TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD FOR BARBERS AND COSMETOLOGY

Fast-Track Regulation

Title of Regulation: 18VAC41-60. Body-Piercing Regulations (amending 18VAC41-60-10, 18VAC41-60-20, 18VAC41-60-30, 18VAC41-60-70, 18VAC41-60-80, 18VAC41-60-110 through 18VAC41-60-150, 18VAC41-60-180 through 18VAC41-60-220; adding 18VAC41-60-81, 18VAC41-60-82, 18VAC41-60-165, 18VAC41-60-175).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 3, 2025.

Effective Date: December 18, 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 establish the qualifications of applicants for certification or licensure necessary to ensure competence or integrity to engage in such profession or occupation and to promulgate regulations necessary to ensure continued competency, to prevent deceptive or misleading practices by practitioners, and to effectively administer the regulatory system.

Purpose: The board protects the health, safety, and welfare of the public by establishing, through regulation, minimum qualifications for entry into trade-related professions such as that of an ear-piercer. The performance of trade-related work by those who lack sufficient training and expertise poses a risk to the health, safety, and welfare of the public, including allergic reactions to certain metals or materials used in earrings, inflammation, scarring, nerve damage, infection, and permanent disfiguration. The board has sought to incorporate the ear-piercing requirements so that the requirements are least intrusive and burdensome as possible, to assist in providing an environment without unnecessary regulatory obstacles while still protecting the health, safety, and welfare of the public.

Rationale for Using Fast-Track Rulemaking Process: Chapters 308 and 322 of the 2025 Acts of Assembly provide for the licensure of ear-piercers and ear-piercing salons and require the board to develop specific training and apprenticeship programs for ear-piercers. The creation of a license type that allows for a new profession and revenue stream for stakeholders seldom receives negative comment from the regulated community and the public. Accordingly, this action is expected to be noncontroversial and is appropriate for the fast-track rulemaking process.

Substance: The amendments (i) establish requirements for the licensure of individual ear-piercers and ear-piercing salons; (ii) establish apprenticeship training requirements, including minimum training standards, for ear-piercer licensure; (iii) provide for an ear-piercer earlobe-only class of license to replace the existing body-piercer ear-only license; (iv) provide for a new guest piercer license type to permit out-of-state individuals to temporarily practice in Virginia at salons or conventions; (v) provide for a new event piercing salon license type to allow salons to operate at a temporary location in Virginia in conjunction with an event or convention; and (vi) revise the standards of practice in the regulation to apply to these new license types. In addition, several clarifying changes are made to the regulation.

Issues: The primary advantages to the public associated with these regulatory changes ensure consistency between the law and regulation. Additionally, the establishment of an ear-piercing license allows individuals who are exclusively interested in performing ear piercings other than those using a mechanized, pre-sterilized system limited to earlobes to avoid the requirement of completing a 1,500-hour body-piercing apprenticeship. Further, this regulatory change creates a limited license type for out-of-state residents to provide services under a sponsor at conventions and salons. At the same time, these changes ensure the health, safety, and welfare of the public is protected by ensuring proper training. These amendments also create greater economic opportunities for current body-piercing sponsors to supervise another license type and create new ear-piercing salons. The primary benefit to the agency and the Commonwealth is the positive economic impact resulting from the introduction of a new individual license types and the establishment of new salon classifications. There are no disadvantages to these amendments.

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. Pursuant to Chapter 308 of the 2025 Acts of Assembly (Chapter 308),² the Board for Barbers and Cosmetology (board) proposes to create a new ear-piercing license for individuals, an ear-piercing salon license, and an ear-piercing apprenticeship. The board also proposes on its own discretion to create guest piercer and event piercer salon licenses for out-of-state piercers, and to replace the current body-piercing ear only license with the ear-piercing earlobe only license.

Background. Currently, this regulation applies to those who perform body-piercing and body-piercing ear only services and those who operate salons. The current body-piercer ear only license has a limited scope of practice in that it only allows the use of a mechanized, presterilized ear-piercing system to penetrate the outer perimeter, the lobe of the ear, or both. Piercing of any other part of the ear is considered body-piercing and is subject to the same apprenticeship requirement (i.e., 1,500 hours of training) as full body-piercers (i.e., those who pierce any part of the human anatomy). The current body-piercing ear only license, however, requires minimal training (i.e., a minimum of three hours of health education to include bloodborne disease and first aid and training in piercing aftercare). In essence, ear-piercing is currently covered as a portion of the body-piercing curriculum. However, Chapter 308 changed the regulatory approach to licensing ear-piercing under the body-piercing curriculum to distinguish ear-piercing salons from body-piercing salons by definition. Chapter 308 also requires the board to adopt regulations establishing the requirements for licensure of ear-piercing salons, ear-piercing schools,³ and ear-piercers and to develop specific training and apprenticeship programs for ear-piercers. Under the legislation, the scope of body-piercing continues to include ear-piercing, but a new ear-piercing only license would be created. In addition to these mandated elements, the legislation allows the board on its own discretion to develop different classes of ear-piercing licenses. Based on the discretion provided by the legislation, and in response to interest from out-of-state piercers to participate in tattoo or piercing conventions held in the Commonwealth, the board also proposes to create licenses for guest-piercers and event piercer salons. According to the Department of Professional and Occupational Regulation (DPOR), guest-piercer and event piercer salon licenses would mirror the guest tattooer license and sponsor, and event requirements. Finally, the board proposes to create an ear-piercing earlobe only license in order to provide an option that largely matches the current body-piercing ear only license.

Estimated Benefits and Costs. As mandated by the legislation, the board proposes to create an ear-piercing license for individuals. The proposed ear-piercing license would allow individuals interested in ear-piercing to work on areas beyond the earlobe, such as the helix, concha, and tragus without the need to obtain a body-piercing license. To obtain this license, individuals would have to pass an ear-piercing exam as well as pay the $120 licensing fee and the $99 exam fee. Assuming that approximately 23 individuals apply for this license annually, the board estimates that the total license fees would be $2,760 and the total exam fees would be $2,277. These totals would represent revenues for DPOR and the exam vendor, respectively, and compliance costs for the regulants. It is assumed that the fees collected by DPOR are sufficient to address the cost to process the new license applications. Additionally, there may be a small number of ear-piercing salon applications with a $220 fee, but DPOR does not have an estimate on the potential number of applicants. Since body-piercing salons would be able to offer ear-piercing, DPOR expects only a few ear-piercing salon applications. Moreover, prospective ear-piercers would no longer be required to complete a 1,500-hour body-piercing apprenticeship. Instead, a 500-hour ear-piercing apprenticeship would now fulfill the training requirement, facilitating quicker entry into the profession. According to DPOR, the average weekly compensation for piercers in Virginia equates to approximately $1,226 per week; a 1,500-hour body-piercing apprenticeship is estimated to take 38 weeks, where the 500-hour ear-piercing apprenticeship may only take 13 weeks. As a result, ear-piercers would have an additional 25 weeks of earning potential, equating to $30,650 per regulant ($1,226 x 25 weeks) or a total of $704,950 per year across Virginia ($30,650 x 23 applications per year). However, this estimate assumes that the apprentice would not earn any income during the 25 weeks of apprenticeship. DPOR does not know whether and how much compensation an apprentice receives. Thus, to the extent apprentices receive income during the apprenticeship, the $704,950 estimate would need to be reduced accordingly. The legislatively mandated new ear-piercer license would likely generate new revenues for DPOR and allow individuals entry into ear-piercing (beyond the lobe of the ear) profession by about 25 weeks earlier than before.

Guest-piercer and event salon licenses: This regulatory action also contains the discretionary creation of guest piercer and event salon licenses in response to interest from out-of-state piercers to participate in tattoo or piercing conventions held in the Commonwealth. DPOR expects approximately 832 guest piercer and 25 event salon license applications per year that would have $120 and $220 fees per application, respectively. This would generate $99,840 revenue ($120 application fee x 832 possible applicants) due to fees paid by potential guest piercer applicants and $5,500 revenue ($220 x 25 possible applicants) due to fees paid by potential event salon applicants. In addition to the application fees, guest piercers at events would likely incur fees for booth rentals. According to DPOR, the average booth rental cost is $2,200. If all 832 guest piercers rent booths at events, their total expenditures would reach $1.8 million which would be income for the convention organizers. Other expenditures by guest licensees would include payments for lodging, meals, and travel. during their stay in Virginia. However, by incurring application fees and booth rental fees, these licensees would have up to two-week access to Virginia consumers and earn income from them which they would take back to their own resident state. The expenditures by guest piercers would represent an injection to the Commonwealth economy while their net income proceeds would represent a drain. However, Virginia consumers would be the ones to decide whether the piercing they receive is worth the cost. Thus, we can assume the value of piercing received by Virginia customers would be at least as much as the cost to them whether it is the style, method, or the fashion they value over and above what is offered by Virginia piercers. Also, the additional competition brought in to the Commonwealth would be a healthy competition, thereby exposing and opening up Virginia-based piercers to the developments occurring elsewhere in the country.

Ear-piercing earlobe only individual and salon licenses: The board also proposes to largely retain the current body-piercing ear only individual and salon licenses by replacing them with ear-piercing earlobe only licenses. The earlobe only license would be limited to the use of a mechanized sterilized machine and piercing the earlobe only. The proposed scope would be more restrictive in that the earlobe only license would not allow piercing the outer perimeter of the earlobe compared to the body-piercing ear only license. Therefore, those wishing to be able to pierce the outer perimeter of the earlobe or salons for such licensees would now be subject to the 500 hours of apprenticeship requirement compared to the minimal health and safety training.

Businesses and Other Entities Affected. According to DPOR, there are 385 body-piercer ear only licensees and 106 body piercer ear only salons. In addition, approximately 23 individuals and an unknown number of salons are expected to apply for the new ear-piercing licenses annually. Moreover, approximately 832 guest piercer and 25 event salon license applications per year are expected. The regulation applies to all individual licensees and salons the same without disproportionally affecting any particular regulant. 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 The discretionary change to create a guest piercer and an event salon licenses would be optional to those out of state licensees who are interested in participating in Virginia conventions. Thus, that change is not expected to have an adverse impact on regulants. However, another discretionary change would limit the scope of the body-piercing ear only license to exclude piercing of the outer perimeter of the ear unless such persons obtain 500 hours of apprenticeship. Thus, an adverse impact on individuals interested in piercing the outer parameter of the ear with a mechanized device and without having to obtain a body piercing license would be indicated.

Small Businesses⁶ Affected.⁷ According to DPOR, salon licenses are issued to business entities, many of which are likely to be small businesses. Under the proposal, applicants for the new salon ear-piercing earlobe license would be subject to more restrictive requirements in that they would not be able to offer piercing services for the outer perimeter of the ear. Thus, an adverse impact is indicated.

Types and Estimated Number of Small Businesses Affected: Currently, there are 106 body-piercer ear only salons. However, there is no estimate on the potential future applicants for this type of salon license. Costs and Other Effects: Under the proposal, applicants for the new salon ear-piercing earlobe license would be subject to more restrictive requirements in that they would not be able to offer piercing services for outer perimeter of the ear. Alternative Method that Minimizes Adverse Impact: There is no clear alternative method that both reduces the adverse impact and meets the intended policy goals.

Localities⁸ Affected.⁹ The proposed regulation does not create costs for localities, nor does it disproportionally affect any particular locality.

Projected Impact on Employment. The proposed amendments would allow out of state pierces to temporarily work at conventions held in the Commonwealth adding to the supply of such professionals. However, services offered by out of state ear-piercers may also reduce demand for services offered by Virginia piercers. Thus, whether the net effect on employment would be significant or not is not known. Additionally, the proposal to limit the scope of the ear-piercing only license may discourage future applications for that type of license.

Effects on the Use and Value of Private Property. To the extent services offered by out of state piercers reduce demand and revenues for the Virginia licensees, there would be a negative impact on asset values of Virginia salon licensees. However, whether such demand would be significant is not known as these conventions may create their on demand that would not have existed if it were not for the convention due to new styles, methods, or other innovations. Additionally, the future ear-piercing earlobe only salons would now have to hire piercers who completed 500-hour apprenticeship possibly at a higher cost thereby reducing their asset values. No impact on real estate development costs is expected.

_____________________________

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

² https://lis.virginia.gov/bill-details/20251/HB2680/text/CHAP0308.

³ The board plans to address ear-piercing school requirements in separate action in the future.

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 provides the following clarification regarding the economic impact analysis prepared by the Department of Planning and Budget regarding the impact of the proposed regulation on future ear-piercing earlobe only salons. Under the proposed regulation, a salon that is currently licensed to operate as a body-piercing ear only salon that wishes to provide piercing services that fall within the scope of practice of ear-piercing would need to obtain a license as a an ear-piercing salon and ensure that those who provide ear-piercing services are licensed as either an ear-piercer or body-piercer, to include completion of the appropriate training through apprenticeship. However, such salons would be permitted to provide ear-piercing earlobe only services, which could be provided by individuals who are licensed as earlobe only ear-piercers. Other than that clarification, the board concurs with the analysis.

Summary:

Pursuant to Chapters 308 and 322 of the 2025 Acts of Assembly, the amendments (i) create a new ear-piercing license for individuals, an ear-piercing salon license, and an ear-piercing apprenticeship; (ii) create guest piercer and event piercer salon licenses for out-of-state piercers; and (iii) replace the current body-piercing ear only license with the ear-piercing earlobe only license.

18VAC41-60-10. Definitions.

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

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

"Apprenticeship sponsor" means an individual approved to conduct body-piercing or ear-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 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 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.

"Ear-piercer earlobe only" means any person who uses only a mechanized, presterilized ear-piercing system that penetrates the lobe of the ear for compensation.

"Ear-piercing earlobe only" means the use of a mechanized, presterilized ear-piercing system that penetrates the lobe of the ear.

"Ear-piercing earlobe only salon" means any place where a fee is charged for the act of using a mechanized, presterilized ear-piercing system that penetrates the lobe of the ear.

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

"Event piercer salon" means a body-piercing or ear-piercing salon temporary location licensed to operate for a maximum of seven 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 body-piercing or ear-piercing services without receiving compensation or reward, or obligation. Gratuitous services do not include services provided at no charge when goods are purchased.

"Guest piercer" means a body-piercer or ear-piercer residing outside of Virginia who is licensed only to work for a two-week period at a piercing salon or piercing convention.

"Guest piercer sponsor" means a licensed body-piercing or ear-piercing salon that is sponsoring and providing direct supervision of a guest piercer.

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

"Piercing convention" means an event where Virginia and out-of-state body-piercers or ear-piercers gather for no more than seven consecutive days to offer body-piercing and ear-piercing services 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 or ear-piercing instruments are cleaned, disinfected, and sterilized.

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

18VAC41-60-20. General requirements.

A. Any individual wishing who wants to engage in body piercing shall body-piercing or ear-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 or ear-piercer in every jurisdiction where licensed, certified, or registered. The applicant shall must disclose to the board at the time of application for licensure any disciplinary action taken in Virginia or any other jurisdiction in connection with the applicant's practice as a body piercer body-piercer or ear-piercer. This disclosure includes monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license. The applicant shall must disclose to the board at the time of application for licensure if the applicant has been previously licensed in Virginia as a body piercer body-piercer or ear-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 and body piercing ear only body-piercing, ear-piercing, or ear-piercing earlobe 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 must 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.

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 and ear-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; and

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

Any plea of nolo contendere shall be considered a conviction for purposes of this 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 respective board-approved examination, administered either by the board or by a designated testing service.

B. Eligibility to sit for a 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 one of the following programs is eligible to sit for the an examination.:

a. An approved body-piercing apprenticeship program in a Virginia licensed body-piercing salon; or

b. An approved ear-piercing apprenticeship program in a Virginia licensed body-piercing or ear-piercing salon.

2. Training outside of the Commonwealth of Virginia, but within the United States or jurisdiction of the United States. Any person completing a body-piercing or ear-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 documentation of the successful completion of training or apprenticeship to be eligible for examination. If less fewer than the required hours of body-piercing or ear-piercing training or body-piercing or ear-piercing apprenticeship was were completed, an applicant must submit (i) documentation acceptable to the board verifying the completion of a substantially equivalent body-piercing or ear-piercing training or body-piercing or ear-piercing apprenticeship or documentation of three years of work experience within the preceding five years as a body piercer body-piercer or ear-piercer and (ii) documentation of completion of a minimum of five hours of health education to include (a) bloodborne disease, sterilization, and aseptic techniques related to body piercing body-piercing or ear-piercing; (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 ear only an ear-piercer earlobe only, an applicant must meet the following qualifications:

1. The applicant shall must have completed a minimum of three hours of board-approved 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. The applicant shall must be in good standing in every jurisdiction where licensed, certified, or registered. The applicant shall must disclose to the board at the time of application for licensure any disciplinary action taken in another jurisdiction in connection with the applicant's licensed, certified, or registered practice. The applicant shall must disclose to the board at the time of application for licensure whether he the applicant has been previously licensed in Virginia in any profession regulated by the board.

3. The applicant shall must disclose the applicant's physical address. A post office box is not acceptable.

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

5. 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; and

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

Any plea of nolo contendere shall be considered a conviction for purposes of this 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.

18VAC41-60-30. License by endorsement.

Upon proper application to the board, any person currently licensed to practice as a body piercer body-piercer or ear-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 required by this chapter may be issued a body piercer body-piercer or ear-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 (i) bloodborne pathogens, sterilization, and aseptic techniques related to body-piercing or ear-piercing; (ii) first aid; and (iii) CPR.

18VAC41-60-70. General requirements for a body-piercing an apprenticeship sponsor.

A. Upon filing an application with the Board for Barbers and Cosmetology, any person meeting the qualifications set forth in this section may be eligible Any individual who wants to sponsor a body-piercing apprentice if the person must meet the 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. Any individual who wants to sponsor an ear-piercing apprentice must meet the following qualifications:

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

2. The applicant must provide documentation of legally practicing body-piercing or ear-piercing for at least five years; and

3. The applicant must provide documentation indicating that the applicant is in good standing in all jurisdictions where the practice of body-piercing or ear-piercing is regulated.

C. Apprenticeship sponsors shall ensure compliance with the 1500-hour Body-Piercing Apprenticeship Program and Body-Piercing Apprenticeship Standards, or the 500-hour Ear-Piercing Apprenticeship Program and Ear-Piercing Apprenticeship Standards, as applicable.

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

A. Any firm wishing that wants to operate a body-piercing salon or body-piercing ear only salon, ear-piercing salon, ear-piercing earlobe only salon, or event piercing salon shall obtain a salon license in compliance with § 54.1-704.1 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 be in good standing as a licensed salon in Virginia and all other jurisdictions where licensed. The applicant and all members of the responsible management shall disclose to the board at the time of application for licensure any disciplinary action taken in Virginia and all other jurisdictions in connection with the applicant's operation of any body-piercing salon or body-piercing ear only, ear-piercing salon, ear-piercing earlobe only salon, or event piercing salon or practice of the profession. This disclosure includes monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license. The applicant shall disclose to the board at the time of application for licensure if the applicant or any member of the responsible management has been previously licensed in Virginia as a body-piercing salon or body-piercing ear only, ear-piercing salon, ear-piercing earlobe only salon, or event piercing 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 that the board deems the applicant is unfit or unsuited to engage in the operation of a body-piercing salon or body-piercing ear only, ear-piercing salon, ear-piercing earlobe only salon, or event piercing 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 disclose his the applicant's physical address. A post office box is not acceptable.

3. The applicant shall 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 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; and

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

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

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

B. A body-piercing Body-piercing, ear-piercing, ear-piercing earlobe only, or event piercing salon license or body-piercing ear only salon license licenses shall 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 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.

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 firm shall apply for a new license within 30 days of the change in the business entity. 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 be reported to the board in writing within 30 days of the change.

E. Any firm wishing that wants to operate a body-piercing or ear-piercing salon in a temporary location must have a body-piercing salon or ear-piercing license, as applicable, issued by the board.

F. Any piercing salon that wants to host a guest piercer must identify itself as the guest piercer sponsor and must provide direct supervision of any piercing by the guest piercer.

G. An event piercer salon license is effective for seven consecutive days prior to the expiration date. Any firm that wants to operate an event piercing salon 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 piercing salon licenses within a calendar year.

I. The board or any of the board's agents shall 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.

18VAC41-60-81. Guest piercer license.

A. A guest body-piercer or ear-piercer 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 piercer licenses per calendar year.

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

1. Requirements set forth in 18VAC41-60-20 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 body-piercing or ear-piercing; (ii) first aid; and (iii) CPR.

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

E. A guest piercer must provide the name and license number of the guest piercer's sponsor and the duration of the guest piercer's piercing services for all guest piercer locations.

18VAC41-60-82. Guest piercer sponsor.

A. The licensed body-piercing salon sponsoring a guest piercer must ensure that the guest piercer:

1. Has a valid, current guest piercing license for the entire duration of the guest piercer piercing at the salon.

2. Is directly supervised by a licensed piercer. A body-piercer may directly supervise a guest body-piercer or ear-piercer. An ear-piercer may only directly supervise a guest ear piercer.

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

B. The licensed ear-piercing salon sponsoring a guest ear-piercer must ensure that the guest ear-piercer:

1. Has a valid, current guest ear-piercing license for the entire duration of the guest ear piercer's ear-piercing at the salon.

2. Is directly supervised by a licensed body-piercer or ear-piercer.

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

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

D. The guest piercer sponsor is responsible for the acts or omissions of the guest piercer in the performance of body-piercing or ear-piercing, respectively.

18VAC41-60-110. License renewal required.

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

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

18VAC41-60-120. Continuing education requirement.

All licensed body piercers shall be required to body-piercers and ear-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 or ear-piercing; (ii) first aid; and (iii) CPR during their licensed term. All licensed body piercers ear only shall be required to ear-piercers earlobe only must satisfactorily complete a minimum of three hours of board-approved health education to include bloodborne disease and first aid during their 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 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 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 must meet all current application requirements, shall pass the board's current examination if applicable, and shall receive a new license.

2. An individual initially granted licensure under an examination exemption, known as grandfathering, pursuant to 18VAC41-60-20 A 6 shall must submit a new application showing the individual met the requirements of the applicable examination waiver provision, demonstrate five years of licensed experience, 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 will 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.

Part V

Body-Piercing Apprenticeship Programs

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

A. Any person desiring to enroll in the body-piercing or ear-piercing apprenticeship program shall must 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 or ear-piercing, and first aid and CPR.

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

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

18VAC41-60-165. Ear-piercing apprenticeship curriculum requirements.

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

1. Microbiology:

a. Microorganisms, viruses, bacteria, and 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 or 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 ear-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 Safety Data Sheets (SDS);

d. Blood spill procedures;

e. Equipment and instrument storage; and

f. First aid and CPR.

5. Bloodborne pathogen standards:

a. OSHA and CDC bloodborne pathogen standards;

b. Control Plan for bloodborne pathogens;

c. Exposure Control Plan for Ear-Piercers;

d. Overview of compliance requirements; and

e. Disorders and when not to service a client.

6. Professional standards:

a. History of ear-piercing;

b. Ethics;

c. Recordkeeping:

(1) Client health history;

(2) Consent forms; and

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

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;

f. Supplies:

(1) Usages;

(2) Ordering; and

(3) Storage.

7. Ear-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. Ear-piercing procedures:

a. Ear lobe;

b. Helix - ear;

c. Concha - ear; and

d. Tragus - ear.

9. Virginia body-piercing laws and regulations.

18VAC41-60-175. Ear-piercing hours of instruction and performances.

A. Curriculum requirements specified in 18VAC41-60-165 must be taught over a minimum of 500 hours as follows:

1. 150 hours must be devoted to theory pertaining to subdivisions 1, 2, 4, 5, 6, and 9 of 18VAC41-60-165;

2. 50 hours must be devoted to theory pertaining to subdivision 3 of 18VAC41-60-165; and

3. The remaining 300 hours must be devoted to practical training and the following performances pertaining to subdivision 7 and 8 of 18VAC41-60-165:

Ear-Piercing Performances
Ear lobe	minimum of 15
Helix - ear	minimum of 10
Concha - ear	minimum of 10
Tragus - ear	minimum of 5
Total	40

B. An approved ear-piercing apprenticeship program may conduct an assessment of an apprentice's competence in the theory and practical requirements for ear-piercing and, based on the assessment, give a maximum of 225 hours of credit toward the requirements in subdivisions A 1 and A 3 of this section. No credit shall be allowed for the 50 hours required in subdivision A 2 of this section.

18VAC41-60-180. Display of license.

A. Each The responsible management for each body-piercing, ear-piercing, or ear-piercing earlobe only 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. Duplicate licenses shall be posted in a like manner in every salon location where the licensee provides services.

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

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

A. A body-piercing, ear-piercing, or ear-piercing earlobe only salon or body-piercing ear only salon must be in a permanent building, which must be in a location permissible under local zoning codes, if any. If applicable, the body-piercing salon or body-piercing ear, ear-piercing, or ear-piercing earlobe only salon shall must be separated from any living quarters by complete floor to ceiling partitioning and shall contain no access to living quarters.

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

C. A body-piercing, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location shall must have a blood spill clean-up kit in the work area.

D. Work surfaces in a body-piercing, ear-piercing, or ear-piercing earlobe only 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 be immediately disinfected with an EPA-registered germicide solution. Appropriate personal protective equipment shall be worn during cleaning and disinfecting procedures.

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

F. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon, 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, ear-piercing, or ear-piercing earlobe only salon, 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, ear-piercing, or ear-piercing earlobe only salon or body-piercing ear only salon temporary location, the walls, ceilings, and floors shall must be kept in good repair. The body-piercing or ear-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 or ear-piercing area. Existing physical facilities with dark-colored surfaces in the body-piercing or ear-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, ear-piercing, or ear-piercing earlobe only salon, 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, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location, adequate mechanical ventilation shall must be provided.

K. A body-piercing, ear-piercing, or ear-piercing earlobe only salon, 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, ear-piercing, or ear-piercing earlobe only area or body-piercing ear only area such that the body piercer or body piercer ear only body-piercer, ear-piercer, or ear-piercer earlobe 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 No animals are not permitted in the body-piercing, ear-piercing, or ear-piercing earlobe only salon, 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 or ear-piercing area or sterilization area. No animals are allowed in the body-piercing, ear-piercing, or ear-piercing earlobe only area, body-piercing ear only area, or sterilization area.

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

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

O. In a body-piercing, ear-piercing, or ear-piercing earlobe only salon, body-piercing ear only salon, or temporary location, if body-piercing, ear-piercing, or body-piercing ear ear-piercing earlobe only is performed where cosmetology services are provided, it shall those services 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, ear-piercer, and body piercer ear ear-piercer earlobe only responsibilities.

A. All body piercers and body piercers ear body-piercers, ear-piercers, and ear-piercers earlobe 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 offer of a full series of Hepatitis B vaccine.

B. All body piercers and body piercers ear body-piercers, ear-piercers, and ear-piercers earlobe 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 and body piercers ear body-piercers, ear-piercers, and ear-piercers earlobe 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 and body piercers ear body-piercers, ear-piercers, and ear-piercers earlobe 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 be removed and disposed of; and

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

F. Body piercers Body-piercers, ear-piercers, and body piercers ear ear-piercers earlobe only shall must use standard precautions while providing piercing services. A body piercer or body piercer ear only body-piercer, ear-piercer, or ear-piercer earlobe only 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 body piercer's body-piercer's, ear-piercer's, or ear-piercer's earlobe only condition no longer poses a threat to public health.

G. Body piercers Body-piercers, ear-piercers, and body piercers ear ear-piercers earlobe 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 must be cleaned with an approved germicidal soap or antiseptic product according to label directions.

I. The external skin of the client 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. If shaving is required, razors shall must be single-use and disposed of in a puncture-resistant container.

K. Each body piercer body-piercer, ear-piercer, or body piercer ear ear-piercer earlobe 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. 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. Used, nondisposable instruments shall be kept in a separate, puncture-resistant container until brush scrubbed in hot water soap and then sterilized by autoclaving. Contaminated instruments shall be handled with disposable gloves.

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

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

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

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

18VAC41-60-210. Body-piercing and ear-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 or ear-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 or ear-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 or ear pierced who appears to be under the influence of alcohol or drugs.

D. Body piercing shall Body-piercing or ear-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 or ear-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 or ear-piercing. Signatures of the client, the client's parent or guardian, if applicable, and the body piercer shall body-piercer or ear-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 or ear-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 or ear-piercing 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;

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 or ear-piercer;

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

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

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

7. A statement that the client 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 renew or reinstate any license, or deny any application 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, as those terms are generally understood in the profession, to (i) practice as a body piercer body-piercer, ear-piercer, or body piercer ear ear-piercer earlobe only, or (ii) operate a body piercing body-piercing, ear-piercing, or ear-piercing earlobe only salon;

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

3. Attempted Attempts to obtain, obtained or 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, ear-piercers, or body piercers ear ear-piercers earlobe 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, ear-piercing, or ear-piercing earlobe only 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.) of Title 54 of the Code of Virginia or this chapter;

8. Fails to produce, upon request or demand of the board or any of its agents, any document, book, record, or copy thereof in a licensee's 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;

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 disciplinary action in any other jurisdiction or of any license, certificate, or permit which has been the subject of disciplinary action in any other jurisdiction;

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 to practice as a body piercer body-piercer, ear-piercer, or body piercer ear ear-piercer earlobe 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, ear-piercing, or ear-piercing earlobe only, or the operation of body-piercing, ear-piercing, or ear-piercing earlobe only 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.

FORMS (18VAC41-60)

Body Piercer Examination and License Application, A450-1241EXLIC-v16 (rev. 9/2023)

Body-Piercing Apprenticeship Sponsor Application, A450-12BPSPON-v6 (rev. 9/2023)

Body-Piercer Examination and License Application, A450-1241EXLIC-v19 (rev. 12/2025)

Body-Piercing or Ear-Piercing Apprenticeship Sponsor Application, A450-12BPSPON-v7 (eff. 12/2025)

Body-Piercing Apprentice Certification Application, A450-BP_SOA-v3 (rev. 3/2015)

Body-Piercing Apprenticeship Completion Form, A450-12BPAC-v8 (rev. 1/2020)

Body-Piercing Client Disclosure Form, A450-12BPDIS-v2 (rev. 4/2013)

Body Piercer Ear Only License Application, A450-1245LIC-v12 (rev. 8/2025)

License by Endorsement Application, A450-1213END-v20 (rev. 8/2025)

Body Piercing, Tattoo, and Permanent Cosmetic Tattoo Experience Verification Form, A450-12BPTATT_EXP-v2 (rev. 7/2022)

Salon, Shop, Spa, and Parlor License and Reinstatement Application, A450-1213BUS-v19 (rev. 8/2025)

Ear-Piercer Earlobe Only License Application, A450-1245LIC-v12 (eff. 12/2025)

License by Endorsement Application, A450-1213END-v20 (rev. 12/2025)

Ear-Piercer, Body-Piercer, and Tattooer Experience Verification Form, A450-12BPTATT_EXP-v4 (rev. 12/2025)

Salon, Shop, Spa, and Parlor License Reinstatement Application A450-1213BUS-v19 (rev. 12/2025)

Licensure Fee Notice, A450-1213FEE-v13 (rev. 8/2025)

Individuals – Reinstatement Application, A450-1213REI-v16 (rev. 8/2025)

Tattoo-Body Piercing Universal Application, A450-1231-41ULR-v4 (rev. 8/2025)

Individuals - Reinstatement Application, A450-1213REI-v18 (rev. 12/2025)

Tattoo/Body-Piercer/Ear-Piercer Universal License Recognition Application, A450-1231-41ULR-v4 (rev. 12/2025)

Ear-Piercing Apprentice Certification Application, A450-EP_SOA-v1 (eff. 12/2025)

Ear Piercing Apprenticeship Completion Form, A450-12EPAC-v1 (eff. 12/2025)

Ear-Piercing Client Disclosure Form, A450-12EPDIS-v1 (eff. 12/2025)

Change of Responsible Management Application, A450-1213CRM-v7 (rev. 12/2025)

Guest Body-Piercer/Ear-Piercer License Application, A450-1241LIC-v1 (eff. 12/2025)

Event Body-Piercer/Ear-Piercer Salon License Application, A450-0000LIC-v1 (eff. 12/2025)