Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 50 - TATTOOING REGULATIONS › Part II - Entry › Section 18VAC41-50-100 - School license

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any firm
				  wishing to operate a tattooing school or permanent cosmetic tattooing school
				  shall obtain a school license in compliance with § 54.1-704.2 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 parlor or
				  salon 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
				  tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon or
				  practice of the profession. 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
				  or any member of the responsible management has been previously licensed in
				  Virginia as a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo
				  salon.
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 a tattoo parlor, event
					 tattoo parlor, or permanent cosmetic tattoo salon. 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 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 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
				  disclose the firm's responsible management.