A voice for beauty in california

SCHWARTZENEGGER SIGNS YEE BILL INTO LAW:
MANICURE, PEDICURE AND FOOTSPA DISINFECTION
MADE HIGH PRIORITY FOR SALONS

ASSOCIATED PRESS
4:22 p.m. September 22, 2006

SACRAMENTO – State inspectors could immediately shut down an unsanitary nail salon under a new law signed Friday by Gov. Arnold Schwarzenegger.

The law was passed after several incidents of bacterial outbreaks and the recent death of a Mountain View woman, who contracted an infection during a pedicure.

In a statement announcing his action, Schwarzenegger said “unsanitary nail salons pose a serious health threat to consumers.”

The law takes effect immediately.

Assemblyman Leland Yee, D-San Francisco, who authored the law, called the measure a good first step toward cleaning unsanitary nail salons that can breed disease.

“Salons that are failing to use the proper disinfectants and cleaning mechanisms are not innocent businesses, but are irresponsible businesses risking the health of consumers and an entire industry,” he said.

Customers can contract bacterial infections if manicurists do not properly sanitize their tools between jobs. There are approximately 290,000 manicurists and cosmetologists operating in California, and health inspectors do not have enough staff to pursue all complaints.

Schwarzenegger last year vetoed similar legislation by Yee that would have established new salon cleaning requirements and required customers be notified if an establishment violated health and safety codes. The governor directed the Department of Consumer Affairs to establish a working group on footspa safety.

The state Board of Barbering and Cosmetology, which regulates the industry, approved new footspa cleaning requirements and raised fines to $5,000.

The bill signed Friday also gives the board the power to shut down a salon without a hearing if the public's health or safety is threatened. A salon found in violation could be placed on probation for one year, required to complete training in health and safety laws and regulations, and undergo re-inspection at the cost of establishment owner.

There have been a number of outbreaks in California nail salons. In 1999 and 2000, a salon in Watsonville that did not properly clean its equipment caused a mycobacterial infection in more than 100 women. In November 2004, another outbreak in San Jose caused leg lesions and infections in more than 120 people, according to Yee's office.

Complications from an infection are suspected to have led to the death of a 43-year-old Mountain View woman earlier this year.

SAN FRANCISCO – California today enacted an urgency law aimed at protect consumers from unsanitary nail salons. Governor Arnold Schwarzenegger (R-Los Angeles) signed into law AB 409, authored by Assemblymember Leland Yee (D-San Francisco/Daly City). Unlike other bills signed into law this month by the Governor which don’t take effect until January 1, AB 409 becomes law immediately.

The new law comes after a number of outbreaks and a recent death in Mountain View which is suspected to have been caused by an infection received during a pedicure.

“Fortunately, members of both sides of the aisle, the Legislature and the Governor, came together to swiftly enact this urgency measure,” said Yee.  “This bill is a good first step in cleaning up unsanitary salons and protecting consumers.”

“Unsanitary nail salons pose a serious health threat to consumers,” said Schwarzenegger.  “I want to thank Assemblymember Yee for his hard work on this important legislation that will protect consumers from suffering disease and infection should they visit unsanitary nail salons.”

Last year, Yee successfully passed legislation establishing new cleaning requirements for salons and requiring notification to consumers who visit salons found in violation of health and safety codes, but the bill was vetoed by Schwarzenegger.  However, the Governor’s veto message directed the Department of Consumer Affairs to establish a working group on footspa safety.

The working group made several recommendations, including a new set of footspa cleaning requirements and increasing fines to $500 per footspa chair or cleaning log for a maximum of $5,000 per inspection – which are being implemented by the Board of Barbering and Cosmetology. The other recommendations are included in AB 409.

AB 409 directs the Board of Barbering and Cosmetology to immediately suspend any license without advance hearing, if the action is necessary to protect the public health and safety. A licensee found in violation could be placed on probation for one year, required to undertake remedial training in health and safety laws and regulations, subject to re-inspection at the cost of establishment owner, as well as new citation fines.

“Salons that are failing to use the proper disinfectants and cleaning mechanisms are not innocent businesses, but are irresponsible businesses risking the health of consumers and an entire industry,” said Yee. “AB 409 will not only make sure those businesses pay a price for putting the public at risk, but that they receive the necessary remedial health and safety training and pay the cost of re-inspection, not the taxpayer.”

There has been a dramatic rise in the number of people complaining of persistent lesions and infections after visiting nail salons.  California has been especially hard hit by the outbreak, with hundreds of women reporting cases of a rare bacterial infection linked to pedicures and manicures. 

In 1999 and 2000, there was an outbreak of infection from a salon in Watsonville, California, that caused mycobacterial infections in over 100 women.  The outbreak was due specifically to the lack of cleaning the pedicure equipment properly.  In November 2004, another outbreak occurred in San Jose that had people complaining about leg lesions and infections.  The assessment is that 27 salons were involved with over 120 people infected.

Complications from one such infection are suspected to have led to the recent death of Jessica Mears, a 43-year old woman from Mountain View. In February, doctors determined that another woman in Fort Worth, Texas died as a result of a staph infection caused by bacteria from a nail salon.

There are more than 290,000 manicurists and cosmetologists in California licensed through the state Board of Barbering and Cosmetology.

When visiting a salon, consumers should look out for the following:

• manicures and pedicures should not be painful or leave your cuticles bloody and swollen
  
• manicurists/pedicurists should wash their hands with soap and water before touching a client's hands/feet
  
• thorough washing and disinfecting of all tools should be performed after every use
  
• make sure the technician is washing the instruments in hot soapy water and that disinfectant is applied to the instruments
  
• soiled instruments must be stored separately from clean instruments
  
• emery boards that are not approved for disinfection should be discarded after use to prevent transmission of yeast or bacterial infections from one client’s nails to the next
  
• instruments and supplies that cannot be disinfected, such as orange sticks and the sponges placed between the toes should be thrown away immediately after use
  
• the salon should have adequate ventilation without an overwhelming smell of nail polish or polish remover that may cause an increased fire hazard
  
• drill bits should be cleaned after each client
  
• foot spas or foot bath units should be cleaned and disinfected after each use
  
• the technician’s work area should be free of debris and dirt
  
• the salon’s license should be posted in plain view in the reception area and the nail technician’s license should be posted at his or her work station. Both licenses should be current.
  

Assemblymember.Yee@assembly.ca.gov