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As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 25 |
REPRESENTATIVES LUCAS-HOOD-TERWILLEGER
A BILL
To enact sections 3730.01 to 3730.06, 3730.10, and 3730.99 of the
Revised Code to regulate businesses that offer tattooing or body piercing
services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3730.01, 3730.02, 3730.03, 3730.04, 3730.05, 3730.06,
3730.10, and 3730.99 of the Revised Code be enacted to read as follows:
Sec. 3730.01. AS USED IN THIS CHAPTER:
(A) "BOARD OF HEALTH"
MEANS THE BOARD OF HEALTH OF A CITY OR GENERAL HEALTH DISTRICT
OR THE AUTHORITY HAVING THE DUTIES OF A BOARD OF HEALTH UNDER
SECTION 3709.05 OF THE REVISED
CODE.
(B) "BODY PIERCING" DOES
NOT INCLUDE EAR PIERCING.
(C) "BUSINESS" MEANS ANY
ENTITY THAT PROVIDES SERVICES FOR COMPENSATION.
(D) "GUARDIAN" HAS THE
SAME MEANING AS IN SECTION 2111.01 OF THE
REVISED
CODE.
Sec. 3730.02. NO PERSON SHALL DO ANY OF THE
FOLLOWING:
(A) OPERATE A BUSINESS
THAT OFFERS TATTOOING OR BODY PIERCING SERVICES UNLESS A BOARD
OF HEALTH HAS APPROVED THE BUSINESS UNDER SECTION 3730.03 OF THE
REVISED
CODE;
(B) PERFORM A TATTOOING
OR BODY PIERCING PROCEDURE IN A MANNER THAT DOES NOT MEET THE
SAFETY AND SANITATION STANDARDS ESTABLISHED IN RULES ADOPTED
UNDER SECTION 3730.10 OF THE
REVISED
CODE;
(C) PERFORM ANY
TATTOOING OR BODY PIERCING PROCEDURE ON AN INDIVIDUAL WHO IS
UNDER AGE EIGHTEEN UNLESS THE INDIVIDUAL'S PARENT OR GUARDIAN
CONSENTS TO THE PROCEDURE IN ACCORDANCE WITH SECTION 3730.06 OF
THE REVISED
CODE.
Sec. 3730.03. A PERSON SEEKING APPROVAL TO OPERATE A
BUSINESS THAT OFFERS TATTOOING OR BODY PIERCING SERVICES SHALL
APPLY TO THE BOARD OF HEALTH OF THE CITY OR GENERAL HEALTH
DISTRICT IN WHICH THE BUSINESS IS LOCATED ON FORMS THE BOARD
SHALL PRESCRIBE AND PROVIDE. THE APPLICANT SHALL SUBMIT ALL
INFORMATION THE BOARD OF HEALTH DETERMINES IS NECESSARY TO
PROCESS THE APPLICATION. THE APPLICANT SHALL INCLUDE THE FEE
ESTABLISHED UNDER SECTION 3709.09 OF THE
REVISED
CODE WITH THE APPLICATION.
BOARDS OF HEALTH SHALL DEPOSIT ALL FEES COLLECTED UNDER
THIS SECTION INTO THE HEALTH FUND OF THE DISTRICT THAT THE BOARD
SERVES. THE FEES SHALL BE USED SOLELY FOR THE PURPOSES OF
IMPLEMENTING AND ENFORCING THIS CHAPTER.
TO RECEIVE APPROVAL TO OFFER TATTOOING OR BODY PIERCING
SERVICES, A BUSINESS MUST DEMONSTRATE TO A BOARD OF HEALTH THE
ABILITY TO MEET THE SAFETY AND SANITATION STANDARDS ESTABLISHED
IN RULES ADOPTED UNDER SECTION 3730.10 OF THE
REVISED
CODE. IN ADDITION, THE
BUSINESS MUST AGREE TO MAINTAIN PROCEDURES FOR ENSURING THAT THE
INDIVIDUALS WHO PERFORM TATTOOING OR BODY PIERCING PROCEDURES
ARE ADEQUATELY TRAINED TO PERFORM THE PROCEDURES PROPERLY.
A BOARD OF HEALTH THAT DETERMINES, FOLLOWING AN INSPECTION
CONDUCTED UNDER SECTION 3730.04 OF THE
REVISED
CODE, THAT A BUSINESS MEETS THE
REQUIREMENTS FOR APPROVAL SHALL APPROVE THE BUSINESS. APPROVAL
REMAINS VALID FOR TWO YEARS, UNLESS EARLIER SUSPENDED OR REVOKED
UNDER SECTION 3730.05 OF THE
REVISED
CODE. A BUSINESS'S APPROVAL
MAY BE RENEWED. APPROVAL IS NOT TRANSFERABLE.
Sec. 3730.04. A BOARD OF HEALTH SHALL CONDUCT AT LEAST
ONE INSPECTION OF A BUSINESS PRIOR TO APPROVING THE BUSINESS
UNDER SECTION 3730.03 OF THE
REVISED
CODE AND MAY CONDUCT ADDITIONAL
INSPECTIONS AS NECESSARY FOR THE APPROVAL PROCESS. A BOARD OF
HEALTH MAY INSPECT AN APPROVED BUSINESS AT ANY TIME THE BOARD
CONSIDERS NECESSARY. IN AN INSPECTION, A BOARD OF HEALTH SHALL
BE GIVEN ACCESS TO THE BUSINESS'S PREMISES AND TO ALL RECORDS
RELEVANT TO THE INSPECTION.
Sec. 3730.05. A BOARD OF HEALTH MAY SUSPEND OR REVOKE THE
APPROVAL OF A BUSINESS TO OFFER TATTOOING OR BODY PIERCING
SERVICES AT ANY TIME THE BOARD DETERMINES THAT THE BUSINESS IS
BEING OPERATED IN VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED
UNDER SECTION 3730.10 OF THE
REVISED
CODE. PROCEEDINGS FOR
SUSPENSIONS AND REVOCATIONS SHALL BE CONDUCTED IN ACCORDANCE
WITH RULES ADOPTED UNDER SECTION 3730.10 OF THE
REVISED
CODE.
Sec. 3730.06. A PARENT OR CUSTODIAN OF AN INDIVIDUAL
UNDER AGE EIGHTEEN WHO DESIRES TO GIVE CONSENT TO A BUSINESS TO
PERFORM A TATTOOING OR BODY PIERCING PROCEDURE ON THE INDIVIDUAL
SHALL DO BOTH OF THE FOLLOWING:
(A) APPEAR IN PERSON AT
THE BUSINESS AT THE TIME THE PROCEDURE IS PERFORMED;
(B) SIGN A DOCUMENT
PROVIDED BY THE BUSINESS THAT EXPLAINS THE MANNER IN WHICH THE
PROCEDURE WILL BE PERFORMED AND METHODS FOR PROPER CARE OF THE
AFFECTED BODY AREA FOLLOWING PERFORMANCE OF THE PROCEDURE.
Sec. 3730.10. NOT LATER THAN NINETY DAYS AFTER THE
EFFECTIVE DATE OF THIS SECTION, THE PUBLIC HEALTH COUNCIL SHALL
ADOPT RULES IN ACCORDANCE WITH
CHAPTER 119. OF THE
REVISED
CODE AS NECESSARY FOR THE
IMPLEMENTATION AND ENFORCEMENT OF THIS CHAPTER. THE RULES SHALL
SPECIFY THE SAFETY AND SANITATION PROCEDURES TO BE FOLLOWED TO
PREVENT THE TRANSMISSION OF INFECTIOUS DISEASES DURING THE
PERFORMANCE OF TATTOOING AND BODY PIERCING PROCEDURES. THE
RULES SHALL INCLUDE THE METHODS TO BE FOLLOWED FOR APPROPRIATE
STERILIZATION OF ALL INVASIVE EQUIPMENT OR PARTS OF EQUIPMENT
USED IN TATTOOING AND BODY PIERCING PROCEDURES. THE RULES ALSO
SHALL INCLUDE PROCEDURES FOR SUSPENDING AND REVOKING APPROVALS
UNDER SECTION 3730.05 OF THE
REVISED
CODE. THE RULES MAY INCLUDE
STANDARDS TO BE FOLLOWED TO ENSURE THAT INDIVIDUALS WHO PERFORM
TATTOOING AND BODY PIERCING PROCEDURES ARE ADEQUATELY TRAINED.
Sec. 3730.99. WHOEVER VIOLATES SECTION 3730.02 OF THE
REVISED
CODE IS GUILTY OF A MISDEMEANOR
OF THE FOURTH DEGREE.
Section 2. Section 1 of this act, except for section 3730.10 of
the Revised Code, shall take effect ninety days after the
effective date of this act. Section 3730.10 of the Revised
Code shall take effect at the earliest
time permitted by law.
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