reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-13 - Barber Apprenticeship › Section 3-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Barber
				Apprentice" means a permitted person seeking to learn barbering under a
				permitted master barber.
2.2.
				"Master Barber" means a permitted licensed barber that instructs and is
				responsible for a barber apprentice during the time of the
				apprenticeship.
2.3. "Barber
				Apprenticeship" means the program in which a master barber instructs a barber
				apprentice in the profession of barbering which
				include
s
theory and practical instruction.
2.4. "Paying Customer" means an individual
				paying for services.
2.5.
				"Cosmetologist" means a person licensed under the provisions of this article 27
				chapter 30 who engages in the practice of cosmetology.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-13 - Barber Apprenticeship › Section 3-13-3 - Qualifications for a Barber Apprentice

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 To be eligible to practice as a barber
				apprentice an applicant:
3.1.a. Is at least
				sixteen years of age;
3.1.b. Is of
				good moral character;
3.1.c. Has a
				high school diploma, a GED, or has passed the "ability to benefit test"
				approved by the US Department of Education;
3.1.d. Has paid the application
				fee;
3.1.e. Has a certificate of
				health from a licensed physician;
3.1.f. Is a citizen of the United States or
				is eligible for employment in the United States; and
3.1.g. Has submitted completed application to
				the Board.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-13 - Barber Apprenticeship › Section 3-13-4 - Qualification for a Master Barber Offering Barber Apprenticeship

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. To be eligible
				to be a master barber a licensee:
4.1.a. Has
				had an active Barber license in West Virginia for at least five
				years;
4.1.b. Has worked in a
				licensed barber shop in West Virginia for the last_five years with at least two
				barber chairs in the barber shop;
4.1.c. Is of good moral and responsible
				character;
4.1.d. Has consistent
				history of satisfactory inspections conducted by Board's agent at
				shop.
4.1.e. Has an individual
				license currently in good standing with the Board; and works in a barber shop
				currently in good standing with the Board;
4.1.f. Has paid the application fee;
				and
4.1.g. Has submitted completed
				application to the Board.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-13 - Barber Apprenticeship › Section 3-13-5 - Apprentice Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. To
				obtain a barber's license a barber apprentice:
5.1.a. Shall complete 2,400 hours of
				apprenticeship training offered solely by a master barber as in Table 1 or in
				conjunction with a school teaching theory courses outlined in Table 2 prior to
				commencing practical work in a licensed facility or through a Board
				pre-approved online theory educational program for teaching theory courses
				outlined in Table 2.
5.1.b. Shall
				complete the curriculum listed in Table 1.
5.1.c. Shall obtain a work permit from the
				Board immediately after completing apprenticeship hours and while waiting to
				take the examination. A work permit can only be issued if the applicant is
				registered for the upcoming examination and can only be renewed once.
5.1.d. May receive compensation after earning
				no less than 600 hours of apprenticeship hours.
51.e. Shall obtain 100 hours of theory work
				focusing on General Professional Information, The Science of Barbering, and
				Professional Barbering categories, as indicated in Table 1, before commencing
				practical work on a mannequin. Applicant must also obtain at least 50 hours of
				practical work on a mannequin before practicing on a live individual in a
				licensed facility.
5.1.f. Shall use
				Milady Barbering Textbook or Pivot Point Barbering Textbook, less than 5 years
				from published date, for apprenticeship theory work.
5.1.g. Shall successfully pass each chapter
				review examination with at least a 70% and shall retain each examination for a
				period of two years after completion of apprenticeship program.
5.1.h. Shall complete apprenticeship program
				within 30 months of commencing studies.
5.1.i. Shall have direct supervision from the
				registered Master Barber while performing services.
5.1.j. Shall work with Master Barber to
				ensure accurate record keeping including
,
but not
				limited to
,
daily hours attended, number of customers
				serviced, hours spent learning theory, and other information to assist with
				ensuring completion of the apprentice program. A Board created and required
				records form will be issued to apprentice and Master Barber. Tracking of hours,
				services, and education progress will be indicated on the form.
5.1.k. Shall keep all records on file at the
				Master Barber's shop for inspection by the Board or its agents.
5.1.l. Shall have access to all records
				pertaining to his/her apprenticeship within three days of request from Master
				Barber.
5.1.m. Shall submit to
				questions from Board's agent pertaining to sanitation steps and processes
				used.
5.1.n. Shall submit an
				application for registration for licensure after completing apprenticeship and
				passing the barber examination.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-13 - Barber Apprenticeship › Section 3-13-6 - Master Barber Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1 To
				be a master barber a licensed barber shall:
6.1.a. Follow the curriculum listed in Table
				1 if apprentice follows Table 1 for licensure.
6.1.b. Promote good attendance from applicant
				that would ensure completion of the barber apprenticeship within 30 months of
				commencing studies.
6.1.c. Ensure
				apprentice completes at least 150 hours and is professionally competent before
				practicing on a live individual in a licensed facility.
61.d. Grade and oversee completion of theory
				work and written examinations.
6.1.e. Oversee and check all practical work
				performed during the apprenticeship.
6.1.f. Use Milady Barbering Textbook or Pivot
				Point Barbering Textbook, less than 5 years from published date, for
				apprenticeship theory work.
6.1.g.
				Keep accurate records to include name of apprentice(s), daily hours attended,
				number of customers serviced, hours spent learning theory, and other
				information to assist with ensuring completion of the apprentice
				program.
6.1.h. Submit monthly
				records on a form created by the Board electronically.
6.1.i. Have no more than two apprentices at
				any time.
6.1.j. Assume
				professional responsibility over apprentice at all times while apprentice is in
				the shop and must have direct supervision over apprentice while apprentice is
				performing services.
6.1.k. Perform
				frequent practical demonstrations for apprentice to include haircuts, shaves,
				styling, and other techniques commonly used by licensed barbers. Demonstrations
				may be done on paying customers or mannequin. Master Barber will determine when
				an apprentice is ready to perform on paying customer, provided that, apprentice
				has completed at least 350 hours of the apprenticeship program.
6.1.l. Submit to inspection of shop,
				apprentice documents, and other required records ensuring compliance with this
				rule and other rules created by the Board.
6.1.m. Earn 3 hours of continuing education
				every other year in accordance to series 11.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-13 - Barber Apprenticeship › Section 3-13-7 - Master Barber's Shop Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Shop shall have at least two working barber chairs.
7.2. Shop shall maintain proper equipment in
				good repair and products to perform daily services typically offered in a
				barber shop.
7.3. Shop shall have
				and post a sign clearly visible to the public indicating a barber apprentice is
				on staff and shall have service prices indicating the cost for barber
				apprentice.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-13 - Barber Apprenticeship › Section 3-13-8 - Cosmetologist Requirements for Barber Apprenticeship

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1 A cosmetologist who wants to obtain
				licensure as a barber through an apprentice program shall:
8.1.a. Submit application to the
				Board;
8.1.b. Pay the applicable
				issuance fee;
8.1.c. Have a West
				Virginia license in good standing;
8.1.d. Complete 20 hours of apprenticeship in
				shaving and its techniques with 2 hours being in theory and 18 hours being in
				practical work and demonstration observations;
8.1.e. Complete 60 hours of apprenticeship in
				clipper technique and style with 5 hours being in theory and 55 hours being in
				practical work and demonstration observations;
8.1.f. Complete the total 80-hour apprentice
				program within 6 months of commencing studies; and
8.1.g. Sit for the barber examination and
				must pass within 6 months of completing apprenticeship.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-13 - Barber Apprenticeship › Section 3-13-9 - Revocation of Master Barber and Barber Apprentice Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The permit of a Master Barber and Barber
				Apprentice may be revoked or suspended by the Board for any reason specified in
				W.Va. Code §
									30-27-1
et seq
.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-14 - Waxing Specialist › Section 3-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. -- This
				legislative rule establishes the minimum requirements for waxing
				specialist.
1.2 Authority. -- W.
				Va. Code §
									30-27-8b; W. Va.
				Code §
									30-27-6;
1.3 Filing Date. -May 12, 2017.
1.4 Effective Date -May 12, 2017
1.5 Sunset Date. - This rule shall terminate
				and no further force or effect on May 12, 2027.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-14 - Waxing Specialist › Section 3-14-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 "Waxing
				Specialist" is a certified individual who engages in the practicing of waxing
				and tweezing of hair on another person's body.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-14 - Waxing Specialist › Section 3-14-3 - Qualifications for Waxing Specialist

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Is at least eighteen years of age;
3.2. Is of good moral character;
3.3. Is in high school or has a high school
				diploma, a GED, or has passed the "ability to benefit test" approved by the
				United State Department of Education;
3.4. Has paid the applicable fee;
3.5. Has a certificate of health from a
				licensed physician;
3.6. Is a
				citizen of the United States or is eligible for employment in the United
				States;
3.7. Has completed a 100
				hour class that consists of: professional requirements, safety and health, skin
				structure, disorders and diseases, removal of superfluous hair and 25hours on
				the clinic floor, supervised, for a total of 125 hours;
3.8. Has passed the appropriate examinations
				(National Written, Practical, and WV State Law);
3.9. Has submitted an application verifying
				the requirements within this section; and
3.10 Possesses a United States or state
				government issued photograph identification card and shall exhibit to the board
				or its authorized representative.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-14 - Waxing Specialist › Section 3-14-4 - Authorized Services by Waxing Specialist

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Waxing specialists shall only perform
				services within the definition of waxing specialist in this rule.
4.2. It is unlawful for any person to wax or
				tweeze or offer to wax or tweeze without a license or certification from the
				Board.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-14 - Waxing Specialist › Section 3-14-5 - Display of Certificate

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Every
				waxing specialist shall display his or her certificate or certificate renewal
				at the station the individual is currently working and shall exhibit the
				certificate to the board or its authorized representative.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-14 - Waxing Specialist › Section 3-14-6 - Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Certifications
				are valid for one (1) year and must be renewed annually on or before January
				1st of each year.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-14 - Waxing Specialist › Section 3-14-7 - Duties of Shop Owners

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Shop owners
				and/or managers are responsible for ensuring that waxing specialists follow all
				provisions under the jurisdiction of the board.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-14 - Waxing Specialist › Section 3-14-8 - Revocation of Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				certification of a waxing specialist may be revoked or suspended by the Board
				for any reason specified herein or otherwise set forthin W. Va. Code §
									30-27-1
				et seq.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-14 - Waxing Specialist › Section 3-14-9 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Those
				persons adversely affected by the enforcement of this rule have the right to
				request a hearing in a manner pursuant to the provisions of W. Va. Code §
									30-27-1
				et seq.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-15 - Waiver of Initial Licensure Fee › Section 3-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for waiving the initial licensing fee for
				low-income individuals and military personnel and their spouses.
1.2. Authority. -- W. Va. Code §
									30-1-23, and W. Va. Code §
				30-27.
1.3. Filing Date. -- May 8,
				2024
1.4. Effective Date. -- May 8,
				2024
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect on August 1,
				2034.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-15 - Waiver of Initial Licensure Fee › Section 3-15-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Board" means
				the West Virginia Board of Barbers and Cosmetologists.
2.2. "Initial" means obtaining a license or
				certification in West Virginia for the practice of barbering, cosmetology,
				aesthetics, nail technology, hair styling, or waxing for the first
				time.
2.3. "Local labor market"
				means every county in West Virginia, and any county outside of West Virginia if
				any portion of that county is within fifty miles of the border of West
				Virginia, pursuant to W.Va. Code §
									21-1C-2.
2.4. "Low-income individual" means an
				individual in the local labor market as defined in W. Va. Code §
									21-1C-2, whose household adjusted
				gross income is below 130 percent of the federal poverty line. This term also
				includes any person enrolled in a state or federal public assistance program
				including, but not limited to, the Temporary Assistance for Needy Families
				Program (TANF), Medicaid, or the Supplemental Nutrition Assistance Program
				(SNAP).
2.5. "Military families"
				means any person who serves as an active member of the armed forces of the
				United States, the National Guard, or a reserve component as described in
				38 U. S. C. §
										101, honorably discharged veterans of those
				forces, and their spouses. This term also includes surviving spouses of
				deceased service members who have not remarried.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-15 - Waiver of Initial Licensure Fee › Section 3-15-3 - Application for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Board may issue a license to an
				applicant who meets the requirements of W. Va. Code §
									30-27-1
et seq
.
				and the rules promulgated by the Board, and the Board shall waive the initial
				licensure fee if the applicant qualifies as a "low-income individual" or as a
				member of one or more "military families" as defined in this rule.
3.2. Low-income individuals, as defined in
				this rule, may seek a waiver of the initial licensure or certification fee for
				licensure or certification as a professional barber, cosmetologist,
				aesthetician, nail technician, hair stylist, or waxing specialist by submitting
				with their complete application a low-income waiver of initial licensure fee
				form, provided by the Board, and all required verification documents as
				prescribed by the Board. The Board shall review the application and issue a
				decision within 30 days of receipt of the complete application.
3.3. Military families, as defined in this
				rule, may seek a waiver of the initial licensure or certification fee for
				licensure as a professional barber, cosmetologist, aesthetician, nail
				technician, hair stylist, or waxing specialist by submitting with their
				complete application a military service verification form, provided by the
				Board, and all required verification documents as prescribed by the Board. The
				Board shall review the application and issue a decision within 30 days of
				receipt of the complete application.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-15 - Waiver of Initial Licensure Fee › Section 3-15-4 - Required Documentation for Waiver of Initial Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Individuals
				requesting a waiver of initial licensing fees for low income or military
				service personnel and their spouses, an applicant shall submit to the Board
				with the application for initial licensure waiver MTLB-LIW or MTLB-MFW form and
				the appropriate documentation as specified in this section.
4.2. To establish low income eligibility for
				an initial licensing fee waiver, an applicant shall submit to the Board
				evidence that the adjusted gross income of the household of the applicant is
				below 130% of the federal poverty level by submitting documentation of
				eligibility for:
4.2.1. Temporary Assistance
				for Needy Families Program;
4.2.2.
				Medicaid;
4.2.3. Supplemental
				Nutrition Assistance Program; or
4.2.4. A Federal Tax Return.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-15 - Waiver of Initial Licensure Fee › Section 3-15-5 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Those
				persons adversely affected by the enforcement of this rule shall have the right
				to request a hearing in a manner pursuant to the provisions of W. Va. Code
				§
									30-27-1
et
				seq
.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-16 - Cosmetology Apprenticeship › Section 3-16-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes a cosmetology apprenticeship.
1.2. Authority. -- W. Va. Code §
									30-27-8(a).
1.3. Filing Date. -- April 11, 2024
1.4. Effective Date. -- April 11,
				2024
1.5. Sunset Provision. -- This
				rule shall terminate and have no further force or effect on August 1,
				2034.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-16 - Cosmetology Apprenticeship › Section 3-16-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Cosmetologist
				Apprentice" means a permitted person seeking to learn cosmetology under a
				permitted licensed cosmetologist.
2.2. "Apprenticeship Provider" means a
				permitted licensed cosmetologist that instructs and is responsible for a
				cosmetologist apprentice during the time of the apprenticeship.
2.3. "Cosmetology Apprenticeship" means the
				program in which a cosmetology apprenticeship provider instructs a
				cosmetologist apprentice in the profession of cosmetology which includes theory
				and practical instruction.
2.4.
				"Paying Customer" means an individual paying for services.
2.5. "Barber" means a person licensed under
				the provisions of W. Va. Code § 30-27 and who engages in the practice of
				barbering.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-16 - Cosmetology Apprenticeship › Section 3-16-3 - Qualifications for a Cosmetologist Apprentice

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. To be eligible to practice as a
				cosmetologist apprentice, an applicant:
3.1.a.
				Must be at least sixteen years of age;
3.1.b. Has a high school diploma, a GED,
				proof of high school enrollment, or has passed the "ability to benefit test"
				approved by the US Department of Education;
3.1.c. Has paid the application
				fee;
3.1.d. Has a certificate of
				health from a licensed physician;
3.1.e. Is a citizen of the United States or
				is eligible for employment in the United States; and
3.1.f. Has submitted completed application to
				the Board.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-16 - Cosmetology Apprenticeship › Section 3-16-4 - Qualifications for an Apprenticeship Provider Offering Cosmetology Apprenticeship

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. To be eligible
				to be a cosmetologist apprenticeship provider, the provider:
4.1.a. Has had an active Cosmetologist
				license in West Virginia for at least five years;
4.1.b. Has worked in a licensed salon/shop in
				West Virginia for the last five years;
4.1.c. Can provide training at a licensed
				salon/shop in West Virginia which has consistent history of satisfactory
				inspections conducted by Board.
4.1.d. Has a Cosmetologist license currently
				in good standing with the Board; and works in a barber shop currently in good
				standing with the Board;
4.1.e. Has
				paid the application fee; and
4.1.f. Has submitted completed application to
				the Board.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-16 - Cosmetology Apprenticeship › Section 3-16-5 - Cosmetologist Apprentice Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. To obtain a cosmetologist license, a
				cosmetologist apprentice:
5.1.a. Shall
				complete 3,600 clock hours of apprenticeship training offered solely by a
				cosmetology apprenticeship provider at a licensed salon/shop or 2,600 clock
				hours by a cosmetology apprenticeship provider at a licensed salon/shop and
				1,000 clock hours with an approved school of cosmetology.
5.1.b. Shall obtain a work permit from the
				Board immediately after completing apprenticeship hours and while waiting to
				take the examination. A work permit can only be issued if the applicant is
				registered for the upcoming examination and can only be renewed once.
5.1.c. Shall use Milady Cosmetology Textbook
				or Pivot Point Cosmetology Textbook, less than 5 years from published date, for
				apprenticeship theory work.
5.1.d.
				Shall successfully pass each chapter review examination with at least a
				70%.
5.1.e. Shall complete
				apprenticeship program within 48 months of commencing studies.
5.1.f. Shall have direct supervision from the
				registered Apprenticeship Provider while performing services.
5.1.g. Shall work with Apprenticeship
				Provider to ensure accurate record keeping including, but not limited to, daily
				hours attended, number of customers serviced, hours spent learning theory, and
				other information to assist with ensuring completion of the apprentice program.
				A Board created and required records form will be issued to apprentice and
				Apprenticeship Provider. Tracking of hours, services, and education progress
				will be indicated on the form.
5.1.h. Shall keep all records on file at the
				salon/shop in which the apprentice is training for inspection by the Board or
				its agents.
5.1.i. Shall have
				access to all records pertaining to his/her apprenticeship within three days of
				request from the Apprenticeship Provider.
5.1.j. Shall submit to questions from Board's
				agent pertaining to sanitation steps and processes used.
5.1.k. Shall submit an application for
				registration for licensure to the Board after completing apprenticeship and
				passing the cosmetology examination.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-16 - Cosmetology Apprenticeship › Section 3-16-6 - Cosmetology Apprenticeship Provider Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. To be an apprenticeship provider, a
				licensed cosmetologist shall:
6.1.a. Promote
				good attendance from apprentice that would ensure completion of the cosmetology
				apprenticeship within 48 months of commencing studies.
6.1.b. Ensure apprentice is professionally
				competent before practicing on a live individual in a licensed
				salon/shop.
6.1.c. Grade and
				oversee completion of theory work and written examinations.
6.1.d. Oversee and check all practical work
				performed during the apprenticeship.
6.1.e. Use Milady Cosmetology Textbook or
				Pivot Point Cosmetology Textbook, less than 5 years from published date, for
				apprenticeship theory work.
6.1.f.
				Keep accurate records to include name of apprentice(s), daily hours attended,
				number of customers serviced, hours spent learning theory, and other
				information to assist with ensuring completion of the apprentice
				program.
6.1.g. Submit monthly
				records on a form created by the Board electronically.
6.1.h. Have no more than one apprentice at
				any time and no more than three apprentices at a salon/shop at any
				time.
6.1.i. Assume professional
				responsibility over apprentice at all times while apprentice is in the
				salon/shop and must have direct supervision over apprentice while apprentice is
				performing services.
6.1.j. Perform
				frequent practical demonstrations for apprentice to include hair, aesthetic,
				and nail practices and techniques commonly used by licensed cosmetologists.
				Demonstrations may be done on paying customers or mannequin.
6.1.k. Submit to inspection of shop,
				apprentice documents, and other required records ensuring compliance with this
				rule and other rules created by the Board.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-16 - Cosmetology Apprenticeship › Section 3-16-7 - Salon/Shop Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Salon/Shop shall have a working hydraulic chair for every apprentice.
7.2. Salon/Shop shall maintain proper
				equipment in good repair and products to perform daily services typically
				offered in a salon/shop which provides hair, aesthetic, and nail
				services.
7.3. Salon/Shop shall
				have and post a sign clearly visible to the public indicating a cosmetologist
				apprentice is on staff and shall have service prices indicating the cost for
				cosmetologist apprentice.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-16 - Cosmetology Apprenticeship › Section 3-16-8 - Barber Requirements for Cosmetology Apprenticeship

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A barber who wants to obtain licensure
				as a cosmetologist through an apprentice program shall:
8.1.a. Submit application to the
				Board;
8.1.b. Pay the applicable
				issuance fee;
8.1.c. Have a West
				Virginia barber license in good standing;
8.1.d. Complete 300 clock hours consisting of
				nail technology, 500 clock hours consisting of aesthetics, and 100 clock hours
				consisting of the "chemicals" course of cosmetology as defined pursuant to W.
				Va. Code §
										30-27-3.
8.1.e. Complete the total 900-hour apprentice
				program within 24 months of commencing studies; and
8.1.f. Sit for the cosmetologist examination
				and must pass within 6 months of completing apprenticeship.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-16 - Cosmetology Apprenticeship › Section 3-16-9 - Revocation of Apprenticeship Provider and Cosmetologist Apprentice Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The permit of
				an Apprenticeship Provider and Cosmetologist Apprentice may be revoked or
				suspended by the Board for any reason specified in W.Va. Code §
									30-27-1
et
				seq
.
West Virginia Code of State Rules › Agency 3 - Barbers And Cosmetologists › Title 3 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF BARBERS AND COSMETOLOGISTS › Series 3-16 - Cosmetology Apprenticeship › Section 3-16-10 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Those
				persons adversely affected by the enforcement of this rule have the right to
				request a hearing in a manner pursuant to the provisions of W.Va. Code §
									30-27-1
et
				seq
.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-01 - Regulation of Chiropractic Practice › Section 4-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1-1.1. Scope. -
				This rule provides for the regulation of the chiropractic profession to protect
				the health, safety and welfare of the public.
1-1.2. Authority. - - W. Va. Code §
									30-16-5.
1-1.3. Filing Date. - - July 25,
				2013.
1-1.4. Effective Date. - -
				July 1,2014.
1-1.5. Repeal and
				Replace. - - This rule repeals and replaces the Board of Chiropractic
				Examiners, 4 C.S.R.1, filed June 9, 2005.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-01 - Regulation of Chiropractic Practice › Section 4-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
1-2.1. "Board"
				means the Board of Chiropractic as established by W. Va. Code §
									30-16-4.
1-2.2. "CCE or its successor" means the
				Council on Chiropractic Education, an accrediting agency recognized by the
				United States Department of Health, Education and Welfare as an agency for
				granting accreditation of chiropractic education.
1-2.3. "Chiropractic Assistant" means a
				health care worker who assists a licensed chiropractor in the provision of
				chiropractic services. A chiropractic assistant shall work under the general
				supervision of a licensed chiropractor in a manner consistent with W. Va. Code
				§
									30-16-1
				et seq., and as further set forth in this rule.
1-2.4. "General supervision" means initial
				instruction as to delegated duties and established protocol followed by
				personal periodic inspection of patient care including periodic evaluation of
				the assistant's performance by the supervising licensed chiropractor. The
				supervising licensed chiropractor need not be present or on the premises at all
				times where the chiropractic assistant is performing delegated
				duties.
1-2.5. "Professional
				Incompetence" means an act or omission which may subject the licensee to
				disciplinary action as it relates to the practice of chiropractic or criminal
				misconduct which reflects on the capacity of the licensee to safely engage in
				the practice of chiropractic.
1-2.6. A "pre-payment plan" is a contract
				between a chiropractor and a patient under which the patient agrees to pay for,
				and the chiropractor agrees to provide, a set number of chiropractic treatments
				in return for a sum certain.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-01 - Regulation of Chiropractic Practice › Section 4-1-4 - Duties of a Licensee

Current through Register Vol. XLI, No. 28, July 12, 2024
1-4.1. A
				licensee shall not engage in clinical conduct outside the scope of chiropractic
				practice. The licensee shall maintain current knowledge of statutes, rules, and
				Board decisions regarding tfie practice of chiropractic.
1-4.1.a. A licensee shall maintain proper
				records on all patients, including family and staff members, and keep the
				records confidential. The records shall include:
1-4.1.a.1. A description of the patient's
				chief complaint;
1-4.1.a.2. A
				history which includes any significant events related to the chief
				complaint;
1-4.1.a.3. A record of
				diagnostic and therapeutic procedures including: an examination and results of
				that examination, a diagnosis; a plan of care; including all therapeutic
				modalities utilized; frequency of treatment; any changes in the plan of care;
				as well as the reasons for changes; and a record of the patient's response to
				treatment; and
1-4-1.a.4. A record
				of standing orders for delegated procedures as a written protocol to be used by
				chiropractic assistants.
1-4.1.a.5.
				A licensee shall release copies of medical records within 10 days of receipt of
				a written request from the patient.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-01 - Regulation of Chiropractic Practice › Section 4-1-5 - Disciplinary Actions

Current through Register Vol. XLI, No. 28, July 12, 2024
1-5.1. A
				licensee shall report a misdemeanor or felony conviction or plea bargain within
				30 days of the conviction or plea not withstanding whether the licensee has
				filed or intends to file an appeal relating to any such conviction or plea. A
				licensee shall again notify the Board within thirty days of any court's
				decision regarding the result of any such appeal. A conviction or plea to a
				misdemeanor or felony charge shall constitute an "adverse action" pursuant to
				W. Va. Code §
									30-16-1
				l(a)(22). The Board shall review the conduct involved in the criminal
				proceedings to determine if the conduct poses a threat to the public and take
				appropriate disciplinary action.
1-5.2. Sexual misconduct may include,
				doctor/patient relations, whether or not initiated by, or consented to, by the
				patient, and engaging in any conduct with a patient that is sexual or may be
				reasonably interpreted as sexual. A licensee shall not use fraud, deception,
				misrepresentation or force forthe purpose of engaging in sexual contact with a
				patient in the clinical setting. Patient consent is not a legal defense. A
				licensee may not have consensual sexual relations with
a
former
				patient until six months after the termination of doctor/patient
				relationship.
1-5.3. A licensee
				shall not engage in clinical activities outside of the scope of chiropractic
				practice.
1-5.4. A licensee may not
				represent to the public, the possession of special skill, training, knowledge,
				equipment or qualifications unless the Board recognizes the training or
				certification on which the representation is based.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-01 - Regulation of Chiropractic Practice › Section 4-1-6 - Advertising

Current through Register Vol. XLI, No. 28, July 12, 2024
1-6.1. False and
				deceptive or misleading advertising is prohibited.
1-6.2. Advertisements offering free or
				discounted services shall include the licensee's usual charge for the service.
1-6.2.a. In the case where a licensee is
				offering any service without charge, the advertisement shall state that there
				is no charge.
1-6.2.b. Diagnostic
				services offered without charge, or at discounted fees such as exams or x-rays,
				shall be medically necessary and sufficient to reach a diagnosis. X-rays shall
				be diagnostically complete.
1-6.2.c. Patients receiving free or
				discounted services shall sign a disclosure statement which clearly describes
				the service, and which informs the patient of services for which there is a
				charge. When the advertisement offers free or discounted services for a period
				of time, the patient shall sign a disclosure statement which clearly states
				when the free or discounted service ends. The disclosure statements are part of
				the patient's medical records, and the licensee shall include them in any
				submission of the claims to the party responsible for bill payment. The
				licensee shall disclose the normal charges for services before services were
				rendered.
1-6.2.d. No licensee may
				engage in, or knowingly authorize others to engage in, solicitation by
				telephone, mail, in-person solicitations or otherwise, which involve undue
				influence coercion, intimidation, misrepresentation, invasion of the privacy of
				the person being contacted, or unreasonable interference in the doctor-patient
				relationship.
1-6.2.e. Solicitation
				which does not involve undue influence, coercion, intimidation,
				misrepresentation, invasion of the privacy of the person being contacted, or
				unreasonable interference in the chiropractic-patient relationship is
				permissible.
1-6.2.f. A licensee
				may not offer consumer solicitations that require an immediate response or a
				response within ten days to an offer at the time of the solicitation.
1-6.2.g. A licensee may not offer free or
				discounted services which exclude or limit certain classifications of
				patients.
1-6.2.h. A licensee shall
				not advertise or offer a service as free or discounted then change or switch
				this advertised service to something different for an additional charge or add
				an additional service for an extra charge during this same office
				visit.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-01 - Regulation of Chiropractic Practice › Section 4-1-7 - Testimonials

Current through Register Vol. XLI, No. 28, July 12, 2024
1-7.1. A licensee
				may use a testimonial for advertising if the basis for the statements in the
				testimonial is documented, signed by the patient, and made part of the
				permanent record.
1-7.2. Before
				testimonials can be used for advertising, the licensee shall inform patients
				that the testimonials are to be used publicly and told how they will be
				used.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-01 - Regulation of Chiropractic Practice › Section 4-1-8 - Abusive Billing Practices

Current through Register Vol. XLI, No. 28, July 12, 2024
1-8.1. A
				licensee shall not engage in fraud, misrepresentation or deception in business
				affairs relating to the practice of chiropractic.
1-8.2. A licensee shall not engage in abusive
				billing practices which include, but are not limited to:
1-8.2.a. Filing claims for services not
				rendered;
1-8.2.b. Filing claims
				which misrepresent the service performed;
1-8.2.c. Filing multiple claims for a single
				service when not required for proper coordination of insurance
				benefits.
1-8.2.d. Failing to
				disclose pertinent information on a claim form; and
1-8.2.e. Increasing charges when a patient
				uses a third party payment program.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-01 - Regulation of Chiropractic Practice › Section 4-1-9 - Pre-Payment Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
1-9.3. Certain
				restrictions shall apply to billing practices involved in pre-payment plans.
1-9.3.a. The sole purpose behind pre-payment
				plans must be to provide, in good faith, an affordable healthcare plan to the
				patient. In offering a pre-payment plan, a chiropractor must, in good faith,
				explain to the patient the scope of the plan, the patient's rights and
				responsibilities under the plan, the cost of the plan, and the treatment that
				will be rendered under the plan.
1-9.3.b. Any contract for a pre-payment plan
				must contain, in writing, the following provisions:
1-9.3.b.1. The pre-payment plan must note the
				severity of pain from which the patient is suffering at the time the patient
				enters into the agreement;
1-9.3.b.2. There shall be a ten (10) day
				period during which the patient may withdraw from the pre-payment plan without
				penalty;
1-9.3.b.3. The pre-payment
				plan shall state specifically and unambiguously the total cost that the patient
				will incur under the plan, as well as an estimate of the total cost that the
				patient would have incurred had the patient sought treatment outside of a
				pre-payment plan;
1-9.3.b.4. The
				pre-payment plan shall specifically describe which chiropractic services are
				included in the plan and which services are excluded. This description shall
				include the time frame and the number of visits that are covered by the plan.
				The plan shall also identify how absences of care will be treated under the
				plan;
1-9.3.b.5. The pre-payment
				plan shall describe how other care shall be handled under the plan if the
				patient has a subsequent injuiy that is covered by insurance;
1-9.3.b.6. The pre-payment plan shall have a
				clear exit provision that identifies the circumstances under which the plan may
				be terminated and how any amounts owed for treatment rendered will be billed to
				the patient;
1-9.3.c. A
				signed copy of the pre-payment plan shall be maintained in the patient's
				treatment file.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-01 - Regulation of Chiropractic Practice › Section 4-1-10 - Unlawful Referral

Current through Register Vol. XLI, No. 28, July 12, 2024
1-10.1. A
				licensee may not receive payment for referral of a patient to or from another
				facility, health care provider, business, or professional entity.
1-10.2. A licensee shall not refer a patient
				to a facility in which he or she has a financial interest, unless the patient
				is informed of the relationship. This prohibition does not include an ownership
				interest in a building in which space is leased to a clinical laboratory,
				pharmacy, or physician at the prevailing rate under a lease arrangement that is
				not conditional upon the income or gross receipts of the clinical laboratory,
				pharmacy, or physician.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-01 - Regulation of Chiropractic Practice › Section 4-1-11 - Unlawful Inducement

Current through Register Vol. XLI, No. 28, July 12, 2024
1-11.1. A
				licensee shall not offer payment to a patient as an inducement to enter or
				continue care.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-01 - Regulation of Chiropractic Practice › Section 4-1-12 - Investigation and Formal Hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
1-12.1. Upon receipt of a complaint or
				report, or knowledge of a violation in W, Va. Code § 30-16-1 et seq. or
				the rules of the Board, the Board may initiate an investigation to determine
				whether probable cause exists to substantiate charges. The Board shall give
				initial notice to the licensee which shall include:
1-12.1.a. Notice that the Board has received
				a complaint, report, or knowledge of a possible act of misconduct;
1-12.1.b. The name of the complainant and a
				simple statement of the allegations which form the basis of the complaint;
				and
1-12.1.c. A request for a
				written response from the licensee.
West Virginia Code of State Rules › Agency 4 - Chiropractic Examiners › Title 4 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF CHIROPRACTIC EXAMINERS › Series 4-01 - Regulation of Chiropractic Practice › Section 4-1-13 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
1-13.1. The
				licensee may appeal a final Board decision to a circuit court of proper
				jurisdiction as provided in W. Va. Code §
									30-1-9.