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H. B. No. 656 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Beck, Milkovich
Cosponsor:
Representative Stebelton
A BILL
To amend sections 3709.09, 3730.01 to 3730.09,
3730.11, and 3730.99; to amend, for the purpose of
adopting new section numbers as indicated in
parentheses, sections 3730.01 (4785.01), 3730.02
(4785.02), 3730.03 (4785.05), 3730.04 (4785.06),
3730.05 (4785.07), 3730.06 (4785.08), 3730.07
(4785.09), 3730.08 (4785.10), 3730.09 (4785.11),
3730.11 (4785.18), and 3730.99 (4785.99); to enact
sections 4785.03, 4785.04, 4785.051, 4785.12, and
4785.14 to 4785.17; and to repeal section 3730.10
of the Revised Code to create the State Board of
Body Modification, to require licensure of tattoo
and body piercing artists, and to make other
changes to the tattooing and piercing laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3709.09, 3730.01, 3730.02, 3730.03,
3730.04, 3730.05, 3730.06, 3730.07, 3730.08, 3730.09, 3730.11, and
3730.99 be amended; sections 3730.01 (4785.01), 3730.02 (4785.02),
3730.03 (4785.05), 3730.04 (4785.06), 3730.05 (4785.07), 3730.06
(4785.08), 3730.07 (4785.09), 3730.08 (4785.10), 3730.09
(4785.11), 3730.11 (4785.18), and 3730.99 (4785.99) be amended for
the purpose of adopting new section numbers as indicated in
parentheses; and sections 4785.03, 4785.04, 4785.051, 4785.12,
4785.14, 4785.15, 4785.16, and 4785.17 of the Revised Code be
enacted to read as follows:
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.
The fee for issuance of a certified copy of a vital record or
a certification of birth shall not be less than the fee prescribed
for the same service under division (A)(1) of section 3705.24 of
the Revised Code and shall include the fees required by division
(B) of section 3705.24 and section 3109.14 of the Revised Code.
Fees for services provided by the board for purposes
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,
3730.03, 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) The director of health shall adopt rules under section
111.15 of the Revised Code that establish fee categories and a
uniform methodology for use in calculating the costs of services
provided for purposes specified in sections 3701.344, 3711.10,
3718.06, 3729.07, 3730.03, and 3749.04 of the Revised Code. In
adopting the rules, the director shall consider recommendations it
receives from advisory boards established either by statute or the
director for entities subject to the fees.
(C) Except when a board of health establishes a fee by
adopting a rule as an emergency measure, the board of health shall
hold a public hearing regarding each proposed fee for a service
provided by the board for a purpose specified in section 3701.344,
3711.10, 3718.06, 3729.07, 3730.03, or 3749.04 of the Revised
Code. If a public hearing is held, at least twenty days prior to
the public hearing the board shall give written notice of the
hearing to each entity affected by the proposed fee. The notice
shall be mailed to the last known address of each entity and shall
specify the date, time, and place of the hearing and the amount of
the proposed fee.
(D) If payment of a fee established under this section is not
received by the day on which payment is due, the board of health
shall assess a penalty. The amount of the penalty shall be equal
to twenty-five per cent of the applicable fee.
(E) All rules adopted by a board of health under this section
shall be adopted, recorded, and certified as are ordinances of
municipal corporations and the record thereof shall be given in
all courts the same effect as is given such ordinances, but the
advertisements of such rules shall be by publication in one
newspaper of general circulation within the health district.
Publication shall be made once a week for two consecutive weeks or
as provided in section 7.16 of the Revised Code, and such rules
shall take effect and be in force ten days from the date of the
first publication.
Sec. 3730.01 4785.01. As used in this chapter:
(A) "Aftercare" means verbal and written guidelines, specific
to a body modification procedure performed, about caring for the
body modification and the surrounding area, including information
about physical restrictions, wound care, signs and symptoms of
infection, and when to seek medical treatment, if necessary.
"Antiseptic solution" means an agent that arrests or prevents
the growth of microorganisms.
"Approval" means written approval from the local board of
health pursuant to section 4785.05 of the Revised Code indicating
that the body modification establishment has been inspected and
meets all requirements established by this chapter, the rules
adopted under it, and the local board of health.
"Aseptic technique" means a set of specific practices and
procedures performed under controlled conditions with the goal of
minimizing contamination by pathogens.
"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 modification" means an aesthetic, nonmedical body
alteration, including tattooing, permanent cosmetics, or body
piercing. "Body modification" does not include any practice that
would require a license under Chapter 4709., 4713., 4715., 4717.,
4723., 4730., or 4731. of the Revised Code.
"Body modification practitioner" means an individual,
including an operator, who performs one or more of the following
procedures:
"Body modification establishment" means any place, whether
temporary or permanent, stationary or mobile, where body
modification is performed.
"Body piercing" means the puncturing of any part of the body
by a person who utilizes a needle or other industry specific
instrument for the purpose of inserting an object into the body
for nonmedical purposes.
"Body piercing" includes ear piercing, except when the ear
piercing procedure is performed with an ear piercing gun, and
includes surface anchors and surface piercing. "Body piercing"
does not include any practice that would require a license under
Chapter 4715., 4717., 4723., 4730., or 4731. of the Revised Code.
(C) "Business" means any entity that provides body
modification services for compensation.
(D) "CPR" has the same meaning as in section 2133.21 of the
Revised Code.
"Custodian" has the same meaning as in section 2151.011 of
the Revised Code.
(E) "Disinfectant" means a product, registered by the United
States environmental protection agency, that kills or destroys
nearly all disease-producing microorganisms, with the exception of
bacterial spores.
"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) "Glove" mean a medical-grade, disposable, single-use
covering for a hand worn for protection against disease
transmission.
"Guardian" has the same meaning as in section 2111.01 of the
Revised Code.
"Hand washing" means the process of physically removing or
reducing most microorganisms from the hands by thoroughly washing
all surfaces of the hands and under fingernails with soap and warm
running water for twenty seconds, rinsing hands well under running
water, and drying hands thoroughly with a clean single-use towel
or mechanical hand dryer.
"Infectious waste" means waste as defined in section 3734.01
of the Revised Code.
"Local board of health" means the board of health in which
the business is located.
"Operator" means any person, firm, company, corporation, or
association that owns, controls, operates, conducts, or manages a
body modification establishment. The operator may or may not be a
body modification practitioner.
"Patron" means a person requesting and receiving body
modification services or ear piercing services performed with an
ear piercing gun.
"Permanent cosmetics" means a tattoo, performed by someone
other than a physician licensed under Chapter 4731. of the Revised
Code, placed on the eyebrows, eyelids, lips, and other parts of
the body for beauty marks, hair imitation, lash enhancement, or
areola repigmentation. This term includes any procedure referred
to as "permanent makeup," "microdermapigmentation," "micropigment
implantation," or "dermagraphics." For the purposes of this
chapter, "permanent cosmetics" has the same meaning as "tattoo."
"Permanent cosmetics" does not include any practice that is
considered a medical procedure by the state medical board.
"Premises" means the physical location of a body modification
establishment.
"Single use" means products or items that are intended for
one-time, one-person use and are disposed of after use on any
patron.
"Sterilization" means a process by which all forms of
microbial life, including bacteria, viruses, spores, and fungi,
are destroyed.
"Standard precautions" means a set of minimum infection
prevention guidelines and controls, published by the United States
centers for disease control and prevention that include the
following:
Use of protective equipment;
Safe handling of potentially contaminated equipment or
surfaces;
Respiratory hygiene and cough etiquette.
"Surface anchor" means jewelry that is placed into the upper
portion of the dermis that has one point of entry, which also
serves as the exit that exposes the jewelry stem to air.
"Surface piercing" means any piercing on the surface of the
body, under the epidermis but not to subcutaneous tissue, for
which the piercing canal is under the surface of the skin with
exit and entry points perpendicular to the tissue.
"Tattoo" means any method utilizing needles or other industry
specific instruments by someone other than a physician licensed
under Chapter 4731. of the Revised Code to permanently place
designs, letters, scrolls, figures, symbols, or any other marks
upon or under the skin of a person with ink, dye, pigment, or any
other substance resulting in an alteration of the appearance of
the skin. "Tattoo" does not include any practice that would
require a license under Chapter 4715., 4717., 4723., 4730., or
4731. of the Revised Code.
Sec. 3730.02 4785.02. No person shall do any of the
following:
(A) Perform or engage in a body modification procedure unless
the person holds a current, valid license issued by the state
board of body modification under this chapter to engage in that
activity;
(B) Perform or engage in a body modification procedure unless
the person engages in that procedure in a place of business
approved by a local board of health pursuant to this chapter;
(C) Operate a business that offers tattooing or body piercing
modification services unless a local board of health has approved
the business under section 3730.03 4785.05 of the Revised Code;
(B)(D) Perform a tattooing or body piercing modification
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 pursuant to it;
(C)(E) Perform a
tattooing procedure, body piercing
modification 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 pursuant to it;
(F) Perform an ear piercing with an ear piercing gun in a
manner that does not meet the requirements prescribed in section
4785.17 of the Revised Code;
(G) Construct, install, provide, equip, or extensively alter
a body modification establishment until all plans and
specifications, as described in accordance with section 4785.05 of
the Revised Code, for the facility layout, equipment, and
operation have been submitted to and accepted, in writing, by the
local board of health;
(H) While acting as an operator of an approved business
performing body modification services, permit services to be
performed by an employee of the business outside the business
premises, unless those services are performed for an approved
time-limited operation, as described in section 4785.051 of the
Revised Code.
Sec. 4785.03. (A) There is hereby created the state board of
body modification, consisting of nine members. The director of
health shall appoint six members of the board. The governor shall
appoint three members of the board. Requirements for membership
and terms of office shall be determined by the director, except
that three members of the board shall be body modification
practitioners, licensed under this chapter. Initial terms of the
board members shall be staggered as determined by the director of
health. Members shall not receive compensation. Three-fifths of
the board shall constitute a quorum for the transaction of
business.
(B) The board shall hold a meeting to transact its business
at least twice a year. The board may hold additional meetings at
the discretion of the director of health. The board shall meet at
times and places determined by the director of health.
(C) The board shall issue licenses to individuals who wish to
engage in body modification procedures who satisfy the licensing
requirements adopted pursuant to section 4785.04 of the Revised
Code.
(D) The board shall regulate and inspect operators providing
ear piercing services with an ear piercing gun.
Sec. 4785.04. The state board of body modification shall
adopt rules in accordance with Chapter 119. of the Revised Code to
do all of the following:
(A)(1) Establish licensing and renewal standards and
requirements;
(2) These rules shall address, at minimum, all of the
following:
(a) Appropriate training in body modification services in all
of the following:
(iii) Prevention of transmission of blood-borne and other
infectious diseases;
(b) Entities that are recognized to provide such training and
instruction;
(c) Experience in addition to or in lieu of training;
(d) Providing evidence of training and experience.
(B) Establish any safety, sanitation, disinfection, and
sterilization standards and procedures that, in addition to other
requirements of this chapter, are necessary for the safe
performance of body modification procedures;
(C) Establish any other procedures necessary for the
implementation and enforcement of this chapter;
(D) Collect safety, sanitation, disinfection, and
sterilization information about body modification establishments
from local boards of health;
(E) Create a report based on the information collected
pursuant to division (D) of this section regarding compliance with
standards and procedures required by this chapter or any rules
adopted pursuant to it. The report shall be submitted annually to
the majority and minority leaders of the senate and the house of
representatives by the thirtieth of November each year;
(F) Adopt rules requiring body modification inspectors to
undergo continuing education. The requirements shall include, at
minimum, continuing education related to blood-borne pathogens;
(G) Any other rules necessary for the implementation of this
chapter.
Sec. 3730.03 4785.05. (A) To receive approval to operate a
business offering body modification services or acceptance of
plans to construct, install, provide, equip, or extensively alter
a body modification establishment, a business must demonstrate to
the local board of health the ability to meet the requirements
established by this chapter, the rules adopted under this chapter,
and the local board of health for all of the following:
(1) The safe performance of body modification procedures;
(2) Training of individuals who perform the procedures;
(3) Maintenance of records;
(4) Compliance with body modification establishment
standards.
(B) A person seeking approval to operate a business that
offers tattooing or body piercing modification services shall
apply at the time the person submits the plans and specifications
pursuant to division (C) of this section, to the local 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
applicable fees and
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.
The application form shall require all of the following:
(1) The name, address, telephone number, business address,
business telephone number, and occupation of the operator. If the
operator is an association, corporation, or partnership, the
address and telephone number of the entity and the name of every
person who has an ownership interest of five per cent or more in
the association, corporation, or partnership.
(2) The name of each person or entity that has an ownership
interest of five per cent or more in the business;
(3) A statement of attestation that the operator intends to
comply with all requirements of this chapter and the rules of the
board of health and the state board of body modification, if
applicable;
(4) A list of each body modification practitioner who has
received adequate training, as specified by the board of body
modification in rule, and will be performing body modification
services in the body modification establishment.
(C) A person seeking acceptance of plans to construct,
install, provide, equip, or extensively alter a body modification
establishment shall submit plans and specifications for approval
to the local board of health. The plans and specifications shall
include all of the following:
(1) The total area to be used for the business;
(3) The number, location, and types of plumbing fixtures,
including all water supply facilities;
(5) A floor plan, showing the general layout of the fixtures
and equipment;
(6) A list of all sterilization or other equipment to be
used, including the manufacturer and model numbers, as specified
by the board in rules;
(7) Written verification from the zoning authority and
building department with jurisdiction that the building has been
zoned and approved for the business use;
(8) A written infection prevention and control plan that
includes the following:
(a) The process for decontaminating and disinfecting
environmental surfaces;
(b) The process for decontaminating, packaging, sterilizing,
and storing reusable equipment and instruments;
(c) The process for protecting clean instruments and sterile
instruments from contamination during storage;
(d) The process for ensuring that standard precautions and
aseptic techniques are utilized during all body modification
procedures;
(e) Guidelines for the safe handling and disposal of needles;
(f) Guidelines for aftercare guidelines;
(g) Guidelines for obtaining the consent of the guardian of a
minor to perform a body modification procedure on that minor.
(D)(1) The approval and annual renewal fees for tattoo and
body piercing businesses shall be one hundred fifty dollars for a
permanent body modification business or the amount established in
section 4785.051 of the Revised Code for a body modification
business established on a time-limited basis.
(2) 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 (3) Each fee shall be specified in
accordance with the following categories:
(b) Body piercing services;
(c) Combined body modification services;
(d) Time-limited approval for a specific event.
(4) No approval and inspection fees in addition to those fees
described in division (D)(1) of this section shall be charged on,
or with respect to, the operation and ownership of a body
modification establishment within this state, except that the
local board of health may charge additional reasonable fees for
the collection and bacteriological examination of any necessary
water samples taken from an establishment.
(E) A local board of health that determines, following an
inspection conducted under section 3730.04 4785.06 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 4785.07 of the
Revised Code. A business's approval may be renewed. Approval is
not transferable.
(1) Initial approvals granted on or after October first shall
be effective from the date of issuance until December thirty-first
of the following year, unless suspended or revoked pursuant to
section 4785.07 of the Revised Code.
(2) Every person who intends to renew an approval to operate
or maintain a body modification establishment shall apply to the
local board of health on or after November first of each year.
Applications received or postmarked after December thirty-first
shall be assessed a penalty. The amount of the penalty shall be
equal to twenty-five per cent of the applicable fee. Applications
received between November first and December thirty-first that are
subsequently approved shall be valid until the thirty-first day of
December next. Applications received after December thirty-first
and subsequently approved shall be valid until the thirty-first
day of December of the calendar year.
(3) An operator shall apply for a new approval in the case of
change in address or ownership. The operator shall be subject to
all fees.
(F) An operator shall post the current approval in a
conspicuous manner on the business premises.
Sec. 4785.051. (A)(1) In conjunction with a specific event, a
body modification business operator may seek a time-limited
license from the board of health overseeing the jurisdiction in
which the event will occur, enabling the operator to practice body
modification at the event in question.
(2) Time-limited body modification establishments may be
permitted at such events as fairs and other time-limited
gatherings of people, if the board of health determines that the
operator can substantially meet provisions contained in this
chapter.
(3) The applicable board of health may accept the business's
current approval as evidence of the ability to substantially meet
the provisions contained in this chapter.
(4) While accepting the approval of another board of health,
the board of health in the jurisdiction in which a body
modification business seeks time-limited approval shall conduct an
inspection of the site in which the operator intends to conduct
the time-limited business to ensure that local standards will be
met.
(B) Businesses that do not have current approval from a board
of health shall apply for time-limited approval from the board of
health in the jurisdiction in which the specific, time-limited
event shall take place. The applicant shall submit all applicable
fees and information the board of health determines necessary to
process the application. The requested information shall assure
the board of health that the business is capable of meeting the
provisions of this chapter, the rules adopted pursuant to it, and
local standards. The board of health in the jurisdiction in which
a body modification business seeks time-limited approval shall
conduct an inspection of the site in which the operator intends to
conduct the time-limited business to ensure that local standards
will be met.
(C) Any operator seeking a time-limited license under this
section shall obtain a transient-vendor license from the
department of taxation, as required under section 5739.17 of the
Revised Code, prior to seeking a time-limited license under this
section.
(D)(1) Except as provided in division (D)(2) of this section,
only individuals who are licensed as body modification
practitioners according to this chapter shall be allowed to
provide body modification services under a time-limited license.
(2) The body modification board shall adopt rules for
reviewing and accepting the credentials of an individual who is
licensed or otherwise certified to provide body modification
services in another state.
(E)(1) The board of health in the jurisdiction in which the
operator is seeking a time-limited license shall charge a fee of
two hundred dollars, enabling not more than five body modification
practitioners to provide body modification services at the event
in question.
(2) Additional practitioners may provide body modification
services under the time-limited license for an additional fee of
fifteen dollars per practitioner.
(F) Time-limited licenses shall not be issued for operators
seeking to provide body modification services in an open-air
setting.
Sec. 3730.04 4785.06. A The local board of health shall
conduct at least one inspection of a body modification business
prior to approving the business under section 3730.03 4785.05 of
the Revised Code to offer
tattooing or body piercing modification
services and shall conduct an inspection annually thereafter. The
board may conduct additional inspections as necessary for the
approval process. A board of health and may inspect an approved
business at any time the board considers necessary. The board of
health, or an authorized representative of the board, shall have
the authority to enter a body modification business at any
reasonable time to conduct inspections and to inspect procedures
and conditions relating to the enforcement of this chapter and the
rules adopted pursuant to it. 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 4785.07. (A) A local board of health may deny,
suspend, or revoke the approval of a business to offer tattooing
or body piercing modification services at any time the board
determines that the business made any material misrepresentation
to the board, does not meet or no longer meets, or has a history
of noncompliance with the requirements of this chapter, or 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 this section 3730.10 of the Revised Code.
(B) If a local board of health proposes to deny, suspend, or
revoke an approval, the board shall provide the business with
written notice of the proposed action and the cause for the
action. The notice shall describe the procedure for appealing the
proposed denial, suspension, or revocation.
(1) The notice shall be provided either by certified mail,
return receipt requested, or by hand delivery. If the notice is
returned due to failure of delivery, the board of health shall
either send the notice by regular mail to the business location
listed on the application or conspicuously post the notice at the
entrance of the business. The notice is considered received by the
intended recipient on the date it was mailed or posted.
(2) The notice shall state that the business may obtain a
hearing under this section if a written request for a hearing is
mailed or hand-delivered to the board of health's address
specified in the notice, within fifteen days after the affected
business receives or is considered to have received the notice.
(C) Upon receiving the notice in a timely manner, the local
board of health shall schedule a hearing before the board or a
hearing officer designated by the board. If the board provides a
hearing officer, that hearing officer shall be licensed to
practice law in this state and shall not have participated in any
manner in the decision to take the action against the operator.
(1) The board shall mail or hand-deliver notice of the date,
time, and place of the hearing to the operator not less than ten
days before the scheduled date. The board may additionally post
the notice of hearing at the entrance of the business.
(2) The business and the board of health each shall have one
opportunity to reschedule the hearing date upon specific request
to the hearing officer, or if a hearing officer has not been
designated, to the other party. Any other postponements of the
hearing shall be by agreement of the board of health, the
business, and the hearing officer, if one is designated.
(D) At the hearing, the business shall have the opportunity
to present its case orally or in writing and to confront and
cross-examine adverse witnesses. The business may be represented
by its counsel, if desired, and may review the case record before
the hearing. If the local board of health has designated a hearing
officer, a member of that board does not have to be present at the
hearing.
(E) If the hearing is before a hearing officer, the hearing
officer shall prepare a written recommendation as to the validity
of the board of health's action, which shall rest solely on the
evidence presented at the hearing and the statutory and regulatory
provisions governing the action of the board of health. The
hearing officer shall describe the basis for the recommendation,
but need not prepare a full opinion or formal findings of fact and
conclusions of law. The hearing officer shall send by certified
mail, return receipt requested, or hand-deliver the recommendation
to the board of health and the operator. Either party may file
objections to the recommendation provided that the objections are
received by the board of health within five days of receiving a
copy of the recommendation from the hearing officer.
(F) If the board of health receives a timely objection, the
board may by motion take additional evidence or approve, modify,
or disapprove the recommendation and shall enter an order in the
record of its proceedings. If the board of health does not receive
a timely request for hearing, the board may immediately enter an
order as proposed in the notice.
(G) Notwithstanding divisions (A) to (F) of this section, a
board of health may immediately suspend the approval of a business
operating in its jurisdiction for a violation presenting an
immediate danger to the public health. The board shall provide the
business with written notice of the action, the cause of the
action, and the effective date of the action. The written notice
shall specify the procedure for appealing the suspension and shall
list the address to which a hearing request shall be sent or
delivered. The business may appeal the suspension by mailing or
hand-delivering a written request for hearing to the address
specified in the notice. If a hearing is requested, it shall be
heard not later than two business days after the request is
received by the board of health. At the hearing, the business
shall have the opportunity to present its case orally or in
writing and to confront and cross-examine adverse witnesses. The
business may be represented by its counsel, if desired, and may
review the case record before the hearing. At the hearing, the
board of health shall determine whether the immediate danger to
the public health continues to exist.
(H) Any determination made or order entered by a board of
health pursuant to this section shall be made by a majority vote
of the members of the board present at a meeting at which there is
a quorum. If the board conducts the hearing, the board may
immediately render a decision denying, suspending, or revoking
approval, or render a decision removing or continuing an approved
suspension. The determination or order may be considered and made
at a meeting without publication or advertisement, and may become
effective without such publication or advertisement. An order is
not effective until it is recorded in the board of health's record
of its proceedings.
Sec. 3730.06 4785.08. (A) No Subject to division (C) of this
section, no person shall perform a
tattooing procedure, body
piercing modification procedure, or ear piercing procedure with an
ear piercing gun on an individual who is under sixteen years of
age or older and less than eighteen years of age unless consent
has been given by the individual's parent, guardian, or custodian
in accordance with division (B)(D) of this section.
(B) No person shall perform a body modification procedure on
an individual who is under sixteen years of age, unless consent
has been given by the individual's parent, guardian, or custodian
and the procedure is a culturally-associated practice.
(C) No person shall perform a body modification procedure on
the nipple, areola, or genital area of an individual who is under
eighteen years of age, unless consent has been given by the
individual's parent, guardian, or custodian and the procedure is a
culturally-associated practice.
(D) A parent, guardian, or custodian of an individual under
age eighteen described in division (A) of this section who desires
to give consent to a business to perform on the individual under
age eighteen a tattooing procedure, body
piercing modification
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 and for the
duration that the procedure is performed;
(2) Sign a document provided by the business that explains
the manner in which the procedure will be performed, the specific
part of the body upon which the procedure will be performed, and
methods for proper care of the affected body area following
performance of the procedure.
The parent, guardian, or custodian present must show proof of
the legal relationship between the parent, guardian, or custodian
and the individual described in division (A) of this section by
providing a government-issued photo identification card and, if
necessary, proof of legal guardianship.
Sec. 3730.07 4785.09. (A) 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 modification service, or ear
piercing service performed with an ear piercing gun.
(B) 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 modification service, or ear
piercing service performed with an ear piercing gun.
Sec. 3730.08 4785.10. (A) An operator or employee of a
business that performs tattooing services, body piercing
modification services, or ear piercing services performed with an
ear piercing gun may not be found guilty of a violation of
division (A), (B), or (C) of section 3730.06 4785.08 of the
Revised Code or any rule adopted
under section 3730.10 of the
Revised Code pursuant to this chapter in which age is an element
of the provisions of the rule, if the local board of health or any
court of record finds all of the following:
(1) That the individual obtaining a tattooing service, the
body piercing modification 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, modification 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,
the body piercing, modification service or ear piercing service
performed with an ear piercing gun 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, the body piercing,
modification service or ear piercing service performed with an ear
piercing gun 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 4785.11. (A) Each operator of a business that
offers tattooing or body piercing services modification
establishment shall do all of the following:
(1) Maintain procedures for ensuring that the individuals who
perform tattooing or body piercing modification procedures are
licensed pursuant to section 4785.03 of the Revised Code and are
adequately trained to perform the procedures properly;
(2) With respect to tattooing services, maintain Maintain
written records that include the color, manufacturer, and lot
number of each pigment used for each tattoo performed as required
by this chapter and rules adopted pursuant to it, including all
information required for approval under section 4785.05 of the
Revised Code;
(3) Comply with the safety and sanitation requirements for
preventing transmission of infectious diseases, as established in
by this chapter and any rules adopted under section 3730.10 of the
Revised Code pursuant to it;
(4) Ensure that all invasive equipment or parts of equipment
used in performing tattooing and body piercing modification
procedures are disinfected and sterilized by using methods that
meet the disinfection and sterilization requirements established
in by this chapter and any rules adopted under section 3730.10 of
the Revised Code pursuant to it;
(5) Ensure that weekly biweekly 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 biweekly
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. Within one year of the effective date of this
amendment, submit, to the local board of health for approval, a
written infection prevention and control plan as described in
section 4785.05 of the Revised Code. The plan shall be kept up to
date and resubmitted to the board of health as necessary.
(B) Each operator of a body modification establishment shall
ensure the establishment complies with all of the following:
(1) The premises has an area of at least four hundred square
feet and the floor space for each individual performing body
modification services has an area of at least thirty six square
feet. These areas shall be adequately spaced or separated from
each other by fixed partitions. Complete privacy shall be
available upon a patron's request and private sessions after hours
shall be available.
(2) The entire procedure room and all equipment are
maintained in a clean, sanitary condition and in good repair.
(3) A minimum of at least twenty foot candles of artificial
light at a distance of thirty inches above the floor are provided
throughout the establishment and a minimum of forty foot candles
of light are provided at the level where the body modification is
being performed. Spotlighting may be used to achieve this required
degree of illumination.
(4) All floors directly under equipment used for body
modification have an impervious, smooth, and washable surface.
(5) All tables and other equipment are constructed of easily
cleanable material, with a smooth, nonporous finish.
(6) Restroom facilities are available to the body
modification practitioners and patrons and are located within the
establishment. The restroom shall be accessible at all times the
body modification establishment is open for operation. The
restroom shall be equipped with a toilet, toilet paper installed
in a holder, hand washing sink supplied with hot and cold running
water, liquid or granulated soap, and single-use towels or
mechanical hand dryer. Equipment and supplies used for body
modification procedures or disinfection and sterilization
procedures shall not be stored or utilized within the restroom.
(7) A hand washing sink, with hot and cold running water,
liquid or granular soap, and single-use towels or a mechanical
hand dryer is located separate from the restroom and no further
than twenty-five feet from each body modification practitioner
performing a procedure.
(8) No overhead or otherwise exposed sewerage lines exist so
as to create a potential hazard to the sanitary environment of the
business.
(9) Sufficient and appropriate receptacles are provided for
the disposal of used gloves, dressings, and other trash. Each
receptacle shall have a lid and be kept closed at all times while
not in use.
(10) Animals are not permitted in the establishment. This
requirement does not apply to patrol dogs accompanying security or
police officers, guide dogs, or other support animals accompanying
disabled persons.
(11) Unless medically necessary, no person consumes food or
drink, handles contact lenses, applies cosmetics, performs
personal grooming, handles personal vaporizing devices, or
conducts other similar activities in rooms used specifically for
body modification or sterilization procedures.
(12) Smoking or use of any other tobacco product, including
an electronic cigarette or personal vaporizer, is not permitted in
facilities used specifically for tattoo or body piercing purposes.
(13) Smoking is not permitted within ten feet of the entryway
of the facility.
(14) All water supplies, waste water disposal systems, solid
waste disposal, and infectious waste disposal meet requirements of
the Ohio environmental protection agency, the department of
health, or the local board of health, as applicable.
(C) Each operator of a body modification establishment shall
ensure that all persons performing body modification services in
the establishment hold a valid license issued under section
4785.03 of the Revised Code.
(D) The operator of the body modification establishment shall
ensure that each patron shall be provided with verbal and written
aftercare guidelines following any body modification procedure.
Such guidelines shall be available in both English and Spanish.
(E)(1) The operator of the body modification establishment
shall ensure that record of each body modification procedure is
maintained by the body modification establishment for at least two
years. The record shall include all of the following:
(b) The patron's address;
(c) The date of the service;
(d) The colors and manufacturer of all inks, dyes, or
pigments used;
(e) Any jewelry used, including size, material composition,
and manufacturer;
(f) The placement of the procedure.
(2) In the event of the closing of the establishment, the
operator shall, in accordance with federal law, make all records
available to the local board of health.
(F) 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 comply
with section 4785.17 of the Revised Code and any rules adopted
pursuant to this chapter.
Sec. 4785.12. (A) No body modification practitioner shall
perform body modification services if either of the following
applies:
(1) The body modification practitioner is impaired by any
drugs or alcohol;
(2) The body modification practitioner knowingly has, in a
communicable stage, an infectious or contagious disease, parasitic
infestation, exudative lesions, or any form of communicable
weeping dermatitis. If the practitioner has such a condition, the
practitioner shall avoid contact with patrons and equipment until
the condition is healed or is noncommunicable, as relevant. Any
cuts, sores, or abrasions shall be adequately covered with a
bandage.
(B) Prior to performing a body modification procedure, the
body modification practitioner shall inquire of a patron if the
patron has any condition that could affect the healing process.
Body modification procedures shall not be performed on patrons
that indicate the presence of such a condition without
documentation from a licensed physician indicating acceptance of
the patient for appropriate care following the procedure.
(C) A body modification practitioner shall perform body
modification procedures only on a healthy skin surface, as
specified by the body modification board in rules.
(D) A body modification practitioner performing body
modification procedures shall observe standard precautions for
preventing transmission of bloodborne and other infectious
diseases including compliance with all of the following:
(1) Sterile instruments and aseptic techniques shall be used
at all times during a procedure;
(2) Hand washing shall be performed before and after each
procedure and as otherwise required in rules adopted by the board.
(3) Fingernails shall be kept short and clean in accordance
with rules adopted by the board;
(4) Clean, previously unused gloves shall be worn throughout
the entire procedure, including during setup and tear down. If the
gloves are pierced, torn, or otherwise become contaminated or
compromised, hand washing shall be performed and a new pair shall
be put on immediately. If the body modification practitioner
leaves the area during the procedure, gloves shall be removed
before leaving, hand washing shall be performed, and a new pair of
gloves shall be put on when returning. Under no circumstances
shall a single pair of gloves be used on more than one patron.
Nitrile gloves should be available for use on patrons with a latex
allergy.
(5) Only sterilized, single use, disposable needles shall be
used on a patron. All used needles and associated needle bars
shall be properly disposed of immediately after the procedure.
(6) A body modification practitioner performing a tattoo
procedure who utilizes a control barrier must use a new,
disposable control barrier for each patron.
(7) If shaving is necessary, single use disposable razors
shall be used. No straight razors shall be used. Used razors shall
be properly disposed of in an appropriate sharps container.
(8) Only pre-dispensed A&D ointment, triple antibiotic
ointment, or an industry specific ointment shall be used in area
of a tattoo before, during, and after the procedure and shall be
applied by pre-sterilized gauze or tongue depressors. Under no
circumstances are fingers to be used for this purpose.
(9) All marking instruments shall be antiseptic in nature or
sterilize by design.
(10) All products used to address the flow of blood or to
absorb blood shall be single use and disposed of properly. No body
modification practitioner performing a body modification procedure
shall use styptic pencils, alum blocks, or other solid styptics to
address the flow of blood.
(11) After any body modification service and prior to the
next, all procedure areas shall be cleaned according to procedures
and with chemicals approved by the board in rule.
(12) All soaps, inks, dyes, pigments, ointments, and other
products shall be dispensed and applied using an aseptic technique
and in a manner to prevent contamination of the original container
and its contents. Applicators shall be antiseptic in nature or
sterile by design.
(13) Any equipment intended for use that is not single use
shall be disinfected and sterilized between patrons. Equipment
that cannot be sterilized shall be disinfected between each use.
(14) Appropriate hand washing techniques shall be followed
and gloves shall be worn during cleaning, disinfecting, and
sterilization procedures.
(15) Waste items, including needles, razors, and other
supplies capable of causing lacerations or puncture wounds,
generated through the provision of any body modification
procedure, shall be disposed of in accordance with rules adopted
by the board.
(16) Piercings shall be conducted using a lubricating,
water-based jelly.
(E) If a complaint of infection is directly related to the
body modification procedure in question, the body modification
practitioner who performed the procedure shall cooperate with any
investigations or requirements of the local board of health.
Sec. 4785.14. Each operator of a body modification
establishment shall ensure that the business and all body
modification practitioners performing in the establishment comply
with all the following:
(A) All nondisposable instruments or equipment used for body
modification procedures shall be thoroughly cleaned and sterilized
or disinfected after each use on any patron in the following
manner:
(1) Soaked in an enzymatic precleaner to remove all gross
debris;
(3) Rinsed and patted dry;
(4) Disassembled or placed in the open position, if hinged;
(5) Visually inspected to verify that they are clean and to
identify any damage including bends, cracks, or pits that would
impair the sterilization process;
(6) Thoroughly cleaned in tepid water and an appropriate
detergent capable of breaking down blood, ink, dyes, pigments, and
other contaminants;
(7) Fully submerged in a disinfectant to ensure contact with
all surfaces for the amount of time specified in the
manufacturer's instructions;
(8) Rinsed and patted dry;
(9) Placed in a heated ultrasonic cleaning unit filled with
an appropriate solution;
(10) Rinsed and air dried;
(11) Individually packed in sterilization pouches or sealable
nylon sterilization tubing. Each pouch or its indicator shall be
labeled with autoclave indicating tape. The label shall note the
date and time of processing as well as the initials of the
operator.
(B) All nondisposable instruments or equipment used for body
modification procedures shall be steam sterilized before each use
on any patron to a pressure of at least fifteen pounds per square
inch. Once this pressure has been reached, the equipment shall be
sterilized for thirty minutes.
(C) All ultrasonic cleaning units and steam sterilizers shall
be used, cleaned, and maintained in accordance with the
manufacturer's current instructions. The sterilizer shall be
maintained in proper working condition and records of any
maintenance performed shall be kept for at least two years.
(D) All sterilizers shall be monitored by using all of the
following:
(1) Sterilization pouches that have a process indicator that
changes color upon proper steam sterilization;
(2) A sterilization integrator placed in each load or a
digital printout from the sterilizer of each load in accordance
with the manufacturer's recommendations, indicating that minimum
conditions existed;
(3) A biological indicator test that is taken and submitted
to a lab for analysis on a weekly basis for businesses with forty
or more pounds of medical waste per week or on a monthly basis for
businesses with less than forty pounds of medical waste per week.
(E)(1) Documentation that the sterilization indicators,
integrators, and biological indicator tests were performed shall
be maintained and shall include all of the following:
(a) The date and time the sterilizer load was run or the
biological test was performed;
(b) The name of the person who ran the sterilization load or
performed the test;
(c) The results of the sterilization integrator or digital
printout;
(d) A copy of the report that a biological indicator test was
conducted by an independent laboratory.
(2) All documentation records shall be maintained and readily
available for each test performed for at least two years. This
documentation may also be kept in each patron's file for all
needles and instruments used on that patron.
(F) All steam sterilizers in body modification establishments
shall be designed to sterilize hollow instruments and shall be
equipped with a mechanical drying cycle.
(G) When any wetness or moisture remains on or within a
sterilization pouch, or if the sterilizer has malfunctioned, the
instruments or equipment shall be considered contaminated and
shall be repackaged and resterilized in a functioning sterilizer
prior to use.
(H)(1) When the process indicator in the pouches and
sterilization integrators or digital printout demonstrate that
sterilization has been achieved, the sterilized instruments and
equipment shall remain in the pouches and be placed into inventory
until use.
(2) When the process indicator in the pouches, the
sterilization integrator, or the digital printout demonstrate that
sterilization has not been achieved, the sterilizer shall not be
used until it is examined to determine the malfunction and
repaired or replaced.
(I) After sterilization, all equipment and instruments used
for body modification shall remain in the sterilization pouch,
handled with newly gloved hands and stored in a clean, dry, closed
cabinet, drawer, or other container reserved for such instruments
or equipment. Sterilized instruments or equipment shall not be
used until reprocessed if the integrity of the pouch has been
compromised, is wet or stained, or is otherwise contaminated.
(J) The board shall adopt rules specifying that the
expiration date for steam-sterilized equipment or instruments is
one year from the date of sterilization, unless the integrity of
the sterilization pouch is compromised and prescribing expiration
dates for equipment or instruments sterilized using other methods.
(K) All tattoo needles or instruments intended to penetrate
the skin only once shall be disposed of after one use.
Sec. 4785.15. In addition to other requirements of this
chapter, an operator of a body modification establishment shall
ensure that the business and all persons performing tattooing
procedures at that establishment comply with all of the following:
(A) Prior to a procedure, the area of the patron's body to be
tattooed, shall be thoroughly cleaned with soap and water, then
prepared with an antiseptic solution that is applied with a clean
single-use gauze square, cotton ball or square, cotton swab, or
other clean, absorbent, disposable material.
(B) All products applied to the skin, including stencils,
shall be single use and disposable. Stencils shall be dispensed
and applied on the area to be tattooed with a clean paper towel or
an applicator in a manner to prevent contamination of the original
container and its contents. Petroleum-based products shall not be
used in conjunction with latex gloves.
(C) Only commercially manufactured inks, dyes, or pigments
that are intended for tattooing shall be used. Powdered dyes shall
be liquefied as recommended by the manufacturer. Unless approved
by the manufacturer, ink, dye, or pigment colors shall not be
adulterated by the body modification practitioner. Single-use
containers of inks, dyes, or pigments, including for mixing, shall
be used for each patron, and the body modification practitioner
shall discard the container and remaining dye or ink upon
completion of procedure. If nondisposable containers are used,
they shall be sterilized before reuse. The body modification
practitioner performing the procedure shall remove excess dye,
pigment, or ink from the skin with single-use gauze squares,
cotton balls or squares, cotton swabs, or other clean, absorbent,
disposable material.
(D) The body modification practitioner shall wash the
completed tattoo with a single-use gauze square, cotton ball, or
square or cotton swab, saturated with an appropriate A&D ointment,
triple antibiotic ointment, or industry specific ointment
dispensed and applied by presterilized gauze. The tattooed area
shall be allowed to dry, after which the body modification
practitioner shall apply a sterile, nonocclusive, single-use
dressing secured with nonallergenic tape to the site. Nonmedical
use paper products, including napkins and tape for dressing, shall
not be used.
(E) Gloves shall be worn for all procedures required under
this section.
Sec. 4785.16. In addition to other requirements of this
chapter, an operator of a body modification establishment shall
ensure that the business and all persons performing body piercing
services at that establishment comply with all of the following:
(A) Prior to a procedure, the area of the patron's body to be
pierced shall be thoroughly cleaned with a mixture of
antibacterial soap, benzalkonium chloride, and seventy per cent
isopropyl alcohol, then prepared with an antiseptic solution that
is applied with a clean, absorbent disposable material. In the
case of oral piercings, the patron shall be provided with
alcohol-free, antiseptic mouthwash in a single-use cup and the
body modification practitioner shall ensure that the patron
utilizes the mouthwash provided to thoroughly rinse the affected
area. In the case of a lip, labret, or cheek piercing, procedures
described in this division for both skin and oral piercings shall
be followed.
(B) Only sterilized jewelry made of a material approved by
the board in rule shall be placed in a new piercing.
(C) Body modification operators producing jewelry in-house
shall maintain mill certificates for jewelry at the body
modification establishment.
Sec. 4785.17. An operator of a business that provides ear
piercing services with an ear piercing gun shall ensure that the
business and all persons performing those services at that
business comply with all of the following:
(A) All individuals providing ear piercing services with an
ear piercing gun shall be trained in accordance with the
manufacturer's specifications to properly use, clean, disinfect,
sterilize, and store the ear piercing gun, in accordance with
rules adopted pursuant to this chapter.
(B) The ear piercing gun shall only be used on the lobe of
the ear.
(C) The individual performing the service shall wear a clean,
new pair of gloves for each piercing performed.
(D) The ear piercing gun shall be made up of disposable
parts, such that all parts of the gun that touch the patron's skin
are disposable and can be removed from the gun and disposed of in
an appropriate receptacle.
(E) In the case of a visible exposure of the gun to blood,
the individual performing the service shall immediately do one of
the following:
(1) Place the gun in a rigid, tightly closed container,
before returning the gun to the manufacturer, in accordance with
instructions provided by the manufacturer;
(2) Sterilize the gun by the procedure established in section
4785.14 of the Revised Code;
(3) Discard the gun in accordance with solid waste and
infectious waste rules adopted by the Ohio environmental
protection agency.
(F) After proper sterilization, the ear piercing gun shall be
stored in a sterilization bag in a covered container or cabinet
when not in use.
(G) Prior to performing an ear piercing procedure with an ear
piercing gun, the individual offering the service shall inform all
patrons requesting such services of the frequency and method
utilized to disinfect and sterilize all equipment used in the ear
piercing procedure and the extent to which the methods used
destroy disease-producing microorganisms.
(H) The individual offering the service shall provide
aftercare guidelines that shall not include the use of bezalkonium
chloride for more than three days after the completion of the
procedure.
(I) An operator that provides ear piercing services shall
abide with the consent requirements prescribed in division (A) of
section 4785.08 of the Revised Code.
Sec. 3730.11 4785.18. 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
modification procedures.
Sec. 3730.99 4785.99. (A) Whoever Except as provided in
division (E) of this section, whoever violates division (A), (B),
or (C) of section 3730.02 or division (A) of section 3730.06
4785.02 of the Revised Code is guilty of a misdemeanor of the
fourth degree.
(B) Whoever violates division (A) or (B) of section 3730.07
4785.09 of the Revised Code is guilty of a misdemeanor of the
first degree.
(C)(1) Except as provided in divisions (D) and (E) of this
section, whoever violates division (A), (B), or (C) of section
4785.08 of the Revised Code is guilty of a misdemeanor of the
first degree on a first offense, a felony of the fifth degree on a
second offense, a felony of the fourth degree on a third offense,
and a felony of the third degree on a fourth or subsequent
offense.
(2) The penalties for the offenses described in division
(C)(1) of this section shall be the following:
(a) For a misdemeanor of the first degree, a fine of up to
five hundred dollars or a jail term of one hundred eighty days, or
both;
(b) For a felony of the fifth degree, a fine of up to one
thousand dollars or a prison term of between six and twelve
months, or both;
(c) For a felony of the fourth degree, a fine of up to five
thousand dollars or a prison term of between twelve and eighteen
months, or both;
(d) For a felony of the third degree, a fine of up to ten
thousand dollars or a prison term of between thirty-six and sixty
months, or both.
(D) Whoever violates division (B) or (C) of section 4785.08
of the Revised Code by performing a body modification procedure or
ear piercing procedure with an ear piercing gun on an individual
who is under thirteen years of age is guilty of a felony of the
first degree and may be fined up to twenty thousand dollars and
sentenced to a prison term of between five and eleven years, or
both.
(E) Whoever violates division (A) of section 4785.02 and
division (A), (B), or (C) of section 4785.08 of the Revised Code
in the same course of conduct is guilty of a felony of the second
degree and may be fined up to fifteen thousand dollars and
sentenced to a prison term of between five and eleven years in
prison.
Section 2. That existing sections
3709.09, 3730.01,
3730.02, 3730.03, 3730.04, 3730.05, 3730.06,
3730.07, 3730.08,
3730.09, 3730.11, and 3730.99 and section 3730.10 of the Revised
Code are hereby repealed.
Section 3. (A) The Department of Health and the Governor
shall make their initial appointments to the State Board of Body
Modification pursuant to section 4785.03 of the Revised Code, as
enacted by this act, by December 1, 2014.
(B) The requirement in division (A) of section 4785.03 of the
Revised Code, as enacted by this act, that three members of the
State Board of Body Modification be body modification
practitioners licensed under Chapter 4785. of the Revised Code, as
enacted by this act, shall not apply to initial appointments to
the Board. Instead, those members shall be individuals with
sufficient experience in the provision of body modification
services.
Section 4. Section 3730.02 (4785.02) of the Revised Code, as
amended by this act, shall take effect one hundred eighty days
after the effective date of this act.
Section 5. The Director of Health shall coordinate with the
State Board of Body Modification for the revision, and potential
renumbering, of Chapter 3701-9. of the Ohio Administrative Code to
ensure that the Ohio Administrative Code is consistent with this
act. The Director may adopt, amend, and repeal rules in that
Chapter for this purpose.
Section 6. The requirement related to steam sterilizers
prescribed in division (F) of section 4785.14 of the Revised Code
shall not apply to body modification operators or establishments
existing on the effective date of this act until January 1, 2017.
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