Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 70 - ESTHETICS REGULATIONS › Part II - Entry › Section 18VAC41-70-90 - General requirements for a school license

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any 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, 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
				  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 the
				  applicant's physical address. A post office box is not acceptable.
3. The applicant shall sign, as part of the
				  application, a statement certifying that the applicant has read and understands
				  the Virginia 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, non-marijuana drug distribution, or physical
				  injury within two years of the date of the application; and
b. All felony convictions within 20 years of
				  the date of application.
Any plea of nolo contendere shall be considered a
					 conviction for purposes of this subsection. The record of a conviction received
					 from a court shall be accepted as prima facie evidence of a conviction or
					 finding of guilt. The board, in its discretion, may deny licensure to any
					 applicant in accordance with §
													54.1-204
					 of the Code of Virginia.
5. The applicant shall disclose the firm's
				  responsible management.