Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 60 - BODY-PIERCING REGULATIONS › Part VI - Standards of Practice › Section 18VAC41-60-220 - Grounds for license revocation or 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 and suspend, place on probation, or revoke or
					 refuse to renew or reinstate any license, 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 the board finds that the licensee or
					 applicant:
1. Is incompetent or
				  negligent in practice, or incapable mentally or physically, as those terms are
				  generally understood in the profession, to (i) practice as a body piercer or
				  body piercer ear only, or (ii) operate a body piercing salon;
2. Is convicted of fraud or deceit in the
				  practice body piercing or body piercing ear only;
3. Attemptedto obtain, obtained, 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 body piercers or body piercers ear only 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 the employee's duties any federal, state, or local law,
				  regulation, or ordinance governing body piercing 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 salon 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 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,
				  certificate, or permit in connection with a disciplinary action in any other
				  jurisdiction or of any license, certificate, or permit which 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 salon, a person who has not obtained a
				  license to practice as a body piercer or body piercer ear only unless the
				  person is duly enrolled as an apprentice;
15. 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 body piercing, or the operation of body-piercing salon or
				  body-piercing ear only salon; or
16. 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.