TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
Title of Regulation: 18VAC41-70. Esthetics
Regulations (amending 18VAC41-70-10 through 18VAC41-70-40,
18VAC41-70-60 through 18VAC41-70-110, 18VAC41-70-160, 18VAC41-70-180,
18VAC41-70-230, 18VAC41-70-240, 18VAC41-70-260, 18VAC41-70-270, 18VAC41-70-280;
adding 18VAC41-70-35; repealing 18VAC41-70-170, 18VAC41-70-220).
Statutory Authority: § 54.1-201 of the Code of Virginia.
Effective Date: February 1, 2017.
Agency Contact: Demetrios J. Melis, Executive Director,
Board for Barbers and Cosmetology, 9960 Mayland Drive, Suite 400, Richmond, VA
23233, telephone (804) 367-8590, FAX (804) 527-4295, or email
barbercosmo@dpor.virginia.gov.
Summary:
The amendments are the result
of a periodic review and include clarifying text to ensure consistency with
other board regulations and state and federal laws and compliance with current
industry standards. Changes include (i) adding new definitions; (ii) requiring
disclosure of felonies, certain misdemeanors, and disciplinary actions; (iii)
allowing individuals to obtain required training in esthetics apprenticeship
programs and to take licensure exams after successful completion of such a
program; (iv) requiring individuals to apply for licensure within five years of
taking their exams; (v) clarifying that no fee is charged for a temporary
license; (vi) requiring voided licenses to be returned to the board within 30
days and clarifying what circumstances may lead to a voided license; (vii)
allowing for board inspection of shops, salons, and schools during reasonable
hours; (viii) requiring schools to provide specific information to the board,
including curriculum changes, and within required time periods; (ix) providing
grounds for discipline for several prohibited actions; and (x) updating
sanitation requirements for salons, shops, and schools, including requiring
salons and shops to provide a client bathroom.
Summary of Public Comments and Agency's Response: A
summary of comments made by the public and the agency's response may be
obtained from the promulgating agency or viewed at the office of the Registrar
of Regulations.
Part I
General
18VAC41-70-10. 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.
"Business entity" means a sole proprietorship,
partnership, corporation, limited liability company, limited liability
partnership, or any other form of organization permitted by law.
"Credit hour" means a combination of the number of
hours in class each week and the number of hours per week in a laboratory by which
a school may measure its course work. One unit of credit equals one hour of
classroom study, two hours of laboratory experience or three hours of
internship or practicum or a combination of the three times the number of weeks
in the term. Emerging delivery methodologies may necessitate a unit of
undergraduate credit to be measured in nontime base methods. These courses
shall use the demonstration of competency, proficiency, or fulfillment
of learning outcomes to ensure these courses are equivalent to traditionally
delivered courses.
"Direct supervision" means that a Virginia licensed
esthetician or master esthetician shall be present in the esthetics spa
or esthetics school at all times when services are being performed by a
temporary license holder or student.
"Endorsement" means a method of obtaining a license
by a person who is currently licensed in another state or jurisdiction.
"Firm" means any business entity recognized
under the laws of the Commonwealth of Virginia.
"Licensee" means any individual, sole
proprietorship, partnership, association, corporation,
limited liability company, or corporation 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.
"Post-secondary educational level" means an
accredited college or university that is approved or accredited by the
[ Southern Association of Colleges and Schools ] Commission
on Colleges or by an accrediting agency that is recognized by the U.S.
Secretary of Education.
"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 his 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.
"Virginia state institution" for the purposes of
this chapter means any institution approved by the Virginia Department of
Education.
Part II
Entry
18VAC41-70-20. General requirements for an esthetician license
or master esthetician license.
A. In order to receive a license as an esthetician or
master esthetician, an applicant must Any individual wishing to engage
in esthetics or master esthetics shall obtain a license in compliance with §
54.1-703 of the Code of Virginia and meet the following qualifications:
1. The applicant shall be in good standing as a licensed
esthetician in every jurisdiction Virginia and all other
jurisdictions where licensed. The applicant shall disclose to the board at
the time of application for licensure any disciplinary action taken in another
jurisdiction Virginia and all other jurisdictions in connection with
the applicant's practice as an esthetician. This includes [ but
is not limited to ] 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 whether he has been previously
licensed in Virginia as an esthetician or master esthetician.
Upon review of an applicant's prior disciplinary action,
the board, in its discretion, may deny licensure to any applicant wherein it
deems the applicant is unfit or unsuited to engage in esthetics or master
esthetics. The board will decide each case by taking into account the totality
of the circumstances. Any plea of nolo contendere or comparable plea shall be
considered a disciplinary action for the purposes of this section. The
applicant shall provide a certified copy of a final order, decree, or case
decision by a court, regulatory agency, or board with the lawful authority to
issue such order, decree, or case decision, and such copy shall be admissible
as prima facie evidence of such disciplinary action.
2. The applicant shall disclose his 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
esthetics license laws and the board's esthetics regulations this
chapter.
4. In accordance with § 54.1-204 of the Code of Virginia, each
applicant shall disclose a conviction, in any jurisdiction, of any
misdemeanor or felony. Any plea of nolo contendere shall be considered a
conviction for this purpose of this section. 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 guilt. The board, at its discretion, may deny licensure or
certification to any applicant in accordance with § 54.1-204 of the Code of
Virginia the following information regarding criminal convictions in
Virginia and all other jurisdictions:
a. All misdemeanor convictions involving moral turpitude,
sexual offense, drug distribution, or physical injury within [ three
two ] years of the date of the application; and
b. All felony convictions [ during the
applicant's lifetime 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 provide evidence satisfactory to the
board that the applicant has passed the board-approved examination requirement
administered either by the board or by independent examiners.
B. Eligibility to sit for board-approved examination.
1. Training in the Commonwealth of Virginia. Any person
completing an approved esthetics training program or a master esthetics
training program in a Virginia licensed esthetics school shall be eligible for
the applicable examination.
2. Training outside of the Commonwealth of Virginia. Any
person completing esthetics training that is substantially equivalent to the
Virginia program but is outside of the Commonwealth of Virginia must submit to
the board documentation of the successful completion of training to be eligible
for examination. If less than the required hours of esthetics training was
completed, an applicant must submit a certificate, diploma, or other
documentation acceptable to the board verifying the completion of a substantially
equivalent esthetics course and documentation of six months of work experience
as an esthetician in order to be eligible for the esthetician examination.
18VAC41-70-30. License by endorsement.
Upon proper application to the board, any person currently
licensed to practice as an esthetician or master esthetician in any
other state or jurisdiction of the United States and who has completed both a
training program and a written examination and a practical examination requirement
that is are substantially equivalent to that those
required by this chapter may be issued an esthetician or master esthetician
license without an examination. The applicant must also meet the requirements
set forth in 18VAC41-70-20 A.
18VAC41-70-35. Apprenticeship training.
A. Licensed estheticians and master estheticians who train
apprentices shall comply with the standards for apprenticeship training
established by the Division of Registered Apprenticeship of the Virginia
Department of Labor and Industry and the Virginia Board for Barbers and
Cosmetology. Owners of esthetics spas who train apprentices shall comply with
the standards for apprenticeship training established by the Division of
Registered Apprenticeship of the Virginia Department of Labor and Industry.
B. Any person completing the Virginia apprenticeship
program in esthetics or master esthetics shall be eligible for examination.
18VAC41-70-40. Examination requirements and fees.
A. Applicants for initial licensure shall meet the pass
both a written examination and a practical examination requirement
approved by the board. The examinations may be administered by the board or by
a designated testing service. The board maintains discretion in determining
the license requirements.
B. Any applicant who passes one part of the examination
shall not be required to take that part again provided both parts are passed
within one year of the initial examination date.
B. C. Any candidate failing to appear as
scheduled for examination shall forfeit the examination fee.
C. 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.
E. Any candidate failing to apply for initial licensure
within five years of passing both a written examination and a practical
examination shall be required to retake both portions. Records of examinations
shall be maintained for a maximum of five years.
18VAC41-70-60. Examination administration.
A. The examination shall be administered by the board or the
designated testing service. The practical examination shall be supervised by
a chief examiner.
B. Every esthetics or master esthetics examiner shall hold
a current Virginia license in his respective profession, have three or more
years of active experience as a licensed professional, and be currently
practicing in that profession. Examiners shall attend training workshops
sponsored by the board or by a testing service acting on behalf of the board.
C. No certified esthetics or master esthetics instructor
who (i) is currently teaching, (ii) is a school owner, or (iii) is an
apprentice sponsor shall be an examiner.
D. Each esthetics or master esthetics chief examiner shall
(i) hold a current Virginia license in his respective profession, (ii) have
five or more years of active experience in that profession, (iii) have three
years of active experience as an examiner, and (iv) be currently practicing in
his respective profession. Chief examiners shall attend training workshops
sponsored by the board or by a testing service acting on behalf of the board.
B. E. The applicant shall 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.
18VAC41-70-70. Esthetician temporary license.
A. A temporary license to work under the direct supervision
of a currently licensed esthetician or master esthetician may be issued only to
applicants for initial licensure that the board finds eligible for the
applicable examination. There shall be no fee for a temporary license.
B. The temporary license shall remain in force for 45 days
following the examination date. The examination date shall be the first test
date after the applicant has successfully submitted an application to the
board.
C. Any person continuing to practice esthetics 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 applicant for examination shall be issued more than one
temporary license.
E. Temporary permits shall not be issued where grounds may
exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or
18VAC41-70-20.
18VAC41-70-80. Spa General requirements for a spa
license.
A. Any individual firm wishing to operate an
esthetics spa shall obtain a spa 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 spa 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
esthetics spa or practice of the profession. This includes [ but
is not limited to ] 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 responsible management ] has been previously licensed
in Virginia as an esthetics spa.
Upon review of the applicant's [ and all
members of the responsible management's ] prior disciplinary
action, the board, in its discretion, may deny licensure to any applicant
wherein it deems the applicant is unfit or unsuited to engage in the operation
of an esthetics spa. The board will decide each case by taking into account the
totality of the circumstances. Any plea of nolo contendere or comparable plea
shall be considered a disciplinary action for the purposes of this section. The
applicant shall provide a certified copy of a final order, decree, or case
decision by a court, regulatory agency, or board with the lawful authority to
issue such order, decree, or case decision, and such copy shall be admissible
as prima facie evidence of such disciplinary action.
2. The applicant shall disclose his 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
esthetics 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, drug distribution, or physical injury ]
within [ three two ] years of the date
of the application; and
b. All felony convictions [ during the
applicant's lifetime 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. An esthetics spa license Shop or salon licenses
are issued to firms as defined in this chapter and shall not be
transferable and shall bear the same name and address of the business. Any
changes in the name, or address, or ownership of the spa
shall be reported to the board in writing within 30 days of such changes. New
owners shall be responsible for reporting such changes in writing to the board
within 30 days of the changes. The board shall not be responsible for
the licensee's, certificate holder's, or permit holder's failure to receive
notices, communications, and correspondence caused by the licensee's,
certificate holder's, or permit holder's failure to promptly notify the board
in writing of any change of name or address or for any other reason beyond the
control of the board.
C. In the event of a closing of an esthetics spa, the
owner must notify the board in writing within 30 days of the closing, and
return the license to the board. 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 [ but
are not limited to ]:
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, or 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. The board or any of its agents shall be allowed to
inspect during reasonable hours any licensed shop or salon for compliance with
provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of
Virginia or this chapter. For purposes of a board inspection, "reasonable
hours" means the hours between 9 a.m. and 5 p.m.; however, if the licensee
generally is not open to the public substantially during the same hours,
"reasonable hours" shall mean the business hours when the licensee is
open to the public.
18VAC41-70-90. School General requirements for a
school license.
A. Any individual firm wishing to operate an
esthetics school shall submit an application to the board at least 60 days
prior to the date for which approval is sought, obtain a school license in
compliance with § 54.1-704.2 of the Code of Virginia. All instruction and
training of estheticians shall be conducted under the direct supervision of a
certified esthetics instructor. All instruction and training of master
estheticians shall be conducted under the direct supervision of a certified
master esthetics instructor., and 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 school 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
esthetics school or practice of the profession. This includes [ but
is not limited to ] 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 an esthetics school.
Upon review of the applicant's [ and all
members of the responsible management's ] prior disciplinary
action, the board, in its discretion, may deny licensure to any applicant
wherein it deems the applicant is unfit or unsuited to engage in the operation
of an esthetics school. The board will decide each case by taking into account
the totality of the circumstances. Any plea of nolo contendere or comparable
plea shall be considered a disciplinary action for the purposes of this
section. The applicant shall provide a certified copy of a final order, decree,
or case decision by a court, regulatory agency, or board with the lawful
authority to issue such order, decree, or case decision, and such copy shall be
admissible as prima facie evidence of such disciplinary action.
2. The applicant shall disclose his 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
esthetics 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, drug distribution, or physical injury ]
within [ three two ] years of the date
of the application; and
b. All felony convictions [ during the
applicant's lifetime 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. An esthetics Esthetics school license
licenses are issued to firms as defined in this chapter and shall not be
transferable and shall bear the same name and address as the school. Any
changes in the name or the address of record or principal place of
business of the school shall be reported to the board in writing within 30
days of such change. The board shall not be responsible for the licensee's,
certificate holder's, or permit holder's failure to receive notices,
communications, and correspondence caused by the licensee's, certificate
holder's, or permit holder's failure to promptly notify the board in writing of
any change of name or address or for any other reason beyond the control of the
board. The name of the school must indicate that it is an educational
institution. All signs or other advertisements must reflect the name as
indicated on the license issued by the board and contain language indicating it
is an educational institution.
C. In the event of a change of ownership of a school, the
new owners shall be responsible for reporting such changes in writing to the
board within 30 days of the changes and obtain a new license.
D. In the event of a school closing, the owner must notify
the board in writing within 30 days of the closing, and return the license to
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 firm shall apply for a new license within 30 days of the
change in business entity. Such changes include [ but are not
limited to ]:
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. Barber schools, cosmetology schools, nail schools, or
waxing schools under the Virginia Department of Education shall be exempted
from licensure requirements.
F. The board or any of its agents shall be allowed to
inspect during reasonable hours any licensed school for compliance with
provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of
Virginia or this chapter. For purposes of a board inspection, "reasonable
hours" means the hours between 9 a.m. and 5 p.m.; however, if
the licensee generally is not open to the public substantially during the same
hours, "reasonable hours" shall mean the business hours when the
licensee is open to the public.
18VAC41-70-100. General requirements for an esthetics
instructor certificate.
A. Upon filing an application with the Board for Barbers
and Cosmetology, any person meeting the qualifications set forth in this
section shall be eligible for an esthetics instructor certificate if the person
Any individual wishing to engage in esthetics instruction shall meet the
following qualifications:
1. Holds a current Virginian esthetician license; and The
applicant shall be in good standing as a licensed esthetician in Virginia and
all other jurisdictions where licensed. The applicant shall disclose to the
board at the time of application for licensure any disciplinary action taken in
Virginia and all other jurisdictions in connection with the applicant's
practice as an esthetician. This includes [ but is not limited
to ] 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 whether he has been previously licensed in
Virginia as an esthetician or master esthetician.
Upon review of the applicant's prior disciplinary action,
the board, in its discretion, may deny licensure to any applicant wherein it
deems the applicant is unfit or unsuited to engage in esthetics. The board will
decide each case by taking into account the totality of the circumstances. Any
plea of nolo contendere or comparable plea shall be considered a disciplinary
action for the purposes of this section. The applicant shall provide a
certified copy of a final order, decree, or case decision by a court,
regulatory agency, or board with the lawful authority to issue such order,
decree, or case decision, and such copy shall be admissible as prima facie
evidence of such disciplinary action.
2. The applicant shall hold a current Virginia esthetics
license;
Completes 3. The applicant shall complete one of
the following qualifications:
a. Passes Pass a course in teaching techniques
at the postsecondary educational level; or
b. Completes Complete an instructor training
course approved by the Virginia Board for Barbers and Cosmetology under the
supervision of a certified esthetics instructor or master esthetics instructor
in an esthetics school and passes pass an examination in
esthetics instruction administered by the board or by a testing service acting
on behalf of the board.; and
3. Persons who (i) make application for licensure between
September 20, 2007, and September 19, 2008, and (ii) have completed one year of
documented work experience as an esthetics instructor are not required to
complete subdivision 2 of this subsection.
4. In accordance with § 54.1-204 of the Code of Virginia,
each applicant shall disclose the following information regarding criminal
convictions in Virginia and all other jurisdictions:
a. All misdemeanor convictions [ involving
moral turpitude, sexual offense, drug distribution, or physical injury ]
within [ three two ] years of the date
of the application; and
b. All felony convictions [ during the
applicant's lifetime within 20 years of the date of application ].
Any plea of nolo contendere shall be considered a
conviction for purposes of this subsection. The record of a conviction received
from a court shall be accepted as prima facie evidence of a conviction or
finding of guilt. The board, in its discretion, may deny licensure to any
applicant in accordance with § 54.1-204 of the Code of Virginia.
B. Esthetics instructors Instructors shall be
required to maintain a Virginia esthetician license.
18VAC41-70-110. General requirements for a master esthetics
instructor certificate.
A. Upon filing an application with the Board for Barbers
and Cosmetology, any person meeting the qualifications set forth in this
section shall be eligible for a master esthetics instructor certificate if the
person Any individual wishing to engage in master esthetics instruction
shall meet the following qualifications:
1. The applicant shall be in good standing as a licensed
master esthetician in Virginia and all other jurisdictions where licensed. The
applicant shall disclose to the board at the time of application for licensure
any disciplinary action taken in Virginia and all other jurisdictions in
connection with the applicant's practice as [ an a ]
master esthetician. This includes [ but is not limited to ]
monetary penalties, fines, suspensions, revocations, surrender of a license
in connection with a disciplinary action, or voluntary termination of a
license. The applicant shall disclose to the board at the time of application
for licensure if the applicant has been previously licensed in Virginia as an esthetician
or master esthetician.
Upon review of the applicant's prior disciplinary action,
the board, in its discretion, may deny licensure to any applicant wherein it
deems the applicant is unfit or unsuited to engage in esthetics or master
esthetics. The board will decide each case by taking into account the totality
of the circumstances. Any plea of nolo contendere or comparable plea shall be
considered a disciplinary action for the purposes of this section. The
applicant shall provide a certified copy of a final order, decree, or case
decision by a court, regulatory agency, or board with the lawful authority to
issue such order, decree, or case decision, and such copy shall be admissible
as prima facie evidence of such disciplinary action.
1. Holds 2. The applicant shall hold a current
Virginia master esthetician license; and
2. Completes 3. The applicant shall complete one
of the following qualifications:
a. Passes Pass a course in teaching techniques
at the postsecondary educational level; or
b. Completes Complete an instructor training
course approved by the Virginia Board for Barbers and Cosmetology under the
supervision of a certified esthetics instructor or master esthetics instructor
in an esthetics school and passes pass an examination in esthetics
instruction administered by the board or by a testing service acting on behalf
of the board. 3. Persons who (i) make application for licensure between
September 20, 2007, and September 19, 2008, and (ii) have completed one year of
documented work experience as a master esthetics instructor are not required to
complete subdivision 2 of this subsection.; and
4. In accordance with § 54.1-204 of the Code of Virginia,
each applicant shall disclose the following information regarding criminal
convictions in Virginia and all other jurisdictions:
a. All misdemeanor convictions involving moral turpitude,
sexual offense, drug distribution, or physical injury within [ three
two ] years of the date of the application; and
b. All felony convictions [ during the
applicant's lifetime within 20 years of the date of application ].
Any plea of nolo contendere shall be considered a
conviction for purposes of this subsection. The record of a conviction received
from a court shall be accepted as prima facie evidence of a conviction or
finding of guilt. The board, in its discretion, may deny licensure to any
applicant in accordance with § 54.1-204 of the Code of Virginia.
B. Master esthetics instructors Instructors
shall be required to maintain a Virginia master esthetician license.
18VAC41-70-160. Failure to renew.
A. When a licensed individual or entity licensee
fails to renew its license within 30 days following its expiration date, the
licensee shall apply for reinstatement of the license by submitting to the
Department of Professional and Occupational Regulation a reinstatement
application and renewal fee and reinstatement fee.
B. When an esthetician or master esthetician a
licensee fails to renew his its license within two years
following the expiration date, reinstatement is no longer possible. To resume
practice, the former licensee shall apply for licensure as a new applicant and
shall meet all current application entry requirements and
shall pass the board's current examination for each respective license.
Individuals applying for licensure under this section shall be eligible to
apply for a temporary license from the board under 18VAC41-70-70.
C. When an esthetics spa fails to renew its license within
two years following the expiration date, reinstatement is no longer possible.
To resume practice, the former licensee shall apply for licensure as a new
applicant and shall meet all current application requirements.
D. C. The application for reinstatement for an
esthetics a school shall provide (i) the reasons for failing
to renew prior to the expiration date and (ii) a notarized statement
that all students currently enrolled or seeking to enroll at the school have
been notified in writing that the school's license has expired. All of these
materials shall be called the application package. Reinstatement will be
considered by the board if the school consents to and satisfactorily passes an
inspection of the school by the Department of Professional and Occupational
Regulation and if the school's records are maintained in accordance with
18VAC41-70-230 and 18VAC41-70-240. Upon receipt of the reinstatement fee,
application package, and inspection results, the board may reinstate the
school's license or require requalification or both. If the reinstatement
application package and reinstatement fee are not received by the board within
six months following the expiration date of the school's license, the board
will notify the testing service that prospective graduates of the unlicensed
school are not acceptable candidates for the examination. Such notification
will be sent to the school and must be displayed in a conspicuous manner by the
school in an area that is accessible to the public. No student shall be disqualified
from taking the examination because the school was not licensed for a portion
of the time the student attended if the school license is reinstated by the
board.
When an esthetics school fails to renew its license within
two years following the expiration date, reinstatement is no longer possible.
To resume practice the former licensee shall apply for licensure as a new
applicant and shall meet all current application requirements.
E. D. The date a renewal fee is received by the
Department of Professional and Occupational Regulation or its agent will be
used to determine whether the requirement for reinstatement of a license is
applicable and an additional fee is required.
F. E. When a license is reinstated, the
licensee shall have the same license number and shall be assigned an expiration
date two years from the previous expiration date of the license.
G. F. A licensee who that
reinstates his its license shall be regarded as having been
continuously licensed without interruption. Therefore, a licensee shall be
subject to the authority of the board for activities performed prior to
reinstatement.
H. G. A licensee who that fails
to reinstate his its license shall be regarded as unlicensed from
the expiration date of the license forward. Nothing in this chapter shall
divest 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 or
business entity was licensed.
Part V
Esthetics Schools
18VAC41-70-170. Applicants for school license. (Repealed.)
Any person, firm, or corporation desiring to operate an
esthetics school shall submit an application to the board at least 60 days
prior to the date for which approval is sought.
[ 18VAC41-70-180. General requirements.
An esthetics school shall:
1. Hold a school license for each and every location.
2. Hold a spa license if the school receives compensation for
services provided in its clinic.
3. For esthetics courses, employ a staff of licensed and
certified esthetics instructors or licensed and certified master esthetics
instructors.
4. For master esthetics courses, employ a staff of licensed
and certified master esthetics instructors.
5. Develop individuals for entry-level competency in
esthetics.
6. Submit its curricula for board approval. Esthetician
curricula shall be based on a minimum of 600 clock or equivalent credit hours
and shall include performances in accordance with 18VAC41-70-190. Master
esthetician curricula shall be based on a minimum of 600 clock or equivalent credit
hours and shall include performances in accordance with 18VAC41-70-190 C. All
changes to curricula must be resubmitted and approved by the board.
7. Inform the public that all services are performed by
students if the school receives compensation for services provided in its
clinic by posting a notice in the reception area of the spa in plain view of
the public.
8. Conduct classroom instruction in an area separate from the
clinic area where practical instruction is conducted and services are provided.
9. Complete practical instruction in the school's clinic
area. ]
18VAC41-70-220. School identification. (Repealed.)
Each esthetics school approved by the board shall identify
itself to the public as a teaching institution.
18VAC41-70-230. Records.
A. Schools are required to keep all records of hours in
accordance with 18VAC41-70-190, including transcripts, course descriptions and
competency examinations used to award such credit for a period of five years
after the student terminates or completes the curriculum of the school. shall
maintain on the premises of each school and available for inspection by the
board or any of its agents the following records for the period of a student's
enrollment through five years after the student's completion of the curriculum,
termination, or withdrawal:
1. Enrollment application containing the student's
signature and a [ 2x2 two-inch by two-inch ]
color head and shoulders photograph of the student,
2. Daily record of attendance containing the student's
signature,
3. Student clock hours containing the student's signature
and method of calculation,
4. Practical performance completion sheets containing the
student's signature,
5. Final transcript,
6. Competency examinations used to award credit,
7. Course descriptions, and
8. All other relevant documents that account for a
student's accrued clock hours and practical applications [ . ]
B. Schools are required to keep upon graduation,
termination or withdrawal written records of hours and performances showing
what instruction a student has received for a period of five years after the
student terminates or completes the curriculum of the school. These records
shall be available for inspection by the department. All records must be kept
on the premises of each school.
C. For a period of five years after a student completes
the curriculum, terminates or withdraws from the school, schools are required
to provide documentation of hours and performances completed by a student upon
receipt of a written request from the student.
B. Schools shall produce to the board or any of its
agents, within 10 days of the request, any document, book, or record concerning
any student, or for which the licensee is required to maintain records, for
inspection and copying by the board or its agents. The board may extend such
[ time frame timeframe ] upon a showing of
extenuating circumstances prohibiting delivery within such 10-day period.
C. Schools shall, within 21 days upon receipt of a written
request from a student, provide documentation of hours and performances
completed by the student as required to be maintained by subsection A of this
section.
D. Prior to a school changing ownership or a school closing,
the schools are school is required to provide to current students
documentation of hours and performances completed.
E. For a period of one year after a school changes ownership,
schools are required to the school shall provide, within 21
days upon receipt of a written request from a student, documentation of
hours and performances completed by a current student upon receipt of a
written request from the student.
18VAC41-70-240. Hours reported Reporting.
A. Schools shall provide, in a manner, format, and
frequency prescribed by the board, a roster of all current students and a
roster of students who attended in the preceding six months prior to the
reporting deadline.
B. Within 30 days of the closing of a licensed
esthetics school for any reason ceasing to operate, whether through
dissolution or alteration of the business entity, the school shall provide
a written report to the board on performances and hours of each of its students
who have has not completed the program.
18VAC41-70-260. Display of license.
A. Each licensed spa or school shall ensure that all current
licenses and temporary licenses issued by the board shall be displayed in
plain view of the public either in the reception area or at
individual work stations of the spa or school in plain view of the
public. Duplicate licenses or temporary licenses shall be posted in a like
manner in every spa or school location where the regulant licensee or
temporary license holder provides services.
B. All licensees and temporary license holders shall operate
under the name in which the license or temporary license is issued.
C. All apprenticeship cards issued by the Department of
Labor and Industry (DOLI) shall be displayed in plain view of the public either
in the reception area or at individual work stations of the shop or salon. The
apprentice sponsor shall require each apprentice to wear a badge clearly
indicating his status as a DOLI registered apprentice.
18VAC41-70-270. Sanitation and safety standards for spas and
schools.
A. Sanitation and safety standards.
1. Any spa or school where esthetics services are delivered to
the public must be clean and sanitary at all times.
2. Compliance with these rules does not confer compliance with
other requirements set forth by federal, state, and local laws, codes,
ordinances, and regulations as they apply to business operation, physical
construction and maintenance, safety, and public health.
3. Licensees shall take sufficient measures to prevent the
transmission of communicable and infectious diseases and comply with the
sanitation standards identified in this section and shall ensure that all
employees likewise comply.
B. Disinfection and storage of implements.
1. A wet disinfection unit is a container large enough to
hold a disinfectant solution in which the objects to be disinfected are
completely immersed. A wet disinfection unit must have a cover to prevent
contamination of the solution. The solution must be a hospital grade and
tuberculocidal disinfectant solution registered with the U.S. Environmental
Protection Agency (EPA). Disinfectant solutions shall be used according to
manufacturer's directions.
2. Disinfection of multiuse items constructed of hard,
nonporous materials such as metal, glass, or plastic, which the manufacturer
designed for use on more than one client, is to be carried out in the following
manner prior to servicing a client:
a. Remove all foreign matter from the object, utilizing a
brush if needed. Drill bits are to be soaked in acetone and scrubbed with a
wire brush to remove all foreign matter;
b. Wash thoroughly with hot water and soap;
c. Rinse thoroughly with clean water and dry thoroughly
with a clean paper towel;
d. Fully immerse implements into solution for a minimum of
10 minutes; and
e. After immersion, rinse articles, thoroughly dry with a
clean paper towel, and store in a clean predisinfected and dry cabinet, drawer,
or nonairtight covered container, or leave instruments in an EPA-registered
disinfection storage solution used according to manufacturer's directions.
3. Single-use items designed by the manufacturer for use on
no more than one client should be discarded immediately after use on each
individual client, including [ but not limited to ]
powder puffs, lip color, cheek color, sponges, styptic pencils, or nail care
implements. The disinfection and reuse of these items is not permitted and the
use of single-use items on more than one client is prohibited.
4. For the purpose of recharging, rechargeable tools or
implements may be stored in an area other than in a closed cabinet or
container. This area shall be clean.
5. All materials including cosmetic and nail brushes,
sponges, chamois, spatulas, and galvanic electrodes must be cleaned with warm
water and soap or detergent to remove all foreign matter. Implements should
then be rinsed, thoroughly dried with a clean paper towel, and completely
immersed in an EPA-registered hospital grade and tuberculocidal disinfectant
solution. Such implements shall be soaked for 10 minutes or more, removed,
rinsed, dried thoroughly, and stored in a predisinfected and dry drawer,
cabinet or nonairtight covered container, or left in an EPA-registered
disinfection storage solution used according to manufacturer's directions.
6. All wax pots shall be cleaned and disinfected with an
EPA-registered hospital grade and tuberculocidal disinfectant solution with no
sticks left standing in the wax at any time. The area immediately surrounding
the wax pot shall be clean and free of clutter, waste materials, spills, and
any other items that may pose a hazard.
7. Each esthetician must have a wet disinfection unit at
his station.
8. Nail brushes; nippers; finger bowls; disinfectable or
washable buffers; disinfectable or washable files, which must also be scrubbed
with a brush to remove all foreign matter [ ,; ]
and other instruments must be washed in soap and water, rinsed, thoroughly
dried with a clean paper towel, and then completely immersed in an
EPA-registered hospital grade and tuberculocidal disinfectant solution for 10
minutes after each use. After disinfection they must be rinsed, dried thoroughly
with a clean paper towel, and placed in a dry, predisinfected, nonairtight
covered receptacle, cabinet, or drawer, or left in an EPA-registered
disinfectant storage system used according to manufacturer's directions.
9. Sinks, bowls, tubs, whirlpool units, air-jetted basins,
pipe-less units, and non-whirlpool basins used in the performance of nail care
shall be maintained in accordance with manufacturer's recommendations. They
shall be cleaned and disinfected immediately after each client in the following
manner:
a. Drain all water and remove all debris;
b. Clean the surfaces and walls with soap or detergent to
remove all visible debris, oils, and product residues and then rinse with
water;
c. Disinfect by spraying or wiping the surface with an
[ appropriate EPA-registered hospital grade and
tuberculocidal disinfectant solution ]; and
d. Wipe dry with a clean towel.
C. General sanitation and safety requirements.
1. All furniture, walls, floors, and windows Service
chairs, workstations and workstands, and back bars shall be clean and in
good repair;
2. The floor surface in the immediate all work area
areas must be of a washable surface other than carpet. The floor must be
kept clean, and free of debris, nail clippings, dropped
articles, spills, and clutter, trash, electrical cords, other
waste materials, and other items that may pose a hazard;
3. Walls All furniture, fixtures, walls, floors,
windows, and ceilings in the immediate work area must shall
be in good repair, and free of water seepage and dirt. All
mats shall be secured or shall [ lay lie ] flat;
4. A fully functional bathroom with a working toilet and sink
[ must be available for clients shall be maintained exclusively for
client use ]. There must be hot and cold running water. Fixtures
must be in good condition. The bathroom must be lighted and sufficiently
ventilated. There must be antibacterial soap and clean individual single-use
towels or hand air-drying device for the client's use. [ For
facilities newly occupied after January 1, 2017, the bathroom shall be
maintained exclusively for client use ];
5. General areas for client use must be neat and clean with
a waste receptacle for common trash;
6. Electrical cords shall be placed to prevent entanglement by
the client or licensee; 7. Electrical and electrical outlets
shall be covered by plates;
7. All sharp tools, implements, and heat-producing
appliances shall be in safe working order at all times, safely stored, and
placed so as to prevent any accidental injury to the client or licensee;
8. The spa area shall be sufficiently ventilated to exhaust
hazardous or objectionable airborne chemicals, and to allow the free
flow of air; and
9. Adequate lighting shall be provided.
C. Equipment sanitation.
1. Service chairs, wash basins, sinks, showers, tubs,
tables, and workstations shall be clean. Floors shall be kept free of waste
materials. Instruments shall be cleaned and disinfected after every use and
stored free from contamination;
2. The top of workstands shall be kept clean;
3. The work area shall be free of clutter, trash, and any
other items that may cause a hazard;
4. Equipment shall be placed so as to prevent any
accidental injury to the client or licensee; and
5. Electrical appliances and equipment shall be in safe
working order at all times.
D. Articles, tools, and products.
1. Any multiuse article, tool, or product that cannot
be cleansed or disinfected is prohibited from use;
2. Soiled implements must be removed from the tops of work
stations immediately after use;
3. Clean spatulas, other clean tools, or clean disposable
gloves shall be used to remove bulk substances from containers;
4. Lotions, ointments, creams, and powders shall be
[ labeled and ] kept in closed containers. A clean
spatula shall be used to remove creams or other products from jars. Sterile
cotton or sponges shall be used to apply creams, lotions, and powders.
Cosmetic containers shall be recovered covered after each use;
5. All appliances shall be safely stored;
6. Presanitized tools and implements, linens, and equipment
shall be stored for use in a sanitary enclosed cabinet or covered receptacle;
7. Soiled Clean towels, robes, or other
linens and implements shall be deposited in a container made of
cleanable materials and separate from those that are clean used for each
patron. Clean towels, robes, or other linens shall be stored in a clean
predisinfected and dry cabinet, drawer, or nonairtight covered container.
Soiled towels, robes, or other linens shall be stored in a container enclosed
on all sides including the top, except if stored in a separate laundry room;
8. No substance other than a sterile styptic powder or sterile
liquid astringent approved for homeostasis and applied with a sterile
single-use applicator shall be used to check bleeding; and
9. Any disposable material making contact with blood or other
body fluid shall be disposed of in a sealed plastic bag and removed from the
spa or school in accordance with the guidelines of the Virginia Department of
Health and OSHA (Occupational Safety and Health Administration).
E. Chemical storage and emergency information.
1. Spas and schools shall have in the immediate working area a
binder with all [ Material ] Safety Data Sheets [ (MSDS)
(SDS) ] provided by manufacturers for any chemical products used;
2. Spas and schools shall have a blood spill clean-up kit in
the work area that contains at a minimum latex gloves, two [ 12x12
12-inch by 12-inch ] towels, one disposable trash bag, bleach, one
empty spray bottle, and one mask with face shield or any OSHA-approved blood
spill clean-up kit;
3. Flammable chemicals shall be [ labeled and ]
stored in a nonflammable storage cabinet or a properly ventilated room; and
4. Chemicals that could interact in a hazardous manner [ (oxidizers
( ] e.g., [ oxidizers ], catalysts,
and solvents) shall be [ labeled and ] separated in storage.
F. Client health guidelines.
1. All employees providing client services shall cleanse their
hands with an antibacterial product prior to providing services to each client;
2. All employees providing client services shall wear gloves
while providing services when exposure to bloodborne pathogens is possible;
3. No spa or school providing esthetics services shall have on
the premises esthetics products containing hazardous substances that have been
banned by the U.S. Food and Drug Administration (FDA) for use in esthetics
products;
4. No product shall be used in a manner that is disapproved by
the U.S. Food and Drug Administration (FDA) FDA; and
5. Esthetics spas must be in compliance with current building
and zoning codes.
G. In addition to any the requirements set
forth in this section, all licensees and temporary license holders shall adhere
to regulations and guidelines established by the Virginia Department of Health
and the Occupational and Safety Division of the Virginia Department of Labor
and Industry.
H. All spas and schools shall immediately report the results
of any inspection of the spa or school by the Virginia Department of Health as
required by § 54.1-705 of the Code of Virginia.
I. All spas and schools shall conduct a self-inspection on an
annual basis and maintain a self-inspection form on file for five years so that
it may be requested and reviewed by the board at its discretion.
18VAC41-70-280. Grounds for license revocation, probation, or
suspension; denial of application, renewal or reinstatement; or imposition of a
monetary penalty.
A. The board may, in considering the totality of the
circumstances, fine any licensee, certificate holder, or temporary license
holder, and suspend, place on probation, or revoke or refuse to renew or
reinstate any license, certificate, or temporary 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 the regulations of the board this
chapter if the board finds that the licensee, certificate holder, permit
holder, or applicant:
1. The licensee, certificate holder, temporary license
holder or applicant is Is incompetent, or negligent in
practice, or incapable mentally or physically, as those terms are generally
understood in the profession, to practice as an esthetician;
2. The licensee, certificate holder, or temporary license
holder fails to teach in accordance with the board-approved curriculum or fails
to comply with 18VAC41-70-190 D when making an assessment of credit hours
awarded.
3. The licensee, certificate holder, temporary license
holder, or applicant is 2. Is convicted of fraud or deceit in the
practice or teaching of esthetics, fails to teach in accordance with the
board-approved curriculum, or fails to comply with 18VAC41-70-190 D when making
an assessment of credit hours awarded;
4. The licensee, certificate holder, temporary license
holder, or applicant attempted 3. Attempts to obtain, obtained,
renewed, or reinstated a license certificate or temporary license by
false or fraudulent representation;
5. The licensee, certificate holder, temporary license
holder, or applicant violates 4. Violates or induces others to
violate, or cooperates with others in violating, any of the provisions of this
chapter or Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia
or any local ordinance or regulation governing standards of health and
sanitation of the establishment in which any esthetician may practice or offer
to practice;
5. Offers, gives, or promises anything of value or benefit
to any federal, state, or local employee for the purpose of influencing that
employee to circumvent, in the performance of his duties, any federal, state,
or local law, regulation, or ordinance governing esthetics or master esthetics;
6. Fails to respond to the board or any of its agents or
provides false, misleading, or incomplete information to an inquiry by the
board or any of its agents;
7. Fails or refuses to allow the board or any of its agents
to inspect during reasonable hours any licensed shop, salon, or school for
compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of
the Code of Virginia or this chapter;
6. The licensee, certificate holder, temporary license
holder, or applicant fails 8. Fails to produce, upon request or
demand of the board or any of its agents, any document, book, record, or copy
thereof in a licensee's, certificate holder's, temporary license holder's,
applicant's, or owner's possession or maintained in accordance with this
chapter;
7. A licensee, certificate holder, or temporary license
holder fails 9. Fails to notify the board of a change of name or
address in writing within 30 days of the change for each and every license,
certificate, or temporary license. The board shall not be responsible for
the licensee's, certificate holder's, or temporary license holder's failure to
receive notices, communications and correspondence caused by the licensee's,
certificate holder's, or temporary license holder's failure to promptly notify
the board in writing of any change of name or address or for any other reason
beyond the control of the board;
8. The licensee, certificate holder, temporary license
holder, or applicant publishes 10. Makes any misrepresentation or
publishes or causes to be published any advertisement that is false,
deceptive, or misleading;
9.The licensee, certificate holder, temporary license
holder, or applicant fails 11. Fails to notify the board in writing
within 30 days of the suspension, revocation, or surrender of a license or
temporary license in connection with a disciplinary action in any [ other ]
jurisdiction or of any license or temporary license that has been the subject
of disciplinary action in any [ other ] jurisdiction; or
10. The licensee, certificate holder, temporary license
holder, or applicant has been convicted or found guilty in any jurisdiction of
any misdemeanor or felony. Any plea or nolo contendere shall be considered a
conviction for the purpose of this section. 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 guilt;
11. The licensee, certificate holder, temporary license
holder, or applicant fails to notify the board in writing within 30 days that
the licensee, certificate holder, temporary license holder, or applicant has
pleaded guilty or nolo contendere or was convicted and found guilty of any
misdemeanor or felony.
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, drug
distribution, or physical injury or any felony, there being no appeal pending
therefrom or the time for appeal having elapsed. Review of convictions shall be
subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of
nolo contendere shall be considered a conviction for purposes of this
subdivision. The record of a conviction certified or authenticated in such form
as to be admissible in evidence under the laws of the jurisdiction where
convicted shall be admissible as prima facie evidence of such conviction or
guilt;
13 [ . ] Fails to inform the board
in writing within 30 days of pleading guilty or nolo contendere or being
convicted or found guilty regardless of adjudication of convictions as stated
in subdivision 12 of this section;
14. Allows, as [ an owner or operator
responsible management ] of a spa or school, a person who has not
obtained a license or a temporary permit to practice unless the person is duly
enrolled as a registered apprentice;
15. Allows, as [ an owner or operator
responsible management ] of a school, a person who has not obtained
an instructor certificate to practice as an esthetics or a master esthetics
instructor;
16. Fails to take sufficient measures to prevent
transmission of communicable or infectious diseases or fails to comply with
sanitary requirements provided for in this chapter or any local, state, or
federal law or regulation governing the standards of health and sanitation for
the practices of esthetics or master esthetics, or the operation of esthetics
spas; or
17. Fails to comply with all procedures established by the
board and the testing service with regard to conduct at [ the
any board ] examination.
B. In addition to subsection A of this section, the board
may, in considering the totality of the circumstances, revoke, suspend, place
on probation, or refuse to renew or reinstate the license of any school or
impose a fine as permitted by law, or both, if the board finds that:
1. An instructor of the approved school fails to teach the
curriculum as provided for in this chapter;
2. The owner or director of the approved school permits or
allows a person to teach in the school without an applicable current esthetics
instructor certificate or master esthetics instructor certificate; or
3. The instructor, owner or director is guilty of fraud or
deceit in the teaching of esthetics.
C. In addition to subsection A of this section, the board
may, in considering the totality of the circumstances, revoke, suspend, place
on probation, or refuse to renew or reinstate the license of any esthetics spa
or impose a fine as permitted by law, or both, if the board finds that:
1. The owner or operator of the spa fails to comply with
the sanitary requirements of an esthetics spa provided for in this chapter or
in any local ordinances; or
2. The owner or operator allows a person who has not
obtained a license or a temporary license to practice as an esthetician or
master esthetician.
D. In addition to subsection A of this section, the board
may, in considering the totality of the circumstances, revoke, suspend, place
on probation, or refuse to renew or reinstate the license of any licensee or
impose a fine as permitted by law, or both, if the board finds that the
licensee fails to take sufficient measures to prevent transmission of
communicable or infectious diseases or fails to comply with any local, state or
federal law or regulation governing the standards of health and sanitation for
the practice of esthetics.
NOTICE:
The following forms used in administering the regulation were filed by the
agency. The forms are not being published; however, online users of this issue
of the Virginia Register of Regulations may click on the name of a form with a
hyperlink to access it. The forms are also available from the agency contact or
may be viewed at the Office of the Registrar of Regulations, General Assembly
Building, 2nd Floor, Richmond, Virginia 23219.
FORMS (18VAC41-70)
Esthetician – Esthetics Instructor Examination &
License Application, A425-1261_62EXLIC (eff. 9/2011)
Master Esthetician – Master Esthetics Instructor
Examination & License Application, A425-1264_65EXLIC (eff. 9/2011)
Temporary Permit Application, A425-1213TP (eff. 9/2011)
License by Endorsement Application, A450-1213END-v9 (rev.
9/2016)
Training & Experience Verification Form,
A425-1213TREXP (eff. 9/2011)
Individuals - Reinstatement Application, A450-1213REI-v8
(rev. 9/2016)
Salon, Shop, Spa & Parlor License/Reinstatement Application
A450-1213BUS-v8 (rev. 9/2016)
Salon, Shop & Spa Self Inspection Form,
A425-1213_SSS_INSP (eff. 9/2011)
Instructor Certification Application, A450-1213INST-v7
(rev. 9/2016)
School License Application, A450-1213SCHL-v9 (rev. 9/2016)
School Reinstatement Application, A450-1213SCHL-REIN-v2
(rev. 9/2016)
School Self Inspection Form, A425-1213SCH_INSP (eff.
9/2011)
Licensure Fee Notice, A450-1213FEE-v6 (rev. 9/2016)
[ Esthetician
– Esthetics Instructor Examination & License Application,
A450-1261_62EXLIC-v13 (eff. 1/2017)
Master
Esthetician – Master Esthetics Instructor Examination & License
Application, A450-1264_65EXLIC-v14 (eff. 1/2017)
Temporary
Permit Application, A450-1213TEMP-v2 (eff. 1/2017)
License
by Endorsement Application, A450-1213END-v10 (eff. 1/2017)
Training
& Experience Verification Form, A450-1213TREXP-v5 (eff. 1/2017)
Individual
- Reinstatement Application, A450-1213REI-v9 (eff. 1/2017)
Salon,
Shop, Spa & Parlor License/Reinstatement Application A450-1213BUS-v9 (eff.
1/2017)
Salon,
Shop & Spa Self Inspection Form, A450-1213_SSS_INSP-v3 (eff. 5/2016)
Instructor
Certification Application, A450-1213INST-v8 (eff. 1/2017)
School
License Application, A450-1213SCHL-v10 (eff. 1/2017)
School
Reinstatement Application, A450-1213SCHL_REI-v3 (eff. 1/2017)
School
Self Inspection Form, A450-1213SCH_INSP-v3 (eff. 5/2016) ]
Licensure
Fee Notice, A450-1213FEE-v6 (rev. 9/2016)
[ Change
of Responsible Management, A450-1213CRM (eff. 1/2017) ]
VA.R. Doc. No. R14-3985; Filed November 14, 2016, 4:26 p.m.