Current through Register Vol. 41, No. 3, September 23, 2024
A. Any
individual wishing to engage in body piercing shall obtain a license in
compliance with § 54.1-703 of the Code of Virginia and meet the following
qualifications:
1. The applicant shall be in
good standing as a body piercer in every jurisdiction where licensed,
certified, or registered. The applicant shall disclose to the board at the time
of application for licensure any disciplinary action taken in Virginia or any
other jurisdiction in connection with the applicant's practice as a body
piercer. 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 has been
previously licensed in Virginia as a body piercer.
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 body piercing and
body piercing ear only. 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 body-piercing 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 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 provide evidence satisfactory to the board that the applicant
has passed the board-approved examination, administered either by the board or
by a designated testing service.
B. Eligibility to sit for board-approved
body-piercer examination.
1. Training in the
Commonwealth of Virginia. Any person completing an approved body-piercing
apprenticeship program in a Virginia licensed body-piercing salon shall be
eligible to sit for the examination.
2. Training outside of the Commonwealth of
Virginia, but within the United States or jurisdiction of the United States.
Any person completing a body-piercing training or apprenticeship 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
successful completion of training or apprenticeship to be eligible for
examination. If less than required hours of body-piercing training or
body-piercing apprenticeship was completed, an applicant must submit (i)
documentation acceptable to the board verifying the completion of a
substantially equivalent body-piercing training or body-piercing apprenticeship
or documentation of three years of work experience within the preceding five
years as a body piercer and (ii) documentation of completion of a minimum of
five hours of health education to include (a) bloodborne disease,
sterilization, and aseptic techniques related to body piercing; (b) first aid;
and (c) CPR that is acceptable to the board in order to be eligible for
examination.
C. In order
to receive a license as a body piercer ear only, an applicant must meet the
following qualifications:
1. The applicant
shall have completed a minimum of three hours of health education to include
bloodborne disease and first aid that is acceptable to the board and provide
verification of training on a mechanized, presterilized ear-piercing system
that penetrates the outer perimeter or lobe of the ear or both and aftercare of
piercing.
2. The applicant shall be
in good standing in every jurisdiction where licensed, certified, or
registered. The applicant shall disclose to the board at the time of
application for licensure any disciplinary action taken in another jurisdiction
in connection with the applicant's licensed, certified, or registered practice.
The applicant shall disclose to the board at the time of application for
licensure whether he has been previously licensed in Virginia in any profession
regulated by the board.
3. The
applicant shall disclose the applicant's physical address. A post office box is
not acceptable.
4. The applicant
shall sign, as part of the application, a statement certifying that the
applicant has read and understands the Virginia body-piercing license laws and
the board's body-piercing regulations.
5. 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 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.
Statutory Authority: § 54.1-201 of the Code of
Virginia.
