TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BARBERS AND COSMETOLOGY

Proposed Regulation

Title of Regulation: 18VAC41-60. Body-Piercing Regulations (amending 18VAC41-60-10, 18VAC41-60-20, 18VAC41-60-30, 18VAC41-60-40, 18VAC41-60-70, 18VAC41-60-80, 18VAC41-60-90, 18VAC41-60-110 through 18VAC41-60-220; adding 18VAC41-60-15, 18VAC41-60-75; repealing 18VAC41-60-100).

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

Public Hearing Information:

August 18, 2025 - 10:30 a.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Boardroom Three, Suite 200, Richmond, VA 23233.

Public Comment Deadline: September 26, 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 (i) establish the qualifications of applicants for certification or licensure necessary to ensure competence and integrity to engage in such profession or occupation and (ii) 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 is responsible for regulating individuals who (i) engage or offer to engage in the practice of body-piercing and ear-only body-piercing for compensation and (ii) operate a salon by requiring such individuals or firms (business entities) obtain the appropriate licensure. The performing of body-piercing services by those who lack sufficient expertise poses a risk to the public health, safety, and welfare, including the potential for infection or injury.

Substance: The proposed amendments:

1. Revise definitions.

2. Add a section that clarifies what are considered gratuitous services.

3. Revise disciplinary disclosure provisions for individual and salon body-piercing licensure to (i) require that an applicant and responsible management provide a copy of prior disciplinary actions taken in all jurisdictions; (ii) add probation to the list of disciplinary actions that must be reported; and (iii) remove duplicative and unnecessary language.

4. Revise criminal history disclosure provisions for individual and salon body-piercing licensure to (i) clarify misdemeanor reporting requirements; (ii) reduce the look-back period for disclosure of felony convictions to 10 years; and (iii) remove unnecessary language.

5. Allow applicants for individual and salon body-piercing licensure to provide a post office box address as a secondary address to a physical address and require mobile salons to provide a physical address where the salon is permanently garaged.

6. Revise exam eligibility provisions to (i) provide that individuals completing training outside of Virginia must complete board-approved health education; (ii) provide that applicants who have received training outside of the United States may be accepted if their degree is translated, authenticated, and evaluated by an education evaluation service; and (iii) allow applicants who did not complete a training program substantially equivalent to Virginia training to qualify for the license examination by providing documentation of three years of work experience and board-approved health education.

7. Remove the minimum training hour requirement for a body-piercer ear only applicant.

8. Allow applicants who completed a training program that is not substantially equivalent to Virginia's training requirements to substitute three years of work experience for training and require applicants for endorsement to provide documentation of board-approved health education.

9. Remove unnecessary provisions, including (i) that failing to appear for a scheduled examination results in forfeiting of the examination fee; (ii) that the examination is administered by the board or a designated testing services; (iii) that examination records will be maintained for a maximum of five years; (iv) that the license shall bear the same name and address of the business; (v) that responsible management for a parlor or salon must apply for a new license within 30 days of a name or address change; (vi) that a licensee must submit a reinstatement application; and (vii) that a salon must be in a permanent building.

10. Add a pathway for 90-day temporary licensure.

11. Update notification, care instruction, and recordkeeping requirements.

12. Add a provision that allows the board or any of the board's agents to inspect facilities during reasonable hours.

13. Consolidate fees sections.

14. Update health education training requirements.

15. Require an individual who fails to reinstate a license or certificate within two years of the expiration date to (i) either apply for licensure or certification as a new applicant and meet current entry requirements or, if the individual has been licensed for a minimum of three years, submit a new application and pass the required examination and (ii) provide documentation of completing board-approved health education.

16. Remove CPR as a training requirement.

17. Require regulants to ensure that all current licenses are displayed in plain view of the public either in the reception area or at individual workstations.

18. Require mobile salons to be stationary while providing services and disallow operation where prohibited by local ordinance.

19. Require all facilities to have a blood spill clean-up kit or blood spill clean-up kit approved by the federal Occupational Safety and Health Administration in the work area; proposed amendments specify the minimum contents of a clean-up kit.

20. Prohibit regulants from practicing if unable to practice with skill or safety as a result of any mental or physical condition and revise prohibited acts for clarity.

Issues: The primary advantage 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, board requirements will be easier for regulants and applicants to understand, which may facilitate a quicker and more efficient process for applicants and regulants. An anticipated advantage is that the regulatory change potentially increases the number of individuals who may qualify for licensure and who will therefore be available to members of the public to provide services. The primary advantage to the Commonwealth is the continued successful regulation of body-piercers who meet the minimum entry standards. The proposed amendments strengthen the Department of Professional and Occupational Regulation's ability to investigate and discipline regulants who disregard the health, safety, and welfare of the public. No disadvantages to the public, the agency, or the Commonwealth have 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 (Code) and Executive Order 19. The analysis presented below represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Board for Barbers and Cosmetology (board) proposes to establish a 90-day temporary license; make it easier to be licensed in Virginia for individuals who have received training outside the Commonwealth; and make health education, criminal disclosure, reinstatement, mobile salon, and administrative requirements less onerous.

Background. This regulation applies to those who perform body-piercing and body-piercing ear only services and those who operate salons. The regulation establishes the minimum qualifications for entry into the profession and minimum standards to ensure continued competency, because lack of sufficient expertise may create the potential for infection or injury.

The board proposes several substantive amendments discussed below to comply with Executive Directive Number One (2022), which 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.

Estimated Benefits and Costs. Temporary license. The board proposes to establish a free, non-renewable, 90-day temporary license for body-piercers. The proposal would allow individuals who complete an apprenticeship program, which is the only route for entry into the profession, the ability to work under the direct supervision of a licensed professional with the same scope of practice while they are preparing for the licensure exam. Currently, individuals who completed an apprenticeship program must apply for licensure, be approved to take the license examination, and pass the licensure examination before being allowed to legally practice. As a result, the proposed change would allow new entrants to earn wages or higher wages (compared to other lower paying jobs outside the scope of body piercing) for up to three months. DPOR estimates that the median income for this profession is approximately $3,369 per month which translates to $10,107 over three months. Thus, based on an average of 39 body-piercer temporary licenses expected to be issued each year, it is projected that temporary license holders can earn an additional aggregate income of up to $394,173 per year while waiting to take the state examination. On the other hand, DPOR would see an increase in its administrative workload to issue and ensure compliance with temporary licenses without collecting any fees, as such licenses would be issued free of charge.

Training outside Virginia. The board proposes several changes regarding eligibility to sit for the board-approved examination, and licensure by endorsement, that would likely expand the pool of eligible individuals who can be licensed in Virginia. Under the proposal, applicants for an individual license who received training outside of Virginia or the United States, that is not equivalent to Virginia training, may qualify for the license examination by providing documentation of three years of work experience at any time prior to application. Currently, such individuals must have had this work experience within the five years preceding application to qualify for the license examination.

Additionally, the proposal would provide that applicants who have received training outside of the United States may be accepted but must have their degree translated, authenticated and evaluated by an education evaluation service if credit is being sought for such education. Currently, the regulations do not allow for out of country training to be accepted to sit for the license examination. Similarly, individuals for licensure by endorsement who completed a training program or an apprenticeship program that is not substantially equivalent to Virginia's may substitute three years of licensed work experience in any other jurisdiction to qualify for licensure by endorsement. Currently, applicants for licensure by endorsement must have training and examination that is substantially equivalent to Virginia training and examination.

Health education. Several proposed changes relate to health education requirements. Currently, the board-approved training specifies a minimum of five hours of health education. The board proposes to eliminate this five-hour stipulation. Also, the required health education currently includes first aid and cardiopulmonary resuscitation (CPR) training. The board proposes to eliminate the CPR training requirement from the curriculum. As a result of this change, apprentices in Virginia would not be required to take CPR training, individuals from outside Virginia or those renewing or reinstating licenses would not have to demonstrate compliance with the CPR requirement, and the scope of continuing education would no longer include CPR training. However, whether the removal of the minimum five-hour stipulation and the stipulation that training include CPR, would lead to a reduction in compliance costs is not known as the board may shift the CPR training hours to other subjects and may not necessarily reduce the overall training hours.

Disclosures. The board proposes to reduce the look-back period for disclosure of felony convictions to 10 years prior to the date of application as opposed to prior 20 years for body-piercing and body-piercing ear only licensees as well as for responsible management of licensed salons. With this change, more individuals who may have been discouraged to apply based on criminal history may enter the profession. Also, a lower number of felony conviction disclosures may reduce the board's administrative costs because licensure denials based on criminal history are made on a case-by-case basis.

Reinstatement. The proposal would allow an individual who has been licensed for a minimum of three years to reinstate their license after it has been expired for two years by passing the license examination without having to retake training. Currently, only individuals who had initially qualified for licensure under a grandfathering provision (i.e., an exemption from examination or training requirement) can regain licensure, and they must have five years of licensed experience and pass the license examination. The change would allow all individuals with expired licenses who have been licensed for at least three years to become licensed again without the need to take required training. Thus, this change is expected to eliminate the cost of retraining for those whose license has been expired and expand the pool of eligible individuals who can be reinstated. In addition, the proposal, would remove the requirement that a licensee must submit a reinstatement application and instead require just the payment of the reinstatement fee, effectively reducing administrative costs involved in applying.

Other. The proposal would remove the requirement that a salon must be in a permanent building in order to allow for mobile salons. This change would accommodate temporary operations at different locations and possibly help generate additional revenues for the salons. Another change would require that a licensed firm notify the board within 30 days of a change of business entity (e.g., formation of a new firm or dissolution of an existing firm) and destroy the license. Currently, a firm is required to return the license to the board within 30 days of a change of business entity. The proposal would eliminate the burden of having to return the license to the board. The proposed changes would also allow license applicants to provide a post office box address as a secondary address to a primary physical address providing additional flexibility. Currently, the board does not accept a post office box as an address.

Businesses and Other Entities Affected. The proposed changes would affect licensed body-piercers, body-piercers ear only, temporary license holders, and apprentices; those seeking to obtain a body-piercers license, body-piercers ear only license, temporary license, and apprentice license; and business entities that offer body-piercing and body-piercing ear only services. According to DPOR, as of April 1, 2025, there were 196 body-piercers, 119 body-piercing salons, 64 apprentice body-piercers, 382 body-piercers ear only, and 105 body-piercer ear only salons. No regulant appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.² 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.³ The proposal does not appear to increase costs or reduce benefits for the regulants. Thus, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ DPOR states that all firms such as salons meet the definition of small business in § 2.2-4007.1 of the Code of Virginia and there are approximately 227 such small businesses. However, the proposal does not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed amendments do not introduce costs or other effects on localities, nor do they disproportionally affect any individual locality more than others.

Projected Impact on Employment. The proposed changes would allow an opportunity to provide body piercing services under a temporary license for a 90-day period, expand opportunity to become licensed in Virginia for those who have training outside Virginia, expand the pool of eligible applicants with prior criminal history, and reduce requirements for reinstatement. These changes have the potential to increase employment in the body piercing service industry but the impact on total employment is not known. It would depend on the number of such individuals who have worked in other related jobs.

Effects on the Use and Value of Private Property. The proposed changes mostly benefit individual licensees rather than body piercing businesses. However, the proposal may also moderately reduce body-piercing business administrative costs and add to asset values because of changes discussed under the other category above. No impact on real estate development costs is expected.

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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 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.

³ 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.

⁴ 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."

⁵ 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.

⁶ "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.

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

Summary:

In response to Executive Directive One (2022), the proposed amendments (i) establish a 90-day temporary license; (ii) facilitate licensure in Virginia for individuals who have received training outside the Commonwealth; (iii) reduce health education, criminal disclosure, reinstatement, mobile salon, and administrative requirements; and (iv) clarify provisions to ensure that the regulation reflects current board requirements and adheres to statute.

18VAC41-60-10. 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"

"Body-piercer"

"Body-piercing"

"Body-piercing salon"

"Body-piercing school"

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

"Apprenticeship program" means an approved body-piercing training program conducted by an approved apprenticeship sponsor.

"Apprenticeship sponsor" means an individual approved to conduct body-piercing apprenticeship training who meets the qualifications in 18VAC41-60-70.

"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.

"Body piercer Body-piercer ear only" means any person who uses only a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both for compensation.

"Body piercing Body-piercing ear only" means the use of a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.

"Body-piercing ear only salon" means any place in which a fee is charged for the act of using a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.

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

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

"Direct supervision" means a Virginia licensed body-piercer is present in the body-piercing salon at all times when services are being performed by a temporary license holder or registered apprentice.

"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 body-piercing services without receiving compensation or reward, or obligation. Gratuitous services do not include services provided at no charge when goods are purchased.

"Licensee" means any person, partnership, corporation, limited liability company, sole proprietorship, 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.

"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 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 body-piercing instruments are cleaned, disinfected, and sterilized.

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

"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.

18VAC41-60-15. Gratuitous services.

Any individual who engages in body-piercing and body-piercing ear only 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.

18VAC41-60-20. General requirements.

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

1. The applicant shall must be in good standing as a body piercer body-piercer 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 body piercer 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 body piercer.

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 body piercing body-piercing and body piercing body-piercing ear only. 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 body-piercing 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 examination, administered either by the board or by a designated testing service.

B. Eligibility to sit for board-approved body-piercer examination.

1. Training in the Commonwealth of Virginia. Any person completing an approved body-piercing apprenticeship program in a Virginia licensed body-piercing salon shall be is eligible to sit for the 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 body-piercing training or apprenticeship program that is substantially equivalent to the Virginia program but is outside of the Commonwealth of Virginia must submit to the board (i) documentation of the successful completion of training or apprenticeship to be eligible for examination and (ii) documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing and (b) first aid. Applicants who have earned a degree from an institution outside the United States must have the degree translated, authenticated, and evaluated by an education evaluation service if credit is sought for the education. The board, in its discretion, may decline to accept any evaluation submitted by an applicant.

b. Applicants who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training 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 body-piercing and (b) first aid.

If less fewer than the required hours of body-piercing training or body-piercing apprenticeship was were completed, an applicant must submit (i) documentation acceptable to the board verifying the completion of a substantially equivalent body-piercing training or body-piercing apprenticeship or documentation of three years of work experience within the preceding five years as a body piercer in any other state or jurisdiction of the United States on a form provided by the board and (ii) documentation of completion of a minimum of five hours of board-approved health education to include (a) bloodborne disease, sterilization, and aseptic techniques related to body piercing; body-piercing and (b) first aid; and (c) CPR that is acceptable to the board in order to be eligible for examination.

C. In order to receive a license as a body piercer Any individual wishing to engage in body-piercing ear only, an applicant must obtain a license in compliance with § 54.1-703 of the Code of Virginia and meet the following qualifications:

1. The applicant shall have completed a minimum of three hours of health education to include bloodborne disease and first aid that is acceptable to the board and provide verification of training on a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both and aftercare of piercing.

2. 1. The applicant shall must be in good standing in every jurisdiction Virginia and in all other jurisdictions where licensed, certified, or registered. The applicant shall disclose to the board at the time of application for licensure must provide a copy of any disciplinary action taken in another jurisdiction in connection with the applicant's licensed, certified, or registered practice Virginia and all other jurisdictions to the board at the time of application for licensure. The applicant shall disclose to the board at the time of application for licensure whether he has been previously licensed in Virginia in any profession regulated by the board This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license in connection with a disciplinary action pertaining to services within the respective scope of practice, or voluntary termination of a license.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant who it deems unfit or unsuited to engage in body-piercing.

3. 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.

4. 3. The applicant shall must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia body-piercing license laws and the board's body-piercing regulations this chapter.

5. 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 must have completed board-approved health education to include bloodborne disease and first aid and provide verification of training on a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear and aftercare of piercing.

18VAC41-60-30. License by endorsement.

A. Upon proper application to the board, any person currently licensed to practice as a body piercer body-piercer 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 body piercer body-piercer license without an examination. The applicant must also meet the requirements set forth in 18VAC41-60-20 A 1 through A 4 and provide documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing and (b) 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 who 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 (a) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing and (b) first aid.

18VAC41-60-40. 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 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 not exceed $225 per candidate.

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

18VAC41-60-70. General requirements for a body-piercing 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 body-piercing apprentice if must meet the person following qualifications:

1. Holds The applicant must hold and maintain a current Virginia body-piercing license;

2. Provides The applicant must provide documentation of legally practicing body piercing body-piercing 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 body piercing body-piercing is regulated.

B. Apprenticeship sponsors shall be required to maintain a body-piercer license.

C. B. Apprenticeship sponsors shall must ensure compliance with the 1500-hour Body-Piercing Apprenticeship Program and Body-Piercing Apprenticeship Standards.

18VAC41-60-75. Body-piercing 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.

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 body-piercing services 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. No temporary license will be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-60-20.

18VAC41-60-80. Salon General requirements for a salon license.

A. Any firm wishing to operate a body-piercing salon or body-piercing ear only salon shall, including any mobile salon, must obtain a 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 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 body-piercing salon or body-piercing ear only 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 body-piercing salon or body-piercing ear only 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 that it deems the applicant is unfit or unsuited to engage in the operation of a body-piercing salon or body-piercing ear only 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 his the applicant's physical address. A post office box is not acceptable may be provided as a secondary address. Mobile salons must provide a physical address where the 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 body-piercing 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 subsection. The record of a conviction received from a court shall be accepted as prima facie evidence of a conviction or finding of guilt. The board, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

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

B. A body-piercing Body-piercing salon license licenses or body-piercing ear only 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 entity. Any changes in the name or address of the salon shall must be reported to the board in writing within 30 days of such changes. 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 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 firm wishing to operate a body-piercing salon in a temporary location must have a body-piercing salon license issued by the board The board or any of its agents must be allowed to inspect during reasonable hours any licensed 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.

18VAC41-60-90. 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
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

18VAC41-60-100. Refunds. (Repealed.)

All fees are nonrefundable and shall not be prorated.

18VAC41-60-110. License renewal required.

All body piercer body-piercer, body piercer body-piercer ear only, body-piercing salon, and body-piercing ear only salon licenses shall will expire two years from the last day of the month in which they were the license was issued.

18VAC41-60-120. Continuing education requirement.

All licensed body piercers shall be required to body-piercers must satisfactorily complete a minimum of five hours of board-approved health education to include (i) bloodborne disease, sterilization, and aseptic techniques related to body piercing; body-piercing and (ii) first aid; and (iii) CPR during their the licensed term. All licensed body piercers body-piercers ear only shall be required to must satisfactorily complete a minimum of three hours of board-approved health education to include bloodborne disease and first aid during their the licensed term. Documentation of training completion shall must be provided at the time of renewal along with the required fee.

18VAC41-60-130. Notice of renewal.

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

18VAC41-60-140. Failure to renew.

A. When an individual or business entity fails to renew its license within 30 days following its the expiration date, the licensee shall must meet the renewal requirements prescribed in 18VAC41-60-120 and 18VAC41-60-130 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 an individual or business entity fails to renew its license within two years following the expiration date, reinstatement is no longer possible. To resume practice:

1. The former licensee shall must apply for licensure as a new applicant, shall and meet all current application entry requirements, shall pass the board's current examination if applicable, and shall receive a new license. Individual licensees failing to renew must provide documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing and (b) first aid.

2. An individual initially granted licensure under an examination exemption, known as grandfathering, pursuant to 18VAC41-60-20 A 6 shall previously licensed in Virginia for a minimum of three years must submit (i) a new application showing the individual met the requirements of the applicable examination waiver provision, demonstrate five years of licensed experience, and (ii) documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing and (b) first aid and pass the required examination.

C. 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.

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

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

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

18VAC41-60-150. Applicants for board approval.

A. Any person desiring to enroll in the body-piercing 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 blood borne bloodborne disease, sterilization, and aseptic techniques related to body piercing, body-piercing and first aid and CPR.

B. Any body piercer desiring body-piercer seeking approval to perform the duties of an apprenticeship sponsor and offer the board's body-piercing apprenticeship program shall must meet the requirements in 18VAC41-60-70.

C. All apprenticeship training shall must be conducted in a body-piercing salon that has met the requirements of 18VAC41-60-80.

18VAC41-60-160. Body-piercing apprenticeship curriculum requirements.

Body-piercing apprenticeship curriculum requirements are set out in this section:

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—G 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 body piercer body-piercer 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. Pre-service 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. Blood borne Bloodborne pathogen standards:

a. OSHA and CDC blood borne bloodborne pathogen standards;

b. Control Plan for blood borne bloodborne pathogens;

c. Exposure Control Plan for Body Piercers;

d. Overview of compliance requirements; and

e. Disorders and when not to service a client.

6. Professional standards:

a. History of body piercing body-piercing;

b. Ethics;

c. Recordkeeping:

(1) Client health history;

(2) Consent forms; and

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

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;

e. Salon management:

(1) Licensing requirements; and

(2) Taxes; and

f. Supplies:

(1) Usages;

(2) Ordering; and

(3) Storage.

7. Body piercing Body-piercing:

a. Client consultation;

b. Client health information;

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. Grade of jewelry; and

j. Metals to use.

8. Body-piercing procedures:

a. Ear lobe;

b. Helix— - ear;

c. Concha— - ear;

d. Tragus— - ear;

e. Tongue;

f. Navel;

g. Eyebrow;

h. Lip;

i. Septum;

j. Nostril;

k. Male nipple;

l. Female nipple;

m. Monroe (face cheek);

n. Prince Albert (male genitalia);

o. Frenum (male genitalia);

p. Clitorial hoods (female genitalia); and

q. Labias (female genitalia).

9. Virginia body-piercing laws and regulations.

18VAC41-60-170. Body-piercing hours of instruction and performances.

A. Curriculum requirements specified in 18VAC41-60-160 shall must be taught over a minimum of 1,500 hours as follows:

1. 350 hours shall must be devoted to theory pertaining to subdivisions 1, 2, 4, 5, and 6 of 18VAC41-60-160;

2. 150 hours shall must be devoted to theory pertaining to subdivision 3 of 18VAC41-60-160; and

3. The remaining 1,000 hours shall must be devoted to practical training and the following performances pertaining to subdivision 7 of 18VAC41-60-160:

Body-Piercing Performances
ear lobe	minimum of 5
helix - ear	minimum of 5
concha - ear	minimum of 5
tragus - ear	minimum of 5
tongue	minimum of 5
navel	minimum of 5
eyebrow	minimum of 5
lip	minimum of 5
septum	minimum of 5
nostril	minimum of 5
additional piercings of choice	minimum of 50
Total	100

B. An approved body-piercing apprenticeship program may conduct an assessment of an apprentice's competence in the theory and practical requirements for body piercing body-piercing and, based on the assessment, give a maximum of 500 hours of credit towards toward the requirements in subdivisions A 1 and A 3 of this section. No credit shall will be allowed for the 150 hours required in subdivision A 2 of this section.

18VAC41-60-180. Display of license.

A. Each The responsible management for each body-piercing salon owner or body-piercing ear only salon owner shall must ensure that all current licenses issued by the board shall be are displayed in the reception area of the salon in plain view of the public either in the reception area or at individual workstations of the salon. Duplicate licenses shall must be posted in a like similar manner in every salon location where the licensee provides services.

B. Each The responsible management for each body-piercing salon or body-piercing ear only salon owner shall must ensure that no licensee or apprentice performs any service beyond the scope of practice for the applicable license.

C. Each The responsible management for each body-piercing salon or body-piercing ear only salon owner shall must offer to licensees the full series of Hepatitis B vaccine.

D. Each The responsible management for each body-piercing salon or body-piercing ear only salon owner shall must maintain a record for each licensee of:

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 owner'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.

18VAC41-60-190. Physical facilities Sanitation and safety standards.

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

B. The body-piercing salon, or body-piercing ear only salon, or temporary location shall must be maintained in a clean and orderly manner.

C. A body-piercing salon, or body-piercing ear only salon, or temporary location shall must have a blood spill clean-up kit in the work area that contains, at a minimum, latex gloves, two 12-inch-by-12-inch towels, one disposable trash bag, bleach, one empty spray bottle, and one mask with face shield or any Occupational Safety and Health Administration-approved blood spill clean-up kit.

D. Work surfaces in a body-piercing salon, body-piercing ear only salon, or temporary location 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 germicide solution. Appropriate personal protective equipment shall must be worn during cleaning and disinfecting procedures.

E. In a body-piercing salon, or body-piercing ear only salon, or temporary location, cabinets or containers for the storage of instruments, single-use articles, and other utensils shall must be provided for each operator and shall must be maintained in a sanitary manner.

F. In a body-piercing salon, or body-piercing ear only salon, or temporary location, bulk single-use articles shall must be commercially packaged and handled in such a way as to protect the articles from contamination.

G. In a body-piercing salon, or body-piercing ear only salon, or temporary location, all materials applied to the human skin shall must be from single-use articles or transferred from bulk containers to single use single-use containers and shall must be disposed of after each use.

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

I. A body-piercing salon, or body-piercing ear only salon, or temporary location shall must have adequate lighting of at least 50 foot-candles of illumination in the body-piercing and sterilization areas.

J. In a body-piercing salon, or body-piercing ear only salon, or temporary location, adequate mechanical ventilation shall must be provided.

K. A body-piercing salon, or body-piercing ear only salon, or temporary location shall must be equipped with hand-cleaning facilities for its personnel with unobstructed access to the body-piercing area or body-piercing ear only area such that the body piercer body-piercer or body piercer body-piercer ear only can return to the area without having to touch anything with his 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 must 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 body-piercing salon, or body-piercing ear only 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 body-piercing area or sterilization area. No animals are allowed in the body-piercing area, body-piercing ear only area, or sterilization area.

M. In a body-piercing salon, or body-piercing ear only salon, or temporary location, the use of tobacco products and consumption of alcoholic beverages shall must be prohibited in the body-piercing area, body-piercing ear only area, or sterilization area.

N. In a body-piercing salon, or body-piercing ear only salon, or temporary location, no food or drink will be stored or consumed in the body-piercing area, body-piercing ear only area, or sterilization area.

O. In a body-piercing salon, or body-piercing ear only salon, or temporary location, if body-piercing or body-piercing ear only 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 salon's employees.

18VAC41-60-200. Body piercer Body-piercer and body piercer body-piercer ear only responsibilities.

A. All body piercers body-piercers and body piercers body-piercers ear only shall must provide to the responsible management 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 management's offer of a full series of Hepatitis B vaccine.

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

C. All body piercers body-piercers and body piercers body-piercers ear only 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 body piercing body-piercing and as necessary to remove contaminants.

D. All body piercers body-piercers and body piercers body-piercers ear only must wear single-use examination gloves while assembling instruments and another pair of single-use examination gloves while providing piercing services.

E. Each time there is an interruption in the service, each time the gloves become torn or perforated or become contaminated, 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. Body piercers Body-piercers and body piercers body-piercers ear only shall must use standard precautions while providing piercing services. A body piercer body-piercer or body piercer body-piercer ear only diagnosed with a communicable disease shall must provide to the Department of Professional and Occupation Occupational Regulation a written statement from a health care practitioner that the body piercer's body-piercer's condition no longer poses a threat to public health.

G. Body piercers Body-piercers and body piercers body-piercers ear only 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 pierced shall be cleaned with an approved germicidal soap or antiseptic product according to label directions.

I. The external skin of the H. All client areas to be pierced shall must be cleaned with an approved germicidal soap or antiseptic product according to the label directions. In the case of oral piercings, the operator shall must provide the individual with antiseptic mouthwash in a single-use cup and shall must ensure that the individual utilizes the mouthwash provided. In the case of a lip, labret, or cheek piercing, procedures described in this subsection for both skin and oral piercings shall must be followed.

J. I. If shaving is required, razors shall must be single-use and disposed of in a puncture-resistant container.

K. J. Each body piercer body-piercer or body piercer body-piercer ear only performing any piercing procedures in the 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. K. An individual, single-use, pre-sterilized piercing needle shall must be used for each client. Single-use disposable instruments shall must be disposed of in a puncture-resistant container.

M. L. Used, nondisposable instruments shall must be kept in a separate, puncture-resistant container until brush scrubbed in hot water soap and then sterilized by autoclaving. Contaminated instruments shall must be handled with disposable gloves.

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

O. N. 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.

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

Q. P. Nondisposable instruments shall must be sterilized and shall must 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.

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

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

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

U. T. The manufacturer's written instruction of the autoclave shall must be followed.

18VAC41-60-210. Body-piercing 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 body piercing body-piercing a valid, government-issued, positive identification card, including, but not limited to, 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 body piercer shall body-piercer 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 body pierced body-pierced who appears to be under the influence of alcohol or drugs.

D. Body piercing shall Body-piercing must not be performed on any skin surface that manifests any evidence of unhealthy conditions, such as rashes, boils, infections, or abrasions.

E. Before receiving a body piercing body-piercing, 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 body piercing body-piercing. Signatures of the client, the client's parent or guardian, if applicable, and the body piercer shall body-piercer must be required on the client disclosure form to acknowledge receipt of both the verbal and written disclosures. Each client and client's parent or guardian, if applicable, shall must be informed verbally and in writing of aftercare for each piercing.

F. The body-piercing salon or temporary location shall must maintain proper records for each client. The information shall must be permanently recorded and made available for examination by the department or authorized agent. Records shall must be maintained at the body-piercing salon for at least two years following the date of the last entry. The temporary location client records shall 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 body piercing body-piercing was performed;

3. The client's age, date of birth, and a copy of the positive identification provided to the body piercer body-piercer;

4. The specific type of jewelry used for the piercing and, when available, the manufacturer's catalogue catalog or identification number for the type of jewelry used;

5. The location on the body where the body piercing body-piercing was performed;

6. The name of the body piercer body-piercer;

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.

18VAC41-60-220. Grounds for license revocation or suspension or probation; denial of application, renewal, or reinstatement; or imposition of a monetary penalty.

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

1. Is incompetent or negligent in practice, or incapable mentally or physically unable, as a result of any mental or physical condition, as those terms are generally understood in the profession, to skillfully and safely (i) practice as a body piercer body-piercer or body piercer body-piercer ear only, or (ii) operate a body piercing body-piercing salon;

2. Is convicted of fraud or deceit in the practice body piercing of body-piercing or body piercing body-piercing ear only;

3. Attempted Attempts to obtain, obtained obtains, renewed renews, or reinstated reinstates a 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 body piercers body-piercers or body piercers body-piercers ear only 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 the employee's duties any federal, state, or local law, regulation, or ordinance governing body piercing body-piercing 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 salon 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, apprentice's, temporary license holder's, applicant's or responsible management 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, 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, certificate, or permit in connection with a any final action or disciplinary action taken against a license, apprentice, temporary license, or certificate in any other jurisdiction or of any license, certificate, or permit which 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 salon, a person who has not obtained a license or temporary license to practice as a body piercer body-piercer or body piercer body-piercer ear only, unless the person is duly enrolled as an apprentice;

15. 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 body piercing body-piercing, or the operation of body-piercing salon or body-piercing ear only salon; or

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