Welcome to
Virginia’s Statewide Esthetician Association!
The Virginia State Association for Skin Care
Professionals
HOUSE BILL 2510:
"Esthetician" means a person who engages in the practice of
esthetics for compensation.
"Esthetics" includes, but is not limited to, the following
practices of administering cosmetic treatments to enhance or improve the
appearance of the skin: cleansing, toning, performing effleurage or other
related movements, stimulating, exfoliating, or performing any other
similar procedure on the skin of the human body or scalp by means of
cosmetic preparations, treatments, any nonlaser device, electrical,
mechanical, or manual, for care of the skin; applying make-up or eyelashes
to any person, tinting or perming eyelashes and eyebrows, and lightening
hair on the body except the scalp; and removing unwanted hair from the body
of any person by the use of tweezing, chemical, or mechanical means.
However, "esthetics" is not a healing art and shall not include
any practice, activity, or treatment that constitutes the practice of
medicine, osteopathic medicine, or chiropractic. The terms "healing
arts," "practice of medicine," "practice of osteopathic
medicine," and "practice of chiropractic" shall mean the
same as those terms are defined in § 54.1-2900.
"Esthetics instructor" means a licensed esthetician who has
been certified by the Board as having completed an approved curriculum and
who meets the competency standards of the Board as an instructor of
esthetics.
"Esthetics spa" means any commercial establishment,
residence, vehicle, or other establishment, place, or event wherein
esthetics is offered or practiced on a regular basis for compensation under
regulations of the Board.
"School of esthetics" means a place or establishment
licensed by the Board to accept and train students and which offers an
esthetics curriculum approved by the Board.
§ 54.1-702.
Board for Barbers and Cosmetology; membership; officers; quorum.
A. The Board for Barbers and Cosmetology shall be composed of
eight 10 members, of whom as follows: two members
shall be licensed barbers, one of whom may be an owner or operator of a
barber school; two members shall be licensed cosmetologists, at least one
of whom shall be a salon owner and one of whom may be an owner or operator
of a cosmetology school; and one member shall be a licensed nail
technician or a licensed cosmetologist engaged primarily in the practice of
nail care, each of whom shall have been licensed in their respective
professions for at least three years immediately prior to appointment,;
one member who shall be either a licensed tattooer or a licensed
body-piercer; two members shall be licensed estheticians, at least one
of whom shall be an esthetics salon owner and one of whom may be an owner,
operator, or designated representative of a licensed esthetics school;
and two citizen members. The terms of Board members shall be four years. No
member shall serve for more than two full successive terms. The Board shall
elect a chairman and a vice-chairman vice chairman. A
majority of the Board shall constitute a quorum.
B. The Governor shall appoint to the Board two estheticians who
have practiced as an esthetician for at least five consecutive years
immediately prior to appointment, effective July 1, 2005. The esthetician
members shall not vote on any matters before the Board, except matters
related to esthetics, until July 1, 2007.
Of the esthetician members initially appointed to the Board, one
shall be appointed for a term of two years. Thereafter, all such
appointments shall be for terms of four years, except that appointment to
fill vacancies shall be for the unexpired terms.
§ 54.1-703.
License required.
No person shall offer to engage in or engage in barbering, cosmetology,
nail care, waxing, hair braiding, tattooing, or body-piercing, or
esthetics without a valid license issued by the Board, except as
provided in § 54.1-701.
§ 54.1-704.1.
License required for barbershop, cosmetology salon, nail care salon, waxing
salon, hair braiding salon, tattoo parlor, body-piercing salon, and
esthetics spa.
No individual or entity shall operate a barbershop, cosmetology salon,
nail care salon, waxing salon, hair braiding salon, tattoo parlor, or body-piercing
salon, or esthetics spa without a valid license issued by the Board.
The provisions of this section shall not apply to a licensed barber,
cosmetologist, nail technician, waxing technician, tattooer, or body-piercer,
or esthetician who does not have an ownership interest in a licensed
barbershop, cosmetology salon, nail care salon, waxing salon, hair braiding
salon, tattoo parlor, or body-piercing salon, or esthetics spa
in which he is employed.
§ 54.1-704.2.
License required for schools of barbering, cosmetology, nail care, waxing,
hair braiding, tattooing, body-piercing, or esthetics.
Except as provided in § 54.1-701,
no person, firm or corporation shall operate or attempt to operate a school
of barbering, cosmetology, nail care, waxing, hair braiding, tattooing, or
body-piercing, or esthetics unless licensed by the Board
pursuant to its regulations.
§ 54.1-705.
Inspections.
A. Inspectors and sanitarians of the State Department of Health, or an
affiliated local health department, may inspect each barbershop,
cosmetology salon, waxing salon, nail care salon, hair braiding salon,
tattoo parlor, and body-piercing salon, and esthetics spa in
the Commonwealth regularly. Any infractions shall be immediately reported
to the Health Department and the Director of the Department of Professional
and Occupational Regulation for disciplinary action.
B. The Board may inspect barbershops, barber schools, cosmetology salons
and schools, waxing salons and schools, nail care salons and schools, hair
braiding salons and schools, tattoo parlors and schools, and body-piercing
salons and schools, and esthetics spas and schools for compliance
with regulations promulgated by the Board.
C. The Board shall specify procedures for enforcement of compliance with
the disease control and disclosure requirements of § 18.2-371.3,
including unannounced inspections by appropriate personnel.
D. The Board or the Virginia Department of Health, or an affiliated
local health department, may regulate the sanitary condition of the
personnel, equipment and premises of tattoo parlors and body-piercing
salons.
§ 54.1-706.
Different requirements for licensure.
The Board shall have the discretion to impose different requirements for
licensure for the practice of barbering, cosmetology, nail care, waxing,
hair braiding, tattooing, and body-piercing, and esthetics.
2. That the provisions of this act shall become effective on July
1, 2007, except that § 54.1-702
of this act shall become effective on July 1, 2005.
3. That the Board for Barbers and Cosmetology shall adopt final
regulations to implement the provisions of this act to be effective on or
before July 1, 2007.
Department of Professional and Occupational
Regulation; Board for Barbers and Cosmetology; regulation of estheticians.
Provides for the licensure of estheticians. The bill defines estheticians
and requires the Board for Barbers and Cosmetology to adopt regulations
governing the practice of esthetics and schools of esthetics and
instructors thereof by July 1, 2007. The bill defines "master
esthetician" as a licensed esthetician who, in addition to the
practice of esthetics, offers to the public for compensation lymphatic
drainage, chemical exfoliation, and microdermabrasion and who has met such
additional requirements as determined by the Board to practice lymphatic
drainage and chemical exfoliation with products other than schedules II
through VI controlled substances and microdermabrasion. The bill also
increases from eight to 10 the membership of the Board by adding two
members who are licensed as estheticians, at least one of whom is an
esthetics salon owner and one of whom may be an owner, operator, or
designated representative of a licensed esthetics school. Finally, the bill
contains provisions for waiver from licensure examinations for those
meeting certain requirements. The bill has a delayed enactment (July 1,
2007), except the provisions relating to Board membership.
Full text:
01/12/05 House: Prefiled & ordered printed; offered 01/12/05
051470316 (impact statement)
02/01/05 House: Committee substitute printed 052282316-H1
02/03/05 House: Printed as engrossed 052282316-EH1 (impact statement)
03/07/05 House: Bill text as passed House and Senate (HB2510ER) (impact statement)
04/04/05 Governor: Acts of Assembly Chapter text (CHAP0829)
Amendments:
House amendments
Senate amendments
Senate amendments engrossed
Senate amendments rejected
Conference amendments
Status:
01/12/05 House: Prefiled & ordered printed; offered 01/12/05
051470316
01/12/05 House: Referred to Committee on Health, Welfare and
Institutions
02/01/05 House: Reported from H. W. I. w/substitute (16-Y 6-N)
02/01/05 House: Committee substitute printed 052282316-H1
02/02/05 House: Read first time
02/03/05 House: Read second time
02/03/05 House: Committee substitute agreed to 052282316-H1
02/03/05 House: Amendment by Del. Welch agreed to
02/03/05 House: Engrossed by House - committee substitute w/amd.
HB2510EH1
02/03/05 House: Printed as engrossed 052282316-EH1
02/04/05 House: Read third time and passed House (83-Y 12-N)
02/04/05 House: VOTE: PASSAGE (83-Y 12-N)
02/04/05 House: Communicated to Senate
02/07/05 Senate: Constitutional reading dispensed
02/07/05 Senate: Referred to Committee on General Laws
02/16/05 Senate: Reported from General Laws with amd (13-Y 2-N)
02/18/05 Senate: Constitutional reading dispensed (38-Y 0-N)
02/18/05 Senate: VOTE: CONST. RDG. DISPENSED R (38-Y 0-N)
02/21/05 Senate: Passed by for the day
02/22/05 Senate: Read third time
02/22/05 Senate: Reading of amendment waived
02/22/05 Senate: Committee amendment rejected
02/22/05 Senate: Reading of amendment waived
02/22/05 Senate: Amendment by Sen. Stosch agreed to
02/22/05 Senate: Engrossed by Senate as amended
02/22/05 Senate: Passed Senate with amendment (37-Y 2-N)
02/22/05 Senate: VOTE: PASSAGE (37-Y 2-N)
02/23/05 House: Placed on Calendar
02/23/05 House: Senate amendment rejected by House (3-Y 95-N)
02/23/05 House: VOTE: REJECTED (3-Y 95-N)
02/24/05 Senate: Senate insisted on amendment (40-Y 0-N)
02/24/05 Senate: VOTE: INSIST & REQUEST (40-Y 0-N)
02/24/05 Senate: Senate requested conference committee
02/24/05 House: House acceded to request
02/24/05 House: Conferees appointed by House
02/24/05 House: Delegates: Welch, Hamilton, Moran
02/24/05 Senate: Conferees appointed by Senate
02/24/05 Senate: Senators: Watkins, Devolites Davis, Locke
02/26/05 House: Conference report agreed to by House (80-Y 7-N)
02/26/05 House: VOTE: ADOPTION (80-Y 7-N)
02/26/05 Senate: Conference report agreed to by Senate (37-Y 0-N)
02/26/05 Senate: VOTE: CONF. COMMITTEE RPT. (37-Y 0-N)
03/07/05 House: Bill text as passed House and Senate (HB2510ER)
03/09/05 House: Enrolled
03/09/05 House: Signed by Speaker
03/11/05 Senate: Signed by President
03/26/05 Governor: Approved by Governor-Chapter 829 (effective - see
bill)
04/04/05 Governor: Acts of Assembly Chapter text (CHAP0829)
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