BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1168
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1168 (Pan)
          As Amended June 24, 2013
          Majority vote
           
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          |ASSEMBLY:  |74-0 |(April 8, 2013) |SENATE: |38-0 |(September 6,  |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    HEALTH  

           SUMMARY  :  Makes a number of changes to existing law governing  
          the business of body art in California to improve safety and  
          enforcement in permanent, temporary, and mobile facilities.

           The Senate amendments  make a number of additional changes,  
          including: 

           1)Informed consent requirement  .  Add to currently required  
            informed consent a notice that tattoo inks have not been  
            approved by the federal Food and Drug Administration and have  
            unknown health consequences.

           2)Standards for practitioners  .  

             a)   Require practitioners, when covering a procedure site at  
               the completion of a procedure, to use a sterile dressing.

             b)   Add single-use marking pens to the materials allowed to  
               be used when measuring a body piercing site.

           3)Standards for facilities  .

             a)   Prohibit a body art facility from allowing a  
               practitioner to perform body art procedures at the facility  
               without a valid practitioner registration.

             b)   Require a body art facility to notify the local  
               environmental health department (LEHD) in writing within 30  
               days of the resignation, termination, or new hire of a body  
               art practitioner.

             c)   Require all sinks in procedure areas of body art  
               facilities to be permanently plumbed and meet local  








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               building and plumbing codes by July 14, 2014.  

             d)   Require counter surfaces and service trays in procedure  
               areas of body art facilities to have a smooth, durable, and  
               nonabsorbent finish.

             e)   Delete a requirement for liquid soap provided in  
               decontamination and sterilization areas to be wall-mounted.

             f)   Remove a requirement for decontamination and  
               sterilization areas to be equipped with a sharps waste  
               container.

             g)   Clarify that sharps waste can be disposed of by a  
               licensed waste hauler, with materials disposed of at a  
               licensed treatment facility or removed and transported  
               through a mail-back system authorized by the California  
               Department of Public Health.

             h)   Require facilities to maintain documentation of proper  
               disposal of sharps waste for three years and make  
               documentation available for inspection by an enforcement  
               officer.

             i)   Clarify that clean instruments are not required to be  
               placed in sterilization packaging if the instruments are  
               being processed for immediate use and that sterilization  
               packaging does not need to be labeled with the name of the  
               instrument if the instrument is immediately identifiable.

             j)   Require sterilization cycle logs and biological  
               indicator monitoring test results to be kept onsite for  
               three years. 

             aa)  Require a body art facility that uses purchased  
               disposable, single-use, presterilized instruments to retain  
               written proof on company or laboratory letterhead showing  
               that the presterilized instruments have undergone a  
               sterilization process, as specified. 

           4)Mobile body art facilities  .  Delete existing permit  
            requirements for a practitioner that performs body art in a  
            vehicle and instead establish new requirements governing all  
            aspects of a mobile body art facility:









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             a)   A fixed hand wash sink must be in the procedure area for  
               the exclusive use of the practitioner that meets  
               requirements related to availability of liquid soap, paper  
               towels, pressurized water supply, warm water, and minimum  
               size.

             b)   Counter surfaces and service trays must have a smooth,  
               durable, and nonabsorbent finish.

             c)   A facility must have a waste water tank at least 1.5  
               times the size of the potable water tank. 

             d)   All body art procedures must be completed inside the  
               mobile facility 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.

             e)   Only purchased disposable, single-use, presterilized  
               instruments may be used in a mobile body art facility.

             f)   A mobile body art facility must be within 200 feet of an  
               accessible restroom, must be used exclusively for  
               performing body art, and must not be used as a living space  
               or residence.

           5)Temporary body art events and demonstration booths  .  

             a)   Require temporary demonstration booths to have floor  
               space of at least 50 square feet for each practitioner.

             b)   At temporary demonstration booths, require the holding  
               tank for wastewater to be evacuated frequently to provide  
               uninterrupted use, or as determined by the local  
               enforcement agency, rather than after every four procedures  
               or every four hours.

             c)   For temporary body art events consisting of two or more  
               demonstration booths, require one hand wash area for every  
               two demonstration booths, with hand wash areas meeting  
               standards related to separation from the public,  
               containerized liquid soap, single-use paper towels, potable  
               water storage, and trash receptacles. 

             d)   Require temporary demonstration booths to have smooth,  
               cleanable flooring.








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             e)   Prohibit food, drink, or tobacco products in the  
               demonstration booth.

             f)   Allow for closure and/or a fine, rather than requiring  
               both, for a temporary body art event that operates without  
               all necessary permits.

             g)   Require the sponsor of a temporary body art event to  
               submit a complete temporary facility permit application to  
               the local enforcement agency at least 30 days prior to the  
               event.

             h)   Require the sponsor of a temporary body art event to  
               ensure that every person performing body art procedures at  
               the event has a valid body art practitioner registration.

             i)   Make the sponsor of a temporary body art event  
               responsible for ensuring the availability of demonstration  
               booths that meet specified requirements for practitioners  
               and vendors.

             j)   Make the sponsor of a temporary body art event  
               responsible for ensuring the availability of waste water  
               removal and potable water recharge for hand wash areas, as  
               specified.

             aa)  Require the sponsor of a temporary body art event to  
               ensure the availability for purchase of all forms and  
               documents required to perform body art, including client  
               consent forms, medical history forms, aftercare  
               instructions, and single-use instrument logs. 

           6)Enforcement  .

             a)   Expand authority for inspectors to impound instruments  
               to include those used in an unapproved manner, or used in  
               an unapproved location.

             b)   Expand misdemeanor and administrative penalties to  
               include performing body art at an unpermitted location.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.









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           Analysis Prepared by  :    Ben Russell / HEALTH / (916) 319-2097 


          FN: 0001496