TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BARBERS AND COSMETOLOGY

Proposed Regulation

Title of Regulation: 18VAC41-50. Tattooing Regulations (amending 18VAC41-50-10 through 18VAC41-50-40, 18VAC41-50-70 through 18VAC41-50-110, 18VAC41-50-130, 18VAC41-50-150 through 18VAC41-50-210, 18VAC41-50-230 through 18VAC41-50-290, 18VAC41-50-380 through 18VAC41-50-420; adding 18VAC41-50-15, 18VAC41-50-45, 18VAC41-50-125, 18VAC41-50-255; repealing 18VAC41-50-120, 18VAC41-50-140, 18VAC41-50-220, 18VAC41-50-300 through 18VAC41-50-370).

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

Public Hearing Information:

July 2, 2025 - 10:30 a.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 200, Board Room One, Richmond, VA 23233.

Public Comment Deadline: August 15, 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 board regulates those who (i) engage or offer to engage in the practice of tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing for compensation; (ii) operate a parlor or event; and (iii) operate or attempt to operate a school of tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing by requiring such individuals, firms, entities, or corporations obtain the appropriate licensure or certification. The performing of tattooing, permanent cosmetic tattooing, and master permanent cosmetic tattooing services by those who lack sufficient expertise poses a risk to the public health, safety, and welfare. These risks include 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 definitions; the requirement for disclosure of prior regulatory discipline; disclosure of prior criminal history; eligibility to sit for the board-approved examination; examination requirements and fees; provisions regarding issuance of parlor or salon licenses and school licenses; the requirements and qualifications for an instructor certification; continuing education requirements; the reinstatement provisions for individual licensees; provisions for reinstatement of school licenses; health education requirements; apprenticeship curriculum; provisions regarding school staff; provisions regarding minimum curriculum hours for tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing schools; provisions regarding student record maintenance; tattooing school curriculum requirements; general curriculum requirements; minimum curriculum requirements for a tattooing training program; safety subjects in the tattooing curriculum to remove CPR as a topic; and prohibited acts.

2. Allow applicants to provide a post office box address as a secondary address to a physical address and require mobile parlors or salons to provide a physical address where the parlor or salon is permanently garaged.

3. Provide that (i) applicants who completed a training program that is not substantially equivalent to Virginia's training requirements may substitute three years of work experience for training and the regulation reflects current agency practice that requires applicants for endorsement to provide documentation of completing board-approved health education; (ii) the board or the board's agents be allowed to inspect a licensed school during reasonable hours for compliance with applicable statute and the board's regulations; (iii) a regulant must ensure that all current licenses or certificates must be displayed in plain view of the public either in the reception area or at individual work stations; and (iv) mobile parlors and salons must be stationary while providing services and may not operate where prohibited by local ordinance.

4. Add (i) requirements for tattoo, permanent cosmetic tattoo, and master permanent cosmetic tattoo temporary licenses; (ii) a provision that allows the board or any of the board's agents to inspect a parlor or salon during reasonable hours; (iii) a requirement that applicants must meet qualifications for licensure as a guest tattooer per calendar year; (iv) language requiring a school application must be submitted to the board at least 60 days prior to the date for which the approval is sought; (v) provisions on student instructor temporary licenses: (vi) master permanent cosmetic tattooing instructor certificate to renewal requirements; (vii) a provision that schools must also develop entry-level competency in permanent cosmetic tattooing or master permanent cosmetic tattooing; (viii) permanent cosmetic tattooing to tattooing school curriculum requirements; (ix) permanent cosmetic tattooers and master permanent cosmetic tattooers to the prohibited act regarding violating provisions of § 54.1-700 et seq. of the Code of Virginia or any local ordinance or health and sanitation standards; and (x) the minimum curriculum requirements for a permanent cosmetic tattoo training program and a master permanent cosmetic tattoo training program to specify the minimum number of hours required for each training subject.

5. Require (i) 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; (ii) any firm wishing to operate an event tattoo parlor to submit an application at least 45 days prior to the date for which approval is sought; (iii) any school ceasing to operate, regardless of reason, provide a written report to the board detailing performances and hours of each student who has not completed their program; and (iv) individuals who fail to reinstate a license to provide documentation of completing board-approved health education.

6. Remove (i) a requirement in the section regarding calendar year qualifications that an applicant for a guest tattooer license provide the board with documentation of training in CPR; (ii) a requirement for a school to return its license to the board; (iii) the requirement that a licensee submit a reinstatement application; and (iv) requirements that a parlor or salon be in a permanent building or portion of a building to allow for mobile parlors and salons.

7. Amend the fee structure for an instructor certificate to reduce fees for the renewal and reinstatement of an instructor certificate.

8. Include certificate holders as individuals who will be sent a renewal notice from the board, certifications as a type of credential that must be renewed, and that a client's parent or guardian received a copy of written care instructions.

9. Consolidate tattooing school provisions.

10. Incorporate previous board guidance for licensing school locations, for online instruction, and current guidance on submission of school rosters.

11. Revise the student assessment a school may conduct to give a student credit toward required training hours; the permanent cosmetic tattooing performances to increase the number to 60 and specify the minimum number of performances required in each category; the master permanent cosmetic tattooing performances to decrease the number to 55 and specify the minimum number of performances required in each category; and language as to what constitutes a performance for certain performances.

12. Revise provisions regarding (i) blood spill clean-up kits, (ii) disposal of material that comes into contact with blood or bodily fluid, (iii) hand-cleaning to remove duplicative language regarding keeping facilities clean and in good repair, (iv) providing verbal and written disclosures prior to obtaining a tattoo and permanent cosmetic tattoo to clarify that a licensee must obtain signatures of both the client or client's parent or guardian, and (v) the board's authority to impose discipline.

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, regulants and applicants within these professions will more easily understand the board's requirements, facilitating a quicker and more efficient process for applicants and regulants. Consumers and regulators from related agencies will also have a better understanding of the board's requirements, which will allow them to conduct business more efficiently. An anticipated advantage is that the regulatory change potentially increases the number of individuals who may qualify for licensure and therefore be available to members of the public to provide services. The primary advantage to the Commonwealth will be the continued successful regulation of tattooers, permanent cosmetic tattooers, and master permanent cosmetic tattooers 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. No disadvantage has been identified.

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. As a result of a general review and in response to Executive Order 19 (2022) and Executive Directive 1 (2022), the Board for Barbers and Cosmetology (board) proposes to amend the Tattooing Regulations (18VAC41-50). The proposed changes would reduce barriers to entry into the profession, update requirements for schools, streamline and clarify the regulation, and remove requirements that were considered overly burdensome or unnecessary in terms of protecting public health, safety, and welfare.

Background. Executive Directive 1 (2022) directs executive branch entities under the authority of the Governor to initiate regulatory processes to reduce by at least 25% the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth.² Accordingly, the board seeks to remove requirements and reduce regulatory burdens, especially those that would constitute a barrier to entry into the profession for tattooers, permanent cosmetic tattooers, or master permanent cosmetic tattooers. The board also seeks to update a number of provisions, especially those pertaining to training, fees, reinstatements, requirements for schools, and standards of practice. Some of the proposed changes for schools would create one-time costs for the schools and for the Department of Professional and Occupational Regulations (DPOR) for creating, reviewing, and approving a new curriculum; however, these changes would standardize requirements across programs and increase transparency for students. The most substantive changes are summarized.

Changes pertaining to entry into the profession:

18VAC41-50-20 would be amended as follows: For all applicants: reduce the lookback period for reporting felonies from 20 to 10 years; the reduction in the lookback period would also be made to 18VAC41-50-80 for applicants for parlor and salon licenses. For individuals who obtained training outside of Virginia: clarify and reduce the requirements to sit for the board-approved examination. Currently, individuals who have not completed training that is substantially equivalent to Virginia's must verify (i) three years of work experience within the last five years and (ii) completion of a five-hour health education course that includes bloodborne pathogens, sterilization, and aseptic techniques; first aid; and CPR. Under the proposed changes, the five-year limit would be removed, the CPR requirement would be removed (here and throughout the regulation), and the five-hour course would be replaced with a requirement that the course be board-approved.³ For individuals who obtained training abroad: The current regulations do not allow for training outside the United States to be accepted; the proposed language would state that such training may be accepted provided applicants have their degree translated, authenticated and evaluated by an education evaluation service.

18VAC41-50-30 would be amended to add the proposed requirements in 18VAC41-50-20 for individuals who have not completed training that is substantially equivalent to Virginia's. This would create a pathway for individuals who are already licensed in another state to obtain a license by endorsement in Virginia instead of taking the exam.

18VAC41-50-45 would allow applicants for initial licensure who the board finds eligible for examination to obtain a temporary license for 90 days, which would allow them to work under the direct supervision of a currently licensed individual before obtaining a permanent license.

Changes pertaining to instructors:

18VAC41-50-110 would be amended to require instructor applicants to disclose any disciplinary actions as well as certain misdemeanor convictions and all felony convictions since being previously licensed as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer. A current requirement that instructor applicants provide documentation of five years of professional experience would be reduced to three years. As an alternative to the current requirement (passing a course on teaching techniques in a post-secondary level), the proposed language would allow applicants to instead train under a certified instructor in the respective profession for 12 months. A new 18VAC41-50-125 would specify conditions for such supervision.

18VAC41-50-130 would be amended to significantly reduce the renewal and reinstatement fees for the instructor certificate. The renewal fee would be reduced from $150 to $20, and the reinstatement fee would be reduced from $300 to $40. Section 130 also contains a new fee for licensure by endorsement for instructors; DPOR has indicated that this would be a new pathway to instructor certification for individuals who have been licensed/certified as instructors in other states.

Changes pertaining to license reinstatement:

18VAC41-50-180 currently requires individuals whose license expired two or more years ago to either apply as a new applicant and meet all current entry requirements (training hours and examination) or submit a new application form, demonstrate five years of licensed experience, and pass the required examination. This would be amended to reduce the experience requirement to three years. Schools that fail to renew on time must currently pay the reinstatement fee, submit an application package with specific documents, and consent to and pass an inspection. The proposed text would stagger these requirements such that the reinstatement fee would only be required after 30 days following the expiration date, and the other requirements would only apply 180 or more days following the expiration date.

Changes pertaining to schools: In addition to the specific changes discussed below, all sections that currently cover tattooing schools would be amended to incorporate the requirements for permanent cosmetic tattooing schools that are currently in 18VAC41-50-300 through 18VAC41-50-370, which would be repealed in this action.

18VAC41-50-230 would be amended to incorporate requirements that are currently in guidance documents regarding license requirements for multiple locations and online instruction.

18VAC41-50-250 would be revised to specify which records must be maintained and that schools must submit any such record within 10 days of board request. Schools are currently required to maintain a record of hours and performances, whereas the proposed text would include the enrollment application with a photograph, a daily record of attendance, student clock hours, performances, course descriptions, a final transcript, and all other relevant documents that account for student accrued clock hours and practical applications.

18VAC41-50-255 would be newly added to incorporate board guidance document on providing student rosters on a quarterly basis with information for the preceding six months, including each student's name, date of birth, program type, date enrolled, total number of hours to date, and date completed, withdrawn, or terminated.

18VAC41-50-280 would be revised significantly. A new subsection B would specify the information schools must submit when applying for a license; this would include a 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. Subsection C, which contains the curriculum requirements for tattooing, would be revised to add the number of hours for various topic areas. However, the overall hours required (1500, 18VAC41-50-210) and the specific topics that must be covered (listed in 18VAC41-50-280) would remain the same. Sections D and E would be added to incorporate the requirements (from 18VAC41-50-360) for permanent cosmetic tattooing and master permanent cosmetic tattooing, respectively. Subsection F, pertaining to transfer students, would be revised to (i) add documentation of hours and performances to the information students must provide for schools to assess transfer credits and (ii) remove a statement that credit may only be given for in-person training.

18VAC41-50-290 would be amended to add the requirements for permanent cosmetic tattooing and master permanent cosmetic tattooing; these requirements are currently in 18VAC41-50-370 and would be struck. The board proposes to change the total number of performances required from 50 to 60 for permanent cosmetic tattooing and from 60 to 55 for master permanent cosmetic tattooing, with specific changes to the number of performances required for each procedure. Requirements for eyeliner and scalp micropigmentation would be newly added for permanent cosmetic tattooing. Other changes would clarify and streamline the text and align the regulation with statute.

Estimated Benefits and Costs. The proposed amendments would reduce the lookback period for reporting felonies for individual, instructor, salon, and parlor license applicants; reduce experience requirements for applicants who were trained or licensed in other states; create a pathway for individuals to use training from other countries in their application; reduce the fees and increase flexibility for instructor applicants; and make it easier for experienced licensees to reinstate a lapsed license. These changes would primarily benefit applicants, especially those seeking entry into these professions in Virginia. However, tattooing schools would have to adjust their curriculum to meet the hours requirements for each topic, and all schools would have to submit the documents required by the new 18VAC41-50-280 B to qualify for licensure. Trainees in permanent cosmetic tattooing would also need additional performances to meet the new requirements. Schools that fail to renew their license on time would benefit from having staggered requirements for reinstatement applications, to the extent that they apply to reinstate their license within six months of expiration.

Businesses and Other Entities Affected. DPOR reports that as of March 1, 2025, there are 1,110 tattooers, 823 guest tattooers, 272 apprentice tattooers, 352 tattoo parlors, 33 event parlors, 22 tattooing instructors, nine tattooing schools, 1,185 permanent cosmetic tattooers, 29 master permanent cosmetic tattooers, 269 permanent cosmetic tattoo salons, 74 permanent cosmetic tattoo instructors, 31 permanent cosmetic tattoo schools. Individual applicants are likely to benefit from some of the proposed amendments, whereas schools (currently licensed and new applicants) and applicants for permanent cosmetic tattooer licenses would face new costs. Currently licensed individuals would primarily be affected by reduced continuing education requirements (removal of CPR training) and from increased flexibility in reinstatement requirements to the extent that it would apply to them. All 40 schools (nine tattooing schools and 31 permanent cosmetic tattooing schools) would have to incur some cost to develop and submit the documents required by 18VAC41-50-280 B; the tattooing schools would likely also have to revise their curriculum to meet the hour requirements in 18VAC41-50-280 C and permanent cosmetic tattoo schools may have to adapt their offerings to accommodate the changes in required performances. Further, DPOR anticipates hiring a temporary wage employee to review and process school curriculums for the 40 schools, estimated to cost about $8,612 ($20 per hour, for 40 hours a week, for 10 weeks, plus 7.65% in taxes) from non-general funds. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ 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.⁵ Since the proposed changes would create new costs for schools and require additional performances for trainees in permanent cosmetic tattooing, an adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments do appear to adversely affect small businesses. Types and Estimated Number of Small Businesses Affected: DPOR estimates that all 40 schools are likely to meet the definition of small businesses. Costs and Other Effects: The proposed amendments create direct costs in terms of producing and submitting the required documentation. Tattooing schools may incur additional costs in adapting their curriculum to meet the hours requirements for each topic; permanent cosmetic tattoo schools may incur some costs in providing for the new performance requirements for students. Alternative Method that Minimizes Adverse Impact: The board could maintain the current requirements for schools. However, these changes have been proposed as a result of a general review while trying to meet regulatory reduction targets and are expected to benefit students and their clients in the long run.

Localities⁸ Affected.⁹ The proposed amendments do not disproportionately affect particular localities or affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments may reduce the value of private schools by increasing their costs; however, such a reduction may be offset to the extent that the proposed changes increase the demand for training in tattooing and permanent cosmetic tattooing in Virginia. 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 See https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf.

³ A list of approved providers can be found on the DPOR website: https://www.dpor.virginia.gov/sites/default/files/boards/BarberCosmo/Approved Health Education_BPTATT.pdf.

⁴ 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.

⁵ 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.

⁶ 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."

⁷ 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.

⁸ "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.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

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

Summary:

As a result of a general review and in response to Executive Order 19 (2022) and Executive Directive One (2022), the proposed amendments revise (i) definitions; (ii) entry requirements for licenses and certificates, including reducing minimum training requirements for individuals seeking licensure as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer; reducing experience requirements for individuals who received training outside of the United States; and reducing criminal history reporting requirements; (iii) fee and reinstatement provisions; (iv) requirements for schools; and (v) standards of practice, including sanitation and safety standards for parlors, salons, and schools.

18VAC41-50-10. 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.:

"Board"

"Tattoo parlor"

"Tattoo school"

"Tattooer"

"Tattooing"

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 tattooing training program conducted by an approved apprenticeship sponsor.

"Apprenticeship sponsor" means an individual approved to conduct tattooing apprenticeship training who meets the qualifications in 18VAC41-50-70.

"Aseptic technique" means a hygienic practice that prevents and hinders the direct transfer of microorganisms, regardless of pathogenicity, from one person or place to another person or place.

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

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

"Credit hour" means a combination of the number of hours in class each week and the number of hours per week in a laboratory by which a school may measure its course work. One unit of credit equals one hour of classroom or online study, two hours of laboratory experience, or three hours of internship or practicum or a combination of the three times the number of weeks in the term.

"Direct supervision" means (i) that a Virginia licensed tattooer shall be, permanent cosmetic tattooer, or master permanent cosmetic tattooer is present in the tattoo parlor or salon at all times when services are being performed by an a temporary license holder or registered apprentice; or (ii) that a Virginia licensed and certified tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing instructor shall be or student instructor temporary license holder is present in the tattooing or permanent cosmetic tattooing school at all times when services are being performed by a student; (iii) that a Virginia licensed and certified permanent cosmetic tattooing instructor shall be present in the permanent cosmetic tattooing school at all times when services are being performed by a student; (iv) that a Virginia licensed and certified master permanent cosmetic tattooer instructor shall be present in the permanent cosmetic tattooing school at all times when master permanent cosmetic tattooer services are being performed by a student; or (v) that a Virginia licensed tattooer shall be present in the tattoo parlor at all times when services are being performed by a guest tattooer, student instructor, or temporary license holder.

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

"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.

"Event tattoo parlor" means a tattoo parlor temporary location licensed to operate for a maximum of five consecutive days.

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

"Gratuitous services" as used in § 54.1-701.5 of the Code Virginia means providing tattooing services without receiving compensation or reward, or obligation. Gratuitous services do not include services provided at no charge when goods are purchased.

"Guest tattooer" means a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer residing outside of Virginia who is licensed only to work for a two-week period at a specified tattoo parlor or permanent cosmetic tattoo salon.

"Guest tattooer sponsor" means a licensed tattoo parlor or permanent cosmetic tattooing salon that is sponsoring and providing direct supervision of a guest tattooer.

"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.

"Master permanent cosmetic tattooer" means any person who for compensation practices permanent cosmetic tattooing known in the industry as advanced permanent cosmetic tattooing, including scalp micropigmentation, eye shadow, and breast and scar repigmentation or camouflage.

"Master permanent cosmetic tattooing instructor" means a person who has been certified by the board and who meets the competency standards of the board as an instructor of master permanent cosmetic tattooing.

"Permanent cosmetic tattoo salon" means any place in which permanent cosmetic tattooing is offered or practiced for compensation.

"Permanent cosmetic tattooer" means any person who for compensation practices permanent cosmetic tattooing known in the industry as basic permanent cosmetic tattooing, including eyebrows, microblading, scalp micropigmentation, eyeliners, lip coloring, lip liners, or full lips.

"Permanent cosmetic tattooing" means placing marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin on the face, including eyebrows, eyeliners, lip coloring, lip liners, full lips, cheek blush, eye shadow, forehead and scalp micropigmentation, and on the body for breast and scar repigmentation or camouflage, also known as permanent makeup or micropigmentation.

"Permanent cosmetic tattooing instructor" means a person who has been certified by the board who meets the competency standards of the board as an instructor of permanent cosmetic tattooing.

"Permanent cosmetic tattooing school" means a place or establishment licensed by the board to accept and train students and that offers a permanent cosmetic tattooing or master permanent cosmetic tattooing curriculum approved by the board.

"Pigments" means tattooing ink designed for use on human skin.

"Post-secondary educational level" means an accredited college or university that is approved or accredited by an accrediting agency recognized by the U.S. Department of Education.

"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" means the business hours when the licensee is open to the public.

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

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

"Responsible management" means the following individuals:

1. The sole proprietor of a sole proprietorship;

2. The partners of a general partnership;

3. The managing partners of a limited partnership;

4. The officers of a corporation;

5. The managers of a limited liability company;

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

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

"Sole proprietor" means any individual, not a corporation, who is trading under 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.

"Sterilization area" means a separate room or area separate from workstations with restricted client access in which tattooing instruments are cleaned, disinfected, and sterilized.

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

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

"Tattoo convention" means an event where Virginia and out-of-state tattooers gather for no more than five consecutive days to offer tattooing services to the public.

"Tattooing instructor" means a person who has been certified by the board who meets the competency standards of the board as an instructor of tattooing.

"Temporary location" means a fixed location at which tattooing is performed for a specified length of time of not more than five days in conjunction with a single event or convention.

18VAC41-50-15. Gratuitous services.

Any individual who engages in tattooing, guest tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing 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.

18VAC41-50-20. General requirements for tattooer, guest tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer.

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

1. The applicant must be in good standing as a tattooer, guest tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer in 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 of any disciplinary action taken in Virginia or any other jurisdiction in connection with the applicant's practice as a tattooer, guest tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer and all other jurisdictions to the board at the time of application for licensure. This disclosure 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 has been previously licensed in Virginia as a tattooer, guest tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein who the board deems the applicant is unfit or unsuited to engage in tattooing, guest tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing. 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 subdivision. 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 tattooing 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 subdivision. 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 board-approved examination, administered either by the board or by a designated testing service.

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 tattooing apprenticeship program in a Virginia licensed tattoo parlor;

or completing an b. An approved tattooing training program in a Virginia licensed tattoo school; or

completing a c. A permanent cosmetic tattooing or master permanent cosmetic tattooing training program in a Virginia licensed permanent cosmetic tattooing or tattooing school shall be eligible to sit for the applicable examination.

2. Training outside of the Commonwealth of Virginia but within the United States or jurisdiction of the United States.:

a. Any person completing a tattooing, permanent cosmetic tattooing, master permanent cosmetic tattooing training program, or tattooing apprenticeship that is substantially equivalent to the Virginia program but is outside of the Commonwealth of Virginia must submit to the board (i) documentation of the successful completion of training or apprenticeship to be eligible for examination. If less than the required hours were completed, an applicant must submit (i) documentation acceptable to the board verifying the completion of a substantially equivalent tattooing training, tattooing apprenticeship, permanent cosmetic tattooing training, or master permanent cosmetic tattooing or documentation of three years of work experience within the preceding five years as a tattooer Applicants who have earned a degree from an institution outside the United States must have such 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 (i) any evaluation submitted by an applicant; and (ii) documentation of completion of a minimum of five hours of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing; and (b) first aid; and (c) CPR that is acceptable to the board in order to be eligible for examination.

b. Applicants who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training must submit (i) documentation acceptable to the board verifying three years of work experience in any other state or jurisdiction of the United States on a form provided by the board and (ii) documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (b) first aid.

18VAC41-50-30. License by endorsement.

A. Upon proper application to the board, any person currently licensed to practice as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer, or who is a licensed instructor in the respective profession in any other state or jurisdiction of the United States and who has completed a training or apprenticeship program and an examination that is substantially equivalent to that the training and examination required by this chapter may be issued a tattooer license, permanent cosmetic tattooer license, or master permanent cosmetic tattooer license, respectively, or the respective instructor certificate without an examination. The applicant must also meet the requirements set forth in 18VAC41-50-20 A 1 through A 4 and provide documentation of completion of board-approved health education to include (i) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (ii) first aid.

B. Applicants for licensure by endorsement who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training but otherwise meet all the requirements listed in subsection A of this section may substitute three years of work experience for training. Applicants must provide work history demonstrating three years of licensed experience in any other state or jurisdiction of the United States on a form provided by the board and provide documentation of completion of board-approved health education to include (i) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (ii) first aid.

18VAC41-50-40. Examination requirements and fees.

A. Applicants for initial licensure shall must pass an examination approved by the board. The examinations may be administered by the board or by a designated testing service.

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

C. B. The applicant shall must follow all procedures established by the board with regard to conduct at the examination. Such procedures shall include any written instructions communicated prior to the examination date and any 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.

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

E. D. 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.

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

18VAC41-50-45. Tattoo, permanent cosmetic tattoo, and master permanent cosmetic tattoo temporary license.

A. A temporary license to work under the direct supervision of a currently licensed individual may be issued only to applicants for initial licensure who the board finds eligible for the applicable examination. There is no fee for a temporary license. Except as provided in this section, an applicant holding a temporary license must be supervised by an individual holding a license in the same scope of practice.

Licensed tattooers may also supervise permanent cosmetic tattoo and master permanent cosmetic tattoo temporary license holders. Licensed master permanent cosmetic tattooers may also supervise permanent cosmetic tattoo temporary license holders.

B. The temporary license will remain in force for 90 days and no subsequent temporary license will be issued.

C. Any person continuing to practice tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing after a temporary license has expired may be prosecuted and fined by the Commonwealth under §§ 54.1-111 A 1 and 54.1-202 of the Code of Virginia.

D. Temporary licenses will not be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-50-20.

18VAC41-50-70. General requirements for a tattooing apprenticeship sponsor.

A. Upon filing an application with the Board for Barbers and Cosmetology board, any person meeting the qualifications set forth in this section may be eligible individual wishing to sponsor a tattooing apprentice if must meet the person following qualifications:

1. Holds The applicant must hold and maintain a current Virginia tattooer license;

2. Provides The applicant must provide documentation of legally practicing tattooing for at least five years; and

3. Provides The applicant must provide documentation indicating that he the applicant is in good standing in all jurisdictions where the practice of tattooing is regulated.

B. Apprenticeship sponsors shall be required to maintain a tattooer license.

C. B. Apprenticeship sponsors shall must ensure compliance with the 1500 hour 1,500-hour tattooing apprenticeship program and tattooing apprenticeship standards.

18VAC41-50-80. Tattoo General requirements for a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon license.

A. Any firm wishing to operate a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon shall, including any mobile parlor or salon, must obtain a tattoo parlor license, event tattoo parlor license, or permanent cosmetic tattoo 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 parlor 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 tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon or practice of the profession to the board at the time of application for licensure. This disclosure 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 tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo 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 whom the board deems the applicant is unfit or unsuited to engage in the operation of a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo 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 subdivision. The applicant shall provide a certified copy of a final order, decree, or case decision by a court, regulatory agency, or board with the lawful authority to issue such order, decree, or case decision, and such copy shall be admissible as prima facie evidence of such disciplinary action.

2. The applicant shall must disclose the applicant's physical address. A post office box is not acceptable may be provided as a secondary address. Mobile parlors and salons must provide a physical address where the parlor 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 tattooing 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 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 subdivision. 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. A tattoo Tattoo parlor license licenses, event tattoo parlor license licenses, or permanent cosmetic tattoo salon license shall licenses are issued to firms as defined in this chapter and are not be transferable and shall bear the same name and address of the business. Any changes in the name or address of the parlor or salon shall must be reported to the board in writing within 30 days of such changes. The new responsible management shall be responsible for applying for a new license within 30 days of the changes. The board will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee'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. Any tattoo parlor or permanent cosmetic tattoo salon wishing to host a guest tattooer must identify itself as the guest tattooer sponsor and must provide direct supervision of any tattooing by the guest tattooer.

F. Any firm wishing to operate a tattoo parlor in a temporary location must have a tattoo parlor license or event tattoo parlor license issued by the board.

G. An event tattoo parlor license is effective for five consecutive days prior to the expiration date. Any firm wishing to operate an event tattoo parlor must submit an application to the board at least 45 days prior to the date for which approval is sought.

H. A firm may obtain a maximum of five event tattoo parlor licenses within a calendar year.

I. The board or any of its agents must be allowed to inspect during reasonable hours any licensed parlor and 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.

18VAC41-50-91. Guest tattooer license.

A. A guest tattooer license is effective for 14 days prior to the expiration date.

B. An out-of-state resident may apply for and obtain up to five guest tattooer licenses per calendar year.

C. A For each calendar year, a guest tattooer applicant must meet the following qualifications:

1. Requirements set forth in 18VAC41-50-20 A 1 through A 4.

2. Present documentation showing out-of-state residency.

3. Documentation of board-approved health education knowledge to include (i) bloodborne disease, sterilization, and aseptic techniques related to tattooing; and (ii) first aid; and (iii) CPR that is acceptable to the board.

4. Documentation showing guest tattooer sponsor, including signature of sponsor parlor's responsible management.

D. A guest tattooer must provide documentation with each application showing the guest tattooer sponsor, including a signature of the sponsor parlor's responsible management.

E. A guest tattooer must provide the name and license number of the guest tattooer's sponsor and the duration of the guest tattooer's tattooing for all guest tattooer locations.

E. A guest tattooer applicant is not required to complete 18VAC41-50-20 A 5.

18VAC41-50-92. Guest tattooer sponsor.

A. The licensed tattoo parlor sponsoring a guest tattooer shall must ensure that the guest tattooer:

1. Has a valid, current guest tattooer license for the entire duration of the guest tattooer tattooing at the parlor.

2. Is directly supervised by a licensed tattooer.

3. Complies with all Virginia regulations relating to health, sanitation, client qualifications, and standards of practice.

B. The licensed permanent cosmetic tattoo salon sponsoring a guest tattooer shall must ensure that the guest tattooer:

1. Has a valid, current guest tattooer licensed for the entire duration of the guest tattooer's tattooing at the salon.

2. Is directly supervised by a licensed tattooer or permanent cosmetic tattooer.

3. Complies with all Virginia regulations relating to health, sanitation, client qualifications, and standards of practice.

C. With the exception of tattoo conventions, a member of the guest tattooer sponsor's responsible management must sign the guest tattooer application certifying the sponsor will ensure the requirements of subsections A and B of this section.

D. The guest tattooer sponsor shall be is responsible for the acts or omissions of the guest tattooer in the performance of tattooing or permanent cosmetic tattooing.

18VAC41-50-100. School General requirements for a school license.

A. Any firm wishing to operate a tattooing school or permanent cosmetic tattooing 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 shall 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 parlor or salon school in Virginia and in 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 tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon or practice of the profession to the board at the time of application for licensure. This disclosure 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 tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo 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 whom it deems the applicant is unfit or unsuited to engage in the operation of a tattoo parlor, event tattoo parlor, school or permanent cosmetic tattoo salon 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 subdivision. 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 tattooing 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 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 subdivision. 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. A tattooing Tattooing school license licenses or permanent cosmetic tattooing school license shall licenses are issued to firms as defined in this chapter and are not be transferable and shall bear the same name and address as the school. Any changes in the name or 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 will not be responsible for the licensee's failure to receive notices, communications, and correspondence caused by the licensee'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 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. Within 30 days of the closing ceasing to operate, whether through dissolution or alteration of the business entity, the school shall return the license to the board and must provide a written report to the board on 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.

F. The board or any of its agents must be allowed to inspect during reasonable hours any licensed school for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

18VAC41-50-110. Tattooing General requirements for a tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing instructor certificate.

A. Upon filing an application with the Board for Barbers and Cosmetology, any person meeting the qualifications set forth in this section shall be eligible for a tattooing instructor certificate if the person:

1. Holds a current Virginia tattooer license;

2. Provides documentation of legally tattooing for at least five years; and

3. Passes a course on teaching techniques in a post-secondary education level.

B. Tattooing instructors shall be required to maintain a tattooer license.

A. Any individual wishing to engage in tattoo, permanent cosmetic tattoo, or master permanent cosmetic tattoo instruction must meet the following qualifications:

1. The applicant must be in good standing as a licensed tattooer, permanent cosmetic tattooer, master permanent cosmetic tattooer, or instructor, respectively, in every jurisdiction where licensed, certified, or registered. The applicant must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for certification since being previously licensed as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer. 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.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny certification to any applicant whom the board deems unfit or unsuited to engage in the instruction of tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing.

2. In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions since being previously licensed as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer:

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

b. All felony convictions within 10 years of the date of application.

The board, in its discretion, may deny certification to any applicant in accordance with § 54.1-204 of the Code of Virginia.

3. The applicant must hold and maintain a current Virginia tattooer license, permanent cosmetic tattooer license, or master permanent cosmetic tattooer license in the respective profession.

4. The applicant must provide documentation of legally tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing for at least three years in Virginia or any other state or jurisdiction of the United States; and

5. The applicant must complete one of the following qualifications:

a. Pass a course on teaching techniques in a post-secondary education level; or

b. Train under a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer instructor in the respective profession for 12 months.

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

18VAC41-50-120. Permanent cosmetic tattooing instructor certificate. (Repealed.)

A. Upon filing an application with the Board for Barbers and Cosmetology, any person meeting the qualifications set forth in this section shall be eligible for a permanent cosmetic tattooing instructor certificate if the person:

1. Holds a current Virginia permanent cosmetic tattooer license or master permanent cosmetic tattooer license;

2. Provides documentation of legally tattooing for at least five years; and

3. Passes a course on teaching techniques at the post-secondary education level.

B. Permanent cosmetic tattooing instructors shall be required to maintain a permanent cosmetic tattooer license or master permanent cosmetic tattooer license.

18VAC41-50-125. Student instructor temporary license.

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

B. Student instructors may teach in any profession in which they hold the underlying license. Failure to maintain a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer license will disqualify an individual from holding a student instructor temporary license.

C. Certified tattoo instructors may also supervise permanent cosmetic tattoo and master permanent cosmetic tattoo student instructor temporary license holders. Certified master permanent cosmetic tattoo instructors may also supervise permanent cosmetic tattoo student instructor temporary license holders.

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

E. Temporary licenses may not be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-50-110.

18VAC41-50-130. 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	$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
Parlors or salons:
Application	$165	$190	With application
Renewal	$165	$190	With renewal card prior to expiration date
Reinstatement	$330* *includes $165 renewal fee and $165 reinstatement fee	$380* *includes $190 renewal fee and $190 reinstatement fee	With reinstatement application
Schools:
Application	$185	$220	With application
Renewal	$185	$220	With renewal card prior to expiration date
Reinstatement	$370* *includes $185 renewal fee and $185 reinstatement fee	$440* *includes $220 renewal fee and $220 reinstatement fee	With reinstatement application

18VAC41-50-140. Refunds. (Repealed.)

All fees are nonrefundable and shall not be prorated.

18VAC41-50-150. License renewal required.

A. Tattooer licenses, tattoo parlor licenses, tattooing instructors certificates, tattooing schools licenses, permanent cosmetic tattooer licenses, master permanent cosmetic tattooer licenses, permanent cosmetic tattoo salon licenses, permanent cosmetic tattooing instructor certificate, master permanent cosmetic tattooing instructor certificates, and permanent cosmetic tattooing schools licenses shall will expire two years from the last day of the month in which they were issued.

B. Guest tattooer licenses will expire 14 days after the effective date of the license and may not be renewed.

18VAC41-50-160. Continuing education requirement.

All licensed tattooers, permanent cosmetic tattooers, and master permanent cosmetic tattooers shall be required to must satisfactorily complete board-approved health education to include (i) bloodborne disease, sterilization, and aseptic techniques related to tattooing; and (ii) first aid; and (iii) CPR during their licensed term. Documentation of training completion shall must be provided at the time of renewal along with the required fee.

18VAC41-50-170. 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.

18VAC41-50-180. 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 the expiration date of the license or certificate, the licensee shall or certificate holder must meet the renewal continuing education requirements as prescribed in 18VAC41-50-170 18VAC41-50-160 and apply for reinstatement of the license by submitting to the Department of Professional and Occupational Regulation a reinstatement application along with the required renewal and pay the reinstatement fees.

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 shall or certificate holder must apply for licensure or certification as a new applicant, shall and meet all current application entry requirements, shall pass the board's current examination, and shall receive a new license for each respective license or certificate. Individual licensees failing to renew must provide documentation of completion of board-approved health education to include (i) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (ii) first aid.

2. An individual initially granted licensure under an examination exemption, known as grandfathering, pursuant to 18VAC41-50-20 A 6, shall submit a new application showing the individual met the requirements of the applicable examination waiver provision, demonstrate five previously licensed in Virginia for a minimum of three years of licensed experience, must (i) submit a new application; (ii) submit documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing and (b) first aid; and (iii) pass the required examination.

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

1. After 180 days, the school must submit a reinstatement for a school license 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 After 180 days, reinstatement will be considered by the board if the school consents to and satisfactorily passes an inspection of the school and if the school's records are maintained in accordance with 18VAC41-50-250 and 18VAC41-50-330. Pursuant to 18VAC41-50-100, and 18VAC41-50-230, and 18VAC41-50-310 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 is applicable and an additional fee is required.

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

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

G. A licensee or certificate holder that fails to reinstate its license shall or certificate will be regarded as unlicensed or uncertified from the expiration date of the license or certificate forward. Nothing in this chapter shall 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.

18VAC41-50-190. General requirements.

A. Any person desiring to enroll in the tattooing apprenticeship program shall will be required to provide documentation of satisfactory completion of a minimum of five hours of board-approved health education to include but not limited to (i) bloodborne disease, sterilization, and aseptic techniques related to tattooing, and (ii) first aid and CPR.

B. Any tattooer desiring approval to perform the duties of an apprenticeship sponsor and offer the board's tattooing apprenticeship program shall must meet the requirements of 18VAC41-50-70.

C. All apprenticeship training shall must be conducted in a tattoo parlor that has met the requirements of 18VAC41-50-80.

18VAC41-50-200. Apprenticeship curriculum requirements.

Apprenticeship curriculum requirements are as follows:

1. Microbiology.

a. Microorganisms, viruses, bacteria, fungi;

b. Transmission cycle of infectious diseases; and

c. Characteristics of antimicrobial agents.

2. Immunization.

a. Types of immunizations;

b. Hepatitis A— through G transmission and immunization;

c. HIV/AIDS;

d. Tetanus, streptococcal, zoonotic, tuberculosis, pneumococcal, and influenza;

e. Measles, mumps, and rubella;

f. Vaccines and immunization; and

g. General preventative measures to be taken to protect the tattooer and client.

3. Sanitation and disinfection.

a. Definition of terms.

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation.

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, disinfectants, and fumigants;

d. The use of sanitation equipment;

e. Preservice sanitation procedure; and

f. Post-service sanitation procedure.

4. Safety.

a. Proper needle handling and disposal;

b. How to avoid overexposure to chemicals;

c. The use of Material Safety Data Sheets;

d. Blood spill procedures;

e. Equipment and instrument storage; and

f. First aid and CPR.

5. Bloodborne pathogen standards.

a. Occupational Safety and Health Administration (OSHA) and Centers for Disease Control and Prevention (CDC) bloodborne pathogen standards;

b. Control plan for bloodborne pathogens;

c. Exposure control plan for tattooers;

d. Overview of compliance requirements; and

e. Disorders and when not to service a client.

6. Professional standards.

a. History of tattooing;

b. Ethics;

c. Recordkeeping:

(1) Client health history;

(2) Consent forms; and

(3) HIPAA (Health Insurance Portability and Accountability Act of 1996 Privacy Rule) Standards.

d. Preparing station, making appointments, parlor ethics:

(1) Maintaining professional appearance, and notifying clients of schedule changes; and

(2) Promoting services of the parlor and establishing clientele.

e. Parlor management:

(1) Licensing requirements; and

(2) Taxes.

f. Supplies:

(1) Usages;

(2) Ordering; and

(3) Storage.

7. Tattooing.

a. Client consultation;

b. Client health form;

c. Client disclosure form;

d. Client preparation;

e. Sanitation and safety precautions;

f. Implement selection and use;

g. Proper use of equipment; and

h. Material selection and use;

i. Needles;

j. Ink;

k. Machine:

(1) Construction;

(2) Adjustment; and

(3) Power supply;

l. Art, drawing; and

m. Portfolio.

8. Anatomy:

a. Understanding of skin; and

b. Parts and functions of skin.

9. Virginia tattooing laws and regulations.

18VAC41-50-210. Hours of instruction and performances.

A. Curriculum requirements specified in 18VAC41-50-200 shall must be taught over a minimum of 1500 hours as follows:

1. 350 hours shall must be devoted to theory pertaining to subdivisions 1, 2, 4, 5, 6, 8, and 9 of 18VAC41-50-200;

2. 150 hours shall must be devoted to theory pertaining to subdivision 3 of 18VAC41-50-200; and

3. The remaining 1000 1,000 hours shall must be devoted to practical training to include apprenticeship curriculum requirements and a minimum of 100 performances pertaining to subdivision 7 of 18VAC41-50-200.

B. An approved tattooing apprenticeship program may conduct an assessment of an apprentice's competence in the theory and practical requirements for tattooing and, based on the assessment, give a maximum of 700 hours of credit toward the requirements in subdivisions A 1 and A 3 of this section. No credit shall be allowed for the 150 hours required in subdivision A 2 of this section.

Part VI

Tattooing and Permanent Cosmetic Tattooing Schools

18VAC41-50-220. Applicants for tattooing school license. (Repealed.)

Any person or entity desiring to operate a tattooing school shall submit an application to the board at least 60 days prior to the date for which approval is sought.

18VAC41-50-230. General requirements.

A tattooing and permanent cosmetic tattooing school shall must:

1. Hold a tattooing or permanent cosmetic tattooing 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 tattoo parlor license or salon license if the school receives compensation for services provided in its clinic.

3. Employ a staff of, and ensure all training is conducted under the direct supervision of, licensed and certified tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing instructors, respectively.

a. Licensed and certified tattoo instructors may also instruct permanent cosmetic tattooing and master permanent cosmetic tattooing programs.

b. Licensed and certified master permanent cosmetic instructors may also instruct permanent cosmetic tattooing programs.

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

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

4. Develop individuals for entry-level competency in tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing.

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., examination) of the information the student is taught online, which shall be completed in a traditional brick-and-mortar classroom.

a. Tattoo curricula must be based on a minimum of 1,000 clock or equivalent credit hours and must include performances in accordance with 18VAC41-50-280 C.

b. Permanent cosmetic tattoo curricula must be based on a minimum of 200 clock or equivalent credit hours and must include performances in accordance with 18VAC41-50-280 D.

c. Master permanent cosmetic tattoo curricula must be based on a minimum of 200 clock or equivalent credit hours and must include performances in accordance with 18VAC41-50-280 E.

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

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

8. Conduct all instruction and training of students under the direct supervision of a licensed and certified tattooing instructor.

18VAC41-50-250. Records.

A. Schools are required to keep upon graduation, termination, or withdrawal, written records of hours and performances showing what instruction a student has received for a period of 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 terminates or completes student's completion of the curriculum of the school. These records shall be available for inspection by the Department of Professional and Occupation Regulation. All records must be kept on the premises of each school., termination, or withdrawal:

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

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

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

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

5. Final transcript;

6. Course descriptions; and

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

B. For a period of five years after a student completes the curriculum, terminates, or withdraws from the school, schools are required to provide documentation of hours and performances completed by a student upon receipt of a written request from the student Schools 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 schools are required to provide to current students documentation of hours and performances completed.

E. For a period of one year after a school changes ownership, schools are required to provide documentation of hours and performances completed by a current student upon receipt of a written request from the student.

18VAC41-50-255. Reporting.

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

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

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

B. 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 the intention of operating, must submit a report to that effect.

D. Schools with no students enrolled that no longer wish to operate should terminate licensure in accordance with board regulations.

18VAC41-50-280. Tattooing and permanent cosmetic tattooing school curriculum requirements.

A. Any person desiring to enroll in the a tattooing or permanent cosmetic tattooing school shall will be required to provide documentation of satisfactory completion of a minimum of five hours of board-approved health education to include (i) bloodborne disease, sterilization, and aseptic techniques related to tattooing; and (ii) first aid; and (iii) CPR.

B. Tattooing school curriculum requirements are as follows: Each tattoo or permanent cosmetic tattoo school 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.

C. The outline for tattooing must include the following:

1. Microbiology - minimum of 100 hours of instruction.

a. Microorganisms, viruses, bacteria, fungus;

b. Transmission cycle of infectious diseases; and

c. Characteristics of antimicrobial agents.

2. Immunization - minimum of 50 hours of instruction.

a. Types of immunizations;

b. Hepatitis A through G transmission and immunization;

c. HIV/AIDS;

d. Tetanus, streptococcal, zoonotic, tuberculosis, pneumococcal, and influenza;

e. Measles, mumps, and rubella;

f. Vaccines and immunization; and

g. General preventative measures to be taken to protect the tattooer and client.

3. Sanitation and disinfection - minimum of 150 hours of instruction.

a. Definition of terms:

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation.;

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, disinfectants, and fumigants;

d. The use of sanitation equipment;

e. Preservice sanitation procedure; and

f. Postservice sanitation procedure.

4. Safety - minimum of 50 hours of instruction.

a. Proper needle handling and disposal;

b. How to avoid overexposure to chemicals;

c. The use of Material Safety Data Sheets;

d. Blood spill procedures;

e. Equipment and instrument storage; and

f. First aid and CPR.

5. Bloodborne pathogen standards - minimum of 50 hours of instruction.

a. Occupational Safety and Health Administration (OSHA) and Centers for Disease Control and Prevention (CDC) bloodborne pathogen standards;

b. Control plan for bloodborne pathogens;

c. Exposure control plan for tattooers;

d. Overview of compliance requirements; and

e. Disorders and when not to service a client.

6. Professional standards - minimum of 30 hours of instruction.

a. History of tattooing;

b. Ethics;

c. Recordkeeping:

(1) Client health history;

(2) Consent forms; and

(3) HIPAA (Health Insurance Portability and Accountability Act of 1996 Privacy Rule) Standards;

d. Preparing station, making appointments, parlor ethics:

(1) Maintaining professional appearance, notifying clients of schedule changes; and

(2) Promoting services of the parlor and establishing clientele;

e. Parlor management.:

(1) Licensing requirements; and

(2) Taxes; and

f. Supplies.:

(1) Usages;

(2) Ordering; and

(3) Storage.

7. Tattooing - minimum of 500 hours of instruction.

a. Client consultation;

b. Client health form;

c. Client disclosure form;

d. Client preparation;

e. Sanitation and safety precautions;

f. Implement selection and use;

g. Proper use of equipment;

h. Material selection and use;

i. Needles:

(1) Groupings;

(2) Properties; and

(3) Making;

j. Ink;

k. Machine:

(1) Construction;

(2) Adjustment; and

(3) Power supply;

l. Art, drawing; and

m. Portfolio.

8. Anatomy - minimum of 60 hours of instruction.

a. Understanding of skin; and

b. Parts and functions of skin.

9. Virginia tattooing laws and regulations - minimum of 10 hours of instruction.

D. The outline for permanent cosmetic tattooing must include the following:

1. Virginia tattooing laws and regulations - minimum of five hours of instruction.

2. Machines and devices - minimum of 15 hours of instruction:

a. Coil or rotary machine;

b. Hand device; and

c. Other devices.

3. Needles and cartridges - minimum of 10 hours of instruction:

a. Types;

b. Uses; and

c. Application.

4. Anatomy - minimum of 10 hours of instruction:

a. Layers of skin;

b. Parts and functions of skin; and

c. Diseases.

5. Color theory - minimum of five hours of instruction:

a. Skin and pigment color; and

b. Handling and storage of pigments.

6. Transmission cycle of infectious diseases - minimum of five hours of instruction.

7. Immunization - minimum of five hours of instruction:

a. Types of immunizations; and

b. General preventative measures to be taken to protect the tattooer and client.

8. Sanitation and disinfection - minimum of 15 hours of instruction:

a. Definition of terms:

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation;

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, and disinfectants;

d. The use of sanitation equipment;

e. Preservice sanitation procedure; and

f. Postservice sanitation procedure.

9. Safety - minimum of five hours of instruction:

a. Proper needle handling and disposal;

b. Blood spill procedures;

c. Equipment and instrument storage; and

d. First aid.

10. Bloodborne pathogen standards - minimum of five hours of instruction:

a. OSHA and CDC bloodborne pathogen standards;

b. Overview of compliance requirements; and

c. Disorders and when not to service a client.

11. Anesthetics - minimum of 10 hours of instruction:

a. Use;

b. Types;

c. Application; and

d. Removal.

12. Equipment - minimum of five hours of instruction:

a. Gloves;

b. Masks;

c. Apron;

d. Chair;

e. Lighting; and

f. Work table.

13. Professional standards - minimum of five hours of instruction:

a. History of permanent cosmetic tattooing;

b. Ethics;

c. Recordkeeping:

(1) Client health history; and

(2) Consent forms;

d. Preparing station, making appointments, and salon ethics:

(1) Maintaining professional appearance and notifying clients of schedule changes; and

(2) Promoting services of the salon and establishing clientele; and

e. Salon management:

(1) Licensing requirements; and

(2) Taxes.

14. Permanent cosmetic tattooing - minimum of 100 hours of instruction:

a. Client consultation;

b. Client health form;

c. Client disclosure form;

d. Client preparation;

e. Drawing and mapping;

f. Sanitation and safety precautions;

g. Implement selection and use;

h. Proper use of equipment;

i. Material selection and use;

j. Eyebrows;

k. Microblading;

l. Eyeliner;

m. Lip coloring;

n. Lip liners; and

o. Scalp micropigmentation.

E. The outline for master permanent cosmetic tattooing must include the following:

1. Virginia tattooing laws and regulations - minimum of five hours of instruction.

2. Machines and devices - minimum of five hours of instruction:

a. Coil or rotary machine;

b. Hand device; and

c. Other devices.

3. Needles and cartridges - minimum of five hours of instruction:

a. Types;

b. Uses; and

c. Application.

4. Advanced practical clinical anatomy - minimum of 10 hours of instruction:

a. Eyelid anatomy;

b. Lip anatomy; and

c. Breast anatomy.

5. Advanced color theory - minimum of 10 hours of instruction.

6. Organic and inorganic pigment - minimum of five hours of instruction.

7. Understanding the surgical process - minimum of five hours of instruction:

a. The latissimus dorsi flap procedure;

b. Abdominoplasty and breast reconstruction;

c. Other reconstruction procedures:

(1) Deep inferior epigastric artery (perforator DIEP) flap; and

(2) Superior gluteal artery (perforator DIEP) flap;

d. Flap size versus areola size; and

e. Implant reconstruction:

(1) Tissue expansion;

(2) Placing the implant;

(3) Implant versus flap reconstruction;

(4) Saline versus silicone;

(5) Radiation therapy; and

(6) Lymphedema.

8. Client consultation - minimum of 10 hours of instruction.

9. Breast areolar pigmentation - minimum of 10 hours of instruction:

a. Chart notes;

b. Health Insurance Portability and Accountability Act (HIPAA);

c. Room setup;

d. Anesthetic for breast procedures;

e. Color selection;

f. Needle selection;

g. Design and placement:

(1) Position of the areola or nipple complex;

(2) The Penn Triangle;

(3) Diameter of the areola; and

(4) Nipple reconstruction;

h. Creating three-dimensional nipple or areola:

(1) Understanding and creating a reflection of light; and

(2) The value of color;

i. Covering scar tissue and periareolar scar blending;

j. Aftercare:

(1) Tegaderm aftercare instructions; and

(2) Follow up; and

k. Precautions and contraindications.

10. Skin cancer - minimum of five hours of instruction:

a. Basal cell carcinomas;

b. Squamous cell carcinomas; and

c. Melanoma.

11. The art of camouflage - minimum of 10 hours of instruction:

a. Client or patient selection and handling;

b. Contraindications and when not to perform services;

c. Skin tones;

d. Color selection and skin tone matching;

e. Scars;

f. Burn scars; and

g. Common needle configurations used for camouflage.

12. Side effects - minimum of five hours of instruction.

13. Insurance - minimum of five hours of instruction.

14. Master permanent cosmetic tattooing procedures - minimum of 110 hours of instruction:

a. Lip;

b. Areola;

c. Blush;

d. Camouflage; and

e. Eyeshadow.

C. F. A licensed tattoo or permanent cosmetic tattoo school 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 this section and 18VAC41-50-290. A licensed tattooing or permanent cosmetic tattooing school with an approved master permanent cosmetic tattooing program may conduct an assessment of a transfer student's competence in master permanent cosmetic tattooing and, based on the assessment, give credit toward the requirements specified in subsection E of this section and 18VAC41-50-290 D.

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. Credit may only be given for in-person training.

18VAC41-50-290. Hours of instruction and performances.

A. Curriculum Tattooing curriculum requirements specified in 18VAC41-50-280 shall C must be taught over a minimum of 1,000 hours as follows:

1. 350 hours shall must be devoted to theory pertaining to 18VAC41-50-280 B C 1, 2, 4, 5, 6, 8, and 9;

2. 150 hours shall must be devoted to theory pertaining to 18VAC41-50-280 B C 3; and

3. The remaining 500 hours shall must be devoted to practical training to include tattooing curriculum requirements and a minimum of 100 performances pertaining to 18VAC41-50-280 B C 7.

B. An approved tattooing school may conduct an assessment of a student's competence in the theory and practical requirements for tattooing and, based on the assessment, give a maximum of 700 hours of credit toward the requirements in subdivisions A 1 and A 3 of this section. No credit shall be allowed for the 150 hours required in subdivision A 2 of this section Curriculum and performance requirements specified in 18VAC41-50-280 D and E must be taught over a minimum of 200 clock hours for permanent cosmetic tattooing program and 200 clock hours for a master permanent cosmetic tattooing program.

C. Individuals enrolled in a program prior to July 1, 2022, may complete the program at the hours in effect at the time they enrolled. A minimum of 60 performances must be completed as part of the permanent cosmetic tattooing instruction, including:

Eyebrow	10 performances
Microblading	10 performances
Lip Liner	five performances
Lip Color	five performances
Eyeliner	10 performances
Scalp micropigmentation	20 performances

D. A minimum of 55 performances must be completed as part of the master permanent cosmetic tattooing instruction, including:

Lip (cleft lip repigmentation)	five performances
Areola	10 performances
Blush application	10 performances
Camouflage	10 performances
Scar repigmentation	10 performances
Eyeshadow	10 performances

E. Completion of performances are determined as follows:

1. Two complete eyebrows constitutes one performance;

2. Two complete eye liners constitutes one performance;

3. One complete lip liner (bottom or top lip separately) constitutes one performance;

4. One complete lip color (bottom or top lip separately) constitutes one performance; and

5. Two complete eyeshadows constitute one performance.

Part VII

Permanent Cosmetic Tattooing Schools (Repealed)

18VAC41-50-300. Applicants for permanent cosmetic tattooing school license. (Repealed.)

Any person or entity desiring to operate a permanent cosmetic tattooing school shall submit an application to the board at least 60 days prior to the date for which approval is sought.

18VAC41-50-310. General requirements. (Repealed.)

A permanent cosmetic tattooing school shall:

1. Hold a permanent cosmetic tattooing school license for each and every location.

2. Hold a permanent cosmetic tattoo salon license if the school receives compensation for services provided in the area where practical instruction is conducted and services are provided.

3. Employ a staff of licensed and certified permanent cosmetic tattooing instructors or licensed and certified master permanent cosmetic tattooing instructors.

4. Develop individuals for entry-level competency in permanent cosmetic tattooing or master permanent cosmetic tattooing.

5. Submit its curricula for board approval.

6. Inform the public that all services are performed by students if the permanent cosmetic tattooing 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 area where practical instruction is conducted and services are provided.

8. Conduct all instruction and training of permanent cosmetic tattooers under the direct supervision of a licensed and certified permanent cosmetic tattooing instructor or a licensed and certified master permanent cosmetic tattooing instructor.

9. Conduct all instruction and training of master permanent cosmetic tattooers under the direct supervision of a licensed and certified master permanent cosmetic tattooing instructor.

18VAC41-50-330. Records. (Repealed.)

A. Schools are required to keep upon graduation, termination or withdrawal, written records of hours and performances showing what instruction a student has received for a period of five years after the student terminates or completes the curriculum of the school. These records shall be available for inspection by the department. All records must be kept on the premises of each school.

B. For a period of five years after a student completes the curriculum, terminates or withdraws from the school, schools are required to provide documentation of hours and performances completed by a student upon receipt of a written request from the student.

C. Prior to a school changing ownership or a school closing, schools are required to provide to current students documentation of hours and performances completed.

D. For a period of one year after a school changes ownership, schools are required to provide documentation of hours and performances completed by a current student upon receipt of a written request from the student.

18VAC41-50-360. Permanent cosmetic tattooing school curriculum requirements. (Repealed.)

A. Any person desiring to enroll in the permanent cosmetic tattooing school shall be required to provide documentation of satisfactory completion of health education on bloodborne disease.

B. Permanent cosmetic tattooing school curriculum requirements are as follows:

1. Virginia tattooing laws and regulations.

2. Machines and devices.

a. Coil machine;

b. Hand device; and

c. Others devices.

3. Needles.

a. Types;

b. Uses; and

c. Application.

4. Anatomy.

a. Layers of skin;

b. Parts and functions of skin; and

c. Diseases.

5. Color theory.

a. Skin and pigment color; and

b. Handling and storage of pigments.

6. Transmission cycle of infectious diseases.

7. Immunization.

a. Types of immunizations; and

b. General preventative measures to be taken to protect the tattooer and client.

8. Sanitation and disinfection.

a. Definition of terms:

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation;

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, and disinfectants;

d. The use of sanitation equipment;

e. Preservice sanitation procedure; and

f. Postservice sanitation procedure.

9. Safety.

a. Proper needle handling and disposal;

b. Blood spill procedures;

c. Equipment and instrument storage; and

d. First aid.

10. Bloodborne pathogen standards.

a. OSHA and CDC bloodborne pathogen standards;

b. Overview of compliance requirements; and

c. Disorders and when not to service a client.

11. Anesthetics.

a. Use;

b. Types;

c. Application; and

d. Removal.

12. Equipment.

a. Gloves;

b. Masks;

c. Apron;

d. Chair;

e. Lighting; and

f. Work table.

13. Professional standards.

a. History of permanent cosmetic tattooing;

b. Ethics;

c. Recordkeeping:

(1) Client health history; and

(2) Consent forms;

d. Preparing station, making appointments, salon ethics:

(1) Maintaining professional appearance, notifying clients of schedule changes; and

(2) Promoting services of the salon and establishing clientele; and

e. Salon management:

(1) Licensing requirements; and

(2) Taxes.

14. Permanent cosmetic tattooing.

a. Client consultation;

b. Client health form;

c. Client disclosure form;

d. Client preparation;

e. Drawing and mapping;

f. Sanitation and safety precautions;

g. Implement selection and use;

h. Proper use of equipment;

i. Material selection and use;

j. Eyebrows;

k. Microblading;

l. Eyeliner;

m. Lip coloring;

n. Lip liners; and

o. Scalp micropigmentation.

C. Master permanent cosmetic tattooing program curriculum requirements are as follows:

1. Virginia tattooing laws and regulations.

2. Machines and devices:

a. Coil machine;

b. Hand device; and

c. Others devices.

3. Needles:

a. Types;

b. Uses; and

c. Application.

4. Advanced practical clinical anatomy:

a. Eyelid anatomy;

b. Lip anatomy; and

c. Breast anatomy.

5. Advanced color theory.

6. Organic and inorganic pigment.

7. Understanding the surgical process:

a. The latissimus dorsi flap procedure;

b. Abdominoplasty and breast reconstruction;

c. Other reconstruction procedures:

(1) Deep inferior epigastric artery perforator (DIEP) flap; and

(2) Superior gluteal artery perforator (DIEP) flap;

d. Flap size versus areola size; and

e. Implant reconstruction:

(1) Tissue expansion;

(2) Placing the implant;

(3) Implant versus flap reconstruction;

(4) Saline versus silicone;

(5) Radiation therapy; and

(6) Lymphedema.

8. Client consultation.

9. Breast areolar pigmentation:

a. Chart notes;

b. Health Insurance Portability and Accountability Act (HIPAA);

c. Room setup;

d. Anesthetic for breast procedures;

e. Color selection;

f. Needle selection;

g. Design and placement;

(1) Position of the areola/nipple complex;

(2) The Penn Triangle;

(3) Diameter of the areola; and

(4) Nipple reconstruction;

h. Creating three-dimensional nipple/areola;

(1) Understanding and creating a reflection of light; and

(2) The value of color;

i. Covering scar tissue and periareolar scar blending;

j. Aftercare;

(1) Tegaderm aftercare instructions; and

(2) Follow up; and

k. Precautions and contraindications.

10. Skin cancer:

a. Basal cell carcinomas;

b. Squamous cell carcinomas; and

c. Melanoma.

11. The art of camouflage:

a. Client/patient selection and handling;

b. Contraindications and when not to perform services;

c. Skin tones;

d. Color selection and skin tone matching;

e. Scars;

f. Burn scar; and

g. Common needle configurations used for camouflage.

12. Side effects.

13. Insurance.

14. Master permanent cosmetic tattooing procedures:

a. Lip;

b. Areola;

c. Blush;

d. Camouflage; and

e. Eyeshadow.

D. A licensed school with an approved permanent cosmetic tattooing or master permanent cosmetic tattooing program may conduct an assessment of a student's competence in the respective profession and, based on the assessment, give credit toward the hours requirements specified in the respective subsection of this section and 18VAC41-50-370.

The school shall make the assessment based on a review of the student's transcript and the successful completion of a board-approved competency examination administered by the school. The school may also request a copy of a catalog or bulletin giving the full course description when making the evaluation. The number of credit hours awarded shall not exceed the actual hours of instruction verified on the transcript or diploma or the number of hours specified in the board-approved curriculum for a specific topic. Credit may only be given for in-person training.

18VAC41-50-370. Hours of instruction and performances. (Repealed.)

A. Curriculum and performance requirements specified in 18VAC41-50-360 and this section shall be taught over a minimum of 200 clock hours for permanent cosmetic tattooing program and 200 clock hours for a master permanent cosmetic tattooing program.

B. A minimum of 50 performances shall be completed as part of the permanent cosmetic tattooing instruction, including two eyebrow, two microblading procedures, two lip liners, one lip color, and one full lips.

C. A minimum of 60 performances shall be completed as part of the master permanent cosmetic tattooing instruction, including:

Lip (cleft lip repigmentation)	10
Areola	10
Blush application	10
Camouflage	10
Scar repigmentation	10
Eyeshadow	10

D. Completion of performances are determined as follows:

1. Two complete eyebrows constitutes one performance;

2. Two complete eye liners constitutes one performance; and

3. One complete lip liner constitutes one performance.

E. Individuals enrolled in a program prior to July 1, 2022, may complete the program at the hours in effect at the time they enrolled.

18VAC41-50-380. Display of license.

A. The responsible management for each tattoo parlor or permanent cosmetic tattoo, salon shall, or school must ensure that all current licenses and certificates issued by the board shall be are displayed at the licensee's station or in plain view of the public either in the reception area or at individual work stations of the parlor, salon, or school. Duplicate licenses shall and certificates must be posted in a like similar manner in every parlor or, salon, or school location where the licensee provides services.

B. The responsible management for each tattoo parlor owner or permanent cosmetic tattoo, salon shall, or school must ensure that no licensee, apprentice, or student performs any service beyond the scope of practice for the applicable license.

C. The responsible management for each tattoo parlor or permanent cosmetic tattoo salon shall must offer to licensees the full series of Hepatitis B vaccine.

D. The responsible management for each tattoo parlor or permanent cosmetic tattoo salon shall must maintain a record for each licensee of one of the following:

1. Proof of completion of the full series of Hepatitis B vaccine;

2. Proof of immunity by blood titer; or

3. Written declaration of refusal of the responsible management's offer of a full series of Hepatitis B vaccine.

E. All licensees shall must operate under the name in which the license is issued.

18VAC41-50-390. Physical facilities Sanitation and safety standards.

A. A parlor or salon must be located in a permanent building or portion of a building, which structure must be in a location permissible under local zoning codes, if any. If applicable, the A parlor or salon shall must be separated from any living quarters by complete floor to ceiling partitioning and shall must contain no access to living quarters. Mobile parlors and salons must be stationary while providing services and may not operate where prohibited by local ordinance.

B. The parlor, salon, or temporary location shall must be maintained in a clean and orderly manner.

C. All 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 approved blood spill clean-up kit.

D. Work surfaces shall must be cleaned with a U.S. Environmental Protection Agency (EPA) registered, hospital grade hospital-grade disinfectant. Surfaces that come in contact with blood or other body fluids shall must be immediately disinfected with an EPA registered EPA-registered germicide solution. Appropriate personal protective equipment shall must be worn during cleaning and disinfecting procedures.

E. Cabinets for the storage of instruments, pigments, single-use articles, stencils, and other utensils shall must be provided for each operator and shall must be maintained in a sanitary manner.

F. Bulk single-use articles shall must be commercially packaged and handled in such a way as to protect them from contamination.

G. All materials applied to the human skin shall must be from single-use articles or transferred from bulk containers to single-use containers and shall must be disposed of after each use.

H. The walls, ceilings, and floors shall must be kept in good repair. The tattooing area shall must be constructed of smooth, hard surfaces that are nonporous, free of open holes or cracks, light colored, and easily cleaned. New parlors shall must not include any dark-colored surfaces in the tattooing area. Existing parlors or salons with dark-colored surfaces in the tattooing area shall must replace the dark-colored surfaces with light-colored surfaces whenever the facilities are extensively remodeled or upon relocation of the business.

I. Parlors, salons, or temporary locations shall must have adequate lighting of at least 50-foot candles of illumination in the tattooing and sterilization areas.

J. Adequate mechanical ventilation shall must be provided in the parlor.

K. Each parlor, salon, or temporary location shall must be equipped with hand-cleaning facilities for its personnel with unobstructed access to the tattooing area such that the tattooer can return to the area without having to touch anything with the tattooer's hands. Hand-cleaning facilities shall must be equipped either with hot and cold or tempered running water under pressure and liquid germicidal soap or with a sanitizing solution to clean hands. Hand-cleaning facilities shall must be equipped with single-use towels or mechanical hand drying devices and a covered refuse container. Such facilities shall be kept clean and in good repair. All facilities must have running water and soap accessible for cleaning of hands contaminated by body fluids.

L. Animals are not permitted in the parlor, salon, or temporary location, except for guide or service animals accompanying persons with disabilities, or nonmammalian animals in enclosed glass containers, such as fish aquariums, which shall must be outside of the tattooing or sterilization areas. No animals are allowed in the tattooing or sterilization areas.

M. Use of tobacco products and consumption of alcoholic beverages shall must be prohibited in the tattooing or sterilization areas.

N. No food or drink will be stored or consumed in the tattooing or sterilization areas, except for client's use in order to sustain optimal physical condition; such food and drink must be individually packaged.

O. If tattooing is performed where cosmetology services are provided, it shall must be performed in an area that is separate and enclosed.

P. All steam sterilizers shall must be biological spore tested at least monthly.

Q. Biological spore tests shall must be verified through an independent laboratory.

R. Biological spore test records shall must be retained for a period of three years and made available upon request.

S. Steam sterilizers shall must be used only for instruments used by the parlor's employees.

18VAC41-50-400. Tattooer or permanent cosmetic tattooer or master permanent cosmetic tattooer responsibilities.

A. All tattooers shall must provide to the responsible management with one of the following:

1. Proof of completion of the full series of Hepatitis B vaccine;

2. Proof of immunity by blood titer; or

3. Written declaration of refusal of the responsible management's offer of a full series of Hepatitis B vaccine.

B. All tattooers shall must wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty.

C. All tattooers shall must clean their hands thoroughly using hot or tempered water with a liquid germicidal soap or use sanitizing solution to clean hands before and after tattooing and as necessary to remove contaminants.

D. All tattooers must wear single-use examination gloves while assembling tattooing instruments and while tattooing.

E. Each time there is an interruption in the service, the gloves become torn or perforated, or whenever the ability of the gloves to function as a barrier is compromised:

1. Gloves shall must be removed and disposed of; and

2. Hands shall must be cleaned and a fresh pair of gloves used.

F. Tattooers shall must use standard precautions while tattooing. A tattooer diagnosed with a communicable disease shall must provide to the Department of Professional and Occupation Regulation a written statement from a health care practitioner that the tattooer's condition no longer poses a threat to public health.

G. Tattooers with draining lesions on their hands or face will not be permitted to work until cleared by a health care professional.

H. The area of the client's skin to be tattooed shall must be cleaned with an approved germicidal soap according to label directions.

I. Tattooing pigments shall must be placed in a single-use disposable container for each client. Following the procedure, the unused contents and container will be properly disposed of.

J. If shaving is required, razors shall must be single-use. After use, razors shall must be recapped and properly disposed of.

K. Each tattooer performing any tattooing procedures in the parlor or salon shall must have the education, training, and experience, or any combination thereof to practice aseptic technique and prevent the transmission of bloodborne pathogens. All procedures shall must be performed using aseptic technique.

L. Multiuse instruments, equipment, furniture, and surfaces that may be contaminated during the tattooing process should must be covered or wrapped in a nonporous disposable barrier. This barrier should must be removed and disposed of after each service.

M. After the disposable barrier is removed, covered items should must be wiped down with a U.S. Environmental Protection Agency registered disinfectant that is bactericidal, virucidal, and fungicidal.

N. A set of individual, sterilized needles shall must be used for each client. Single-use disposable instruments shall be disposed of in a puncture resistant puncture-resistant container.

O. Used, nondisposable instruments, such as stainless steel tubes, tips, and grips, shall must be kept in a separate, puncture resistant puncture-resistant container until brush scrubbed in hot water soap and then sterilized by autoclaving. Contaminated instruments shall must be handled with disposable gloves.

P. Used nondisposable instruments that are ultrasonically cleaned shall must be rinsed under running hot water prior to being placed in the used instrument container;.

Q. Used nondisposable instruments that are not ultrasonically cleaned prior to being placed in the used instrument container shall must be kept in a germicidal or soap solution until brush scrubbed in hot water and soap and sterilized by autoclaving.

R. The ultrasonic unit shall must be sanitized daily with a germicidal solution.

S. Nondisposable instruments shall must be sterilized and shall be handled and stored in a manner to prevent contamination. Instruments to be sterilized shall must be sealed in bags made specifically for the purpose of autoclave sterilization and shall must include the date of sterilization. If nontransparent bags are utilized, the bag shall must also list the contents.

T. Autoclave sterilization bags with a color code indicator that changes color upon proper sterilization shall must be utilized during the autoclave sterilization process.

U. Nondisposable instruments shall must be placed in the autoclave in a manner to allow live steam to circulate around them.

V. A Sealed sealed, puncture proof puncture-proof dirty tube receptacle with cool, liquid sterilant should must be maintained in the biohazard or cleanup room.

W. Sharps containers should must be located within reach of the tattooing area.

X. Contaminated disposable and single-use items shall must be disposed of in accordance with federal and state regulations regarding disposal of biological hazardous materials.

Y. The manufacturer's written instructions of the autoclave shall must be followed.

18VAC41-50-410. Client qualifications, disclosures, and records.

A. Except as permitted in § 18.2-371.3 of the Code of Virginia, a client must be a minimum of 18 years of age and shall must present at the time of the tattooing or permanent cosmetic tattooing a valid, government issued government-issued, positive identification card including, such as a driver's license, passport, or military identification. The identification must contain a photograph of the individual and a printed date of birth.

B. The tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer shall must verify and document in the permanent client record the client's age, date of birth, and the type of identification provided.

C. No person may be tattooed or permanent cosmetic tattooed who appears to be under the influence of alcohol or drugs.

D. Tattooing or permanent cosmetic tattooing shall must not be performed on any skin surface that manifests any evidence of unhealthy conditions, such as rashes, boils, infections, abrasions, or on any asymmetrical, irregular, blurred, or multicolored mole.

E. Before receiving a tattoo or permanent cosmetic tattoo, each client and client's parent or guardian, if applicable, shall must be informed verbally and in writing, using the client disclosure form prescribed by the board, about the possible risk and dangers associated with the application of each tattoo. Signatures of both the client or client's parent or guardian and the tattooer shall must be required on the client disclosure form to acknowledge receipt of both the verbal and written disclosures.

F. The tattoo parlor or temporary location or permanent cosmetic tattoo salon shall must maintain proper records for each client. The information shall must be permanently recorded and made available for examination by the Department of Professional and Occupation Regulation or authorized agent. Records shall must be maintained at the tattoo parlor or permanent cosmetic tattoo salon for at least two years following the date of the last entry. The temporary location client records shall must be maintained by the license holder. The permanent records shall must include the following:

1. The name, address, and telephone number of the client or client's parent or guardian;

2. The date tattooing or permanent cosmetic tattooing was performed;

3. The client's age, date of birth, and a copy of the positive identification provided to the tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer;

4. The specific color or colors of the tattoo or permanent cosmetic tattoo and, when available, the manufacturer's catalogue or identification number of each color used;

5. The location on the body where the tattooing or permanent cosmetic tattooing was performed;

6. The name of the tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer;

7. A statement that the client or client's parent or guardian has received a copy of applicable written care instructions, and that the client has read and understands the instructions; and

8. The signature of the client and, if applicable, parent or guardian.

18VAC41-50-420. Grounds for license or certificate revocation, 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 or certificate holder and suspend, place on probation, or revoke or refuse to issue, renew, or reinstate any a license or certificate, or deny any application; impose a monetary penalty; place a license or certificate on probation with such terms and conditions and for such time as it may designate; suspend a license or certificate for a stated period of time; or revoke a license or certificate issued under the provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia and this chapter if it finds that the licensee, certificate holder, or applicant:

1. Is incompetent or, negligent in tattooing, or incapable mentally or physically, or 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 tattooer, tattooer apprentice, permanent cosmetic tattooer, or master permanent cosmetic tattooer or (ii) operate a parlor, permanent cosmetic tattooing salon, or school;

2. Is convicted of fraud or deceit in the practice or teaching of tattooing or, permanent cosmetic tattooing, or master permanent cosmetic tattooing, fails to teach the board-approved curriculum as provided for in this chapter, or fails to comply with 18VAC41-50-280 F when making an assessment of credit hours awarded;

3. Obtained, attempted Attempts to obtain, renewed renew, or reinstated reinstate a license, certificate, or apprentice 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 tattooers, permanent cosmetic tattooers, or master permanent cosmetic tattooers 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 that employee's duties, any federal, state, or local law, regulation, or ordinance governing tattooing 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 parlor, 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, apprentice's, applicant's, or responsible management's possession or maintained in accordance with this chapter;

9. Fails to notify the board of a change of name or address in writing within 30 days of the change for each and every license, certificate, or apprentice or temporary license;

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

11. Fails to notify the board in writing within 30 days of the suspension, revocation, or surrender of a license or certificate in connection with a any final action or disciplinary action taken against a license, apprentice or temporary license, or certificate in any other jurisdiction or of any license or certificate that has been the subject of disciplinary action in any other 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 parlor, or salon, or school, a person who has not obtained a license, temporary license, or guest tattooer license to practice as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer, unless the person is duly enrolled licensed as an apprentice;

15. Allows, as responsible management of a school, a person who has not obtained an instructor certificate or student instructor temporary license to practice as a tattooing or, permanent cosmetic tattooing instructor, or master permanent cosmetic tattooing 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 practice of tattooing, or the operation of tattoo parlors or permanent cosmetic tattooing 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.