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