Regulations & Codes
The Board for Barbers and Cosmetology – Regulations ResourcesDPOR Board of Barbers and Cosmetology Guidance DocumentsGo to Virginia Regulatory Town Hall website Assessment of Esthetics Students Non-Traditional Classroom Instruction Endorsement of a Candidate from State Evaluation of Petitons for Regulation License Required for Certain Procedures Cleaning Multi-use Items That Cannot Be Immersed Approved Health Education Certifying Agencies ESTHETICS REGULATIONS Last Updated February 1, 2017
STATEMENT OF PURPOSEThis booklet contains the information you will need to obtain your license. The law that governs your profession is found in the Code of Virginia, 1950, as amended, in Title 54.1, Chapter 7. That law permits the Department of Professional and Occupational Regulation to issue regulations that tell you more about what is expected of you in your profession. This booklet contains a copy of the regulations that you will need to know and obey to get and keep your license. BE SURE YOU READ AND UNDERSTAND THE STANDARDS OF PRACTICE AND CONDUCT. YOUR FAILURE TO OBEY THESE STANDARDS COULD RESULT IN A MONETARY PENALTY OR LOSS OF YOUR LICENSE.It is the goal of the Department of Professional and Occupational Regulation to provide you with the information you need to comply with the law and regulations. If you have a question and cannot find the answer to it in this booklet, please write to: Board for Barbers and Cosmetology Perimeter Center, Suite 400 Or call the Agency at (804) 367-8509 Information is also available on the Department of Professional and Occupational Regulation website: TABLE OF CONTENTSRegulations Part I – General18 VAC 41-70-10Definitions 1 Part II – Entry18 VAC 41-70-20 General requirements for a esthetician or master esthetician license 2 18 VAC 41-70-30 License by endorsement. 3 18 VAC 41-70-35 Apprenticeship training 3 18 VAC 41-70-40 Examination requirements and fees 4 18 VAC 41-70-50 Reexamination requirements 4 18 VAC 41-70-60 Examination administration 4 18 VAC 41-70-70 Esthetician temporary license 5 18 VAC 41-70-80 General requirements for a spa license 5 18 VAC 41-70-90 General requirements for a school license 6 18 VAC 41-70-100 General requirements for an esthetics instructor certificate 8 18 VAC 41-70-110 General requirements for a master esthetics instructor certificate 9 Part III - Fees18 VAC 41-70-120 Fees 10 18 VAC 41-70-130 Refunds 11 Part IV – Renewal/Reinstatement18 VAC 41-70-140 License renewal required 11 18 VAC 41-70-150 Notice of renewal 11 18 VAC 41-70-160 Failure to renew 11 Part V – Barber and Cosmetology Schools18 VAC 41-70-170 Applicants for state approval (Repealed) 12 18 VAC 41-70-180 General requirements 12 18 VAC 41-70-190 Curriculum and hours of instruction requirements 13 18 VAC 41-70-200 Practical Performance Requirements 17 18 VAC 41-70-210 School Equipment 17 18 VAC 41-70-220 Repealed 17 18 VAC 41-70-230 Records 17 18 VAC 41-70-240 Reporting 18 Part VI – Standards of Practice18 VAC 41-70-250 Scope of license 19 18 VAC 41-70-260 Display of license 19 18 VAC 41-70-270 Sanitation and safety standards for spas and schools 19 18 VAC 41-70-280 Grounds for license revocation or suspension; denial of application renewal CHAPTER 70. REGULATIONS – ESTHETICS PART I. GENERAL. 18 VAC 41-70-10. Definitions.
|
FEE TYPE |
AMOUNT DUE September 1, 2016, through and August 31, 2018 |
AMOUNT DUE September 1, 2018, and after |
WHEN DUE |
Individuals: |
|||
Application |
$75 |
$105 |
With application |
License by Endorsement |
$75 |
$105 |
With application |
Renewal |
$75 |
$105 |
With renewal card prior to expiration date |
Reinstatement |
$150* *includes $75 renewal fee and $75 reinstatement fee |
$210* *includes $105 renewal fee and $105 reinstatement fee |
|
Instructors: |
|||
Application |
$100 |
$125 |
With application |
License by Endorsement |
$100 |
$125 |
With application |
Renewal |
$100 |
$150 |
With renewal card prior to expiration date |
Reinstatement |
$200* *includes $100 renewal fee and $100 reinstatement fee |
$300* *includes $150 renewal fee and $150 reinstatement fee |
With reinstatement application |
Spas: |
|||
Application |
$130 |
$190 |
With application |
Renewal |
$130 |
$190 |
With renewal card prior to expiration date |
Reinstatement |
$260* *includes $130 renewal fee and $130 reinstatement fee |
$380* *includes $190 renewal fee and $190 reinstatement fee |
With reinstatement application |
Schools: |
|||
Application |
$140 |
$220 |
With application |
Renewal |
$140 |
$220 |
With renewal card prior to expiration date |
Reinstatement |
$280* *includes $140 renewal fee and $140 reinstatement fee |
$440* *includes $220 renewal fee and $220 reinstatement fee |
With reinstatement application |
Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007; amended, Volume 27, Issue 23, eff. September 1, 2011; Volume 30, Issue 10, eff. March 1, 2014; Volume 32, Issue 24, eff. September 1,
2016.
All fees are nonrefundable and shall not be prorated. Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007.
A license or certificate issued under this chapter shall expire two years from the last day of the month in which it was issued.
Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007.
The Department of Professional and Occupational Regulation will mail a renewal notice to the licensee outlining the procedures for renewal. Failure to receive this notice, however, shall not relieve the licensee of the obligation to renew. If the licensee fails to receive the renewal notice, a copy of the old license may be submitted as evidence of intent to renew, along with the required fee.
Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007.
When a licensee fails to renew its license within 30 days following its expiration date, the licensee shall apply for reinstatement of the license by submitting to the Department of Professional and Occupational Regulation a reinstatement application and renewal fee and reinstatement fee.
When a licensee fails to renew its license within two years following the expiration date, reinstatement is no longer possible. To resume practice, the former licensee shall apply for licensure as a new applicant and shall meet all current entry requirements for each respective license. Individuals applying for licensure under this section shall be eligible to apply for a temporary license from the board under 18VAC41-70-70.
The application for reinstatement for a school shall provide (i) the reasons for failing to renew prior to the expiration date and (ii) a notarized statement that all students currently enrolled or seeking to enroll at the school have been notified in writing that the school's license has expired. All of these materials shall be called the application package. Reinstatement will be considered by the board if the school consents to and satisfactorily passes an inspection of the school and if the school's records are maintained in accordance with 18VAC41-70-230 and 18VAC41-70-240. Upon receipt of the reinstatement fee, application package, and inspection results, the board may reinstate the school's license or require requalification or both. If the reinstatement application package and reinstatement fee are not received by the board within six months following the expiration date of the school's license, the board will notify the testing service that prospective graduates of the unlicensed school are not acceptable candidates for the examination. Such notification will be sent to the school and must be displayed in a conspicuous manner by the school in an area that is accessible to the public. No student shall be disqualified from taking the examination because the school was not licensed for a portion of the time the student attended if the school license is reinstated by the board.
The date a renewal fee is received by the Department of Professional and Occupational Regulation or its agent will be used to determine whether the requirement for reinstatement of a license is applicable and an additional fee is required.
When a license is reinstated, the licensee shall have the same license number and shall be assigned an expiration date two years from the previous expiration date of the license.
A licensee that reinstates its license shall be regarded as having been continuously licensed without interruption. Therefore, a licensee shall be subject to the authority of the board for activities performed prior to reinstatement.
A licensee that fails to reinstate its license shall be regarded as unlicensed from the expiration date of the license forward. Nothing in this chapter shall divest the board of its authority to discipline a licensee for a violation of the law or regulations during the period of time for which the individual or business entity was licensed.
Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 08, February 1, 2017.
Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007; repealed, Virginia Register Volume 33, Issue 08, February 1, 2017.
An esthetics school shall:
Hold a school license for each and every location.
Hold a spa license if the school receives compensation for services provided in its clinic.
For esthetics courses, employ a staff of licensed and certified esthetics instructors or licensed and certified master esthetics instructors.
For master esthetics courses, employ a staff of licensed and certified master esthetics instructors.
Develop individuals for entry-level competency in esthetics.
Submit its curricula for board approval. Esthetician curricula shall be based on a minimum of 600 clock or equivalent credit hours and shall include performances in accordance with 18VAC41-70-190. Master esthetician curricula shall be based on a minimum of 600 clock or equivalent credit hours and shall include performances in accordance with 18VAC41-70-190 C. All changes to curricula must be resubmitted and approved by the board.
Inform the public that all services are performed by students if the school receives compensation for services provided in its clinic by posting a notice in the reception area of the spa in plain view of the public.
Conduct classroom instruction in an area separate from the clinic area where practical instruction is conducted and services are provided.
Complete practical instruction in the school's clinic area. Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 08, February 1, 2017.
Each esthetics school shall submit with its application a curriculum including, but not limited to, a course syllabus, a detailed course content outline, a sample of five lessons plans, a sample of evaluation methods to be used, and a breakdown of hours or credit hours and performances for all courses to be taught that will lead to licensure or certification. In addition, if a school awards credit in accordance with subsection D of this section, the school shall submit copies of the assessment policy, method of evaluation of transcripts and the examination to be used in making the assessment.
The esthetics curriculum and hours of instruction in this technology shall consist of 600 hours or equivalent credit hours and shall include, but not be limited to, the following:
Orientation and business topics - minimum of 25 hours of instruction.
Laws and regulations - minimum of 10 hours of instruction.
General sciences - minimum of 80 hours of instruction.
Applied sciences - minimum of 95 hours of instruction.
Skin care - minimum of 255 hours of instruction.
Makeup - minimum of 65 hours of instruction.
Body and other treatments - minimum of 20 hours of instruction.
Hair removal - minimum of 50 hours of instruction.
The master esthetics curriculum and hours of instruction in this technology shall consist of 600 hours or equivalent credit hours and shall include, but not be limited to, the following:
Orientation, advanced business subjects, and infection control - minimum of 45 hours of instruction.
State laws, rules and regulations - minimum of 10 hours of instruction.
Advanced anatomy and physiology - minimum of 65 hours of instruction.
Advanced skin care and advanced modalities - minimum of 90 hours of instruction.
Advanced procedures and chemical exfoliation - minimum of 270 hours of instruction.
- General procedures and safety measures for trichloracetic acid peels; and
- Pretreatment and posttreatment for trichloracetic acid peels.
Lymphatic drainage - minimum of 120 hours of instruction.
A licensed esthetics school with an approved esthetics program may conduct an assessment of a student's competence in esthetics and, based on the assessment, give a maximum of 300 hours credit towards the requirements specified in subsection B of this section and 18VAC41-70-200 A. A licensed esthetics school with an approved master esthetics program may conduct an assessment of a student's competence in master esthetics and, based on the assessment, give a maximum of 300 hours credit towards the requirements specified in subsection C of this section and 18VAC41-70-200 B.
The school shall make the assessment based on a review of the student's transcript and the successful completion of a board-approved competency examination administered by the school. The school may also request a copy of a catalog or bulletin giving the full course description when making the evaluation. The number of credit hours awarded shall not exceed the actual hours of instruction verified on the transcript or the number of hours specified in the board-approved curriculum for a specific topic.
The instructor curriculum and hours of instruction shall consist of 400 hours or equivalent credit hours and shall include, but not be limited to, the following:
Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007.
The curriculum for estheticians shall include the following minimum practical performances:
Consultations, cleansings and analysis of face and body | 35 |
Manual facials and treatments | 65 |
Machine or electrical facials and treatments | 50 |
Body treatments and back treatments | 20 |
Makeup | 25 |
Hair Removal | 25 |
TOTAL | 220 |
The curriculum for master estheticians shall include the following minimum performances:
Advanced treatments | 40 |
Microdermabrasion | 50 |
Chemical exfoliation | 75 |
Lymphatic drainage treatments | 50 |
TOTAL | 215 |
Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007.
For an esthetics course, an esthetics school must have at least one treatment table, one magnifier lamp, one steamer, one adjustable stool, and one table for instruments and products for each two students enrolled in the class.
For each procedure taught in the esthetics curriculum, the esthetics school must have at least one set of the applicable equipment for each three students enrolled in the class.
For a master esthetics course, an esthetics school must have at least one treatment table, one woods lamp, one adjustable stool, and one table for instruments and products for each two students enrolled in the class.
For each procedure taught in the master esthetics curriculum, the esthetics school must have at least one set of the applicable equipment for each six students enrolled in the class.
Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007.
Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007; repealed, Virginia Register Volume 33, Issue 08, February 1, 2017.
Schools shall maintain on the premises of each school and available for inspection by the board or any of its agents the following records for the period of a student's enrollment through five years after the student's completion of the curriculum, termination, or withdrawal:
Enrollment application containing the student's signature and a two-inch by two-inch color head and shoulders photograph of the student,
Daily record of attendance containing the student's signature,
Student clock hours containing the student's signature and method of calculation,
Practical performance completion sheets containing the student's signature,
Final transcript
Competency examinations used to award credit,
Course descriptions, and
All other relevant documents that account for a student's accrued clock hours and practical applications.
Schools shall produce to the board or any of its agents, within 10 days of the request, any document, book, or record concerning any student, or for which the licensee is required to maintain records, for inspection and copying by the board or its agents. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.
Schools shall, within 21 days upon receipt of a written request from a student, provide documentation of hours and performances completed by the student as required to be maintained by subsection A of this section.
Prior to a school changing ownership or a school closing, the school is required to provide to current students documentation of hours and performances completed.
For a period of one year after a school changes ownership, the school shall provide, within 21 days upon receipt of a written request from a student, documentation of hours and performances completed by a current student.
Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 08, February 1, 2017.
Schools shall provide, in a manner, format, and frequency prescribed by the board, a roster of all current students and a roster of students who attended in the preceding six months prior to the reporting deadline.
Within 30 days of ceasing to operate, whether through dissolution or alteration of the business entity, the school shall provide a written report to the board on performances and hours of each of its students who has not completed the program.
Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 08, February 1, 2017.
Each licensed spa or school shall ensure that no licensee or student performs any service beyond the scope of practice for the esthetician or master esthetician license.
For chemical exfoliation of the epidermis by a licensed master esthetician, the standards for use of an exfoliator or concentration of acids shall be:
Jessner and Modified Jessner solution;
Trichloracetic acid less than 20%;
Nonprescriptive alpha hydroxyl acids;
Nonprescriptive beta hydroxyl acids;
Nonprescriptive, commercially available products used in accordance with manufacturer's written instructions;
Vitamin-based acids;
Enzymes; or
Herbal exfoliators.
Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007.
Each licensed spa or school shall ensure that all current licenses and temporary licenses issued by the board shall be displayed in plain view of the public either in the reception area or at individual work stations of the spa or school. Duplicate licenses or temporary licenses shall be posted in a like manner in every spa or school location where the licensee or temporary license holder provides services.
All licensees and temporary license holders shall operate under the name in which the license or temporary license is issued.
All apprenticeship cards issued by the Department of Labor and Industry (DOLI) shall be displayed in plain view of the public either in the reception area or at individual work stations of the shop or salon. The apprentice sponsor shall require each apprentice to wear a badge clearly indicating his status as a DOLI registered apprentice.
Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 08, February 1, 2017.
Sanitation and safety standards.
Any spa or school where esthetics services are delivered to the public must be clean and sanitary at all times.
Compliance with these rules does not confer compliance with other requirements set forth by federal, state, and local laws, codes, ordinances, and regulations as they apply to business operation, physical construction and maintenance, safety, and public health.
Licensees shall take sufficient measures to prevent the transmission of communicable and infectious diseases and comply with the sanitation standards identified in this section and shall ensure that all employees likewise comply.
Disinfection and storage of implements.
A wet disinfection unit is a container large enough to hold a disinfectant solution in which the objects to be disinfected are completely immersed. A wet disinfection unit must have a cover to prevent contamination of the solution. The solution must be a hospital grade and tuberculocidal disinfectant solution registered with the U.S. Environmental Protection Agency (EPA). Disinfectant solutions shall be used according to manufacturer's directions.
Disinfection of multiuse items constructed of hard, nonporous materials such as metal, glass, or plastic, which the manufacturer designed for use on more than one client, is to be carried out in the following manner prior to servicing a client:
Remove all foreign matter from the object, utilizing a brush if needed. Drill bits are to be soaked in acetone and scrubbed with a wire brush to remove all foreign matter;
Wash thoroughly with hot water and soap;
Rinse thoroughly with clean water and dry thoroughly with a clean paper towel;
Fully immerse implements into solution for a minimum of 10 minutes; and
After immersion, rinse articles, thoroughly dry with a clean paper towel, and store in a clean predisinfected and dry cabinet, drawer, or nonairtight covered container, or leave instruments in an EPA-registered disinfection storage solution used according to manufacturer's directions.
Single-use items designed by the manufacturer for use on no more than one client should be discarded immediately after use on each individual client, including powder puffs, lip color, cheek color, sponges, styptic pencils, or nail care implements. The disinfection and reuse of these items is not permitted and the use of single-use items on more than one client is prohibited.
For the purpose of recharging, rechargeable tools or implements may be stored in an area other than in a closed cabinet or container. This area shall be clean.
All materials including cosmetic and nail brushes, sponges, chamois, spatulas, and galvanic electrodes must be cleaned with warm water and soap or detergent to remove all foreign matter. Implements should then be rinsed, thoroughly dried with a clean paper towel, and completely immersed in an EPA-registered hospital grade and tuberculocidal disinfectant solution. Such implements shall be soaked for 10 minutes or more, removed, rinsed, dried thoroughly, and stored in a predisinfected and dry drawer, cabinet or nonairtight covered container, or left in an EPA-registered disinfection storage solution used according to manufacturer's directions.
All wax pots shall be cleaned and disinfected with an EPA-registered hospital grade and tuberculocidal disinfectant solution with no sticks left standing in the wax at any time. The area immediately surrounding the wax pot shall be clean and free of clutter, waste materials, spills, and any other items that may pose a hazard.
Each esthetician must have a wet disinfection unit at his station.
Nail brushes; nippers; finger bowls; disinfectable or washable buffers; disinfectable or washable files, which must also be scrubbed with a brush to remove all foreign matter; and other instruments must be washed in soap and water, rinsed, thoroughly dried with a clean paper towel, and then completely immersed in an EPA-registered hospital grade and tuberculocidal disinfectant solution for 10 minutes after each use. After disinfection they must be rinsed, dried thoroughly with a clean paper towel, and placed in a dry, predisinfected, nonairtight covered receptacle, cabinet, or drawer, or left in an EPA-registered disinfectant storage system used according to manufacturer's directions.
Sinks, bowls, tubs, whirlpool units, air-jetted basins, pipe-less units, and non-whirlpool basins used in the performance of nail care shall be maintained in accordance with manufacturer's recommendations. They shall be cleaned and disinfected immediately after each client in the following manner:
General areas for client use must be neat and clean with a waste receptacle for common trash;
Electrical cords shall be placed to prevent entanglement by the client or licensee and electrical outlets shall be covered by plates;
All sharp tools, implements, and heat-producing appliances shall be in safe working order at all times, safely stored, and placed so as to prevent any accidental injury to the client or licensee;
The spa area shall be sufficiently ventilated to exhaust hazardous or objectionable airborne chemicals and to allow the free flow of air; and
Adequate lighting shall be provided.
Articles, tools, and products.
Any multiuse article, tool, or product that cannot be cleansed or disinfected is prohibited from use;
Soiled implements must be removed from the tops of work stations immediately after use;
Clean spatulas, other clean tools, or clean disposable gloves shall be used to remove bulk substances from containers;
Lotions, ointments, creams, and powders shall be labeled and kept in closed containers. A clean spatula shall be used to remove creams or other products from jars. Sterile cotton or sponges shall be used to apply creams, lotions, and powders. Cosmetic containers shall be covered after each use;
All appliances shall be safely stored;
Presanitized tools and implements, linens, and equipment shall be stored for use in a sanitary enclosed cabinet or covered receptacle;
Clean towels, robes, or other linens shall be used for each patron. Clean towels, robes, or other linens shall be stored in a clean predisinfected and dry cabinet, drawer, or nonairtight covered container. Soiled towels, robes, or other linens shall be stored in a container enclosed on all sides including the top, except if stored in a separate laundry room;
No substance other than a sterile styptic powder or sterile liquid astringent approved for homeostasis and applied with a sterile single-use applicator shall be used to check bleeding; and
Any disposable material making contact with blood or other body fluid shall be disposed of in a sealed plastic bag and removed from the spa or school in accordance with the guidelines of the Virginia Department of Health and OSHA (Occupational Safety and Health Administration).
Chemical storage and emergency information.
Spas and schools shall have in the immediate working area a binder with all Safety Data Sheets (SDS) provided by manufacturers for any chemical products used;
Spas and schools shall have a blood spill clean-up kit in the work area that contains at a minimum latex gloves, two 12-inch by 12-inch towels, one disposable trash bag, bleach, one empty spray bottle, and one mask with face shield or any OSHA-approved blood spill clean-up kit;
Flammable chemicals shall be labeled and stored in a nonflammable storage cabinet or a properly ventilated room; and
Chemicals that could interact in a hazardous manner (e.g., oxidizers, catalysts, and solvents) shall be labeled and separated in storage.
Client health guidelines.
All employees providing client services shall cleanse their hands with an antibacterial product prior to providing services to each client;
All employees providing client services shall wear gloves while providing services when exposure to bloodborne pathogens is possible;
No spa or school providing esthetics services shall have on the premises esthetics products containing hazardous substances that have been banned by the U.S. Food and Drug Administration (FDA) for use in esthetics products;
No product shall be used in a manner that is disapproved by the FDA; and
Esthetics spas must be in compliance with current building and zoning codes.
In addition to the requirements set forth in this section, all licensees and temporary license holders shall adhere to regulations and guidelines established by the Virginia Department of Health and the Occupational and Safety Division of the Virginia Department of Labor and Industry.
All spas and schools shall immediately report the results of any inspection of the spa or school by the Virginia Department of Health as required by § 54.1-705 of the Code of Virginia.
All spas and schools shall conduct a self-inspection on an annual basis and maintain a self-inspection form on file for five years so that it may be requested and reviewed by the board at its discretion.
Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 08, February 1, 2017.
The board may, in considering the totality of the circumstances, fine any licensee, certificate holder, or temporary license holder, and suspend, place on probation, or revoke or refuse to renew or reinstate any license, certificate, or temporary license, or deny any application issued under the provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia and this chapter if the board finds that the licensee, certificate holder, permit holder, or applicant:
Is incompetent, negligent, or incapable mentally or physically, as those terms are generally understood in the profession, to practice as an esthetician;
Is convicted of fraud or deceit in the practice or teaching of esthetics, fails to teach in accordance with the board-approved curriculum, or fails to comply with 18VAC41-70-190 D when making an assessment of credit hours awarded;
Attempts to obtain, obtained, renewed, or reinstated a license certificate or temporary license by false or fraudulent representation;
Violates or induces others to violate, or cooperates with others in violating, any of the provisions of this chapter or Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or any local ordinance or regulation governing standards of health and sanitation of the establishment in which any esthetician may practice or offer to practice;
Offers, gives, or promises anything of value or benefit to any federal, state, or local employee for the purpose of influencing that employee to circumvent, in the performance of his duties, any federal, state, or local law, regulation, or ordinance governing esthetics or master esthetics;
Fails to respond to the board or any of its agents or provides false, misleading, or incomplete information to an inquiry by the board or any of its agents;
Fails or refuses to allow the board or any of its agents to inspect during reasonable hours any licensed shop, salon, or school for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter;
Fails to produce, upon request or demand of the board or any of its agents, any document, book, record, or copy thereof in a licensee's, certificate holder's, temporary license holder's, applicant's, or owner's possession or maintained in accordance with this chapter;
Fails to notify the board of a change of name or address in writing within 30 days of the change for each and every license, certificate, or temporary license;
Makes any misrepresentation or publishes or causes to be published any advertisement that is false, deceptive, or misleading;
Fails to notify the board in writing within 30 days of the suspension, revocation, or surrender of a license or temporary license in connection with a disciplinary action in any jurisdiction or of any license or temporary license that has been the subject of disciplinary action in any jurisdiction;
Has been convicted or found guilty, regardless of the manner of adjudication, in Virginia or any other jurisdiction of the United States of a misdemeanor involving moral turpitude, sexual offense, drug distribution, or physical injury or any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such conviction or guilt;
Fails to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty regardless of adjudication of convictions as stated in subdivision 12 of this section;
Allows, as responsible management of a spa or school, a person who has not obtained a license or a temporary permit to practice unless the person is duly enrolled as a registered apprentice;
Allows, as responsible management of a school, a person who has not obtained an instructor certificate to practice as an esthetics or a master esthetics instructor;
Fails to take sufficient measures to prevent transmission of communicable or infectious diseases or fails to comply with sanitary requirements provided for in this chapter or any local, state, or federal law or regulation governing the standards of health and sanitation for the practices of esthetics or master esthetics, or the operation of esthetics spas; or
Fails to comply with all procedures established by the board and the testing service with regard to conduct at any board examination.
Historical Notes
Derived from Volume 23, Issue 25, eff. September 20, 2007; amended, Virginia Register Volume 33, Issue 08, February 1, 2017.