Current through Register Vol. 41, No. 3, September 23, 2024
A. Any individual wishing to engage in
barbering, cosmetology, nail care, or waxing shall obtain a license in
compliance with § 54.1-703 of the Code of Virginia and shall meet the
following qualifications:
1. The applicant
shall be in good standing as a licensed barber, master barber, cosmetologist,
nail technician, or wax technician in Virginia and all other jurisdictions
where licensed. The applicant 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 practice as a barber,
master barber, cosmetologist, nail technician, or wax technician. This 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 he has been previously licensed in Virginia as a barber, master
barber, cosmetologist, nail technician, or wax technician.
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 barbering,
cosmetology, nail care, or waxing. 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 section. 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 barber and cosmetology 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 subsection. 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 independent examiners.
B. Eligibility to sit for board-approved
examination.
1. Training in the Commonwealth
of Virginia. Any person completing an approved barber, master barber,
cosmetology, nail technician, or wax technician training program in a Virginia
licensed barber, cosmetology, nail technician, or wax technician school,
respectively, or a Virginia public school's barber, master barber, cosmetology,
nail technician, or wax technician program approved by the Virginia Department
of Education shall be eligible for examination.
2. Training outside of the Commonwealth of
Virginia, but within the United States and its territories. Any person
completing a barber, master barber, cosmetology, nail care, or waxing training
program that is substantially equivalent to the Virginia program but is outside
of the Commonwealth of Virginia must submit to the board documentation of the
substantially equivalent training to be eligible for examination. Applicants
who completed a training program that is not substantially equivalent to
Virginia's training, including out of country training, may substitute five
years of work experience for training. Applicants should provide their work
history demonstrating five years of experience as a licensed barber, master
barber, cosmetologist, nail technician, or wax technician in any other state or
jurisdiction of the United States on a form provided by the board.
Statutory Authority: § 54.1-201 of the Code of
Virginia.
