As Reported by the Senate Health Committee              1            

122nd General Assembly                                             4            

   Regular Session                              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-SENATORS DRAKE-HAGAN            10           


                                                                   12           

                           A   B I L L                                          

             To amend sections 2151.02 and 3709.09 and to enact    13           

                sections 3730.01 to 3730.11 and 3730.99 of the     14           

                Revised Code to regulate businesses that offer                  

                tattooing or body piercing services.               15           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        17           

      Section 1.  That sections 2151.02 and 3709.09 be amended     19           

and sections 3730.01, 3730.02, 3730.03, 3730.04, 3730.05,          20           

3730.06, 3730.07, 3730.08, 3730.09, 3730.10, 3730.11, and 3730.99  21           

of the Revised Code be enacted to read as follows:                 22           

      Sec. 2151.02.  As used in this chapter, "delinquent child"   31           

includes any of the following:                                     32           

      (A)  Any child who violates any law of this state or the     34           

United States, or any ordinance or regulation of a political       35           

subdivision of the state, that would be a crime if committed by    36           

an adult, except as provided in section 2151.021 of the Revised    37           

Code;                                                                           

      (B)  Any child who violates any lawful order of the court    39           

made under this chapter;                                           40           

      (C)  Any child who violates division (A) of section          42           

2923.211 of the Revised Code;                                      43           

      (D)  ANY CHILD WHO VIOLATES DIVISION (A)(1) OR (2) OF        45           

SECTION 3730.07 OF THE REVISED CODE.                               46           

      Sec. 3709.09.  (A)  The board of health of a city or         55           

general health district may, by rule, establish a uniform system   56           

                                                          2      

                                                                 
of fees to pay the costs of any services provided by the board.    57           

Fees for services provided by the board for purposes specified in  58           

sections 3701.344, 3711.05, 3730.03, 3732.04, 3733.04, 3733.25,    59           

and 3749.04 of the Revised Code shall be established in            60           

accordance with rules adopted under division (B) of this section.  61           

The district advisory council, in the case of a general health     62           

district, and the legislative authority of the city, in the case   63           

of a city health district, may disapprove any fee established by   64           

the board of health under this division, and any such fee, as      65           

disapproved, shall not be charged by the board of health.          66           

      (B)(1)  Not later than December 31, 1990, the THE public     68           

health council shall adopt rules under section 111.15 of the       69           

Revised Code that establish fee categories and uniform             70           

methodologies for use in calculating the costs of services         71           

provided for purposes specified in sections 3701.344, 3711.05,     72           

3730.03, 3732.04, 3733.04, 3733.25, and 3749.04 of the Revised     73           

Code.  In adopting the rules, the public health council shall      74           

consider recommendations it receives from advisory boards          75           

established either by statute or the director of health for        76           

entities subject to the fees.                                                   

      (2)  As used in this division, "licensor" and "vending       78           

machine location" have the same meanings as in section 3732.01 of  79           

the Revised Code.                                                  80           

      The public health council shall, under its rules, prohibit   82           

licensors from increasing fees under section 3732.04 of the        83           

Revised Code for vending machine locations by a percentage of      84           

increase over the previous year's fee that exceeds the percentage  85           

of increase in the consumer price index for all urban consumers    86           

(United States city average, all items), prepared by the United    87           

States department of labor, bureau of labor statistics, for the    88           

immediately preceding calendar year.                               89           

      (C)  At least thirty days prior to establishing a fee for a  91           

service provided by the board for a purpose specified in section   92           

3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the    93           

                                                          3      

                                                                 
Revised Code, a board of health shall notify any entity that       94           

would be affected by the proposed fee of the amount of the         95           

proposed fee. A board of health shall give notice in accordance    96           

with section 3732.04 of the Revised Code of the hearing regarding  97           

a proposed fee for a service provided for the purpose specified    98           

in that section.                                                   99           

      Sec. 3730.01.  AS USED IN THIS CHAPTER:                      101          

      (A)  "BOARD OF HEALTH" MEANS THE BOARD OF HEALTH OF A CITY   104          

OR GENERAL HEALTH DISTRICT OR THE AUTHORITY HAVING THE DUTIES OF   105          

A BOARD OF HEALTH UNDER SECTION 3709.05 OF THE REVISED CODE.       107          

      (B)  "BODY PIERCING" INCLUDES EAR PIERCING EXCEPT WHEN THE   110          

EAR PIERCING PROCEDURE IS PERFORMED WITH AN EAR PIERCING GUN.      111          

      (C)  "BUSINESS" MEANS ANY ENTITY THAT PROVIDES SERVICES FOR  114          

COMPENSATION.                                                                   

      (D)  "CUSTODIAN" HAS THE SAME MEANING AS IN SECTION          117          

2151.011 OF THE REVISED CODE.                                      118          

      (E)  "EAR PIERCING GUN" MEANS A MECHANICAL DEVICE THAT       121          

PIERCES THE EAR BY FORCING A DISPOSABLE SINGLE-USE STUD OR SOLID   122          

NEEDLE THROUGH THE EAR.                                                         

      (F)  "GUARDIAN" HAS THE SAME MEANING AS IN SECTION 2111.01   125          

OF THE REVISED CODE.                                               126          

      Sec. 3730.02.  NO PERSON SHALL DO ANY OF THE FOLLOWING:      129          

      (A)  OPERATE A BUSINESS THAT OFFERS TATTOOING OR BODY        132          

PIERCING SERVICES UNLESS A BOARD OF HEALTH HAS APPROVED THE        133          

BUSINESS UNDER SECTION 3730.03 OF THE REVISED CODE;                135          

      (B)  PERFORM A TATTOOING OR BODY PIERCING PROCEDURE IN A     138          

MANNER THAT DOES NOT MEET THE SAFETY AND SANITATION STANDARDS      139          

ESTABLISHED BY THIS CHAPTER AND THE RULES ADOPTED UNDER SECTION    140          

3730.10 OF THE REVISED CODE;                                                    

      (C)  PERFORM A TATTOOING PROCEDURE, BODY PIERCING            143          

PROCEDURE, OR EAR PIERCING PROCEDURE WITH AN EAR PIERCING GUN IN   144          

A MANNER THAT DOES NOT MEET THE STANDARDS FOR APPROPRIATE          145          

DISINFECTION AND STERILIZATION OF INVASIVE EQUIPMENT OR PARTS OF                

EQUIPMENT USED IN PERFORMING THE PROCEDURES ESTABLISHED BY THIS    146          

                                                          4      

                                                                 
CHAPTER AND THE RULES ADOPTED UNDER SECTION 3730.10 OF THE         147          

REVISED CODE.                                                                   

      Sec. 3730.03.  A PERSON SEEKING APPROVAL TO OPERATE A        150          

BUSINESS THAT OFFERS TATTOOING OR BODY PIERCING SERVICES SHALL     151          

APPLY TO THE BOARD OF HEALTH OF THE CITY OR GENERAL HEALTH         152          

DISTRICT IN WHICH THE BUSINESS IS LOCATED ON FORMS THE BOARD       153          

SHALL PRESCRIBE AND PROVIDE.  THE APPLICANT SHALL SUBMIT ALL       154          

INFORMATION THE BOARD OF HEALTH DETERMINES IS NECESSARY TO         155          

PROCESS THE APPLICATION.  THE APPLICANT SHALL INCLUDE THE FEE      156          

ESTABLISHED UNDER SECTION 3709.09 OF THE REVISED CODE WITH THE     159          

APPLICATION.                                                                    

      BOARDS OF HEALTH SHALL DEPOSIT ALL FEES COLLECTED UNDER      161          

THIS SECTION INTO THE HEALTH FUND OF THE DISTRICT THAT THE BOARD   162          

SERVES.  THE FEES SHALL BE USED SOLELY FOR THE PURPOSES OF         163          

IMPLEMENTING AND ENFORCING THIS CHAPTER.                           164          

      TO RECEIVE APPROVAL TO OFFER TATTOOING OR BODY PIERCING      166          

SERVICES, A BUSINESS MUST DEMONSTRATE TO A BOARD OF HEALTH THE     167          

ABILITY TO MEET THE REQUIREMENTS ESTABLISHED BY THIS CHAPTER AND   169          

THE RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED CODE FOR    170          

SAFE PERFORMANCE OF THE TATTOOING OR BODY PIERCING PROCEDURES,     171          

TRAINING OF THE INDIVIDUALS WHO PERFORM THE PROCEDURES, AND        172          

MAINTENANCE OF RECORDS.                                                         

      A BOARD OF HEALTH THAT DETERMINES, FOLLOWING AN INSPECTION   174          

CONDUCTED UNDER SECTION 3730.04 OF THE REVISED CODE, THAT A        177          

BUSINESS MEETS THE REQUIREMENTS FOR APPROVAL SHALL APPROVE THE     178          

BUSINESS.  APPROVAL REMAINS VALID FOR ONE YEAR, UNLESS EARLIER     179          

SUSPENDED OR REVOKED UNDER SECTION 3730.05 OF THE REVISED CODE.    182          

A BUSINESS'S APPROVAL MAY BE RENEWED.  APPROVAL IS NOT             183          

TRANSFERABLE.                                                                   

      Sec. 3730.04.  A BOARD OF HEALTH SHALL CONDUCT AT LEAST ONE  186          

INSPECTION OF A BUSINESS PRIOR TO APPROVING THE BUSINESS UNDER     187          

SECTION 3730.03 OF THE REVISED CODE TO OFFER TATTOOING OR BODY     189          

PIERCING SERVICES.  THE BOARD MAY CONDUCT ADDITIONAL INSPECTIONS   190          

AS NECESSARY FOR THE APPROVAL PROCESS.  A BOARD OF HEALTH MAY      191          

                                                          5      

                                                                 
INSPECT AN APPROVED BUSINESS AT ANY TIME THE BOARD CONSIDERS       192          

NECESSARY.  IN AN INSPECTION, A BOARD OF HEALTH SHALL BE GIVEN     193          

ACCESS TO THE BUSINESS'S PREMISES AND TO ALL RECORDS RELEVANT TO   194          

THE INSPECTION.                                                                 

      Sec. 3730.05.  A BOARD OF HEALTH MAY SUSPEND OR REVOKE THE   196          

APPROVAL OF A BUSINESS TO OFFER TATTOOING OR BODY PIERCING         197          

SERVICES AT ANY TIME THE BOARD DETERMINES THAT THE BUSINESS IS     198          

BEING OPERATED IN VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED   199          

UNDER SECTION 3730.10 OF THE REVISED CODE.  PROCEEDINGS FOR        202          

SUSPENSIONS AND REVOCATIONS SHALL BE CONDUCTED IN ACCORDANCE WITH  204          

RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED CODE.           206          

      Sec. 3730.06.  (A)  NO PERSON SHALL PERFORM A TATTOOING      208          

PROCEDURE, BODY PIERCING PROCEDURE, OR EAR PIERCING PROCEDURE      210          

WITH AN EAR PIERCING GUN ON AN INDIVIDUAL WHO IS UNDER EIGHTEEN    211          

YEARS OF AGE UNLESS CONSENT HAS BEEN GIVEN BY THE INDIVIDUAL'S                  

PARENT, GUARDIAN, OR CUSTODIAN IN ACCORDANCE WITH DIVISION (B) OF  212          

THIS SECTION.                                                      213          

      (B)  A PARENT, GUARDIAN, OR CUSTODIAN OF AN INDIVIDUAL       216          

UNDER AGE EIGHTEEN WHO DESIRES TO GIVE CONSENT TO A BUSINESS TO    217          

PERFORM ON THE INDIVIDUAL UNDER AGE EIGHTEEN A TATTOOING           218          

PROCEDURE, BODY PIERCING PROCEDURE, OR EAR PIERCING PROCEDURE      219          

PERFORMED WITH AN EAR PIERCING GUN SHALL DO BOTH OF THE            220          

FOLLOWING:                                                                      

      (1)  APPEAR IN PERSON AT THE BUSINESS AT THE TIME THE        223          

PROCEDURE IS PERFORMED;                                                         

      (2)  SIGN A DOCUMENT PROVIDED BY THE BUSINESS THAT EXPLAINS  226          

THE MANNER IN WHICH THE PROCEDURE WILL BE PERFORMED AND METHODS    227          

FOR PROPER CARE OF THE AFFECTED BODY AREA FOLLOWING PERFORMANCE    228          

OF THE PROCEDURE.                                                               

      Sec. 3730.07.  (A)(1)  UNLESS CONSENT HAS BEEN GIVEN IN      230          

ACCORDANCE WITH SECTION 3730.06 OF THE REVISED CODE, NO            232          

INDIVIDUAL WHO IS UNDER AGE EIGHTEEN SHALL OBTAIN OR ATTEMPT TO    233          

OBTAIN A TATTOOING SERVICE, BODY PIERCING SERVICE, OR EAR          234          

PIERCING SERVICE PERFORMED WITH AN EAR PIERCING GUN.                            

                                                          6      

                                                                 
      (2)  NO INDIVIDUAL WHO IS UNDER AGE EIGHTEEN SHALL           236          

KNOWINGLY SHOW OR GIVE FALSE INFORMATION CONCERNING THE            237          

INDIVIDUAL'S NAME, AGE, OR OTHER IDENTIFICATION FOR THE PURPOSE    238          

OF OBTAINING A TATTOOING SERVICE, BODY PIERCING SERVICE, OR EAR    239          

PIERCING SERVICE PERFORMED WITH AN EAR PIERCING GUN.                            

      (B)(1)  NO INDIVIDUAL SHALL KNOWINGLY SHOW OR GIVE ANY       242          

FALSE INFORMATION AS TO THE NAME, AGE, OR OTHER IDENTIFICATION OF  243          

AN INDIVIDUAL WHO IS UNDER AGE EIGHTEEN FOR THE PURPOSE OF                      

OBTAINING FOR THE INDIVIDUAL UNDER AGE EIGHTEEN A TATTOOING        244          

SERVICE, BODY PIERCING SERVICE, OR EAR PIERCING SERVICE PERFORMED  245          

WITH AN EAR PIERCING GUN.                                                       

      (2)  NO INDIVIDUAL SHALL IMPERSONATE THE PARENT, GUARDIAN,   247          

OR CUSTODIAN OF AN INDIVIDUAL WHO IS UNDER AGE EIGHTEEN FOR THE    248          

PURPOSE OF OBTAINING FOR THE INDIVIDUAL UNDER AGE EIGHTEEN A       249          

TATTOOING SERVICE, BODY PIERCING SERVICE, OR EAR PIERCING SERVICE  250          

PERFORMED WITH AN EAR PIERCING GUN.                                251          

      Sec. 3730.08.  (A)  AN OPERATOR OR EMPLOYEE OF A BUSINESS    253          

THAT PERFORMS TATTOOING SERVICES, BODY PIERCING SERVICES, OR EAR   254          

PIERCING SERVICES PERFORMED WITH AN EAR PIERCING GUN MAY NOT BE    255          

FOUND GUILTY OF A VIOLATION OF DIVISION (A) OF SECTION 3730.06 OF  256          

THE REVISED CODE OR ANY RULE ADOPTED UNDER SECTION 3730.10 OF THE  258          

REVISED CODE IN WHICH AGE IS AN ELEMENT OF THE PROVISIONS OF THE   259          

RULE, IF THE BOARD OF HEALTH OR ANY COURT OF RECORD FINDS ALL OF   260          

THE FOLLOWING:                                                                  

      (1)  THAT THE INDIVIDUAL OBTAINING A TATTOOING SERVICE,      262          

BODY PIERCING SERVICE, OR EAR PIERCING SERVICE PERFORMED WITH AN   263          

EAR PIERCING GUN, AT THE TIME OF SO DOING, EXHIBITED TO THE        264          

OPERATOR OR EMPLOYEE OF THE TATTOOING, BODY PIERCING, OR EAR       266          

PIERCING BUSINESS A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN  267          

IDENTIFICATION CARD ISSUED UNDER SECTIONS 4507.50 TO 4507.52 OF    268          

THE REVISED CODE SHOWING THAT THE INDIVIDUAL WAS THEN AT LEAST     270          

AGE EIGHTEEN;                                                                   

      (2)  THAT THE OPERATOR OR EMPLOYEE MADE A BONA FIDE EFFORT   272          

TO ASCERTAIN THE TRUE AGE OF THE INDIVIDUAL OBTAINING A            273          

                                                          7      

                                                                 
TATTOOING, BODY PIERCING, OR EAR PIERCING SERVICE BY CHECKING THE  275          

IDENTIFICATION PRESENTED, AT THE TIME OF THE SERVICE, TO                        

ASCERTAIN THAT THE DESCRIPTION ON THE IDENTIFICATION COMPARED      276          

WITH THE APPEARANCE OF THE INDIVIDUAL AND THAT THE IDENTIFICATION  277          

HAD NOT BEEN ALTERED IN ANY WAY;                                   278          

      (3)  THAT THE OPERATOR OR EMPLOYEE HAD REASON TO BELIEVE     280          

THAT THE INDIVIDUAL OBTAINING A TATTOOING, BODY PIERCING, OR EAR   281          

PIERCING SERVICE WAS AT LEAST AGE EIGHTEEN.                        282          

      (B)  IN ANY HEARING BEFORE A BOARD OF HEALTH AND IN ANY      285          

ACTION OR PROCEEDING BEFORE A COURT OF RECORD IN WHICH A DEFENSE   286          

IS RAISED UNDER THIS SECTION, THE REGISTRAR OF MOTOR VEHICLES OR                

THE REGISTRAR'S DEPUTY WHO ISSUED A DRIVER'S OR COMMERCIAL         287          

DRIVER'S LICENSE OR AN IDENTIFICATION CARD UNDER SECTIONS 4507.50  288          

TO 4507.52 OF THE REVISED CODE SHALL BE PERMITTED TO SUBMIT        290          

CERTIFIED COPIES OF THE RECORDS, IN THE REGISTRAR'S OR DEPUTY'S    291          

POSSESSION, OF SUCH ISSUANCE IN LIEU OF THE TESTIMONY OF THE       292          

PERSONNEL OF THE BUREAU OF MOTOR VEHICLES AT SUCH HEARING,         293          

ACTION, OR PROCEEDING.                                                          

      Sec. 3730.09.  (A)  EACH OPERATOR OF A BUSINESS THAT OFFERS  296          

TATTOOING OR BODY PIERCING SERVICES SHALL DO ALL OF THE                         

FOLLOWING:                                                         297          

      (1)  MAINTAIN PROCEDURES FOR ENSURING THAT THE INDIVIDUALS   299          

WHO PERFORM TATTOOING OR BODY PIERCING PROCEDURES ARE ADEQUATELY   300          

TRAINED TO PERFORM THE PROCEDURES PROPERLY;                        301          

      (2)  WITH RESPECT TO TATTOOING SERVICES, MAINTAIN WRITTEN    303          

RECORDS THAT INCLUDE THE COLOR, MANUFACTURER, AND LOT NUMBER OF    304          

EACH PIGMENT USED FOR EACH TATTOO PERFORMED;                       305          

      (3)  COMPLY WITH THE SAFETY AND SANITATION REQUIREMENTS FOR  307          

PREVENTING TRANSMISSION OF INFECTIOUS DISEASES, AS ESTABLISHED IN  308          

RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED CODE;           309          

      (4)  REQUIRE THE INDIVIDUALS WHO PERFORM TATTOOING AND BODY  311          

PIERCING PROCEDURES TO DISINFECT AND STERILIZE ALL INVASIVE        312          

EQUIPMENT OR PARTS OF EQUIPMENT USED IN PERFORMING THE PROCEDURES  313          

BY USING METHODS THAT MEET THE DISINFECTION AND STERILIZATION      314          

                                                          8      

                                                                 
REQUIREMENTS ESTABLISHED IN RULES ADOPTED UNDER SECTION 3730.10    315          

OF THE REVISED CODE;                                                            

      (5)  ENSURE THAT WEEKLY TESTS OF THE BUSINESS'S  HEAT        317          

STERILIZATION DEVICES ARE PERFORMED TO DETERMINE WHETHER THE       319          

DEVICES ARE FUNCTIONING PROPERLY.  IN HAVING THE DEVICES TESTED,                

THE OPERATOR OF THE BUSINESS SHALL USE A BIOLOGICAL MONITORING     320          

SYSTEM THAT INDICATES WHETHER THE DEVICES ARE KILLING              321          

MICROORGANISMS.  IF A TEST INDICATES THAT A DEVICE IS NOT          322          

FUNCTIONING PROPERLY, THE OPERATOR SHALL TAKE IMMEDIATE REMEDIAL   323          

ACTION TO ENSURE THAT HEAT STERILIZATION IS BEING ACCOMPLISHED.    324          

THE OPERATOR SHALL MAINTAIN DOCUMENTATION THAT THE WEEKLY TESTS    325          

ARE BEING PERFORMED.  TO COMPLY WITH THE DOCUMENTATION             326          

REQUIREMENT, THE  DOCUMENTS MUST CONSIST OF A LOG THAT INDICATES   327          

THE DATE ON WHICH EACH TEST IS PERFORMED AND THE NAME OF THE                    

PERSON WHO PERFORMED THE TEST OR, IF A TEST WAS CONDUCTED BY AN    328          

INDEPENDENT TESTING ENTITY, A COPY OF THE ENTITY'S TESTING         329          

REPORT.  THE OPERATOR SHALL MAINTAIN RECORDS OF EACH TEST          330          

PERFORMED FOR AT LEAST TWO YEARS.                                               

      (B)  EACH OPERATOR OF A BUSINESS THAT OFFERS EAR PIERCING    333          

SERVICES PERFORMED WITH AN EAR PIERCING GUN SHALL REQUIRE THE      334          

INDIVIDUALS WHO PERFORM THE EAR PIERCING SERVICES TO DISINFECT                  

AND STERILIZE THE EAR PIERCING GUN BY USING CHEMICAL SOLUTIONS     335          

THAT MEET THE DISINFECTION AND STERILIZATION REQUIREMENTS          336          

ESTABLISHED IN RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED  337          

CODE.                                                              338          

      Sec. 3730.10.  (A)  NOT LATER THAN NINETY DAYS AFTER THE     340          

EFFECTIVE DATE OF THIS SECTION, THE PUBLIC HEALTH COUNCIL SHALL    341          

ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE    345          

AS NECESSARY FOR THE IMPLEMENTATION AND ENFORCEMENT OF THIS        346          

CHAPTER.  THE RULES SHALL INCLUDE ALL OF THE FOLLOWING:            347          

      (1)  SAFETY AND SANITATION STANDARDS AND PROCEDURES TO BE    349          

FOLLOWED TO PREVENT THE TRANSMISSION OF INFECTIOUS DISEASES        350          

DURING THE PERFORMANCE OF TATTOOING AND BODY PIERCING PROCEDURES;  351          

      (2)  STANDARDS AND PROCEDURES TO BE FOLLOWED FOR             354          

                                                          9      

                                                                 
APPROPRIATE DISINFECTION AND STERILIZATION OF ALL INVASIVE         355          

EQUIPMENT OR PARTS OF EQUIPMENT USED IN TATTOOING PROCEDURES,      356          

BODY PIERCING PROCEDURES, AND EAR PIERCING PROCEDURES PERFORMED    357          

WITH AN EAR PIERCING GUN;                                                       

      (3)  PROCEDURES FOR SUSPENDING AND REVOKING APPROVALS UNDER  360          

SECTION 3730.05 OF THE REVISED CODE.                                            

      (B)  THE RULES ADOPTED UNDER DIVISION (A)(1) OF THIS         363          

SECTION SHALL ESTABLISH UNIVERSAL BLOOD AND BODY FLUID                          

PRECAUTIONS TO BE USED BY ANY INDIVIDUAL WHO PERFORMS TATTOOING    364          

OR BODY PIERCING PROCEDURES.  THE PRECAUTIONS SHALL INCLUDE ALL    365          

OF THE FOLLOWING:                                                               

      (1)  THE APPROPRIATE USE OF HAND WASHING;                    367          

      (2)  THE HANDLING AND DISPOSAL OF ALL NEEDLES AND OTHER      369          

SHARP INSTRUMENTS USED IN TATTOOING OR BODY PIERCING PROCEDURES;   370          

      (3)  THE WEARING AND DISPOSAL OF GLOVES AND OTHER            372          

PROTECTIVE GARMENTS AND DEVICES.                                   373          

      (C)  THE RULES ADOPTED UNDER DIVISION (A) OF THIS SECTION    376          

MAY INCLUDE STANDARDS AND PROCEDURES TO BE FOLLOWED BY A BUSINESS               

THAT OFFERS TATTOOING OR BODY PIERCING SERVICES TO ENSURE THAT     377          

THE INDIVIDUALS WHO PERFORM TATTOOING OR BODY PIERCING PROCEDURES  378          

FOR THE BUSINESS ARE ADEQUATELY TRAINED TO PERFORM THE PROCEDURES  379          

PROPERLY.                                                                       

      Sec. 3730.11.  NOTHING IN THIS CHAPTER SHALL BE INTERPRETED  382          

AS PROHIBITING MUNICIPAL CORPORATIONS, OR TOWNSHIPS THAT HAVE      383          

ADOPTED THE LIMITED SELF-GOVERNMENT FORM OF TOWNSHIP GOVERNMENT    384          

UNDER CHAPTER 504. OF THE REVISED CODE, FROM ADOPTING ORDINANCES   385          

OR RESOLUTIONS THAT PROHIBIT THE ESTABLISHMENT OF BUSINESSES THAT  387          

OFFER TATTOOING OR BODY PIERCING SERVICES.                                      

      Sec. 3730.99.  (A)  WHOEVER VIOLATES DIVISION (A), (B), OR   390          

(C) OF SECTION 3730.02 OR DIVISION (A) OF SECTION 3730.06 OF THE   391          

REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE.      392          

      (B)  WHOEVER VIOLATES DIVISION (B)(1) OR (2) OF SECTION      395          

3730.07 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE      396          

FIRST DEGREE.                                                      397          

                                                          10     

                                                                 
      (C)(1)  WHOEVER VIOLATES DIVISION (A)(1) OF SECTION 3730.07  400          

OF THE REVISED CODE IS A DELINQUENT CHILD AND IS SUBJECT TO AN     402          

ORDER OF DISPOSITION UNDER DIVISION (A)(8)(a) OF SECTION 2151.355  403          

OF THE REVISED CODE, WHICH ORDER OF DISPOSITION SHALL REQUIRE THE  404          

CHILD TO PAY A FINE AS DESCRIBED IN DIVISION (B) OF SECTION        405          

2151.3512 OF THE REVISED CODE.                                                  

      (2)  WHOEVER VIOLATES DIVISION (A)(2) OF SECTION 3730.07 OF  407          

THE REVISED CODE IS A DELINQUENT CHILD AND IS SUBJECT TO AN ORDER  408          

OF DISPOSITION UNDER DIVISION (A)(8)(a) OF SECTION 2151.355 OF     409          

THE REVISED CODE, WHICH ORDER OF DISPOSITION SHALL REQUIRE THE     410          

CHILD TO PAY A FINE AS DESCRIBED IN DIVISION (E) OF SECTION        411          

2151.3512 OF THE REVISED CODE.                                                  

      Section 2.  That existing sections 2151.02 and 3709.09 of    413          

the Revised Code are hereby repealed.                              414          

      Section 3.  Sections 1 and 2 of this act, except for         416          

section 3730.10 of the Revised Code as enacted by this act, shall  417          

take effect ninety days after the effective date of this act.      419          

Section 3730.10 of the Revised Code as enacted by this act shall   420          

take effect at the earliest time permitted by law.                 421