Item - 2012.HL18.2

Tracking Status

  • City Council adopted this item on February 20, 2013 without amendments.
  • This item was considered by Board of Health on November 19, 2012 and was adopted with amendments. It will be considered by City Council on February 20, 2013.
  • See also LS18.2

HL18.2 - Regulation of Personal Services Settings (PSS)

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

City Council on February 20 and 21, 2013, adopted the following:

 

1.         City Council instruct the City Solicitor to introduce a bill to amend Municipal Code Chapter 545, Licensing to:

 

            a.         license businesses operating as Personal Services Settings (PSS);

            b.         reflect the by-law design features as set out in Appendix A to the report (November 5, 2012) from the Medical Officer of Health and Executive Director, Municipal Licensing and Standards; and

c.         phase implementation over a two-year period as set out in Table 1 to the report (November 5, 2012) from the Medical Officer of Health and Executive Director, Municipal Licensing and Standards.

City Council Decision Advice and Other Information

City Council considered Items HL18.2 and LS18.2 together.

Background Information (Board)

(November 5, 2012) Staff Report from the Medical Officer of Health and the Executive Director, Municipal Licensing and Standards - Regulation of Personal Services Settings and Appendix A: PSS By-law Design Features
https://www.toronto.ca/legdocs/mmis/2012/hl/bgrd/backgroundfile-51819.pdf
(November 19, 2012) Presentation from Dr. Barbara Yaffe, Director, Communicable Disease Control and Associate Medical Officer of Health - Regulation of Personal Services Settings
https://www.toronto.ca/legdocs/mmis/2012/hl/bgrd/backgroundfile-52323.pdf

Communications (Board)

(November 16, 2012) Letter from Mathew Ellis and Stuart Kay, Ontario Tattoo Association (HL.New.HL18.2.1)

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Feb-20-2013 8:00 PM

Result: Carried Majority Required - HL18.2 - Adopt the item
Total members that voted Yes: 39 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Doug Ford, Rob Ford, Mary Fragedakis, Mark Grimes, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, John Parker, James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 6 Members that were absent are Mike Del Grande, Giorgio Mammoliti, Joe Mihevc, Ron Moeser, Jaye Robinson, Kristyn Wong-Tam

HL18.2 - Regulation of Personal Services Settings (PSS)

Decision Type:
ACTION
Status:
Amended
Wards:
All

Board Recommendations

The Board of Health recommends that:

 

1.         City Council instruct the City Solicitor to introduce a bill to amend Municipal Code Chapter 545, Licensing to:

 

               a.      license businesses operating as Personal Services

Settings (PSS);

               b.      reflect the by-law design features as set out in Appendix A to the report

(November 5, 2012) from the Medical Officer of Health and Executive Director,

Municipal Licensing and Standards;

               c.      phase implementation over a two-year period as set out in Table 1 to this report.

Decision Advice and Other Information

The Board of Health:

 

1.         Forwarded the report (November 5, 2012) from the Medical Officer of Health and Executive Director, Municipal Licensing and Standards, to the Licensing and Standards Committee and requests Licensing and Standards Committee to consider the Board of Health's recommendations when it considers Personal Services Settings (PSS) licensing.

 

2.         Directed that its recommendations regarding this matter be submitted to City Council at the same meeting that City Council considers the Licensing and Standards Committee recommendations on Personal Services Settings (PSS) licensing.

 

3.         Requested Toronto Public Health to continue to work with Toronto Economic Development and Culture to ensure that newly licensed Personal Services Setting (PSS) operators are aware of City of Toronto business support services.

 

4.         Requested Toronto Public Health to post Personal Services Settings (PSS) inspection information on a public web based disclosure system.

 

5.         Re-affirmed its request to the Ministry of Health and Long-Term Care to establish infection prevention and control training requirements for Personal Services Settings (PSS) operators.

 

Dr. Barbara Yaffe, Associate Medical Officer of Health, gave a presentation.

Origin

(November 5, 2012) Report from the Medical Officer of Health and the Executive Director, Municipal Licensing and Standards

Summary

The purpose of this report is to propose amendments to Municipal Code Chapter 545, Licensing, to license Personal Services Settings (PSS) businesses, as directed by the Board of Health at its meeting on June 7, 2011.

 

The Ontario Ministry of Health and Long-Term Care's Infection Prevention and Control in Personal Services Settings Protocol (2008), applies to “any facility offering services where there is a risk of exposure to blood, such as tattooing and body piercing; electrolysis; acupuncture; hairdressing and barber shops; and various aesthetic services”.  These services have been associated with the transmission of bloodborne infections such as hepatitis B and hepatitis C, as well as other infectious disease organisms such as Mycobacterium spp and Staphylococcus aureus. Given the increasing use of PSS by the public, effective infection prevention and control (IPAC) practices are essential in PSS to prevent the spread of infectious diseases.

 

Under the Ontario Public Health Standards, local public health units are required to inspect all known PSS annually and on complaint, educate PSS operators and staff, and ensure practices are in accordance with IPAC best practice guidelines as outlined by the Provincial Infectious Diseases Advisory Committee.  Toronto Public Health (TPH) is currently aware of and inspects a total of approximately 2,950 PSS. These premises are classified as critical or semi-critical based on the invasiveness of the service provided. Critical PSS use equipment that breaks the skin i.e. tattoo, body piercing, ear piercing, micropigmentation, and electrolysis. Semi-critical PSS use equipment that comes in contact with non-intact skin or mucous membranes but ordinarily does not penetrate them i.e. hair salons, barbershops, nail salons and aesthetics.

 

Implementation of the PSS program is challenging given that only hairdressing salons and barbershops currently require a licence to operate and there are no IPAC requirements tied to licensure.

 

This report summarizes the results of a stakeholder consultation including PSS operators, relevant health organizations, community colleges and the public, and proposes changes to Municipal Code Chapter 545, Licensing to require licensing of PSS businesses, compliance with health standards for IPAC and public disclosure of inspection results, with implementation phased in over two years.

 

This report has been written in consultation with the City Solicitor.

Background Information

(November 5, 2012) Staff Report from the Medical Officer of Health and the Executive Director, Municipal Licensing and Standards - Regulation of Personal Services Settings and Appendix A: PSS By-law Design Features
https://www.toronto.ca/legdocs/mmis/2012/hl/bgrd/backgroundfile-51819.pdf
(November 19, 2012) Presentation from Dr. Barbara Yaffe, Director, Communicable Disease Control and Associate Medical Officer of Health - Regulation of Personal Services Settings
https://www.toronto.ca/legdocs/mmis/2012/hl/bgrd/backgroundfile-52323.pdf

Communications

(November 16, 2012) Letter from Mathew Ellis and Stuart Kay, Ontario Tattoo Association (HL.New.HL18.2.1)

Speakers

Cathy Crispo Mancini, President and CEO, Lux Spa
Mary Orlando, Owner/Manager, Featuring You Spa & Salon
Matthew Ellis, Officer of the Corporation, Ontario Tattoo Association (Submission Filed)
Stuart W. Kay, President, Ontario Tattoo Association
Sheila Kalinovits, Esthetician

Motions

1 - Motion to Amend Item moved by Councillor Joe Mihevc (Carried)

That the Board of Health reaffirm its request to the Ministry of Health and Long-Term Care to establish infection prevention and control training requirements for PSS operators.


2 - Motion to Adopt Item as Amended moved by Councillor Joe Mihevc (Carried)
Source: Toronto City Clerk at www.toronto.ca/council