-use paper towels, a five-gallon or larger container of potable
water accessible via spigot, and a wastewater collection and holding
tank of corresponding size. Potable water shall be refilled and the
holding tank evacuated frequently to provide uninterrupted use, or as
determined by the local enforcement agency.
(2) For temporary body art events consisting of two or more
demonstration booths, practitioner hand wash areas shall be provided
throughout the event. The hand wash areas shall be located within a
booth with partitions at least three feet in height separating the
hand wash area from the public. The area shall be equipped with a
commercial, self-contained hand wash station that consists of
containerized liquid soap, single-use paper towels, a storage
capacity of five gallons or more of potable water, and a trash
receptacle. The sponsor shall provide one hand wash area for every
two demonstration booths at the event.
(h) Have smooth, cleanable flooring.
(i) No food, drink, or tobacco products are permitted in the
demonstration booth.
(j) Not allow animals within the confines of the demonstration
booth.
(k) Be operating with all necessary permits to conduct business.
In addition to the penalties available pursuant to Article 6
(commencing with Section 119320), a sponsor or practitioner who
violates this subdivision shall be subject to closure of the
temporary body art event or a penalty not to exceed three times the
cost of the permit or both closure and the penalty.
SEC. 16. Section 119318 of the Health and Safety Code is amended
to read:
119318. (a) The sponsor of a temporary body art event shall
obtain all necessary permits to conduct business in the jurisdiction
where the event will be held. The sponsor shall submit a complete
temporary facility permit application to the local enforcement agency
a minimum of 30 days prior to the date of the scheduled event. 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 shall not allow a person to perform body art
procedures at the event unless the person has a valid body art
practitioner registration.
(c) 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) A demonstration booth that meets the requirements of
subdivisions (a) to (k), inclusive, of Section 119317.
(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) Wastewater removal and potable water recharge for hand wash
areas at a frequency that will provide uninterrupted use, or as
determined by the local enforcement agency.
(7) When applicable, decontamination and sterilization area that
is separated from a procedure area by at least five feet or by a
cleanable barrier.
(8) 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.
(I) All forms and documents required to perform body art,
including, but not limited to, client consent forms, medical history
forms, aftercare instructions, and single-use instrument logs.
(d) The name, telephone number, and directions to an emergency
room near the temporary body art event shall be posted in a
conspicuous location.
(e) 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.
SEC. 17. Section 119319 of the Health and Safety Code is amended
to read:
119319. (a) An enforcement officer may enter a body art facility
during the facility's hours of operation and other reasonable times
to do any of the following:
(1) Conduct inspections, issue citations, and secure samples,
photographs, or other evidence from a body art facility, or any
facility suspected of being a body art facility.
(2) Check the Infection Prevention and Control Plan, required
pursuant to Section 119313, to determine if persons working in the
facility are following the plan, and to determine if the plan is in
compliance with this chapter.
(3) Secure as evidence documents, or copies of documents,
including the Infection Prevention and Control Plan, or any record,
file, paper, process, invoice, or receipt for the purpose of
determining compliance with this chapter.
(b) A written report shall be made and a copy shall be supplied or
mailed to the owner or practitioner at the completion of an
inspection or investigation.
(c) Based upon inspection findings or other evidence, an
enforcement officer may impound instruments that are found to be
unsafe to use, used in an unapproved manner, or used in an unapproved
location. Within 30 days, the local enforcement agency that has
impounded the equipment shall commence proceedings to release the
instrument or to seek administrative or legal remedy for its
disposal.
(d) It is a violation of this chapter for the owner or a person
working in a body art facility to do any of the following:
(1) Conceal records or evidence, or to withhold evidence.
(2) Interfere with the performance of the duties of an enforcement
officer.
(3) Make a false statement, representation, certification, record,
report, or otherwise falsify information required to be submitted or
maintained pursuant to this chapter.
SEC. 18. Section 119323 of the Health and Safety Code is amended
to read:
119323. Performing body art without being registered, performing
body art at an unpermitted location, operating a body art facility
without a health permit, or operating a temporary body art event
without a permit shall be a misdemeanor. The local enforcement agency
may also assess an administrative penalty in an amount not less than
twenty-five dollars ($25) and not more than one thousand dollars
($1,000) for violation of any provision of this chapter. All fines
are to be retained by the local enforcement agency for enforcement of
the provisions of this chapter.
SEC. 19. Section 119325 of the Health and Safety Code is amended
to read:
119325. (a) The piercing of the ear with a mechanical stud and
clasp device does not constitute body art or body piercing as defined
in this chapter. It is the intent of the Legislature, in enacting
this article, to provide uniform and statewide requirements for the
performance of ear piercing with a mechanical stud and clasp device.
The piercing of an ear with a mechanical stud and clasp device shall
only be subject to the requirements in this article.
(b) The area within a facility where mechanical stud and clasp ear
piercing is conducted shall be safe and sanitary and shall not
constitute a threat to the public health and safety, as reasonably
determined by the local enforcement agency.
(c) The mechanical stud and clasp device that is used to pierce an
ear pursuant to this article shall be single-use, presterilized,
stud and clasp only.
(d) The single-use mechanical stud and clasp device used to pierce
an ear pursuant to this article shall meet the jewelry requirements
in subdivision (e).
(e) Only jewelry made of ASTM F138, ISO 5832-1, and AISI 316L or
AISI 316LVM implant grade stainless steel, solid 14-karat through
18-karat yellow or white gold, niobium, ASTM F 136 6A4V titanium,
platinum, or other materials found to be equally biocompatible shall
be placed in newly pierced skin.
SEC. 20. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.