BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1168|
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THIRD READING
Bill No: AB 1168
Author: Pan (D)
Amended: 6/24/13 in Senate
Vote: 21
SENATE HEALTH COMMITTEE : 9-0, 6/19/13
AYES: Hernandez, Anderson, Beall, De León, DeSaulnier, Monning,
Nielsen, Pavley, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 4/8/13 - See last page for vote
SUBJECT : Safe body art
SOURCE : California Association of Environmental Health
Administrators
DIGEST : This bill makes a number of technical and clarifying
changes to existing law governing practitioners engaged in body
art in California including the business or performance of
tattooing, body piercing, branding and the application of
permanent cosmetics. Makes technical changes to the
requirements for the performance of ear piercing with a
mechanical device.
ANALYSIS :
Existing law:
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1. Establishes minimum statewide standards for the regulation of
body art practitioners engaged in the business of tattooing,
branding, body piercing and the application of permanent
cosmetics.
2. Requires, effective July 1, 2012, a local enforcement agency
(LEAs) to register practitioners and issue permits to body
art facilities annually following a site visit and review of
specified documentation, such as infection control plans.
3. Establishes a framework under which body art practitioners
qualify to provide services, including, among other things,
requirements for training, health and safety practices,
documentation handling and storage, and inspection
compliance.
4. Imposes specified prohibitions on body art practices,
including limitations on customers with regard to age and
medical condition, and requires informed consent to be given
and a signed consent form to be retained prior to the
provision of body art services.
This bill:
General Provisions
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. Deletes definition of "sharps waste" in current law for
purposes of the Safe Body Art Act, and instead, defines
"sharps waste" to mean any device or instrument having 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 all of the
following:
A. Tattooing needles and needle bars;
B. Disposable piercing needles; and
C. Disposable razors.
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3. Defines "sharps waste container" to mean a rigid, puncture
resistant, commercial container that, when sealed, is leak
resistant and cannot be reopened without great difficulty.
Requires such containers to be designed and constructed
specifically for the proper containment of sharps waste.
4. Defines "warm water" to mean water that is supplied through a
mixing valve or combination faucet at a temperature of at
least 100 degrees Fahrenheit.
Privacy
5. 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.
6. Deletes the requirement that body art facilities shred any
confidential medical information after two years from
performing the body art procedure on the client.
Practitioner Requirements
7. Prohibits a body art practitioner from performing body art at
any location other than a permanent or temporary body art
facility that has been approved and inspected by the LEA.
8. Deletes the requirement for practitioners who are initially
registering with the LEA to provide evidence of at least six
months of related experience.
9. Requires a practitioner, at the completion of performing a
body art procedure to use a sterile dressing when covering a
procedure site.
10.Adds a single-use marking pen to the items permitted to be
used when marking the body piercing site.
Permanent Body Art Facilities
11.Prohibits a body art facility from allowing a practitioner,
who does not possess a valid practitioner registration, from
performing body art procedures at the facility. Authorizes
an LEA to suspend or revoke the permit of a body art
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facility, if the facility allows an unregistered practitioner
who does not possess a valid practitioner registration to
perform body art.
12.Requires an owner of a body art facility to notify the LEA in
writing within 30 days of registration, termination, or new
hire of a body art practitioner at the body art facility.
13.Clarifies floor, wall, ceiling, counter and sink surface
requirements for permanent body art facilities and requires
these facilities to have adequate restroom facilities.
14.Authorizes the LEA to determine the amount of separation
between the procedures area of a permanent body art facility
and the areas of the facility not related to body art.
15.Requires each procedure area to have a sharps waste container
that meets specified requirements.
16.Requires the removal and disposal of all sharps waste to be
done by a licensed waste hauler and disposed of at a licensed
treatment facility or removed and transported through a
mail-back system authorized by the Department of Public
Health.
17.Requires documentation of proper disposal of sharps waste to
be maintained for three years and to be available for
inspection upon request of the enforcement officer.
18.Specifies that only service animals, as defined by the
federal Americans for Disabilities Act, are allowed in
certain areas of a body art facility.
19.Requires the results of the biological indicator monitoring
test used during the sterilization process to be recorded in
a log that is kept on site for three years after the date of
the results. Requires a written log of each sterilization
cycle to be maintained for three years and made available for
inspection upon request of the enforcement officer.
20.Requires a body art facility that does not have access to a
decontamination and sterilization area, as specified, or
sterilization equipment to maintain written proof on company
or laboratory letterhead showing that the pre-sterilized
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instruments have undergone a sterilization process. Requires
the written proof to clearly identify the lot or batch number
of the sterilizer run.
Mobile Body Art Facilities
21.Deletes existing permit requirements for a practitioner that
performs body art in a vehicle and, instead, establishes new
requirements governing all aspects of a mobile body art
facility including vehicle specifications and requirements
regarding counters, sinks, service trays, soap and paper
towel dispensers, potable water and waste water.
22.Requires, in mobile body art facilities, that all body art
procedures be completed inside with doors and windows closed
during the procedure unless the doors and windows are covered
by a 16 mesh per square inch screen or better.
23.Requires a mobile art facility to use only purchased
disposable, single-use, pre-sterilized instruments. Requires
a mobile art facility to be operated within 200 feet of an
accessible restroom. Requires a mobile art facility to be
used exclusively for performing body art and prohibits a
mobile art facility from being used as a living space or
residence.
Temporary Body Art Facilities
24.Adds, for temporary body art facilities, requirements
regarding floor space, hand washing, trash pick-up, waste
water removal, potable water storage capacity, and adequate
back-up supplies. Prohibits food, drink or tobacco products
in temporary body art facilities.
25.Requires the sponsor of a temporary body art event to obtain
all necessary permits to conduct business in the jurisdiction
where the event will be held. Requires the sponsor to submit
a complete temporary facility permit application to the LEA a
minimum of 30 days prior to the date of the scheduled event.
26.Prohibits the sponsor of a temporary body art event from
allowing a body art practitioner to perform body art
procedures at the event unless the person has a valid
California Body Art Practitioner Registration.
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27.Deletes the requirement for temporary body art facilities to
have eye wash stations.
Mechanical Stud and Clasp Ear Piercing
28.Specifies that the piercing of the ear with a mechanical stud
and clasp device does not constitute body art or body
piercing. Clarifies that ear piercing equipment with a
disposable, single-use, pre-sterilized stud and clasp, made
with specified materials, may be used only for piercing the
ear pursuant to existing law.
Enforcement
29.Permits an enforcement officer to impound instruments that
are found during an inspection that have been used in an
unapproved manner, or used in an unapproved location.
30.Makes other technical and clarifying changes.
Consent
31.Adds to the list of requirements included on informed consent
form, a notice that tattoo inks, dyes, and pigments have not
been approved by the federal Food and Drug Agency (FDA) and
the health consequences of using these products is unknown.
Background
According to the Centers for Disease Control and Prevention,
body art is becoming increasingly common, with 21% of adults in
the United States reporting having at least one tattoo. Unsafe
tattooing and piercing practices can lead to serious health
impacts such as hepatitis or HIV infection, as well a range of
other bloodborne infections. Complications are fairly uncommon,
given how common tattoos and piercings are, but because body art
breaches the skin, infections are a risk, nevertheless. Tattoo
inks are classified as cosmetics and, with limited exceptions,
are not regulated by the federal FDA. Long-term effects of
these inks are unknown. Specific risks of tattoos include
bloodborne diseases, skin disorders, skin infections, allergic
reactions, and complications during diagnostic imaging such as
Magnetic Resonance Imaging. Piercing also carries risks,
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including infection, allergies, nerve damage, and excessive
bleeding.
Prior legislation
AB 300 (Ma, Chapter 638, Statutes of 2011) regulates the
performance of body art in California.
AB 223 (Ma of 2010), and AB 517 (Ma of 2009), both of which were
substantively identical to AB 300, were vetoed by Governor
Schwarzenegger who stated in his veto messages that he did not
see a compelling need for additional legislation, given that
local jurisdictions have the option to establish these
requirements in their own county and many have chosen to do so.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/2/13)
California Association of Environmental Health Administrators
(source)
Studex Corporation
ARGUMENTS IN SUPPORT : According to the author's office, since
the implementation of AB 300 (Ma, Chapter 638, Statutes of
2011), which created the Safe Body Art Act, both the industry
and regulators have identified a number of small but important
adjustments that need to be made to the law to ensure effective
and efficient implementation. This bill represents consensus
language drafted by a stakeholder group assembled by the
California Conference of Directors of Environmental Health
(CCDEH) which includes environmental health regulators,
tattooists, body piercers, permanent cosmetic practitioners, the
mechanical ear piercing industry and other health trainers and
safe body art advocates.
The sponsor of this legislation, the California Association of
Environmental Health Administrators (CAEHA), which represents
all 62 local environmental health departments and the body art
safety inspectors in the state, writes in support that this bill
is essentially a "clean-up" of the Safe Body Art Act which was
signed into law in 2011.
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Studex Corporation, a California manufacturer of ear piercing
instruments, writes in support that this bill appropriately
reinforces and leaves unchanged one of the basic premises of the
Safe Body Art Act which is that modern retail ear piercing.
ASSEMBLY FLOOR : 74-0, 4/8/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Cooley,
Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray, Grove,
Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Maienschein, Medina,
Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk,
Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Torres,
Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Conway, Donnelly, Lowenthal, Mansoor,
Melendez, Vacancy
JL:d 7/2/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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