Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 60 - BODY-PIERCING REGULATIONS › Part II - Entry › Section 18VAC41-60-20 - General requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				  individual wishing to engage in body piercing shall obtain a license in
				  compliance with § 54.1-703 of the Code of Virginia and meet the following
				  qualifications:
1. The applicant shall be in
				  good standing as a body piercer 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 body
				  piercer. 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 body piercer.
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 body piercing and
					 body piercing ear only. 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 body-piercing 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.