130th Ohio General Assembly
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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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