As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 656

Representatives Beck, Milkovich 

Cosponsor: Representative Stebelton 

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A BILL

To amend sections 3709.09, 3730.01 to 3730.09,

1

3730.11, and 3730.99; to amend, for the purpose of

2

adopting new section numbers as indicated in

3

parentheses, sections 3730.01 (4785.01), 3730.02

4

(4785.02), 3730.03 (4785.05), 3730.04 (4785.06),

5

3730.05 (4785.07), 3730.06 (4785.08), 3730.07

6

(4785.09), 3730.08 (4785.10), 3730.09 (4785.11),

7

3730.11 (4785.18), and 3730.99 (4785.99); to enact

8

sections 4785.03, 4785.04, 4785.051, 4785.12, and

9

4785.14 to 4785.17; and to repeal section 3730.10

10

of the Revised Code to create the State Board of

11

Body Modification, to require licensure of tattoo

12

and body piercing artists, and to make other

13

changes to the tattooing and piercing laws.

14

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

Section 1. That sections 3709.09, 3730.01, 3730.02, 3730.03,	15
3730.04, 3730.05, 3730.06, 3730.07, 3730.08, 3730.09, 3730.11, and	16
3730.99 be amended; sections 3730.01 (4785.01), 3730.02 (4785.02),	17
3730.03 (4785.05), 3730.04 (4785.06), 3730.05 (4785.07), 3730.06	18
(4785.08), 3730.07 (4785.09), 3730.08 (4785.10), 3730.09	19
(4785.11), 3730.11 (4785.18), and 3730.99 (4785.99) be amended for	20
the purpose of adopting new section numbers as indicated in	21
parentheses; and sections 4785.03, 4785.04, 4785.051, 4785.12,	22
4785.14, 4785.15, 4785.16, and 4785.17 of the Revised Code be	23
enacted to read as follows:	24

Sec. 3709.09.  (A) The board of health of a city or general	25
health district may, by rule, establish a uniform system of fees	26
to pay the costs of any services provided by the board.	27

The fee for issuance of a certified copy of a vital record or	28
a certification of birth shall not be less than the fee prescribed	29
for the same service under division (A)(1) of section 3705.24 of	30
the Revised Code and shall include the fees required by division	31
(B) of section 3705.24 and section 3109.14 of the Revised Code.	32

Fees for services provided by the board for purposes	33
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,	34
3730.03, and 3749.04 of the Revised Code shall be established in	35
accordance with rules adopted under division (B) of this section.	36
The district advisory council, in the case of a general health	37
district, and the legislative authority of the city, in the case	38
of a city health district, may disapprove any fee established by	39
the board of health under this division, and any such fee, as	40
disapproved, shall not be charged by the board of health.	41

(B) The director of health shall adopt rules under section	42
111.15 of the Revised Code that establish fee categories and a	43
uniform methodology for use in calculating the costs of services	44
provided for purposes specified in sections 3701.344, 3711.10,	45
3718.06, 3729.07, 3730.03, and 3749.04 of the Revised Code. In	46
adopting the rules, the director shall consider recommendations it	47
receives from advisory boards established either by statute or the	48
director for entities subject to the fees.	49

(C) Except when a board of health establishes a fee by	50
adopting a rule as an emergency measure, the board of health shall	51
hold a public hearing regarding each proposed fee for a service	52
provided by the board for a purpose specified in section 3701.344,	53
3711.10, 3718.06, 3729.07, 3730.03, or 3749.04 of the Revised	54
Code. If a public hearing is held, at least twenty days prior to	55
the public hearing the board shall give written notice of the	56
hearing to each entity affected by the proposed fee. The notice	57
shall be mailed to the last known address of each entity and shall	58
specify the date, time, and place of the hearing and the amount of	59
the proposed fee.	60

(D) If payment of a fee established under this section is not	61
received by the day on which payment is due, the board of health	62
shall assess a penalty. The amount of the penalty shall be equal	63
to twenty-five per cent of the applicable fee.	64

(E) All rules adopted by a board of health under this section	65
shall be adopted, recorded, and certified as are ordinances of	66
municipal corporations and the record thereof shall be given in	67
all courts the same effect as is given such ordinances, but the	68
advertisements of such rules shall be by publication in one	69
newspaper of general circulation within the health district.	70
Publication shall be made once a week for two consecutive weeks or	71
as provided in section 7.16 of the Revised Code, and such rules	72
shall take effect and be in force ten days from the date of the	73
first publication.	74

Sec. 3730.01.        Sec. 4785.01.  As used in this chapter:

75

(A)"Aftercare" means verbal and written guidelines, specific	76
to a body modification procedure performed, about caring for the	77
body modification and the surrounding area, including information	78
about physical restrictions, wound care, signs and symptoms of	79
infection, and when to seek medical treatment, if necessary.	80

"Antiseptic solution" means an agent that arrests or prevents	81
the growth of microorganisms.	82

"Approval" means written approval from the local board of	83
health pursuant to section 4785.05 of the Revised Code indicating	84
that the body modification establishment has been inspected and	85
meets all requirements established by this chapter, the rules	86
adopted under it, and the local board of health.	87

"Aseptic technique" means a set of specific practices and	88
procedures performed under controlled conditions with the goal of	89
minimizing contamination by pathogens.	90

"Board of health" means the board of health of a city or	91
general health district or the authority having the duties of a	92
board of health under section 3709.05 of the Revised Code.	93

(B)"Body modification" means an aesthetic, nonmedical body	94
alteration, including tattooing, permanent cosmetics, or body	95
piercing. "Body modification" does not include any practice that	96
would require a license under Chapter 4709., 4713., 4715., 4717.,	97
4723., 4730., or 4731. of the Revised Code.	98

"Body modification practitioner" means an individual,	99
including an operator, who performs one or more of the following	100
procedures:	101

Tattooing;

102

Permanent cosmetics;

103

Body piercing;

104

Scarification;

105

Branding.

106

"Body modification establishment" means any place, whether	107
temporary or permanent, stationary or mobile, where body	108
modification is performed.	109

"Body piercing" means the puncturing of any part of the body	110
by a person who utilizes a needle or other industry specific	111
instrument for the purpose of inserting an object into the body	112
for nonmedical purposes.	113

"Body piercing" includes ear piercing, except when the ear	114
piercing procedure is performed with an ear piercing gun, and	115
includes surface anchors and surface piercing. "Body piercing"	116
does not include any practice that would require a license under	117
Chapter 4715., 4717., 4723., 4730., or 4731. of the Revised Code.	118

(C) "Business" means any entity that provides body	119
modification services for compensation.	120

(D)"CPR" has the same meaning as in section 2133.21 of the	121
Revised Code.	122

"Custodian" has the same meaning as in section 2151.011 of	123
the Revised Code.	124

(E)"Disinfectant" means a product, registered by the United	125
States environmental protection agency, that kills or destroys	126
nearly all disease-producing microorganisms, with the exception of	127
bacterial spores.	128

"Ear piercing gun" means a mechanical device that pierces the	129
ear by forcing a disposable single-use stud or solid needle	130
through the ear.	131

(F)"Glove" mean a medical-grade, disposable, single-use	132
covering for a hand worn for protection against disease	133
transmission.	134

"Guardian" has the same meaning as in section 2111.01 of the	135
Revised Code.	136

"Hand washing" means the process of physically removing or	137
reducing most microorganisms from the hands by thoroughly washing	138
all surfaces of the hands and under fingernails with soap and warm	139
running water for twenty seconds, rinsing hands well under running	140
water, and drying hands thoroughly with a clean single-use towel	141
or mechanical hand dryer.	142

"Infectious waste" means waste as defined in section 3734.01	143
of the Revised Code.	144

"Local board of health" means the board of health in which	145
the business is located.	146

"Operator" means any person, firm, company, corporation, or	147
association that owns, controls, operates, conducts, or manages a	148
body modification establishment. The operator may or may not be a	149
body modification practitioner.	150

"Patron" means a person requesting and receiving body	151
modification services or ear piercing services performed with an	152
ear piercing gun.	153

"Permanent cosmetics" means a tattoo, performed by someone	154
other than a physician licensed under Chapter 4731. of the Revised	155
Code, placed on the eyebrows, eyelids, lips, and other parts of	156
the body for beauty marks, hair imitation, lash enhancement, or	157
areola repigmentation. This term includes any procedure referred	158
to as "permanent makeup," "microdermapigmentation," "micropigment	159
implantation," or "dermagraphics." For the purposes of this	160
chapter, "permanent cosmetics" has the same meaning as "tattoo."	161
"Permanent cosmetics" does not include any practice that is	162
considered a medical procedure by the state medical board.	163

"Premises" means the physical location of a body modification	164
establishment.	165

"Single use" means products or items that are intended for	166
one-time, one-person use and are disposed of after use on any	167
patron.	168

"Sterilization" means a process by which all forms of	169
microbial life, including bacteria, viruses, spores, and fungi,	170
are destroyed.	171

"Standard precautions" means a set of minimum infection	172
prevention guidelines and controls, published by the United States	173
centers for disease control and prevention that include the	174
following:	175

Hand hygiene;

176

Use of protective equipment;

177

Safe needle practices;

178

Safe handling of potentially contaminated equipment or	179
surfaces;	180

Respiratory hygiene and cough etiquette.

181

"Surface anchor" means jewelry that is placed into the upper	182
portion of the dermis that has one point of entry, which also	183
serves as the exit that exposes the jewelry stem to air.	184

"Surface piercing" means any piercing on the surface of the	185
body, under the epidermis but not to subcutaneous tissue, for	186
which the piercing canal is under the surface of the skin with	187
exit and entry points perpendicular to the tissue.	188

"Tattoo" means any method utilizing needles or other industry	189
specific instruments by someone other than a physician licensed	190
under Chapter 4731. of the Revised Code to permanently place	191
designs, letters, scrolls, figures, symbols, or any other marks	192
upon or under the skin of a person with ink, dye, pigment, or any	193
other substance resulting in an alteration of the appearance of	194
the skin. "Tattoo" does not include any practice that would	195
require a license under Chapter 4715., 4717., 4723., 4730., or	196
4731. of the Revised Code.	197

Sec. 3730.02.        Sec. 4785.02.  No person shall do any of the	198
following:	199

(A) Perform or engage in a body modification procedure unless	200
the person holds a current, valid license issued by the state	201
board of body modification under this chapter to engage in that	202
activity;	203

(B) Perform or engage in a body modification procedure unless	204
the person engages in that procedure in a place of business	205
approved by a local board of health pursuant to this chapter;	206

(C) Operate a business that offers tattooing or body piercing	207
modification services unless a local board of health has approved	208
the business under section 3730.034785.05 of the Revised Code;	209

(B)(D) Perform a tattooing or body piercingmodification	210
procedure in a manner that does not meet the safety and sanitation	211
standards established by this chapter and the rules adopted under	212
section 3730.10 of the Revised Codepursuant to it;	213

(C)(E) Perform a tattooing procedure, body piercing	214
modification procedure, or ear piercing procedure with an ear	215
piercing gun in a manner that does not meet the standards for	216
appropriate disinfection and sterilization of invasive equipment	217
or parts of equipment used in performing the procedures	218
established by this chapter and the rules adopted under section	219
3730.10 of the Revised Codepursuant to it;	220

(F) Perform an ear piercing with an ear piercing gun in a	221
manner that does not meet the requirements prescribed in section	222
4785.17 of the Revised Code;	223

(G) Construct, install, provide, equip, or extensively alter	224
a body modification establishment until all plans and	225
specifications, as described in accordance with section 4785.05 of	226
the Revised Code, for the facility layout, equipment, and	227
operation have been submitted to and accepted, in writing, by the	228
local board of health;	229

(H) While acting as an operator of an approved business	230
performing body modification services, permit services to be	231
performed by an employee of the business outside the business	232
premises, unless those services are performed for an approved	233
time-limited operation, as described in section 4785.051 of the	234
Revised Code.	235

Sec. 4785.03. (A) There is hereby created the state board of	236
body modification, consisting of nine members. The director of	237
health shall appoint six members of the board. The governor shall	238
appoint three members of the board. Requirements for membership	239
and terms of office shall be determined by the director, except	240
that three members of the board shall be body modification	241
practitioners, licensed under this chapter. Initial terms of the	242
board members shall be staggered as determined by the director of	243
health. Members shall not receive compensation. Three-fifths of	244
the board shall constitute a quorum for the transaction of	245
business.	246

(B) The board shall hold a meeting to transact its business	247
at least twice a year. The board may hold additional meetings at	248
the discretion of the director of health. The board shall meet at	249
times and places determined by the director of health.	250

(C) The board shall issue licenses to individuals who wish to	251
engage in body modification procedures who satisfy the licensing	252
requirements adopted pursuant to section 4785.04 of the Revised	253
Code.	254

(D) The board shall regulate and inspect operators providing	255
ear piercing services with an ear piercing gun.	256

Sec. 4785.04.  The state board of body modification shall	257
adopt rules in accordance with Chapter 119. of the Revised Code to	258
do all of the following:	259

(A)(1) Establish licensing and renewal standards and	260
requirements;	261

(2) These rules shall address, at minimum, all of the	262
following:	263

(a) Appropriate training in body modification services in all	264
of the following:	265

(i) Sterilization;

266

(ii) Aftercare;

267

(iii) Prevention of transmission of blood-borne and other	268
infectious diseases;	269

(iv) CPR;

270

(v) First aid.

271

(b) Entities that are recognized to provide such training and	272
instruction;	273

(c) Experience in addition to or in lieu of training;

274

(d) Providing evidence of training and experience.

275

(B) Establish any safety, sanitation, disinfection, and	276
sterilization standards and procedures that, in addition to other	277
requirements of this chapter, are necessary for the safe	278
performance of body modification procedures;	279

(C) Establish any other procedures necessary for the	280
implementation and enforcement of this chapter;	281

(D) Collect safety, sanitation, disinfection, and	282
sterilization information about body modification establishments	283
from local boards of health;	284

(E) Create a report based on the information collected	285
pursuant to division (D) of this section regarding compliance with	286
standards and procedures required by this chapter or any rules	287
adopted pursuant to it. The report shall be submitted annually to	288
the majority and minority leaders of the senate and the house of	289
representatives by the thirtieth of November each year;	290

(F) Adopt rules requiring body modification inspectors to	291
undergo continuing education. The requirements shall include, at	292
minimum, continuing education related to blood-borne pathogens;	293

(G) Any other rules necessary for the implementation of this	294
chapter.	295

Sec. 3730.03.        Sec. 4785.05. (A) To receive approval to operate a	296
business offering body modification services or acceptance of	297
plans to construct, install, provide, equip, or extensively alter	298
a body modification establishment, a business must demonstrate to	299
the local board of health the ability to meet the requirements	300
established by this chapter, the rules adopted under this chapter,	301
and the local board of health for all of the following:	302

(1) The safe performance of body modification procedures;

303

(2) Training of individuals who perform the procedures;

304

(3) Maintenance of records;

305

(4) Compliance with body modification establishment	306
standards.	307

(B) A person seeking approval to operate a business that	308
offers tattooing or body piercingmodification services shall	309
apply at the time the person submits the plans and specifications	310
pursuant to division (C) of this section, to the local board of	311
health of the city or general health district in which the	312
business is located on forms the board shall prescribe and	313
provide. The applicant shall submit all applicable fees and	314
information the board of health determines is necessary to process	315
the application. The applicant shall include the fee established	316
under section 3709.09 of the Revised Code with the application.	317
The application form shall require all of the following:	318

(1) The name, address, telephone number, business address,	319
business telephone number, and occupation of the operator. If the	320
operator is an association, corporation, or partnership, the	321
address and telephone number of the entity and the name of every	322
person who has an ownership interest of five per cent or more in	323
the association, corporation, or partnership.	324

(2) The name of each person or entity that has an ownership	325
interest of five per cent or more in the business;	326

(3) A statement of attestation that the operator intends to	327
comply with all requirements of this chapter and the rules of the	328
board of health and the state board of body modification, if	329
applicable;	330

(4) A list of each body modification practitioner who has	331
received adequate training, as specified by the board of body	332
modification in rule, and will be performing body modification	333
services in the body modification establishment.	334

(C) A person seeking acceptance of plans to construct,	335
install, provide, equip, or extensively alter a body modification	336
establishment shall submit plans and specifications for approval	337
to the local board of health. The plans and specifications shall	338
include all of the following:	339

(1) The total area to be used for the business;

340

(2) Entrances and exits;

341

(3) The number, location, and types of plumbing fixtures,	342
including all water supply facilities;	343

(4) A lighting plan;

344

(5) A floor plan, showing the general layout of the fixtures	345
and equipment;	346

(6) A list of all sterilization or other equipment to be	347
used, including the manufacturer and model numbers, as specified	348
by the board in rules;	349

(7) Written verification from the zoning authority and	350
building department with jurisdiction that the building has been	351
zoned and approved for the business use;	352

(8) A written infection prevention and control plan that	353
includes the following:	354

(a) The process for decontaminating and disinfecting	355
environmental surfaces;	356

(b) The process for decontaminating, packaging, sterilizing,	357
and storing reusable equipment and instruments;	358

(c) The process for protecting clean instruments and sterile	359
instruments from contamination during storage;	360

(d) The process for ensuring that standard precautions and	361
aseptic techniques are utilized during all body modification	362
procedures;	363

(e) Guidelines for the safe handling and disposal of needles;

364

(f) Guidelines for aftercare guidelines;

365

(g) Guidelines for obtaining the consent of the guardian of a	366
minor to perform a body modification procedure on that minor.	367

(D)(1) The approval and annual renewal fees for tattoo and	368
body piercing businesses shall be one hundred fifty dollars for a	369
permanent body modification business or the amount established in	370
section 4785.051 of the Revised Code for a body modification	371
business established on a time-limited basis.	372

(2) Boards of health shall deposit all fees collected under	373
this section into the health fund of the district that the board	374
serves. The fees shall be used solely for the purposes of	375
implementing and enforcing this chapter.	376

To receive approval to offer tattooing or body piercing	377
services, a business must demonstrate to a board of health the	378
ability to meet the requirements established by this chapter and	379
the rules adopted under section 3730.10 of the Revised Code for	380
safe performance of the tattooing or body piercing procedures,	381
training of the individuals who perform the procedures, and	382
maintenance of records(3) Each fee shall be specified in	383
accordance with the following categories:	384

(a) Tattooing services;

385

(b) Body piercing services;

386

(c) Combined body modification services;

387

(d) Time-limited approval for a specific event.

388

(4) No approval and inspection fees in addition to those fees	389
described in division (D)(1) of this section shall be charged on,	390
or with respect to, the operation and ownership of a body	391
modification establishment within this state, except that the	392
local board of health may charge additional reasonable fees for	393
the collection and bacteriological examination of any necessary	394
water samples taken from an establishment.	395

(E) A local board of health that determines, following an	396
inspection conducted under section 3730.044785.06 of the Revised	397
Code, that a business meets the requirements for approval shall	398
approve the business. Approval remains valid for one year, unless	399
earlier suspended or revoked under section 3730.054785.07 of the	400
Revised Code. A business's approval may be renewed. Approval is	401
not transferable.	402

(1) Initial approvals granted on or after October first shall	403
be effective from the date of issuance until December thirty-first	404
of the following year, unless suspended or revoked pursuant to	405
section 4785.07 of the Revised Code.	406

(2) Every person who intends to renew an approval to operate	407
or maintain a body modification establishment shall apply to the	408
local board of health on or after November first of each year.	409
Applications received or postmarked after December thirty-first	410
shall be assessed a penalty. The amount of the penalty shall be	411
equal to twenty-five per cent of the applicable fee. Applications	412
received between November first and December thirty-first that are	413
subsequently approved shall be valid until the thirty-first day of	414
December next. Applications received after December thirty-first	415
and subsequently approved shall be valid until the thirty-first	416
day of December of the calendar year.	417

(3) An operator shall apply for a new approval in the case of	418
change in address or ownership. The operator shall be subject to	419
all fees.	420

(F) An operator shall post the current approval in a	421
conspicuous manner on the business premises.	422

Sec. 4785.051. (A)(1) In conjunction with a specific event, a	423
body modification business operator may seek a time-limited	424
license from the board of health overseeing the jurisdiction in	425
which the event will occur, enabling the operator to practice body	426
modification at the event in question.	427

(2) Time-limited body modification establishments may be	428
permitted at such events as fairs and other time-limited	429
gatherings of people, if the board of health determines that the	430
operator can substantially meet provisions contained in this	431
chapter.	432

(3) The applicable board of health may accept the business's	433
current approval as evidence of the ability to substantially meet	434
the provisions contained in this chapter.	435

(4) While accepting the approval of another board of health,	436
the board of health in the jurisdiction in which a body	437
modification business seeks time-limited approval shall conduct an	438
inspection of the site in which the operator intends to conduct	439
the time-limited business to ensure that local standards will be	440
met.	441

(B) Businesses that do not have current approval from a board	442
of health shall apply for time-limited approval from the board of	443
health in the jurisdiction in which the specific, time-limited	444
event shall take place. The applicant shall submit all applicable	445
fees and information the board of health determines necessary to	446
process the application. The requested information shall assure	447
the board of health that the business is capable of meeting the	448
provisions of this chapter, the rules adopted pursuant to it, and	449
local standards. The board of health in the jurisdiction in which	450
a body modification business seeks time-limited approval shall	451
conduct an inspection of the site in which the operator intends to	452
conduct the time-limited business to ensure that local standards	453
will be met.	454

(C) Any operator seeking a time-limited license under this	455
section shall obtain a transient-vendor license from the	456
department of taxation, as required under section 5739.17 of the	457
Revised Code, prior to seeking a time-limited license under this	458
section.	459

(D)(1) Except as provided in division (D)(2) of this section,	460
only individuals who are licensed as body modification	461
practitioners according to this chapter shall be allowed to	462
provide body modification services under a time-limited license.	463

(2) The body modification board shall adopt rules for	464
reviewing and accepting the credentials of an individual who is	465
licensed or otherwise certified to provide body modification	466
services in another state.	467

(E)(1) The board of health in the jurisdiction in which the	468
operator is seeking a time-limited license shall charge a fee of	469
two hundred dollars, enabling not more than five body modification	470
practitioners to provide body modification services at the event	471
in question.	472

(2) Additional practitioners may provide body modification	473
services under the time-limited license for an additional fee of	474
fifteen dollars per practitioner.	475

(F) Time-limited licenses shall not be issued for operators	476
seeking to provide body modification services in an open-air	477
setting.	478

Sec. 3730.04.        Sec. 4785.06. AThe local board of health shall	479
conduct at least one inspection of a body modification business	480
prior to approving the business under section 3730.034785.05 of	481
the Revised Code to offer tattooing or body piercingmodification	482
services and shall conduct an inspection annually thereafter. The	483
board may conduct additional inspections as necessary for the	484
approval process. A board of healthand may inspect an approved	485
business at any time the board considers necessary. The board of	486
health, or an authorized representative of the board, shall have	487
the authority to enter a body modification business at any	488
reasonable time to conduct inspections and to inspect procedures	489
and conditions relating to the enforcement of this chapter and the	490
rules adopted pursuant to it. In an inspection, a board of health	491
shall be given access to the business's premises and to all	492
records relevant to the inspection.	493

Sec. 3730.05.        Sec. 4785.07. (A) A local board of health may deny,	494
suspend, or revoke the approval of a business to offer tattooing	495
or body piercingmodification services at any time the board	496
determines that the business made any material misrepresentation	497
to the board, does not meet or no longer meets, or has a history	498
of noncompliance with the requirements of this chapter, or is	499
being operated in violation of this chapter or the rules adopted	500
under section 3730.10 of the Revised Code. Proceedings for	501
suspensions and revocations shall be conducted in accordance with	502
rules adopted underthis section 3730.10 of the Revised Code.	503

(B) If a local board of health proposes to deny, suspend, or	504
revoke an approval, the board shall provide the business with	505
written notice of the proposed action and the cause for the	506
action. The notice shall describe the procedure for appealing the	507
proposed denial, suspension, or revocation.	508

(1) The notice shall be provided either by certified mail,	509
return receipt requested, or by hand delivery. If the notice is	510
returned due to failure of delivery, the board of health shall	511
either send the notice by regular mail to the business location	512
listed on the application or conspicuously post the notice at the	513
entrance of the business. The notice is considered received by the	514
intended recipient on the date it was mailed or posted.	515

(2) The notice shall state that the business may obtain a	516
hearing under this section if a written request for a hearing is	517
mailed or hand-delivered to the board of health's address	518
specified in the notice, within fifteen days after the affected	519
business receives or is considered to have received the notice.	520

(C) Upon receiving the notice in a timely manner, the local	521
board of health shall schedule a hearing before the board or a	522
hearing officer designated by the board. If the board provides a	523
hearing officer, that hearing officer shall be licensed to	524
practice law in this state and shall not have participated in any	525
manner in the decision to take the action against the operator.	526

(1) The board shall mail or hand-deliver notice of the date,	527
time, and place of the hearing to the operator not less than ten	528
days before the scheduled date. The board may additionally post	529
the notice of hearing at the entrance of the business.	530

(2) The business and the board of health each shall have one	531
opportunity to reschedule the hearing date upon specific request	532
to the hearing officer, or if a hearing officer has not been	533
designated, to the other party. Any other postponements of the	534
hearing shall be by agreement of the board of health, the	535
business, and the hearing officer, if one is designated.	536

(D) At the hearing, the business shall have the opportunity	537
to present its case orally or in writing and to confront and	538
cross-examine adverse witnesses. The business may be represented	539
by its counsel, if desired, and may review the case record before	540
the hearing. If the local board of health has designated a hearing	541
officer, a member of that board does not have to be present at the	542
hearing.	543

(E) If the hearing is before a hearing officer, the hearing	544
officer shall prepare a written recommendation as to the validity	545
of the board of health's action, which shall rest solely on the	546
evidence presented at the hearing and the statutory and regulatory	547
provisions governing the action of the board of health. The	548
hearing officer shall describe the basis for the recommendation,	549
but need not prepare a full opinion or formal findings of fact and	550
conclusions of law. The hearing officer shall send by certified	551
mail, return receipt requested, or hand-deliver the recommendation	552
to the board of health and the operator. Either party may file	553
objections to the recommendation provided that the objections are	554
received by the board of health within five days of receiving a	555
copy of the recommendation from the hearing officer.	556

(F) If the board of health receives a timely objection, the	557
board may by motion take additional evidence or approve, modify,	558
or disapprove the recommendation and shall enter an order in the	559
record of its proceedings. If the board of health does not receive	560
a timely request for hearing, the board may immediately enter an	561
order as proposed in the notice.	562

(G) Notwithstanding divisions (A) to (F) of this section, a	563
board of health may immediately suspend the approval of a business	564
operating in its jurisdiction for a violation presenting an	565
immediate danger to the public health. The board shall provide the	566
business with written notice of the action, the cause of the	567
action, and the effective date of the action. The written notice	568
shall specify the procedure for appealing the suspension and shall	569
list the address to which a hearing request shall be sent or	570
delivered. The business may appeal the suspension by mailing or	571
hand-delivering a written request for hearing to the address	572
specified in the notice. If a hearing is requested, it shall be	573
heard not later than two business days after the request is	574
received by the board of health. At the hearing, the business	575
shall have the opportunity to present its case orally or in	576
writing and to confront and cross-examine adverse witnesses. The	577
business may be represented by its counsel, if desired, and may	578
review the case record before the hearing. At the hearing, the	579
board of health shall determine whether the immediate danger to	580
the public health continues to exist.	581

(H) Any determination made or order entered by a board of	582
health pursuant to this section shall be made by a majority vote	583
of the members of the board present at a meeting at which there is	584
a quorum. If the board conducts the hearing, the board may	585
immediately render a decision denying, suspending, or revoking	586
approval, or render a decision removing or continuing an approved	587
suspension. The determination or order may be considered and made	588
at a meeting without publication or advertisement, and may become	589
effective without such publication or advertisement. An order is	590
not effective until it is recorded in the board of health's record	591
of its proceedings.	592

Sec. 3730.06.        Sec. 4785.08.  (A) NoSubject to division (C) of this	593
section, no person shall perform a tattooing procedure, body	594
piercingmodification procedure, or ear piercing procedure with an	595
ear piercing gun on an individual who is undersixteen years of	596
age or older and less than eighteen years of age unless consent	597
has been given by the individual's parent, guardian, or custodian	598
in accordance with division (B)(D) of this section.	599

(B) No person shall perform a body modification procedure on	600
an individual who is under sixteen years of age, unless consent	601
has been given by the individual's parent, guardian, or custodian	602
and the procedure is a culturally-associated practice.	603

(C) No person shall perform a body modification procedure on	604
the nipple, areola, or genital area of an individual who is under	605
eighteen years of age, unless consent has been given by the	606
individual's parent, guardian, or custodian and the procedure is a	607
culturally-associated practice.	608

(D) A parent, guardian, or custodian of an individual under	609
age eighteendescribed in division (A) of this section who desires	610
to give consent to a business to perform on the individual under	611
age eighteen a tattooing procedure, body piercingmodification	612
procedure, or ear piercing procedure performed with an ear	613
piercing gun shall do both of the following:	614

(1) Appear in person at the business at the time and for the	615
duration that the procedure is performed;	616

(2) Sign a document provided by the business that explains	617
the manner in which the procedure will be performed, the specific	618
part of the body upon which the procedure will be performed, and	619
methods for proper care of the affected body area following	620
performance of the procedure.	621

The parent, guardian, or custodian present must show proof of	622
the legal relationship between the parent, guardian, or custodian	623
and the individual described in division (A) of this section by	624
providing a government-issued photo identification card and, if	625
necessary, proof of legal guardianship.	626

Sec. 3730.07.        Sec. 4785.09.  (A) No individual shall knowingly show	627
or give any false information as to the name, age, or other	628
identification of an individual who is under age eighteen for the	629
purpose of obtaining for the individual under age eighteen a	630
tattooing service, body piercingmodification service, or ear	631
piercing service performed with an ear piercing gun.	632

(B) No individual shall impersonate the parent, guardian, or	633
custodian of an individual who is under age eighteen for the	634
purpose of obtaining for the individual under age eighteen a	635
tattooing service, body piercingmodification service, or ear	636
piercing service performed with an ear piercing gun.	637

Sec. 3730.08.        Sec. 4785.10.  (A) An operator or employee of a	638
business that performs tattooing services, body piercing	639
modification services, or ear piercing services performed with an	640
ear piercing gun may not be found guilty of a violation of	641
division (A), (B), or (C) of section 3730.064785.08 of the	642
Revised Code or any rule adopted under section 3730.10 of the	643
Revised Codepursuant to this chapter in which age is an element	644
of the provisions of the rule, if the local board of health or any	645
court of record finds all of the following:	646

(1) That the individual obtaining a tattooing service,the	647
body piercingmodification service, or ear piercing service	648
performed with an ear piercing gun, at the time of so doing,	649
exhibited to the operator or employee of the tattooing, body	650
piercing,modification or ear piercing business a driver's or	651
commercial driver's license or an identification card issued under	652
sections 4507.50 to 4507.52 of the Revised Code showing that the	653
individual was then at least age eighteen;	654

(2) That the operator or employee made a bona fide effort to	655
ascertain the true age of the individual obtaining a tattooing,	656
the body piercing,modification service or ear piercing service	657
performed with an ear piercing gun by checking the identification	658
presented, at the time of the service, to ascertain that the	659
description on the identification compared with the appearance of	660
the individual and that the identification had not been altered in	661
any way;	662

(3) That the operator or employee had reason to believe that	663
the individual obtaining a tattooing,the body piercing,	664
modification service or ear piercing service performed with an ear	665
piercing gun was at least age eighteen.	666

(B) In any hearing before a board of health and in any action	667
or proceeding before a court of record in which a defense is	668
raised under this section, the registrar of motor vehicles or the	669
registrar's deputy who issued a driver's or commercial driver's	670
license or an identification card under sections 4507.50 to	671
4507.52 of the Revised Code shall be permitted to submit certified	672
copies of the records, in the registrar's or deputy's possession,	673
of such issuance in lieu of the testimony of the personnel of the	674
bureau of motor vehicles at such hearing, action, or proceeding.	675

Sec. 3730.09.        Sec. 4785.11.  (A) Each operator of a business that	676
offers tattooing or body piercing servicesmodification	677
establishment shall do all of the following:	678

(1) Maintain procedures for ensuring that the individuals who	679
perform tattooing or body piercingmodification procedures are	680
licensed pursuant to section 4785.03 of the Revised Code and are	681
adequately trained to perform the procedures properly;	682

(2) With respect to tattooing services, maintainMaintain	683
written records that include the color, manufacturer, and lot	684
number of each pigment used for each tattoo performedas required	685
by this chapter and rules adopted pursuant to it, including all	686
information required for approval under section 4785.05 of the	687
Revised Code;	688

(3) Comply with the safety and sanitation requirements for	689
preventing transmission of infectious diseases, as established in	690
by this chapter and any rules adopted under section 3730.10 of the	691
Revised Codepursuant to it;	692

(4) Ensure that all invasive equipment or parts of equipment	693
used in performing tattooing and body piercingmodification	694
procedures are disinfected and sterilized by using methods that	695
meet the disinfection and sterilization requirements established	696
inby this chapter and any rules adopted under section 3730.10 of	697
the Revised Codepursuant to it;	698

(5) Ensure that weeklybiweekly tests of the business's heat	699
sterilization devices are performed to determine whether the	700
devices are functioning properly. In having the devices tested,	701
the operator of the business shall use a biological monitoring	702
system that indicates whether the devices are killing	703
microorganisms. If a test indicates that a device is not	704
functioning properly, the operator shall take immediate remedial	705
action to ensure that heat sterilization is being accomplished.	706
The operator shall maintain documentation that the weeklybiweekly	707
tests are being performed. To comply with the documentation	708
requirement, the documents must consist of a log that indicates	709
the date on which each test is performed and the name of the	710
person who performed the test or, if a test was conducted by an	711
independent testing entity, a copy of the entity's testing report.	712
The operator shall maintain records of each test performed for at	713
least two years. Within one year of the effective date of this	714
amendment, submit, to the local board of health for approval, a	715
written infection prevention and control plan as described in	716
section 4785.05 of the Revised Code. The plan shall be kept up to	717
date and resubmitted to the board of health as necessary.	718

(B) Each operator of a body modification establishment shall	719
ensure the establishment complies with all of the following:	720

(1) The premises has an area of at least four hundred square	721
feet and the floor space for each individual performing body	722
modification services has an area of at least thirty six square	723
feet. These areas shall be adequately spaced or separated from	724
each other by fixed partitions. Complete privacy shall be	725
available upon a patron's request and private sessions after hours	726
shall be available.	727

(2) The entire procedure room and all equipment are	728
maintained in a clean, sanitary condition and in good repair.	729

(3) A minimum of at least twenty foot candles of artificial	730
light at a distance of thirty inches above the floor are provided	731
throughout the establishment and a minimum of forty foot candles	732
of light are provided at the level where the body modification is	733
being performed. Spotlighting may be used to achieve this required	734
degree of illumination.	735

(4) All floors directly under equipment used for body	736
modification have an impervious, smooth, and washable surface.	737

(5) All tables and other equipment are constructed of easily	738
cleanable material, with a smooth, nonporous finish.	739

(6) Restroom facilities are available to the body	740
modification practitioners and patrons and are located within the	741
establishment. The restroom shall be accessible at all times the	742
body modification establishment is open for operation. The	743
restroom shall be equipped with a toilet, toilet paper installed	744
in a holder, hand washing sink supplied with hot and cold running	745
water, liquid or granulated soap, and single-use towels or	746
mechanical hand dryer. Equipment and supplies used for body	747
modification procedures or disinfection and sterilization	748
procedures shall not be stored or utilized within the restroom.	749

(7) A hand washing sink, with hot and cold running water,	750
liquid or granular soap, and single-use towels or a mechanical	751
hand dryer is located separate from the restroom and no further	752
than twenty-five feet from each body modification practitioner	753
performing a procedure.	754

(8) No overhead or otherwise exposed sewerage lines exist so	755
as to create a potential hazard to the sanitary environment of the	756
business.	757

(9) Sufficient and appropriate receptacles are provided for	758
the disposal of used gloves, dressings, and other trash. Each	759
receptacle shall have a lid and be kept closed at all times while	760
not in use.	761

(10) Animals are not permitted in the establishment. This	762
requirement does not apply to patrol dogs accompanying security or	763
police officers, guide dogs, or other support animals accompanying	764
disabled persons.	765

(11) Unless medically necessary, no person consumes food or	766
drink, handles contact lenses, applies cosmetics, performs	767
personal grooming, handles personal vaporizing devices, or	768
conducts other similar activities in rooms used specifically for	769
body modification or sterilization procedures.	770

(12) Smoking or use of any other tobacco product, including	771
an electronic cigarette or personal vaporizer, is not permitted in	772
facilities used specifically for tattoo or body piercing purposes.	773

(13) Smoking is not permitted within ten feet of the entryway	774
of the facility.	775

(14) All water supplies, waste water disposal systems, solid	776
waste disposal, and infectious waste disposal meet requirements of	777
the Ohio environmental protection agency, the department of	778
health, or the local board of health, as applicable.	779

(C) Each operator of a body modification establishment shall	780
ensure that all persons performing body modification services in	781
the establishment hold a valid license issued under section	782
4785.03 of the Revised Code.	783

(D) The operator of the body modification establishment shall	784
ensure that each patron shall be provided with verbal and written	785
aftercare guidelines following any body modification procedure.	786
Such guidelines shall be available in both English and Spanish.	787

(E)(1) The operator of the body modification establishment	788
shall ensure that record of each body modification procedure is	789
maintained by the body modification establishment for at least two	790
years. The record shall include all of the following:	791

(a) The patron's name;

792

(b) The patron's address;

793

(c) The date of the service;

794

(d) The colors and manufacturer of all inks, dyes, or	795
pigments used;	796

(e) Any jewelry used, including size, material composition,	797
and manufacturer;	798

(f) The placement of the procedure.

799

(2) In the event of the closing of the establishment, the	800
operator shall, in accordance with federal law, make all records	801
available to the local board of health.	802

(F) Each operator of a business that offers ear piercing	803
services performed with an ear piercing gun shall require the	804
individuals who perform the ear piercing services to disinfect and	805
sterilize the ear piercing gun by using chemical solutions that	806
meet the disinfection and sterilization requirements established	807
in rules adopted under section 3730.10 of the Revised Codecomply	808
with section 4785.17 of the Revised Code and any rules adopted	809
pursuant to this chapter.	810

Sec. 4785.12. (A) No body modification practitioner shall	811
perform body modification services if either of the following	812
applies:	813

(1) The body modification practitioner is impaired by any	814
drugs or alcohol;	815

(2) The body modification practitioner knowingly has, in a	816
communicable stage, an infectious or contagious disease, parasitic	817
infestation, exudative lesions, or any form of communicable	818
weeping dermatitis. If the practitioner has such a condition, the	819
practitioner shall avoid contact with patrons and equipment until	820
the condition is healed or is noncommunicable, as relevant. Any	821
cuts, sores, or abrasions shall be adequately covered with a	822
bandage.	823

(B) Prior to performing a body modification procedure, the	824
body modification practitioner shall inquire of a patron if the	825
patron has any condition that could affect the healing process.	826
Body modification procedures shall not be performed on patrons	827
that indicate the presence of such a condition without	828
documentation from a licensed physician indicating acceptance of	829
the patient for appropriate care following the procedure.	830

(C) A body modification practitioner shall perform body	831
modification procedures only on a healthy skin surface, as	832
specified by the body modification board in rules.	833

(D) A body modification practitioner performing body	834
modification procedures shall observe standard precautions for	835
preventing transmission of bloodborne and other infectious	836
diseases including compliance with all of the following:	837

(1) Sterile instruments and aseptic techniques shall be used	838
at all times during a procedure;	839

(2) Hand washing shall be performed before and after each	840
procedure and as otherwise required in rules adopted by the board.	841

(3) Fingernails shall be kept short and clean in accordance	842
with rules adopted by the board;	843

(4) Clean, previously unused gloves shall be worn throughout	844
the entire procedure, including during setup and tear down. If the	845
gloves are pierced, torn, or otherwise become contaminated or	846
compromised, hand washing shall be performed and a new pair shall	847
be put on immediately. If the body modification practitioner	848
leaves the area during the procedure, gloves shall be removed	849
before leaving, hand washing shall be performed, and a new pair of	850
gloves shall be put on when returning. Under no circumstances	851
shall a single pair of gloves be used on more than one patron.	852
Nitrile gloves should be available for use on patrons with a latex	853
allergy.	854

(5) Only sterilized, single use, disposable needles shall be	855
used on a patron. All used needles and associated needle bars	856
shall be properly disposed of immediately after the procedure.	857

(6) A body modification practitioner performing a tattoo	858
procedure who utilizes a control barrier must use a new,	859
disposable control barrier for each patron.	860

(7) If shaving is necessary, single use disposable razors	861
shall be used. No straight razors shall be used. Used razors shall	862
be properly disposed of in an appropriate sharps container.	863

(8) Only pre-dispensed A&D ointment, triple antibiotic	864
ointment, or an industry specific ointment shall be used in area	865
of a tattoo before, during, and after the procedure and shall be	866
applied by pre-sterilized gauze or tongue depressors. Under no	867
circumstances are fingers to be used for this purpose.	868

(9) All marking instruments shall be antiseptic in nature or	869
sterilize by design.	870

(10) All products used to address the flow of blood or to	871
absorb blood shall be single use and disposed of properly. No body	872
modification practitioner performing a body modification procedure	873
shall use styptic pencils, alum blocks, or other solid styptics to	874
address the flow of blood.	875

(11) After any body modification service and prior to the	876
next, all procedure areas shall be cleaned according to procedures	877
and with chemicals approved by the board in rule.	878

(12) All soaps, inks, dyes, pigments, ointments, and other	879
products shall be dispensed and applied using an aseptic technique	880
and in a manner to prevent contamination of the original container	881
and its contents. Applicators shall be antiseptic in nature or	882
sterile by design.	883

(13) Any equipment intended for use that is not single use	884
shall be disinfected and sterilized between patrons. Equipment	885
that cannot be sterilized shall be disinfected between each use.	886

(14) Appropriate hand washing techniques shall be followed	887
and gloves shall be worn during cleaning, disinfecting, and	888
sterilization procedures.	889

(15) Waste items, including needles, razors, and other	890
supplies capable of causing lacerations or puncture wounds,	891
generated through the provision of any body modification	892
procedure, shall be disposed of in accordance with rules adopted	893
by the board.	894

(16) Piercings shall be conducted using a lubricating,	895
water-based jelly.	896

(E) If a complaint of infection is directly related to the	897
body modification procedure in question, the body modification	898
practitioner who performed the procedure shall cooperate with any	899
investigations or requirements of the local board of health.	900

Sec. 4785.14.  Each operator of a body modification	901
establishment shall ensure that the business and all body	902
modification practitioners performing in the establishment comply	903
with all the following:	904

(A) All nondisposable instruments or equipment used for body	905
modification procedures shall be thoroughly cleaned and sterilized	906
or disinfected after each use on any patron in the following	907
manner:	908

(1) Soaked in an enzymatic precleaner to remove all gross	909
debris;	910

(2) Scrubbed of debris;

911

(3) Rinsed and patted dry;

912

(4) Disassembled or placed in the open position, if hinged;

913

(5) Visually inspected to verify that they are clean and to	914
identify any damage including bends, cracks, or pits that would	915
impair the sterilization process;	916

(6) Thoroughly cleaned in tepid water and an appropriate	917
detergent capable of breaking down blood, ink, dyes, pigments, and	918
other contaminants;	919

(7) Fully submerged in a disinfectant to ensure contact with	920
all surfaces for the amount of time specified in the	921
manufacturer's instructions;	922

(8) Rinsed and patted dry;

923

(9) Placed in a heated ultrasonic cleaning unit filled with	924
an appropriate solution;	925

(10) Rinsed and air dried;

926

(11) Individually packed in sterilization pouches or sealable	927
nylon sterilization tubing. Each pouch or its indicator shall be	928
labeled with autoclave indicating tape. The label shall note the	929
date and time of processing as well as the initials of the	930
operator.	931

(B) All nondisposable instruments or equipment used for body	932
modification procedures shall be steam sterilized before each use	933
on any patron to a pressure of at least fifteen pounds per square	934
inch. Once this pressure has been reached, the equipment shall be	935
sterilized for thirty minutes.	936

(C) All ultrasonic cleaning units and steam sterilizers shall	937
be used, cleaned, and maintained in accordance with the	938
manufacturer's current instructions. The sterilizer shall be	939
maintained in proper working condition and records of any	940
maintenance performed shall be kept for at least two years.	941

(D) All sterilizers shall be monitored by using all of the	942
following:	943

(1) Sterilization pouches that have a process indicator that	944
changes color upon proper steam sterilization;	945

(2) A sterilization integrator placed in each load or a	946
digital printout from the sterilizer of each load in accordance	947
with the manufacturer's recommendations, indicating that minimum	948
conditions existed;	949

(3) A biological indicator test that is taken and submitted	950
to a lab for analysis on a weekly basis for businesses with forty	951
or more pounds of medical waste per week or on a monthly basis for	952
businesses with less than forty pounds of medical waste per week.	953

(E)(1) Documentation that the sterilization indicators,	954
integrators, and biological indicator tests were performed shall	955
be maintained and shall include all of the following:	956

(a) The date and time the sterilizer load was run or the	957
biological test was performed;	958

(b) The name of the person who ran the sterilization load or	959
performed the test;	960

(c) The results of the sterilization integrator or digital	961
printout;	962

(d) A copy of the report that a biological indicator test was	963
conducted by an independent laboratory.	964

(2) All documentation records shall be maintained and readily	965
available for each test performed for at least two years. This	966
documentation may also be kept in each patron's file for all	967
needles and instruments used on that patron.	968

(F) All steam sterilizers in body modification establishments	969
shall be designed to sterilize hollow instruments and shall be	970
equipped with a mechanical drying cycle.	971

(G) When any wetness or moisture remains on or within a	972
sterilization pouch, or if the sterilizer has malfunctioned, the	973
instruments or equipment shall be considered contaminated and	974
shall be repackaged and resterilized in a functioning sterilizer	975
prior to use.	976

(H)(1) When the process indicator in the pouches and	977
sterilization integrators or digital printout demonstrate that	978
sterilization has been achieved, the sterilized instruments and	979
equipment shall remain in the pouches and be placed into inventory	980
until use.	981

(2) When the process indicator in the pouches, the	982
sterilization integrator, or the digital printout demonstrate that	983
sterilization has not been achieved, the sterilizer shall not be	984
used until it is examined to determine the malfunction and	985
repaired or replaced.	986

(I) After sterilization, all equipment and instruments used	987
for body modification shall remain in the sterilization pouch,	988
handled with newly gloved hands and stored in a clean, dry, closed	989
cabinet, drawer, or other container reserved for such instruments	990
or equipment. Sterilized instruments or equipment shall not be	991
used until reprocessed if the integrity of the pouch has been	992
compromised, is wet or stained, or is otherwise contaminated.	993

(J) The board shall adopt rules specifying that the	994
expiration date for steam-sterilized equipment or instruments is	995
one year from the date of sterilization, unless the integrity of	996
the sterilization pouch is compromised and prescribing expiration	997
dates for equipment or instruments sterilized using other methods.	998

(K) All tattoo needles or instruments intended to penetrate	999
the skin only once shall be disposed of after one use.	1000

Sec. 4785.15.  In addition to other requirements of this	1001
chapter, an operator of a body modification establishment shall	1002
ensure that the business and all persons performing tattooing	1003
procedures at that establishment comply with all of the following:	1004

(A) Prior to a procedure, the area of the patron's body to be	1005
tattooed, shall be thoroughly cleaned with soap and water, then	1006
prepared with an antiseptic solution that is applied with a clean	1007
single-use gauze square, cotton ball or square, cotton swab, or	1008
other clean, absorbent, disposable material.	1009

(B) All products applied to the skin, including stencils,	1010
shall be single use and disposable. Stencils shall be dispensed	1011
and applied on the area to be tattooed with a clean paper towel or	1012
an applicator in a manner to prevent contamination of the original	1013
container and its contents. Petroleum-based products shall not be	1014
used in conjunction with latex gloves.	1015

(C) Only commercially manufactured inks, dyes, or pigments	1016
that are intended for tattooing shall be used. Powdered dyes shall	1017
be liquefied as recommended by the manufacturer. Unless approved	1018
by the manufacturer, ink, dye, or pigment colors shall not be	1019
adulterated by the body modification practitioner. Single-use	1020
containers of inks, dyes, or pigments, including for mixing, shall	1021
be used for each patron, and the body modification practitioner	1022
shall discard the container and remaining dye or ink upon	1023
completion of procedure. If nondisposable containers are used,	1024
they shall be sterilized before reuse. The body modification	1025
practitioner performing the procedure shall remove excess dye,	1026
pigment, or ink from the skin with single-use gauze squares,	1027
cotton balls or squares, cotton swabs, or other clean, absorbent,	1028
disposable material.	1029

(D) The body modification practitioner shall wash the	1030
completed tattoo with a single-use gauze square, cotton ball, or	1031
square or cotton swab, saturated with an appropriate A&D ointment,	1032
triple antibiotic ointment, or industry specific ointment	1033
dispensed and applied by presterilized gauze. The tattooed area	1034
shall be allowed to dry, after which the body modification	1035
practitioner shall apply a sterile, nonocclusive, single-use	1036
dressing secured with nonallergenic tape to the site. Nonmedical	1037
use paper products, including napkins and tape for dressing, shall	1038
not be used.	1039

(E) Gloves shall be worn for all procedures required under	1040
this section.	1041

Sec. 4785.16.  In addition to other requirements of this	1042
chapter, an operator of a body modification establishment shall	1043
ensure that the business and all persons performing body piercing	1044
services at that establishment comply with all of the following:	1045

(A) Prior to a procedure, the area of the patron's body to be	1046
pierced shall be thoroughly cleaned with a mixture of	1047
antibacterial soap, benzalkonium chloride, and seventy per cent	1048
isopropyl alcohol, then prepared with an antiseptic solution that	1049
is applied with a clean, absorbent disposable material. In the	1050
case of oral piercings, the patron shall be provided with	1051
alcohol-free, antiseptic mouthwash in a single-use cup and the	1052
body modification practitioner shall ensure that the patron	1053
utilizes the mouthwash provided to thoroughly rinse the affected	1054
area. In the case of a lip, labret, or cheek piercing, procedures	1055
described in this division for both skin and oral piercings shall	1056
be followed.	1057

(B) Only sterilized jewelry made of a material approved by	1058
the board in rule shall be placed in a new piercing.	1059

(C) Body modification operators producing jewelry in-house	1060
shall maintain mill certificates for jewelry at the body	1061
modification establishment.	1062

Sec. 4785.17.  An operator of a business that provides ear	1063
piercing services with an ear piercing gun shall ensure that the	1064
business and all persons performing those services at that	1065
business comply with all of the following:	1066

(A) All individuals providing ear piercing services with an	1067
ear piercing gun shall be trained in accordance with the	1068
manufacturer's specifications to properly use, clean, disinfect,	1069
sterilize, and store the ear piercing gun, in accordance with	1070
rules adopted pursuant to this chapter.	1071

(B) The ear piercing gun shall only be used on the lobe of	1072
the ear.	1073

(C) The individual performing the service shall wear a clean,	1074
new pair of gloves for each piercing performed.	1075

(D) The ear piercing gun shall be made up of disposable	1076
parts, such that all parts of the gun that touch the patron's skin	1077
are disposable and can be removed from the gun and disposed of in	1078
an appropriate receptacle.	1079

(E) In the case of a visible exposure of the gun to blood,	1080
the individual performing the service shall immediately do one of	1081
the following:	1082

(1) Place the gun in a rigid, tightly closed container,	1083
before returning the gun to the manufacturer, in accordance with	1084
instructions provided by the manufacturer;	1085

(2) Sterilize the gun by the procedure established in section	1086
4785.14 of the Revised Code;	1087

(3) Discard the gun in accordance with solid waste and	1088
infectious waste rules adopted by the Ohio environmental	1089
protection agency.	1090

(F) After proper sterilization, the ear piercing gun shall be	1091
stored in a sterilization bag in a covered container or cabinet	1092
when not in use.	1093

(G) Prior to performing an ear piercing procedure with an ear	1094
piercing gun, the individual offering the service shall inform all	1095
patrons requesting such services of the frequency and method	1096
utilized to disinfect and sterilize all equipment used in the ear	1097
piercing procedure and the extent to which the methods used	1098
destroy disease-producing microorganisms.	1099

(H) The individual offering the service shall provide	1100
aftercare guidelines that shall not include the use of bezalkonium	1101
chloride for more than three days after the completion of the	1102
procedure.	1103

(I) An operator that provides ear piercing services shall	1104
abide with the consent requirements prescribed in division (A) of	1105
section 4785.08 of the Revised Code.	1106

Sec. 3730.11.        Sec. 4785.18.  Nothing in this chapter shall be	1107
interpreted as prohibiting municipal corporations, or townships	1108
that have adopted the limited self-government form of township	1109
government under Chapter 504. of the Revised Code, from adopting	1110
ordinances or resolutions that prohibit the establishment of	1111
businesses that offer tattooing or body piercing services	1112
modification procedures.	1113

Sec. 3730.99.        Sec. 4785.99.  (A) WhoeverExcept as provided in	1114
division (E) of this section, whoever violates division (A), (B),	1115
or (C) of section 3730.02 or division (A) of section 3730.06	1116
4785.02 of the Revised Code is guilty of a misdemeanor of the	1117
fourth degree.	1118

(B) Whoever violates division (A) or (B) of section 3730.07	1119
4785.09 of the Revised Code is guilty of a misdemeanor of the	1120
first degree.	1121

(C)(1) Except as provided in divisions (D) and (E) of this	1122
section, whoever violates division (A), (B), or (C) of section	1123
4785.08 of the Revised Code is guilty of a misdemeanor of the	1124
first degree on a first offense, a felony of the fifth degree on a	1125
second offense, a felony of the fourth degree on a third offense,	1126
and a felony of the third degree on a fourth or subsequent	1127
offense.	1128

(2) The penalties for the offenses described in division	1129
(C)(1) of this section shall be the following:	1130

(a) For a misdemeanor of the first degree, a fine of up to	1131
five hundred dollars or a jail term of one hundred eighty days, or	1132
both;	1133

(b) For a felony of the fifth degree, a fine of up to one	1134
thousand dollars or a prison term of between six and twelve	1135
months, or both;	1136

(c) For a felony of the fourth degree, a fine of up to five	1137
thousand dollars or a prison term of between twelve and eighteen	1138
months, or both;	1139

(d) For a felony of the third degree, a fine of up to ten	1140
thousand dollars or a prison term of between thirty-six and sixty	1141
months, or both.	1142

(D) Whoever violates division (B) or (C) of section 4785.08	1143
of the Revised Code by performing a body modification procedure or	1144
ear piercing procedure with an ear piercing gun on an individual	1145
who is under thirteen years of age is guilty of a felony of the	1146
first degree and may be fined up to twenty thousand dollars and	1147
sentenced to a prison term of between five and eleven years, or	1148
both.	1149

(E) Whoever violates division (A) of section 4785.02 and	1150
division (A), (B), or (C) of section 4785.08 of the Revised Code	1151
in the same course of conduct is guilty of a felony of the second	1152
degree and may be fined up to fifteen thousand dollars and	1153
sentenced to a prison term of between five and eleven years in	1154
prison.	1155

Section 2.  That existing sections 3709.09, 3730.01,	1156
3730.02, 3730.03, 3730.04, 3730.05, 3730.06, 3730.07, 3730.08,	1157
3730.09, 3730.11, and 3730.99 and section 3730.10 of the Revised	1158
Code are hereby repealed.	1159

Section 3. (A) The Department of Health and the Governor	1160
shall make their initial appointments to the State Board of Body	1161
Modification pursuant to section 4785.03 of the Revised Code, as	1162
enacted by this act, by December 1, 2014.	1163

(B) The requirement in division (A) of section 4785.03 of the	1164
Revised Code, as enacted by this act, that three members of the	1165
State Board of Body Modification be body modification	1166
practitioners licensed under Chapter 4785. of the Revised Code, as	1167
enacted by this act, shall not apply to initial appointments to	1168
the Board. Instead, those members shall be individuals with	1169
sufficient experience in the provision of body modification	1170
services.	1171

Section 4. Section 3730.02 (4785.02) of the Revised Code, as	1172
amended by this act, shall take effect one hundred eighty days	1173
after the effective date of this act.	1174

Section 5. The Director of Health shall coordinate with the	1175
State Board of Body Modification for the revision, and potential	1176
renumbering, of Chapter 3701-9. of the Ohio Administrative Code to	1177
ensure that the Ohio Administrative Code is consistent with this	1178
act. The Director may adopt, amend, and repeal rules in that	1179
Chapter for this purpose.	1180

Section 6. The requirement related to steam sterilizers	1181
prescribed in division (F) of section 4785.14 of the Revised Code	1182
shall not apply to body modification operators or establishments	1183
existing on the effective date of this act until January 1, 2017.	1184