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, theTHE 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 3 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 4 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 5 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. 6 (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 7 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 8 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 9 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