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