HomeMy WebLinkAboutAB 223 Ma - Tattoo & Body Art Parlors ,�„a-��
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CITY OF PALM DESERT
CITY MANAGER'S OFFICE
STAFF REPORT
REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON AB 223
(MA) AT ITS MEETING OF MARCH 30, 2010
DATE: April 22, 2010
CONTENTS: AB 223 Language
Recommendation
By Minute Motion, concur with the action taken by the Legislative Review Committee
at its meeting of March 30, 2010, and direct staff to prepare a letter of support for the
Mayor's signature with regard to AB 223 (Ma) relative to tattoo and body art parlors.
Committee Recommendation
The Legislative Review Committee directed staff to prepare a letter of support of AB 223.
Backqround
Current state law provides very little oversight and regulation for tattoo and body art parlors. AB 223
would delete the current law and substitute a much more comprehensive regulation of the industry.
The bill requires registration with the local enforcement agency, which in our case would be the
Riverside Department of Health. It would require owners and practitioners to maintain a health
permit, submit to inspections and follow very stringent public health regulations for public health and
safety.
If passed, this bill would ensure that individuals who operate these establishments would have to
meet the public health regulations and maintain a high level of safety and health in orderto maintain
their license. The bill is currently in committee without a hearing scheduled and our city's support
would be beneficial to the passage of the bill.
Fiscal Analysis
There is no fiscal impact to the City of Palm Desert
�ITY COUNCiLACTiON
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O N M. WOHLMUTH �)riginal on Fiie with City Clerk's Office
C Y MANAGER
AMENDED IN ASSEMBLY JANUARY 4,2010
AMENDED IN ASSEMBLY APRIL 15,2009
AMENDED IN ASSEMBLY MARCH 25,2009
CALIFORNIA LEGISLATURE-2009-10 REGULAR SESSION
ASSEMBLY BILL No. 223
Introduced by Assembly�e�rbers Member Ma��eu
(Principal coauthor: Senator Alquist)
February 4, 2009
. ,
, ,
. An act to repeal and add Chapter 7 (commencing with
Section 119300) of Part I S of Division 104 of the Health and Safety
Code, relating to body art.
LEGISLATIVE COUNSEL'S DIGEST
AB 223, as amended, Ma. .
' . Safe Body Art Act.
Under existing law, every person engaged in the business of tattooing,
body piercing, or permanent cosmetics is required to register with the
county in which that business is conducted, obtain a copy of the county's
sterilization, sanitation, and safety standards, as established by the
California Conference of Local Health Of,�'icers and distributed by the
State Department of Public Health, as spec�ed, and pay a one-time
registration fee of$25. Existing law allows the county to charge an
additional fee if necessary to cover the cost of registration and
inspection and allows a county to adopt regulations that do not conflict
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AB 223 —2—
with, or are mo�e comprehensive than, standards adopted by the
department.
Under existing law, a person who fails to register or who violates the
sterilization,sanitation, and safety standards is liable for a civil penalty
of up to $500, to be collected in an action brought by the prosecuting
attorney of the counry or city and counry in which the violation occurred.
This bill would, as of July 1, 2011, repeal these provisions and,
instead, enact the Safe Body Art Act. The act would prohibit a person
fi�om performing body art, as defzned, without registering annually with
the local enforcement agency. The bill would require practitioners to
comply with spec�ed requirements, including, among other things,
client information and questionnaires, vaccination, bloodborne pathogen
training, and sanitation. The bill would also require the owner of a
body art facility, as defined, to obtain and annually renew a health
permitfrom the local enforcement agency, as spec�ed, and to maintain
the body art facility in a spec�ed manner.
This bill would exemptfrom the definition of body art the piercing of
an ear with a disposable, single-use,presterilized stud or solid needle
that is applied using a mechanical device to force the needle or stud
through the ear but would impose spec�ed regulations on that practice.
The bill would require facilities performing ear piercing to register
annually with the local enforeement ageney.
The bill would allow the local enforcement agency to set the fee
amountfor registration at an amount suf�icient to cover the actual costs
of administering the program.
This bill would regulate the performance of body art in vehicles,
temporary booths, and at body art events and would require a person
sponsoring a body art event to obtain a permit and fulfill specifred
requirements.
The bill would allow inspection by an enforcement officer, and would
provide for the suspension or revocation of a certificate of registration
or a health permit in spec�ed circumstances. The bill would make
performing body art without being registered, operation of a body art
.facility without a health permit, or operation of a temporary body art
event without a permit a misdemeanor and would allow the local
enforcement agency to assess an administrative penalry, in an amount
not less than $25 and not more than $1,000 for violating a provision
of the chapter. �
This bill would allow a city, counry, or city and county to adopt
regulations or ordinances that do not conflict with, or are more stringent
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than, the provisions of the act as those provisions relate to body art.
Because this bill would place the inspection and enforcement
requirements on local governments and because it creates a new crime,
it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act
for spec�ed reasons.
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Vote: �!3-majority. Appropriation: no. Fiscal committee: �yes.
State-mandated local program: �yes.
The people of the State of California do enact as follows:
1 SECTION 1. Chapte�^ 7(commencing with Section 119300) of
2 Part 1 S of Division 104 of the Health and Safety Code is repealed.
3 SEC. 2. Chapter 7(commencing with Section 119300)is added
4 to Part I S of Division 104 of the Health and Safety Code, to read:
5
O CHAPTER 7. BODYART
7
8 Article 1. General Provisions
9
10 119300. (a) This chapter shall be known, and may be cited,
11 as the Safe Body Art Act.
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AB 223 —4—
1 (b) The purpose of this chapter is to provide minimum statewide
2 standards for the regulation of persons engaged in the business
3 of tattooing, body piercing, and the application of permanent
4 cosmetics in California. These requirements are intended to protect
5 both the practitioner and the clientfrom transmission of infectious
6 diseases through the application of proper body art procedures
7 and the control of cross-contamination of instruments and supplies.
8 119301. For purposes of this chapter, the following defznitions
9 shall apply:
10 (a) `Antiseptic solution"means a liquid or semiliquid substance
11 that is approved by the federal Food and Drug Administration to
12 reduce the number of microorganisms present on the skin and on
13 mucosal surfaces.
14 (b) "Bloodborne pathogen" means a disease-causing
15 microorganism that, when present in the blood, can be transmitted
16 to humans, including, but not limited to, hepatitis B virus (HBV),
17 hepatitis C virus(HCV),and human immunodeficiency virus(HIV).
18 (c) "Body art" means body piercing, tattooing, branding, or
19 application of permanent cosmetics.
20 (d) "Body art facility"means the spec�ed building, section of
21 a building, or vehicle in which a practitioner performs body art,
22 including reception areas, the procedure area, and the
23 decontamination and sterilization area. "Body art facility"does
24 not include a facility that only pierces the ear with a disposable,
25 single-use, presterilized clasp and stud or solid needle that is
26 applied using a mechanical device to force the needle or stud
27 through the ear.
28 (e) "Body piercing" means the creation of an opening in a
29 human body for the purpose of inserting jewelry or other
30 decoration. "Body piercing" includes, but is not limited to, the
31 piercing of an ear, including the tragus, lip, tongue, nose, or
32 eyebrow "Body piercing"does not include the piercing of an ear,
33 except for the tragus, with a disposable, single-use,presterilized
34 stud and clasp or solid needle that is applied using a mechanical
35 device to force the needle or stud through the ear.
36 (� "Branding" means the process in which a mark or marks
37 are burned into human skin tissue with a hot iron or other
38 instrument, with the intention of leaving a permanent scar
39 (g) "Client" means any individual upon whom a practitioner
40 performs body art.
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1 (h) `Decontamination and sterilization area" means a room,
2 or spec�c section of a room, that is set apart and used only to
3 decontaminate and sterilize instruments.
4 (i) `Department"means the State Department of Public Health.
5 (j) "Decontamination"means the use of physical or chemical
6 means to remove, inactivate, or destroy bloodborne pathogens on
7 a surface or item to the point where the pathogens are no longer
8 capable of transmitting infectious particles and the surface or item
9 is rendered safe for handling, use, or disposal.
10 (k) "Disinfectant"means a hospital tuberculocidal product or
11 hospital product that is registered by the federal Errvironmental
12 Protection Agency and labeled as effective against human
13 immunodeficiancy virus(HIV)and hepatitis B virus(HBV),for use
14 in decontaminating work surfaces.
l5 (l) "Enforcement ofJ"'icer" means all local health of�'icers,
16 directors of errvironmental health, and duly authorized
17 ertvironmental health specialists and eravironmental health
18 specialist trainees. �
19 (m) "Hand hygiene"means either of the,following:
20 (1) Thoroughly washing all surfaces of the hands and under the
21 fingernails with soap and warrrr water.
22 (2) In the absence of contamination with blood or other bodily
23 fluids, or obvious soiling, applying an antiseptic solution to all
24 the surfaces of the hands and underneath the fzngernails.
25 (n) "Instrument" means any nonmedical application device
26 used in performing body art, including, but not limited to, needles,
27 needle bars, needle tubes,forceps, hemostats, tweezers, razors, or
28 razor blades.
29 (o) "Local enforcement agency"means the local health agency
30 of the count}; city, or city and county. In jurisdictions where the
31 local health agency and the errvironmental health agency are
32 separate departments, the jurisdiction shall spec� which entity
33 will be the local enforcement agency for purposes of this chapter.
34 (p) "Mucosal surface"means the moisture-secreting membrane
35 lining of all body cavities or passages that communicates with the
36 exterior, including, but not limited to, the nose, mouth, vagina,
37 and urethra.
38 (q) "Owner"means either of the following.•
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AB 223 —6—
1 (1) The peYson or persons whose name or names appear on the
2 health permit, business license,property deed, or rental agreement
3 of the body art facility.
4 (2) A person, acting as a principal of a corporation or
5 partnership, who employs practitioners to perform body art or
6 other activity regulated by this chapter.
7 (r) "Permanent cosmetics"means the application of pigments
8 in human skin tissue for the purpose ofpermanently changing the
9 color or other appearance of the skin. This includes, but is not
10 limited to,permanent eyeliner, eyebrow, or lip color.
11 (s) "Potable water" means water that complies with the
12 standards for transient noncommuniry water systems pursuant to
13 the California Safe Drinking Water Act (Chapter 4 (commencing
14 with Section 116275) of Part 12).
l 5 (t) "Practitioner"means a person who performs body art on a
16 client.
17 (u) "Procedure area"means a room, or designated portion of
18 a room, that is set apart and only used to perform body art.
19 (v) "Procedure site"means the area or location on the human
20 body selected for the placement of body art.
21 (w) "Sharps waste" has the same meaning as that term is
22 deftned in Seetion 117755.
23 (x) "Sterilization" means the complete destruction of all
24 microbial life forms, including spores.
25 (y) "Tattooing"means the inseYtion ofpigment in human skin
26 tissue by piercing with a needle or needle bar.
27 (z) "Vehicle"means a vehicle that has been fitted or designed
28 to perform body art.
29 (aa) "Workstation" means the area within a procedure area
30 where a practitioner performs body art. The workstation includes,
31 but is not limited to, the client chair o�table, counter, mayo stand,
32 instrument tray, storage drawer, and practitioner's chair.
33
34 Article 2. Restrictions on the Performance of Body Art
35
36 119302. (a) Pursuant to Section 653 of the Penal Code, a
37 client shall be at least 18 years of age to be offered or to receive
38 a tattoo or permanent cosmetics application, regardless ofparental
39 consent.
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1 (b) Pursuant to Section 652 of the Penal Code, persons under
2 18 years of age shall not be offered or receive a body piercing
3 unless the piercing is performed in the presence of, or as directed
4 by a notarized release form by, his or her parent or guardian.
5 (c) A client shall be at least 18 years of age to be offered or to
6 receive a branding, regardless of parental consent.
7 (d) The piercing or application of permanent cosmetics to the
8 nipples or genitals of a minor is prohibited. The application of
9 permanent cosmetics to the nipples of a minor is authorized when
10 applied by a registered permanent cosmetic technician with the
11 consent of the minor's parent or guardian and as directed by a
12 physician.
13 (e) A body art faciliry may refuse to perform body piercing on
14 a minor, regardless of parental or guardian consent.
15 119303. (a) Prior to the performance of body art, the client
16 shall read, complete, and sign an informed consentform thatshall
l7 include, but not be limited to, all of the following information:
18 (1) A description of the procedure.
19 (2) A description of what the client should expect,following the
20 procedure, including suggested care and any medical
21 complications that may occur as a result of the procedure.
22 (3) A statement regarding the permanent nature of body art.
23 (4) Postprocedure inst�uctions that include all of the following:
24 (A) Information on the care of the procedure site.
25 (B) Restrictions on physical activities such as bathing,
26 recreational water activities, gardening, or contact with animals,
27 and the duration of the restrictions.
28 (C) Signs and symptoms of infection, including, but not limited
29 to, redness, swelling, tenderness of the procedure site, red streaks
30 going from the procedure site towards the heart, elevated body
31 temperature, o�purulent dYainage from the procedure site.
32 (D) Signs and symptoms that indicate the need to seek medical
33 care.
34 (b) Prior to the performance of body art, the client shall receive,
35 complete, and sign a questionnaire that includes all of the following
36 information:
37 (1) Whether the client may be pregnant.
38 (2) Whether the client has a history of herpes infection at the
39 proposed procedure site, diabetes, allergic reactions to latex or
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AB 223 —8—
1 antibiotics, hemophilia or other bleeding disorder, or cardiac
2 valve disease.
3 (3) Whether the client has a history of inedication use or is
4 currently using medication, including being prescribed antibiotics
5 prior to dental or surgical procedures.
6 (4) Other risk factors for bloodborne pathogen exposure.
7 (c) The questionnaire and all responses shall be considered
8 confidential infoYmation. The body art facidity shall maintain the
9 privacy of the information and shall not sell,share, or transfer the
10 information. A body art faciliry shall comply with all state and
11 federal laws with respect to the protection of a clien2's personally
12 ident�able information, including, but not limited to, medical
13 information, and shall be subject to existing penalties for violation
14 of applicable laws. The body aYt facility shall shred any
15 confidential medical information after two years from performing
16 the body art procedure on the client.
17 119304. The piercing of the ear that does not constitute body
18 art shall be subject to the following requirements:
19 (a) A facility at which ear piercing is conducted shall be safe
20 and sanitary and not constitute a threat to public health and safety,
21 as determined by the local enforcement agency.
22 (b) A faciliry at which ear piercing is conducted shall register
23 annually with the local enforcement agency in whose jurisdiction
24 the facility is located. The registration documentation shall disclose
25 wheZher or not the facility pierces only the earlobe or pierces other
26 parts of the ear. If the facility pierces other parts of the ear,
27 practitioners shall receive additional training regarding the
28 piercing of ear cartilage.
29 (c) The local enforcement agency may charge a fee for
30 registration required by this section. The fee shall be set in an
31 amount suf�j�'icient to cover the actual costs of administering and
32 enforcing the provisions of this section. The local enforcement
33 agency may not set a different fee based on which part of the ear
34 is pierced.
35 (d) A person performing ear piercing shall meet the following
36 reguirements before providing services to the public:
37 (1) Be 18 years of age or older.
38 (2) Receive training on how to use the ear piercing device.
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l (3) Receive a minimum of one hour of training on types of
2 bloodborne pathogens and other communicable diseases, the modes
3 of transmission, and methods to control exposure.
4 (4) Receive training on proper hand hygiene and the use of
5 single-use equipment, including, but not limited to,gloves, towels,
6 and disinfectant wipes.
7 (e) The part of the mechanical ear stud device that contacts the
8 skin shall be single-use,presterilized stud and clasp only.
9 (� A single-use,presterilized clasp and stud used in ear piercing
10 pursuant to this section shall meet all applicable jewelry
11 requirements in subdivisions (a) and(b) of Section 119310.
12 119305. This chapter does not restrict the activities of a
13 physician and surgeon licensed under Chapter 5 (commencing
14 with Section 2000) of Division 2 of the Business and Professions
15 Code. Nothing in this chapter authorizes a practitioner to perform
16 activities that are restYicted under Chapter S (commencing with
17 Section 2000)ofDivision 2 of the Business and Professions Code.
18 . . .
19 Article 3. Practitioner Registration
20
21 119306. (a) A person shall not perform body art if he or she
22 is not registered with the local enforcement agency.
23 (b) As a condition of registration, the applicant shall provide
24 all of the following:
25 (1) Evidence of current hepatitis B vaccination, including
26 applicable boosters, unless the practitioner can demonstrate
27 hepatitis B immunity or has complied with current federal OSHA
28 hepatitis B vaccination deelination requirements.
29 (2) Evidence of completion of OSHA Bloodborne Pathogen
30 Training consistent with Section 119307 and pursuant to paragraph
31 (2) of subdivision (g) of Section 5193 of Title 8 of the California
32 Code ofRegulations or its successor.
33 (3) Evidence of completion of an accredited four-hour first aid
34 and CPR training course.
35 (4) Proof that he or she is 18 years of age or older.
36 (S) Self-cert�cation of, knowledge of, and commi�inent to meet
37 state law and relevant local regulations pertaining to body art
3 8 safery.
39 (6) His or her business address and the address at which he or
40 she will perform any activity regulated by this chapter
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1 (7) Payment of a registration .fee directly to the local
2 enforcement agency. The local enforcement agency shall set the
3 fee at an amount suf�'icient to cover the actual costs of
4 administering the program.
5 (c) A practitioner shall display, in a place readily visible to the
6 public at the body art facility where the practitioner is performing
7 body art, the certificate confzrming registration with the local
8 enforcement agency in the jurisdiction in which that practice is
9 conducted.
10 (d) A valid and current registration issued by a local
11 enforcement agency shall be valid in any other jurisdiction,for no
12 more than five consecutive days, or 1 S days total, in any one
13 calendar year.
14 (e) Practitioner registration shall be renewed annually by a
15 process to be determined by the local enforcement agency.
16 119307. (a) Prior to registering with the local enforcement
17 agency, a practitioner shall complete a Bloodborne Pathogens
18 Exposure Control Training program that is spec�c to his or her
19 practice.
20 (b) An owner shall provide Bloodborne Pathogens Exposure
21 Control Training pursuant to the requirements of paragraph (2)
22 of subdivision(g)of Section 5193 of Title 8 of the California Code
23 of Regulations, or its successor, for all employees, contractors,
24 and volunteers who perform duties within the decontamination
25 and sterilization area or procedure area.
26 (c) The Bloodborne Pathogens Exposure Control Training shall
27 meet all of the following criteria:
28 (1) Training shall be conducted by a person or persons who are
29 knowledgeable in e�posure control and infection prevention in the
30 body art setting and who are authorized federal Occupational
31 Safety and Health Administration General Industry Outreach
32 Trainers.
33 (2) Training and training materials shall be spec�c to
34 performing body art.
3 5 (3) Training shall consist of not less than four hours of training
36 that includes all of the following:
37 (A) A copy and explanation of the California Occupational
38 Safety and Health Administration Bloodborne Pathogens Standard
39 contained in Section 5193 of Title 8 of the California Code of
40 Regulations, or its successor.
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1 (B) A copy and explanation of Subchapter 11 of Title 17 of the
2 California Code of Regulations.
3 (C) A copy and explanation of applicable county, city, or ciry
4 and county ordinances that pertain to bloodborne pathogen
5 transmission control in body art.
6 (D) Discussion of transmission, control, and symptoms of the
7 diseases caused by bloodborne pathogens.
8 (E) Discussion of tasks iravolved in performing body art and
9 how those tasks may lead to e.xposure to bloodborne pathogens
10 for the client or practitioner.
11 (F) Discussion of the types and uses of personal protective
12 equipment, such as disposable gloves, including an ezplanation
13 of the limitations of the equipment.
14 (G) Discussion of the types of tasks,proper task technique, and
l 5 order of tasks before and after putting on and removing personal
16 protective equipment, to avoid contamination.
17 (H) Discussion of the importance of hand hygiene and a
18 demonstration of proper hand hygiene techniques.
19 (I) Discussion of choice, use, and storage of disinfectants and
20 antiseptics.
21 (J) Information on the signage required for biohazard materials
22 and the. importance ofproperly labeling chemicals and supplies.
23 (K) Information on hepatitis B vaccine, including safety and
24 accessibility.
25 (L) Discussion of what constitutes a bloodborne pathogen
26 exposure incident, including all of the following:
27 (i) Examples of bloodborne pathogen ecposure, how the
28 exposure occurred, and what actions to take to prevent or minimize
29 future ecposures.
30 (ii) Risk of infection following a bloodborne pathogen exposure
31 incident.
32 (iii) PYocedures to be followed after an exposure incident,
33 including medical followup.
34 (M) Opportunities for interactive questions and answers with
35 the instructor.
36 (d) Each person required to complete a Bloodborne Pathogens
37 Exposure Control Training program pursuant to this section shall
38 annually complete a minimum of two hours of Bloodborne
39 Pathogens Exposure Control Training update presented by a
40 trainer eligible pursuant to paragraph (1) of subdivision (c).
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AB 223 —12—
1 (e) Records of training reguired pursuant to this section shall
2 be maintained for three years and shall be available for inspection
3 upon request of the enforcement officer.
4 119308. (a) Before performing body art, the practitioner shall
5 do all of the following:
6 (1) Wash his or her hands as follows:
7 (A) Rinse his or her hands under running water
8 (B) Lather his or her hands with soap and use friction to clean
9 all surfaces of the hands and fzngers for at least 1 S seconds and
10 re-rinse his or her hands under running water to completely remove
11 soap.
12 (C) Dry his or her hands thoroughly with a single-use towel.
13 (D) Turn off the tap by using a towel or by elbow- or
14 foot-operated taps.
15 (2) Put on a clean apron, bib, or lap pad over clean, dry
16 clothing.
17 (3) Put on personal protective equipment that is appropriate
18 for the task.
19 (4) Don clean,previously unused,disposable examination gloves
20 on both hands just prior to the procedure. Gloves shall be worn
21 throughout the procedure. If gloves come into contact with any
22 object or surface other than the client's prepared skin or material
23 to be used for the procedure, or if a glove is torn or punctured,
24 both gloves shall be removed, hand hygiene performed, and new,
25 clean,previously unused, disposable e�amination gloves shall be
26 donned. If gloves are removed for any reason during a procedure,
27 hand hygiene shall be performed prior to donning new, clean,
28 previously unused, disposcrble examination gloves.
29 (5) If the skin at the procedure site is to be shaved, the skin shall
30 be fzrst washed with soap and water.A single-use, disposable razor
31 shall be used to shave the procedure site and then discarded into
32 a sharps container.
33 (6) Immediately prior to performing the body art, the client's
34 skin shall be prepared with an antiseptic solution, antimicrobial,
35 or microbicide, according to manufacturer's instructions, or with
36 70 percent isopropyl alcohol applied with a folded paper towel,
37 cotton ball, gauze, or swab using a circular motion, gradually
38 increasing the size of the circle until the entire procedure site is
39 cleaned. The item used for application shall be discarded after
40 use.
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1 (b) At the completion of the procedure, the practitioner shall
2 do all of the following.•
3 (1) Answer questions regarding the procedure site.
4 (2) Provide postprocedure instructions.
5 (3) Place all used or discarded sharps waste in a sharps waste
6 container.
7 (4) Wash and disinfect reusable instruments as provided in
8 subdivisions (d) and(e) of Section 119309.
9 (5) Package and sterilize reusable instruments that may have
10 come in contact with nonintact skin or mucosal surfaces.
11 (6) Decontaminate the workstation and procedure area.
12 119309. (a) The practitioner shall maintain a clean and
13 sanitary eravironment.
14 (b) All solid surfaces and objects in the procedure area and the
15 decontamination and sterilization area that have come into contact
16 with the client or the materials used in performing the body art,
17 including, but not limited to, chairs, armrests, tables, countertops,
18 and trays, shall be immediately decontaminated after each use
19 and then disinfected by application of either of the following:
20 (1) A disinfectant, used according to manufacturer's directions.
21 (2) A proprietary hypochlorite product, registered with the
22 federal Eravironmental Protection Agency and used according to
23 the manufacturer's directions, or a 1:100 dilution of hypochlorite,
24 prepared by mixing one part household bleach with 100 parts
25 water, mixed within the past 24 ho�urs. If the dilution of
26 hypochlorite is used, the solution shall be left on the surface for
27 10 to 20 minutes before rinsing with water.
28 (c) The surfaces and objects in the procedure area shall be
29 disinfected again before use if the area has been used for any
30 activity following its previous disinfection.
31 (d) The practitioner shall wear disposable gloves on both hands
32 when touching, decontaminating, or handling a surface, object,
33 instrument, or jewelry that is soiled or that is potentially soiled
34 with human blood.
35 (e) An instrument or other reusable item that comes into contact
36 with nonintact skin or mucosal surfaces shall either be single use
37 or be washed, disinfected, packaged, and sterilized after each
38 procedure. Sterilization shall be accomplished pursuant to the
39 procedures established in Section 119315 by steam autoclave.
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AB 223 —14—
1 (� An instrument or reusable item that does not come into
2 contact with nonintact skin or mucosal surfaces shall be washed
3 with a solution of soap and water, using a brush that is small
4 enough to clean the interior surfaces, and decontaminated after
5 each procedure.
6 (g) A reusable item that cannot be immediately washed,
7 disinfected, and sterilized following completion of the body art
8 procedure shall be placed in a basin of water with or without
9 detergent.
10 (h) Sterile instrument packs shall be evaluated before use, and
11 if the integNity of a pack is compromised in any way, including,
12 but not limited to, being torn,punctured, wet, or having evidence
13 of potential moisture contamination, the instrument pack shall be
14 discarded or reprocessed before use.
15 (i) No food, drink, tobacco product, or personal effects are
16 permitted in the procedure area. The practitioner shall not eat,
l7 drink, or smoke while performing a procedure. lf a client reguests
18 to eat, drink, or smoke, the procedure shall be stopped and the
19 procedure site shall be protected from possible contamination
20 while the client leaves the procedure area to eat, drink, or smoke.
21 (j) Branding shall not be done with another client in the
22 procedure area. During the procedure, the practitioner and the
23 client shall wear appropriate protective face fzlter masks.
24 119310. (a) Jewelry placed in newly pierced skin shall be
25 sterilized prior to piercing as spec�ed zn Section 11931 S or shall
26 be purchased presterilized. Sterile jewelry packs shall be evaluated
27 before use and, if the integrity of a pack is compromised, including,
28 but not limited to, being toYn, wet, or punctured, the pack shall be
29 discarded or reprocessed before use.
30 (b) Only jewelry made ofASTMF138, ISO 5832-1, and AISI
31 316L or AIS1316LVM implant grade stainless steel,solid 14-karat
32 through 18-karat yellow or white gold, niobium, ASTM F 136
33 6A4U titanium, platinum, or other materials found to be equally
34 biocompatible shall be placed in newly pierced skin.
35 (c) Ear piercing equipment with a disposable, single-use,
36 presterilized clasp and stud may be used only for piercing the ear
37 pursuant to Section 119304.
38 (d) If ineasuring the body piercing site is necessar}; clean
39 calipers shall be used and the skin marked using clean toothpicks
40 and ink.
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1 119311. (a) A product applied to the skin prior to tattooing
2 or application of permanent cosmetics, including, but not limited
3 to, stencils and marking and transfer agents, including pens, shall
4 be single use and discarded into a waste container at the end of
5 the procedure unless the product can be disinfected for reuse.
6 (b) Only commercially manufactured inks, dyes, and pigments
7 shall be used.
8 (c) Inks, pigments, soaps, and other products in multiple-use
9 containers shall be dispensed in a manner to prevent contamination
10 of the stoYage container and its remaining contents through the
11 use of a single-use receptacle.
12 (d) Inks and pigments shall be placed into a clean, single-use
13 receptacle. The inks and pigments remaining in the receptacle
14 shall be discarded immediately upon completion of the procedure.
15 (e) If a tray is used for inks or pigments, it shall be
16 decontaminated after each procedure.
l7 (� Only single-use needles and needle bars shall be used in
18 tattooing and the application ofpermanent cosmetics.Needles and
19 needle bars that are purchased in a nonsterilized state, shall be
20 sterilized,pursuant to the process required by Section 11931 S.
21 (g) Needles, needle bars, grommets, and razors shall be
22 discarded into a sharps waste container immediately upon
23 completion of the pYocedure.
24 (h) Any part of a tattooing machine that may be touched by the
25 practitioner during the procedure shall be covered with a
26 disposable plastic sheath that is discarded upon completion of the
27 procedure, and the machine shall be decontaminated upon
28 completion of the procedure.
29 (i) A machine used to insert pigments shall be designed with
30 removable tip parts between the tip and motor housing, and in a
31 manner that will prevent backflow into enclosed parts of the motor
32 housing.
33 (j) A hand tool used to insert pigment shall be disposed of in a
34 shar�s container with the sharps intact, unless the needle can be
35 mechanically ejected from the hand tool.
36
37 Article 4. Permanent Body Art Facilities
38
39 119312. (a) A body art_facility shall not conduct business
40 without a valid health permit.
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AB 223 —16—
1 (b) The application for a health permit for a body art facility
2 shall include all of the following:
3 (1) A copy of the facility's infection prevention control plan, as
4 required by Section 119313.
5 (2) A fee, as set by the local enforcement agency at an amount
6 su�'icient to cover the actual costs of administration of the
7 program.Fees established by this section shall be used exclusively
8 in support of activities pursuant to this chapter.
9 (c) The local enforcement agency shall issue a health permit
10 after an ircvestigation has determined that the proposed body art
l 1 ,facility and its method of operation meets the spec�cations of the
12 approved plans or conforms to the requirements of this article.
13 (d) A health permit is valid only for the location of the facility
14 and the time peYiod indicated an the peYmit and may not be
15 transferred to another owner or facility.
16 (e) The health permit shall be posted in a conspicuous place at
17 the body art_facility. Certificates of registration,for all practitioners
18 performing body art in that facility shall also be prominently
19 displayed either near the health permit or at the individual
20 practitioner's procedure area if each practitioner has a designated
21 area.
22 (� A person proposing to construct a practice site or mobile
23 practice site, other than a temporary body art event booth, shall
24 submit plans to the Plan Review Unit of the local enforcement
25 agency, and pay a fee set by the local enforcement agency at an
26 amount suf�}�'icient to cover the actual costs of the plan review
27 process. The plans shall be approved in advance of the issuance
28 of a building, plumbing, or electrical permit. All required
29 corrections must be made and the body art facility approved to
30 open before body art can be performed in the facility.
31 (g) Health permits shall be renewed annually through a process
32 to be determined by the local enforcement agency.
33 119313. (a) A body art facility shall maintain and follow a
34 written Infection Prevention and Control Plan, provided by the
35 owner or established by the practitioners,spec�ing the procedures
36 to achieve compliance with each applicable requirement of this
37 chapter.
38 (b) The Infection Prevention and Control Plan shall include all
39 of the following:
96
-17— AB 223
1 (1) Procedures for decontaminating and disinfecting
2 eravironmental surfaces.
3 (2) Procedures for decontaminating,packaging,sterilizing, and
4 storing reusable instruments.
5 (3) Procedures for protecting clean instruments and sterile
6 instrument packs from ecposure to dust and moisture during
7 storage.
8 (4) A set up and tear down procedure for any form of body art
9 performed at the body art facility.
10 (S) Techniques to prevent the contamination of instruments or
] 1 the procedure site during the performance of body art.
12 (6) Procedures for safe handling and disposal of sharps waste.
13 (c) The Infection Prevention and Control Plan shall be revised
14 when changes are made in infection prevention practices,
l 5 procedures, or tasks.
16 (d) Onsite training on the facility's Infection Prevention and
17 Control Plan shall take place when tasks where occupational
18 exposure may occur are initially assigned, any time there are
19 changes in the procedures or tasks, and when new technology is
20 adopted for use in the facility, but not less than once each year.
21 (e) Records of training required pursuant to this section shall
22 be maintained for three years and shall be available for inspeetion
23 upon request of the enforcement of�j�'zcer.
24 119314. (a) With the exception of a temporary demonstration
25 booth and a mobile site, as spec�ed in Sections 119317 and
26 119318, a body art facility shall comply with all of the following:
27 (1) Have floors, walls, and cezlings that are smooth,free of open
28 holes, and washable.
29 (2) Be free of insect and rodent infestation.
30 (3) Be separate from any residential areas used for sleeping,
31 bathing, or meal preparation. A body art facility associated with
32 a residential dwelling shall have a separate entrance and toilet
33 facility, and shall not have a door allowing direct access between
34 the body art facility and the residential dwelling.
35 (b) Procedure areas in a body art facility shall meet all of the
36 following standards:
37 (1) Be equipped with a light source of least I50 foot-candles of
38 light at the procedure area.
39 (2) Be separated, by a wall or ceiling-to floor partition,from
40 nail and hair activities.
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AB 223 —18—
1 (3) Be equipped with a sink supplied with hot and cold running
2 water, containerized liquid soap, and single-use paper towels that
3 are dispensed from a wall-mounted, touchless dispenser that is
4 accessible to the practitioner.
5 (c) Decontamination and sanitation areas within a body art
� 6 facility shall meet all of the following requirements:
7 (1) Be separated from procedure areas by a space of at least
8 five feet or by a cleanable barrier.
9 (2) Be equipped with a sink, hot and cold running water, liquid
10 soap in a wall-mounted dispenser, and single-use paper towels
11 dispensed from a wall-mounted, touchless dispenser that is readily
12 accessible to the practitioner.
13 (d) Each procedure area and decontamination and sterilization
14 area shall have waste containers lined with plastic bags spec�cally
15 manufactured for use in waste containers and large enough to fold
16 over the top rim of the waste container by a minimum of one inch.
l7 (e) Each procedure area and decontamination and sterilization
18 area shall have a container for the disposal of sharps waste that
19 meets the,following requirements:
20 (1) The sharps waste container shall be portable, if portability
21 is necessary to ensure that the sharps waste container is within
22 arm's reach of the practitioner.
23 (2) The sharps waste container shall be labeled wzth the words
24 "sharps waste" or with the international biohazard symbol and
25 the word "BIOHAZARD."
26 (3) All sharps waste produced during the process of tattooing,
27 body piercing, or the application of permanent cosmetics shall be
28 disposed by either of the following methods:
29 (A) Removal and disposal by a company, or removal and
30 transportation through a mail-back system approved by the
31 department pursuant to subdivision (b) of Section 118245.
32 (B) As solid waste, after being disinfected by a method approved
33 by the department pursuant to paragraph (3) of subdivision (a) of
34 Section 11821 S.
35 (fl No canimals shall be allowed in the procedure area or the
36 decontamination and sterilization area.
37 119315. A body art faciliry shall conform to the following
38 sterilization procedures:
39 (a) Clean instruments to be sterilized shall first be sealed in
40 peel packs that contain either a sterilizer indicator or internal
96
-19— AB 223
1 temperature indicator. The outside of the pack shall be labeled
2 with the name of the instrument, the date sterilized, and the initials
3 of the person operating the sterilizing equipment.
4 (b) Sterilizers shall be loaded, operated, decontaminted, and
5 maintained acco�ding to manufacturer's directions, and shall meet
6 all of the following standards:
7 (1) Only equipment manufactured for the sterilization of inedical
8 instruments shall be used.
9 (2) Sterilization equipment shall be tested using a commercial
10 biological indicator monitoring system after the initial installation,
11 after any major repair, and at least once per month. The expiration
12 date of the monitor shall be checked prior to each use.
13 (3) Each sterilization load shall be monitored with mechanical
14 indicators for time, temperature,pressure, and Class V integrators.
15 Each individual sterilization pack shall have Class V integrators.
16 (4) Biological indicator monitoring test results shall be recorded
17 in a log that shall be kept on site for two years after the date of
18 the results. •
19 (S) A written log of each sterilization cycle shall be retained on
20 site for two years and shall include all of the following information:
21 (A) The date of the load.
22 (B) A list o_f'the contents of the load.
23 (C) The exposure time and temperature.
24 (D) The results of the Class V integrator
25 (E) For cycles where the results of the biological indicator
26 monitoring test are positive, how the items were cleaned, and proof
27 of a negative test before reuse.
28 (c) Clean instruments and sterilized instrument packs shall be
29 placed in clean, dry, labeled containers, or stored in a labeled
30 cabinet that is protected from dust and moisture.
31 (d) Sterilized instruments shall be stored in the intact peel packs
32 or in the sterilization equipment cartridge until time of use.
33 (e) Sterile instrument packs shall be evaluated at the time of
34 storage and before use. If the integrity of a pack is compromised,
35 including, but not limited to, cases where the pack is torn,
36 punctured, wet, or displaying any evidence of moisture
37 contamination, the pack shall be discarded or reprocessed before
38 use.
39 (� A body art facility that does not afford access to a
40 decontamination and sterilization area that meets the standards
96
AB 223 —20—
1 of subdivision (c) of Seclion 119314 or that does not have
2 sterilization equipment shall use only purchased disposable,
3 single-use,presterilized instruments. In place of the requirements
4 for maintaining sterilization records, the following records shall
5 be kept and maintained for one year following the use of the
6 instruments at the site of practice for the purpose of verifying the
7 use of disposable, single-use,presterilized instruments:
8 (1) A record of purchase and use of all single-use instruments.
9 (2) A log of all procedures, including the names of the
10 practitioner and client and the date of the procedure.
11 119316. (a) If a practitioner performs body a�t in a vehicle,
12 a health permit is required if the practitioner will practice in the
13 vehicle in the jurisdiction for more than seven days in a 90-day
14 period. To obtain a health permit, the vehicle shall meet the
15 requirements set forth in subdivisions (b) to (�, inclusive, of
16 Section 119317.
17 (b) If the vehicle will be operating in the_jurisdiction,for less
18 than seven days in a consecutive 90-day period, the vehicle shall
19 be treated as a temporary booth and will be subject to Section
20 119317.
21
22 Article S. Temporary Body Art Facilities
23
24 119317. A practitioner may, in the local jurisdiction of
25 registration,practice in a temporary demonstration booth for no
26 more than seven days in a 90-day period. The demonstration booth
27 shall meet all of the following requirements:
28 (a) Be located within a building that has hand washingfacilities
29 with hot and cold running water,soap, and single-use paper towels
30 to which practitioners have direct access.
31 (b) Constrzrcted with a partition of at least three feet in height
32 separating the procedure area from the public.
33 (c) Be free of insect or rodent infestation.
34 (d) Used exclusively for performing body art.
35 (e) Equipped with at least I50 foot-candles of light available
36 at the level where the practitioner is performing body art.
37 (� Equipped with hand washing equipment that, at a minimum,
38 consists of containerized liquid soap, single-use paper towels, a
39 five-gallon or larger container of potable water accessible via
40 spigot, and a wastewater collection and holding tank of
96
—21— AB 223
1 corresponding size.Potable water shall be refzlled and the holding
2 tank evacuated at least every four procedures or every four hours,
3 whichever occurs first.
4 (g) Not allow animals within the confines of the demonstration
5 booth.
6 119318. (a) The sponsor of a temporary body art event shall
7 apply for and obtain a sponsor's permit from the local enforcement
8 agency in the jurisdiction where the event will be held.
9 (b) The sponsor of a temporary body art event shall be
10 responsible for ensuring the availabiliry of support facilities and
11 supplies for practitioners and vendors, including, but not limited
12 to:
13 (1) Access to a potable water supply.
14 (2) Restrooms that have flush toilets supplied with toilet paper
15 and hand wash sinks supplied with hot and cold potable running
16 water, soap, and single-use paper towels to which practitioners
l7 have direct access.
18 (3) Sharps waste containers for each demonstration booth.
19 (4) The use of a licensed medical waste disposal company.for
20 removal of all sharps waste containers used during the body art
21 event.
22 (S) Frequent trash pickup from derraonstration booths.
23 (6) An eye wash station.
24 (7) A decontamination and ste�ilization area that is separated
25 from a procedure area by at least five feet or by a cleanable
26 barrier.
27 (8) Adequate backup supplies that have been stored in
28 compliance with subdivision (d) of Section 119315 and that can
29 be purchased by practitioners, including, but not limited to:
30 (A) Presterilized tattoo needles.
31 (B) Presterilized needle tubes.
32 (C) Presterilized piercing instruments, including, but not limited
33 to, needles, receiving tubes, corks, marking tools, and forceps.
34 (D) Plastic bags, barrier film, clip cord covers, and plastic
3 5 wrap.
36 (E) Ink cups.
37 (F) Nitrile and latex gloves.
38 (G) Single-use tubes of water-based and petroleum-based
39 lubricants.
40 (H) Absorbent dressing materials.
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AB 223 —22—
1 (c) The name, telephone number, and directions to an emergency
2 room near the temporary body art event shall be posted in a
3 conspicuous location.
4 (d) Each practitioner working in a booth at a temporary body
5 art event shall display his or her cert�cate of registration, or keep
6 the cert�cate in a folder that is available for inspection upon
7 reguest of the enforcement officer or a client.
8
9 Article 6. Enforcement
10
11 119319. (a) An enforcement officer may enter a body art
12 facility during the facility's hours of operation and other
13 reasonable times to do any of the following:
14 (1) Conduct inspections, issue citations, and secure samples,
15 photographs, or other evidence from a body art facility, or any
16 facility suspected of being a body art facility.
17 (2) Check the Infection Prevention and Control Plan, required
18 pursuant to Section 119313, to determine if persons working in
19 the facility are following the plan, and to determine if the plan is
20 in compliance with this chapter.
21 (3) Secure as evidence documents, or copies of documents,
22 including the Infection Prevention and Control Plan, or any record,
23 ftle, paper process, irrvoice, or receipt for the purpose of
24 determining compliance with this chapter.
25 (b) A written report shall be made and a copy shall be supplied
26 or mailed to the owner or practitioner at the completion of an
27 inspection or irivestigation.
28 (c) Based upon inspection findings ar other evidence, an
29 enforcement of�icer may impound instruments that are found to
30 be unsafe to use. Within 30 days, the local enforcement agency
31 that has impounded the equipment shall commence proceedings
32 to release the instrument or to seek administrative or legal remedy
33 for its disposal.
34 (d) It is a violation of this chapter for the owner or a person
35 working in a body artfacility, to do any of the following:
36 (1) Conceal records or evidence, or to withhold evidence.
37 (2) Interfere with the performance of the duties of an
38 enforcement off'icer.
96
—23— AB 223
1 (3) Makeafalsestatement, representation, cert�cation, record,
2 report, or otherwise fals� information required to be submitted
3 or maintained pursuant to this chapter.
4 119320. (a) A cert�cate of registration or a health permit
5 may be suspended by a local enforcement agency for a violation
6 of this chapter
7 (b) A body art facility or practitioner whose cert�cate of
8 registration or health permit has been suspended shall cease doing
9 business until the certificate or permit has been reinstated.
10 Suspension of the registration of one practitioner in a body art
11 facility does not a.,�'ect the status of other practitioners in the facility
12 unless the violation or violations are for conditions or equipment
13 that affects the ability of all the practitioners in the facility to
14 comply with the provisions of this chapter
15 (c) A body art facility for which the health permit has been
16 revoked shall close and remain closed until a new health permit
17 has been issued.
18 (d) Whenever an enforcement offzcer finds that a practitioner
19 or body art facility is not in compliance with the requirements of
20 this chapter, a written notice to comply shall be issued to the
21 registrant or permitholder. If the registrant or permitholder fails
22 to comply, the enforcement o�icer shall issue a notice of violation
23 to the registrant or permitholder setting_forth the acts or omissions
24 with which the registrant or permitholder is charged,and informing
25 him or her of a right to a hearing, if requested, to show cause why
26 the registration or permit should not be suspended or revoked.
27 (e) (1) A written request for a hearing shall be made by the
28 registrant or permitholder within I S calendar days after receipt
29 of the notice.
30 (2) The hearing shall be held within 1 S calendar days of the
31 receipt of a request for a hearing. Upon written request of the
32 registrant or permitholder, the hearing o�"icer may postpone a
33 hearing date, if circumstances warrant the action.
34 (f} A_failure to request a hearing within 1 S calendar days after
35 receipt of the notice shall be deemed a waiver of the right to a
36 hearing.
37 (g) The hearing officer shall issue a written notice of decision
38 to the registrant or permitholder within five working days following
39 the hearing. In the event of a suspension or revocation, the notice
40 shall specify the acts or omissions with which the registrant or
96
AB 223 —24—
1 permitholder is charged, and shall state the terms of the suspension
2 or that the registration or health permit has been revoked.
3 (h) A cert�cate of registration or health permit may be
4 reinstated or a new cert�cate of registration or health permit
5 issued if the local enforcement agency determines that the
6 conditions that prompted the suspension or revocation no longer
7 exist.
8 119321. If an imminent health hazard is found, the enforcement
9 officer may suspend a registration temporarily and order the
10 practitioner to cease operation if the hazard is not corrected. If
11 the hazard affects the entire body artfacility, then the entirefaciliry
12 may be closed immediately. Whenever a registration or health
13 permit is suspended as the result of an imminent health hazard,
14 the enforcement ofJ�icer shall issue to the registrant or permitholder '
15 a notice setting forth the acts or omissions being charged,
16 spec�ing the pertinent code section, and informing the registrant
17 or permitholder of the right to a hearing.
18 119322. The local enforcement agency may, after providing
19 opportunity for a hearing, modify, suspend, or revoke a cert�cate
20 of registration or a health permit for serious or repeated violations
21 of any requirement of this chapter or for interference in the
22 performance of the duty of the enforcement offacer.
23 119323. Performing body art without being registered,
24 operating a body art faeility without a health permit, or operating
25 a temporary body art event without a permit shall be a
26 misdemeanor. The local enforcement agency may also assess an
27 administrative penalty in an amount. not less than twenty-fzve
28 dollars ($25) and not more than one thousand dollars ($1;000)
29 for violation of a provision of this chapter. All fines are to be
30 retained by the local enforcement agency for enforcement of the
31 provisions of this chapter.
32 ]19324. A city, county, or city and county may adopt
33 regulations or ordinances that do not conflict with, or are more
34 stringent than, the provisions of this chapter as they relate to body
3 5 art.
36 SEC. 3. This aet shall become opeYative on July 1, 2011.
37 SEC. 4. No reimbursement is required by this act pursuant to
38 Section 6 ofArticleXIIIB of the California Constitution for certain
39 costs that may be incurred under this act because a local agency
40 or school district has the authority to levy service charges,fees,
96
—25— AB 223
1 or assessments suffzcient to pay for the program or level of service
2 mandated by this act, within the meaning of Section 17556 of the
3 Government Code.
4 No reimbursement is required by this act pursuant to Section 6
5 ofArticle XIIIB of the California Constitution for those costs that
6 may be incurred by a local agency or school district because this
7 act creates a new crime or infraction, eliminates a crime or
8 infraction, or changes the penalty for a crime or infirraction, within
9 the meaning of Section 17556 of the Government Code, or changes
10 the definition of a crime within the meaning of Section 6 ofArticle
11 XIIIB of the Caltfornia Constitution.�
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96
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April 13, 2010
Honorable Fiona Ma
State Capitol
P.O. Box 942849
Sacramento, California 94249-0012
Dear Assembiyman Ma,
The City of Palm Desert supports passage of AB 223, a bill that provides for a
more comprehensive and appropriate level of public health oversight for the
tattoo parlor industry in the state. The City has been trying for a significant
period of time to monitor and regulate the tattoo parlor industry in our City, but
the current State laws do not allow municipalities much leverage or control over
what these businesses must do to maintain high levels of public health and
safety. We appreciate that AB 223 will provide for stronger and more appropriate
levels of oversight and regulation by our local public health officials which would
then be useful in our efforts to protect the public in our City.
We support this bill and urge your colleagues to do the same.
Sincerely,
CINDY FINERTY
MAYOR
CF/Iw
cc: Honorable Brian Nestande
Joe A. Gonsalves & Sons