Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 70 - ESTHETICS REGULATIONS › Part II - Entry › Section 18VAC41-70-80 - General requirements for spa license

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any firm wishing to operate an esthetics
				  spa shall obtain a spa license in compliance with §
										54.1-704.1
				  of the Code of Virginia, and shall 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 spa 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 spa 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 responsible management has been
				  previously licensed in Virginia as an esthetics spa.
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 spa. 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.