Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 70 - ESTHETICS REGULATIONS › Part VI - Standards of Practice › Section 18VAC41-70-280 - Grounds for license revocation, probation, or suspension; 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, certificate holder, or temporary license
					 holder; suspend, place on probation, revoke, or refuse to renew or reinstate
					 any license, certificate, or temporary 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, certificate holder, permit holder, or applicant:
1. Is incompetent, negligent, or incapable
				  mentally or physically, as those terms are generally understood in the
				  profession, to practice as an esthetician;
2. Is convicted of fraud or deceit in the
				  practice or teaching of esthetics, fails to teach in accordance with the
				  board-approved curriculum, or fails to comply with
				  18VAC41-70-190
				  D when making an assessment of credit hours awarded;
3. Attempts to obtain, obtained, renewed, or
				  reinstated a license, certificate, or temporary license by false or fraudulent
				  representation;
4. Violates,
				  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 any
				  esthetician 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 his duties, any
				  federal, state, or local law, regulation, or ordinance governing esthetics or
				  master esthetics;
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 spa or school for compliance with provisions of Chapter 7 (§
										54.1-700 et seq.) of
				  Title 54.1 of the Code of Virginia 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, certificate holder's, temporary license holder's, applicant's,
				  or owner's 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, certificate, or temporary 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 or temporary license in connection with a disciplinary action in any
				  jurisdiction or of any license or temporary license that has been the subject
				  of disciplinary action in any 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 convictions as stated in subdivision
				  12 of this section;
14. Allows, as
				  responsible management of a spa or school, a person who has not obtained a
				  license or a temporary permit to practice unless the person is duly enrolled as
				  a registered apprentice;
15.
				  Allows, as responsible management of a school, a person who has not obtained an
				  instructor certificate to practice as an esthetics or a master esthetics
				  instructor;
16. 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 practices of esthetics or master
				  esthetics or the operation of esthetics spas; or
17. 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.