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, theTHE 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