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As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. H. B. No. 25 |
REPRESENTATIVES LUCAS-HOOD-TERWILLEGER-PRINGLE-HOUSEHOLDER-
MILLER-JAMES-LEWIS-GERBERRY-GARCIA-VESPER-MOTTL-SAWYER-
WHALEN-OGG-THOMAS-HARRIS
A BILL
To amend sections 2151.02 and 3709.09 and to enact sections 3730.01 to
3730.08, 3730.10, 3730.11, 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 2151.02 and 3709.09 be amended and sections 3730.01,
3730.02, 3730.03, 3730.04, 3730.05, 3730.06, 3730.07, 3730.08, 3730.10,
3730.11, and 3730.99 of the Revised Code be enacted to read as follows:
Sec. 2151.02. As used in this chapter, "delinquent child" includes any
of the following:
(A) Any child who violates any law of this state or the United States, or any
ordinance or regulation of a political subdivision of the state, that would be
a crime if committed by an adult, except as provided in section 2151.021 of
the Revised Code;
(B) Any child who violates any lawful order of the court made
under this chapter;
(C) Any child who violates division (A) of section 2923.211 of the Revised
Code;
(D) ANY CHILD WHO VIOLATES DIVISION (A) OF SECTION
3730.07 of the Revised Code.
Sec. 3709.09. (A) The board of health of a city or
general health district may, by rule, establish a uniform system
of fees to pay the costs of any services provided by the board.
Fees for services provided by the board for purposes specified in
sections 3701.344, 3711.05, 3730.03, 3732.04, 3733.04, 3733.25, and
3749.04 of the Revised Code shall be established in accordance
with rules adopted under division (B) of this section. The
district advisory council, in the case of a general health
district, and the legislative authority of the city, in the case
of a city health district, may disapprove any fee established by
the board of health under this division, and any such fee, as
disapproved, shall not be charged by the board of health.
(B)(1) Not later than December 31, 1990, the THE public health
council shall adopt rules under section 111.15 of the Revised
Code that establish fee categories and uniform methodologies for
use in calculating the costs of services provided for purposes
specified in sections 3701.344, 3711.05, 3730.03, 3732.04, 3733.04,
3733.25, and 3749.04 of the Revised Code. In adopting the rules,
the public health council shall consider recommendations it
receives from advisory boards established either by statute or
the director of health for entities subject to the fees.
(2) As used in this division, "licensor" and "vending
machine location" have the same meanings as in section 3732.01 of
the Revised Code.
The public health council shall, under its rules, prohibit
licensors from increasing fees under section 3732.04 of the
Revised Code for vending machine locations by a percentage of
increase over the previous year's fee that exceeds the percentage
of increase in the consumer price index for all urban consumers
(United States city average, all items), prepared by the United
States department of labor, bureau of labor statistics, for the
immediately preceding calendar year.
(C) At least thirty days prior to establishing a fee for a
service provided by the board for a purpose specified in section
3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the
Revised Code, a board of health shall notify any entity that would be
affected by the proposed fee of the amount of the proposed fee.
A board of health shall give notice in accordance with section
3732.04 of the Revised Code of the hearing regarding a proposed
fee for a service provided for the purpose specified in that
section.
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) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B) OF
SECTION 3730.06 AND SECTION 3730.10 of the Revised Code, "BODY PIERCING" DOES
NOT INCLUDE EAR PIERCING.
(C) "BUSINESS" MEANS ANY
ENTITY THAT PROVIDES SERVICES FOR COMPENSATION.
(D) "CUSTODIAN" HAS THE SAME MEANING
AS IN SECTION 2151.011 OF THE REVISED
CODE.
(E) "EAR PIERCING GUN"
MEANS A MECHANICAL DEVICE THAT PIERCES THE EAR BY FORCING A
DISPOSABLE SINGLE-USE STUD OR SOLID NEEDLE THROUGH THE EAR.
(F) "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, GUARDIAN,
OR CUSTODIAN 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 ONE YEAR, 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) A PARENT, GUARDIAN, 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:
(1) APPEAR IN PERSON AT
THE BUSINESS AT THE TIME THE PROCEDURE IS PERFORMED;
(2) 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.
(B) FOR PURPOSES OF THIS SECTION, "BODY PIERCING" INCLUDES EAR
PIERCING.
Sec. 3730.07. (A)(1) EXCEPT AS OTHERWISE PROVIDED IN SECTION
3730.06 OF THE REVISED
CODE, NO INDIVIDUAL WHO IS UNDER EIGHTEEN
YEARS OF AGE SHALL OBTAIN OR ATTEMPT TO OBTAIN A TATTOOING OR BODY PIERCING
SERVICE IN ANY BUSINESS WHERE TATTOOING OR BODY PIERCING SERVICES ARE
PERFORMED UNDER AN APPROVAL ISSUED BY A BOARD OF HEALTH.
(2) NO INDIVIDUAL WHO IS UNDER EIGHTEEN YEARS OF AGE SHALL KNOWINGLY
SHOW OR GIVE FALSE INFORMATION CONCERNING THE INDIVIDUAL'S NAME, AGE, OR OTHER
IDENTIFICATION FOR THE PURPOSE OF OBTAINING A TATTOOING OR BODY PIERCING
SERVICE IN ANY BUSINESS WHERE TATTOOING OR BODY PIERCING SERVICES ARE
PERFORMED
UNDER AN APPROVAL ISSUED BY A BOARD OF HEALTH.
(B)(1) NO INDIVIDUAL SHALL KNOWINGLY
FURNISH ANY FALSE INFORMATION AS TO THE NAME, AGE, OR OTHER IDENTIFICATION OF
ANY INDIVIDUAL WHO IS UNDER EIGHTEEN YEARS OF AGE FOR THE PURPOSE OF OBTAINING
TATTOOING OR BODY PIERCING SERVICES FOR THE INDIVIDUAL WHO IS UNDER EIGHTEEN
YEARS OF AGE.
(2) NO INDIVIDUAL SHALL IMPERSONATE THE PARENT, GUARDIAN, OR CUSTODIAN
OF AN INDIVIDUAL WHO IS UNDER EIGHTEEN YEARS OF AGE FOR THE PURPOSE OF
OBTAINING TATTOOING OR BODY PIERCING SERVICES FOR THE INDIVIDUAL WHO IS UNDER
EIGHTEEN YEARS OF AGE.
Sec. 3730.08. (A) NO OPERATOR OR EMPLOYEE OF A BUSINESS THAT
PERFORMS TATTOOING OR BODY PIERCING SERVICES MAY BE FOUND GUILTY OF A
VIOLATION
OF DIVISION (C) OF SECTION 3730.02 OF THE
REVISED CODE
OR ANY RULE ADOPTED BY THE PUBLIC HEALTH COUNCIL UNDER SECTION 3730.10 OF THE
REVISED CODE
IN WHICH AGE IS AN ELEMENT OF THE VIOLATION, IF THE BOARD OF HEALTH OR ANY
COURT
OF RECORD FINDS ALL OF THE FOLLOWING:
(1) THAT THE INDIVIDUAL OBTAINING A TATTOOING OR BODY PIERCING SERVICE,
AT THE TIME OF SO DOING, EXHIBITED TO THE OPERATOR OR EMPLOYEE OF THE
TATTOOING
OR BODY PIERCING BUSINESS A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN
IDENTIFICATION CARD ISSUED UNDER SECTIONS 4507.50 TO 4507.52 OF THE
REVISED CODE
SHOWING THAT THE INDIVIDUAL WAS THEN AT LEAST EIGHTEEN YEARS OF AGE;
(2) THAT THE OPERATOR OR EMPLOYEE MADE A BONA FIDE EFFORT TO ASCERTAIN
THE TRUE AGE OF THE INDIVIDUAL OBTAINING A TATTOOING OR BODY PIERCING SERVICE
BY CHECKING THE IDENTIFICATION PRESENTED, AT THE TIME OF THE SERVICE, TO
ASCERTAIN THAT THE DESCRIPTION ON THE IDENTIFICATION COMPARED WITH THE
APPEARANCE OF THE INDIVIDUAL AND THAT THE IDENTIFICATION HAD NOT BEEN ALTERED
IN ANY WAY;
(3) THAT THE OPERATOR OR EMPLOYEE HAD REASON TO BELIEVE THAT THE
INDIVIDUAL OBTAINING A TATTOOING OR BODY PIERCING SERVICE WAS AT LEAST EIGHTEEN
YEARS OF AGE.
(B) IN ANY HEARING BEFORE THE BOARD OF
HEALTH AND IN ANY ACTION OR PROCEEDING BEFORE A COURT OF RECORD IN WHICH A
DEFENSE IS RAISED UNDER THIS SECTION, THE REGISTRAR OF MOTOR VEHICLES OR THE
REGISTRAR'S DEPUTY WHO ISSUED AN IDENTIFICATION CARD UNDER SECTIONS 4507.50 TO
4507.52 OF THE REVISED
CODE SHALL BE PERMITTED TO SUBMIT CERTIFIED
COPIES OF THE RECORDS, IN THE REGISTRAR'S OR DEPUTY'S POSSESSION, OF SUCH
ISSUANCE IN LIEU OF THE TESTIMONY OF THE PERSONNEL OF THE BUREAU OF MOTOR
VEHICLES AT SUCH HEARING, ACTION, OR PROCEEDING.
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
INCLUDE ALL OF THE FOLLOWING:
(A) THE SAFETY AND SANITATION PROCEDURES TO BE FOLLOWED TO
PREVENT THE TRANSMISSION OF INFECTIOUS DISEASES DURING THE
PERFORMANCE OF TATTOOING AND BODY PIERCING PROCEDURES;
(B) THE
METHODS TO BE FOLLOWED FOR APPROPRIATE DISINFECTION AND
STERILIZATION OF ALL INVASIVE EQUIPMENT OR PARTS OF EQUIPMENT
USED IN TATTOOING AND BODY PIERCING PROCEDURES, INCLUDING EAR PIERCING
PROCEDURES;
(C) PROCEDURES FOR SUSPENDING AND REVOKING APPROVALS
UNDER SECTION 3730.05 OF THE REVISED CODE;
(D) A REQUIREMENT THAT INDIVIDUALS WHO PERFORM TATTOOING SERVICES
MAINTAIN WRITTEN RECORDS THAT INCLUDE THE COLOR, MANUFACTURER, AND LOT NUMBER
OF EACH PIGMENT USED FOR EACH TATTOO PERFORMED ON ALL INDIVIDUALS WHO RECEIVE
A TATTOO.
THE RULES ADOPTED UNDER DIVISION (A) OF
THIS SECTION SHALL ESTABLISH UNIVERSAL BLOOD AND BODY FLUID PRECAUTIONS TO BE
USED BY ANY INDIVIDUAL WHO PERFORMS TATTOOING OR BODY PIERCING PROCEDURES.
THE
PRECAUTIONS SHALL INCLUDE ALL OF THE FOLLOWING:
(1) THE APPROPRIATE USE OF HAND WASHING;
(2) THE HANDLING AND DISPOSAL OF ALL NEEDLES AND OTHER SHARP INSTRUMENTS
USED IN TATTOOING OR BODY PIERCING PROCEDURES;
(3) THE WEARING AND DISPOSAL OF GLOVES AND OTHER PROTECTIVE GARMENTS AND
DEVICES.
EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, THE RULES ADOPTED UNDER
DIVISION (B) OF THIS SECTION SHALL REQUIRE THAT HEAT STERILIZING
DEVICES BE TESTED WEEKLY FOR PROPER FUNCTION, USING A BIOLOGICAL MONITORING
SYSTEM THAT INDICATES MICROORGANISM KILL. THE OPERATOR OF A BUSINESS THAT
PERFORMS TATTOOING OR BODY
PIERCING PROCEDURES SHALL MAINTAIN DOCUMENTATION THAT THESE TESTS HAVE BEEN
PERFORMED. THE DOCUMENTATION SHALL CONSIST OF A LOG INDICATING THE DATE ON
WHICH EACH TEST WAS PERFORMED AND THE NAME OF THE PERSON PERFORMING THE TEST
OR A COPY OF THE REPORT OF ANY TEST CONDUCTED BY AN INDEPENDENT TESTING
ENTITY.
THE OPERATOR SHALL MAINTAIN THE DOCUMENTATION FOR A PERIOD OF AT LEAST TWO
YEARS. IF A POSITIVE BIOLOGICAL SPORE TEST IS OBTAINED, THE OPERATOR SHALL
TAKE IMMEDIATE REMEDIAL ACTION TO ENSURE THAT HEAT STERILIZATION IS BEING
ACCOMPLISHED. THE FOREGOING PROVISIONS OF THIS PARAGRAPH DO
NOT APPLY TO INDIVIDUALS WHO PERFORM EAR PIERCING WITH AN EAR
PIERCING GUN. THE RULES ADOPTED UNDER DIVISION
(B) OF THIS SECTION SHALL
REQUIRE ANY INDIVIDUAL WHO PERFORMS EAR PIERCING WITH AN EAR
PIERCING GUN TO DISINFECT AND STERILIZE THE EAR PIERCING GUN
USING APPROPRIATE CHEMICAL SOLUTIONS THAT ENSURE THAT
DISINFECTION AND STERILIZATION ARE BEING ACCOMPLISHED.
THE RULES MAY INCLUDE
STANDARDS TO BE FOLLOWED TO ENSURE THAT INDIVIDUALS WHO PERFORM
TATTOOING AND BODY PIERCING PROCEDURES ARE ADEQUATELY TRAINED.
Sec. 3730.11. NOTHING IN THIS CHAPTER SHALL BE
INTERPRETED AS PROHIBITING MUNICIPAL CORPORATIONS, OR TOWNSHIPS
THAT HAVE ADOPTED THE LIMITED SELF-GOVERNMENT FORM OF TOWNSHIP
GOVERNMENT UNDER CHAPTER 504.
OF THE REVISED CODE, FROM ADOPTING ORDINANCES
OR RESOLUTIONS THAT PROHIBIT THE ESTABLISHMENT OF BUSINESSES
THAT OFFER TATTOOING OR BODY PIERCING SERVICES.
Sec. 3730.99. (A) WHOEVER VIOLATES SECTION 3730.02 OF THE
REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FOURTH
DEGREE.
(B) WHOEVER VIOLATES DIVISION (B)
OF SECTION 3730.07 OF THE REVISED
CODE IS GUILTY OF A MISDEMEANOR OF THE FIRST
DEGREE.
(C)(1) WHOEVER VIOLATES DIVISION
(A)(1) OF SECTION 3730.07 OF THE
REVISED CODE
IS A DELINQUENT CHILD AND IS SUBJECT TO AN ORDER OF DISPOSITION UNDER
DIVISION (A)(8)(a) OF SECTION 2151.355 of the Revised Code, WHICH
ORDER OF DISPOSITION SHALL REQUIRE THE CHILD TO PAY A FINE AS DESCRIBED IN
DIVISION (B) OF SECTION 2151.3512 of the Revised Code.
(2) WHOEVER VIOLATES DIVISION (A)(2) OF SECTION 3730.07 of the Revised Code IS A
DELINQUENT CHILD AND IS SUBJECT TO AN ORDER OF DISPOSITION UNDER DIVISION
(A)(8)(a) OF SECTION 2151.355 of the Revised Code, WHICH ORDER OF
DISPOSITION SHALL REQUIRE THE CHILD TO PAY A FINE AS DESCRIBED IN DIVISION
(E) OF SECTION 2151.3512 of the Revised Code.
Section 2. That existing sections 2151.02 and 3709.09 of the Revised Code are
hereby repealed.
Section 3. Sections 1 and 2 of this act, except for section 3730.10 of
the Revised Code as enacted by this act, shall take effect ninety days after
the
effective date of this act. Section 3730.10 of the Revised
Code as enacted by this act shall take effect at the earliest
time permitted by law.
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