TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BARBERS AND COSMETOLOGY

Proposed Regulation

Title of Regulation: 18VAC41-20. Barbering and Cosmetology Regulations (amending 18VAC41-20-10 through 18VAC41-20-40, 18VAC41-20-60, 18VAC41-20-80, 18VAC41-20-100, 18VAC41-20-110 through 18VAC41-20-140, 18VAC41-20-160 through 18VAC41-20-280; adding 18VAC41-20-15; repealing 18VAC41-20-50, 18VAC41-20-70, 18VAC41-20-150).

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 barbering, cosmetology, nail care, or waxing 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) the 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.

Substance: The proposed amendments:

1. Revise, add, and remove definitions.

2. Provide clarification on exemption from licensure and what are considered gratuitous services.

3. Revise the provisions regarding disclosure of prior regulatory discipline to (i) require that an applicant must provide a copy of prior disciplinary actions taken in all jurisdictions; (ii) add probation to the types of disciplinary actions that must be reported; (iii) remove a requirement that an applicant disclose whether the applicant previously held a license in Virginia as a barber, master barber, cosmetologist, nail technician, or wax technician; (iv) remove duplicative language providing that the board will decide cases by taking into account the totality of the circumstances; and (v) remove provisions 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.

4. Allow all applicants to provide a post office box address as a secondary address to a physical address, provided that a mobile shop or salon must provide a physical address where the shop or salon is permanently garaged.

5. Revise the provisions regarding disclosure of prior criminal history to (i) clarify the misdemeanor reporting requirements; (ii) require only the disclosure of felony convictions occurring within 10, rather than 20, years of the date of application; and (iii) remove provisions 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.

6. Revise provisions regarding eligibility to sit for the board-approved examination to (i) significantly reorganize the provisions of the section, including relocating to the section provisions regarding examination eligibility that are located in other sections; (ii) reduce from five years to three years the amount of required experience for applicants who received training outside of Virginia in a training program that is not substantially equivalent to Virginia training; and (iii) revise the provisions to provide that an applicant who has 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. Currently, the chapter does not allow for out-of-country training to be accepted to sit for the respective license examination.

7. Revise licensure by endorsement to (i) allow for individuals who have completed an apprenticeship program that is substantially equivalent to that required by the chapter to qualify for licensure by endorsement; (ii) reduce from five to three years the amount of work experience required in lieu of training for applicants who completed a training program that is not substantially equivalent to Virginia's training requirements; and (iii) incorporate provisions of board guidance by enabling individuals endorsing from other states who have completed one examination (written or practical) that is substantially equivalent to the Virginia examination to take the other examination (written or practical, as applicable) in Virginia.

8. Revise apprenticeship training to (i) remove a provision that those completing a registered apprenticeship are eligible to sit for the license examination, which will be relocated to 18VAC41-20-20, and (ii) provide that licensed shops or salons where apprentices train must comply with standards for registered apprenticeship training.

9. Repealing exceptions to training requirements that are no longer necessary and relocating certain provisions.

10. Revise examination requirements and fees to (i) clarify that the license examination consists of both a practical and a written portion, as opposed to separate examinations; (ii) remove a provision that failing to appear for a scheduled examination results in forfeiting of the examination fee; (iii) remove a provision that the examination is administered by the board or a designated testing services; (iv) remove a provision that examination records will be maintained for a maximum of five years; and (v) move the reexamination requirements currently in 18VAC41-20-70 to 18VAC41-20-60.

11. Add a provision that a licensed cosmetologist may serve as an examiner for any discipline that falls within the scope of the cosmetology profession, such as nail technician and wax technician, and combine training requirements for examiners and chief examiners.

12. Revise provisions regarding disclosure of prior regulatory discipline for barber instructor certificate, cosmetology instructor certificate, nail technician instructor certificate, or wax technician instructor certificate applicants to (i) require that an applicant provide a copy of prior disciplinary actions taken in all jurisdictions; (ii) add probation to the types of disciplinary actions that must be reported; (iii) remove a requirement that an applicant disclose whether the applicant has been previously certified in Virginia as a barber, master barber, cosmetology, nail technician, or wax technician instructor; (iv) remove duplicative language that the board will decide each case by taking into account the totality of circumstances; and (v) remove language that states that 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.

13. Combine provisions that require an applicant hold and maintain a license in the profession to qualify for certification.

14. Revise training qualifications for instructors to require that a barber instructor certificate, cosmetology instructor certificate, nail technician instructor certificate, or wax technician 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 and to remove a provision allowing an applicant to qualify based on completing a board-approved instructor training course.

15. Revise the provisions regarding disclosure of criminal convictions for barber instructor certificate, cosmetology instructor certificate, nail technician instructor certificate, or wax technician instructor certificate applicants to (i) provide that an applicant only disclose criminal convictions occurring since initial licensure; (ii) clarify the misdemeanor reporting requirements; (iii) require only the disclosure of felony convictions occurring within 10, rather than 20, years of the date of application; and (iv) remove provisions that a plea of nolo contendere is considered a conviction and that the record of a conviction will be accepted as prima facie evidence.

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

17. Revise requirements related to student instructor temporary licensure, including (i) replacing the term "temporary permit" with "temporary license" so as to conform the regulation with terminology with the provisions of the board's statutes; (ii) reflecting the current requirement that a student instructor must pass an instructor examination; (iii) adding provisions that student instructors may teach in any profession for which they hold the underlying license and student instructors must be associated with a school and direct supervisor; and (iv) providing that (a) licensed cosmetologists may supervise nail and waxing temporary license holders, (b) licensed estheticians may supervise waxing temporary license holders, and (c) licensed master barbers may supervise barber temporary license holders.

18. Clarify that mobile shops and salons must obtain a shop or salon license.

19. Revise provisions regarding the disclosure of prior regulatory discipline for shop, salon, and school license applicants to (i) require that an applicant and responsible management must provide a copy of prior disciplinary actions taken in all jurisdictions; (ii) add probation to the types of disciplinary actions that must be reported; (iii) remove a requirement that an applicant disclose whether the applicant or a member of the firm's responsible management previously held a license in Virginia as a barbershop, cosmetology salon, nail salon, or waxing salon or a barbering, cosmetology, nail, or wax school, respectively; (iv) remove a provision that the board will decide each case by taking into account the totality of circumstances; and (v) remove 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.

20. Revise the provisions regarding disclosure of prior criminal history for shop, salon, and school license applicants to (i) clarify the misdemeanor reporting requirements; (ii) require only the disclosure of felony convictions occurring within 10, rather than 20, years of the date of application; and (iii) remove 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.

21. 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, rather than returning the license to the board.

22. 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.

23. Combine 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 and reinstatement of an instructor certificate.

24. Remove the requirement that a licensee must submit a reinstatement application and revise the reinstatement provisions for individual licensees to require that an individual who 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.

25. 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.

26. Require any suites or classrooms that are located in a different building or are further than 500 feet from the main office to hold an additional license.

27. Clarify that a school must hold a shop license if the school receives compensation for services provided in its clinic.

28. Revise the provisions regarding school staff to (i) require that instructor programs be taught under the direct supervision of a certified instructor, (ii) clarify that licensed and certified barber or master barber instructors may teach straight razor shaving on the face and neck in a cosmetology school, and (iii) add a provision to require that any change in instructors be reported to the board within 30 days of the change.

29. Revise the provisions regarding minimum curriculum hours to reduce the number of minimum clock hours for barber, master barber, and dual barber/master barber, including reducing (i) barber curricula to a minimum of 750 clock hours from the current 1,100 clock hours requirement; (ii) master barber curricula to a minimum of 250 clock hours from the current 400 clock hours requirement; and (iii) dual barber/master barber curricula to a minimum of 1,000 clock hours from the current 1,500 clock hours requirement.

30. Add new provisions to incorporate previous board guidance for online instruction.

31. Revise the minimum curriculum requirements for a barber, master barber, and dual barber/master barber training program to align with the reduced minimum clock hours for the respective training program in 18VAC41-20-200 and specify the minimum number of hours required for each training subject.

32. Revise the minimum curriculum requirements for nail technician and wax technician training programs to specify the minimum number of hours required for each training subject.

33. Allow for schools to make a transfer student assessment based on (i) review of the student's transcript, (ii) documentation of hours and performances provided by the student, and (iii) completion of a competency examination. Currently, schools are required to review the student's transcript and conduct a board-approved competency examination.

34. Remove duplicative language regarding the minimum number of training hours.

35. Reduce the total number of required performances (i) from 370 to 332 for a barber training program, (ii) from 120 to 100 for a master barber training program, (iii) from 490 to 432 for a dual master/master barber training program, (iv) from 275 to 255 for a nail technician training program, and (v) from 36 to 30 for a wax technician training program.

36. Revise recordkeeping requirements to (i) require schools to maintain course descriptions for each student for five years after the student's completion of the curriculum, termination, or withdrawal and (ii) remove provisions requiring a school to provide a student with documentation of the student's hours and performances upon request for a period of one year after the school changes ownership.

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

38. Provide that mobile shops and salons must be stationary while providing services and may not operate where prohibited by local ordinance.

39. Adjust sanitation requirements based on current industry standards.

40. Revise the provisions regarding disinfection and storage of implements to (i) move the definition of "wet disinfection unit," (ii) provide that a wet disinfection unit must meet the standards established by the definition, (iii) update terms to reflect terminology used in the profession, (iv) add disposable razors to the list of single-use items that must be discarded after use on each individual client, and (v) discontinue requirement of sinks and bowls used for nail care to be cleaned and disinfected immediately after each use for a client.

41. Revise the 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) remove a requirement that any window in the bathroom must have a screen; (iii) reduce the stringency of requirements for bathrooms for facilities newly occupied after January 1, 2017, in which the bathroom must be available for client use and must adhere to the sanitation requirements in the regulation; and (iv) remove a requirement that central areas for client use be neat and clean and have a waste receptacle.

42. Revise the provisions regarding articles, tools, and products to provide that (i) any multiuse article, tool, or product that cannot be disinfected by full immersion or cleaned according to manufacturer's instructions, such as natural hair brushes or neck dusters, are prohibited from use and (ii) any disposable material making contact with blood or other body fluid must be double-bagged, labeled as a biohazard, and disposed of in a closed receptacle.

43. Revise client health guidelines to provide that a nail drill or motorized instrument must only be used on the artificial nail surface.

44. 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.

45. Revise prohibited acts to (i) prohibit the inability to practice with skill or safety as a result of any mental or physical condition; (ii) clarify that the curriculum must be board-approved and that a licensee must comply with the board's requirements for assessment of a student's competence when awarding credit hours for a transfer student; (iii) add certificate holders, temporary license holders, and responsible management in the entities who must produce documents, books, or records to the board upon request; (iv) 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; (v) remove language that provides 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; (vi) remove the prohibition on allowing an unlicensed individual to practice at a school; and (vii) 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. Further, the board's requirements will have greater clarity and be easier for regulants and applicants to read and understand. Another anticipated advantage is that the regulatory change potentially increases the number of individuals who may qualify for licensure, particularly in the barbering profession, and, therefore, be available to members of the public to provide services. The primary advantage to the Commonwealth is the continued successful regulation of barbers and cosmetologists who meet the minimum entry standards. The proposed amendments strengthen the department's ability to investigate and discipline regulants who disregard the health, safety, and welfare of the public. One disadvantage may be to schools that currently offer instructor courses as a method to qualify for an instructor certificate, as these 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 numerous amendments to 18VAC41-20, Barbering and Cosmetology Regulations. The amendments concern requirements for barbers, cosmetologists, nail technicians, wax technicians, instructors, examiners, shops, schools, and salons.

Background. The following proposed amendments either reduce requirements or make them less restrictive:

Sections 20, 100, 120, and 130. Changes to the general requirements for a barber, master barber, cosmetologist, nail technician, or wax technician license; an instructor certificate; a shop or salon license; and a school license would require only the disclosure of felony convictions occurring within 10 years of the date of application, instead of the current 20 years.

Section 20, General requirements for a barber, master barber, cosmetologist, nail technician, or wax technician license. Reduce the amount of required experience, for applicants who received training outside of Virginia in a training program that is not substantially equivalent to Virginia training, from five years to three years. Revise the provisions to 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. Currently, the regulations do not allow for out of country training to be accepted when an applicant seeks to sit for the respective license examination.

Section 30, License by endorsement. Reduce the amount of work experience required in lieu of training from five to three years for applicants who completed a training program that is not substantially equivalent to Virginia's training requirements.

Section 60, Examination requirements and fees. Remove a provision that examination records will be maintained for a maximum of five years.

Section 80, Examination administration. Reduce the requirements for chief examiners. Chief examiners would now be required to have three, rather than five, or more years of active experience in the respective profession and one year, rather than three years, of active experience as an examiner.

Section 110, Student instructor temporary license. Provide that (i) licensed cosmetologists may supervise nail and waxing temporary license holders; (ii) licensed estheticians may supervise waxing temporary license holders; and (iii) licensed master barbers may supervise barber temporary license holders.

Section 140, Fees. Under the current regulation, once an instructor certificate is obtained, the agency treats it as a license upgrade, meaning that upon renewal, an instructor must only pay the instructor certificate renewal fee ($150) but does not pay the fee for their first license renewal as a barber, master barber, cosmetologist, wax, or nail technician ($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 a license. Likewise, the same approach is currently used for instructor certificate reinstatements in that an applicant pays only the $300 instructor reinstatement fee but not the first license ($210) reinstatement fee for the underlying license. The board proposes to reduce the $300 fee to $40 but also proposes to require the applicant pay for the reinstatement of the underlying license fee ($210), reducing the total fee amount by $50 per case ($300 vs. $250).

Section 180, Failure to renew. Under both the current regulation and proposed regulations, when a school fails to renew its license within 30 days following its expiration date it must satisfactorily pass an inspection. Under the proposed regulation, the inspection would only occur if the school license has not been renewed for more than 180 days. For both the current and proposed regulations, when an individual fails to renew a license within two years following the expiration date, reinstatement is no longer possible. Under the current regulation, individuals who were not granted their initial licensure through grandfathering would have to meet all current requirements, including current coursework requirements. Under the proposed regulation, such individuals who were previously licensed in Virginia for at least three years would just need to submit a new application and pass the exam, rather than the current requirement to show training that meets current entry requirements and have at least five years of experience.

Section 200, General requirements. Changes would reduce the minimum number of curricular clock hours, as follows: (i) barbers, from 1,100 to 750; (ii) master barbers, from 400 to 250; and (iii) dual barber/master barber, from 1,500 to 1,000.

Section 210, Curriculum requirements. The minimum curriculum requirements for barber, master barber, and dual barber/master barber training programs would be revised to align with the reduced minimum clock hours for each program in Section 200.

Section 220, Practical performance requirements. Changes would reduce the minimum number of required performances, as follows: (i) barber, from 370 to 332; (ii) master barbers, from 120 to 100; (iii) dual barber/master barber, from 490 to 432; (iv) nail technicians, from 275 to 255; and (v) wax technicians, from 36 to 30.

Section 270, Sanitation and safety standards for shops, salons, and schools. Under the current regulation, the bathroom must be maintained exclusively for client use or shared with other businesses in the same building. If the bathroom is shared, the bathroom must be available for client use and within 200 feet of the entrance. The proposed regulation just states that the bathroom must be available for client use.

The following proposed amendments either increase requirements or make them more restrictive:

Section 100, General requirements for an instructor certificate. Under the current regulation, applicants for the instructor certificate must complete one of three options: (i) pass a course in teaching techniques at the post-secondary educational level; (ii) complete an instructor training course approved by the Virginia Board for Barbers and Cosmetology under the supervision of a certified barber, master barber, cosmetologist, nail technician, or wax technician instructor in a barber, cosmetology, nail technician, or wax technician school, respectively; or (iii) pass an examination in barber, master barber, cosmetology, nail technician, or
wax technician instruction, respectively, administered by the board or by a testing service acting on behalf of the board. The board proposes to remove the second option, completion of an approved instructor training course.

Section 120, General requirements for a shop or salon license. Provide that mobile shops and salons must provide a physical address where the shop or salon is permanently garaged.

Section 210, Curriculum requirements. The current regulation includes minimum number of hours per program, but does not specify the minimum number of hours required for training subjects. The proposed regulation specifies the minimum number of hours required for training subjects. A change would add a sample of a final transcript to the items each school submits with its application for licensure. Revisions would be made to 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, and (iii) completion of a competency examination. Currently, schools are required to review the student's transcript and conduct a board-approved competency examination.

Section 240, Records. A change would add course descriptions to the items that schools must maintain on the premises and be available for inspection for the period of a student's enrollment through five years after the student's completion of the curriculum, termination, or withdrawal.

Section 270, Sanitation and safety standards for shops, salons, and schools. A change would require mobile shops and salons to be stationary while providing services.

Estimated Benefits and Costs. Disclosures: Currently, individual professional licensure applicants, instructor certificate applicants, shop or salon license applicants, and school license applicants all must disclose felony convictions occurring within 20 years of the date of application. By limiting the disclosure requirements to just those felony convictions occurring within 10 years of the date of application, applicant time tracking down specific information about the convictions and Department of Professional and Occupational Regulation (DPOR) staff time reviewing the applications could be saved.

Experience Requirements: Currently, the regulation does not allow for out of country training to be accepted to sit for the respective professional license examination. The board proposes to allow such training if it can be shown to be substantially equivalent to the Virginia program by having the degree translated, authenticated, and evaluated by an education evaluation service. This is beneficial in that it may allow more foreign-trained professionals to qualify for licensure and work in the Commonwealth. Under the current regulation, individuals applying for an initial barber, master barber, cosmetologist, nail technician, or wax technician license who received training outside of Virginia in a training program that is not substantially equivalent to Virginia training must have at least five years of relevant work experience in order to sit for a board-approved examination. The board proposes to reduce this work experience requirement to three years. A person currently licensed to practice as a barber, master barber, cosmetologist, nail technician, or wax technician or who is a licensed instructor in the respective profession in any other state or jurisdiction of the United States can apply for Virginia licensure by endorsement. Applicants for licensure by endorsement who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training may currently substitute five years of work experience for training. The board proposes to reduce that to three years of work experience. Reducing the number of years required experience for applicants who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training is beneficial in that it would enable more individuals to become licensed and work in the Commonwealth. Under both the current and proposed regulations, practical examinations must be supervised by a chief examiner. The board proposes to reduce the requirements for chief examiners such that they would now be required to have three, rather than five, or more years of active experience in the respective profession and one year, rather than three years, of active experience as an examiner. This proposal would initially increase the number of individuals who qualify to be a chief examiner, and would allow individuals to qualify more quickly going forward.

Records: The proposal to remove the current requirement that examination records be maintained for five years reduces a small burden for the examination vendor. The proposal to add course descriptions to the items that schools must maintain on the premises and be available for inspection for the period of a student's enrollment through five years after the student's completion of the curriculum, termination, or withdrawal adds a small burden for schools who are not already doing this. According to DPOR, the agency already requests that schools do this, but not all have been compliant. This information is useful if a student seeks to get credit for courses taken at a previous school. To the extent that including this requirement in the regulation increases compliance, students who transfer may benefit by receiving additional credit, potentially reducing the time it takes to finish coursework required for licensure.

Supervision: The board proposes to specify that (i) licensed cosmetologists may supervise nail and waxing temporary license holders, (ii) licensed estheticians may supervise waxing temporary license holders, and (iii) licensed master barbers may supervise barber temporary license holders. According to DPOR, this clarifies current policy, but it may have some beneficial impact in that not all regulants are aware that such supervision is permitted.

Fees: Instructors would benefit through the proposed net reduction in renewal and reinstatement fees. In net, the renewal fee would be reduced to $125 from $150. The reinstatement fee would be reduced in net to $250 from $300.

Instructor certification: Under the current regulation, applicants for the instructor certificate must complete one of three options: (i) pass a course in teaching techniques at the post-secondary educational level; (ii) complete an instructor training course approved by the board under the supervision of a certified barber, master barber, cosmetologist, nail technician, or wax technician instructor in a barber, cosmetology, nail technician, or wax technician school, respectively; or (iii) pass an examination in barber, master barber, cosmetology, nail technician, or wax technician instruction respectively, administered by the board or by a testing service acting on behalf of the board. The board proposes to remove the second option, completion of an approved instructor training course. According to DPOR, data from 2022-2024 indicate that 12% (49 out of 410) of instructor certifications were granted via the board-approved training course. The agency states that such training courses are much more expensive than the other options, and believes that no individuals would prefer the expensive option once they learn about the other choices.

Failure to renew: Under both the current and proposed regulations, when a school fails to renew its license within 30 days following its expiration date, it must satisfactorily pass an inspection. Under the proposed regulation, the inspection would only occur if the school license has not been renewed for more than 180 days. This would be a substantial reduction in burden for such schools in that they would not need to pass an inspection unless additional time had elapsed. As also stated earlier, for both the current and proposed regulations, when an individual fails to renew his or her license within two years following the expiration date, reinstatement is no longer possible. Under the current regulation, individuals who were not granted their initial licensure through grandfathering would have to meet all current requirements, including current coursework requirements. Under the proposed regulation, such individuals who were previously licensed in Virginia for at least three years would just need to submit a new application and pass the exam, rather than the current requirement to show training that meets current entry requirements and have at least five years of experience. This would be a substantial reduction in burden for such individuals in that they would not need to take additional coursework to meet current requirements. Being able to pass the required examination should help provide assurance of competence.

Curricula: The proposal to reduce the required minimum clock hours of coursework from 1,100 to 750 for barbers, from 400 to 250 for master barbers, and from 1,500 to 1,000 for dual barber/master barbers could be beneficial in that it would enable these professionals to start the work associated with their new license sooner. Additionally, with fewer required instructional hours, school may charge less, reducing costs for students. No information is available to DPB to allow an assessment of any other potential effects. The current regulation includes the minimum number of hours per program, but does not specify the minimum number of hours required for training subjects. The proposed regulation specifies the minimum number of hours required for training subjects. This reduces flexibility for schools in choosing how much time to spend on each subject. On the other hand, according to DPOR, school officials often struggle with topic hour requirements, leading to year-long delays in board approval. The agency believes that the specified minimum hours for training subjects assist schools in curriculum development, expediting the process. The proposals to require minimum number of hours required for specified curriculum subjects for all professional school programs, and the reduction in total required hours to the barber and master barber curricula, would require all schools to resubmit curricula so that they may be reviewed for compliance with the revised curriculum standards. DPOR estimates that this would require one temporary employee who can review and process two school curricula daily. In total, the agency believes it would need the temporary employee for 20 weeks. According to DPOR, temporary employees usually earn approximately $20 an hour. This would total $16,000 for 20 weeks. Under both the current and proposed regulations, the application for each school must include a curriculum, including a course syllabus, a detailed course content outline, a sample of five lesson plans, a sample of evaluation methods to be used, etc. The board proposes to add a sample of a final transcript to the items that must be submitted with the school application. According to DPOR, this is to address a problem where schools fail to maintain and provide transcripts to students. The agency states that the change is intended to ensure that schools comply with the existing requirements in the regulation for schools to retain transcripts and provide them to students. Though the proposed requirement cannot guarantee that schools would comply with the existing requirements in the regulation for schools to retain transcripts and provide them to students, requiring a reasonable sample with the application would help ensure that schools incapable of producing such transcripts would not be approved. In both the current and proposed regulations, a licensed school may conduct an assessment of a transfer student's competence in the respective profession and, based on the assessment, give credit toward the hour requirements. Under the current regulation, the school must make the assessment based on a review of the student's transcript and the successful completion of a board-approved competency examination administered by the school. The board proposes to add documentation of hours and performances provided to the student by the school to that which the new school must consider. This can be advantageous for the student in that it requires the new school to consider additional information that may argue for more transferred credit, but reduces flexibility for the school toward which information to consider.

Practical performances: The proposal to reduce the total number of required performances from 370 to 332 for barbers, from 120 to 100 for master barbers, from 490 to 432 for dual barber/master barbers, from 275 to 255 for nail technicians, and from 36 to 30 for wax technicians could be beneficial in that it would enable these professionals to start the work associated with their new license sooner. No information is available to DPB to allow an assessment of any other potential effects.

Safety standards, mobile shops and salons: For shops, salons, and schools, no longer requiring that the bathroom either be maintained exclusively for client use or if shared with other businesses in the same building be within 200 feet of the entrance, would potentially increase the number of potential units that these businesses could occupy, which may therefore reduce their costs. DPOR believes that some mobile shops and salons have provided services while the vehicle has been moving. This is not currently specifically prohibited in the regulation, but could be unsafe if sudden stops or traffic accidents occur. To the extent that requiring that mobile shops and salons be stationary while providing services in the regulation reduces incidences of services being conducted in moving vehicles, safety would be improved. The current regulation requires mobile salons and shops to provide a physical address, but not where they are permanently garaged. Requiring mobile salons and shops to disclose their permanent garaging address would allow the noard to determine their location for inspection purposes. This could help ensure safety.

Businesses and Other Entities Affected. The proposed amendments affect the 679 barbers, 366 barber instructors, 2,037 master barbers, 767 barber shops, 59 barber schools, 4,663 cosmetology salons, 142 cosmetology schools, 39,491 cosmetologists, 2,419 cosmetology instructors, 9,422 nail technicians, 305 nail technician instructors, 723 nail technician salons, 48 nail technician schools, 1,532 wax technicians, 38 wax technician instructor, 158 waxing salons, and 26 waxing schools, as well as future applicants and clients.² 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 Overall, the proposed regulation includes numerous increases in benefits and reductions in costs. Conversely, there are also some reductions in benefits or increases in costs, primarily stemming from reductions in flexibility. For example, the required minimum total clock hours of coursework for cosmetology, nail technician, and wax technician programs stay the same under the proposed regulation, but minimum number of hours required for specific training subjects are newly introduced. This reduces flexibility for schools in choosing how much time to spend on each subject. Thus, some cosmetology, nail technician, and wax technician schools may be adversely affected.

Small Businesses⁵ Affected.⁶ Types and Estimated Number of Small Businesses Affected: According to DPOR, all firms such as schools, shops, and salons meet the definition of small business. As described above, some of the 142 cosmetology schools, 48 nail technician schools, and 26 waxing schools may be adversely affected.

Costs and Other Effects: As described above, there may be some reduced flexibility for some schools.

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 neither disproportionately affect particular localities nor introduce costs for local governments.

Projected Impact on Employment. Some proposed amendments may allow some professionals to become licensed and employed sooner. Some proposed reductions in requirements may encourage some out-of-state professionals or those trained abroad to come practice in the Commonwealth. Also, some individuals who have not been licensed for two years or more may be encouraged to return to practice by the proposed reduced requirements. Thus, there may be a small increase in employment.

Effects on the Use and Value of Private Property. As described above, several proposed amendments may moderately increase the supply of professionals available to hire. This may ease hiring for firms that employ barbers, cosmetologists, nail technicians, and wax technicians, moderately increasing their value. The proposed amendments do not affect real estate development costs.

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

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.

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 and amend definitions; (ii) revise entry requirements for licenses and certificates, including reducing minimum training requirements for individuals seeking licensure, allowing individuals who received training outside of the United States to seek credit for coursework, and reducing criminal history reporting requirements; (iii) update fee provisions; (iv) revise reinstatement provisions; (v) update requirements for schools, including curriculum requirements for barbering programs; and (vi) clarify standards of practice, including sanitation and safety standards for shops, salons, and schools.

18VAC41-20-10. 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 ascribed to them in Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia are incorporated in this chapter.:

"Barber"

"Barbering"

"Barber instructor"

"Barbershop"

"Board"

"Cosmetologist"

"Cosmetology"

"Cosmetology instructor"

"Cosmetology salon"

"Master barber"

"Nail care"

"Nail salon"

"Nail school"

"Nail technician"

"Nail technician instructor"

"Physical (wax) depilatory"

"School of cosmetology"

"Wax technician"

"Waxing"

"Waxing salon"

"Waxing school"

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 cosmetology, barber, nail technician, or wax technician training program conducted by an approved registered apprenticeship sponsor.

"Barber school" means a place or establishment licensed by the board to accept and train students and that offers a barber, master barber, or dual barber/master barber curriculum approved by the board.

"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 coursework. 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.

"Direct supervision" means that (i) a Virginia licensed barber, cosmetologist, nail technician, or wax technician shall be is present in the barbershop, cosmetology salon, nail salon, or waxing salon at all times when services are being performed by a temporary permit holder or registered apprentice or (ii) a Virginia licensed and certified barber, cosmetologist, nail technician, or wax technician instructor or a student instructor temporary license holder is present in the barber, cosmetology, nail technician, or wax technician 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.

"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 all classrooms or 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 person, 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.

"Reciprocity" means a conditional agreement between two or more states that will recognize one another's regulations and laws for equal privileges for mutual benefit.

"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 or certificate 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 which that covers Virginia's scope of practice for that profession.

"Substantially equivalent training" means at least 80% of the required hours 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 or the Virginia Department of Corrections.

"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.

18VAC41-20-15. Gratuitous services.

Any individual who engages in barbering, master barbering, cosmetology, nail care, or waxing 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.

18VAC41-20-20. General requirements for a barber, master barber, cosmetologist, nail technician, or wax technician license.

A. Any individual wishing to engage in barbering, cosmetology, nail care, or waxing shall obtain a license in compliance with § 54.1-703 of the Code of Virginia and shall must meet the following qualifications:

1. The applicant shall must be in good standing as a licensed barber, master barber, cosmetologist, nail technician, or wax technician 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 a barber, master barber, cosmetologist, nail technician, or wax technician 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 if he has been previously licensed in Virginia as a barber, master barber, cosmetologist, nail technician, or wax technician.

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

2. The applicant shall 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 barber and cosmetology 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, 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 one of the following programs is eligible for examination:

a. An approved barber, master barber, cosmetology, nail technician, or wax technician training program in a Virginia licensed barber, cosmetology, nail technician, or wax technician school, respectively, or a.

b. A Virginia public school's barber, master barber, cosmetology, nail technician, or wax technician program approved by the Virginia Department of Education shall be eligible for examination.

c. A registered apprenticeship.

d. Training as a barber, master barber, cosmetologist, nail technician, or wax technician in any Virginia state institution.

2. Training outside of the Commonwealth of Virginia, but within the United States and its territories.

a. Any person completing a barber, master barber, cosmetology, nail care, or waxing training or 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 substantially equivalent training to be eligible for examination. Applicants who have earned a degree from an institution outside the United States must have their degree translated, authenticated and evaluated by an education evaluation service if credit is sought for the education. The board in its discretion may decline to accept any evaluation submitted by an applicant.

b. Applicants who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training, including out of country training, may substitute five must submit documentation acceptable to the board verifying three years of work experience for training. Applicants should provide their work history demonstrating five three years of experience as a licensed barber, master barber, cosmetologist, nail technician, or wax technician in any other state or jurisdiction of the United States on a form provided by the board.

3. Any barber, master barber, cosmetologist, nail technician, or wax technician applicant having a minimum of two years of experience in barbering, master barbering, cosmetology, nail care, or waxing in the United States Armed Forces and having provided documentation satisfactory to the board of that experience is eligible for the respective examination.

4. A Virginia licensed cosmetologist with a minimum of two years of work experience is eligible for the master barber examination; likewise, a Virginia licensed master barber with a minimum of two years of work experience is eligible for the cosmetology examination.

18VAC41-20-30. License by endorsement.

A. Upon proper application to the board, any person currently licensed to practice as a barber, master barber, cosmetologist, nail technician, or wax technician 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 and practical examination that is substantially equivalent to that the training and examination required by this chapter, may be issued a barber, master barber, cosmetologist, nail technician, or wax technician license or the respective instructor certificate without an examination. The applicant must also meet the requirements set forth in 18VAC41-20-20 A and 18VAC41-20-100.

B. An applicant for licensure by endorsement who has completed an equivalent training or apprenticeship program and whose state only utilizes one licensing examination (written or practical) that is substantially equivalent to the examination 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 completed a training or apprenticeship program that is not substantially equivalent to Virginia's training but who otherwise meet all the requirements listed in subsection A of this section, may substitute five three years of work experience for training. Applicants should must provide their a work history demonstrating five three years of licensed experience in any other state or jurisdiction of the United States on a form provided by the board.

18VAC41-20-40. Apprenticeship training.

A. Licensed barbers, master barbers, cosmetologists, and nail technicians who train apprentices shall must comply with the standards for registered apprenticeship training established by the Division of Apprenticeship Training of the Virginia Department of Labor and Industry and the Virginia Board for Barbers and Cosmetology. Owners of barbershops, cosmetology salons, and nail salons who train apprentices shall comply with the standards for apprenticeship training established by the Division of Apprenticeship Training of the Virginia Department of Labor and Industry.

B. Any person completing the Virginia apprenticeship program in barbering, master barbering Licensed barbershops, cosmetology, or salons, and nail care shall be eligible for examination salons where apprentices train must comply with the standards for registered apprenticeship training.

18VAC41-20-50. Exceptions to training requirements. (Repealed.)

A. Virginia licensed cosmetologists with a minimum of two years of work experience shall be eligible for the master barber examination; likewise, a Virginia licensed master barber with a minimum of two years of work experience shall be eligible for the cosmetology examination.

B. Any barber, master barber, cosmetologist, nail technician, or wax technician applicant having been trained as a barber, master barber, cosmetologist, nail technician, or wax technician in any Virginia state institution shall be eligible for the respective examination.

C. Any barber, master barber, cosmetologist, nail technician, or wax technician applicant having a minimum of two years of experience in barbering, master barbering, cosmetology, nail care, or waxing in the United States armed forces and having provided documentation satisfactory to the board of that experience shall be eligible for the respective examination.

D. Any licensed barber or barber student enrolling in a master barber training program in a licensed barber school shall be given educational credit for the training and performances completed in a barbering program at a licensed barber school.

18VAC41-20-60. Examination requirements and fees.

A. Applicants for initial licensure shall must pass both a the practical examination and a written 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 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 examination and a written portions of an 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.

18VAC41-20-70. 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.

18VAC41-20-80. Examination administration.

A. The examinations 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 barber, master barber, cosmetology, nail technician, or wax technician 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 barber, master barber, cosmetology, nail technician, or wax technician instructor who is (i) currently teaching or is, (ii) a school owner, or is (iii) an apprentice sponsor shall may be an examiner.

D. Each barber, master barber, cosmetology, nail technician, and wax technician 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 A licensed cosmetologist may serve as an examiner for any license type that is included in the cosmetology profession.

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.

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

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

1. The applicant shall must be in good standing as a licensed barber, master barber, cosmetologist, nail technician, or wax technician, and instructor, respectively, in Virginia and all other jurisdictions every jurisdiction where licensed, certified, or registered. The applicant shall disclose to the board at the time of application for licensure must provide a copy to the board of any disciplinary action taken in Virginia and all other jurisdictions in connection with the applicant's practice at the time of application for certification since being previously licensed as a barber, master barber, cosmetologist, nail technician, or wax technician, or in the practice of teaching any of those professions. This includes monetary penalties, fines, 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 if the applicant has been previously licensed in Virginia as a barber instructor, master barber instructor, cosmetology instructor, nail technician instructor, or wax technician instructor.

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

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

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

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

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

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

4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions since being previously licensed as a barber, master barber, cosmetologist, wax technician and nail technician:

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 certification to any applicant in accordance with § 54.1-204 of the Code of Virginia.

B. Instructors shall be required to maintain a barber, master barber, cosmetology, nail technician, or wax technician license, respectively Certified instructors may teach in any profession in which they hold the underlying license.

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

A. A licensed barber, master barber, cosmetologist, nail technician, or wax technician may be granted a 12-month student instructor temporary permit license to function under the direct supervision of a barber instructor, master barber instructor, cosmetology instructor, nail technician instructor, or wax technician instructor respectively certified instructor in a licensed school. A licensed nail technician or wax technician may also be granted a student instructor permit to function under the direct supervision of a cosmetology instructor No subsequent student instructor temporary license will be issued. Student instructors must pass an instructor examination administered by the board or by a testing service acting on behalf of the board.

B. The student instructor temporary permit shall remain in force for not more than 12 months after the date of issuance and shall be nontransferable and nonrenewable Student instructors may teach in any profession in which they hold the underlying license. Failure to maintain a barber, master barber, cosmetology, nail technician, or wax technician license will disqualify an individual from holding a student instructor temporary license.

C. No applicant for examination shall be issued more than one Licensed cosmetologists may also supervise nail and waxing student instructor temporary permit license holders. Licensed estheticians and master estheticians may also supervise waxing student instructor temporary license holders. Licensed master barbers may also supervise barber student instructor temporary license holders.

D. Failure to maintain a barber, master barber, cosmetology, nail technician, or wax technician license shall disqualify an individual from holding a The student instructor temporary permit license holder must be associated with both a school and a direct supervisor.

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

18VAC41-20-120. General requirements for a shop or salon license.

A. Any firm wishing to operate a barbershop, cosmetology salon, nail salon, or waxing salon shall, including any mobile shop or salon, must obtain a shop or salon 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 shop or salon 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 barbershop, cosmetology salon, nail salon, or waxing salon 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 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 a barbershop, cosmetology salon, nail salon, or waxing salon.

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 it deems the applicant is unfit or unsuited to engage in the operation of a barbershop, cosmetology salon, nail salon, or waxing salon. 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 secondary address. Mobile shops and salons must provide a physical address where the shop or salon 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 barber and cosmetology 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. Shop or salon 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 shop or salon 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, an 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 shop or salon 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.

18VAC41-20-130. General requirements for a school license.

A. Any firm wishing to operate a barber, cosmetology, nail technician, or wax technician 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 school in Virginia and all any other jurisdiction 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 barbering, cosmetology, nail, or waxing school or practice of the profession to the board at the time of application for licensure. This includes to 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 if the applicant or any member of the responsible management has been previously licensed in Virginia as a barbering, cosmetology, nail, or waxing 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 the board deems the applicant is unfit or unsuited to engage in the operation of a barbering, cosmetology, nail, or waxing 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 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 barber and cosmetology 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 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 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. Barber, cosmetology, nail technician, and wax technician school licenses are issued to firms as defined in this chapter, shall and are not be transferable, and shall bear the same name and address as the school. Any changes in the name or the and 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. Barber schools, cosmetology schools, nail schools, or waxing 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 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.

18VAC41-20-140. Fees.

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

FEE TYPE	AMOUNT DUE September 1, 2022, through 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:
Barber	$90	$105	With renewal card prior to expiration date
Master Barber	$90	$105	With renewal card prior to expiration date
Cosmetologist	$90	$105	With renewal card prior to expiration date
Nail Technician	$90	$105	With renewal card prior to expiration date
Wax Technician	$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
Facilities:
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
Add Program	$100	$100	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

18VAC41-20-150. Refunds. (Repealed.)

All fees are nonrefundable and shall not be prorated.

18VAC41-20-160. License renewal Renewal required.

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

18VAC41-20-170. 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.

18VAC41-20-180. Failure to renew.

A. When a licensed or certified an individual or business entity fails to renew its license or certificate within 30 days following its the expiration date, the licensee or certificate holder shall apply for reinstatement of the license or certificate by submitting to the Department of Professional and Occupational Regulation a reinstatement application and renewal fee and must pay the reinstatement fee.

B. When a licensed or certified 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.

2. An individual initially granted licensure under any of the following examination or training waiver provisions, known as grandfathering, shall submit a new application showing the individual met the requirements of the applicable examination or training waiver provision, demonstrate five previously licensed in Virginia for a minimum of three years of licensed experience, and pass the required examination: a. Any person who was exempted from examination for licensure as a barber, as such person was engaged in the practice of barbering on or before July 1, 1966, in any establishment or place of business within which the practice of barbering was carried on by only one barber, and such person filed an application with the board on or before January 1, 1967 must submit a new application and pass the required examination.

b. Any person exempted from examination as a registered professional hair dresser, as such person was substantially engaged as a hairdresser in Virginia for at least nine months prior to June 29, 1962, and such person filed an application satisfactory to the board on or before July 1, 1963.

c. Any person exempted from training requirements for licensure as a nail technician, as such person had experience or training as a nail technician, and such person applied to the board for examination by October 1, 1991.

d. Any person exempted from examination as a wax technician pursuant to § 54.1-703.1 of the Code of Virginia.

C. The application for When a licensed school 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 for a school shall application and provide (i) the reasons for failing to renew prior to the expiration date and (ii) a notarized statement that all students currently enrolled or seeking to enroll at the school have been notified in writing that the school's license has expired. All of these materials shall be called the application package. Reinstatement will be considered by the board if the school consents to and satisfactorily passes an inspection of the school and if the school's records are maintained in accordance with 18VAC41-20-240 and 18VAC41-20-250 by the Department of Professional and Occupational Regulation. Pursuant to 18VAC41-20-130, 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 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 or certificate is applicable.

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

F. A licensee or certificate holder that reinstates its license or certificate shall will be regarded as having been continuously licensed or certified without interruption. Therefore, a licensee or certificate holder shall 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 or certificate shall will be regarded as unlicensed or uncertified from the expiration date of the license or certificate forward. Nothing in this chapter shall divest divests 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 was licensed or certified.

18VAC41-20-200. General requirements.

A barber, cosmetology, nail, or waxing 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 salon or shop license if the school receives compensation for services provided in its clinic.

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

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

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

c. Licensed and certified barber and master barber instructors may instruct straight razor shaving on face and neck in a cosmetology school.

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

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

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

a. Barber curricula shall must be based on a minimum of 1,100 750 clock hours and shall must include performances in accordance with 18VAC41-20-220.

b. Master barber curricula shall must be based on a minimum of 400 250 clock hours and shall must include performances in accordance with 18VAC41-20-220.

c. Dual barber/master barber program curricula shall must be based on a minimum of 1,500 1,000 clock hours and shall must include performances in accordance with 18VAC41-20-220.

d. Cosmetology curricula shall must be based on a minimum of 1,000 clock hours and shall must include performances in accordance with 18VAC41-20-220.

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

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

6. Inform the public that all services are performed by students if the school receives compensation for services provided in its clinic by posting a notice in the reception area of the shop or salon in plain view of the public.

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

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

18VAC41-20-210. Curriculum requirements.

A. Each barber, cosmetology, nail, and waxing school shall must submit with its application a curriculum, including a course syllabus, a detailed course content outline, a sample of five lesson plans, a sample of evaluation methods to be used, days and hours of instruction, program length, a sample of a final transcript, and a breakdown of hours and performances for all courses to be taught that will lead to licensure.

B. The outline for barbering shall include the following:

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

a. School policies;

b. Business and shop management; and

c. Professional ethics and personal hygiene.

2. State law, and regulations, and professional ethics; - minimum of 10 hours of instruction.

3. Business and shop management; 4. Shampooing, cutting, thinning, tapering the hair with razor, clippers, and shears - minimum of 270 hours of instruction:

a. Client consultation; 5. Personal hygiene; 6. Cutting the hair with a razor, clippers, and shears; 7. Tapering the hair; 8. Thinning the hair; 9. Shampooing the hair; 10. and

b. Styling hair with a hand hair dryer.

4. Shaving; 11. Trimming and trimming a moustache or beard; 12. - minimum of 100 hours of instruction, to include client consultation.

5. Applying hair color; 13. - minimum of 50 hours of instruction, to include client consultation.

6. Applied sciences - minimum of 100 hours of instruction:

a. Anatomy and physiology;

b. Skin structure and function;

c. Skin types;

d. Skin conditions;

e. Diseases and disorders of the skin;

f. Analyzing skin or scalp conditions; and

14. g. Giving scalp treatments;

15. Giving basic facial massage or treatment;

16. Sanitizing and maintaining implements and equipment; and

17. Honing and stropping a razor.

B. Each 7. General sciences - minimum of 80 hours of instruction:

a. Bacteriology;

b. Microorganisms;

c. Infection control, sanitation, disinfection, and sterilization;

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

e. Safety Data Sheet (SDS);

f. General procedures and safety measures;

g. Cosmetic chemistry; and

h. Products and ingredients.

8. Facial hair and skin care services – minimum of 100 hours of instruction:

a. Client skin analysis and consultation;

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

c. Cleansing procedures;

d. Masks;

e. Extraction techniques;

f. Machines, equipment, and electricity;

g. Manual facials and treatments;

h. Machine, electrical facials, and treatments; and

i. General procedures and safety measures.

9. Understanding and maintaining implements and equipment (e.g., tools) - minimum of 15 hours of instruction.

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

1. Styling the hair with a hand hair dryer;

2. Thermal waving - minimum of 20 hours of instruction;

3. 2. Permanent waving with chemicals; 4. Relaxing and relaxing the hair with chemicals - minimum of 110 hours of instruction;

5. 3. Lightening or toning the hair - minimum of 100 hours of instruction;

6. 4. Hairpieces and wigs - minimum of 15 hours of instruction; and

7. 5. Waxing limited to the scalp - minimum of five hours of instruction.

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

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

a. School policies;

2. State law, regulations, and professional ethics;

3. b. Business and shop management; 4. Client consultation; 5. Personal hygiene; 6. Cutting; and

c. Professional ethics and personal hygiene.

2. State law and regulations - minimum of 10 hours of instruction.

3. Shampooing, cutting, thinning, tapering the hair with a razor, clippers, and shears; 7. Tapering the hair; 8. Thinning the hair; 9. Shampooing the hair; 10. - minimum of 270 hours of instruction:

a. Client consultation; and

b. Styling the hair with a hand hair dryer;.

11. Thermal waving;

12. Permanent waving with chemicals;

13. Relaxing the hair;

14. 4. Shaving; 15. Trimming and trimming a moustache or beard; 16. - minimum of 100 hours of instruction, to include client consultation.

5. Applying hair color; 17. Lightening or toning the hair; 18. - minimum of 50 hours of instruction, to include client consultation.

6. Applied sciences - minimum of 100 hours of instruction:

a. Anatomy and physiology;

b. Skin structure and function;

c. Skin types;

d. Skin conditions;

e. Diseases and disorders of the skin;

f. Analyzing skin or scalp conditions; 19. and

g. Giving scalp treatments;.

20. 7. General sciences - minimum of 80 hours of instruction:

a. Bacteriology;

b. Microorganisms;

c. Infection control, sanitation, disinfection, and sterilization;

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

e. Safety Data Sheet (SDS);

f. General procedures and safety measures;

g. Cosmetic chemistry; and

h. Products and ingredients.

8. Facial hair and skin care services - minimum of 100 hours of instruction:

a. Client skin analysis and consultation;

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

c. Cleansing procedures;

d. Masks;

e. Extraction techniques;

f. Machines, equipment, and electricity;

g. Manual facials and treatments;

h. Machine, electrical facials, and treatments; and

i. General procedures and safety measures.

9. Understanding and maintaining implements and equipment (e.g., tools) - minimum of 15 hours of instruction.

10. Thermal waving - minimum of 20 hours of instruction.

11. Permanent waving and relaxing the hair with chemicals - minimum of 110 hours of instruction.

12. Lightening or toning the hair - minimum of 100 hours of instruction.

13. Hairpieces and wigs - minimum of 15 hours of instruction.

14. Waxing limited to the scalp; 21. Giving basic facial massage or treatment; 22. Hair pieces; 23. Sanitizing and maintaining implements and equipment; and 24. Honing and stropping a razor. D. Each cosmetology school shall submit with its application a curriculum, including a course syllabus, a detailed course content outline, a sample of five lesson plans, a sample of evaluation methods to be used, and a breakdown of hours and performances for all courses to be taught that will lead to licensure - minimum of five hours of instruction.

E. The outline for cosmetology shall must include the following:

1. Orientation and business topics - minimum of 45 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 55 hours of instruction:

a. Principles and practices of infection control;

b. Safety Data Sheet (SDS); and

c. Chemical usage and safety.

4. Applied sciences - minimum of 40 hours of instruction: Anatomy, to include anatomy, physiology, and histology.

5. Shampooing, rinsing, and scalp treatments for all hair types, including textured hair - minimum of 25 hours of instruction:

a. Client consultation and analysis; and

b. Procedures, manipulations, and treatments.

6. Hair styling for all hair types, including textured hair - minimum of 65 hours of instruction:

a. Fingerwaving, molding, and pin curling;

b. Roller curling, combing, and brushing; and

c. Heat curling, waving, and pressing.

7. Hair cutting for all hair types, including textured hair - minimum of 125 hours of instruction:

a. Fundamentals, materials, and equipment; and

b. Procedures.

8. Permanent waving and chemical relaxing for all hair types, including textured hair - minimum of 115 hours of instruction:

a. Chemistry;

b. Supplies and equipment; and

c. Procedures and practical application.

9. Hair coloring and bleaching for all hair types, including textured hair - minimum of 160 hours of instruction:

a. Basic color theory;

b. Supplies and equipment; and

c. Procedures and practical application.

10. Wigs, hair pieces, and related theory - minimum of 15 hours of instruction:

a. Types; and

b. Procedures.

11. Straight razor use and shaving - minimum of 20 hours of instruction.

12. Manicuring and pedicuring - minimum of 75 hours of instruction:

a. Nail theory, nail structure, and composition;

b. Nail procedures, including manicuring, pedicuring, and nail extensions; and

c. Electric filing.

13. Skin care - minimum of 160 hours of instruction:

a. Client skin analysis and consultation;

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

c. Cleansing procedures;

d. Masks;

e. Extraction techniques;

f. Machines, equipment, and electricity;

g. Manual facials and treatments;

h. Machine, electrical facials, and treatments; and

i. General procedures and safety measures.

14. Makeup - minimum of 35 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 brow tinting;

h. Lash perming;

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

j. General procedures and safety measures.

15. Body and other treatments - minimum of 20 hours of instruction:

a. Body treatments;

b. Aromatherapy; and

c. General procedures and safety measures.

16. Hair removal - minimum of 35 hours of instruction:

a. Client consultation and analysis;

b. Waxing;

c. Mechanical hair removal;

d. Tweezing and threading; and

e. Chemical hair removal.

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

1. Orientation - minimum of five hours of instruction:

a. School policies; and

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

2. Sterilization, sanitation, bacteriology, and safety; - minimum of 35 hours of instruction.

3. Anatomy and physiology; - minimum of 15 hours of instruction.

4. Diseases and disorders of the nail; - minimum of 10 hours of instruction.

5. Nail procedures (i.e., manicuring, pedicuring, and nail extensions); and - minimum of 75 hours of instruction.

6. Nail theory and nail structure and composition - minimum of 10 hours of instruction.

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

1. Orientation - minimum of 10 hours of instruction:

a. School policies;

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

c. Personal hygiene;

d. Salon management; and

e. Care of equipment.

2. Skin care theory, structure, composition, and treatment - minimum of 30 hours of instruction:

a. Analysis;

b. Anatomy and physiology;

c. Diseases and disorders of the skin;

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

e. Temporary removal of hair.

3. Skin theory, skin structure, and composition.

4. 3. Client consultation - minimum of 10 hours of instruction:

a. Health conditions;

b. Skin analysis;

c. Treatments;

d. Client expectations; and

e. Health forms and questionnaires.

5. 4. Waxing procedures for brow, lip, facial, legs, arms, underarm, chest, back, and bikini areas - minimum of 35 hours of instruction:

a. Fundamentals;

b. Safety rules; and

c. Procedures.

6. 5. Wax treatments - minimum of 30 hours of instruction:

a. Analysis;

b. Disorders and diseases;

c. Manipulations; and

d. Treatments.

7. Salon management:

a. Business ethics; and

b. Care of equipment.

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

The school shall 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 from where the student is transferring, 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.

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

A. Curriculum and performance requirements shall be offered over a minimum of 1,100 clock hours for barbering, 400 clock hours for master barbering, 1,500 clock hours for dual barber/master barber program, 1,000 hours for cosmetology, 150 clock hours for nail care, and 115 clock hours for waxing.

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

Hair and scalp treatments	10
Straight razor shaving on face and neck	12
Hair services	320 285
Hair coloring (including tinting, temporary rinses, and semi-permanent color)	35 20
Basic facials	5
TOTAL	370 332

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

Bleaching and frosting	10 20
Cold permanent waving or chemical relaxing	25 30
Hair shaping	50
Wig care, styling, placing on model	5 15
Finger waving and thermal waving	30
Waxing limited to the scalp	5
TOTAL	120 100

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

Hair and scalp treatments	10
Hair styling services	320 285
Straight razor shaving on face and neck	12
Bleaching and frosting	10 20
Hair coloring (including tinting, temporary rinses, and semi-permanent color)	35 20
Cold permanent waving or chemical relaxing	25 30
Hair shaping	50
Wig care, styling, placing on model	5 15
Finger waving and thermal waving	30
Basic facials and waxings	5
Waxing limited to the scalp	5
TOTAL	490 432

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

Shampooing, rinsing, and scalp treatments, for all hair types, including textured hair	20
Hair styling, for all hair types, including textured hair	60
Hair cutting, for all hair types, including textured hair	60
Permanent waving-chemical relaxing, for all hair types, including textured hair	60
Hair coloring and bleaching, for all hair types, including textured hair	50
Wigs, hair pieces, and related theory	5
Straight razor shaving on face and neck	12
Manicuring and pedicuring	15 procedures
Individual sculptured nails and nail tips	30
Body and other treatments	5
Makeup	20
Skin care	15
Hair removal	15
TOTAL	367

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

Manicures	30 25
Pedicures	15 20
Individual sculptured nails and nail tips	200 170
Individual removals	10 20
Individual nail wraps UV/LED gel nails	20
TOTAL	275 255

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

Arms	4 2
Back	2 1
Bikini area	6 4
Brows	12
Chest	1
Facial (i.e., face, chin, and cheek and lip)	6
Leg	3 2
Underarm	2
TOTAL	36 30

18VAC41-20-240. 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 student's signature and a two-inch by two-inch color head and shoulders photograph;

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

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

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

5. Final transcript; and

6. Course descriptions; and

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.

18VAC41-20-250. 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 each year.

1. Each school 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 have 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 stating that information.

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

18VAC41-20-260. Display of license.

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

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

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

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

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

18VAC41-20-270. Sanitation and safety standards for shops, salons, and schools.

A. Sanitation and safety standards.

1. Any shop, salon, or school, or facility where barber, master barber, cosmetology, or nail or waxing wax services are delivered to the public must be clean and sanitary at all times.

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

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.

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 must ensure that all employees likewise comply.

B. Disinfection and storage of implements.

1. A Each barber, master barber, cosmetologist, nail technician, and wax technician must have a wet disinfection unit is a container large enough to hold a disinfectant solution in which the objects to be disinfected are completely immersed at the individual's station and must meet the standards in the definition of wet disinfection requirements. A wet disinfection unit must have a cover to prevent contamination of the solution. The solution must be an Environmental Protection Agency (EPA) registered disinfectant that is bactericidal, virucidal, and fungicidal. Disinfectant solutions shall and any disinfection solutions must be used according to manufacturer's directions.

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, including clippers, scissors, combs, and nippers 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 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 clippers may be stored in an area other than in a closed cabinet or container. This area shall must be clean and the cutting edges of any clippers are to be disinfected.

5. Electrical clipper blades shall must be disinfected before and after each use. If the clipper blade cannot be removed, the use of a spray or foam used according to the manufacturer's instructions will be acceptable, provided that the disinfectant is an EPA-registered disinfectant that is bactericidal, virucidal, and fungicidal, and that the entire handle is also disinfected by wiping with the disinfectant solution.

6. All wax pots shall must be cleaned and disinfected with an EPA-registered disinfectant that is bactericidal, virucidal, and fungicidal and 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 barber, master barber, cosmetologist, nail technician, and wax technician must have a wet disinfection unit at his station.

8. Sinks, bowls, 7. Foot tubs, whirlpool units, air-jetted basins, pipe-less units, and non-whirlpool basins used in the performance of nail care shall 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 residue 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 for pedicure units; and

d. Wipe dry with a clean towel.

C. General sanitation and safety requirements.

1. Service chairs, wash basins, shampoo sinks, workstations and workstands, and back bars shall as necessitated by the services performed, 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 hair, nail clippings, dropped articles, spills, clutter, trash, electrical cords, other waste materials, and any other items that may pose a hazard;

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

4. A fully functional bathroom in the same building 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. If there is a window, it must have a screen. There must be soap and clean single-use towels or hand air-drying device for the client's use. Laundering of towels is allowed, space permitting. The bathroom must not be used as a work area or for the open storage of chemicals. 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 salon 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. 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;

2. Whenever a haircloth is used, a clean towel or neck strip shall must be placed around the neck of the patron to prevent the haircloth from touching the skin;

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

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

5. Lotions, ointments, creams, and powders shall must be accurately labeled and kept in closed containers. A clean spatula, other clean tools, or clean disposable gloves shall must be used to remove bulk substances such as creams or ointments 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. For nail care, if a sanitary container is provided for a client, the sanitary container shall must be labeled and implements shall must be used solely for that specific client. Disinfection shall must be carried out in accordance with subdivisions B 1 and B 2 of this section;

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

7. 8. 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 shop, salon, school, or facility in accordance with the guidelines of the Virginia Department of Health closed receptacle.

E. Chemical storage and emergency information.

1. Shops, salons, schools, and facilities 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. Shop, salons, schools, and facilities shall must have a blood spill clean-up kit in the work area that contains at 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 Occupational Safety and Health 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. Licensees shall require that clients for nail care services shall must cleanse their hands immediately prior to the requested nail care service;

2. An artificial nail shall must only be applied to a healthy natural nail;

3. A nail drill or motorized instrument shall must be used only on the free edge of the nail artificial nail surface only;

4. No shop, salon, school, or facility providing cosmetology or nail care services shall will have on the premises cosmetic products containing hazardous substances that have been banned by the U.S. Food and Drug Administration (FDA) for use in cosmetic products;

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

6. All regulated services must be performed in a facility that is in compliance with current local building and zoning codes.

G. In addition to any requirements set forth in this section, all licensees and temporary permit license holders shall must adhere to regulations and guidelines established by the Virginia Department of Health and the Occupational Safety and Health Compliance Division of the Virginia Department of Labor and Industry.

H. All shops, salons, schools, and facilities shall must immediately report the results of any inspection of the shop, salon, or school by the Virginia Department of Health as required by § 54.1-705 of the Code of Virginia.

I. All shops, salons, schools, and facilities shall must maintain a self-inspection form on file to be updated on an annual basis, and kept for five years, so that it may be requested and reviewed by the board at its discretion.

18VAC41-20-280. Grounds for license or certificate revocation 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 permit holder; suspend or revoke or refuse to issue, renew, or reinstate any license, or certificate, or permit; 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 the board 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 it finds that the licensee, certificate holder, permit temporary license holder, or applicant:

1. Is incompetent, or negligent in practice, 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 a barber, master barber, cosmetologist, nail technician, or wax technician, or to (ii) operate a shop, salon, or school;

2. Is convicted of fraud or deceit in the practice or teaching of barbering, master barbering, cosmetology, nail care, or waxing or, fails to teach the board-approved curriculum as provided for in this chapter, or fails to comply with 18VAC41-20-210 H 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 or, induces others to violate, or cooperates with others in violating, any of the provisions of this chapter or Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or any local ordinance or regulation governing standards of health and sanitation of the establishment in which any barber, master barber, cosmetologist, nail technician, or wax technician 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 duties, any federal, state, or local law, regulation, or ordinance governing barbering, master barbering, cosmetology, nail care, or waxing as defined in § 54.1-700 of the Code of Virginia;

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 agents;

7. Fails or refuses to allow the board or any of its agents to inspect during reasonable hours any licensed shop, salon, or school for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) 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 these regulations 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 permit 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, certificate, or permit in connection with a final action or disciplinary action in any jurisdiction or of taken against any license, registration, certificate, or permit that has been the subject of disciplinary action temporary license 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 any convictions as stated in subdivision 12 of this section;

14. Allows, as responsible management of a shop, or salon, or school, a person who has not obtained a license or a temporary permit license to practice as a barber, master barber, cosmetologist, nail technician, or wax technician 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 a student instructor temporary permit license to practice as a barber, master barber, cosmetologist, nail technician, or wax technician 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 barbering, master barbering, cosmetology, nail care, or waxing, or the operation of barbershops, cosmetology salons, nail salons, or waxing salons; or

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