BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1168
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1168 (Pan)
          As Introduced February 22, 2013
          Majority vote 

           HEALTH              16-0                                        
           
           -------------------------------- 
          |Ayes:|Pan, Logue, Ammiano,      |
          |     |Atkins, Bonilla, Bonta,   |
          |     |Gomez, Gordon,            |
          |     |Maienschein, Mansoor,     |
          |     |Nazarian, Nestande, V.    |
          |     |Manuel Pérez, Wagner,     |
          |     |Wieckowski, Wilk          |
          |     |                          |
           -------------------------------- 
           SUMMARY  :  Makes a number of technical and clarifying changes to  
          existing law governing practitioners engaged in the business of  
          body art in California.  Specifically,  this bill  :  

          1)Includes in the definition of a body art facility a specified  
            building, section of a building, or vehicle in which a  
            practitioner demonstrates body art for the purpose of  
            instruction.

          2)Requires personal medical information gathered from a customer  
            prior to the performance of body art to comply with existing  
            federal privacy law established under the Health Insurance  
            Portability and Accountability Act of 1996.

          3)Prohibits the performance of body art at any location other  
            than a permanent or temporary body art facility that has been  
            approved and inspected by the local environmental health  
            department (LEHD). 

          4)Deletes the requirement for practitioners who are initially  
            registering with the LEHD to provide evidence of at least six  
            months of related experience as there is no standard  
            definition of what constitutes experience.

          5)Authorizes a LEHD to 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.








                                                                  AB 1168
                                                                  Page  2



          6)Clarifies floor, wall, and ceiling surface requirements for  
            permanent body art facilities and requires these facilities to  
            have adequate restroom facilities.

          7)Authorizes the LEHD to determine the amount of separation  
            between the procedures area of a body art facility and the  
            areas of the facility not related to body art.

          8)Deletes the requirement for the decontamination and  
            sterilization areas of a body art facility to have sharps  
            containers because these areas primarily deal with reusable  
            equipment, not sharps. 

          9)Specifies that only service animals, as defined by the federal  
            Americans for Disabilities Act, are allowed in certain areas  
            of a body art facility.

          10)Deletes the requirement for temporary body art facilities to  
            have eye wash stations because no such requirement exists for  
            permanent body art facilities and these stations are not  
            required in the performance of body art. 

          11)Makes other minor technical and clarifying changes.

           FISCAL EFFECT  :  None

           COMMENTS  :  According to the sponsor, the California Association  
          of Environmental Health Administrators, which represents all 62  
          LEHDs with body art safety inspectors, this bill is intended as  
          a clean-up measure to make several technical, non-controversial  
          clarifications to the state's existing body art statutes.  The  
          sponsor states that this bill contains a number of relatively  
          small but important operational and structural refinements based  
          on input from practitioners and regulators in the field that are  
          needed to ensure effective and efficient implementation of the  
          state's body art laws. 

          The sponsor notes that, among other things, this bill will  
          remove an unenforceable apprenticeship requirement as both  
          regulators and industry practitioners agree that there are no  
          standards to verify what constitutes "experience;" require  
          practitioners to comply with federal privacy laws when obtaining  
          a customer's confidential medical information; clarify that  








                                                                  AB 1168
                                                                  Page  3


          sharps containers are not required in decontamination and  
          sterilization areas of a facility because all sharps waste is  
          gathered at the procedure area; and, make other clarifying  
          changes to ensure that LEHDs appropriately enforce operational  
          and structural requirements.

          AB 300 (Ma), Chapter 638, Statutes of 2011, creates the Safe  
          Body Art Act (Act) to set up a uniform regulatory and oversight  
          structure for the performance of tattooing, branding, body  
          piercing, and permanent makeup in California.  The Act requires  
          all body art practitioners to annually register with their LEHD,  
          obtain annual blood-borne pathogen training, provide  
          documentation of Hepatitis B vaccination status, and obtain  
          specific health information and informed consent from customers.  
           The Act also requires the owner of a body art facility to  
          obtain a permit from the LEHD, operate the facility in a safe  
          and clean manner, maintain written procedures for the operation  
          of the facility, and maintain records of training and equipment  
          sterilization.  The Act also regulates the performance of body  
          art at body art events in temporary demonstration booths and in  
          vehicles.  Inspectors from LEHDs conduct annual inspections of  
          body art facilities to determine compliance with the Act and  
          have the authority to suspend or revoke permits and  
          registrations under specified conditions. 

          The sponsor writes in support that the changes in this bill are  
          needed to reduce inconsistency and confusion with regard to  
          implementing the Act.  The sponsor adds that the provisions of  
          this bill reflect consensus from a large stakeholder group  
          comprised of environmental health regulators, tattooists, body  
          piercers, permanent cosmetic practitioners, the mechanical ear  
          piercing industry and other health trainers and safe body art  
          advocates.  Studex Corporation, a manufacturer of ear piercing  
          equipment states in support that this bill brings much needed  
          certainty, clarity, and statewide uniformity to the regulatory  
          oversight of the ear piercing industry.


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


                                                                FN: 0000065










                                                                  AB 1168
                                                                  Page  4