Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 50 - TATTOOING REGULATIONS › Part VIII - Standards of Practice › Section 18VAC41-50-420 - Grounds for license or certificate revocation, suspension or probation; denial of application, renewal, or reinstatement; or imposition of a monetary penalty

Current through Register Vol. 40, No. 24, July 15, 2024
The board may, in considering the totality of the
					 circumstances, fine any licensee or certificate holder and suspend, place on
					 probation, or revoke or refuse to renew or reinstate any license or
					 certificate, or deny any application issued under the provisions of Chapter 7
					 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia and this
					 chapter if it finds that the licensee, certificate holder, or applicant:
1. Is incompetent or negligent in tattooing,
				  or incapable mentally or physically, as those terms are generally understood in
				  the profession, to (i) practice as a tattooer, tattooer apprentice, permanent
				  cosmetic tattooer, or master permanent cosmetic tattooer or (ii) operate a
				  parlor, permanent cosmetic tattooing salon, or school;
2. Is convicted of fraud or deceit in the
				  practice of tattooing or fails to teach the curriculum as provided for in this
				  chapter;
3. Obtained, attempted to
				  obtain, renewed, or reinstated a license by false or fraudulent
				  representation;
4. Violates or
				  induces others to violate, or cooperates with others in violating, any of the
				  provisions of this chapter or Chapter 7 (§ 54.1-700 et seq.) of Title 54.1
				  of the Code of Virginia or any local ordinance or regulation governing
				  standards of health and sanitation of the establishment in which tattooers 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 that employee's duties, any federal, state, or local law,
				  regulation, or ordinance governing tattooing as defined in § 54.1-700 of
				  the Code of Virginia;
6. Fails to
				  respond to the board or any of its agents or provides false, misleading, or
				  incomplete information to an inquiry by the board or any of its
				  agents;
7. Fails or refuses to
				  allow the board or any of its agents to inspect during reasonable hours any
				  licensed parlor, salon, or school for compliance with provisions of Chapter 7
				  (§ 54.1-700 et seq.) or this chapter;
8. Fails to produce, upon request or demand
				  of the board or any of its agents, any document, book, record, or copy thereof
				  in a licensee's or responsible management's possession or maintained in
				  accordance with this chapter;
9.
				  Fails to notify the board of a change of name or address in writing within 30
				  days of the change for each and every license;
10. Makes any misrepresentation or publishes
				  or causes to be published any advertisement that is false, deceptive, or
				  misleading;
11. Fails to notify the
				  board in writing within 30 days of the suspension, revocation, or surrender of
				  a license or certificate in connection with a disciplinary action in any other
				  jurisdiction or of any license or certificate that has been the subject of
				  disciplinary action in any other jurisdiction;
12. Has been convicted or found guilty,
				  regardless of the manner of adjudication in Virginia or any other jurisdiction
				  of the United States, of a misdemeanor involving moral turpitude, sexual
				  offense, non-marijuana drug distribution, or physical injury or any felony,
				  there being no appeal pending therefrom or the time for appeal having elapsed.
				  Review of convictions shall be subject to the requirements of § 54.1-204
				  of the Code of Virginia. Any plea of nolo contendere shall be considered a
				  conviction for purposes of this subdivision. The record of a conviction
				  certified or authenticated in such form as to be admissible in evidence under
				  the laws of the jurisdiction where convicted shall be admissible as prima facie
				  evidence of such conviction or guilt;
13. Fails to inform the board in writing
				  within 30 days of pleading guilty or nolo contendere or being convicted or
				  found guilty regardless of adjudication of any convictions as stated in
				  subdivision 12 of this section;
14.
				  Allows, as responsible management of a parlor, salon, or school, a person who
				  has not obtained a license or guest tattooer license to practice as a tattooer,
				  permanent cosmetic tattooer, or master permanent cosmetic tattooer, unless the
				  person is duly enrolled as an apprentice;
15. Allows, as responsible management of a
				  school, a person who has not obtained an instructor certificate to practice as
				  a tattooing or permanent cosmetic tattooing 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 practice of tattooing, or the operation of tattoo parlors or permanent
				  cosmetic tattooing salons; or
17.
				  Fails to comply with all procedures established by the board and the testing
				  service with regard to conduct at any board examination.
Statutory Authority: § 54.1-201 of the Code of
						Virginia.