3730.02 Prohibition concerning tattooing or body
piercing.
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.
HISTORY: 147 v H 25. Eff 1-12-98.
The effective date is set by section 3 of HB 25.
3730.03 Approval to offer tattooing or body piercing services.
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.
HISTORY: 147 v H 25. Eff 1-12-98.
The effective date is set by section 3 of HB 25.
3730.04 Inspections.
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.
HISTORY: 147 v H 25. Eff 1-12-98.
The effective date is set by section 3 of HB 25.
3730.05 Suspension or revocation of approval.
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.
HISTORY: 147 v H 25. Eff 1-12-98.
The effective date is set by section 3 of HB 25.
3730.06 Consent to perform procedure on minor.
(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.
HISTORY: 147 v H 25. Eff 1-12-98.
3730.07 Offenses concerning minors. —— This version,
HB 25
(147 v ——), is in effect until 1-1-2002. See second
version, SB 179
(149 v ——), effective 1-1-2002.
(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.
HISTORY: 147 v H 25. Eff 1-12-98.
The effective date is set by section 3 of HB 25.
3730.07 Offenses concerning minors. —— This version,
SB 179
(148 v ——), is effective 1-1-2002. See preceding version,
HB 25
(147 v ——), in effect until 1-1-2002.
(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 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 service, or ear piercing service performed
with an ear piercing gun.
HISTORY: 147 v H 25 (Eff 1-12-98); 148 v S 179, §§
3. Eff 1-1-2002.
The effective date is set by section 5 of SB 179.
3730.08 Defenses of operator or employee concerning minors.
(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.
HISTORY: 147 v H 25. Eff 1-12-98.
The effective date is set by section 3 of HB 25.
3730.09 Duties of operator.
(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
whoperform 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.
HISTORY: 147 v H 25. Eff 1-12-98.
The effective date is set by section 3 of HB 25.
3730.10 Rules; blood and body fluid precautions.
(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. HISTORY: 147 v H 25. Eff 10-14-97.
The provisions of §§ 3 of HB 25 (147 v --) read as
follows:
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.
3730.11 Municipal or township prohibition of businesses.
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.
HISTORY: 147 v H 25. Eff 1-12-98.
The effective date is set by section 3 of HB 25.
3701-9-05 Additional requirements for tattoo services.
In addition to the requirements of paragraphs (A) and (B) of
rule 3701-9-04 of the Administrative Code, any person operating
an approved business offering tattoo services shall comply with
the following provisions pertaining to tattoo operations.
(A) Immediately prior to beginning any tattooing procedure, each
individual performing the procedure shall wash their hands in
hot water with liquid or granulated soap, or equivalent, if approved
by the board of health. The individual's fingernails shall be
kept clean and short.
(B) The individual performing the procedure shall wear a clean
new pair of disposable gloves, made of latex or similar material,
for each new patron. If the gloves develop a break or tear, or
if the individual performing the procedure touches another surface
during the course of the procedure, the gloves shall be immediately
replaced.
(C) All individuals performing a tattoo procedure who utilize
lap cloths shall use a different lap cloth for each patron. Lap
cloths shall be disposed or laundered after each use.
(D) The individual performing tattooing shall perform the procedure
only on a normal, healthy skin surface. No operator shall remove
or attempt to remove tattoo marks.
(E) When shaving the site of the tattoo is necessary, the individual
performing the procedure shall use:
(1) Separate disposable razors with single service blades for
each patron and discard the razor after such use, or
(2) A straight edge razor which shall be disinfected in accordance
with rule 3701-9-08 of the Administrative Code or sanitized in
accordance with rule 4709-9-05 of the Administrative Code after
use on each patron.
(F) The individual performing the procedure, before shaving the
area of the patron's body to be tattooed, shall thoroughly clean
the area with antibacterial soap or its equivalent, as approved
by the board of health. After shaving the area to be tattooed,
the individual performing the procedure shall apply seventy percent
isopropyl alcohol on the skin with a clean, disposable gauze square,
cotton ball or square, or other clean, disposable material.
(G) Only sterile petroleum jelly in collapsible metal or plastic
tubes or its equivalent, as approved by the board of health, shall
be used on the area to be tattooed and shall be applied by use
of a single use gauze square, individual cotton ball or square,
or single use wooden tongue depressors. Under no circumstances
are fingers to be used for this purpose.
(H) No individual performing tattoo services shall use styptic
pencils, alum blocks, or other solid styptics to check the flow
of blood.
(I) Individuals performing tattoo services shall use only dyes
or inks manufactured by an established manufacturer and used as
recommended by the manufacturer. Powdered dyes shall be liquified
as recommended by the manufacturer. Unless approved by the manufacturer,
dye colors shall not be adulterated by the individual performing
the service. Single service or individual containers of dye or
ink shall be used for each patron and the individual performing
the service shall discard the container and remaining dye or ink.
If non-disposable containers are used, the operator shall sterilize
them before reuse. The individual performing the procedure shall
remove excess dye or ink from the skin with single-use gauze squares,
or other clean, absorbent, disposable material.
(J) The individual performing the procedure shall wash the completed
tattoo with a single use gauze square or individual cotton ball
or square saturated with an antibacterial solution approved by
the board of health. The tattooed area shall be allowed to dry,
after which the individual performing the procedure shall apply
to the site antibiotic ointment from a collapsible or plastic
tube, or its equivalent, as approved by the board of health. The
ointment shall be applied by use of a single use gauze square,
individual cotton ball or square, or single use wooden tongue
depressor. In the case of an antibiotic-sensitive patron, the
use of an antibacterial soap on the tattoo site shall be sufficient
to meet the purpose of this paragraph. The individual performing
the procedure shall apply to the site a non-adherent, sterile
dressing, or a dressing acceptable to the board of health, and
secure it with non-allergenic tape. Use of paper napkins and tape
for dressing shall not be acceptable.
(K) The operator shall provide each patron with oral and written
care instructions following the tattooing procedure.
(L) The operator performing the tattoo service shall maintain
a record of service, including the patron's name, address, the
date of service, and colors used for the tattoo. The operator
shall maintain such record for at least two years. In the event
of the closing of the business, all tattoo records shall be made
available to the board of health.
(M) All obvious injuries or infections directly resulting from
the practice of tattooing which are known or become known to the
operator shall be reported to the board of health by the operator
who will immediately advise the patron to seek the services of
a physician.
(N) The operator shall comply with applicable standards described
in Chapter 3745-27 of the Administrative Code while disposing
of waste items including, but not limited to needles, razors and
other supplies capable of causing lacerations or puncture wounds,
generated through the provision of tattooing services.
(O) Operators of an approved business performing tattoo services
shall ensure that these services shall not be performed outside
the business premises, unless the board of health has provided
approval for a time-limited operation in accordance with paragraph
(G) of rule 3701-9-02 of the Administrative Code.
Eff 4-30-98
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3730.10
Rule amplifies: RC 3730.09
R.C. 119.032 Review Date: 4/30/03
Ohio Acts
Sub. S.B. 179 of the 124th General Assembly, Part A of the 2001-2002
AN ACT To amend sections 2151.35 and 2945.17 of the Revised Code
to remove the right to jury trial for an adult in a truancy case
filed jointly against a truant child and the parent, guardian,
or other person having care of the child and to amend sections
109.42, 109.54, 109.573, 133.01, 181.22, 307.02, 307.022, 329.05,
2151.01, 2151.011, 2151.022, 2151.07, 2151.08, 2151.10, 2151.11,
2151.12, 2151.14, 2151.141, 2151.18, 2151.211, 2151.23, 2151.24,
2151.25, 2151.26, 2151.27, 2151.271, 2151.28,...
Section 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)](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 service, or ear piercing
service performed with an ear piercing gun.
OHIO ADMINISTRATIVE CODE
Copyright (c) 2002 Anderson Publishing Company
*** THIS DOCUMENT IS CURRENT THROUGH NOVEMBER 18, 2001 ***
3701 DEPARTMENT OF HEALTH - ADMINISTRATION AND DIRECTOR
Chapter 3701-9 Tattoo and Body Piercing Services
3701-9-01 Definitions.
As used in this chapter:
(A) "Antibacterial" means a substance which inhibits
and reduces the
growth of bacteria.
(B) "Approval" means written approval from the board
of health
indicating that the tattoo and body piercing establishment has
been inspected and meets
all terms of this chapter;
(C) "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.
(D) "Body piercing" means the piercing of any part
of the body by
someone other than a physician licensed under Chapter 4731. of
the Revised Code, who
utilizes a needle or other instrument for the purpose of inserting
an object
into the body for non-medical purposes; body piercing includes
ear piercing
except when the ear piercing procedure is performed on the ear
with an ear
piercing gun.
(E) "Body piercing establishment" means any place whether
temporary or
permanent, stationary or mobile, where ever situated, where body
piercing is
performed including any area under the control of the operator.
(F) "Business" means any entity that provides tattoo,
body piercing or
tattoo and body piercing services for compensation.
(G) "Custodian" has the same meaning as in section
2151.011 of the
Revised Code.
(H) "Disinfection" means a process that kills or destroys
nearly all
disease-producing microorganisms, with the exception of bacterial
spores.
(I) "Ear piercing gun" means a mechanical device that
pierces the ear by
forcing a disposable, single-use stud or solid needle through
the ear.
(J) "Guardian" has the same meaning as in section 2111.01
of the Revised
Code.
(K) "Infectious waste" means waste as defined in section
3734.01 of the
Revised Code.
(L) "Operator" means any person, firm, company, corporation
or
association that owns, controls, operates, conducts or manages
a tattoo or body piercing
establishment.
(M) "Patron" means a person requesting and receiving
body piercing or
tattooing services or ear piercing services by an ear piercing
gun.
(N) "Premises" means the physical location of a body
piercing
establishment or tattoo establishment.
(O) "Sterilize" means a process by which all forms
of microbial life,
including bacteria, viruses, spores, and fungi, are destroyed.
(P) "Tattoo" means any method utilizing needles or
other 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 or any
other substance
resulting in an alteration of the appearance of the skin.
(Q) "Tattoo establishment" means any place whether
temporary or
permanent, stationary or mobile, where ever situated, where tattooing
is performed
including any area under the control of the operator.
3701-9-02 Board of health approval.
(A) In accordance with section 3730.02 of the Revised Code, no
person
shall operate a business offering tattoo or body piercing services
without first
obtaining approval of the board of health in the jurisdiction
in which the
business will operate.
(B) Persons seeking approval to operate a business offering tattooing,
body piercing or tattooing and 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 applicable fees and information the board of health determines
is necessary
to process the application. Information requested by the board
of health as
part of the application process shall include, but not be limited
to, the following:
(1) If the operator is an individual, his or her name, address,
telephone number, business address, business telephone number,
and occupation. 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 percent or more in the entity;
(2) If the operator does not own the place of business, or if
he or she
owns only part of the place of business, The name of each person
who has an
ownership interest of five per cent or more in the business;
(3) Statement of attestation that the operator intends to comply
with
all requirements established by sections 3730.01 to 3730.11 of
the Revised Code
and the rules of this chapter.
(4) Plans and specifications of the place of business to clearly
show
that applicable provisions of the rules in this chapter can be
met and shall
include the following:
(a) The total area to be used for the business;
(b) Entrances and exits;
(c) Number, location and types of plumbing fixtures, including
all water
supply facilities;
(d) A lighting plan;
(e) A floor plan showing the general layout of fixtures and equipment;
(f) Listing of all equipment to be used.
(5) Evidence that the operator shall perform the following functions:
(a) The operator shall maintain procedures ensuring that all
persons
performing body piercing or tattooing services on the business
premises have
received appropriate training in tattooing or body piercing, as
evidenced
by:
(i) Records of completion of courses or seminars in tattooing
or body piercing offered by authorities recognized by the board
of health as
qualified to provide such instruction;
(ii) Written statements of attestation by individuals offering
tattoo or body piercing apprenticeships that the person has received
sufficient
training of adequate duration to competently perform tattoo or
body piercing
services; or
(iii) Other documentation acceptable to the board of health.
(b) The operator shall maintain procedures ensuring that all
persons
performing tattooing or body piercing services for the business
shall have
received training, as evidenced by records of completion, courses
or
seminars provided by licensed physicians, registered nurses, organizations
such as
the american red cross, accredited learning institutions, appropriate
governmental entities, or other authorities recognized by the
board of health as being
qualified to provide training in the following:
(i) First aid;
(ii) Safety and sanitation requirements for preventing transmission
of infectious diseases;
(iii) Universal precautions against bloodborne pathogens;
(iv) Appropriate tattoo and piercing aftercare.
(c) The operator shall maintain written records of equipment
utilized by
the business, including manufacturer and model numbers;
(d) The operator shall maintain procedures acceptable to the
board of
health ensuring that persons performing tattooing or body piercing
services on the
premises of the business shall disinfect and sterilize all non-disposable
equipment or parts of equipment used in performing procedures,
by utilizing
methods meeting disinfection and sterilization requirements in
accordance
with rule 3701-09-08 of the Administrative Code;
(e) The operator shall maintain procedures ensuring the performance
of
weekly biological monitoring tests of the business's heat sterilization
devices, to ensure that the devices thoroughly kill microorganisms.
In accordance
with division (A)(5) of section 3730.09 of the Revised Code, these
procedures
shall include:
(i) Maintenance of a log of all tests performed, the date of
each test and the name of the person or independent testing entity
performing the test; and
(ii) Procedures for remedial action on the part of the operator
to
assure compliance with all sterilization requirements in accordance
with rule
3701-09-08 of the Administrative Code, in the event a test indicates
a heat
sterilization device is not functioning properly. The operator
shall maintain records of each test performed for at least two
years.
(f) The operator shall maintain procedures ensuring the general
health
and safety of all individuals employed by the business.
(g) For each tattoo service performed by the business, the operator
shall maintain a written record of dye colors, manufacturer, and
any available lot
number or other identifier of each pigment used.
(6) The operator shall identify any previous, current or similar
approvals held by the operator for tattooing and piercing services.
(7) The operator shall provide evidence and documentation of
all
applicable fee payments, inspections and approvals required by
this chapter of the
Administrative Code and shall post current approval in a conspicuous
manner
on the business premises.
(C) A board of health shall conduct at least one inspection of
a
business prior to approving it under section 3730.03 of the Revised
Code. The board
may conduct additional inspections as necessary for the approval
process.
(D) A board of health that determines, following an inspection
conducted
in accordance with section 3730.04 of the Revised Code and the
rules in this
chapter, 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 and rule 3701-9-09
of the
Administrative Code.
(E) In accordance with section 3730.04 of the Revised Code, the
operator
shall give the board of health access to the business premises
and to all
records relevant to an inspection.
(F) Approval is not transferable. Any permanent change in address
or
change in ownership shall require the operator to apply for approval,
with payment
of all fees established by the board of health.
(G) The board of health in the jurisdiction in which a tattoo
or body
piercing business shall operate may approve such business for
the purposes
of operating on a time-limited basis, in conjunction with a specific
event.
Time-limited body piercing and tattooing 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 these rules. For the purpose of this approval, the
following shall occur:
(1) Businesses having current approval from a board of health
shall
apply for time-limited approval from the board of health in the
jurisdiction in
which a specific, time-limited event shall take place. The applicable
board of
health may accept the business's current approval as evidence
of substantial
compliance with provisions contained in these rules. While accepting
the approval of
another board of health, the board of health in the jurisdiction
in which a
tattoo or body piercing 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.
(2) Businesses which do not have current approval from a board
of
health, or Ohio businesses in jurisdictions from which approval
is not accepted by the
board of health in which time-limited approval is being sought,
shall apply
for time-limited approval from the board of health in the jurisdiction
in which
a 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.
(a) Information requested shall assure the board of health being
requested for time-limited approval that the business is capable
of meeting the
provisions of these rules.
(b) In addition to reviewing information submitted by the business,
the
board of health in the jurisdiction in which a tattoo or body
piercing
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. The board of health shall take into consideration
the
use of resources utilized to promulgate provisions of this paragraph
when
(H) The approval of a business may be renewed annually by a board
of
health in the jurisdiction in which the business will operate.
Renewal will occur
following an annual inspection, assurance that all conditions
set forth by
sections 3730.01 to 3730.11 of the Revised Code and the rules
of this
chapter have continued to be met, and the payment of fees set
by the board have been
received.
Eff 4-30-98
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3730.09, 3730.10
Rule amplifies: RC 3730.03, 3730.04
R.C. 119.032 Review Date: 4/30/03
3701-9-03 Fees.
(A) The approval application, and annual renewal fees for tattoo
and
body piercing businesses shall be established by the board of
health
administering and enforcing sections 3730.01 to 3730.11 of the
Revised Code and all
provisions of this chapter, within the following parameters:
(1) No fee shall exceed the total cost to the board of health
to process
the application, inspect the business, maintain appropriate records
pertaining
to the establishment, provide to the operator an approval document
for display
and provide other services deemed necessary by the board to maintain
public
health and safety.
(2) All fees collected by the board of health shall be deposited
into
the health fund of the district that the board serves. The fees
shall be used
solely for the purpose of implementing and enforcing sections
3730.01 to 3730.11 of
the Revised Code and the rules of this chapter.
(3) Each fee established by the board of health pursuant to section
3709.09 of the Revised Code shall be specified in accordance with
the following
categories:
(a) Tattooing services;
(b) Body piercing services;
(c) Combined tattooing and body piercing services;
(d) Time-limited approval for a specific event.
(B) The board of health shall utilize data from the previous
year or
approval period to determine the factors specified in this rule
to calculate.
The actual cost of administering and enforcing sections 3701.01
to 3701.11
of the Revised Code and the rules in this chapter pertaining to
tattoo and body
piercing. In the absence of such data, the board of health shall
use
reasonable estimates to provide information to determine the following:
(1) The percentage of time worked in the tattooing and body piercing
program by each inspecting staff person employed by the board
of health shall be
calculated by dividing the amount determined in paragraph (B)(1)(a)
of this
rule by the amount calculated in paragraph (B)(1)(b) of this rule.
(a) Total hours worked in the tattooing and body piercing program
by
each inspecting staff person;
(b) The total hours for which each inspecting staff person was
paid in
the last year;
(2) The total annual wages or salary paid to each inspecting
staff
person;
(3) The total amount for fringe benefits paid on behalf of each
inspecting staff person;
(4) The total travel costs for each inspecting staff person;
(5) The support costs for the program as determined by one of
the
following methods:
(a) Use of actual support cost items attributable to the tattooing
and
body piercing program which may include, but are not limited to,
the salary and
fringe benefits of the health commissioner, the director of environmental
health, the director of nursing, supervisory staff, clerical staff,
utilities, rent, supplies, equipment, liability insurance, and
training.
(b) Use of an indirect cost rate of a percentage, determined
by the
board, of the wages or salaries and fringe benefits of inspecting
staff persons
attributable to the tattooing and body piercing program. The wages
or
salaries and fringe benefits of inspecting staff persons attributable
to the
tattooing and body piercing program shall be determined for each
staff person under
paragraphs (B) (3) and (B)(4) of this rule by the percentage for
that staff
person determined under paragraph (B)(1) of this rule and adding
the
products;
(c) Application of a negotiated indirect cost rate and calculation
method approved by an agency of the federal government for the
local health
district to the tattooing and body piercing program.
(C) The costs for the tattooing and body piercing program may
also
include, but are not limited to, the amounts of any known or anticipated
increases in
costs or expenses for such items as rent, utilities, equipment,
and personnel.
(D) The board of health in the jurisdiction in which a tattoo
or body
piercing business seeks time-limited approval shall take into
consideration
the acceptance of another jurisdiction's approval and the number
of similar
inspections requested within a specific venue when determining
an
appropriate inspection fee.
(E) The total tattooing and body piercing program costs shall
be
calculated in the following manner:
(1) For each inspecting staff person, multiply the amount of
total
annual wages or salary determined under paragraph (B)(2) of this
rule by the
percentage determined pursuant to paragraph (B)(1) of this rule.
(2) For each inspecting staff person, multiply the fringe benefits
determined under paragraph (B)(3) of this rule by the percentage
determined
pursuant to paragraph(B)(1) of this rule.
(3) For each inspecting staff person, multiply the total travel
costs
determined under paragraph(B)(4) of this rule by the percentage
determined
pursuant to paragraph(B)(1) of this rule. As an alternative, the
actual
travel cost for each inspecting staff person attributable to the
tattooing and body
piercing program may be used.
(4) Add the amounts determined under paragraphs (B)(5) and (C)
of this
rule to the totals calculated in paragraphs (E)(1), (E)(2), and
(E)(3) of this
rule. This total is the cost for the tattooing and body piercing
program.
3701-9-04 General safety and sanitation standards.
(A) A business offering tattoo or body piercing services shall
comply
with the following provisions.
(1) The premises in which tattooing or body piercing is conducted
shall
have an area of at least one hundred square feet. The floor space
for each
individual performing tattoo or body piercing services shall have
an area of at least
thirty six square feet. These areas shall be separated from each
other and
from waiting patrons or observers by a panel or by a door. Complete
privacy
should be available upon a patron's request.
(2) The entire procedure room and equipment shall be maintained
in a
clean, sanitary condition and in good repair.
(3) The tattoo or body piercing business shall be equipped with
artificial light sources equivalent to at least twenty foot-candles
at a distance of
thirty inches above the floor throughout the establishment. A
minimum of forty
foot-candles of light shall be provided at the level where the
tattooing or
body piercing is being performed. Spot-lighting may be used to
achieve this
required degree of illumination.
(4) All floors directly under equipment used for tattooing or
body
piercing activities shall be an impervious, smooth, washable surface;
have a minimum
dimension of six feet by six feet and shall be maintained in a
sanitary
manner at all times. All walls shall be maintained in a sanitary
manner.
(5) All tables and other equipment shall be constructed of easily
cleanable material, with a smooth, washable finish.
(6) Restroom facilities shall be made available to the employees
and
customers of the business and must be located within the establishment.
The
restroom shall be accessible at all times the business is open
for
operation. The restroom shall be equipped with a toilet, toilet
paper installed in a
holder, lavatory supplied with hot and cold running water, liquid
or
granulated soap and single-use towels. Equipment and supplies
used in the course of
tattoo or body piercing services or disinfection and sterilization
procedures shall
not be stored or utilized within the restroom.
(7) A lavatory or hand washing sink, with hot and cold running
water,
liquid or granular soap, and single-use towels shall be located
in close proximity
of each individual performing tattoo or body piercing procedures.
(8) There shall be no overhead or otherwise exposed sewerage
lines so as
to create a potential hazard to the sanitary environment of the
business.
(9) Sufficient and appropriate receptacles shall be 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) The operator shall not allow live animals to enter area(s)
used for
tattoo or body piercing procedures. This requirement does not
apply to
patrol dogs accompanying security or police officers, guide dogs,
or other support
animals accompanying handicapped persons.
(11) At no time shall food, or drink be consumed by the operator
in
rooms used specifically for tattoo or body piercing services.
(12) Smoking or use of any other tobacco product by the operator
or the
patron shall not be permitted in rooms used specifically for tattoo
or body
piercing purposes.
(13) All water supplies, waste water disposal systems, solid
waste
disposal, and infectious waste disposal shall meet requirements
of the Ohio
environmental protection agency or the Ohio department of health,
as appropriate.
(B) Persons approved to operate a business offering tattoo or
body
piercing services and persons providing ear piercing services
with an ear piercing
gun shall comply with the following provisions:
(1) Persons performing the service shall not perform such services
if:
(a) They are under the influence of any drugs or alcohol;
(b) They knowingly have, in a communicable stage, an infectious
or
contagious disease, parasitic infestation, exudative lesions or
weeping dermatitis.
(2) In accordance with section 3730.06 of the Revised Code, 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 the following:
(a) A parent, guardian, or custodian of the individual under
eighteen
years of age signs 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 the methods for proper
care of the
affected body part following the procedure; and
(b) A parent, guardian, or custodian of an individual under eighteen
years of age appears in person at the business at the time the
procedure is
performed.
(3) Prior to tattooing or body piercing, the operator who will
be
performing the procedure shall inquire of a patron for conditions
which could affect
the healing process. The operator shall not perform a tattoo or
body piercing
procedure on patrons indicating the presence of such a condition
without
documentation from a licensed physician indicating acceptance
of the patient
for appropriate care following the procedure.
Eff 4-30-98
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3730.10
Rule amplifies: RC 3730.06, 3730.07, 3730.08, 3730.09
R.C. 119.032 Review Date: 4/30/03
3701-9-05 Additional requirements for tattoo services.
In addition to the requirements of paragraphs (A) and (B) of
rule
3701-9-04 of the Administrative Code, any person operating an
approved business
offering tattoo services shall comply with the following provisions
pertaining to
tattoo operations.
(A) Immediately prior to beginning any tattooing procedure, each
individual
performing the procedure shall wash their hands in hot water with
liquid or
granulated soap, or equivalent, if approved by the board of health.
The
individual's fingernails shall be kept clean and short.
(B) The individual performing the procedure shall wear a clean
new pair
of disposable gloves, made of latex or similar material, for each
new patron.
If the gloves develop a break or tear, or if the individual performing
the
procedure touches another surface during the course of the procedure,
the
gloves shall be immediately replaced.
(C) All individuals performing a tattoo procedure who utilize
lap cloths
shall use a different lap cloth for each patron. Lap cloths shall
be
disposed or laundered after each use.
(D) The individual performing tattooing shall perform the procedure
only
on a normal, healthy skin surface. No operator shall remove or
attempt to
remove tattoo marks.
(E) When shaving the site of the tattoo is necessary, the individual
performing the procedure shall use:
(1) Separate disposable razors with single service blades for
each
patron and discard the razor after such use, or
(2) A straight edge razor which shall be disinfected in accordance
with
rule 3701-9-08 of the Administrative Code or sanitized in accordance
with rule
4709-9-05 of the Administrative Code after use on each patron.
(F) The individual performing the procedure, before shaving the
area of
the patron's body to be tattooed, shall thoroughly clean the area
with
antibacterial soap or its equivalent, as approved by the board
of health. After shaving
the area to be tattooed, the individual performing the procedure
shall apply
seventy percent isopropyl alcohol on the skin with a clean, disposable
gauze square,
cotton ball or square, or other clean, disposable material.
(G) Only sterile petroleum jelly in collapsible metal or plastic
tubes
or its equivalent, as approved by the board of health, shall be
used on the
area to be tattooed and shall be applied by use of a single use
gauze square,
individual cotton ball or square, or single use wooden tongue
depressors. Under no
circumstances are fingers to be used for this purpose.
(H) No individual performing tattoo services shall use styptic
pencils,
alum blocks, or other solid styptics to check the flow of blood.
(I) Individuals performing tattoo services shall use only dyes
or inks
manufactured by an established manufacturer and used as recommended
by the
manufacturer. Powdered dyes shall be liquified as recommended
by the
manufacturer. Unless approved by the manufacturer, dye colors
shall not be
adulterated by the individual performing the service. Single service
or
individual containers of dye or ink shall be used for each patron
and the
individual performing the service shall discard the container
and remaining
dye or ink. If non-disposable containers are used, the operator
shall sterilize
them before reuse. The individual performing the procedure shall
remove excess
dye or ink from the skin with single-use gauze squares, or other
clean, absorbent,
disposable material.
(J) The individual performing the procedure shall wash the completed
tattoo with a single use gauze square or individual cotton ball
or square saturated
with an antibacterial solution approved by the board of health.
The tattooed
area shall be allowed to dry, after which the individual performing
the
procedure shall apply to the site antibiotic ointment from a collapsible
or
plastic tube, or its equivalent, as approved by the board of health.
The
ointment shall be applied by use of a single use gauze square,
individual
cotton ball or square, or single use wooden tongue depressor.
In the case of an
antibiotic-sensitive patron, the use of an antibacterial soap
on the tattoo
site shall be sufficient to meet the purpose of this paragraph.
The individual
performing the procedure shall apply to the site a non-adherent,
sterile
dressing, or a dressing acceptable to the board of health, and
secure it
with non-allergenic tape. Use of paper napkins and tape for dressing
shall not be
acceptable.
(K) The operator shall provide each patron with oral and written
care
instructions following the tattooing procedure.
(L) The operator performing the tattoo service shall maintain
a record
of service, including the patron's name, address, the date of
service, and
colors used for the tattoo. The operator shall maintain such record
for at least
two years. In the event of the closing of the business, all tattoo
records shall
be made available to the board of health.
(M) All obvious injuries or infections directly resulting from
the
practice of tattooing which are known or become known to the operator
shall be
reported to the board of health by the operator who will immediately
advise the
patron to seek the services of a physician.
(N) The operator shall comply with applicable standards described
in
Chapter 3745-27 of the Administrative Code while disposing of
waste items including,
but not limited to needles, razors and other supplies capable
of causing
lacerations or puncture wounds, generated through the provision
of tattooing services.
(O) Operators of an approved business performing tattoo services
shall
ensure that these services shall not be performed outside the
business
premises, unless the board of health has provided approval for
a time-limited
operation in accordance with paragraph (G) of rule 3701-9-02 of
the Administrative Code.
Ohio Legislative Service Commission
§ 3730.03 Approval to offer tattooing or body piercing services.
Text of Statute
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.
HISTORY : 147 v H 25. Eff 1-12-98.
The effective date is set by section 3 of HB 25.
§ 3730.02 Prohibition concerning tattooing or body piercing.
Text of Statute
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.
HISTORY : 147 v H 25. Eff 1-12-98.
The effective date is set by section 3 of HB 25.
§ 3730.09 Duties of operator.
Text of Statute
(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.
HISTORY : 147 v H 25. Eff 1-12-98.
The effective date is set by section 3 of HB 25.
§ 3730.06 Consent to perform procedure on minor.
Text of Statute
(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.
HISTORY : 147 v H 25. Eff 1-12-98.
The effective date is set by section 3 of HB 25.
§ 3730.05 Suspension or revocation of approval.
Text of Statute
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.
HISTORY : 147 v H 25. Eff 1-12-98.
The effective date is set by section 3 of HB 25.
§ 3730.04 Inspections.
Text of Statute
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.
HISTORY : 147 v H 25. Eff 1-12-98.
The effective date is set by section 3 of HB 25.
§ 3730.10 Rules; blood and body fluid precautions.
Text of Statute
(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.
HISTORY : 147 v H 25. Eff 10-14-97.
The provisions of § 3 of HB 25 (147 v --) read as follows:
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.
H.B. 25
122nd General Assembly
(As Introduced)
Reps. Lucas, Hood, Terwilleger
· Requires a business that offers tattooing or body piercing
services to obtain approval from a board of health.
· Prohibits any person from (1) offering any such services
without the board's approval or (2) performing such services in
violation of safety and sanitation standards adopted under the
bill or performing them on a minor without parental or custodial
consent, and imposes criminal penalties for a violation of any
of these prohibitions.
· Permits a board of health to suspend or revoke the approval
of a tattooing or body piercing business under certain circumstances.
· Requires the Public Health Council to adopt rules specifying
safety and sanitation standards for tattooing and body piercing
procedures.
· Requires a board of health to inspect a tattooing or
body piercing business prior to approving the business and allows
a board to inspect an approved business.
CONTENT AND OPERATION
Prohibition; penalty; definitions
(secs. 3730.01, 3730.02, and 3730.99)
The bill prohibits any person from doing any of the following:
(1) operating a business that offers tattooing or body piercing
services unless a board of health has approved the business under
the bill, (2) performing a tattooing or body piercing procedure
in a manner that does not meet the safety and sanitation standards
established in rules adopted under the bill, or (3) performing
any tattooing or body piercing procedure on an individual who
is under 18 years of age unless the individual's parent or guardian
consents to the procedure in accordance with the bill (sec. 3730.02).
The bill provides that whoever violates the provisions described
in the preceding paragraph is guilty of a fourth degree misdemeanor
(sec. 3730.99). Current law provides that the penalty for a fourth
degree misdemeanor is imprisonment for not more than 30 days or
a fine of not more than $250, or both (sec. 2929.21).
The bill defines "board of health" as the board of
health of a city or general health district or the authority having
the duties of a board of health. It defines "body piercing"
as not including ear piercing. "Business" is defined
as any entity that provides services for compensation. "Guardian"
is defined as any person, association, or corporation appointed
by the probate court, other than a guardian under the Veterans'
Guardianship Law, to have the care and management of the person,
estate, or both, of an incompetent or minor. Under certain limited
circumstances, "guardian" includes, but is not limited
to, a limited guardian, an interim guardian, and an emergency
guardian. (Sec. 3730.01.)
Approval to operate a tattooing or body piercing business
(sec. 3730.03)
The bill requires a person seeking approval to operate a business
that offers tattooing or body piercing services to apply to the
board of health of the city or general health district in which
the business is located, on forms the board must prescribe and
provide. The applicant must submit all information the board determines
is necessary to process the application. The applicant must include
with the application the fee established by the board by rule.
Current law permits the board of health of a city or general health
district to establish, by rule, a uniform system of fees to pay
the costs of any services it provides. 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, and the board
must not charge any such disapproved fee. (Sec. 3709.09.) The
board must deposit all fees collected with these applications
into the health fund of the district that the board serves. The
fees must be used solely for implementing and enforcing the bill.
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 the bill (see "Safety and sanitation standards,"
below). The business must agree also 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 (see
"Inspection," below), that a business meets the requirements
for approval must approve the business. Approval remains valid
for two years, unless earlier suspended or revoked under procedures
established by the bill. A business's approval may be renewed,
but is not transferable.
Suspension and revocation of approval
(sec. 3730.05)
The bill permits a board of health to 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 the bill or the rules adopted under it. Proceedings
for suspensions and revocations must be conducted in accordance
with rules adopted under the bill.
Safety and sanitation standards
(sec. 3730.10)
Not later than 90 days after the bill's effective date (see "Effective
date," below), the Public Health Council must adopt rules
in accordance with the Administrative Procedure Act as necessary
for the bill's implementation and enforcement. The rules must
specify the safety and sanitation procedures to be followed to
prevent the transmission of infectious diseases during the performance
of tattooing and body piercing procedures. The rules must include
the methods to be followed for appropriate sterilization of all
invasive equipment or parts of equipment used in tattooing and
body piercing procedures, and must include procedures for suspending
and revoking approvals. The rules may include standards to be
followed to ensure that individuals who perform tattooing and
body piercing procedures are adequately trained.
Inspection
(sec. 3730.04)
The bill requires a board of health to conduct at least one inspection
of a business prior to approving the business and permits a board
to conduct additional inspections as necessary for the approval
process. A board may inspect an approved business at any time
the board considers necessary. In an inspection, a board must
be given access to the business's premises and to all records
relevant to the inspection.
Parental and custodial consent
(sec. 3730.06)
The bill requires that if a parent or custodian of an individual
under 18 years of age desires to give consent to a business to
perform a tattooing or body piercing procedure on the individual,
the parent or guardian must do both of the following: (1) appear
in person at the business at the time the procedure is performed,
and (2) sign a document that the business provides 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.
Effective date
(Section 2)
The bill provides that all of its provisions, except the provisions
described under "Safety and sanitation standards" above,
take effect 90 days after the bill's effective date. The provisions
regarding safety and sanitation standards take effect at the earliest
time permitted by law.
HISTORY
ACTION DATE JOURNAL ENTRY
Introduced 01-21-97 p. 100