Welcome to
Virginia’s Statewide Esthetician Association!
The Virginia State Association for Skin Care
Professionals
REGULATIONS:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+reg+18VAC41-70
HOUSE BILL 2510:
CHAPTER 829
An Act to amend and reenact §§ 54.1-700
through 54.1-703
and 54.1-704.1
through 54.1-706
of the Code of Virginia and to amend the Code of Virginia by adding a
section numbered 54.1-703.3,
relating to the Department of Professional and Occupational Regulation;
Board for Barbers and Cosmetology; regulation of estheticians.
[H 2510]
Approved March
26, 2005
Be it enacted by the General Assembly of Virginia:
1. That §§ 54.1-700
through 54.1-703
and 54.1-704.1
through 54.1-706
of the Code of Virginia are amended and reenacted and that the Code of
Virginia is amended by adding a section numbered 54.1-703.3
as follows:
§ 54.1-700.
Definitions.
As used in this chapter, unless the context requires a different
meaning:
"Barber" means any person who shaves, shapes or trims the
beard; cuts, singes, shampoos or dyes the hair or applies lotions thereto;
applies, treats or massages the face, neck or scalp with oils, creams,
lotions, cosmetics, antiseptics, powders, clays or other preparations in
connection with shaving, cutting or trimming the hair or beard, and
practices barbering for compensation and when such services are not
performed for the treatment of disease.
"Barbering" means any one or any combination of the following
acts, when done on the human body for compensation and not for the
treatment of disease, shaving, shaping and trimming the beard; cutting,
singeing, shampooing or dyeing the hair or applying lotions thereto;
applications, treatment or massages of the face, neck or scalp with oils,
creams, lotions, cosmetics, antiseptics, powders, clays, or other
preparations in connection with shaving, cutting or trimming the hair or a
beard. The term "barbering" shall not apply to the acts described
hereinabove when performed by any person in his home if such service is not
offered to the public.
"Barber instructor" means any person 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 barbering.
"Barbershop" means any establishment or place of business
within which the practice of barbering is engaged in or carried on by one
or more barbers.
"Board" means the Board for Barbers and Cosmetology.
"Body-piercer" means any person who for remuneration
penetrates the skin of a person to make a hole, mark, or scar, generally
permanent in nature.
"Body-piercing" means the act of penetrating the skin of a
person to make a hole, mark, or scar, generally permanent in nature.
"Body-piercing salon" means any place in which a fee is
charged for the act of penetrating the skin of a person to make a hole,
mark, or scar, generally permanent in nature.
"Body-piercing school" means a place or establishment licensed
by the Board to accept and train students in body-piercing.
"Braiding salon" means any commercial establishment,
residence, vehicle, or other establishment, place, or event wherein hair
braiding is offered or practiced on a regular basis for compensation.
"Braiding school" means a place or establishment licensed by
the Board to accept and train students and which offers a hair braiding
curriculum approved by the Board.
"Cosmetologist" means any person who administers cosmetic
treatments; manicures or pedicures the nails of any person; arranges,
braids, dresses, curls, waves, cleanses, cuts, shapes, singes, waxes,
tweezes, shaves, bleaches, colors, relaxes, straightens, or performs
similar work, upon human hair, or a wig or hairpiece, by any means,
including hands or mechanical or electrical apparatus or appliances unless
such acts as adjusting, combing, or brushing prestyled wigs or hairpieces
do not alter the prestyled nature of the wig or hairpiece, and practices
cosmetology for compensation.
"Cosmetology" includes, but is not limited to, the following
practices: administering cosmetic treatments; manicuring or pedicuring the
nails of any person; arranging, braiding, dressing, curling, waving,
cleansing, cutting, shaping, singeing, waxing, tweezing, shaving,
bleaching, coloring, relaxing, straightening, or similar work, upon human
hair, or a wig or hairpiece, by any means, including hands or mechanical or
electrical apparatus or appliances, but shall not include such acts as
adjusting, combing, or brushing prestyled wigs or hairpieces when such acts
do not alter the prestyled nature of the wig or hairpiece.
"Cosmetology instructor" means a person 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 cosmetology.
"Cosmetology salon" means any commercial establishment,
residence, vehicle or other establishment, place or event wherein
cosmetology is offered or practiced on a regular basis for compensation and
may include the training of apprentices under regulations of the Board.
"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.
"Hair braider" means a person who engages in the practice of
hair braiding on a regular basis for compensation.
"Hair braiding" means the braiding, twisting, wrapping,
weaving, extending, or locking of natural human hair by hand or mechanical
device, provided that the service does not include hair cutting or the
application of dyes, reactive chemicals, or other preparations to alter the
color of the hair or to straighten, curl, or alter the structure of the
hair.
"Master esthetician" means a licensed esthetician who, in
addition to the practice of esthetics, offers to the public for
compensation, without the use of laser technology, lymphatic drainage,
chemical exfoliation, or microdermabrasion, and who has met such additional
requirements as determined by the Board to practice lymphatic drainage,
chemical exfoliation with products other than Schedules II through VI
controlled substances as defined in the Drug Control Act (§ 54.1-3400
et seq.), and microdermabrasion of the epidermis.
"Nail care" means manicuring or pedicuring natural nails or
performing artificial nail services.
"Nail salon" means any commercial establishment, residence,
vehicle or other establishment, place or event wherein nail care is offered
or practiced on a regular basis for compensation and may include the
training of apprentices under regulations of the Board.
"Nail school" means a place or establishment licensed by the
board to accept and train students in nail care.
"Nail technician" means any person who for compensation manicures
or pedicures natural nails, or who performs artificial nail services for
compensation, or any combination thereof.
"Nail technician instructor" means a licensed nail technician
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
nail care.
"Physical (wax) depilatory" means the wax depilatory product
or substance used to remove superfluous hair.
"School of cosmetology" means a place or establishment
licensed by the Board to accept and train students and which offers a
cosmetology curriculum approved by 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.
"Tattoo parlor" means any place in which tattooing is offered
or practiced.
"Tattoo school" means a place or establishment licensed by the
Board to accept and train students in tattooing.
"Tattooer" means any person who for remuneration practices
tattooing.
"Tattooing" means the placing of designs, letters, scrolls,
figures, symbols or any other marks upon or under the skin of any person
with ink or any other substance, resulting in the permanent coloration of
the skin, including permanent make-up or permanent jewelry, by the aid of
needles or any other instrument designed to touch or puncture the skin.
"Wax technician" means any person licensed by the Board who
removes hair from the hair follicle using a physical (wax) depilatory or by
tweezing.
"Wax technician instructor" means a licensed wax technician
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 waxing.
"Waxing" means the temporary removal of superfluous hair from
the hair follicle on any area of the human body through the use of a
physical (wax) depilatory or by tweezing.
"Waxing salon" means any commercial establishment, residence,
vehicle or other establishment, place or event wherein waxing is offered or
practiced on a regular basis for compensation and may include the training
of apprentices under regulations of the Board.
"Waxing school" means a place or establishment licensed by the
Board to accept and train students in waxing.
§ 54.1-701.
Exemptions.
The provisions of this chapter shall not apply to:
1. Persons authorized by the laws of the Commonwealth to practice
medicine and surgery or osteopathy or chiropractic;
2. Registered nurses licensed to practice in the Commonwealth;
3. Persons employed in state or local penal or correctional
institutions, rehabilitation centers, sanatoria, or institutions for care
and treatment of the mentally ill or mentally deficient or for care and
treatment of geriatric patients, as barbers, cosmetologists, wax
technicians, nail technicians, hair braiders, estheticians, barber
instructors, cosmetology instructors, wax technician instructors or,
nail technician instructors, or esthetics instructors who practice
only on inmates of or patients in such sanatoria or institutions;
4. Persons licensed as funeral directors or embalmers in the
Commonwealth;
5. Gratuitous services as a barber, nail technician, cosmetologist, wax
technician, hair braider, tattooer, or body-piercer, or
esthetician;
6. Students enrolled in an approved school taking a course in barbering,
nail care, cosmetology, waxing, hair braiding, tattooing, or
body-piercing, or esthetics;
7. Persons working in a cosmetology salon whose duties are expressly
confined to hair braiding or the shampooing and cleansing of human hair
under the direct supervision of a cosmetologist or barber;
8. Apprentices serving in a barbershop, nail salon, waxing salon,
cosmetology salon, or hair braiding salon, or esthetics spa
licensed by the Board in accordance with the Board's regulations; and
9. Schools of barbering, nail care, waxing, cosmetology, or hair
braiding in public schools; and
10. Persons whose activities are confined solely to applying make-up,
including such activities that are ancillary to applying make-up.
§ 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.
§ 54.1-703.3.
Waiver of examination; estheticians.
The Board shall waive the examination requirements for licensure as
an esthetician or master esthetician for any individual who (i) makes application
for licensure between July 1, 2007, and July 1, 2008; (ii) otherwise
complies with Board regulations relating to moral turpitude; and (iii)
meets any of the following conditions:
1. Has at least three years of documented work experience as an esthetician
or a master esthetician that is deemed satisfactory by the Board;
2. Has completed a training program that is deemed satisfactory by
the Board; or
3. Holds an unexpired certificate of registration, certification, or
license as an esthetician or a master esthetician issued to him on the
basis of comparable requirements by a proper authority of a state,
territory, or possession of the United States, or the District of Columbia.
§ 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.
Summary as passed:
(all
summaries)
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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