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(122nd General Assembly)(Substitute House Bill Number 25)
AN ACT
To amend sections 2151.02 and 3709.09 and to enact sections 3730.01 to
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, 3730.09,
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)(1) or (2) 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) "Body piercing"
includes ear piercing except when the ear piercing procedure is performed with
an ear piercing gun. (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 by this chapter and the rules
adopted under section 3730.10 Of the Revised Code; (C) Perform a
tattooing procedure, body piercing procedure, or ear piercing procedure with
an ear piercing gun in a manner that does not meet the standards for
appropriate disinfection and sterilization of invasive equipment or parts of
equipment used in performing the procedures established by this chapter and
the rules adopted under section 3730.10 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 requirements established
by this chapter and the rules adopted under section 3730.10 of the
Revised Code for safe performance of the tattooing or body
piercing procedures, training of the individuals who perform the procedures,
and maintenance of records. 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 to offer tattooing or body piercing services. The board 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) No person shall perform a tattooing procedure,
body piercing procedure, or
ear piercing procedure with an ear piercing gun on an individual who is under
eighteen years of age unless consent has been given by the individual's
parent, guardian, or custodian in accordance with division (B) of
this section. (B) A parent, guardian, or custodian of an
individual
under age eighteen who desires to give consent to a business to
perform on the individual under age eighteen a tattooing procedure, body
piercing procedure, or ear piercing procedure performed with an ear piercing
gun 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. Sec. 3730.07. (A)(1) Unless consent has been given in accordance
with section 3730.06 of the Revised
Code, no individual who is under age eighteen
shall obtain or attempt to obtain a tattooing service, body piercing
service, or ear piercing service performed with an ear piercing gun. (2) No individual who is under age eighteen shall knowingly
show or give false information concerning the individual's name, age, or other
identification for the purpose of obtaining a tattooing service, body piercing
service, or ear piercing service performed with an ear piercing gun. (B)(1) No individual shall knowingly
show or give any false information as to the name, age, or other
identification of an individual who is under age eighteen for the purpose of
obtaining for the individual under age eighteen a tattooing service, body
piercing service, or ear piercing service performed with an ear piercing gun. (2) No individual shall impersonate the parent, guardian, or custodian
of an individual who is under age eighteen for the purpose of
obtaining for the individual under age eighteen a tattooing service, body
piercing service, or ear piercing service performed with an ear piercing
gun. Sec. 3730.08. (A) An operator or employee of a business that
performs tattooing services, body piercing services, or ear piercing services
performed with an ear piercing gun may not be found guilty of a
violation of division (A) of section 3730.06 of the
Revised Code or any rule adopted under section 3730.10 of
the Revised Code
in which age is an element of the provisions of the rule, if the board of
health or any court of record finds all of the following: (1) That the individual obtaining a tattooing service, body piercing
service, or ear piercing service performed with an ear piercing gun, at the
time of so doing, exhibited to the operator or employee of the
tattooing,
body piercing, or ear 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 age eighteen; (2) That the operator or employee made a bona fide effort to ascertain
the true age of the individual obtaining a tattooing, body piercing, or ear
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, body piercing, or ear piercing service was
at least age eighteen. (B) In any hearing before a 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 a driver's or commercial driver's license or 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. 3730.09. (A) Each operator of a
business that offers tattooing or body piercing services shall do all of the
following: (1) Maintain procedures for ensuring that the individuals who perform
tattooing or body piercing procedures are adequately trained to perform the
procedures properly; (2) With respect to tattooing services, maintain written records that
include the color, manufacturer, and lot number of each pigment used for each
tattoo performed; (3) Comply with the safety and sanitation requirements for preventing
transmission of infectious diseases, as established in rules adopted under
section 3730.10 Of the Revised Code; (4) Require the individuals who perform tattooing and body piercing
procedures to disinfect and sterilize all invasive equipment or parts of
equipment used in performing the procedures by using methods that meet the
disinfection and sterilization requirements established in rules adopted under
section 3730.10 Of the Revised Code; (5) Ensure that weekly tests of the business's heat sterilization devices
are performed to determine
whether the devices are functioning properly. In having the devices tested,
the operator of the business shall use a biological monitoring system that
indicates whether the devices are killing microorganisms. If a test indicates
that a device is not functioning properly,
the operator shall take immediate remedial action
to ensure that heat sterilization is being accomplished. The operator shall
maintain documentation that the weekly tests are being performed. To comply
with the documentation requirement, the documents must consist of a log that
indicates the date on which each test is performed and the name of the person
who performed the test or, if a test was conducted by an independent testing
entity, a copy of the entity's testing report. The operator shall maintain
records of each test performed for at least two years. (B) Each operator of a business that
offers ear piercing services performed with an ear piercing gun shall require
the individuals who perform the ear piercing services to disinfect and
sterilize the ear piercing gun by using chemical solutions that meet the
disinfection and sterilization requirements established in rules adopted under
section 3730.10 of the Revised
Code. Sec. 3730.10. (A) 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: (1) Safety and sanitation standards and procedures to be followed
to prevent the transmission of infectious diseases during the
performance of tattooing and body piercing procedures; (2) Standards and procedures
to be followed for appropriate disinfection and
sterilization of all invasive equipment or parts of equipment
used in tattooing procedures, body piercing procedures, and ear piercing
procedures performed with an ear piercing gun; (3) Procedures for suspending and revoking approvals
under section 3730.05 of the Revised Code. (B) The rules adopted under division (A)(1) 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. (C) The rules adopted under division (A) of this
section may include standards and procedures to be followed by a business that
offers tattooing or body piercing services to ensure that the individuals who
perform tattooing or body piercing procedures for the business are adequately
trained to perform the procedures properly. 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 division (A),
(B), or (C) of section 3730.02 or division (A) of
section 3730.06 of the Revised Code is guilty of a
misdemeanor of the fourth degree. (B) Whoever violates division (B)(1) or (2)
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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