Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 50 - TATTOOING REGULATIONS › Part II - Entry › Section 18VAC41-50-20 - General requirements for tattooer, guest tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				  individual wishing to engage in tattooing, guest tattooing, permanent cosmetic
				  tattooing, or master permanent cosmetic tattooing shall obtain a license in
				  compliance with § 54.1-703 of the Code of Virginia and meet the following
				  qualifications:
1. The applicant must be in
				  good standing as a tattooer, guest tattooer, permanent cosmetic tattooer, or
				  master permanent cosmetic tattooer in every jurisdiction where licensed,
				  certified, or registered. The applicant shall disclose to the board at the time
				  of application for licensure any disciplinary action taken in Virginia or any
				  other jurisdiction in connection with the applicant's practice as a tattooer,
				  guest tattooer, permanent cosmetic tattooer, or master permanent cosmetic
				  tattooer. This disclosure 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 has been
				  previously licensed in Virginia as a tattooer, guest tattooer, permanent
				  cosmetic tattooer, or master permanent cosmetic tattooer.
Upon review of the applicant's prior disciplinary action,
					 the board, in its discretion, may deny licensure to any applicant wherein the
					 board deems the applicant is unfit or unsuited to engage in tattooing, guest
					 tattooing, permanent cosmetic tattooing, or master permanent cosmetic
					 tattooing. 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 subdivision. 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 tattooing license laws and this chapter.
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, 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 subdivision. 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, administered either by the board or by a designated
				  testing service.