Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 41 - BOARD FOR BARBERS AND COSMETOLOGY › Chapter 50 - TATTOOING REGULATIONS › Part I - General › Section 18VAC41-50-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise. All terms defined in Chapter 7 (§ 54.1-700 et seq.) of Title
					 54.1 of the Code of Virginia are incorporated in this chapter.
"Apprenticeship program" means an approved tattooing
					 training program conducted by an approved apprenticeship sponsor.
"Apprenticeship sponsor" means an individual approved to
					 conduct tattooing apprenticeship training who meets the qualifications in
					 18VAC41-50-70.
"Aseptic technique" means a hygienic practice that prevents
					 and hinders the direct transfer of microorganisms, regardless of pathogenicity,
					 from one person or place to another person or place.
"Business entity" means a sole proprietorship, partnership,
					 corporation, limited liability company, limited liability partnership, or any
					 other form of organization permitted by law.
"Direct supervision" means
(i) that a Virginia licensed tattooer shall
				  be present in the tattoo parlor at all times when services are being performed
				  by an apprentice;
(ii) that a
				  Virginia licensed and certified tattooing instructor shall be present in the
				  tattooing school at all times when services are being performed by a
				  student;
(iii) that a Virginia
				  licensed and certified permanent cosmetic tattooing instructor shall be present
				  in the permanent cosmetic tattooing school at all times when services are being
				  performed by a student;
(iv) that a
				  Virginia licensed and certified master permanent cosmetic tattooer instructor
				  shall be present in the permanent cosmetic tattooing school at all times when
				  master permanent cosmetic tattooer services are being performed by a student;
				  or
(v) that a Virginia licensed
				  tattooer shall be present in the tattoo parlor at all times when services are
				  being performed by a guest tattooer.
"Endorsement" means a method of obtaining a license by a
					 person who is currently licensed in another state or jurisdiction of the United
					 States.
"Event tattoo parlor" means a tattoo parlor temporary
					 location licensed to operate for a maximum of five consecutive days.
"Firm" means any business entity recognized under the laws
					 of the Commonwealth of Virginia.
"Gratuitous services" as used in § 54.1-701.5 of the
					 Code Virginia means providing tattooing services without receiving compensation
					 or reward, or obligation. Gratuitous services do not include services provided
					 at no charge when goods are purchased.
"Guest tattooer" means a tattooer, permanent cosmetic
					 tattooer, or master permanent cosmetic tattooer residing outside of Virginia
					 who is licensed only to work for a two-week period at a specified tattoo parlor
					 or permanent cosmetic tattoo salon.
"Guest tattooer sponsor" means a licensed tattoo parlor or
					 permanent cosmetic tattooing salon that is sponsoring and providing direct
					 supervision of a guest tattooer.
"Licensee" means any person, sole proprietorship,
					 partnership, corporation, limited liability company, limited liability
					 partnership, or any other form of organization permitted by law holding a
					 license issued by the Board for Barbers and Cosmetology, as defined in §
					 54.1-700 of the Code of Virginia.
"Master permanent cosmetic tattooer" means any person who
					 for compensation practices permanent cosmetic tattooing known in the industry
					 as advanced permanent cosmetic tattooing, including scalp micropigmentation,
					 eye shadow, and breast and scar repigmentation or camouflage.
"Permanent cosmetic tattoo salon" means any place in which
					 permanent cosmetic tattooing is offered or practiced for compensation.
"Permanent cosmetic tattooer" means any person who for
					 compensation practices permanent cosmetic tattooing known in the industry as
					 basic permanent cosmetic tattooing, including eyebrows, microblading, scalp
					 micropigmentation, eyeliners, lip coloring, lip liners, or full lips.
"Permanent cosmetic tattooing" means placing marks upon or
					 under the skin of any person with ink or any other substance, resulting in the
					 permanent coloration of the skin on the face, including eyebrows, eyeliners,
					 lip coloring, lip liners, full lips, cheek blush, eye shadow, forehead and
					 scalp micropigmentation, and on the body for breast and scar repigmentation or
					 camouflage, also known as permanent makeup or micropigmentation.
"Permanent cosmetic tattooing instructor" means a person
					 who has been certified by the board who meets the competency standards of the
					 board as an instructor of permanent cosmetic tattooing.
"Permanent cosmetic tattooing school" means a place or
					 establishment licensed by the board to accept and train students and offers a
					 permanent cosmetic tattooing curriculum approved by the board.
"Pigments" means tattooing ink designed for use on human
					 skin.
"Post-secondary educational level" means an accredited
					 college or university that is approved or accredited by an accrediting agency
					 recognized by the U.S. Department of Education.
"Reinstatement" means having a license restored to
					 effectiveness after the expiration date has passed.
"Renewal" means continuing the effectiveness of a license
					 for another period of time.
"Responsible management" means the following
					 individuals:
1. The sole proprietor of
				  a sole proprietorship;
2. The
				  partners of a general partnership;
3. The managing partners of a limited
				  partnership;
4. The officers of a
				  corporation;
5. The managers of a
				  limited liability company;
6. The
				  officers or directors of an association or both; and
7. Individuals in other business entities
				  recognized under the laws of the Commonwealth as having a fiduciary
				  responsibility to the firm.
"Sole proprietor" means any individual, not a corporation,
					 who is trading under that individual's own name or under an assumed or
					 fictitious name pursuant to the provisions of §§ 59.1-69 through
					 59.1-76 of the Code of Virginia.
"Sterilization area" means a separate room or area separate
					 from workstations with restricted client access in which tattooing instruments
					 are cleaned, disinfected, and sterilized.
"Tattoo convention" means an event where Virginia and
					 out-of-state tattooers gather for no more than five consecutive days to offer
					 tattooing services to the public.
"Tattooing instructor" means a person who has been
					 certified by the board who meets the competency standards of the board as an
					 instructor of tattooing.
"Temporary location" means a fixed location at which
					 tattooing is performed for a specified length of time of not more than five
					 days in conjunction with a single event or convention.