As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 25 5
1997-1998 6
REPRESENTATIVES LUCAS-HOOD-TERWILLEGER-PRINGLE-HOUSEHOLDER- 8
MILLER-JAMES-LEWIS-GERBERRY-GARCIA-VESPER-MOTTL-SAWYER- 9
WHALEN-OGG-THOMAS-HARRIS 10
12
A B I L L
To amend sections 2151.02 and 3709.09 and to enact 13
sections 3730.01 to 3730.08, 3730.10, 3730.11, 14
and 3730.99 of the Revised Code to regulate 15
businesses that offer tattooing or body piercing 16
services. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 2151.02 and 3709.09 be amended 21
and sections 3730.01, 3730.02, 3730.03, 3730.04, 3730.05, 22
3730.06, 3730.07, 3730.08, 3730.10, 3730.11, and 3730.99 of the 23
Revised Code be enacted to read as follows:
Sec. 2151.02. As used in this chapter, "delinquent child" 32
includes any of the following: 33
(A) Any child who violates any law of this state or the 35
United States, or any ordinance or regulation of a political 36
subdivision of the state, that would be a crime if committed by 37
an adult, except as provided in section 2151.021 of the Revised 38
Code;
(B) Any child who violates any lawful order of the court 40
made under this chapter; 41
(C) Any child who violates division (A) of section 43
2923.211 of the Revised Code; 44
(D) ANY CHILD WHO VIOLATES DIVISION (A) OF SECTION 3730.07 47
OF THE REVISED CODE.
Sec. 3709.09. (A) The board of health of a city or 56
2
general health district may, by rule, establish a uniform system 57
of fees to pay the costs of any services provided by the board. 58
Fees for services provided by the board for purposes specified in 59
sections 3701.344, 3711.05, 3730.03, 3732.04, 3733.04, 3733.25, 60
and 3749.04 of the Revised Code shall be established in 61
accordance with rules adopted under division (B) of this section. 62
The district advisory council, in the case of a general health 63
district, and the legislative authority of the city, in the case 64
of a city health district, may disapprove any fee established by 65
the board of health under this division, and any such fee, as 66
disapproved, shall not be charged by the board of health. 67
(B)(1) Not later than December 31, 1990, the THE public 69
health council shall adopt rules under section 111.15 of the 70
Revised Code that establish fee categories and uniform 71
methodologies for use in calculating the costs of services 72
provided for purposes specified in sections 3701.344, 3711.05, 73
3730.03, 3732.04, 3733.04, 3733.25, and 3749.04 of the Revised 74
Code. In adopting the rules, the public health council shall 75
consider recommendations it receives from advisory boards 76
established either by statute or the director of health for 77
entities subject to the fees.
(2) As used in this division, "licensor" and "vending 79
machine location" have the same meanings as in section 3732.01 of 80
the Revised Code. 81
The public health council shall, under its rules, prohibit 83
licensors from increasing fees under section 3732.04 of the 84
Revised Code for vending machine locations by a percentage of 85
increase over the previous year's fee that exceeds the percentage 86
of increase in the consumer price index for all urban consumers 87
(United States city average, all items), prepared by the United 88
States department of labor, bureau of labor statistics, for the 89
immediately preceding calendar year. 90
(C) At least thirty days prior to establishing a fee for a 92
service provided by the board for a purpose specified in section 93
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3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the 94
Revised Code, a board of health shall notify any entity that 95
would be affected by the proposed fee of the amount of the 96
proposed fee. A board of health shall give notice in accordance 97
with section 3732.04 of the Revised Code of the hearing regarding 98
a proposed fee for a service provided for the purpose specified 99
in that section. 100
Sec. 3730.01. AS USED IN THIS CHAPTER: 102
(A) "BOARD OF HEALTH" MEANS THE BOARD OF HEALTH OF A CITY 105
OR GENERAL HEALTH DISTRICT OR THE AUTHORITY HAVING THE DUTIES OF 106
A BOARD OF HEALTH UNDER SECTION 3709.05 OF THE REVISED CODE. 108
(B) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B) OF 110
SECTION 3730.06 AND SECTION 3730.10 OF THE REVISED CODE, "BODY 111
PIERCING" DOES NOT INCLUDE EAR PIERCING. 112
(C) "BUSINESS" MEANS ANY ENTITY THAT PROVIDES SERVICES FOR 115
COMPENSATION.
(D) "CUSTODIAN" HAS THE SAME MEANING AS IN SECTION 118
2151.011 OF THE REVISED CODE. 119
(E) "EAR PIERCING GUN" MEANS A MECHANICAL DEVICE THAT 122
PIERCES THE EAR BY FORCING A DISPOSABLE SINGLE-USE STUD OR SOLID 123
NEEDLE THROUGH THE EAR.
(F) "GUARDIAN" HAS THE SAME MEANING AS IN SECTION 2111.01 126
OF THE REVISED CODE. 127
Sec. 3730.02. NO PERSON SHALL DO ANY OF THE FOLLOWING: 130
(A) OPERATE A BUSINESS THAT OFFERS TATTOOING OR BODY 133
PIERCING SERVICES UNLESS A BOARD OF HEALTH HAS APPROVED THE 134
BUSINESS UNDER SECTION 3730.03 OF THE REVISED CODE; 136
(B) PERFORM A TATTOOING OR BODY PIERCING PROCEDURE IN A 139
MANNER THAT DOES NOT MEET THE SAFETY AND SANITATION STANDARDS 140
ESTABLISHED IN RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED 142
CODE; 143
(C) PERFORM ANY TATTOOING OR BODY PIERCING PROCEDURE ON AN 146
INDIVIDUAL WHO IS UNDER AGE EIGHTEEN UNLESS THE INDIVIDUAL'S 147
PARENT, GUARDIAN, OR CUSTODIAN CONSENTS TO THE PROCEDURE IN 148
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ACCORDANCE WITH SECTION 3730.06 OF THE REVISED CODE. 150
Sec. 3730.03. A PERSON SEEKING APPROVAL TO OPERATE A 152
BUSINESS THAT OFFERS TATTOOING OR BODY PIERCING SERVICES SHALL 153
APPLY TO THE BOARD OF HEALTH OF THE CITY OR GENERAL HEALTH 154
DISTRICT IN WHICH THE BUSINESS IS LOCATED ON FORMS THE BOARD 155
SHALL PRESCRIBE AND PROVIDE. THE APPLICANT SHALL SUBMIT ALL 156
INFORMATION THE BOARD OF HEALTH DETERMINES IS NECESSARY TO 157
PROCESS THE APPLICATION. THE APPLICANT SHALL INCLUDE THE FEE 158
ESTABLISHED UNDER SECTION 3709.09 OF THE REVISED CODE WITH THE 161
APPLICATION.
BOARDS OF HEALTH SHALL DEPOSIT ALL FEES COLLECTED UNDER 164
THIS SECTION INTO THE HEALTH FUND OF THE DISTRICT THAT THE BOARD 165
SERVES. THE FEES SHALL BE USED SOLELY FOR THE PURPOSES OF 166
IMPLEMENTING AND ENFORCING THIS CHAPTER. 167
TO RECEIVE APPROVAL TO OFFER TATTOOING OR BODY PIERCING 169
SERVICES, A BUSINESS MUST DEMONSTRATE TO A BOARD OF HEALTH THE 170
ABILITY TO MEET THE SAFETY AND SANITATION STANDARDS ESTABLISHED 171
IN RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED CODE. IN 174
ADDITION, THE BUSINESS MUST AGREE TO MAINTAIN PROCEDURES FOR 175
ENSURING THAT THE INDIVIDUALS WHO PERFORM TATTOOING OR BODY 176
PIERCING PROCEDURES ARE ADEQUATELY TRAINED TO PERFORM THE 177
PROCEDURES PROPERLY.
A BOARD OF HEALTH THAT DETERMINES, FOLLOWING AN INSPECTION 180
CONDUCTED UNDER SECTION 3730.04 OF THE REVISED CODE, THAT A 183
BUSINESS MEETS THE REQUIREMENTS FOR APPROVAL SHALL APPROVE THE 184
BUSINESS. APPROVAL REMAINS VALID FOR ONE YEAR, UNLESS EARLIER 185
SUSPENDED OR REVOKED UNDER SECTION 3730.05 OF THE REVISED CODE. 188
A BUSINESS'S APPROVAL MAY BE RENEWED. APPROVAL IS NOT 189
TRANSFERABLE.
Sec. 3730.04. A BOARD OF HEALTH SHALL CONDUCT AT LEAST ONE 192
INSPECTION OF A BUSINESS PRIOR TO APPROVING THE BUSINESS UNDER 193
SECTION 3730.03 OF THE REVISED CODE AND MAY CONDUCT ADDITIONAL 195
INSPECTIONS AS NECESSARY FOR THE APPROVAL PROCESS. A BOARD OF 196
HEALTH MAY INSPECT AN APPROVED BUSINESS AT ANY TIME THE BOARD 197
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CONSIDERS NECESSARY. IN AN INSPECTION, A BOARD OF HEALTH SHALL 198
BE GIVEN ACCESS TO THE BUSINESS'S PREMISES AND TO ALL RECORDS 199
RELEVANT TO THE INSPECTION. 200
Sec. 3730.05. A BOARD OF HEALTH MAY SUSPEND OR REVOKE THE 202
APPROVAL OF A BUSINESS TO OFFER TATTOOING OR BODY PIERCING 203
SERVICES AT ANY TIME THE BOARD DETERMINES THAT THE BUSINESS IS 204
BEING OPERATED IN VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED 205
UNDER SECTION 3730.10 OF THE REVISED CODE. PROCEEDINGS FOR 208
SUSPENSIONS AND REVOCATIONS SHALL BE CONDUCTED IN ACCORDANCE WITH 210
RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED CODE. 212
Sec. 3730.06. (A) A PARENT, GUARDIAN, OR CUSTODIAN OF AN 214
INDIVIDUAL UNDER AGE EIGHTEEN WHO DESIRES TO GIVE CONSENT TO A 216
BUSINESS TO PERFORM A TATTOOING OR BODY PIERCING PROCEDURE ON THE 217
INDIVIDUAL SHALL DO BOTH OF THE FOLLOWING: 218
(1) APPEAR IN PERSON AT THE BUSINESS AT THE TIME THE 221
PROCEDURE IS PERFORMED;
(2) SIGN A DOCUMENT PROVIDED BY THE BUSINESS THAT EXPLAINS 224
THE MANNER IN WHICH THE PROCEDURE WILL BE PERFORMED AND METHODS 225
FOR PROPER CARE OF THE AFFECTED BODY AREA FOLLOWING PERFORMANCE 226
OF THE PROCEDURE.
(B) FOR PURPOSES OF THIS SECTION, "BODY PIERCING" INCLUDES 229
EAR PIERCING. 230
Sec. 3730.07. (A)(1) EXCEPT AS OTHERWISE PROVIDED IN 232
SECTION 3730.06 OF THE REVISED CODE, NO INDIVIDUAL WHO IS UNDER 234
EIGHTEEN YEARS OF AGE SHALL OBTAIN OR ATTEMPT TO OBTAIN A 235
TATTOOING OR BODY PIERCING SERVICE IN ANY BUSINESS WHERE 236
TATTOOING OR BODY PIERCING SERVICES ARE PERFORMED UNDER AN 237
APPROVAL ISSUED BY A BOARD OF HEALTH.
(2) NO INDIVIDUAL WHO IS UNDER EIGHTEEN YEARS OF AGE SHALL 239
KNOWINGLY SHOW OR GIVE FALSE INFORMATION CONCERNING THE 240
INDIVIDUAL'S NAME, AGE, OR OTHER IDENTIFICATION FOR THE PURPOSE 241
OF OBTAINING A TATTOOING OR BODY PIERCING SERVICE IN ANY BUSINESS 242
WHERE TATTOOING OR BODY PIERCING SERVICES ARE PERFORMED UNDER AN 244
APPROVAL ISSUED BY A BOARD OF HEALTH.
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(B)(1) NO INDIVIDUAL SHALL KNOWINGLY FURNISH ANY FALSE 247
INFORMATION AS TO THE NAME, AGE, OR OTHER IDENTIFICATION OF ANY 248
INDIVIDUAL WHO IS UNDER EIGHTEEN YEARS OF AGE FOR THE PURPOSE OF
OBTAINING TATTOOING OR BODY PIERCING SERVICES FOR THE INDIVIDUAL 249
WHO IS UNDER EIGHTEEN YEARS OF AGE. 250
(2) NO INDIVIDUAL SHALL IMPERSONATE THE PARENT, GUARDIAN, 252
OR CUSTODIAN OF AN INDIVIDUAL WHO IS UNDER EIGHTEEN YEARS OF AGE 253
FOR THE PURPOSE OF OBTAINING TATTOOING OR BODY PIERCING SERVICES 254
FOR THE INDIVIDUAL WHO IS UNDER EIGHTEEN YEARS OF AGE. 255
Sec. 3730.08. (A) NO OPERATOR OR EMPLOYEE OF A BUSINESS 257
THAT PERFORMS TATTOOING OR BODY PIERCING SERVICES MAY BE FOUND 258
GUILTY OF A VIOLATION OF DIVISION (C) OF SECTION 3730.02 OF THE 261
REVISED CODE OR ANY RULE ADOPTED BY THE PUBLIC HEALTH COUNCIL 262
UNDER SECTION 3730.10 OF THE REVISED CODE IN WHICH AGE IS AN 264
ELEMENT OF THE VIOLATION, IF THE BOARD OF HEALTH OR ANY COURT OF 266
RECORD FINDS ALL OF THE FOLLOWING:
(1) THAT THE INDIVIDUAL OBTAINING A TATTOOING OR BODY 268
PIERCING SERVICE, AT THE TIME OF SO DOING, EXHIBITED TO THE 269
OPERATOR OR EMPLOYEE OF THE TATTOOING OR BODY PIERCING BUSINESS A 271
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD 272
ISSUED UNDER SECTIONS 4507.50 TO 4507.52 OF THE REVISED CODE 273
SHOWING THAT THE INDIVIDUAL WAS THEN AT LEAST EIGHTEEN YEARS OF 274
AGE;
(2) THAT THE OPERATOR OR EMPLOYEE MADE A BONA FIDE EFFORT 276
TO ASCERTAIN THE TRUE AGE OF THE INDIVIDUAL OBTAINING A TATTOOING 277
OR BODY PIERCING SERVICE BY CHECKING THE IDENTIFICATION 278
PRESENTED, AT THE TIME OF THE SERVICE, TO ASCERTAIN THAT THE 279
DESCRIPTION ON THE IDENTIFICATION COMPARED WITH THE APPEARANCE OF 280
THE INDIVIDUAL AND THAT THE IDENTIFICATION HAD NOT BEEN ALTERED
IN ANY WAY; 281
(3) THAT THE OPERATOR OR EMPLOYEE HAD REASON TO BELIEVE 283
THAT THE INDIVIDUAL OBTAINING A TATTOOING OR BODY PIERCING 284
SERVICE WAS AT LEAST EIGHTEEN YEARS OF AGE. 285
(B) IN ANY HEARING BEFORE THE BOARD OF HEALTH AND IN ANY 288
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ACTION OR PROCEEDING BEFORE A COURT OF RECORD IN WHICH A DEFENSE 289
IS RAISED UNDER THIS SECTION, THE REGISTRAR OF MOTOR VEHICLES OR
THE REGISTRAR'S DEPUTY WHO ISSUED AN IDENTIFICATION CARD UNDER 290
SECTIONS 4507.50 TO 4507.52 OF THE REVISED CODE SHALL BE 292
PERMITTED TO SUBMIT CERTIFIED COPIES OF THE RECORDS, IN THE 293
REGISTRAR'S OR DEPUTY'S POSSESSION, OF SUCH ISSUANCE IN LIEU OF 294
THE TESTIMONY OF THE PERSONNEL OF THE BUREAU OF MOTOR VEHICLES AT 295
SUCH HEARING, ACTION, OR PROCEEDING.
Sec. 3730.10. NOT LATER THAN NINETY DAYS AFTER THE 297
EFFECTIVE DATE OF THIS SECTION, THE PUBLIC HEALTH COUNCIL SHALL 298
ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 302
AS NECESSARY FOR THE IMPLEMENTATION AND ENFORCEMENT OF THIS 303
CHAPTER. THE RULES SHALL INCLUDE ALL OF THE FOLLOWING: 304
(A) THE SAFETY AND SANITATION PROCEDURES TO BE FOLLOWED TO 306
PREVENT THE TRANSMISSION OF INFECTIOUS DISEASES DURING THE 307
PERFORMANCE OF TATTOOING AND BODY PIERCING PROCEDURES; 308
(B) THE METHODS TO BE FOLLOWED FOR APPROPRIATE 311
DISINFECTION AND STERILIZATION OF ALL INVASIVE EQUIPMENT OR PARTS 312
OF EQUIPMENT USED IN TATTOOING AND BODY PIERCING PROCEDURES, 313
INCLUDING EAR PIERCING PROCEDURES; 314
(C) PROCEDURES FOR SUSPENDING AND REVOKING APPROVALS UNDER 317
SECTION 3730.05 OF THE REVISED CODE;
(D) A REQUIREMENT THAT INDIVIDUALS WHO PERFORM TATTOOING 319
SERVICES MAINTAIN WRITTEN RECORDS THAT INCLUDE THE COLOR, 320
MANUFACTURER, AND LOT NUMBER OF EACH PIGMENT USED FOR EACH TATTOO 321
PERFORMED ON ALL INDIVIDUALS WHO RECEIVE A TATTOO. 322
THE RULES ADOPTED UNDER DIVISION (A) OF THIS SECTION SHALL 325
ESTABLISH UNIVERSAL BLOOD AND BODY FLUID PRECAUTIONS TO BE USED 326
BY ANY INDIVIDUAL WHO PERFORMS TATTOOING OR BODY PIERCING
PROCEDURES. THE PRECAUTIONS SHALL INCLUDE ALL OF THE FOLLOWING: 328
(1) THE APPROPRIATE USE OF HAND WASHING; 330
(2) THE HANDLING AND DISPOSAL OF ALL NEEDLES AND OTHER 332
SHARP INSTRUMENTS USED IN TATTOOING OR BODY PIERCING PROCEDURES; 333
(3) THE WEARING AND DISPOSAL OF GLOVES AND OTHER 335
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PROTECTIVE GARMENTS AND DEVICES. 336
EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, THE RULES 338
ADOPTED UNDER DIVISION (B) OF THIS SECTION SHALL REQUIRE THAT 339
HEAT STERILIZING DEVICES BE TESTED WEEKLY FOR PROPER FUNCTION, 340
USING A BIOLOGICAL MONITORING SYSTEM THAT INDICATES MICROORGANISM 341
KILL. THE OPERATOR OF A BUSINESS THAT PERFORMS TATTOOING OR BODY 342
PIERCING PROCEDURES SHALL MAINTAIN DOCUMENTATION THAT THESE TESTS 343
HAVE BEEN PERFORMED. THE DOCUMENTATION SHALL CONSIST OF A LOG 344
INDICATING THE DATE ON WHICH EACH TEST WAS PERFORMED AND THE NAME 345
OF THE PERSON PERFORMING THE TEST OR A COPY OF THE REPORT OF ANY 346
TEST CONDUCTED BY AN INDEPENDENT TESTING ENTITY. THE OPERATOR 348
SHALL MAINTAIN THE DOCUMENTATION FOR A PERIOD OF AT LEAST TWO
YEARS. IF A POSITIVE BIOLOGICAL SPORE TEST IS OBTAINED, THE 349
OPERATOR SHALL TAKE IMMEDIATE REMEDIAL ACTION TO ENSURE THAT HEAT 350
STERILIZATION IS BEING ACCOMPLISHED. THE FOREGOING PROVISIONS OF 351
THIS PARAGRAPH DO NOT APPLY TO INDIVIDUALS WHO PERFORM EAR 352
PIERCING WITH AN EAR PIERCING GUN. THE RULES ADOPTED UNDER 353
DIVISION (B) OF THIS SECTION SHALL REQUIRE ANY INDIVIDUAL WHO 355
PERFORMS EAR PIERCING WITH AN EAR PIERCING GUN TO DISINFECT AND 356
STERILIZE THE EAR PIERCING GUN USING APPROPRIATE CHEMICAL 357
SOLUTIONS THAT ENSURE THAT DISINFECTION AND STERILIZATION ARE 358
BEING ACCOMPLISHED.
THE RULES MAY INCLUDE STANDARDS TO BE FOLLOWED TO ENSURE 361
THAT INDIVIDUALS WHO PERFORM TATTOOING AND BODY PIERCING 362
PROCEDURES ARE ADEQUATELY TRAINED.
Sec. 3730.11. NOTHING IN THIS CHAPTER SHALL BE INTERPRETED 365
AS PROHIBITING MUNICIPAL CORPORATIONS, OR TOWNSHIPS THAT HAVE 366
ADOPTED THE LIMITED SELF-GOVERNMENT FORM OF TOWNSHIP GOVERNMENT 367
UNDER CHAPTER 504. OF THE REVISED CODE, FROM ADOPTING ORDINANCES 368
OR RESOLUTIONS THAT PROHIBIT THE ESTABLISHMENT OF BUSINESSES THAT 370
OFFER TATTOOING OR BODY PIERCING SERVICES.
Sec. 3730.99. (A) WHOEVER VIOLATES SECTION 3730.02 OF THE 372
REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE. 374
(B) WHOEVER VIOLATES DIVISION (B) OF SECTION 3730.07 OF 377
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THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 379
(C)(1) WHOEVER VIOLATES DIVISION (A)(1) OF SECTION 3730.07 382
OF THE REVISED CODE IS A DELINQUENT CHILD AND IS SUBJECT TO AN 384
ORDER OF DISPOSITION UNDER DIVISION (A)(8)(a) OF SECTION 2151.355 385
OF THE REVISED CODE, WHICH ORDER OF DISPOSITION SHALL REQUIRE THE 386
CHILD TO PAY A FINE AS DESCRIBED IN DIVISION (B) OF SECTION 387
2151.3512 OF THE REVISED CODE.
(2) WHOEVER VIOLATES DIVISION (A)(2) OF SECTION 3730.07 OF 389
THE REVISED CODE IS A DELINQUENT CHILD AND IS SUBJECT TO AN ORDER 390
OF DISPOSITION UNDER DIVISION (A)(8)(a) OF SECTION 2151.355 OF 391
THE REVISED CODE, WHICH ORDER OF DISPOSITION SHALL REQUIRE THE 392
CHILD TO PAY A FINE AS DESCRIBED IN DIVISION (E) OF SECTION 393
2151.3512 OF THE REVISED CODE.
Section 2. That existing sections 2151.02 and 3709.09 of 395
the Revised Code are hereby repealed. 396
Section 3. Sections 1 and 2 of this act, except for 398
section 3730.10 of the Revised Code as enacted by this act, shall 399
take effect ninety days after the effective date of this act. 401
Section 3730.10 of the Revised Code as enacted by this act shall 402
take effect at the earliest time permitted by law. 403