As Introduced 1 122nd General Assembly 4 Regular Session H. B. No. 25 5 1997-1998 6 REPRESENTATIVES LUCAS-HOOD-TERWILLEGER 8 10 A B I L L To enact sections 3730.01 to 3730.06, 3730.10, and 11 3730.99 of the Revised Code to regulate 12 businesses that offer tattooing or body piercing services. 13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 15 Section 1. That sections 3730.01, 3730.02, 3730.03, 17 3730.04, 3730.05, 3730.06, 3730.10, and 3730.99 of the Revised 18 Code be enacted to read as follows: Sec. 3730.01. AS USED IN THIS CHAPTER: 20 (A) "BOARD OF HEALTH" MEANS THE BOARD OF HEALTH OF A CITY 23 OR GENERAL HEALTH DISTRICT OR THE AUTHORITY HAVING THE DUTIES OF 24 A BOARD OF HEALTH UNDER SECTION 3709.05 OF THE REVISED CODE. 26 (B) "BODY PIERCING" DOES NOT INCLUDE EAR PIERCING. 29 (C) "BUSINESS" MEANS ANY ENTITY THAT PROVIDES SERVICES FOR 32 COMPENSATION. (D) "GUARDIAN" HAS THE SAME MEANING AS IN SECTION 2111.01 35 OF THE REVISED CODE. 37 Sec. 3730.02. NO PERSON SHALL DO ANY OF THE FOLLOWING: 40 (A) OPERATE A BUSINESS THAT OFFERS TATTOOING OR BODY 43 PIERCING SERVICES UNLESS A BOARD OF HEALTH HAS APPROVED THE 44 BUSINESS UNDER SECTION 3730.03 OF THE REVISED CODE; 46 (B) PERFORM A TATTOOING OR BODY PIERCING PROCEDURE IN A 49 MANNER THAT DOES NOT MEET THE SAFETY AND SANITATION STANDARDS 50 ESTABLISHED IN RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED 52 CODE; 53 (C) PERFORM ANY TATTOOING OR BODY PIERCING PROCEDURE ON AN 56 2 INDIVIDUAL WHO IS UNDER AGE EIGHTEEN UNLESS THE INDIVIDUAL'S 57 PARENT OR GUARDIAN CONSENTS TO THE PROCEDURE IN ACCORDANCE WITH 58 SECTION 3730.06 OF THE REVISED CODE. 60 Sec. 3730.03. A PERSON SEEKING APPROVAL TO OPERATE A 62 BUSINESS THAT OFFERS TATTOOING OR BODY PIERCING SERVICES SHALL 63 APPLY TO THE BOARD OF HEALTH OF THE CITY OR GENERAL HEALTH 64 DISTRICT IN WHICH THE BUSINESS IS LOCATED ON FORMS THE BOARD 65 SHALL PRESCRIBE AND PROVIDE. THE APPLICANT SHALL SUBMIT ALL 66 INFORMATION THE BOARD OF HEALTH DETERMINES IS NECESSARY TO 67 PROCESS THE APPLICATION. THE APPLICANT SHALL INCLUDE THE FEE 68 ESTABLISHED UNDER SECTION 3709.09 OF THE REVISED CODE WITH THE 71 APPLICATION. BOARDS OF HEALTH SHALL DEPOSIT ALL FEES COLLECTED UNDER 74 THIS SECTION INTO THE HEALTH FUND OF THE DISTRICT THAT THE BOARD 75 SERVES. THE FEES SHALL BE USED SOLELY FOR THE PURPOSES OF 76 IMPLEMENTING AND ENFORCING THIS CHAPTER. 77 TO RECEIVE APPROVAL TO OFFER TATTOOING OR BODY PIERCING 79 SERVICES, A BUSINESS MUST DEMONSTRATE TO A BOARD OF HEALTH THE 80 ABILITY TO MEET THE SAFETY AND SANITATION STANDARDS ESTABLISHED 81 IN RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED CODE. IN 84 ADDITION, THE BUSINESS MUST AGREE TO MAINTAIN PROCEDURES FOR 85 ENSURING THAT THE INDIVIDUALS WHO PERFORM TATTOOING OR BODY 86 PIERCING PROCEDURES ARE ADEQUATELY TRAINED TO PERFORM THE 87 PROCEDURES PROPERLY. A BOARD OF HEALTH THAT DETERMINES, FOLLOWING AN INSPECTION 90 CONDUCTED UNDER SECTION 3730.04 OF THE REVISED CODE, THAT A 93 BUSINESS MEETS THE REQUIREMENTS FOR APPROVAL SHALL APPROVE THE 94 BUSINESS. APPROVAL REMAINS VALID FOR TWO YEARS, UNLESS EARLIER 95 SUSPENDED OR REVOKED UNDER SECTION 3730.05 OF THE REVISED CODE. 98 A BUSINESS'S APPROVAL MAY BE RENEWED. APPROVAL IS NOT 99 TRANSFERABLE. Sec. 3730.04. A BOARD OF HEALTH SHALL CONDUCT AT LEAST ONE 102 INSPECTION OF A BUSINESS PRIOR TO APPROVING THE BUSINESS UNDER 103 SECTION 3730.03 OF THE REVISED CODE AND MAY CONDUCT ADDITIONAL 105 3 INSPECTIONS AS NECESSARY FOR THE APPROVAL PROCESS. A BOARD OF 106 HEALTH MAY INSPECT AN APPROVED BUSINESS AT ANY TIME THE BOARD 107 CONSIDERS NECESSARY. IN AN INSPECTION, A BOARD OF HEALTH SHALL 108 BE GIVEN ACCESS TO THE BUSINESS'S PREMISES AND TO ALL RECORDS 109 RELEVANT TO THE INSPECTION. 110 Sec. 3730.05. A BOARD OF HEALTH MAY SUSPEND OR REVOKE THE 112 APPROVAL OF A BUSINESS TO OFFER TATTOOING OR BODY PIERCING 113 SERVICES AT ANY TIME THE BOARD DETERMINES THAT THE BUSINESS IS 114 BEING OPERATED IN VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED 115 UNDER SECTION 3730.10 OF THE REVISED CODE. PROCEEDINGS FOR 118 SUSPENSIONS AND REVOCATIONS SHALL BE CONDUCTED IN ACCORDANCE WITH 120 RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED CODE. 122 Sec. 3730.06. A PARENT OR CUSTODIAN OF AN INDIVIDUAL UNDER 125 AGE EIGHTEEN WHO DESIRES TO GIVE CONSENT TO A BUSINESS TO PERFORM 126 A TATTOOING OR BODY PIERCING PROCEDURE ON THE INDIVIDUAL SHALL DO 127 BOTH OF THE FOLLOWING: (A) APPEAR IN PERSON AT THE BUSINESS AT THE TIME THE 130 PROCEDURE IS PERFORMED; (B) SIGN A DOCUMENT PROVIDED BY THE BUSINESS THAT EXPLAINS 133 THE MANNER IN WHICH THE PROCEDURE WILL BE PERFORMED AND METHODS 134 FOR PROPER CARE OF THE AFFECTED BODY AREA FOLLOWING PERFORMANCE 135 OF THE PROCEDURE. Sec. 3730.10. NOT LATER THAN NINETY DAYS AFTER THE 138 EFFECTIVE DATE OF THIS SECTION, THE PUBLIC HEALTH COUNCIL SHALL 139 ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 143 AS NECESSARY FOR THE IMPLEMENTATION AND ENFORCEMENT OF THIS 144 CHAPTER. THE RULES SHALL SPECIFY THE SAFETY AND SANITATION 145 PROCEDURES TO BE FOLLOWED TO PREVENT THE TRANSMISSION OF 146 INFECTIOUS DISEASES DURING THE PERFORMANCE OF TATTOOING AND BODY 147 PIERCING PROCEDURES. THE RULES SHALL INCLUDE THE METHODS TO BE 148 FOLLOWED FOR APPROPRIATE STERILIZATION OF ALL INVASIVE EQUIPMENT 149 OR PARTS OF EQUIPMENT USED IN TATTOOING AND BODY PIERCING 150 PROCEDURES. THE RULES ALSO SHALL INCLUDE PROCEDURES FOR 151 SUSPENDING AND REVOKING APPROVALS UNDER SECTION 3730.05 OF THE 153 4 REVISED CODE. THE RULES MAY INCLUDE STANDARDS TO BE FOLLOWED TO 155 ENSURE THAT INDIVIDUALS WHO PERFORM TATTOOING AND BODY PIERCING 156 PROCEDURES ARE ADEQUATELY TRAINED. Sec. 3730.99. WHOEVER VIOLATES SECTION 3730.02 OF THE 160 REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE. 162 Section 2. Section 1 of this act, except for section 164 3730.10 of the Revised Code, shall take effect ninety days after 165 the effective date of this act. Section 3730.10 of the Revised 166 Code shall take effect at the earliest time permitted by law. 168