TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BARBERS AND COSMETOLOGY

Proposed Regulation

Titles of Regulations: 18VAC41-20. Barbering and Cosmetology Regulations (amending 18VAC41-20-100, 18VAC41-20-110, 18VAC41-20-200, 18VAC41-20-210, 18VAC41-20-220, 18VAC41-20-260).

18VAC41-70. Esthetics Regulations (amending 18VAC41-70-100, 18VAC41-70-180, 18VAC41-70-190, 18VAC41-70-260; repealing 18VAC41-70-110).

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

Public Hearing Information: July 15, 2024 - 10 a.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Boardroom 3, Suite 200, Richmond, VA 23233.

Public Comment Deadline: July 19, 2024.

Agency Contact: Kelley Smith, 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 gives authority to the board to promulgate regulations. The section states, in part, that the board has the power and duty to promulgate regulations, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), necessary to ensure continued competency, to prevent deceptive or misleading practices by practitioners, and to effectively administer the regulatory system administered by the regulatory board.

Purpose: The board is amending its current regulations to make them as minimally intrusive and burdensome as possible to contribute to a regulatory environment that protects the public's health, safety, and welfare with the fewest restrictions. The existing regulations are inconsistent and impose excessive burdens on instructor applicants. The amended regulation aligns the standards for the barber, cosmetology, nail, and wax instructor curricula with the requirements for esthetic instructor curricula. The board determined that the esthetic instructor curriculum is adequate for all professions and provides educational consistency across programs.

The amendments to the regulation make the procedure easier for schools and instructors. The amendments eliminate the need for duplicate applications and the additional payments associated with acquiring multiple instructor licenses. The regulatory change establishes equivalent educational requirements for esthetics, barber, cosmetology, nail, and wax technicians. Establishing a uniform instructor program for all license types eliminates inconsistencies in the instructor training programs, simplifies the application process, and makes it more affordable for schools and instructors.

Substance: 18VAC41-20-100. General requirements for an instructor certificate. The proposed amendments eliminate duplicative phrases, clarify the standards for instructor training and removes profession-specific terminology for acquiring an instructor license through a course or examination, and allow the instructor certificate to apply to all non-body art professions in which the individual is licensed.

18VAC41-20-110. Student Instructor temporary permit. The proposed amendments streamline the requirements for student-instructor training while eliminating profession-specific requirements for their direct supervision and allow student temporary permit holders who are taking the exam to get an additional permit if needed.

18VAC41-20-200. General requirements. The proposed amendments require that instructor programs be taught by a certified instructor and that instructor curricula include student teaching.

18VAC40-20-210. Curriculum requirements. The proposed amendments add a curriculum outline for the instructor curricula requirements.

18VAC41-20-220. Practical performance requirements. The proposed amendments remove redundant curricula requirements already listed in 18VAC40-20-200.

18VAC41-20-260. Display of license. The proposed amendments remove a reference to the Department of Labor and Industry (DOLI) issued apprenticeship cards, which DOLI no longer utilizes.

18VAC41-70-100. General requirements for an instructor certificate. The proposed amendments (i) combine the qualifications for esthetic instructors and master esthetic instructors, which are identical but listed separately in the current regulations; (ii) align instructor certification requirements with the Board for Barbers and Cosmetology regulations; and (iii) add the option for instructors to pass an instructor examination offered by the board or testing service acting on behalf of the board and eliminating the state board exam requirement from the instructor school qualification method.

18VAC41-70-110. General requirements for an instructor certificate. The proposed amendments repeal the section as it has been combined with 18VAC41-70-100.

18VAC41-70-180. General requirements. The proposed amendment clarifies that the instructor program must be taught by a certified instructor.

18VAC41-70-190. Curriculum and hours of instruction requirements. The proposed amendments clarify and unify the criteria for instructor education and update the list of core courses to align the esthetic and master esthetic instructor curriculum with the barbers, cosmetology, nail, and waxing instructor curriculum.

18VAC41-70-260. Display of license. The proposed amendments clarify and standardize this portion of the regulation. Apprenticeship cards are no longer distributed by DOLI.

Issues: The proposed regulatory action has several advantages to the public. One advantage is the standardization of the instructor curriculum, which will ensure consistency across programs. The esthetics, barbers, cosmetologists, nail technician, and wax technician instructor programs will be identical. The new rule requires schools to submit a single instructor program curriculum and allows licensed instructors to teach the instructor program for any non-body art profession in which they are licensed. The amendments mandate that schools offer only one cost-effective curriculum for the instructor program.

A significant benefit is that instructors can teach all professions in which they are licensed, which reduces costs. Currently, instructors must hold an instructor certificate for each profession, even though the instructor programs and qualifications are largely the same. This has resulted in licensed instructors repeating training to get an instructor certificate to teach in another profession in which they hold a license. The new instructor certification covers the occupations in which they hold a license, eliminating the need to submit numerous instructor applications. The proposed amendments will benefit the public by establishing clear instructor guidelines for non-body art professions.

There is a disadvantage to the amended regulation. The proposed curricula may require a change in program for existing licensed schools. Accredited cosmetology, barber, nail, and wax schools may have to resubmit their program for review by their accreditor, incurring additional fees. There are approximately 34 accredited schools that would be impacted.

The benefit to the department is that it reduces the complexity of the instructor program application review process. Currently, there is not a specific curriculum for instructor programs, and staff spend significant time speaking with schools about what should constitute an acceptable instructor program when no curriculum is mandated in the regulations. By identifying a specific set of courses and only requiring one instructor program per school, this will reduce the volume and duration of review for instructor program applications.

Department of Planning and Budget's Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia (Code) and Executive Order 14 (as amended, July 16, 2018). The analysis presented represents DPB's best estimate of these economic impacts.¹

Summary of the Proposed Amendments to Regulation. The Board for Barbers and Cosmetology (Board) proposes to unify the instructor certification training curriculum for professionals who are licensed under the Board's Barbering and Cosmetology Regulations (18VAC41-20) and Esthetics Regulations (18VAC41-70). The proposed changes would establish a uniform instructor curriculum and practical training requirement for student instructors regardless of their profession. The proposed changes would also specify that certified instructors may only teach in a profession in which they hold the underlying license. That is, only licensed barber instructors could provide instruction in a barber training program.²

Background. The barbering and cosmetology regulation currently does not contain any curriculum hours or topics for instructor training programs or certification.³ In contrast, the esthetics regulation currently requires instructor programs to provide 400 credit hours of training covering a specific list of topics (18VAC41-70-190 E), and also maintains separate requirements for instructor certification. (More specifically, 18VAC41-70-100 addresses the requirements for esthetics instructor certification, and 18VAC41-70-110 addresses the requirements for master esthetics instructor certification.)⁴ Generally, the required topics in the instructor curricula cover course development, lesson planning, teaching techniques, learning styles, recordkeeping, and other topics that pertain to teaching, rather than the underlying material being taught.

Under the status quo, barber and cosmetology schools offer four separate instructor training programs that lead to a certificate: a barber instructor, a cosmetologist instructor, a nail technician instructor, and a wax instructor. In addition, each instructor training program is taught by a certified instructor who holds the corresponding professional license; in other words, instructor training programs for barbers are taught by a certified instructor who is licensed as a barber. Lastly, students in an instructor program must hold a professional license and be in good standing in the same profession in which they seek instructor certification. As a result, schools must submit separate applications to the Board for each instructor certification program, and professionals who hold multiple licenses are required to (a) undertake separate instructor training programs, (b) obtain separate instructor certifications to teach in each area, and (c) be licensed in good standing in each area in which they wish to be certified as an instructor.

The Board seeks to unify the requirements for barber, cosmetology, nail technician, and wax technician instructor certifications by specifying that instructor training programs cover the same topics currently required of esthetics instructors and include student teaching. In addition, the professional license held by a certified instructor teaching the instructor program and the professional licenses held by students in the instructor program would no longer be a consideration. This would be accomplished by making the following changes to 18VAC41-20, Barbering and Cosmetology Regulations: ·

Section 20-100 would be amended to establish a single instructor certification program by removing references to profession-specific instructor programs. The requirements to undertake instructor training would similarly be amended so that students would be required to hold any (one or more) of the barber-cosmetology professional licenses and be in good standing in the profession(s) in which they are licensed.

Section 20-110 would be amended to remove references to the specific professional license held by the instructor of the instructor training program. The amended language would require student instructors to practice teaching under the supervision of a certified instructor. (The implication here is that the specific professional license held by that instructor would be moot, as long as it was one of the barber-cosmetology licenses.)

Section 20-200 would be amended to add that instructor programs shall include student teaching and to specify that the instructor training program be taught by a certified instructor. (The implication here is that the specific professional license held by that instructor would be moot, as long as it was one of the barber-cosmetology licenses.)

Section 20-210 would be amended to add curriculum requirements for the instructor training program. These requirements largely match the existing requirements for esthetician instructors in section 70-190 and focus on how to provide instruction rather than the subject matter that would be taught. The following topics that are not currently in 70-190 would be added: introduction to teaching, professional ethics, supervision of clinic floor, and practicum teaching.

The Board also proposes to amend section 20-220 to remove redundant language regarding hours of instruction that can be found in 20-200, and to amend 20-260 to remove outdated references to apprenticeship cards that are no longer utilized.

The Board similarly seeks to unify the requirements for esthetician and master esthetician instructor certifications by making the following changes to 18VAC41-70, Esthetics Regulations:

Repeal section 70-110 and combine the requirements for esthetics and master esthetics instructor certification under section 70-100 by replacing esthetician with esthetician and master esthetician. This would allow a certified instructor with either an esthetician license or a master esthetician license to teach an instructor training program for licensed estheticians and licensed master estheticians.

Amend section 70-180 to specify that instructor programs must be taught by a certified instructor. (The implication being that the specific professional license held by that instructor would be moot, as long as it was either of the esthetician licenses.)

Amend section 70-190 so that the instructor curriculum requirements match those being added to 20- 210. Specifically, the following topics would be added to the curriculum: introduction to teaching, professional ethics, supervision of clinic floor, and practicum teaching.

Estimated Benefits and Costs. The proposed changes primarily benefit barber, cosmetology, nail technician, and wax technician schools that currently offer instructor training programs and will also benefit esthetician schools that offer instructor training programs. These instructor programs would potentially benefit from higher enrollment by being able to enroll students with other professional licenses that fall under the same regulation. They would also benefit from greater flexibility in hiring instructors to instruct and supervise the student instructors, since the professional license held by that instructor would no longer be a consideration. The barber-cosmetology instructor programs may face some initial costs in reworking their curriculum to meet the requirements that would be added to sections 20-200 and 20-210 and resubmitting it for Board approval. Although the Department of Professional and Occupational Regulation (DPOR) has indicated that they will not have to pay any fees relating to the Board review and approval process, these schools will likely incur some one-time costs from developing a new curriculum.⁵ However, the benefits in terms of higher enrollment and lower hiring costs would accrue over time and thereby would likely exceed the one-time costs associated with curriculum development. Furthermore, these one-time costs would be minimized since the curriculum requirements would be explicitly spelled out in section 20-210.

DPOR reports that 20 schools already offer multiple profession-specific instructor training programs; these schools would be able to replace them with a single instructor training program and thereby may be able to hire fewer instructors to teach and supervise student instructors. These schools would benefit the most in terms of reduced administrative costs once their new unified instructor curriculum is approved by the Board. They may also benefit from increased enrollment by being able to enroll students with professional licenses other than the ones for which they currently offer instruct training.⁶

DPOR currently charges a $100 fee per program for schools that add a program of instruction and anticipates that they may forego new program fees for two or three instructor program applications per year from schools that specifically seek to add profession-specific instructor programs. However, consolidating the instructor programs may also make it cost-effective for some barber-cosmetology schools that do not currently offer any instructor training programs to do so. Schools newly seeking to offer an instructor training program would benefit from only having to pay the new program fee once and only having to submit one curriculum for Board approval. This could offset any loss in new program fees for DPOR. An increase in the availability of instructor training programs would lower the cost of obtaining instructor certification, which would increase the supply of certified instructors in the state, making it easier and cheaper for other barber-cosmetology and esthetician schools to hire instructors.

Lastly, the proposed changes would also benefit practitioners who have multiple licenses and want to instruct in all the fields in which they are licensed, since they would only have to undergo instructor certification once to be able to teach in all the fields in which they are licensed instead of undertaking separate instructor certification for each field.

Barber-cosmetology and esthetics schools that do not currently offer an instructor program, and that do not start offering an instructor program after the proposed changes go into effect, would only be affected indirectly, to the extent that the proposed changes affect the supply of certified instructors who hold the requisite professional licenses in the local market.

Businesses and Other Entities Affected. The proposed amendments primarily affect barber-cosmetology and esthetician schools that offer instructor programs. DPOR reports that as of January 1, 2022, there are 87 schools with instructor programs, of which 20 schools have more than one instructor program, and 32 are accredited.⁷ As mentioned previously, consolidating the instructor program requirements across professions may make it cost-effective for some barber-cosmetology schools to start offering instructor training programs in addition to their existing barber-cosmetology training programs. Thus, the proposed amendments could lead to a growth in instructor certification programs, which could lead to greater employment for currently certified instructors. DPOR reports that as of January 1, 2022, there are 345 barber instructors, 2,430 cosmetology instructors, 253 nail instructors, 25 wax instructors, and 70 esthetics instructors. There are approximately 60 individuals that have an instructor certificate in more than one profession. The proposed amendments would also benefit individuals with more than one professional license under the barber-cosmetology regulations who are interested in instructing in both (or all) the fields in which they are licensed; the number of such individuals is unknown.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁸ An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. As noted above, the proposed amendments benefit schools offering instructor programs by standardizing requirements and allowing greater flexibility with respect to who can teach and enroll in an instructor program. Although these schools may face costs to rework their curriculum and get it approved by the Board (and by the accrediting body, where applicable) these one-time costs are unlikely to exceed the ongoing benefits of increased enrollment. Thus, an adverse impact is not indicated.

Small Businesses⁹ Affected:¹⁰ The proposed amendments do not appear to adversely affect small businesses.

Types and Estimated Number of Small Businesses. Affected All 87 schools with instructor programs would be considered small businesses. Other barber-cosmetology and esthetics schools that do not currently offer instructor programs, but may choose to in the future, would likely also be considered small businesses.

Costs and Other Effects. As mentioned previously, the proposed amendments would require a one-time administrative time cost for these schools because they would have to change their instructor curriculum to match the requirements that would be added to section 20-210. However, they would also potentially have higher enrollment and greater flexibility and/or lower costs in hiring instructors to teach the instructor programs. Since the permanent benefits likely outweigh the one-time costs, an adverse economic impact¹¹on small barber-cosmetology and esthetics schools is not indicated.

Alternative Method that Minimizes Adverse Impact. Although the Board proposes these changes at its discretion, there are no clear alternative methods that both reduce adverse impact and meet the intended policy goals.

Localities¹² Affected.¹³ The proposed amendments would impact all barber-cosmetology and esthetics schools that offer teaching programs, regardless of their location. The proposed amendments do not introduce costs for local governments.

Consequently, an adverse economic impact¹⁴ is not indicated for localities.

Projected Impact on Employment. The proposed amendments could lead to a growth in instructor certification programs, which could lead to greater employment for currently certified instructors as well as increased supply of certified instructors in the future. More than 3,000 currently certified instructors could benefit from this change. However, since instructor programs would no longer be program specific, some certified instructors currently teaching in schools with multiple instructor program may lose their jobs if the schools decide to unify the programs and only retain one instructor.

Effects on the Use and Value of Private Property. The proposed amendments may increase the value of barber-cosmetology and esthetics schools that have an instructor program by potentially increasing their enrollment and lowering teaching and administrative costs. The proposed amendments do not affect real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

²Two exceptions are allowed in 18VAC20-200: licensed and certified cosmetology instructors may instruct in nail and wax technician programs, and licensed and certified esthetics instructors may instruct in wax programs. These exceptions would be preserved by this action.

³The Department of Professional and Occupational Regulation reports that most instructor programs are currently around 400 hours, but they can range from 200 to 600 hours See Agency Background Document (ABD), page 5. https://townhall.virginia.gov/l/GetFile.cfm?File=134\5719\9547\AgencyStatement_DPOR_9547_v3.pdf.

⁴The master esthetician license is cumulative; applicants for a master esthetician license must first obtain an esthetics license. (Per the definition of master esthetician in § 54.1-700 of the Code of Virginia.)

⁵DPOR reports that some of these schools are accredited and may face some administrative costs from getting changes to their instructor program and curriculum approved by the accrediting body. (See ABD, page 5.)

⁶School license renewals are charged a flat fee per-school and not per-program, so consolidating multiple instructor training programs into one would not reduce their license renewal fees. (Email dated March 8, 2022.)

⁷See ABD, pages 5 and 7.

⁸Pursuant to § 2.2-4007.04 D of the Code of Virginia: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define adverse impact, state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁹ 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.

¹⁰ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

¹¹ Adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined.

¹²Locality can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

¹³ Section 2.2-4007.04 defines particularly affected" as bearing disproportionate material impact.

¹⁴Adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined.

Summary:

The proposed amendments establish a uniform instructor program among licensed cosmetology, barber, nail, wax, and esthetics schools. Currently, schools with multiple licensing programs have to submit different instructor applications for each license type. Additionally, instructors are required to complete a training program for each profession. The Board for Barbers and Cosmetology proposes a standard instructor curriculum that unifies the barbers, cosmetologists, nail technician, wax technician, and esthetics instructor programs. Establishing a standard instructor program for all license types will eliminate additional costs for instructors and schools. Under the new requirements, certified instructors will be able to teach in any profession in which they hold the underlying license.

The board seeks to create an instructor curriculum that is not profession-specific. The proposed amendments align the criteria for barber, cosmetology, nail, and wax instructor curricula with the esthetic instructor requirements. The board has indicated that the esthetic instructor program's curriculum is sufficient for all professions and creates educational consistency across the programs. The proposed amendments also make technical corrections to references to the Department of Labor and Industry apprenticeship paperwork.

18VAC41-20-100. General requirements for a barber instructor certificate, cosmetology instructor certificate, nail technician instructor certificate, or wax technician an instructor certificate.

A. Any individual wishing to engage in barbering instruction, master barbering instruction, cosmetology instruction, nail care instruction, or waxing instruction in barbering, master barbering, cosmetology, nail care, or waxing shall meet the following qualifications:

1. The applicant shall be in good standing as a licensed barber, master barber, cosmetologist, nail technician, or wax technician, and instructor, respectively, in Virginia and all other jurisdictions where licensed. The applicant shall disclose to the board at the time of application for licensure any disciplinary action taken in Virginia and all other jurisdictions in connection with the applicant's practice as a barber, master barber, cosmetologist, nail technician, or wax technician, or in the practice of teaching any of those professions. This includes monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license. The applicant shall disclose to the board at the time of application for licensure if the applicant has been previously been licensed in Virginia as a barber instructor, master barber instructor, cosmetology instructor, nail technician instructor, or wax technician instructor an instructor in barbering, master barbering, cosmetology, nail care, or waxing.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein who the board deems the applicant is unfit or unsuited to engage in the instruction of barbering, cosmetology, nail care, or waxing. The board will decide each case by taking into account the totality of the circumstances. Any plea of nolo contendere or comparable plea shall be considered a disciplinary action for the purposes of this section. The applicant shall provide a certified copy of a final order, decree, or case decision by a court, regulatory agency, or board with the lawful authority to issue such order, decree, or case decision, and such copy shall be admissible as prima facie evidence of such disciplinary action;

2. The applicant shall hold a current Virginia barber, master barber, cosmetology, nail technician, or wax technician license, respectively;

3. The applicant shall:

a. Pass a course in teaching techniques at the post-secondary educational level;

b. Complete an instructor training course approved by the Virginia Board for Barbers and Cosmetology under the supervision of a certified barber, master barber, cosmetologist, nail technician, or wax technician instructor in a barber, cosmetology, nail technician, or wax technician school, respectively board; or

c. Pass an instructor examination in barber, master barber, cosmetology, nail technician, or wax technician instruction respectively, administered by the board or by a testing service acting on behalf of the board; and

4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. All misdemeanor convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury within two years of the date of the application; and

b. All felony convictions within 20 years of the date of application.

Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

B. Instructors shall be required to maintain a barber, master barber, cosmetology, nail technician, or wax technician license, respectively.

C. Certified instructors may teach in any profession for which they hold the underlying license.

18VAC41-20-110. Student instructor temporary permit.

A. A licensed barber, master barber, cosmetologist, nail technician, or wax technician may be granted a student instructor temporary permit to function under the direct supervision of a barber instructor, master barber instructor, cosmetology instructor, nail technician instructor, or wax technician instructor respectively certified instructor in a licensed school. A licensed nail technician or wax technician may also be granted a student instructor permit to function under the direct supervision of a cosmetology instructor.

B. The student instructor temporary permit shall remain in force for not more than 12 months after the date of issuance and shall be nontransferable and nonrenewable.

C. No applicant for examination shall be issued more than one student instructor temporary permit.

D. C. Student instructors may teach in any profession for which they hold the underlying license. Failure to maintain a barber, master barber, cosmetology, nail technician, or wax technician license shall disqualify an individual from holding a student instructor temporary permit.

E. D. Temporary permits shall not be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-20-100.

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, master 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.
c. Instructor programs must be taught by a certified instructor.

4. Develop Prepare individuals for entry level entry-level competency in barbering, master 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 1,100 clock hours and shall include performances in accordance with 18VAC41-20-220.

b. Master barber curricula shall be based on a minimum of 400 clock hours and shall include performances in accordance with 18VAC41-20-220.

c. Dual barber/master barber program curricula shall be based on a minimum of 1,500 clock hours and shall include performances in accordance with 18VAC41-20-220.

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

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

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

g. Instructor curricula shall include student teaching.

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.

18VAC41-20-210. Curriculum requirements.

A. Each barber school shall submit with its application a curriculum including a course syllabus, a detailed course content outline, a sample of five lesson plans, a sample of evaluation methods to be used, and a breakdown of hours and performances for all courses to be taught that will lead to licensure. The outline for barbering shall include the following:

1. School policies;

2. State law, regulations, and professional ethics;

3. Business and shop management;

4. Client consultation;

5. Personal hygiene;

6. Cutting the hair with a razor, clippers, and shears;

7. Tapering the hair;

8. Thinning the hair;

9. Shampooing the hair;

10. Shaving;

11. Trimming a moustache or beard;

12. Applying hair color;

13. Analyzing skin or scalp conditions;

14. Giving scalp treatments;

15. Giving basic facial massage or treatment;

16. Sanitizing and maintaining implements and equipment; and

17. Honing and stropping a razor.

B. Each barber school seeking to add a master barber program shall submit with its application a curriculum including a course syllabus, a detailed course content outline, a sample of five lesson plans, a sample of evaluation methods to be used, and a breakdown of hours and performances for all courses to be taught that will lead to licensure. The outline for master barbering shall include the following:

1. Styling the hair with a hand hair dryer;

2. Thermal waving;

3. Permanent waving with chemicals;

4. Relaxing the hair;

5. Lightening or toning the hair;

6. Hairpieces and wigs; and

7. Waxing limited to the scalp.

C. Each school seeking to add a dual barber/master barber program shall submit with its application a curriculum including a course syllabus, a detailed course content outline, a sample of five lesson plans, a sample of evaluation methods to be used, and a breakdown of hours and performances for all courses to be taught that will lead to licensure. The outline for dual barber/master barber program shall include the following:

1. School policies;

2. State law, regulations, and professional ethics;

3. Business and shop management;

4. Client consultation;

5. Personal hygiene;

6. Cutting the hair with a razor, clippers, and shears;

7. Tapering the hair;

8. Thinning the hair;

9. Shampooing the hair;

10. Styling the hair with a hand hair dryer;

11. Thermal waving;

12. Permanent waving with chemicals;

13. Relaxing the hair;

14. Shaving;

15. Trimming a moustache or beard;

16. Applying hair color;

17. Lightening or toning the hair;

18. Analyzing skin or scalp conditions;

19. Giving scalp treatments;

20. Waxing limited to the scalp;

21. Giving basic facial massage or treatment;

22. Hair pieces;

23. Sanitizing and maintaining implements and equipment; and

24. Honing and stropping a razor.

D. Each cosmetology school shall submit with its application a curriculum including a course syllabus, a detailed course content outline, a sample of five lesson plans, a sample of evaluation methods to be used, and a breakdown of hours and performances for all courses to be taught that will lead to licensure. The outline for cosmetology shall include the following:

1. Orientation:

a. School policies;

b. State law, regulations, and professional ethics;

c. Personal hygiene; and

d. Bacteriology, sterilization, and sanitation.

2. Manicuring and pedicuring:

a. Anatomy and physiology;

b. Diseases and disorders;

c. Procedures to include both natural and artificial application; and

d. Sterilization.

3. Shampooing and rinsing:

a. Fundamentals;

b. Safety rules;

c. Procedures; and

d. Chemistry, anatomy, and physiology.

4. Scalp treatments:

a. Analysis;

b. Disorders and diseases;

c. Manipulations; and

d. Treatments.

5. Hair styling:

a. Anatomy and facial shapes;

b. Finger waving, molding, and pin curling;

c. Roller curling, combing, and brushing; and

d. Heat curling, waving, and pressing.

6. Hair cutting:

a. Anatomy and physiology;

b. Fundamentals, materials, and equipment;

c. Procedures; and

d. Safety practices.

7. Permanent waving-chemical relaxing:

a. Analysis;

b. Supplies and equipment;

c. Procedures and practical application;

d. Chemistry;

e. Recordkeeping; and

f. Safety.

8. Hair coloring and bleaching:

a. Analysis and basic color theory;

b. Supplies and equipment;

c. Procedures and practical application;

d. Chemistry and classifications;

e. Recordkeeping; and

f. Safety.

9. Skin care and make-up:

a. Analysis;

b. Anatomy;

c. Health, safety, and sanitary rules;

d. Procedures;

e. Chemistry and light therapy;

f. Temporary removal of hair; and

g. Lash and brow tinting.

10. Wigs, hair pieces, and related theory:

a. Sanitation and sterilization;

b. Types; and

c. Procedures.

11. Salon management:

a. Business ethics; and

b. Care of equipment.

E. Each nail school shall submit with its application a curriculum including a course syllabus, a detailed course content outline, a sample of five lesson plans, a sample of evaluation methods to be used, and a breakdown of hours and performances for all courses to be taught that will lead to licensure. The outline for nail care shall include the following:

1. Orientation:

a. School policies; and

b. State law, regulations, and professional ethics;

2. Sterilization, sanitation, bacteriology, and safety;

3. Anatomy and physiology;

4. Diseases and disorders of the nail;

5. Nail procedures (i.e., manicuring, pedicuring, and nail extensions); and

6. Nail theory and nail structure and composition.

F. Each waxing school shall submit with its application a curriculum including a course syllabus, a detailed course content outline, a sample of five lesson plans, a sample of evaluation methods to be used, and a breakdown of hours and performances for all courses to be taught that will lead to licensure. The outline for waxing shall include the following:

1. Orientation:

a. School policies;

b. State law, regulations, and professional ethics; and

c. Personal hygiene.

2. Skin care and treatment:

a. Analysis;

b. Anatomy and physiology;

c. Diseases and disorders of the skin;

d. Health sterilization, sanitation, bacteriology, and safety, including infectious disease control measures; and

e. Temporary removal of hair.

3. Skin theory, skin structure, and composition.

4. Client consultation:

a. Health conditions;

b. Skin analysis;

c. Treatments;

d. Client expectations; and

e. Health forms and questionnaires.

5. Waxing procedures for brow, lip, facial, legs, arms, underarm, chest, back, and bikini areas:

a. Fundamentals;

b. Safety rules; and

c. Procedures.

6. Wax treatments:

a. Analysis;

b. Disorders and diseases;

c. Manipulations; and

d. Treatments.

7. Salon management:

a. Business ethics; and

b. Care of equipment.

G. The instructor curriculum shall include the following:

1. Orientation, introduction to teaching, and professional ethics;

2. Curriculum;

3. Course outline and development;

4. Lesson planning;

5. Classroom management;

6. Teaching techniques;

7. Methods of instruction, including theory and practical instruction;

8. Learning styles;

9. Learning disabilities;

10. Teaching aids;

11. Developing, administering, and grading examinations;

12. School administration;

13. Recordkeeping;

14. Laws and regulations;

15. Supervision of clinic floor; and

16. Practicum teaching.

H. A licensed school with an approved barber, master barber, dual barber/master barber, cosmetology, nail technician, or wax technician program may conduct an assessment of a student's competence in the respective profession and, based on the assessment, give credit toward the hours requirements specified in the respective subsection of this section and 18VAC41-20-220.

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.

18VAC41-20-220. Hours of instruction and performances Practical performances.

A. Curriculum and performance requirements shall be offered over a minimum of 1,100 clock hours for barbering, 400 clock hours for master barbering, 1,500 clock hours for dual barber/master barber program and cosmetology, 150 clock hours for nail care, and 115 clock hours for waxing.

B. The curriculum requirements for barbering must include the following minimum performances:

Hair and scalp treatments	10
Hair services	320
Hair coloring (including tinting, temporary rinses, and semi-permanent color)	35
Basic facials	5
TOTAL	370

C. B. The curriculum requirements for master barbering must include the following minimum performances:

Bleaching and frosting	10
Cold permanent waving or chemical relaxing	25
Hair shaping	50
Wig care, styling, placing on model	5
Finger waving and thermal waving	30
TOTAL	120

D. C. The curriculum requirements for dual barber/master barber program must include the following minimum performances:

Hair and scalp treatments	10
Hair styling services	320
Bleaching and frosting	10
Hair coloring (including tinting, temporary rinses, and semi-permanent color)	35
Cold permanent waving or chemical relaxing	25
Hair shaping	50
Wig care, styling, placing on model	5
Finger waving and thermal waving	30
Basic facials and waxings	5
TOTAL	490

E. D. The curriculum requirements for cosmetology must include the following minimum performances:

Hair and scalp treatments	10
Hair styling	320
Tinting	15
Bleaching and frosting	10
Temporary rinses	10
Semi-permanent color	10
Cold permanent waving or chemical relaxing	25
Hair shaping	50
Wig care, styling, placing on model	5
Finger waving and thermal waving	30
Manicures and pedicures	15
Basic facials and waxings	5
Sculptured nails, nail tips, and wraps	20
TOTAL	525

F. E. The curriculum requirements for nail care must include the following minimum performances:

Manicures	30
Pedicures	15
Individual sculptured nails and nail tips	200
Individual removals	10
Individual nail wraps	20
TOTAL	275

G. F. The curriculum requirements for waxing must include the following minimum performances:

Arms	4
Back	2
Bikini area	6
Brows	12
Chest	1
Facial (i.e., face, chin, and cheek and lip)	6
Leg	3
Underarm	2
TOTAL	36

18VAC41-20-260. Display of license.

A. Each shop, salon, or school shall ensure that all current licenses, certificates, or permits 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 shop, salon, or school. Duplicate licenses, certificates, or permits shall be posted in a like manner in every shop, salon, or school location where the regulant provides services.

B. Each shop, salon, or school shall ensure that no employee, licensee, student, or apprentice performs any service beyond the scope of practice for the applicable license.

C. All licensees, certificate holders, and permit holders shall operate under the name in for which the license, certificate, or permit is issued.

D. Unless also licensed as a cosmetologist, a barber or master barber is required to hold a separate nail technician or wax technician license if performing nail care or waxing.

E. All Proof of apprenticeship cards registration 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.

18VAC41-70-100. General requirements for an esthetics instructor certificate.

A. Any individual wishing to engage in esthetics or master esthetics instruction shall meet the following qualifications:

1. The applicant shall be in good standing as a licensed esthetician or master esthetician in Virginia and all other jurisdictions where licensed. The applicant shall disclose to the board at the time of application for licensure any disciplinary action taken in Virginia and all other jurisdictions in connection with the applicant's practice as an esthetician or master esthetician. This includes monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license. The applicant shall disclose to the board at the time of application for licensure whether he has been previously licensed in Virginia as an esthetician or master esthetician.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein it who the board deems the applicant is unfit or unsuited to engage in esthetics or master esthetics. The board will decide each case by taking into account the totality of the circumstances. Any plea of nolo contendere or comparable plea shall be considered a disciplinary action for the purposes of this section. The applicant shall provide a certified copy of a final order, decree, or case decision by a court, regulatory agency, or board with the lawful authority to issue such order, decree, or case decision, and such copy shall be admissible as prima facie evidence of such disciplinary action;

2. The applicant shall hold a current Virginia esthetics esthetician or master esthetician license;

3. The applicant shall complete one of the following qualifications:

a. Pass a course in teaching techniques at the postsecondary educational level; or

b. Complete an instructor training course approved by the Virginia Board for Barbers and Cosmetology under the supervision of a certified esthetics instructor or master esthetics instructor in an esthetics school and pass an examination in esthetics instruction administered by the board or by a testing service acting on behalf of the board; and board; or
c. Pass an instructor examination administered by the board or by a testing service acting on behalf of the board.

4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. All misdemeanor convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury within two years of the date of the application; and

b. All felony convictions within 20 years of the date of application.

Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

B. Instructors shall be required to maintain a Virginia esthetician or master esthetician license.

C. Certified instructors may teach in any profession for which they hold the underlying license.

18VAC41-70-110. General requirements for a master esthetics instructor certificate. (Repealed.)

A. Any individual wishing to engage in master esthetics instruction shall meet the following qualifications:

1. The applicant shall be in good standing as a licensed master esthetician in Virginia and all other jurisdictions where licensed. The applicant shall disclose to the board at the time of application for licensure any disciplinary action taken in Virginia and all other jurisdictions in connection with the applicant's practice as a master esthetician. This includes monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license. The applicant shall disclose to the board at the time of application for licensure if the applicant has been previously licensed in Virginia as an esthetician or master esthetician.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein it deems the applicant is unfit or unsuited to engage in esthetics or master esthetics. The board will decide each case by taking into account the totality of the circumstances. Any plea of nolo contendere or comparable plea shall be considered a disciplinary action for the purposes of this section. The applicant shall provide a certified copy of a final order, decree, or case decision by a court, regulatory agency, or board with the lawful authority to issue such order, decree, or case decision, and such copy shall be admissible as prima facie evidence of such disciplinary action;

2. The applicant shall hold a current Virginia master esthetician license;

3. The applicant shall complete one of the following qualifications:

a. Pass a course in teaching techniques at the postsecondary educational level; or

b. Complete an instructor training course approved by the Virginia Board for Barbers and Cosmetology under the supervision of a certified esthetics instructor or master esthetics instructor in an esthetics school and pass an examination in esthetics instruction administered by the board or by a testing service acting on behalf of the board; and

4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. All misdemeanor convictions involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury within two years of the date of the application; and

b. All felony convictions within 20 years of the date of application.

Any plea of nolo contendere shall be considered a conviction for purposes of this subsection. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

B. Instructors shall be required to maintain a Virginia master esthetician license.

18VAC41-70-180. General requirements.

An esthetics school shall:

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

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

3. For esthetics courses, employ a staff of licensed and certified esthetics instructors or licensed and certified master esthetics instructors.

4. For master esthetics courses, employ a staff of licensed and certified master esthetics instructors.

5. Develop Prepare individuals for entry-level competency in esthetics.

6. 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.

7. 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.

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

9. Complete practical instruction in the school's clinic area.

10. Ensure that instructor programs are taught by a certified instructor.

18VAC41-70-190. Curriculum and hours of instruction requirements.

A. Each esthetics school shall submit with its application a curriculum including 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.

B. The esthetics curriculum and hours of instruction in this technology shall consist of 600 hours or equivalent credit hours and shall include the following:

1. Orientation and business topics - minimum of 25 hours of instruction.

a. School policies;

b. Management;

c. Sales, inventory, and retailing;

d. Taxes and payroll;

e. Insurance;

f. Client records and confidentiality; and

g. Professional ethics and practices.

2. Laws and regulations - minimum of 10 hours of instruction.

3. General sciences - minimum of 80 hours of instruction.

a. Bacteriology;

b. Microorganisms;

c. Infection control, disinfection, and sterilization;

d. Occupational Safety and Health Administration (OSHA) requirements;

e. Material Safety Data Sheet (MSDS);

f. General procedures and safety measures;

g. Cosmetic chemistry;

h. Products and ingredients; and

i. Nutrition.

4. Applied sciences - minimum of 95 hours of instruction.

a. Anatomy and physiology;

b. Skin structure and function;

c. Skin types;

d. Skin conditions; and

e. Diseases and disorders of the skin.

5. Skin care - minimum of 255 hours of instruction.

a. Health screening;

b. Skin analysis and consultation;

c. Effleurage and related movements and manipulations of the face and body;

d. Cleansings Cleansing procedures;

e. Masks;

f. Extraction techniques;

g. Machines, equipment, and electricity;

h. Manual facials and treatments;

i. Machine, electrical facials, and treatments; and

j. General procedures and safety measures.

6. Makeup - minimum of 65 hours of instruction.

a. Setup, supplies, and implements;

b. Color theory;

c. Consultation;

d. General and special occasion application;

e. Camouflage;

f. Application of false lashes and lash extensions;

g. Lash and tinting;

h. Lash perming;

i. Lightning Lightening of the hair on body, except scalp; and

j. General procedures and safety measures.

7. Body and other treatments - minimum of 20 hours of instruction.

a. Body treatments;

b. Body wraps;

c. Body masks;

d. Body scrubs;

e. Aromatherapy; and

f. General procedures and safety measures.

8. Hair removal - minimum of 50 hours of instruction.

a. Types of hair removal;

b. Wax types;

c. Tweezing;

d. Chemical hair removal;

e. Mechanical hair removal; and

f. General procedures and safety measures.

C. The master esthetics curriculum and hours of instruction in this technology shall consist of 600 hours or equivalent credit hours and shall include the following:

1. Orientation, advanced business subjects, and infection control - minimum of 45 hours of instruction.

a. School policies and procedures;

b. Professional ethics and practices;

c. Ethics and professional conduct;

d. Insurance and liability issues;

e. Confidentiality and Health Insurance Portability and Accountability Act of 1996 Privacy Rule (HIPAA);

f. Client records and documentation;

g. Microbiology and bacteriology;

h. Infection control, disinfection, and sterilization;

i. Occupational Safety and Health Administration (OSHA), U.S. Food and Drug Administration (FDA); and Material Safety Data Sheet (MSDS); and

j. Personal protective equipment.

2. State laws, rules, and regulations - minimum of 10 hours of instruction.

3. Advanced anatomy and physiology - minimum of 65 hours of instruction.

a. Advanced anatomy and physiology;

b. Advanced skin structure and functions;

c. Advanced skin typing and conditions;

d. Advanced disease and disorders;

e. Advanced cosmetic ingredients;

f. Pharmacology; and

g. Advanced homecare.

4. Advanced skin care and advanced modalities - minimum of 90 hours of instruction.

a. Introduction to microdermabrasion and dermaplaning;

b. Indications and contraindications for crystal microdermabrasion;

c. General procedures and safety measures for crystal microdermabrasion;

d. Indications and contraindications for crystal-free microdermabrasion and dermaplaning;

e. General procedures and safety measures for crystal-free microdermabrasion and dermaplaning;

f. Equipment safety: crystal and crystal-free microdermabrasion and dermaplaning;

g. Waste disposal, Occupational Safety and Health Administration (OSHA);

h. Introduction to microdermabrasion techniques and proper protocols;

i. Machine parts, operation, protocols, care, waste disposal, and safety;

j. Practical application and consultation for crystal microdermabrasion;

k. Practical application and consultation for crystal-free microdermabrasion and dermaplaning; and

l. Pretreatment and posttreatment for microdermabrasion.

5. Advanced procedures and chemical exfoliation - minimum of 270 hours of instruction.

a. Advanced skin analysis and consultation and health screening and documentation;

b. Advanced procedures, light treatments, light-emitting diode (LED), intense pulsed light (IPL) device (IPL);

c. Advanced manual, machine, and electric treatments, microcurrent, and ultrasound;

d. Introduction to chemical exfoliation and peels of the epidermis;

e. Fundamentals of skin care associated with chemical exfoliation and peels and wound healing;

f. Pretreatment and posttreatment for chemical exfoliation and peels;

g. Assessing suitability and predicting chemical exfoliation efficacy;

h. General practical application and consultation protocols;

i. Practical application and consultation for enzymes, herbal exfoliations, and vitamin-based peels;

j. Indications and contraindications for enzymes, herbal exfoliations, and vitamin-based peels;

k. General procedures and safety measures for herbal exfoliations, and vitamin-based peels;

l. Pretreatments and posttreatments for herbal exfoliations, and vitamin-based peels;

m. Practical application and consultation for alpha hydroxy peels;

n. Indications and contraindications for alpha hydroxy peels;

o. General procedures and safety measures for alpha hydroxy peels;

p. Pretreatment and posttreatment for alpha hydroxy peels;

q. Practical application and consultation for beta hydroxy peels;

r. Indications and contraindications for beta hydroxy peels;

s. General procedures and safety measures for beta hydroxy peels;

t. Pretreatment and posttreatment for beta hydroxy peels;

u. Practical application and consultation for Jessner and Modified Jessner peels;

v. Indications and contraindications for Jessner and Modified Jessner peels;

w. General procedures and safety measures for Jessner and Modified Jessner peels;

x. Pretreatment and posttreatment for Jessner and Modified Jessner peels;

y. Practical application and consultation for trichloracetic acid peels;

z. Indications and contraindications for trichloracetic acid peels;

aa. General procedures and safety measures for trichloracetic acid peels; and

bb. Pretreatment and posttreatment for trichloracetic acid peels.

6. Lymphatic drainage - minimum of 120 hours of instruction.

a. Introduction to lymphatic drainage;

b. Tissues and organs of the lymphatic system;

c. Functions of the lymphatic system;

d. Immunity;

e. Etiology of edema;

f. Indications and contraindications for lymphatic drainage;

g. Lymphatic drainage manipulations and movements;

h. Face and neck treatment sequence;

i. Lymphatic drainage on the trunk and upper extremities;

j. Lymphatic drainage on the trunk and lower extremities;

k. Cellulite;

l. Using lymphatic drainage with other treatments; and

m. Machine-aided lymphatic drainage.

D. 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 credit toward 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 credit toward 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 student's 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.

E. The instructor curriculum and hours of instruction shall consist of 400 hours or equivalent credit hours and shall include the following:

1. Orientation, introduction to teaching, and professional ethics;

2. Curriculum;

3. Course outline and development;

4. Lesson planning;

5. Classroom management;

6. Teaching techniques;

7. Methods of instruction, including theory and practical instruction;

8. Learning styles;

9. Learning disabilities;

10. Teaching aids;

11. Developing, administering, and grading examinations;

12. School administration;

13. Recordkeeping;

14. Laws and regulations;

15. Presentation of theoretical subjects;

16. Presentation of practical subjects;

17. 15. Supervision of clinic floor; and

18. 16. Practicum teaching.

18VAC41-70-260. Display of license.

A. 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.

B. All licensees and temporary license holders shall operate under the name in for which the license or temporary license is issued.

C. All Proof of apprenticeship cards registration 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 spa. The apprentice sponsor shall require each apprentice to wear a badge clearly indicating his status as a DOLI registered apprentice.