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Category: Tattoo Laws >> United States Tattoo Laws

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Ohio Tattoo Laws

State Of OhioOhio Tattoo Laws


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

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