As Passed by the Senate                       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           

                           GARDNER-DIX                             11           


                                                                   13           

                           A   B I L L                                          

             To amend sections 2151.02 and 3709.09 and to enact    14           

                sections 3730.01 to 3730.11 and 3730.99 of the     15           

                Revised Code to regulate businesses that offer                  

                tattooing or body piercing services.               16           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That sections 2151.02 and 3709.09 be amended     20           

and sections 3730.01, 3730.02, 3730.03, 3730.04, 3730.05,          21           

3730.06, 3730.07, 3730.08, 3730.09, 3730.10, 3730.11, and 3730.99  22           

of the Revised Code be enacted to read as follows:                 23           

      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)(1) OR (2) OF        46           

SECTION 3730.07 OF THE REVISED CODE.                               47           

      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           

                                                          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)  "BODY PIERCING" INCLUDES EAR PIERCING EXCEPT WHEN THE   111          

EAR PIERCING PROCEDURE IS PERFORMED WITH AN EAR PIERCING GUN.      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 BY THIS CHAPTER AND THE RULES ADOPTED UNDER SECTION    141          

3730.10 OF THE REVISED CODE;                                                    

      (C)  PERFORM A TATTOOING PROCEDURE, BODY PIERCING            144          

PROCEDURE, OR EAR PIERCING PROCEDURE WITH AN EAR PIERCING GUN IN   145          

A MANNER THAT DOES NOT MEET THE STANDARDS FOR APPROPRIATE          146          

DISINFECTION AND STERILIZATION OF INVASIVE EQUIPMENT OR PARTS OF                

                                                          4      

                                                                 
EQUIPMENT USED IN PERFORMING THE PROCEDURES ESTABLISHED BY THIS    147          

CHAPTER AND THE RULES ADOPTED UNDER SECTION 3730.10 OF THE         148          

REVISED CODE.                                                                   

      Sec. 3730.03.  A PERSON SEEKING APPROVAL TO OPERATE A        151          

BUSINESS THAT OFFERS TATTOOING OR BODY PIERCING SERVICES SHALL     152          

APPLY TO THE BOARD OF HEALTH OF THE CITY OR GENERAL HEALTH         153          

DISTRICT IN WHICH THE BUSINESS IS LOCATED ON FORMS THE BOARD       154          

SHALL PRESCRIBE AND PROVIDE.  THE APPLICANT SHALL SUBMIT ALL       155          

INFORMATION THE BOARD OF HEALTH DETERMINES IS NECESSARY TO         156          

PROCESS THE APPLICATION.  THE APPLICANT SHALL INCLUDE THE FEE      157          

ESTABLISHED UNDER SECTION 3709.09 OF THE REVISED CODE WITH THE     160          

APPLICATION.                                                                    

      BOARDS OF HEALTH SHALL DEPOSIT ALL FEES COLLECTED UNDER      162          

THIS SECTION INTO THE HEALTH FUND OF THE DISTRICT THAT THE BOARD   163          

SERVES.  THE FEES SHALL BE USED SOLELY FOR THE PURPOSES OF         164          

IMPLEMENTING AND ENFORCING THIS CHAPTER.                           165          

      TO RECEIVE APPROVAL TO OFFER TATTOOING OR BODY PIERCING      167          

SERVICES, A BUSINESS MUST DEMONSTRATE TO A BOARD OF HEALTH THE     168          

ABILITY TO MEET THE REQUIREMENTS ESTABLISHED BY THIS CHAPTER AND   170          

THE RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED CODE FOR    171          

SAFE PERFORMANCE OF THE TATTOOING OR BODY PIERCING PROCEDURES,     172          

TRAINING OF THE INDIVIDUALS WHO PERFORM THE PROCEDURES, AND        173          

MAINTENANCE OF RECORDS.                                                         

      A BOARD OF HEALTH THAT DETERMINES, FOLLOWING AN INSPECTION   175          

CONDUCTED UNDER SECTION 3730.04 OF THE REVISED CODE, THAT A        178          

BUSINESS MEETS THE REQUIREMENTS FOR APPROVAL SHALL APPROVE THE     179          

BUSINESS.  APPROVAL REMAINS VALID FOR ONE YEAR, UNLESS EARLIER     180          

SUSPENDED OR REVOKED UNDER SECTION 3730.05 OF THE REVISED CODE.    183          

A BUSINESS'S APPROVAL MAY BE RENEWED.  APPROVAL IS NOT             184          

TRANSFERABLE.                                                                   

      Sec. 3730.04.  A BOARD OF HEALTH SHALL CONDUCT AT LEAST ONE  187          

INSPECTION OF A BUSINESS PRIOR TO APPROVING THE BUSINESS UNDER     188          

SECTION 3730.03 OF THE REVISED CODE TO OFFER TATTOOING OR BODY     190          

PIERCING SERVICES.  THE BOARD MAY CONDUCT ADDITIONAL INSPECTIONS   191          

                                                          5      

                                                                 
AS NECESSARY FOR THE APPROVAL PROCESS.  A BOARD OF HEALTH MAY      192          

INSPECT AN APPROVED BUSINESS AT ANY TIME THE BOARD CONSIDERS       193          

NECESSARY.  IN AN INSPECTION, A BOARD OF HEALTH SHALL BE GIVEN     194          

ACCESS TO THE BUSINESS'S PREMISES AND TO ALL RECORDS RELEVANT TO   195          

THE INSPECTION.                                                                 

      Sec. 3730.05.  A BOARD OF HEALTH MAY SUSPEND OR REVOKE THE   197          

APPROVAL OF A BUSINESS TO OFFER TATTOOING OR BODY PIERCING         198          

SERVICES AT ANY TIME THE BOARD DETERMINES THAT THE BUSINESS IS     199          

BEING OPERATED IN VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED   200          

UNDER SECTION 3730.10 OF THE REVISED CODE.  PROCEEDINGS FOR        203          

SUSPENSIONS AND REVOCATIONS SHALL BE CONDUCTED IN ACCORDANCE WITH  205          

RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED CODE.           207          

      Sec. 3730.06.  (A)  NO PERSON SHALL PERFORM A TATTOOING      209          

PROCEDURE, BODY PIERCING PROCEDURE, OR EAR PIERCING PROCEDURE      211          

WITH AN EAR PIERCING GUN ON AN INDIVIDUAL WHO IS UNDER EIGHTEEN    212          

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

PARENT, GUARDIAN, OR CUSTODIAN IN ACCORDANCE WITH DIVISION (B) OF  213          

THIS SECTION.                                                      214          

      (B)  A PARENT, GUARDIAN, OR CUSTODIAN OF AN INDIVIDUAL       217          

UNDER AGE EIGHTEEN WHO DESIRES TO GIVE CONSENT TO A BUSINESS TO    218          

PERFORM ON THE INDIVIDUAL UNDER AGE EIGHTEEN A TATTOOING           219          

PROCEDURE, BODY PIERCING PROCEDURE, OR EAR PIERCING PROCEDURE      220          

PERFORMED WITH AN EAR PIERCING GUN SHALL DO BOTH OF THE            221          

FOLLOWING:                                                                      

      (1)  APPEAR IN PERSON AT THE BUSINESS AT THE TIME THE        224          

PROCEDURE IS PERFORMED;                                                         

      (2)  SIGN A DOCUMENT PROVIDED BY THE BUSINESS THAT EXPLAINS  227          

THE MANNER IN WHICH THE PROCEDURE WILL BE PERFORMED AND METHODS    228          

FOR PROPER CARE OF THE AFFECTED BODY AREA FOLLOWING PERFORMANCE    229          

OF THE PROCEDURE.                                                               

      Sec. 3730.07.  (A)(1)  UNLESS CONSENT HAS BEEN GIVEN IN      231          

ACCORDANCE WITH SECTION 3730.06 OF THE REVISED CODE, NO            233          

INDIVIDUAL WHO IS UNDER AGE EIGHTEEN SHALL OBTAIN OR ATTEMPT TO    234          

OBTAIN A TATTOOING SERVICE, BODY PIERCING SERVICE, OR EAR          235          

                                                          6      

                                                                 
PIERCING SERVICE PERFORMED WITH AN EAR PIERCING GUN.                            

      (2)  NO INDIVIDUAL WHO IS UNDER AGE EIGHTEEN SHALL           237          

KNOWINGLY SHOW OR GIVE FALSE INFORMATION CONCERNING THE            238          

INDIVIDUAL'S NAME, AGE, OR OTHER IDENTIFICATION FOR THE PURPOSE    239          

OF OBTAINING A TATTOOING SERVICE, BODY PIERCING SERVICE, OR EAR    240          

PIERCING SERVICE PERFORMED WITH AN EAR PIERCING GUN.                            

      (B)(1)  NO INDIVIDUAL SHALL KNOWINGLY SHOW OR GIVE ANY       243          

FALSE INFORMATION AS TO THE NAME, AGE, OR OTHER IDENTIFICATION OF  244          

AN INDIVIDUAL WHO IS UNDER AGE EIGHTEEN FOR THE PURPOSE OF                      

OBTAINING FOR THE INDIVIDUAL UNDER AGE EIGHTEEN A TATTOOING        245          

SERVICE, BODY PIERCING SERVICE, OR EAR PIERCING SERVICE PERFORMED  246          

WITH AN EAR PIERCING GUN.                                                       

      (2)  NO INDIVIDUAL SHALL IMPERSONATE THE PARENT, GUARDIAN,   248          

OR CUSTODIAN OF AN INDIVIDUAL WHO IS UNDER AGE EIGHTEEN FOR THE    249          

PURPOSE OF OBTAINING FOR THE INDIVIDUAL UNDER AGE EIGHTEEN A       250          

TATTOOING SERVICE, BODY PIERCING SERVICE, OR EAR PIERCING SERVICE  251          

PERFORMED WITH AN EAR PIERCING GUN.                                252          

      Sec. 3730.08.  (A)  AN OPERATOR OR EMPLOYEE OF A BUSINESS    254          

THAT PERFORMS TATTOOING SERVICES, BODY PIERCING SERVICES, OR EAR   255          

PIERCING SERVICES PERFORMED WITH AN EAR PIERCING GUN MAY NOT BE    256          

FOUND GUILTY OF A VIOLATION OF DIVISION (A) OF SECTION 3730.06 OF  257          

THE REVISED CODE OR ANY RULE ADOPTED UNDER SECTION 3730.10 OF THE  259          

REVISED CODE IN WHICH AGE IS AN ELEMENT OF THE PROVISIONS OF THE   260          

RULE, IF THE BOARD OF HEALTH OR ANY COURT OF RECORD FINDS ALL OF   261          

THE FOLLOWING:                                                                  

      (1)  THAT THE INDIVIDUAL OBTAINING A TATTOOING SERVICE,      263          

BODY PIERCING SERVICE, OR EAR PIERCING SERVICE PERFORMED WITH AN   264          

EAR PIERCING GUN, AT THE TIME OF SO DOING, EXHIBITED TO THE        265          

OPERATOR OR EMPLOYEE OF THE TATTOOING, BODY PIERCING, OR EAR       267          

PIERCING BUSINESS A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN  268          

IDENTIFICATION CARD ISSUED UNDER SECTIONS 4507.50 TO 4507.52 OF    269          

THE REVISED CODE SHOWING THAT THE INDIVIDUAL WAS THEN AT LEAST     271          

AGE EIGHTEEN;                                                                   

      (2)  THAT THE OPERATOR OR EMPLOYEE MADE A BONA FIDE EFFORT   273          

                                                          7      

                                                                 
TO ASCERTAIN THE TRUE AGE OF THE INDIVIDUAL OBTAINING A            274          

TATTOOING, BODY PIERCING, OR EAR PIERCING SERVICE BY CHECKING THE  276          

IDENTIFICATION PRESENTED, AT THE TIME OF THE SERVICE, TO                        

ASCERTAIN THAT THE DESCRIPTION ON THE IDENTIFICATION COMPARED      277          

WITH THE APPEARANCE OF THE INDIVIDUAL AND THAT THE IDENTIFICATION  278          

HAD NOT BEEN ALTERED IN ANY WAY;                                   279          

      (3)  THAT THE OPERATOR OR EMPLOYEE HAD REASON TO BELIEVE     281          

THAT THE INDIVIDUAL OBTAINING A TATTOOING, BODY PIERCING, OR EAR   282          

PIERCING SERVICE WAS AT LEAST AGE EIGHTEEN.                        283          

      (B)  IN ANY HEARING BEFORE A BOARD OF HEALTH AND IN ANY      286          

ACTION OR PROCEEDING BEFORE A COURT OF RECORD IN WHICH A DEFENSE   287          

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

THE REGISTRAR'S DEPUTY WHO ISSUED A DRIVER'S OR COMMERCIAL         288          

DRIVER'S LICENSE OR AN IDENTIFICATION CARD UNDER SECTIONS 4507.50  289          

TO 4507.52 OF THE REVISED CODE SHALL BE PERMITTED TO SUBMIT        291          

CERTIFIED COPIES OF THE RECORDS, IN THE REGISTRAR'S OR DEPUTY'S    292          

POSSESSION, OF SUCH ISSUANCE IN LIEU OF THE TESTIMONY OF THE       293          

PERSONNEL OF THE BUREAU OF MOTOR VEHICLES AT SUCH HEARING,         294          

ACTION, OR PROCEEDING.                                                          

      Sec. 3730.09.  (A)  EACH OPERATOR OF A BUSINESS THAT OFFERS  297          

TATTOOING OR BODY PIERCING SERVICES SHALL DO ALL OF THE                         

FOLLOWING:                                                         298          

      (1)  MAINTAIN PROCEDURES FOR ENSURING THAT THE INDIVIDUALS   300          

WHO PERFORM TATTOOING OR BODY PIERCING PROCEDURES ARE ADEQUATELY   301          

TRAINED TO PERFORM THE PROCEDURES PROPERLY;                        302          

      (2)  WITH RESPECT TO TATTOOING SERVICES, MAINTAIN WRITTEN    304          

RECORDS THAT INCLUDE THE COLOR, MANUFACTURER, AND LOT NUMBER OF    305          

EACH PIGMENT USED FOR EACH TATTOO PERFORMED;                       306          

      (3)  COMPLY WITH THE SAFETY AND SANITATION REQUIREMENTS FOR  308          

PREVENTING TRANSMISSION OF INFECTIOUS DISEASES, AS ESTABLISHED IN  309          

RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED CODE;           310          

      (4)  REQUIRE THE INDIVIDUALS WHO PERFORM TATTOOING AND BODY  312          

PIERCING PROCEDURES TO DISINFECT AND STERILIZE ALL INVASIVE        313          

EQUIPMENT OR PARTS OF EQUIPMENT USED IN PERFORMING THE PROCEDURES  314          

                                                          8      

                                                                 
BY USING METHODS THAT MEET THE DISINFECTION AND STERILIZATION      315          

REQUIREMENTS ESTABLISHED IN RULES ADOPTED UNDER SECTION 3730.10    316          

OF THE REVISED CODE;                                                            

      (5)  ENSURE THAT WEEKLY TESTS OF THE BUSINESS'S  HEAT        318          

STERILIZATION DEVICES ARE PERFORMED TO DETERMINE WHETHER THE       320          

DEVICES ARE FUNCTIONING PROPERLY.  IN HAVING THE DEVICES TESTED,                

THE OPERATOR OF THE BUSINESS SHALL USE A BIOLOGICAL MONITORING     321          

SYSTEM THAT INDICATES WHETHER THE DEVICES ARE KILLING              322          

MICROORGANISMS.  IF A TEST INDICATES THAT A DEVICE IS NOT          323          

FUNCTIONING PROPERLY, THE OPERATOR SHALL TAKE IMMEDIATE REMEDIAL   324          

ACTION TO ENSURE THAT HEAT STERILIZATION IS BEING ACCOMPLISHED.    325          

THE OPERATOR SHALL MAINTAIN DOCUMENTATION THAT THE WEEKLY TESTS    326          

ARE BEING PERFORMED.  TO COMPLY WITH THE DOCUMENTATION             327          

REQUIREMENT, THE  DOCUMENTS MUST CONSIST OF A LOG THAT INDICATES   328          

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    329          

INDEPENDENT TESTING ENTITY, A COPY OF THE ENTITY'S TESTING         330          

REPORT.  THE OPERATOR SHALL MAINTAIN RECORDS OF EACH TEST          331          

PERFORMED FOR AT LEAST TWO YEARS.                                               

      (B)  EACH OPERATOR OF A BUSINESS THAT OFFERS EAR PIERCING    334          

SERVICES PERFORMED WITH AN EAR PIERCING GUN SHALL REQUIRE THE      335          

INDIVIDUALS WHO PERFORM THE EAR PIERCING SERVICES TO DISINFECT                  

AND STERILIZE THE EAR PIERCING GUN BY USING CHEMICAL SOLUTIONS     336          

THAT MEET THE DISINFECTION AND STERILIZATION REQUIREMENTS          337          

ESTABLISHED IN RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED  338          

CODE.                                                              339          

      Sec. 3730.10.  (A)  NOT LATER THAN NINETY DAYS AFTER THE     341          

EFFECTIVE DATE OF THIS SECTION, THE PUBLIC HEALTH COUNCIL SHALL    342          

ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE    346          

AS NECESSARY FOR THE IMPLEMENTATION AND ENFORCEMENT OF THIS        347          

CHAPTER.  THE RULES SHALL INCLUDE ALL OF THE FOLLOWING:            348          

      (1)  SAFETY AND SANITATION STANDARDS AND PROCEDURES TO BE    350          

FOLLOWED TO PREVENT THE TRANSMISSION OF INFECTIOUS DISEASES        351          

DURING THE PERFORMANCE OF TATTOOING AND BODY PIERCING PROCEDURES;  352          

                                                          9      

                                                                 
      (2)  STANDARDS AND PROCEDURES TO BE FOLLOWED FOR             355          

APPROPRIATE DISINFECTION AND STERILIZATION OF ALL INVASIVE         356          

EQUIPMENT OR PARTS OF EQUIPMENT USED IN TATTOOING PROCEDURES,      357          

BODY PIERCING PROCEDURES, AND EAR PIERCING PROCEDURES PERFORMED    358          

WITH AN EAR PIERCING GUN;                                                       

      (3)  PROCEDURES FOR SUSPENDING AND REVOKING APPROVALS UNDER  361          

SECTION 3730.05 OF THE REVISED CODE.                                            

      (B)  THE RULES ADOPTED UNDER DIVISION (A)(1) OF THIS         364          

SECTION SHALL ESTABLISH UNIVERSAL BLOOD AND BODY FLUID                          

PRECAUTIONS TO BE USED BY ANY INDIVIDUAL WHO PERFORMS TATTOOING    365          

OR BODY PIERCING PROCEDURES.  THE PRECAUTIONS SHALL INCLUDE ALL    366          

OF THE FOLLOWING:                                                               

      (1)  THE APPROPRIATE USE OF HAND WASHING;                    368          

      (2)  THE HANDLING AND DISPOSAL OF ALL NEEDLES AND OTHER      370          

SHARP INSTRUMENTS USED IN TATTOOING OR BODY PIERCING PROCEDURES;   371          

      (3)  THE WEARING AND DISPOSAL OF GLOVES AND OTHER            373          

PROTECTIVE GARMENTS AND DEVICES.                                   374          

      (C)  THE RULES ADOPTED UNDER DIVISION (A) OF THIS SECTION    377          

MAY INCLUDE STANDARDS AND PROCEDURES TO BE FOLLOWED BY A BUSINESS               

THAT OFFERS TATTOOING OR BODY PIERCING SERVICES TO ENSURE THAT     378          

THE INDIVIDUALS WHO PERFORM TATTOOING OR BODY PIERCING PROCEDURES  379          

FOR THE BUSINESS ARE ADEQUATELY TRAINED TO PERFORM THE PROCEDURES  380          

PROPERLY.                                                                       

      Sec. 3730.11.  NOTHING IN THIS CHAPTER SHALL BE INTERPRETED  383          

AS PROHIBITING MUNICIPAL CORPORATIONS, OR TOWNSHIPS THAT HAVE      384          

ADOPTED THE LIMITED SELF-GOVERNMENT FORM OF TOWNSHIP GOVERNMENT    385          

UNDER CHAPTER 504. OF THE REVISED CODE, FROM ADOPTING ORDINANCES   386          

OR RESOLUTIONS THAT PROHIBIT THE ESTABLISHMENT OF BUSINESSES THAT  388          

OFFER TATTOOING OR BODY PIERCING SERVICES.                                      

      Sec. 3730.99.  (A)  WHOEVER VIOLATES DIVISION (A), (B), OR   391          

(C) OF SECTION 3730.02 OR DIVISION (A) OF SECTION 3730.06 OF THE   392          

REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE.      393          

      (B)  WHOEVER VIOLATES DIVISION (B)(1) OR (2) OF SECTION      396          

3730.07 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE      397          

                                                          10     

                                                                 
FIRST DEGREE.                                                      398          

      (C)(1)  WHOEVER VIOLATES DIVISION (A)(1) OF SECTION 3730.07  401          

OF THE REVISED CODE IS A DELINQUENT CHILD AND IS SUBJECT TO AN     403          

ORDER OF DISPOSITION UNDER DIVISION (A)(8)(a) OF SECTION 2151.355  404          

OF THE REVISED CODE, WHICH ORDER OF DISPOSITION SHALL REQUIRE THE  405          

CHILD TO PAY A FINE AS DESCRIBED IN DIVISION (B) OF SECTION        406          

2151.3512 OF THE REVISED CODE.                                                  

      (2)  WHOEVER VIOLATES DIVISION (A)(2) OF SECTION 3730.07 OF  408          

THE REVISED CODE IS A DELINQUENT CHILD AND IS SUBJECT TO AN ORDER  409          

OF DISPOSITION UNDER DIVISION (A)(8)(a) OF SECTION 2151.355 OF     410          

THE REVISED CODE, WHICH ORDER OF DISPOSITION SHALL REQUIRE THE     411          

CHILD TO PAY A FINE AS DESCRIBED IN DIVISION (E) OF SECTION        412          

2151.3512 OF THE REVISED CODE.                                                  

      Section 2.  That existing sections 2151.02 and 3709.09 of    414          

the Revised Code are hereby repealed.                              415          

      Section 3.  Sections 1 and 2 of this act, except for         417          

section 3730.10 of the Revised Code as enacted by this act, shall  418          

take effect ninety days after the effective date of this act.      420          

Section 3730.10 of the Revised Code as enacted by this act shall   421          

take effect at the earliest time permitted by law.                 422