September 22, 2005


Pedicure infections

A long and winding road: The life of a legislative bill

By Kymberli W. Brady
Staff Writer

To get a real grasp on the variety and complexity of our judicial system, try turning a bill into law.

Among the hundreds of others stacked neatly on the polished desk awaiting Governor Schwarzenegger’s signature [or veto] is AB 1263, known as the pedicure safety bill.

With outbreaks in states across the country and rumors of an epidemic blowing around, many wonder why it took so long to address pedicure safety.

If passed, it would raise the bar on safety standards and procedures for manicures and pedicures. It would also give the State Board of Barbering and Cosmetology the right to issue penalties if anyone fails to meet those standards and require establishments to conspicuously display notices warning consumers ahead of time of any violations they’d received.

“AB 1263 will significantly cut down on the number of infections, but more importantly this bill should give consumers a reasonable sense of protection,” said Speaker pro Tem, Assemblyman Leland Yee, who sponsored the bill. “It is imperative that we protect the health and safety of all consumers.”

Yee, D-San Francisco, spoke eloquently about the risk of infection from pedicures and manicures. His bill already passed the Assembly and finally the Senate, but not without some 11th-hour concessions.

There’s usually an impetus behind drafting, sponsoring, and lobbying for a bill. In this case, an outbreak that grew [much like the mycobacterial infection causing it] into a national event, a much more serious event than even we were aware of when the Almaden Times broke the story in November of last year.

“Clearly this is a public safety issue that needs to be addressed,” said Speaker pro Tem Yee. “To prevent another outbreak, I urge the State Senate and the Governor to quickly pass and sign this bill into law.”

When Mike Luong, president of Amerispa decided to sponsor AB 1263, known as the pedicure safety bill, he had no idea just how many twists and turns were ahead of him.

In fact it has passed six votes so far on its way to the Governor’s desk. The odds are just as great as the cost to get it there. And each vote is as nerve-wracking as the one before it—or more so.

“I never sponsored a bill in my life. It’s so difficult to get something like this passed.”

With outbreaks in states across the country and rumors of an epidemic blowing around, many wonder why it took so long.

Although the bill sailed through the legislature, the senate would prove much more difficult. Bringing Almaden’s Brittany Welby to Sacramento, along with Paula Abdul (and a guaranteed delegation of paparazzi) certainly got some attention, but when Brittany raised her skirt and revealed the worst part of the ordeal—the permanent part, all ears and eyes focused on them, the severity of the infections—the extreme pain and suffering, months on heavy and costly antibiotics, feelings of isolation mirroring those with leprosy in biblical times. Ironically, the two are related. And finally, the permanent cigarette-burn like purple scars.

“It took me eight months to get the courage to do this,” admitted Welby. “I never wanted to say anything or let anyone know I had this—not even my own mother. Now, I just want to make sure that this is stopped before too many other people get it.”

The vote passed and moved to the Senate floor for—finally—a full vote.

In all, there have been six votes on the bill. First it passed the Business and Professional Committee by a vote of 13-3. From there, AB 1263 sailed through the Appropriations Committee with a unanimous vote of 10-0. Then it went on to the Assembly floor. Vote: 74-3 and back to the Business and Professional Committee (4-1), the Senate Appropriations Committee (8-5) and finally the Senate floor on Sept. 7, where it passed 24 votes to 12.

According to Luong, it almost didn’t.

“I was sweating bullets,” said Luong. “It was in trouble before that. We had to change the liability issue because the finance deptartment opposed the bill. They said the lack of any liability mention would place the state in a vulnerable position. So we took all liability away from the state of California. And had it revert back to the manufacturer. It makes no difference, because it would come back to us anyway.”

Luong said that at 12 noon, the trial lawyer had opposed the bill. By 5 p.m., it was back on the favorable side of the table and he credits Sen. Yee with negotiations that turned it around.

While the wait continued, Luong pushed ahead, starting with a presentation on Aug. 27, an invitation to speak to more than 125 members of the National Interstate Council of State Boards of Cosmetology [NIC] during their 50th anniversary convention. He discussed at great length the technological strides that have been made with regard to pedicure equipment, safety, and sanitation. His knowledge on the subject follows several years of research and development.

There is growing concern in the medical community that surviving microorganisms may actually develop a resistance to the disinfectants being used, much like antibiotic resistant strains of bacteria that are developing today.

The one-hour long session included a presentation by Dr. Chris O’Brien, Pharm. D, on types of common pathogens associated with pedicure and nail care services; what kinds of precautions should be taken; and the types of disinfectants that best suited the needs of the nail and pedicure industry. He also cautioned on the dangers associated with not disinfecting surfaces completely. There is growing concern in the medical community that surviving microorganisms may actually develop a resistance to the disinfectants being used, much like antibiotic resistant strains of bacteria that are developing today.

In closing the presentation, a discussion was held on California Assembly Bill AB 1263 (Yee) and the importance to Board Administrators of the passage of this bill. All agreed that similar legislation and/or tougher rules and regulations were needed to protect the consumer.

In the cosmetology world, NIC’s warm reception, coupled with Luong's convincing presentation and yes, growing reports of outbreaks all over the country, could pave the way for regulation on a more national level.

For now, we’ll settle for a signature.

Use your head
With 83,500 licensed manicurists sprinkled throughout the state and less than two dozen inspectors assigned to keep everyone honest, even if AB 1263 becomes law, customers would still fare better by listening to that little voice inside their heads that screams “Caveat Emptor” when they find a salon offering pedicures for less than $30, as the only way someone can offer the same procedure for half the price of the salon a block away (rent aside) would be to do a little less of one thing or another—the disinfectant and sanitizer will last a little longer if you use less. Common sense. If you stretch the barbicide you soak your implements in for just one more week before you dump it out and add fresh barbicide, more money saved there too. Common sense again. Maybe you wipe down the emery boards and sloughing sponges so they look clean and stretch those out a little longer too. Pretty soon, you’ll be able to cut costs and still make a profit.

It’s that same common sense that the state Board of Barbering and Cosmetology recommends every customer use. It’s not hard to ask to see a license or to ask how clean the work areas and equipment are, or to look into the method of disinfection or inquire as to the type of disinfectant and sanitizing agents used and in what concentrations.

Assembly Bill 1263 came to rest on the Governor’s desk around 3:00 pm last Friday afternoon, where it still sits today, somewhere in the deluge of other bills that have undoubtedly taken a similar journey, yet on another road.
In this case, do you side with the safety of the consumer, or a single mom trying to save enough to send her child to college by conserving her resources?

Even with six different votes in front of various committees and full passage of the Senate and the Assembly, everything now sits in the hands of Governor Schwarzenegger, and the battle isn’t over yet.

“They can still lobby the governor,” Luong said.