TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BARBERS AND COSMETOLOGY

Proposed Regulation

Title of Regulation: 18VAC41-70. Esthetics Regulations (amending 18VAC41-70-10 through 18VAC41-70-40, 18VAC41-70-60, 18VAC41-70-80, 18VAC41-70-90, 18VAC41-70-100, 18VAC41-70-120, 18VAC41-70-140 through 18VAC41-70-200, 18VAC41-70-230 through 18VAC41-70-280; adding 18VAC41-70-15, 18VAC41-70-105; repealing 18VAC41-70-50, 18VAC41-70-110, 18VAC41-70-130, 18VAC41-70-210).

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

Public Hearing Information:

June 3, 2025 - 10 a.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Board Room One, Suite 200, Richmond, VA 23233.

Public Comment Deadline: June 20, 2025.

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 authorizes the Board for Barbers and Cosmetology to promulgate regulations necessary to ensure continued competency and prevent deceptive or misleading practices by practitioners and to effectively administer the regulatory system.

Purpose: The performance of esthetics or master esthetics services by those who lack sufficient expertise poses a risk to the public health, safety, and welfare, including the potential for infection or injury. The board protects the public welfare, in part, by establishing through regulation (i) minimum qualifications of applicants for certification or licensure, provided that all qualifications are necessary to ensure either competence or integrity to engage in the profession or occupation; (ii) minimum standards to ensure continued competency and to prevent deceptive or misleading practices by practitioners; and (iii) requirements to effectively administer the regulatory system administered by the board. The proposed amendments to the regulation include the elimination of provisions that the board does not deem necessary to protect the public health, safety, and welfare, or to effectively administer the licensure program.

Substance: The proposed amendments:

1. Revise, reorganize, and add definitions.

2. Revise provisions regarding disclosure of prior regulatory discipline for esthetician or master esthetician license applicants to (i) clarify that an applicant must only provide a copy of prior disciplinary actions taken in all jurisdictions and remove unnecessary and duplicative language; (ii) add probation to the types of disciplinary actions that must be reported; (iii) remove an unnecessary requirement that an applicant disclose whether the applicant previously held a license in Virginia as a esthetician or master esthetician; (iv) remove duplicative language providing that the board will decide cases by taking into account the totality of the circumstances; and (v) remove unnecessary language that states that a plea of nolo contendere is considered a disciplinary action and that a copy of the prior disciplinary action is considered prima facie evidence of such disciplinary action.

3. Allow applicants to provide a post office box address as a secondary address to a physical address and provide that mobile spas must provide a physical address where the spa is permanently garaged.

4. Revise the provisions regarding disclosure of prior criminal history for esthetician, master esthetician, spa license, school license, and esthetics instructor certificate applicants to (i) clarify the misdemeanor reporting requirements; (ii) require the disclosure of felony convictions occurring within 10 years, rather than 20 years, of the date of application; and (iii) remove unnecessary language providing that a plea of nolo contendere is considered a conviction and that the record of a conviction will be accepted as prima facie evidence of a conviction.

5. Revise the provisions regarding eligibility to sit for the board-approved esthetician or master esthetician examination to (i) significantly reorganize the provisions, including relocating to the section a provision located in another section that an individual completing a registered apprenticeship is eligible to sit for the license examination; (ii) provide that applicants who have received training outside of the United States must have their degree translated, authenticated, and evaluated by an education evaluation service if credit is being sought for such education; and (iii) add that applicants who completed a training program not substantially equivalent to Virginia's training may submit documentation demonstrating three years of experience as a licensed esthetician or master esthetician in any other state or jurisdiction of the United States, which formerly required a certificate, diploma, or other documentation and six months of experience.

6. Allow for individuals who have completed an apprenticeship program that is substantially equivalent to that required by the regulation to qualify for licensure by endorsement; add provisions enabling individuals endorsing from other states who have completed either a written or practical examination that is substantially equivalent to the Virginia examination to take the other examination in Virginia; add provisions allowing individuals endorsing from other states who completed a training program that is not substantially equivalent to Virginia's training requirements to substitute three years of work experience for training; and add a provision for licensed instructors.

7. Remove a provision that allows those completing a registered apprenticeship to sit for the license examination. This provision will be relocated to 18VAC41-70-20. The proposed amendment provides that licensed spas where apprentices train must comply with standards for apprenticeship training.

8. Revise the examination requirements and fees section to (i) clarify that the license examination consists of both a practical and a written portion as opposed to separate examinations, (ii) remove an unnecessary provision that failing to appear for a scheduled examination results in forfeit of the examination fee, (iii) remove an unnecessary provision that the examination is administered by the board or a designated testing services, (iv) add a provision from 18VAC41-70-50 that requires any applicant who does not pass a reexamination within one year of the initial examination date to submit a new application, and (v) remove an unnecessary provision that examination records will be maintained for a maximum of five years.

9. Repeal and replace the requirements regarding examination requirements and fees section.

10. Combine training requirements for examiners and chief examiners, as the requirements for completing a board-sponsored or board-approved training are the same for examiners and chief examiners.

11. Clarify that mobile spas must obtain a spa license.

12. Revise the provisions regarding the disclosure of prior regulatory discipline for spa license and school license applicants to (i) clarify that an applicant and responsible management must only provide a copy of prior disciplinary actions taken in all jurisdictions and remove unnecessary and duplicative language; (ii) add probation to the types of disciplinary actions that must be reported; (iii) remove an unnecessary requirement that an applicant disclose whether the applicant or a member of the firm's responsible management previously held a license in Virginia as an esthetics spa or an esthetics school, respectively; (iv) remove duplicative language providing that the board will decide each case by taking into account the totality of circumstances; and (v) remove unnecessary language that states a plea of nolo contendere is considered a disciplinary action and that a copy of the prior disciplinary action is considered prima facie evidence of such disciplinary action.

13. Revise the provisions regarding change of business entity to require that a licensed firm notify the board within 30 days of a change of business entity (e.g., formation of a new firm, dissolution of an existing firm) and destroy the license. Currently, a firm is required to return the license to the board within 30 days of a change of business entity.

14. Remove the unnecessary provision requiring a school license bear the same name and address of the business as this is an administrative function and not a requirement for the licensee.

15. Revise the provisions regarding change of business entity to require that a licensed firm notify the board within 30 days of a change of business entity (e.g. formation of a new firm, dissolution of an existing firm) and destroy the license. Currently, a firm is required to return the license to the board within 30 days of a change of business entity.

16. Relocate a provision that requires any school ceasing to operate to provide a written report to the board detailing performances and hours of each student who has not completed their program.

17. Merge applicable provisions regarding certification of instructors of master esthetics.

18. Revise the provisions regarding disclosure of prior regulatory discipline for esthetics instructor certificate applicants to (i) clarify that an applicant must only provide a copy of prior disciplinary actions taken in all jurisdictions and remove unnecessary and duplicative language; (ii) add probation to the types of disciplinary actions that must be reported; (iii) remove an unnecessary requirement that an applicant disclose whether the applicant has been previously certified in Virginia as an esthetician or master esthetician; (iv) remove duplicative language that the board will decide each case by taking into account the totality of circumstances; and (v) remove the unnecessary language that states a plea of nolo contendere is considered a disciplinary action and that the copy of the prior disciplinary action is considered prima facie evidence of such disciplinary action.

19. Combine provisions that require an esthetics instructor certificate applicant hold and maintain a license in their profession to qualify for certification.

20. Revise training qualifications for instructors to require that an esthetics instructor certificate applicant either (i) pass a teaching course in teaching techniques at the post-secondary education level or (ii) pass an instructor examination to qualify for an instructor certificate. A provision allowing for an applicant to qualify based on completing a board-approved instructor training course is removed.

21. Add language that provides certified instructors may teach in any profession for which they hold the underlying license.

22. Add a new section, 18VAC41-70-105 that allows a licensed esthetician or master esthetician to be granted a 12-month temporary student instructor permit while under the direct supervision of a certified instructor.

23. Incorporate provisions that specify that fees are nonrefundable and will not be prorated and change the fee structure for an Instructor Certificate to reduce fees for the renewal of an instructor certificate.

24. Add instructor certificates and certifications as a type of credential that is subject to a renewal notice from the board.

25. Remove the requirement that a licensee must submit a reinstatement application and require just the payment of the reinstatement fee.

26. Revise the reinstatement provisions for individual licensees to require that an individual that fails to reinstate a license or certificate within two years of the expiration date must either (i) apply for licensure or certification as a new applicant and meet current entry requirements or (ii) if the individual was previously licensed in Virginia for a minimum of three years, submit a new application and pass the required examination.

27. Revise provisions for reinstatement of school licenses to provide that a school must submit a reinstatement application and have an inspection to reinstate a license if the expired license has not been renewed for more than 180 days.

28. Revise reinstatement provisions to set the expiration date for a reinstated license to two years from the last day of the month of reinstatement rather than two years from the previous expiration date of the license.

29. Incorporate previous board guidance for licensing school locations by providing that suites or classrooms that are located in a different building or are further than 500 feet from the main office are considered a separate location and must hold an additional license.

30. Revise the provisions regarding school staff to (i) clarify that schools must employ and ensure all training is conducted under the direct supervision of licensed and certified esthetics instructors or master esthetics instructors; (ii) clarify that licensed and certified esthetics and master esthetics instructors may also teach a waxing program; (iii) clarify that licensed and certified master esthetics instructors may also instruct an esthetics program; and (iv) add a provision to require that any change in instructors be reported to the board within 30 days of the change.

31. Reflect current requirements that an esthetics school submit, with a school application, the days and hours of instruction and the program length.

32. Add a requirement that schools include a sample final transcript with a school application.

33. Remove duplicative provisions regarding the minimum length of an esthetics program and master esthetics program.

34. Revise the provisions pertaining to the student assessment a school may conduct to give a student credit toward required training hours to allow for schools to make the assessment based on (i) review of the student's transcript, (ii) documentation of hours and performances provided by the student, or (iii) completion of a competency examination. Currently, schools are required to review the student's transcript and conduct a board-approved competency examination.

35. Remove the curriculum requirements for an instructor program as this will no longer be a method to qualify for an instructor certificate.

36. Repeal the general school equipment requirements, which are overly burdensome and unnecessary.

37. Remove requirements that a school (i) maintain records of competency examinations used to award credit for five years after the student's completion of the curriculum, termination, or withdrawal and (ii) provide student with documentation of the student's hours and performances upon request for a period of one year after the school changes ownership.

38. Reflect the board's current guidance on submission of school rosters.

39. Replace references to the Department of Labor and Industry (DOLI) with the Virginia Department of Workforce Development and Advancement (VDWDA).

40. Adjust sanitation requirements based on current industry standards and terminology.

41. Provide that mobile spas must be stationary while providing services and may not operate where prohibited by local ordinance.

42. Revise provisions regarding disinfection and storage implements to (i) remove the definition of "wet disinfection unit," which has been added to the definitions section; (ii) provide that a wet disinfection unit must meet the standards established in the definition; (iii) update terms to reflect terminology and tools used in the profession; (iv) remove provisions that are not applicable to the practice of esthetics; (v) add single-use items that should be discarded immediately after each use for a client; and (vi) remove duplicative provisions.

43. Revise provisions for general sanitation and safety requirements to (i) remove a duplicative requirement that the floor must be kept clean and free of materials and other items that may pose a hazard; (ii) reduce the stringency of requirements for bathrooms for facilities newly occupied after January 1, 2017, in which a bathroom must be available for client use and adhere to the sanitation requirements in the chapter; and (iii) remove an unnecessary requirement that central areas for client use be neat and clean and have a waste receptacle.

44. Revise provisions regarding articles, tools, and products to provide that any multiuse article, tool, or product that cannot be disinfected by full immersion or cleaned according to manufacturer instructions, such as natural hairbrushes or neck dusters, are prohibited from use.

45. Revise the requirements for blood exposure procedures.

46. Replace the term "temporary permit" with "temporary license" throughout 18VAC41-70-280.

47. Revise provisions regarding the board's authority to impose discipline to include all types of discipline that are possible if a regulant violates any of the prohibited acts.

48. Prohibit the inability to practice with skill or safety as a result of any mental or physical condition.

49. Revise the prohibited acts regarding failure to teach the curriculum to include master esthetics and failure to produce documents, books, or records to include responsible managers.

50. Provide that failure to notify the board within 30 days of any final disciplinary action taken against a license, registration, certificate, or permit by any local, state, or national regulatory body is prohibited.

51. Remove language that a plea of nolo contendere is considered a conviction and that a certified record of conviction admissible as prima facie evidence of conviction or guilt.

52. Specify that allowing an individual without a student instructor temporary license to practice as an instructor is prohibited.

Issues: The primary advantage of the proposed amendments to the public is that the board will continue to approve applicants and license professionals with safeguards in place to ensure proper competency and standards of conduct. An anticipated advantage is that the regulatory change potentially increases the number of individuals who may qualify for licensure and may, therefore, be available to members of the public to provide services. The primary advantage to the Commonwealth will be the continued successful regulation of estheticians and master estheticians who meet the minimum entry standards. One disadvantage may be to schools that currently offer instructor courses as a method to qualify for an instructor certificate, as acceptance of instructor courses will no longer qualify individuals for instructor certificates. However, it is anticipated that licensees will benefit from easier and less expensive methods to qualify for an instructor certificate.

Department of Planning and Budget 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 and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board for Barbers and Cosmetology (board) proposes to (i) no longer require completion of an
instructor training program to engage in esthetics or master esthetics instruction; (ii) reduce certified instructor renewal and reinstatement fees; (iii) reduce barriers to enter the profession for individuals with training outside of Virginia; (iv) reduce the experience requirements to become a chief examiner; (v) reduce the look back period for disclosure of prior felony convictions; and (vi) make several administrative requirements less stringent.

Background. This regulation applies to those who (i) engage, or offer to engage in, esthetics or master esthetics; (ii) operate a spa; and (iii) operate a school of esthetics or master esthetics; the regulation requires that such individuals, firms, entities or corporations obtain the appropriate licensure or certification. The board states that to comply with Executive Directive Number One (2022), it reviewed discretionary requirements imposed on regulated parties. The proposed amendments to the regulation discussed below reflect the board's consideration in eliminating current substantive requirements that the board does not deem necessary to protect the public health, safety, and welfare, or to effectively administer the licensure program.

Estimated Benefits and Costs. No longer requiring completion of an instructor training program to engage in esthetics or master esthetics instruction. Currently, there are two pathways to engage in esthetics or master esthetics instruction: (i) to complete a post-secondary (community college or a university) education class or (ii) to complete a board-approved instructor training course and pass a board-approved examination in esthetics instruction. According to the Department of Professional and Occupational Regulation (DPOR), the average cost to complete a teaching adult learner's course in Virginia is $139, which is offered at Virginia universities and community colleges. Completion of this course would satisfy the first pathway for instructors, which does not require passage of the board-approved exam. In contrast, under the second pathway the average cost to receive instructor training through board-approved training programs is $6,510 per student and requires passing the board-approved exam and paying the associated $99 fee. Thus, it appears that direct costs to qualify through the first pathway are much lower than the second pathway. Probably driven by the significant cost difference, the majority of applicants (96%) choose the post-secondary education route (49 individuals/year) relative to provider training route (three individuals/year). In this action, the board proposes to eliminate the requirement to complete the instructor training course under the second pathway, such that an applicant would qualify to be an instructor solely based on the exam result. Approximately three individuals per year are approved for an instructor certification through the second pathway. Assuming all three applicants can pass the test without taking training, approximately $19,530/year ($6,510 x 3) in total direct savings, as well as other savings in terms of time and effort to complete training, would be expected. However, some of the affected applicants may need training to pass the exam. Such applicants in need of training may still be willing to pay for training voluntarily. Alternatively, such applicants may choose to follow the first pathway instead. There is no information available to ascertain how the affected (approximately three per annum) potential applicants may respond to the proposed change. The potential savings to the affected three applicants would also represent a revenue loss to the training providers up to approximately $19,530/year. There are currently 32 approved instructor classroom programs for esthetics that would be potentially affected by this change. DPOR asserts that all of these schools offer additional courses and would therefore be unlikely to cease operations because of this change. Additionally, to the extent that some applicants choose the first pathway, Virginia universities and community colleges would see a combined increase in their revenues of up to $417/year ($139 x 3).

Reduced certified instructor renewal and reinstatement fees. Under the current regulation, once an instructor certificate is obtained, an instructor must only pay the instructor renewal fee ($150) but does not have to also pay the underlying license renewal fee ($105). The board proposes to reduce the instructor renewal fee to $20 but also proposes to require payment of the underlying license renewal fee ($105), which would make the total renewal fee $125 ($20 plus $105). This would represent a $25 savings to each instructor who renews their license. Based on an estimated 126 instructor license renewals per year, the total renewal fee savings are expected to be $3,150/year ($25 x 126). Likewise, the same approach is currently used for instructor license reinstatements in that an applicant pays only the $300 instructor reinstatement fee but not the $210 reinstatement fee for their underlying license. The board proposes to reduce the $300 instructor fee to $40 but also proposes to require the applicant to pay the underlying license reinstatement fee ($210), which would reduce the total fee amount by $50 per case ($300 vs. $250). For the estimated seven reinstatements per year, the total fee reduction amounts to $350/year. On the other hand, the combined impact of the fee changes represents a $3,500 ($3,150 plus $350) reduction in DPOR fee revenues.

Individuals with training outside of Virginia. Under the current regulation, individuals who have received training outside Virginia must have training that is substantially equivalent to Virginia's training standards in order to gain Commonwealth licensure. Those lacking Virginia's required training hours must complete additional training. In addition to the training, such candidates must demonstrate six months of work experience to sit for the initial license examination. The proposal departs from the current practice in two ways: (i) those with substantially equivalent training outside the Commonwealth would no longer have to show six months of work experience and (ii) those who do not have substantially equivalent training would also be eligible to take the licensing exam provided they have three years of experience in other states or jurisdictions in the United States. Essentially, the proposed changes under this category would allow more international and domestic individuals to enter the esthetics profession in the Commonwealth.

Reduced experience requirement to become a chief examiner. The regulation requires that the practice part of the license exam must be supervised by a chief examiner. Currently, a chief examiner must have five years of experience in the esthetics profession and three years of experience as an examiner. The board proposes to reduce the experience requirements by requiring three years of experience in the profession and one year experience as an examiner. This change would allow an examiner to be a chief examiner more quickly and possibly earn higher wages.

Reduced look back period for disclosure of prior felony convictions. Currently, applicants for licensure or certification, including responsible management for spas and schools, must disclose all felony convictions within the past 20 years of the date of application. The board proposes to reduce this look back period to 10 years prior to the date of application. With this change more individuals who may have been discouraged to apply based on criminal history may enter the profession. No data exist to determine how many applicants may be affected.

Reduced administrative requirements. The board proposes to make several administrative requirements less stringent. One of the changes would require notification rather than a need to return the firm's license (spas or schools) to the board whenever the legal business entity holding the license changes (e.g. dissolution of a corporation). As a result of the change, firm licensees will no longer have to return a license (i.e. mail or deliver in person) to the board when its legal business entity changes and can simply notify the board and destroy the license instead. Licensees will still need to obtain a new license for the new business entity in order to engage in the regulated activity. Another proposed change for re-licensure of individuals with expired licenses would allow an individual who has been licensed for a minimum of three years to submit a new application and pass the license examination if the individual had failed to reinstate a license after it has been expired for two years. Currently, only individuals who had initially qualified for licensure under a grandfathering provision (i.e., exemption from examination or training requirement) can regain licensure if they have five years of licensed experience and pass the license examination. This change would allow all individuals with expired licenses who have been licensed for at least three years to become licensed again without the need to take required training. Similarly, the proposal would revise the provisions in the section regarding reinstatement of school licenses to provide that a school with an expired license would be required to submit a reinstatement application if the license has been expired for more than 180 days rather than 30 days. The change would allow schools with a license that is expired for more than 30 days, but less than 180 days, to be reinstated. Additionally, during this 180-day time frame, schools will be allowed to reinstate without requiring an inspection, which would eliminate a potential delay. The board proposes to replace the current prohibition on providing a post office box address as an address of record with a provision that allows a post office box to be provided to the board as a secondary address. This change would allow for notices and correspondence from the board to be sent to a post office box instead of a physical address.

Businesses and Other Entities Affected. As of January 1, 2025, there were 5,317 estheticians, 131 esthetics instructors, 2,288 master estheticians, 324 master esthetics instructors, 70 esthetics schools, and 957 esthetics spas.² No affected entity appears to be disproportionately affected compared to its peers. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁴ As noted above, the proposal to no longer require completion of an instructor training program to engage in esthetics or master esthetics instruction would likely reduce the revenues of board-approved training providers by up to a combined amount of $19,530 per year. Thus, an adverse impact on training providers is indicated.

Small Businesses⁵ Affected.⁶ As all approved training schools are considered small businesses by the board, the negative revenue impact due to no longer requiring completion of an instructor training program to engage in esthetics or master esthetics instruction would apply to small businesses.

Types and Estimated Number of Small Businesses Affected. There are approximately 32 board-approved training schools. However, only a few of them would be negatively affected given the small number of applicants.

Costs and Other Effects. The costs and other effects on approved training schools is the same as discussed above.

Alternative Method that Minimizes Adverse Impact. There are no clear alternative methods that both reduce adverse impact and meet the intended policy goals.

Localities⁷ Affected.⁸ The proposed amendments do not introduce costs for localities nor do they disproportionately any locality more than others.

Projected Impact on Employment. Some of the proposed changes would reduce revenues of training schools, which could reduce their demand for labor. However, some of the other changes would reduce barriers to entry into the profession. The net impact on total employment is not clear but likely to be small.

Effects on the Use and Value of Private Property. Similarly, some of the proposed changes would reduce revenues of some of the effected entities but some other changes would likely provide savings in fees or administrative costs. Thus, the impact on the asset values of affected businesses is not clear but likely to be small. No impact on real estate development costs is expected.

_____________________________

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.

² Data source: DPOR.

³ Pursuant to § 2.2-4007.04 D: 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.

⁴ 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. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, 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."

⁶ 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.

⁷ "Locality" 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.
⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Board for Barbers and Cosmetology concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The proposed amendments (i) remove the required completion of an instructor training program to engage in esthetics or master esthetics instruction; (ii) reduce certified instructor renewal and reinstatement fees; (iii) reduce barriers to enter the esthetics profession for individuals with training outside of Virginia; (iv) reduce the experience requirements to become a chief examiner; (v) reduce the look-back period for disclosure of prior felony convictions; (vi) revise fee provisions; (vii) revise reinstatement provisions; (viii) update standards of practice, including sanitation and safety standards for spas and schools; and (ix) make several administrative requirements less stringent.

18VAC41-70-10. Definitions.

A. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. All terms defined in Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia are incorporated in this chapter. ascribed to them in § 54.1-700 of the Code of Virginia:

"Board"

"Esthetician"

"Esthetics"

"Esthetics instructor"

"Esthetics spa"

"Master esthetician"

"School of esthetics"

B. The following words and terms when used in this chapter have the following meanings unless the context clearly indicates otherwise:

"Apprenticeship program" means an approved esthetics or master esthetics training program conducted by an approved registered apprenticeship sponsor.

"Business entity" means a sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law.

"Clock hour" means a minimum of 50 minutes of supervised or directed instruction and appropriate breaks.

"Credit hour" means a combination of the number of hours in class each week and the number of hours per week in a laboratory by which a school may measure its course work. One unit of credit equals one hour of classroom or online study, two hours of laboratory experience, or three hours of internship or practicum or a combination of the three times the number of weeks in the term. Emerging delivery methodologies may necessitate a unit of undergraduate credit to be measured in nontime base methods. These courses shall use the demonstration of competency, proficiency, or fulfillment of learning outcomes to ensure these courses are equivalent to traditionally delivered courses.

"Direct supervision" means that (i) a Virginia licensed esthetician or master esthetician shall be is present in the esthetics spa or esthetics school at all times when services are being performed by a temporary license holder or student registered apprentice or (ii) a Virginia licensed and certified esthetician or master esthetician instructor or a student instructor temporary license holder is present in the esthetics school at all times when services are being performed by a student, student instructor, or temporary license holder.

"Endorsement" means a method of obtaining a license by a person who is currently licensed in another state or jurisdiction.

"Each and every location" means, for the purposes of schools with multiple suites or classrooms, a single location is one that is enclosed under one roof and where all classrooms and suites are within 500 feet of the main office.

"Firm" means any business entity recognized under the laws of the Commonwealth of Virginia.

"Licensee" means any sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law individual or firm holding a license issued by the Board for Barbers and Cosmetology, as defined in § 54.1-700 of the Code of Virginia board.

"Post-secondary educational level" means an accredited college or university that is approved or accredited by the Southern Association of Colleges and Schools Commission on Colleges or by an accrediting agency that is recognized by the U.S. Secretary of Education.

"Reasonable hours" means the hours between 9 a.m. and 5 p.m.; however, if the licensee is generally not substantially open to the public during the same hours, "reasonable hours" means the business hours when the licensee is open to the public.

"Reinstatement" means having a license restored to effectiveness after the expiration date has passed.

"Renewal" means continuing the effectiveness of a license or certificate for another period of time.

"Responsible management" means the following individuals:

1. The sole proprietor of a sole proprietorship;

2. The partners of a general partnership;

3. The managing partners of a limited partnership;

4. The officers of a corporation;

5. The managers of a limited liability company;

6. The officers or directors of an association or both; and

7. Individuals in other business entities recognized under the laws of the Commonwealth as having a fiduciary responsibility to the firm.

"Sole proprietor" means any individual, not a corporation, who is trading under his that individual's own name or under an assumed or fictitious name pursuant to the provisions of §§ 59.1-69 through 59.1-76 of the Code of Virginia.

"Substantially equivalent exam" means an examination administered by the licensing entity that covers Virginia's scope of practice for that profession.

"Substantially equivalent training" means at least 80% of the hours required in Virginia and curriculum content covering Virginia's scope of practice for that profession.

"Virginia state institution" for the purposes of this chapter means any institution approved by the Virginia Department of Education.

"Wet disinfection unit" is a container large enough to hold an Environmental Protection Agency (EPA) registered disinfectant that is a bactericidal, virucidal, and fungicidal solution in which the objects to be disinfected are completely immersed.

18VAC41-70-15. Gratuitous services.

Any individual who engages in esthetics or master esthetics without receiving compensation, reward, or obligation is considered to be performing gratuitous services and is exempt from the provisions of this chapter. Gratuitous services do not include services provided at no charge when goods are purchased.

18VAC41-70-20. General requirements for an esthetician license or master esthetician license.

A. Any individual wishing to engage in esthetics or master esthetics shall must obtain a license in compliance with § 54.1-703 of the Code of Virginia and meet the following qualifications:

1. The applicant shall must be in good standing as a licensed esthetician or master esthetician in Virginia and all other jurisdictions where licensed, certified, or registered. The applicant shall disclose to the board at the time of application for licensure must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions in connection with the applicant's practice as an esthetician to the board at the time of application for licensure. This includes monetary penalties, fines, probation, 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 an applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein who 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 must disclose the applicant's physical address. A post office box is not acceptable may be provided as a secondary address.

3. The applicant shall must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia esthetics license laws and this chapter.

4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must 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 involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury; and

b. All felony convictions within 20 10 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.

5. The applicant shall must provide evidence satisfactory to the board that the applicant has passed the board-approved examination requirement administered either by the board or by independent examiners.

B. Eligibility to sit for board-approved examination.

1. Training in the Commonwealth of Virginia. Any person completing an approved esthetics training program or a master esthetics training program in a Virginia licensed esthetics school shall be one of the following programs is eligible for the applicable examination.:

a. An approved esthetics or master esthetics training program in a Virginia licensed esthetics or master esthetics school; or

b. A registered apprenticeship.

2. Training outside of the Commonwealth of Virginia.

a. Any person completing esthetics training or an apprenticeship program that is substantially equivalent to the Virginia program but is outside of the Commonwealth of Virginia must submit to the board documentation of the successful completion of training to be eligible for examination. If less than the required hours of esthetics training was completed, an Applicants who have earned a degree from an institution outside the United States must have the degree translated, authenticated, and evaluated by an education evaluation service if the applicant is seeking credit for the education. The board, in its discretion, may decline to accept any evaluation submitted by an applicant.

b. An applicant who has completed a training or apprenticeship program that is not substantially equivalent to Virginia's training must submit a certificate, diploma, or other documentation acceptable to the board verifying the completion of a substantially equivalent esthetics course and documentation of six months three years of work experience. An applicant should provide a work history demonstrating three years of experience as an a licensed esthetician in order to be eligible for the or master esthetician examination in any other state or jurisdiction of the United States on a form provided by the board.

18VAC41-70-30. License by endorsement.

A. Upon proper application to the board, any person currently licensed to practice as an esthetician or master esthetician or who is a licensed instructor in the respective profession in any other state or jurisdiction of the United States and who has completed both a training or apprenticeship program and a written examination and a practical examination that are substantially equivalent to those the training and examination required by this chapter may be issued an esthetician or master esthetician license or the respective instructor certificate without an examination. The applicant must also meet the requirements set forth in 18VAC41-70-20 A.

B. Applicants for licensure by endorsement who have completed an equivalent training or apprenticeship program and whose state only utilizes one licensing examination (written or practical) that is substantially equivalent to that required by this chapter may take the other examination (written or practical) in Virginia to qualify for licensure.

C. Applicants for licensure by endorsement who have completed a training or apprenticeship program that is not substantially equivalent to Virginia's training but otherwise meet all the requirements listed in subsection A of this section may substitute three years of work experience for training. Applicants must provide a work history demonstrating three years of licensed experience in any other state or jurisdiction of the United States on a form provided by the board.

18VAC41-70-35. Apprenticeship training.

A. Licensed estheticians and master estheticians who train apprentices shall must comply with the standards for apprenticeship training established by the Division of Registered Apprenticeship of the Virginia Department of Labor and Industry and the Virginia Board for Barbers and Cosmetology. Owners of esthetics spas who train apprentices shall comply with the standards for apprenticeship training established by the Division of Registered Apprenticeship of the Virginia Department of Labor and Industry.

B. Any person completing the Virginia apprenticeship program in esthetics or master esthetics shall be eligible for examination Licensed spas where apprentices train must comply with the standards for registered apprenticeship training.

18VAC41-70-40. Examination requirements and fees.

A. Applicants for initial licensure shall must pass both a the practical and written examination and a practical portion of the examination approved by the board. The examinations may be administered by the board or by a designated testing service.

B. Any applicant who passes one part of the examination shall will not be required to take that part again, provided both parts are passed within one year of the initial examination date.

C. Any candidate failing to appear as scheduled for examination shall forfeit the examination fee.

D. C. The fee for examination or reexamination is subject to contracted charges to the board by an outside vendor. These contracts are competitively negotiated and bargained for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with these contracts. The fee shall will not exceed $225 per candidate.

E. D. Any candidate failing to apply for initial licensure within five years of passing both a the practical and written portions of the examination and a practical examination shall will be required to retake both portions. Records of examinations shall be maintained for a maximum of five years.

E. Any applicant who does not pass a reexamination within one year of the initial examination date will be required to submit a new application.

18VAC41-70-50. Reexamination requirements. (Repealed.)

Any applicant who does not pass a reexamination within one year of the initial examination date shall be required to submit a new application and examination fee.

18VAC41-70-60. Examination administration.

A. The examination shall must be administered by the board or the designated testing service. The practical examination shall must be supervised by a chief examiner.

B. Every esthetics or master esthetics examiner shall must hold a current Virginia license in his the respective profession, have three or more years of active experience as a licensed professional, and be currently practicing in that profession. Examiners shall attend training workshops sponsored by the board or by a testing service acting on behalf of the board.

C. No certified esthetics or master esthetics instructor who (i) is currently teaching, (ii) is a school owner, or (iii) is an apprentice sponsor shall may be an examiner.

D. Each esthetics or master esthetics chief examiner shall must (i) hold a current Virginia license in his the respective profession, (ii) have five three or more years of active experience in that profession, (iii) have three years one year of active experience as an examiner, and (iv) be currently practicing in his the respective profession. Chief examiners shall attend training workshops sponsored by the board or by a testing service acting on behalf of the board.

E. The applicant shall must follow all procedures established by the board with regard to conduct at the examination. Such procedures shall include written instructions communicated prior to the examination date and instructions communicated at the site, either written or oral, on the date of the examination. Failure to comply with all procedures established by the board and the testing service with regard to conduct at the examination may be grounds for denial of application.

F. Examiners and chief examiners must attend training workshops sponsored by the board or by a testing service acting on behalf of the board.

18VAC41-70-80. General requirements for spa license.

A. Any firm wishing to operate an esthetics spa shall, including any mobile spa, must obtain a spa license in compliance with § 54.1-704.1 of the Code of Virginia, and shall must meet the following qualifications in order to receive a license:

1. The applicant, and all members of the responsible management, shall must be in good standing as a licensed spa in Virginia and all other jurisdictions where licensed, certified, or registered. The applicant and all members of the responsible management shall disclose to the board at the time of application for licensure, must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions in connection with the applicant's operation of any esthetics spa or practice of the profession to the board at the time of application for licensure. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or and voluntary termination of a license. The applicant shall disclose to the board at the time of application for licensure if the applicant or any member of responsible management has been previously licensed in Virginia as an esthetics spa.

Upon review of the applicant's and all members of the responsible management's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein that it deems the applicant is unfit or unsuited to engage in the operation of an esthetics spa. 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 must disclose the applicant's physical address. A post office box is not acceptable may be provided as a secondary address. Mobile spas must provide a physical address where the spa is permanently garaged.

3. The applicant shall must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia esthetics license laws and this chapter.

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

a. All misdemeanor convictions within two years of the date of application 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 10 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.

5. The applicant shall must disclose the firm's responsible management.

B. Spa licenses are issued to firms as defined in this chapter and shall will not be transferable and shall bear the same name and address of the business. Any changes in the name or address of the spa shall must be reported to the board in writing within 30 days of such changes. The board shall will not be responsible for the licensee's, certificate holder's, or permit holder's failure to receive notices, communications, and correspondence caused by the licensee's, certificate holder's, or permit holder's failure to promptly notify the board in writing of any change of name or address or for any other reason beyond the control of the board.

C. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void and shall be returned to the board within 30 days of the change. Additionally, the The firm shall must notify the board, apply for a new license, within 30 days of the change in the business entity, and destroy the license. Such changes include:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Conversion, formation, or dissolution of a corporation, a limited liability company, association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

D. Any change in the officers of a corporation, managers of a limited liability company, or officers or directors of an association shall must be reported to the board in writing within 30 days of the change.

E. The board or any of its agents shall must be allowed to inspect during reasonable hours any licensed spa for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter. For purposes of a board inspection, "reasonable hours" means the hours between 9 a.m. and 5 p.m.; however, if the licensee generally is not open to the public substantially during the same hours, "reasonable hours" shall mean the business hours when the licensee is open to the public.

18VAC41-70-90. General requirements for a school license.

A. Any firm wishing to operate an esthetics school shall must submit an application to the board at least 60 days prior to the date for which approval is sought, obtain a school license in compliance with § 54.1-704.2 of the Code of Virginia, and meet the following qualifications in order to receive a license:

1. The applicant and all members of the responsible management shall must be in good standing as a licensed esthetics school in Virginia and all other jurisdictions where licensed, certified, or registered. The applicant and all members of the responsible management shall disclose to the board at the time of application for licensure, must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions in connection with the applicant's operation of any esthetics school or practice of the profession to the board at the time of application for licensure. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action, or and voluntary termination of a license. The applicant shall disclose to the board at the time of application for licensure if the applicant or any member of the responsible management has been previously licensed in Virginia as an esthetics school.

Upon review of the applicant's and all members of the responsible management's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein that it deems the applicant is unfit or unsuited to engage in the operation of an esthetics school. 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 must disclose the applicant's physical address. A post office box is not acceptable may be provided as a secondary address.

3. The applicant shall must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia esthetics license laws and this chapter.

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

a. All misdemeanor convictions within two years of the date of application 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 10 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.

5. The applicant shall must disclose the firm's responsible management.

B. Esthetics school licenses are issued to firms as defined in this chapter and shall are not be transferable and shall bear the same name and address as the school. Any changes in the name or the address of record or principal place of business of the school shall must be reported to the board in writing within 30 days of such change. The board shall will not be responsible for the licensee's, certificate holder's, or permit holder's failure to receive notices, communications, and correspondence caused by the licensee's, certificate holder's, or permit holder's failure to promptly notify the board in writing of any change of name or address or for any other reason beyond the control of the board. The name of the school must indicate that it is an educational institution. All signs or other advertisements must reflect the name as indicated on the license issued by the board and contain language indicating it is an educational institution.

C. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void and shall be returned to the board within 30 days of the change. Additionally, the The firm shall must notify the board, apply for a new license within 30 days of the change in business entity, and destroy the license. Such changes include:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Conversion, formation, or dissolution of a corporation, a limited liability company, an association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

D. Within 30 days of ceasing to operate, whether through dissolution or alteration of the business entity, the school must provide a written report to the board detailing the performances and hours of each student who has not completed the program.

E. Any change in the officers of a corporation, managers of a limited liability company, or officers or directors of an association shall must be reported to the board in writing within 30 days of the change.

E. F. Esthetics schools under the Virginia Department of Education shall be exempted are exempt from licensure requirements.

F. G. The board or any of its agents shall must be allowed to inspect during reasonable hours any licensed 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. For purposes of a board inspection, "reasonable hours" means the hours between 9 a.m. and 5 p.m.; however, if the licensee generally is not open to the public substantially during the same hours, "reasonable hours" shall mean the business hours when the licensee is open to the public.

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

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

1. The applicant shall must be in good standing as a licensed esthetician, master esthetician, or instructor, respectively, in Virginia and all other jurisdictions where licensed, certified, or registered. The applicant shall disclose to the board at the time of application for licensure must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions in connection with the applicant's practice since being previously licensed as an esthetician or master esthetician to the board at the time of application for certification. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license or certification in connection with a disciplinary action, or voluntary termination of a license or certification. 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 certification to any applicant wherein it that the board deems the applicant is unfit or unsuited to engage in the instruction of 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 must hold and maintain a current Virginia esthetics esthetician or master esthetician license, respectively;

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

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

b. Complete Pass 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 must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions since being previously licensed as an esthetician or master esthetician:

a. All misdemeanor convictions within two years of the date of the application 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 10 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 certification to any applicant in accordance with § 54.1-204 of the Code of Virginia.

B. Instructors shall be required to maintain a Virginia esthetician license Certified instructors may teach in any profession in which they hold the underlying license.

18VAC41-70-105. Student instructor temporary license.

A. A licensed esthetician or master esthetician may be granted a 12-month student instructor temporary license to function under the direct supervision of a certified instructor in a licensed school. No subsequent student instructor temporary license will be issued. A student instructor must pass an instructor examination administered by the board or by a testing service acting on behalf of the board.

B. A student instructor may teach in any profession in which the student instructor holds the underlying license. Failure to maintain an esthetician or master esthetician license will disqualify an individual from holding a student instructor temporary license.

C. Licensed estheticians and master estheticians may also supervise waxing student instructor temporary license holders. Licensed master estheticians may also supervise esthetician student instructor temporary license holders.

D. The student instructor temporary license holder must be associated with both a school and a direct supervisor.

E. Temporary licenses may not be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-70-100.

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.

18VAC41-70-120. Fees.

The following fees apply:. All fees are nonrefundable and will not be prorated.

FEE TYPE	AMOUNT DUE September 1, 2022, through and August 31, 2024	AMOUNT DUE September 1, 2024, and after	WHEN DUE
Individuals:
Application	$90	$105	With application
License by Endorsement	$90	$105	With application
Renewal	$90	$105	With renewal card prior to expiration date
Reinstatement	$180* *includes $90 renewal fee and $90 reinstatement fee	$210* *includes $105 renewal fee and $105 reinstatement fee	With reinstatement application
Instructors Instructor Certificate:
Application	$110	$125	With application
License by Endorsement	$110	$125	With application
Renewal	$110	$150 $20	With renewal card prior to expiration date
Reinstatement	$220* *includes $110 renewal fee and $110 reinstatement fee	$300* $40* *includes $150 $20 renewal fee and $150 $20 reinstatement fee	With reinstatement application
Spas:
Application	$165	$190	With application
Renewal	$165	$190	With renewal card prior to expiration date
Reinstatement	$330* *includes $165 renewal fee and $165 reinstatement fee	$380* *includes $190 renewal fee and $190 reinstatement fee	With reinstatement application
Schools:
Application	$185	$220	With application
Renewal	$185	$220	With renewal card prior to expiration date
Reinstatement	$370* *includes $185 renewal fee and $185 reinstatement fee	$440* *includes $220 renewal fee and $220 reinstatement fee	With reinstatement application

18VAC41-70-130. Refunds. (Repealed.)

All fees are nonrefundable and shall not be prorated.

18VAC41-70-140. License renewal required.

A license or certificate issued under this chapter shall will expire two years from the last day of the month in which it was issued.

18VAC41-70-150. Notice of renewal.

The Department of Professional and Occupational Regulation will mail a renewal notice to the licensee or certificate holder outlining the procedures for renewal. Failure to receive this notice, however, shall does not relieve the licensee or certificate holder of the obligation to renew. If the licensee or certificate holder fails to receive the renewal notice, a copy of the old license or certificate may be submitted as evidence of intent to renew, along with the required fee.

18VAC41-70-160. Failure to renew.

A. When a licensee an individual or business entity fails to renew its license or certificate within 30 days following its the 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 or certificate holder must pay the reinstatement fee.

B. When a licensee an individual or business entity fails to renew its license or certification within two years following the expiration date, reinstatement is no longer possible. To resume practice:

1. The former licensee or certificate holder shall must apply for licensure or certification as a new applicant and shall must meet all current entry requirements for each respective license or certificate. Individuals applying for licensure under this section shall be eligible to apply for a temporary license from the board under 18VAC41-70-70.

2. An individual initially granted licensure under an examination exemption, known as grandfathering, pursuant to § 54.1-703.3 of the Code of Virginia shall submit a new application showing the individual met the requirements of the applicable examination waiver provision, demonstrate five years of previously licensed experience, in Virginia for a minimum of three years must submit a new application and pass the required examination.

C. The application for reinstatement for If a licensed school shall fails to renew its license within 30 days following the expiration date, the licensee must pay the reinstatement fee.

1. After 180 days, the school must submit a reinstatement application and must 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 After 180 days, 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 Pursuant to 18VAC41-70-90, upon receipt of the reinstatement fee, application package, and inspection results, the board may reinstate the school's license, or require requalification, or both.

2. 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 will 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.

D. 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.

E. When a license or certificate is reinstated, the licensee shall have the same license number and shall or certificate holder will be assigned an expiration date two years from the previous expiration date of the license last day of the month of reinstatement.

F. A licensee or certificate holder that reinstates its license shall or certificate will be regarded as having been continuously licensed without interruption. Therefore, a licensee shall or certificate holder will be subject to the authority of the board for activities performed prior to reinstatement.

G. A licensee or certificate holder that fails to reinstate its license shall or certificate will be regarded as unlicensed or uncertified from the expiration date of the license or certificate forward. Nothing in this chapter shall will divest the board of its authority to discipline a licensee or certificate holder for a violation of the law or regulations during the period of time for which the individual or business entity was licensed or certified.

18VAC41-70-180. General requirements.

An esthetics school shall must:

1. Hold a school license for each and every location. Any suites or classrooms that are located in a different building or are further than 500 feet from the main office are considered a separate location and require the school hold an additional license.

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

3. For esthetics courses, employ a staff Employ and ensure all training is conducted under the direct supervision of licensed and certified esthetics instructors or licensed and certified master esthetics instructors, respectively.

a. Licensed and certified esthetics instructors and master esthetics instructors may also instruct a waxing program.

b. Licensed and certified master esthetics instructors may also instruct an esthetics program.

c. Any change in instructors must be reported to the board within 30 days of the change.

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

5. 4. Develop individuals for entry-level competency in esthetics and master esthetics.

6. 5. Submit its curricula for board approval. Esthetician curricula shall must be based on a minimum of 600 clock or equivalent credit hours and shall must include performances in accordance with 18VAC41-70-190 B. Master esthetician curricula shall must be based on a minimum of 600 clock or equivalent credit hours and shall must include performances in accordance with 18VAC41-70-190 C. All changes to curricula must be resubmitted and approved by the board. The theory portions of the curriculum may be offered online. Practical instruction must be obtained in a traditional brick-and-mortar classroom setting. Schools must utilize technologies and practices that are effective in verifying the identity of distance-learning students who participate in class or coursework (e.g., a secure login and passcode) while protecting student privacy. Educational technologies must be capable of monitoring a student's time and activities. There must be a measure of competency (e.g., an examination) of the information the student is taught online, which must be completed in a traditional brick-and-mortar classroom.

7. 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 spa in plain view of the public.

8. 7. 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.

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

A. Each esthetics school shall must submit with its application a curriculum, including a course syllabus, a detailed course content outline, a sample of five lessons lesson plans, a sample of evaluation methods to be used, days and hours of instruction, program length, a sample of a final transcript, 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 outline for esthetics curriculum and hours of instruction in this technology shall consist of 600 hours or equivalent credit hours and shall must 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) (SDS);

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 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 outline for master esthetics curriculum and hours of instruction in this technology shall consist of 600 hours or equivalent credit hours and shall must 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

j. Safety Data Sheet (MSDS) (SDS); and

j. k. 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 enzymes, herbal exfoliations, and vitamin-based peels;

l. Pretreatments and posttreatments for enzymes, 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 transfer 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 transfer 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 must make the assessment based on a review of the student's transcript, documentation of hours and performances provided to the student by the school, 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 must 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;

2. Curriculum;

3. Course outline and development;

4. Lesson planning;

5. Classroom management;

6. Teaching techniques;

7. Methods of 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. Supervision of clinic floor; and

18. Practicum teaching.

18VAC41-70-200. Practical performance requirements.

A. The curriculum for estheticians shall must 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

B. The curriculum for master estheticians shall must include the following minimum performances:

Advanced treatments	40
Microdermabrasion	50
Chemical exfoliation	75
Lymphatic drainage treatments	50
TOTAL	215

18VAC41-70-210. School equipment. (Repealed.)

A. 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.

B. 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.

C. 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.

D. 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.

18VAC41-70-230. Records.

A. Schools shall must 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:

1. Enrollment application containing the student's signature and a two-inch by two-inch color head and shoulders photograph of the student,;

2. Daily record of attendance containing the student's signature,;

3. Student clock hours containing the student's signature and method of calculation,;

4. Practical performance completion sheets containing the student's signature,;

5. Final transcript,;

6. Competency examinations used to award credit,

7. 6. Course descriptions,; and

8. 7. All other relevant documents that account for a student's accrued clock hours and practical applications.

B. Schools shall must 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.

C. Schools shall must, 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.

D. 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.

E. 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.

18VAC41-70-240. Reporting.

A. Schools shall Each school must 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 student rosters to the board quarterly, no later than January 15, April 15, July 15, and October 15 of every year.

1. Each must provide a roster of all enrolled students and a roster of students who attended in the preceding six months prior to the reporting deadline.

2. Students who are enrolled but have not begun classes must be included in the report.

B. 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 Rosters must be submitted via a secure link provided by the board on the board-supplied document, which will include the student's full name, date of birth, program type, date enrolled, the total number of hours to date, and the date completed, terminated, or withdrawn.

C. Schools with no students enrolled, but with the intention of operating, must submit a report to that effect.

D. Schools with no students enrolled that no longer wish to operate should terminate the license in accordance with this chapter.

18VAC41-70-250. Scope of practice.

A. Each licensed spa or school shall must ensure that no licensee or student performs any service beyond the scope of practice for the esthetician or master esthetician license.

B. For chemical exfoliation of the epidermis by a licensed master esthetician, the standards for use of an exfoliator or concentration of acids shall will be:

1. Jessner and Modified Jessner solution;

2. Trichloracetic acid less than 20%;

3. Nonprescriptive alpha hydroxyl acids;

4. Nonprescriptive beta hydroxyl acids;

5. Nonprescriptive, commercially available products used in accordance with manufacturer's written instructions;

6. Vitamin-based acids;

7. Enzymes; or

8. Herbal exfoliators.

18VAC41-70-260. Display of license.

A. Each licensed spa or school shall must ensure that all current licenses and temporary licenses issued by the board shall be are 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 must be posted in a like similar manner in every spa or school location where the licensee or temporary license holder provides services.

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

C. All Proof of apprenticeship cards registration issued by the applicable agency of the Virginia Department of Labor and Industry (DOLI) shall Workforce Development Advancement (VDWDA) must 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 must require each apprentice to wear a badge clearly indicating his status as a DOLI VDWDA registered apprentice.

18VAC41-70-270. Sanitation and safety standards for spas and schools.

A. Sanitation and safety standards.

1. Any spa or school where esthetics services are delivered to the public must be clean and sanitary at all times.

2. Mobile spas must be stationary while providing services and may not operate where prohibited by local ordinance.

2. 3. 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.

3. 4. Licensees shall must take sufficient measures to prevent the transmission of communicable and infectious diseases and comply with the sanitation standards identified in this section and shall must ensure that all employees likewise comply.

B. Disinfection and storage of implements.

1. A Each esthetician and master esthetician must have a wet disinfection unit available for use and must meet the standards in the definition of wet disinfection requirements 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 U.S. Environmental Protection Agency (EPA) registered disinfectant that is bactericidal, virucidal, and fungicidal. Disinfectant solutions shall any disinfection solutions must be used according to manufacturer's directions manufacturer instructions.

2. Disinfection of multiuse items implements constructed of hard, nonporous materials such as metal, glass, or plastic, that the manufacturer designed for use on more than one client, is to be carried out in the following manner prior to servicing a client:

a. 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;

b. Wash thoroughly with hot water and soap;

c. Rinse thoroughly with clean water and dry thoroughly with a clean paper towel;

d. Fully immerse implements into wet disinfectant solution for a minimum of 10 minutes; and

e. After immersion, rinse articles, dry thoroughly with a clean paper towel, and store in a clean, predisinfected, and dry cabinet, drawer, or nonairtight sealed covered container, or leave instruments in an EPA-registered a wet disinfection storage solution unit used according to manufacturer's directions.

3. 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 wood implements, chamois, skin care implements, or disposable razors. The disinfection and reuse of these items is not permitted and the use of single-use items on more than one client is prohibited.

4. 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 must be clean.

5. 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 disinfectant that is bactericidal, virucidal, and fungicidal. 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.

6. 5. All wax pots shall must be cleaned and disinfected with an EPA-registered disinfectant that is bactericidal, virucidal, and fungicidal with no sticks left standing in the wax at any time. The area immediately surrounding the wax pot shall must be clean and free of clutter, waste materials, spills, and any other items that may pose a hazard.

7. Each esthetician must have a wet disinfection unit at his station.

8. 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, dried thoroughly with a clean paper towel, and then completely immersed in an EPA-registered disinfectant that is bactericidal, virucidal, and fungicidal 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.

9. 6. Sinks, bowls, tubs, whirlpool units, air-jetted basins, pipe-less units, and non-whirlpool basins used in necessitated by the performance of nail skin care shall services must be maintained in accordance with manufacturer's recommendations. They shall must be cleaned and disinfected immediately after each client in the following manner:

a. Drain all water and remove all debris;

b. Clean the surfaces and walls with soap or detergent to remove all visible debris, oils, and product residues and then rinse with water;

c. Disinfect by spraying or wiping the surface with an EPA-registered disinfectant that is bactericidal, virucidal, and fungicidal in accordance with manufacturer directions; and

d. Wipe dry with a clean towel.

C. General sanitation and safety requirements.

1. Service chairs, workstations and workstands, and back bars shall must be clean;

2. The floor surface in all work areas must be of a washable surface other than carpet. The floor must be kept clean and free of debris, nail clippings, dropped articles, spills, clutter, trash, electrical cords, other waste materials, and other items that may pose a hazard;

3. All furniture, fixtures, walls, floors, windows, and ceilings shall must be in good repair and free of water seepage and dirt. All mats shall must be secured or shall lie flat;

4. A fully functional bathroom with a working toilet and sink must be available for clients. There must be hot and cold running water. Fixtures must be in good condition. The bathroom must be lighted and sufficiently ventilated. There must be soap and clean single-use towels or a hand air-drying device for the client's use. For facilities newly occupied after January 1, 2017, the bathroom shall must be maintained exclusively available for client use or shared with other businesses in the same building. If the bathroom is shared, the bathroom shall be available for client use and within 200 feet of the entrance and must adhere to all sanitation requirements of this chapter;

5. General areas for client use must be neat and clean with a waste receptacle for common trash;

6. 5. Electrical cords shall must be placed to prevent entanglement by the client or licensee and electrical outlets shall must be covered by plates;

7. 6. All sharp tools, implements, and heat-producing appliances shall must be in safe working order at all times, safely stored, and placed so as to prevent any accidental injury to the client or licensee;

8. 7. The spa area shall must be sufficiently ventilated to exhaust hazardous or objectionable airborne chemicals and to allow the free flow of air; and

9. 8. Adequate lighting shall must be provided.

D. Articles, tools, and products.

1. Any multiuse article, tool, or product that cannot be cleansed or disinfected is prohibited from use;

2. Soiled implements must be removed from the tops of work stations immediately after use;

3. Clean spatulas, other clean tools, or clean disposable gloves shall must be used to remove bulk substances from containers;

4. Any multiuse article, tool, or product that cannot be disinfected by full immersion as specified in 18VAC41-70-270 B 2 or cleaned according to manufacturer's recommendation, including natural hairbrushes or neck dusters, is prohibited from use;

4. 5. Lotions, ointments, creams, and powders shall must be accurately labeled and kept in closed containers. A clean spatula shall must be used to remove creams or other products from jars. Sterile cotton or sponges shall must be used to apply creams, lotions, and powders. Cosmetic containers shall must be covered after each use;

5. 6. All appliances shall must be safely stored;

6. 7. Presanitized tools and implements, linens, and equipment shall must be stored for use in a sanitary enclosed cabinet or covered receptacle;

7. 8. Clean towels, robes, or other linens shall must be used for each patron. Clean towels, robes, or other linens shall must be stored in a clean predisinfected and dry cabinet, drawer, or nonairtight covered container. Soiled towels, robes, or other linens shall must be stored in a container enclosed on all sides, including the top, except if stored in a separate laundry room;

8. 9. No substance other than a sterile styptic powder or sterile liquid astringent approved for homeostasis and applied with a sterile single-use applicator shall may be used to check bleeding; and

9. 10. Any disposable material making contact with blood or other body fluid shall must be double-bagged, labeled as a biohazard, and 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) closed receptacle.

E. Chemical storage and emergency information.

1. Spas and schools shall must have in the immediate working area a binder with all Safety Data Sheets (SDS) provided by manufacturers for any chemical products used;

2. Spas and schools shall must 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 Occupational Safety and Heath Administration (OSHA) approved blood spill clean-up kit;

3. Flammable chemicals shall must be labeled and stored in a nonflammable storage cabinet or a properly ventilated room; and

4. Chemicals that could interact in a hazardous manner (e.g., oxidizers, catalysts, and solvents) shall must be labeled and separated in storage.

F. Client health guidelines.

1. All employees providing client services shall must cleanse their hands with a soap product prior to providing services to each client;

2. All employees providing client services shall must wear gloves while providing services when exposure to bloodborne pathogens is possible;

3. No spa or school providing esthetics services shall will 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;

4. No product shall will be used in a manner that is disapproved by the FDA; and

5. Esthetics spas must be in compliance with current building and zoning codes.

G. In addition to the requirements set forth in this section, all licensees and temporary license holders shall must 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.

H. All spas and schools shall must 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.

I. All spas and schools shall must 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.

18VAC41-70-280. Grounds for license or certificate revocation, probation, or suspension, or probation; denial of application, renewal or reinstatement; or imposition of a monetary penalty.

The board may, in considering the totality of the circumstances, fine any licensee, certificate holder, or temporary license holder; suspend, place on probation, revoke, or refuse to issue, renew, or reinstate any a license, or certificate, or temporary license; or deny any application impose a monetary penalty; place a license or certificate on probation with such terms and conditions and for such time as it may designate; suspend a license or certificate for a stated period of time; or revoke a license or certificate 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 temporary license holder, or applicant:

1. Is incompetent, negligent, or incapable mentally or physically unable, as a result of any mental or physical condition, as those terms are generally understood in the profession, to skillfully and safely (i) practice as an esthetician or (ii) operate a spa or school;

2. Is convicted of fraud or deceit in the practice or teaching of esthetics or master esthetics, fails to teach in accordance with the board-approved curriculum as provided for in this chapter, or fails to comply with 18VAC41-70-190 D when making an assessment of credit hours awarded;

3. Attempts to obtain, or has obtained, renewed, or reinstated a license, certificate, or temporary license by false or fraudulent representation;

4. Violates, 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;

5. 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 the employee's duties, any federal, state, or local law, regulation, or ordinance governing esthetics or master esthetics;

6. 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 the board's agents;

7. Fails or refuses to allow the board or any of its agents to inspect during reasonable hours any licensed spa 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;

8. 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 responsible management's possession or maintained in accordance with this chapter;

9. 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;

10. Makes any misrepresentation or publishes or causes to be published any advertisement that is false, deceptive, or misleading;

11. 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 any final or disciplinary action taken against a license, registration, certificate, or temporary license in any jurisdiction or of any license or temporary license that has been the subject of disciplinary action in any jurisdiction by a local, state, or national regulatory body;

12. 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, non-marijuana 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;

13. 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;

14. Allows, as responsible management of a spa or school, a person who has not obtained a license or a temporary permit license to practice, unless the person is duly enrolled as a registered apprentice;

15. Allows, as responsible management of a school, a person who has not obtained an instructor certificate or student instructor temporary license to practice as an esthetics or a master esthetics instructor;

16. 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

17. Fails to comply with all procedures established by the board and the testing service with regard to conduct at any board examination.