BILL ANALYSIS Ó AB 1168 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1168 (Pan) As Amended June 24, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |74-0 |(April 8, 2013) |SENATE: |38-0 |(September 6, | | | | | | |2013) | ----------------------------------------------------------------- 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 AB 1168 Page 2 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: AB 1168 Page 3 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. AB 1168 Page 4 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. AB 1168 Page 5 Analysis Prepared by : Ben Russell / HEALTH / (916) 319-2097 FN: 0001496