Ohio Admin. Code 3701-9-04 - Safety and sanitation standards
(A)
The premises shall have an area of at least one
hundred square feet. The floor space for each individual performing body art
services shall have an area of at least thirty six square feet. These areas
shall be adequately spaced, or separated from each other by fixed partitions.
Complete privacy shall be available upon a patron's request.
(B)
The entire
procedure room and all equipment shall be maintained in a clean, sanitary
condition and in good repair.
(C)
A minimum of at
least twenty foot-candles of artificial light at a distance of thirty inches
above the floor shall be provided throughout the establishment. A minimum of
forty foot-candles of light shall be provided at the level where the body art
is being performed. Spotlighting may be used to achieve this required degree of
illumination.
(D)
All floors directly under equipment used for body art
shall have an impervious, smooth, and washable surface.
(E)
All tables and
other equipment shall be constructed of easily cleanable material, with a
smooth finish.
(F)
Restroom facilities shall be made available to the
body artists and patrons and shall be located within the establishment. The
restroom shall be accessible at all times the body art establishment is open
for operation. The restroom shall be equipped with a toilet, toilet paper
installed in a holder, hand washing sink supplied with hot and cold running
water, liquid or granulated soap and single-use towels or mechanical hand
dryer. Equipment and supplies used for body art procedures or disinfection and
sterilization procedures shall not be stored or utilized within the
restroom.
(G)
A hand washing sink, with hot and cold running water,
liquid or granular soap, and single-use towels or mechanical hand dryer shall
be located separate from the restroom and in close proximity of each body
artist performing a procedure.
(H)
There shall be
no overhead or otherwise exposed sewerage lines so as to create a potential
hazard to the sanitary environment of the business.
(I)
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.
(J)
Animals shall
not be permitted in the body art establishment. This requirement does not apply
to patrol dogs accompanying security or police officers, guide dogs, or other
support animals accompanying disabled persons.
(K)
Unless medically
necessary, no food or drink shall be consumed, contact lenses be handled,
cosmetics be applied, personal grooming performed, personal vaporizing
(including electronic cigarettes) devices be handled, or other similar
activities be conducted in rooms used specifically for body art or
sterilization procedures.
(L)
All water supplies, waste water disposal systems,
solid waste disposal, and infectious waste disposal shall meet requirements of
the Ohio environmental protection agency, the Ohio department of health or the
local health department, as appropriate.
(M)
Persons
performing body art services have received appropriate training, as evidenced
by:
(1)
Training to include the following:
(a)
Records of completion of courses or seminars in body
art offered by authorities recognized by the board of health as qualified to
provide such instruction; or
(b)
Written
statements of attestation by individuals offering body art apprenticeships that
the person has received sufficient training of adequate duration to completely
perform body art services; or
(c)
Other
documentation acceptable to the board of health.
(2)
Demonstrated
knowledge of the principles of sterilization.
(3)
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, real-time online providers or
other authorities recognized by the board of health as being qualified to
provide training in the following:
(a)
First aid; and
(b)
Standard
precautions for preventing transmission of bloodborne and other infectious
diseases.
(N)
Within one year
of the effective date of this rule, the operator of an existing and approved
body art establishment shall submit, to the board of health for approval, a
written infection prevention and control plan prepared in accordance with
paragraph (B) (8) of rule
3701-9-02
of the Administrative Code. The plan shall kept up to date and resubmitted to
the board of health as necessary.
(O)
Body artists
shall not perform body art services if:
(1)
They are
impaired by any drugs or alcohol;
(2)
They knowingly
have, in a communicable stage, an infectious or contagious disease, parasitic
infestation, exudative lesions or weeping dermatitis. They shall avoid contact
with patrons and equipment until the condition is healed. Any cuts, sores or
abrasions shall be adequately covered with a bandage.
(P)
In
accordance with section
3730.06 of the Revised Code, no
person shall perform a body art 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:
(1)
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
(2)
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)
No body art procedure shall be performed on the
nipple, areola or genital area of any individual under the age of
eighteen.
(Q)
Prior to performing the procedure, the body artist
shall inquire of a patron if they have conditions which could affect the
healing process. Body art procedures shall not be performed on patrons that
indicate the presence of such a condition without documentation from a licensed
physician indicating acceptance of the patient for appropriate care following
the procedure.
(R)
Body art procedures shall be performed only on a
healthy skin surface.
(S)
Persons performing body art procedures shall observe
standard precautions for preventing transmission of bloodborne and other
infectious diseases in accordance with the following:
(1)
Sterile
instruments and aseptic techniques shall be used at all times during a
procedure;
(2)
Hand washing shall be performed before and after each
procedure. Fingernails shall be kept short and clean;
(3)
Clean,
previously unused gloves shall be worn throughout the entire procedure,
including setup and tear down. If the gloves are pierced, or torn, or if they
become otherwise contaminated or compromised, hand washing shall be performed
and a new pair shall be put on immediately. If the body artist leaves the area
during the procedure, gloves shall be removed before leaving, hand washing
shall be performed and a new pair of gloves shall be put on when returning.
Under no circumstances shall a single pair of gloves be used on more than one
patron;
(4)
Only sterilized, single use, disposable needles shall
be used on a patron. All used needles and associated needle bars shall be
properly disposed of immediately after the procedure;
(5)
If shaving is
necessary, single use disposable razors shall be used. Used razors shall be
properly disposed of in an appropriate sharps container;
(6)
All marking
instruments shall be single use or be manufactured to sterilize by
design;
(7)
All products used to address the flow of blood or to
absorb blood shall be single use and disposed of properly. No individual
performing a body art procedure shall use styptic pencils, alum blocks or other
solid styptics to address the flow of blood;
(8)
After any body
art service and prior to the next, all procedure areas shall be cleaned and
disinfected with an approved disinfectant;
(9)
All soaps, inks,
dyes, pigments, ointments, and other products shall be dispensed and applied
using an aseptic technique and in a manner to prevent contamination of the
original container and its contents. Applicators shall be single use and
disposed of properly;
(10)
Any equipment intended for use that is not single use
shall be disinfected and sterilized between patrons. Equipment that cannot be
sterilized shall be disinfected between use; and
(11)
All body
artists shall follow appropriate hand washing techniques and wear gloves when
involved in cleaning, disinfecting and sterilization
procedures.
(T)
Each patron shall be provided with verbal and written
aftercare guidelines following any body art procedure.
(U)
Body artists
shall work with the board of health when a complaint of obvious infection is
directly related to the body art procedure.
(V)
The disposal 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 any body art procedure shall be disposed in accordance with
Chapter 3745-27 of the Administrative Code.
(W)
A record of each
body art procedure shall be maintained for at least two years. The record shall
include, but not be limited to, the following:
(1)
The patron's
name;
(2)
The patron's address;
(3)
The date of the
service;
(4)
Colors and manufacturer of all inks, dyes, or pigments
used;
(5)
Jewelry used, including size, material composition,
and manufacturer; and
(6)
Placement of the procedure.
Replaces: 3701-9-04
Notes
Promulgated Under: 119.03
Statutory Authority: 3730.10
Rule Amplifies: 3730.06, 3730.07, 3730.08, 3730.09
Prior Effective Dates: 4/30/1998
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.