Title of Regulation: 18VAC41-20. Barbering and Cosmetology Regulations (amending 18VAC41-20-200).

Statutory Authority: § 54.1-201 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: December 13, 2017.

Effective Date: January 1, 2018.

Agency Contact: Demetrios J. Melis, Executive Director, Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8590, FAX (866) 245-9693, or email barbercosmo@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia grants authority to the Board for Barbers and Cosmetology to promulgate regulations "in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) necessary to assure continued competency, to prevent deceptive or misleading practices by practitioners and to effectively administer the regulatory system administered by the regulatory board." The board is the promulgating entity for regulations governing wax technicians, estheticians, and the schools and instructors responsible for their training. Section 54.1-704.2 of the Code of Virginia specifically references the board's jurisdiction over schools, and § 54.1-706 of the Code of Virginia provides discretionary authority for the board to establish different requirements for the different license types.

Purpose: This amendment is needed for consistency in the interpretation and application of the board's laws and regulations. Section 54.1-700 of the Code of Virginia defines esthetics to include the removal of unwanted hair from the body (by nonlaser methods). As a result, those board licensees permitted to remove unwanted hair are licensed wax technicians, licensed cosmetologists, and licensed estheticians and master estheticians.

The board's regulations governing cosmetology and wax technicians (18VAC41-20) currently restrict anyone from teaching the wax curriculum in waxing schools except licensed and certified wax technician instructors or cosmetology instructors. Licensed and certified esthetics instructors and master esthetics instructors are already trained to teach students on waxing in esthetics schools under the board's esthetics regulations (18VAC41-70). The board determined esthetician and master esthetician training in the removal of hair is equivalent to or greater than that required by cosmetology training.

The amendment to 18VAC41-20-200 allows esthetics instructors and master esthetics instructors to teach the waxing program; they already cover waxing and hair removal techniques as part of the esthetics curriculum in waxing schools, and poses no additional risk to public health, safety, or welfare.

Rationale for Using Fast-Track Rulemaking Process: The fast-track rulemaking process is being used to amend the board's regulatory language for consistency in the interpretation and application of § 54.1-700 of the Code of Virginia, which defines those license types approved for waxing. The change is not expected to be controversial because members of the regulated community requested the change, it lowers the burden of the current regulatory restriction, and it will increase the overall availability of qualified instructors in waxing programs.

Substance: The board's amendment to 18VAC41-20-200 updates the requirements applicable to schools, to standardize who may teach waxing at waxing schools by allowing licensed and certified esthetics instructors and master esthetics instructors to teach at waxing schools.

Issues: The primary advantage of allowing esthetics instructors and master esthetics instructors to teach waxing at waxing schools is that it promotes economic growth opportunities. By increasing the number of available instructors for waxing schools, program costs may be reduced for students. This in turn may lead to an increase in the number of students graduating, obtaining licensure, and participating in the waxing profession.

Moreover, this regulatory change will offer esthetics instructors and master esthetics instructors more employment opportunities under their current scope of practice, without any additional training requirements. There are no disadvantages to the public or individual private citizens or businesses.

The primary advantage to the Commonwealth is that the regulatory program will be more consistent by allowing all licensed instructors who are trained in waxing to teach at waxing schools. Currently, while both cosmetologists and estheticians are trained in waxing, only cosmetology and wax technician instructors can teach waxing. There are no identified disadvantages to the agency or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board for Barbers and Cosmetology (Board) proposes to allow licensed and certified esthetics instructors and master esthetics instructors to teach at waxing schools.

Result of Analysis. Benefits likely outweigh costs for this proposed regulatory change.

Estimated Economic Impact. Currently regulation allows licensed and certified cosmetology instructors to instruct students in waxing programs. Esthetic instructors and master esthetic instructors currently may teach the same waxing skills as are taught in waxing schools but may only do so in esthetics schools. The Board now proposes to allow esthetics instructors and master esthetics instructors to also teach waxing in waxing schools. This change will likely benefit esthetics instructors and master esthetics instructors as it will broaden their potential job opportunities. This change will also benefit waxing schools as they will have a larger pool of instructors from whom to hire.

Businesses and Entities Affected. This change will affect esthetics instructors and master esthetics instructors as well as waxing schools. Board staff reports that the Board currently licenses or certifies 53 individuals as esthetics instructors or master esthetics instructors and that there are 10 waxing schools in the Commonwealth

Localities Particularly Affected. No localities will be particularly affected by this proposed change.

Projected Impact on Employment. This proposed regulatory change may allow the mix of instructors in waxing schools to change, but it is unlikely to increase employment in that field.

Effects on the Use and Value of Private Property. This proposed regulatory change is unlikely to affect the use or value of private property in the Commonwealth.

Real Estate Development Costs. These proposed regulatory changes are unlikely to affect real estate development costs in the Commonwealth.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. Small businesses are unlikely to incur any additional costs on account of this regulatory change. Small business waxing schools will likely benefit as they will have a larger pool of possible instructors from which to hire.

Alternative Method that Minimizes Adverse Impact. Small businesses are unlikely to incur any costs on account of this regulatory action.

Adverse Impacts:

Businesses. Businesses are unlikely to be adversely affected by this regulatory change.

Localities. No locality is likely to suffer adverse impacts on account of this proposed regulatory change.

Other Entities. No other entities are likely to suffer adverse impacts on account of this proposed regulatory change.

Agency's Response to Economic Impact Analysis: The agency concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The amendment allows licensed and certified esthetics instructors and master esthetics instructors to teach the wax technician curriculum at waxing schools.

18VAC41-20-200. General requirements.

A barber, cosmetology, nail, or waxing school shall:

1. Hold a school license for each and every location.

2. Hold a salon license if the school receives compensation for services provided in its clinic.

3. Employ a staff of and ensure all training is conducted by licensed and certified barber, cosmetology, nail technician, or wax technician instructors, respectively.

a. Licensed and certified cosmetology instructors may also instruct in nail and waxing programs.

b. Licensed and certified esthetics instructors and master esthetics instructors may also instruct in waxing programs.

4. Develop individuals for entry level competency in barbering, cosmetology, nail care, or waxing.

5. Submit its curricula for board approval. All changes to curricula must be resubmitted and approved by the board.

a. Barber curricula shall be based on a minimum of 1,500 clock hours and shall include performances in accordance with 18VAC41-20-220.

b. Cosmetology curricula shall be based on a minimum of 1,500 clock hours and shall include performances in accordance with 18VAC41-20-220.

c. Nail technician curricula shall be based on a minimum of 150 clock hours and shall include performances in accordance with 18VAC41-20-220.

d. Wax technician curricula shall be based on a minimum of 115 clock hours and shall include performances in accordance with 18VAC41-20-220.

6. 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 shop or salon in plain view of the public.

7. Conduct classroom instruction in an area separate from the clinic area where practical instruction is conducted and services are provided.

8. Possess the necessary equipment and implements to teach the respective curriculum. If any such equipment or implement is not owned by the school, then a copy of all agreements associated with the use of such property by the school shall be provided to the board.

FORMS (18VAC41-20)

Barber – Barber Instructor Examination & License Application, A450-1301_02EXLIC-v13 (rev. 2/2017)

Cosmetology – Cosmetology Instructor Examination & License Application, A450-1201_04EXLIC-v16 (rev. 2/2017)

Nail Technician – Nail Technician Instructor Examination & License Application, A450-1206_07EXLIC-v14 (rev. 2/2017)

Wax Technician – Wax Technician Instructor Examination & License Application, A450-1214_15EXLIC-v13 (rev. 2/2017)

Temporary Permit Application, A450-1213TEMP-v2 (rev. 2/2017)

License by Endorsement Application, A450-1213END-v10 (rev. 2/2017)

Training & Experience Verification Form, A450-1213TREXP-v6 (eff. 2/2017)

Individuals – Reinstatement Application, A450-1213REI-v9 (rev. 2/2017)

Salon, Shop, Spa & Parlor License/Reinstatement Application A450-1213BUS-v9 (rev. 2/2017)

Salon, Shop & Spa Self Inspection Form, A450-1213_SSS_INSP-v2 (eff. 5/2016)

Instructor Certification Application, A450-1213INST-v8 (rev. 2/2017)

Instructor Certification Application, A450-1213INST-v9 (rev. 1/2018)

Student Instructor – Temporary Permit Application A450-1213ST_TEMP-v2 (rev. 2/2017)

School License Application, A450-1213SCHL-v10 (rev. 2/2017)

School Reinstatement Application A450-1213SCHL-REIN-v3 (eff. 2/2017)

School Self-Inspection Form, A450-1213_SCH_INSP-v4 (eff. 5/2016)

Licensure Fee Notice, A450-1213FEE-v7 (rev. 1/2017)

Change of Responsible Management Application, A450-1213CRM-v1 (rev. 2/2017)