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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 |
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 |
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, | 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, | 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 |
| 75 |
| 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 |
| 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 |
| 119 |
modification services for compensation. | 120 |
| 121 |
Revised Code. | 122 |
"Custodian" has the same meaning as in section 2151.011 of | 123 |
the Revised Code. | 124 |
| 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 |
| 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 |
| 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 | 207 |
modification services unless a local board of health has approved | 208 |
the business under section | 209 |
| 210 |
procedure in a manner that does not meet the safety and sanitation | 211 |
standards established by this chapter and the rules adopted | 212 |
213 |
| 214 |
modification procedure | 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 | 219 |
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 |
| 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 | 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 | 312 |
313 | |
provide. The applicant shall submit all applicable fees and | 314 |
information the board of health determines is necessary to process | 315 |
the application. | 316 |
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 |
| 377 |
378 | |
379 | |
380 | |
381 | |
382 | |
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 | 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 | 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 |
| 479 |
conduct at least one inspection of a body modification business | 480 |
prior to approving the business under section | 481 |
the Revised Code to offer
| 482 |
services and shall conduct an inspection annually thereafter. The | 483 |
board may conduct additional inspections as necessary for the | 484 |
approval process | 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 |
| 494 |
suspend, or revoke the approval of a business to offer | 495 |
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 | 500 |
501 | |
suspensions and revocations shall be conducted in accordance with | 502 |
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 |
| 593 |
section, no person shall perform a
| 594 |
595 | |
ear piercing gun on an individual who is | 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 | 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 | 609 |
610 | |
to give consent to a business to perform on the individual | 611 |
612 | |
procedure | 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 |
| 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 |
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 |
636 | |
piercing service performed with an ear piercing gun. | 637 |
| 638 |
business that performs | 639 |
modification services | 640 |
ear piercing gun may not be found guilty of a violation of | 641 |
division (A), (B), or (C) of section | 642 |
Revised Code or any rule adopted
| 643 |
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 | 647 |
body | 648 |
performed with an ear piercing gun, at the time of so doing, | 649 |
exhibited to the operator or employee of the
| 650 |
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 | 656 |
the body | 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 | 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 |
| 676 |
677 | |
establishment shall do all of the following: | 678 |
(1) Maintain procedures for ensuring that the individuals who | 679 |
perform | 680 |
licensed pursuant to section 4785.03 of the Revised Code and are | 681 |
adequately trained to perform the procedures properly; | 682 |
(2) | 683 |
written records | 684 |
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 | 690 |
by this chapter and any rules adopted | 691 |
692 |
(4) Ensure that all invasive equipment or parts of equipment | 693 |
used in performing | 694 |
procedures are disinfected and sterilized by using methods that | 695 |
meet the disinfection and sterilization requirements established | 696 |
697 | |
698 |
(5) Ensure that | 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 | 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 | 805 |
806 | |
807 | |
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 |
| 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 | 1112 |
modification procedures. | 1113 |
| 1114 |
division (E) of this section, whoever violates | 1115 |
1116 | |
4785.02 of the Revised Code is guilty of a misdemeanor of the | 1117 |
fourth degree. | 1118 |
(B) Whoever violates | 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 |