DPOR Board of Barbers and Cosmetology Guidance Documents
Guidance Document: Assessment of a Student’s Competence in Esthetics
Section 18 VAC 41-70-190.D
February 11, 2013
On February 11, 2013, the Board issued the following guidance:
A licensed esthetics school with an approved esthetics program conducting an assessment of a student’s competence in esthetics, may utilize documentation of hours and performances provided
to the student by a school, as provided for in Section 18 VAC 41-70-230, in addition to the successful completion of a board-
approved competency examination administered by the school when giving credit towards the requirements specified in
subsections B & C of Section 18 VAC 41-70-190, and subsections A & B of Section 18 VAC 41-70-200.
This guidance document is intended to assist its licensees and the public in understanding and applying the Board
for Barbers and Cosmetology regulations. The law that governs the respective professions can be found in the Code
of Virginia, 1950, as amended, in Title 54.1, Chapter 7. Regulations in electronic format can be found online at
www.dpor.virginia.gov. The Board for Barbers and Cosmetology can be reached by phone at (804) 367-8509 or by
email at email@example.com.
Assessment of Esthetics Students - PDF
Guidance Document: Non-Traditional Classroom Instruction
February 8, 2016
In accordance with 18 VAC 41-20-200, 18 VAC 41-40-190, 18
VAC 41-50-230, and 18 VAC 41-70-180 schools shall submit its
curricula for Board approval and shall conduct classroom instruction
in an area separate from the clinic area where practical instruction is
conducted and services are provided.
The Board is providing the following guidance in the interpretation
or implementation of the aforementioned regulations.
Schools may offer, at the Board’s discretion, non-traditional or
‘online’ instruction provided that the school has demonstrated, in a
manner and format prescribed and acceptable to the Board, that:
- Only the ‘general’ or ‘intro’ portions of the curriculum which are
common across all professions (as noted below) regulated by the
Board may be offered online. All other theory instruction must be
obtained in a traditional brick and mortar classroom setting.
- School Policies
- State laws and regulations
- Health and safety
- Personal hygiene
- Sanitation and Sterilization
- Salon/Shop/Parlor Management
- Analyzing skin or scalp conditions
- Client Consultation
- Care of equipment
- The school provides sufficient information to show it utilizes
technologies and practices that are effective in verifying the identity
of distance-learning students who participate in class or coursework
(such as a secure login and pass code) while protecting student
- The curriculum package submitted for Board approval is equal in
content and thoroughness to that required of a traditional classroom
- There is a measure of competency (examination) of the
information the student is taught online which shall be completed in
a traditional brick and mortar classroom.
- Programs approved under this document will be referred to as
“blended online” programs.
Non-Traditional Classroom Instruction - PDF
Guidance Document: Barber and Cosmetology Endorsement –
Endorsement Candidate from States Offering Only One Licensing Exam
November 17, 2014
Interpretation of whether the requirement in 18 VAC 41-20-30 that
endorsement applicants must have completed a written and practical
examination allows applicants from states with only one licensing
exam to take the other exam in Virginia and still qualify for licensure
On November 17, 2014, the Board issued the following guidance: An
individual applying for licensure by endorsement under 18 VAC 41-20-
30 whose state only utilizes one licensing exam (written or practical)
may take the other exam (written or practical) in Virginia to qualify for
Endorsement Candidate from States Offering Only One Licensing Exam - PDF
GUIDELINES: Evaluation of Petitions for Regulation
TABLE OF CONTENTS
The Board for Professional and Occupational Regulation (the Board) established these
guidelines for reviewing the proposed regulation of professions and occupations in order to
inform interested parties of the Board’s statutory authority and its approach toward conducting
studies and evaluations.
The Board initially developed study guidelines as the result of a recognized need to document
best practices and procedures used in prior studies. BPOR originally incorporated portions of
the Policies and Procedures for the Evaluation of the Need to Regulate Health Occupations and
Professions (1998), issued by the Virginia Board for Health Professions, into those guidelines.
The Board updated its guidelines for the Department of Professional land Occupational
Regulation (DPOR) in September 2016, to reflect changes made when the General Assembly
enacted Chapter 467 during the 2016 Session.
STANDARDS FOR REGULATION
Section 54.1-310 of the Code of Virginia (Code) provides the statutory authority for the Board
to evaluate and make recommendations to the Governor, General Assembly, and DPOR
Director on matters of professional and occupational regulation, as well as propose
administrative systems to accomplish the necessary degree of regulation.
The legislature, however, is the sole entity empowered to make the final determination over
whether a profession or occupation warrants regulation, pursuant to subsection A of § 54.1-
311. Only upon approval from the General Assembly can a profession be regulated, with
enabling legislation specifying the degree of regulation and the overall regulatory framework to
administer the program (e.g., board, advisory committee, registry).
The Commonwealth’s philosophy on the regulation of professions and occupations is that: The
occupational property rights of an individual may be abridged only to the extent necessary to
protect the public. Section 54.1-100 clearly enumerates the overarching principle to guide the
Board’s approach to all reviews of professional and occupational regulation:
The right of every person to engage in any lawful profession, trade, or
occupation of his choice is clearly protected by both the Constitution of the
United States and the Constitution of the Commonwealth of Virginia. The
Commonwealth cannot abridge such rights except as a reasonable exercise of its
police powers when (i) it is clearly found that such abridgement is necessary for
the protection or preservation of the health, safety, and welfare of the public and
(ii) any such abridgement is no greater than necessary to protect or preserve the
public health, safety, and welfare.
Before the Commonwealth can interfere with an individual’s right to engage freely in their
chosen field, the Code states that all four of the following pre-conditions must be satisfied in
order to justify the exercise of the state’s police powers:
- The unregulated practice of a profession or occupation can harm or endanger
the health, safety or welfare of the public, and the potential for harm is
recognizable and not remote or dependent upon tenuous argument;
- The practice of the profession or occupation has inherent qualities peculiar to
it that distinguish it from ordinary work or labor;
- The practice of the profession or occupation requires specialized skill or
training and the public needs, and will benefit by, assurances of initial and
continuing professional and occupational ability; and
- The public is not effectively protected by other means.
The following Criteria and Procedures used to guide the Board in its studies are derived from
the clear guidance codified by the General Assembly, provided in their entirety in Appendix A
Based on the parameters enumerated in § 54.1-311, and informed by the Commonwealth’s
philosophical predisposition toward public protection, the Board adopts the following criteria to
guide its evaluations. Appendix B provides additional factors to consider for each standard, as
well as sample questions to assist with data collection.
- Risk for Harm to the Consumer—The unregulated practice of the profession or
occupation will harm or endanger the public’s health, safety or welfare. The harm is
recognizable and not remote or dependent on tenuous argument. The harm results from:
- practices inherent in the occupation,
- characteristics of the clients served
- the setting or supervisory arrangements for the delivery of services, or
- any combination of these factors.
- Specialized Skills and Training—The practice of the profession or occupation requires
specialized education and training, and the public needs assurance of competence.
- Autonomous Practice—The functions and responsibilities of the practitioner require
independent judgment, and the members of the occupational group practice autonomously.
- Scope of Practice—The scope of practice is distinguishable from other licensed, certified,
and registered professions and occupations.
- Economic Impact—The economic cost(s) to the public of regulating the occupational
group are justified. Such costs may result from restriction of the supply of practitioners, as
well as expense associated with administration of regulatory boards or agencies.
- Alternatives to Regulation—No alternatives to state regulation of the profession or
occupation exist that adequately protect the public. Examples of methods to address the
risk for public harm that do not require professional regulation include inspections,
injunctions, disclosure requirements, and the strengthening of consumer protection laws
- Least Restrictive Regulation—If it is determined that state regulation of the occupation or
profession is necessary, only the least restrictive level of occupational regulation consistent
with public protection will be recommended to the Governor, the General Assembly and
Application of criteria
In conducting studies, the Board will evaluate requests for regulating a professional or
occupational group by assessing the criteria against the potential degrees of regulation, from least
restrictive (registration) to most restrictive (licensure). The following outline delineates the
characteristics of registration, certification, and licensure, and criteria applicable to each category.
Registration. Registration requires only that an individual or entity file his name,
location, and possibly background information with the Commonwealth. No entry
standard is typically established for a registration program.
- RISK POTENTIAL: Low, though consumers need to know that redress is possible.
- SKILL & TRAINING: Variable; can be differentiated from ordinary work or labor.
- AUTONOMY: Variable.
- SCOPE OF PRACTICE: N/A
APPLICATION OF CRITERIA: Criteria 4, 5 and 6 must be met.
Certification. Certification by the state is a form of voluntary regulation, also known as
"title protection." No scope of practice is reserved to a particular group; rather, only those
individuals who meet certification standards (generally defined in terms of education and
minimum competencies that can be measured) may use the protected title.
- RISK POTENTIAL: Moderate; attributable to the nature of the practice, consumer
vulnerability, or practice setting and level of supervision.
- SKILL & TRAINING: Specialized; can be differentiated from ordinary work.
Individual must complete specific education, experience, or examination
- AUTONOMY: Variable. Some independent decision-making; majority of practice
actions directed or supervised by others.
- SCOPE OF PRACTICE: Definable in legally enforceable terms.
APPLICATION OF CRITERIA: Criteria 1 through 6 must be met.
Licensure. Licensure is mandatory and the most restrictive form of professional
regulation. State licensure typically confers a monopoly upon a specific profession or
occupation within a well-defined scope of practice. It generally involves the statutory
delineation of practice reserved to a select group based on unique, identifiable, minimal
competencies deemed necessary to protect the public.
- RISK POTENTIAL: High; attributable to the nature of the profession or occupation.
- SKILL & TRAINING: Highly specialized education required.
- AUTONOMY: High; practices independently with little or no direct supervision.
- SCOPE OF PRACTICE: Definable in legally enforceable terms.
APPLICATION OF THE CRITERIA: Criteria 1 through 6 must be met.
Alternatives. In cases where the Board identifies a potential risk to an unregulated
profession or occupation, but other criteria is insufficient to substantiate that licensure,
certification, or registration are appropriate remedies, other recommendations may be
warranted. In accordance with Criteria 6 and 7, the Board must consider less restrictive
means to protect the public’s health, safety, and welfare than interfering in the
occupational property rights of individuals.
During the 2016 Session, the General Assembly passed legislation prescribing a process for
objective assessment of proposals to regulate currently unregulated professions or occupations
(House Bill 499, sponsored by Delegate Yancey).
Who may request a study?
Petitions for the Board to conduct a study must be submitted in accordance with the process
outlined in § 54.1-310.1, summarized below:
- Request for evaluation must be received by the Board no later than December 1, and be
filed with a statement of support by either:
Request for evaluation shall include, at a minimum:
- at least 10 members of the professional or occupational group for which regulation
is being sought, or
- at least 10 individuals who are not affiliated with such professional or occupational
- A description of the professional or occupational group proposed for regulation;
- A list of associations, organization, and other groups representing the practitioners
of such group proposed for regulation, and an estimate of the number of
practitioners in the Commonwealth from each group;
- A definition of the problems to be solved by the proposed regulation of the
professional or occupational group and the reasons why such regulation is
- Reasons why registration, certification, licensure, or other type of regulation is
being proposed and why that regulatory alternative was chosen;
- Benefit(s) to the public that would result from the proposed regulation of such
professional or occupational group;
- Cost(s) associated with the proposed regulation, to practitioners of the group to be
regulated as well as to the public; and
- A description of what type of criteria might disqualify an applicant from approval
for certification, licensure, or renewal (e.g., education, experience, examination,
other entry requirements) and how such anticipated disqualifications serve public
safety or commercial or consumer protection interests.
Provided a request satisfies the statutory requirements of subsections A, B, and C of § 54.1-
310.1, the Board shall complete its analysis and evaluation no later than November 1 of the
year following the request submission, and issue a report on its findings to the appropriate
The Board may decline to conduct a review only if it (1) issued a report on the requested
professional or occupational group within the immediately preceding three years and (2) finds
no information in the newly submitted request that would cause a change in the prior report’s
How is a study conducted?
Pursuant to subsection D of § 54.1-310.1, upon receipt of a petition for regulation that satisfies
all statutory requirements, the Board shall conduct its analysis based on the Criteria above, as
derived from § 54.1-311.
The Board adopts a work plan specific to each study, detailing the background for the
evaluation, its scope, and the specific methodology to be employed. Generally, in addition to
the Criteria, work plans include a comprehensive review of the relevant literature such as:
- Job analyses to identify the knowledge, skills, and abilities that define a profession and distinguish it from related professions;
- Laws and regulations of other jurisdictions;
- Insurance rates and the extent of coverage based upon their actuarial assessment
of the risk posed by the insured group;
- Civil suits, assessments of the type of work and work settings involved in practice, and evaluations of similar professions’ claim histories, among other factors; and
- Data commonly used to develop credentialing examinations.
Job analysis and insurance rate data, in particular, are selected because (1) they are generally
readily available; (2) most occupations and professions have professionally developed
examinations based on job analyses, and (3) most professions have insurance. Moreover, the
sources can be considered relatively objective because they were designed for purposes other
than to promote regulation of the profession or occupation. Finally, job analyses and actuarial
risk predictions each offer specific insight into the level of potential harm to consumers, as
well as a more thorough understanding of what comprises the necessary entry-level
competencies to practice the profession.
The work plan also provides opportunities for the Board to receive public comment. In some
instances, additional information is gathered through surveys of practitioners, regulatory
boards in other states, or other parties knowledgeable about the issues germane to the
profession or occupation.
After adoption of the work plan by the Board, staff prepares a draft report based on the
research and data gathered from identified sources. The Board then reviews, edits as necessary
and issues its findings on whether the public interest requires the requested professional or
occupational group be regulated.
What happens to the results?
No later than November 1 of the year following the request submission, the study report
(including findings and recommendations) is submitted to the requesting group, the DPOR
Director, the Governor, the House Committee on General Laws, the Senate Committee on
General Laws and Technology, and the Joint Commission on Administrative Rules.
Staff also posts the report on the DPOR website and disseminates copies to interested parties
APPENDIX A | Statutory Authority
§ 54.1-310. Powers and duties of Board.
- The Board shall have the following powers and duties:
- Provide a means of citizen access to the Department.
- Provide a means of publicizing the policies and programs of the Department in order to
educate the public and elicit public support for Department activities.
- Monitor the policies and activities of the Department and have the right of access to
- Advise the Governor and the Director on matters relating to the regulation of professions
- Promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et
seq.) necessary to carry out its responsibilities.
- Evaluate constantly each profession and occupation in the Commonwealth not otherwise
regulated for consideration as to whether such profession or occupation should be regulated
and, if so, the degree of regulation that should be imposed. Whenever it determines that the
public interest requires that a profession or occupation which is not regulated by law should
be regulated, the Board shall recommend to the General Assembly next convened a regulatory
system accompanied by comprehensive regulations necessary to conduct the degree of
- Upon the regulation of a profession or occupation as set forth in subsection A, the Board shall
have the power and duty to promulgate supplemental regulations necessary to effectuate the
purposes and intent of this chapter and to establish regulatory boards to administer the system of
regulation and the regulations recommended by the Board and approved by the General
§ 54.1-310.1. Petitions for regulation; review by Board; report.
- Any professional or occupational group or organization, any person, or any other interested party that proposes the regulation of any unregulated professional or occupational group shall submit a request to the Board no later than December 1 of any year for analysis and evaluation during the following year.
- The Board shall review the request only when filed with a statement of support for the proposed regulation signed by at least 10 members of the professional or occupational group for which regulation is being sought or at least 10 individuals who are not members of the professional or occupational group.
- The request shall include, at a minimum, the following information:
- A description of the group proposed for regulation, including a list of associations, organizations, and other groups representing the practitioners in the Commonwealth, and an estimate of the number of practitioners in each group;
- A definition of the problems to be solved by regulation and the reasons why regulation is necessary;
- The reasons why registration, certification, licensure, or other type of regulation is being proposed and why that regulatory alternative was chosen;
- The benefit to the public that would result from the proposed regulation;
- The cost of the proposed regulation; and
- A description of any anticipated disqualifications on an applicant for certification, licensure, or renewal and how such disqualifications serve public safety or commercial or consumer protection interests.
- Upon receipt of a request submitted in accordance with the requirements of subsection C, the Board shall conduct an analysis and evaluation of any proposed regulation based on the criteria enumerated in § 54.1-311.
- The Board may decline to conduct a review only if it:
- Previously conducted an analysis and evaluation of the proposed regulation of the same professional or occupational group;
- Issued a report not more than three years prior to the submission of the current proposal to regulate the same professional or occupational group; and
- Finds that no new information has been submitted in the request that would cause the Board to alter or modify the recommendations made in its earlier report on the proposed regulation of the professional or occupational group.
- The Board shall submit a report with its findings on whether the public interest requires the requested professional or occupational group be regulated to the House Committee on General Laws, the Senate Committee on General Laws and Technology, and the Joint Commission on Administrative Rules no later than November 1 of the year following the request submission.
§ 54.1-311. Degrees of regulation.
- Whenever the Board determines that a particular profession or occupation should be regulated, or that a different degree of regulation should be imposed on a regulated profession or occupation, it shall consider the following degrees of regulation in the order provided in subdivisions 1 through 5. The Board shall regulate only to the degree necessary to fulfill the need for regulation and only upon approval by the General Assembly.
- Private civil actions and criminal prosecutions. -- Whenever existing common law and statutory causes of civil action or criminal prohibitions are not sufficient to eradicate existing harm or prevent potential harm, the Board may first consider the recommendation of statutory change to provide more strict causes for civil action and criminal prosecution.
- Inspection and injunction. -- Whenever current inspection and injunction procedures are not sufficient to eradicate existing harm, the Board may promulgate regulations consistent with the intent of this chapter to provide more adequate inspection procedures and to specify procedures whereby the appropriate regulatory board may enjoin an activity which is detrimental to the public well-being. The Board may recommend to the appropriate agency of the Commonwealth that such procedures be strengthened or it may recommend statutory changes in order to grant to the appropriate state agency the power to provide sufficient inspection and injunction procedures.
- Registration. -- Whenever it is necessary to determine the impact of the operation of a profession or occupation on the public, the Board may implement a system of registration.
- Certification. -- When the public requires a substantial basis for relying on the professional services of a practitioner, the Board may implement a system of certification.
- Licensing. -- Whenever adequate regulation cannot be achieved by means other than licensing, the Board may establish licensing procedures for any particular profession or occupation.
- In determining the proper degree of regulation, if any, the Board shall determine the following:
- Whether the practitioner, if unregulated, performs a service for individuals involving a hazard to the public health, safety or welfare.
- The opinion of a substantial portion of the people who do not practice the particular profession, trade or occupation on the need for regulation.
- The number of states which have regulatory provisions similar to those proposed.
- Whether there is sufficient demand for the service for which there is no regulated substitute and this service is required by a substantial portion of the population.
- Whether the profession or occupation requires high standards of public responsibility, character and performance of each individual engaged in the profession or occupation, as evidenced by established and published codes of ethics.
- Whether the profession or occupation requires such skill that the public generally is not qualified to select a competent practitioner without some assurance that he has met minimum qualifications.
- Whether the professional or occupational associations do not adequately protect the public from incompetent, unscrupulous or irresponsible members of the profession or occupation.
- Whether current laws which pertain to public health, safety and welfare generally are ineffective or inadequate.
- Whether the characteristics of the profession or occupation make it impractical or impossible to prohibit those practices of the profession or occupation which are detrimental to the public health, safety and welfare.
- Whether the practitioner performs a service for others which may have a detrimental effect on third parties relying on the expert knowledge of the practitioner.
APPENDIX B | Supplemental Questions to Address Criteria
- Risk for Harm to the Consumer.
Specialized Skills and Training.
- Provide a description of the typical functions performed and services provided by members of this occupational group.
- Has the public actually been harmed by unregulated providers or by providers who are regulated in other states? If so, how is the evidence of harm documented (i.e., court case or disciplinary or other administrative action)? Was it physical, emotional, mental, social, or financial?
- If no evidence of actual harm is available, what aspects of the group¡¦s practice constitute a potential for harm?
- To what can the harm be attributed? Elaborate as necessary.
- lack of skills
- lack of knowledge
- lack of ethics
- lack of supervision
- practices inherent in the occupation
- characteristics of the clients being served
- characteristics of the practice setting
- other (specify)
- Does a potential for fraud exist because of the inability of the public to make an informed choice in selecting a competent practitioner?
- Is the public seeking regulation or greater accountability of this group?
- What are the educational or training requirements for entry into this occupation? Are these programs accredited? By whom?
- Are sample curricula available?
- Are there training programs in Virginia?
- If no programs exist in Virginia, what information is available on programs elsewhere that prepare practitioners for practice in the Commonwealth? What are
the minimum competencies (knowledge, skills, and abilities) required for entry into the profession? How were they derived?
- Are there national, regional, and/or state examinations available to assess entry-level competency?
- Who develops and administers the examination?
- What content domains are tested?
- Are the examinations psychometrically sound, in keeping with The Standards for Educational and Psychological Testing?
- Are there requirements and mechanisms for ensuring continuing competence? For example, are there mandatory education requirements, re-examination, peer review, practice audits, institutional review, practice simulations, or self-assessment models?ƒæ Why does the public require state assurance of initial and continuing competence? What assurances does the public have already through private credentialing or certification or institutional standards, etc.?
- Are there recognized or emerging specialties (or levels or classifications) within the occupational grouping? If so:
- What are these specialties?
- How are they recognized? (by whom and through what mechanisms, e.g., specialty certification by a national association, society or other organization?)
- What are the various levels of specialties in terms of the functions or services performed by each?
- How can the public differentiate among these levels or specialties for classification of practitioners?
- Is a "generic" regulatory program appropriate, or should classifications (specialties/levels) be regulated separately (e.g., basic licensure with specialty certification)?
Scope of Practice.
- Which functions typically performed by this practitioner group are unsupervised (i.e., neither directly monitored nor routinely checked)?
- What proportion of the practitioner¡¦s time is spent in unsupervised activity?
- Who is legally accountable/liable for acts performed with no supervision?
- Which functions are performed only under supervision?
- Is the supervision direct (i.e., the supervisor is on the premises and responsible) or general (i.e., supervisor is responsible but not necessarily on the premises)?
Who provides the supervision? How frequently? Where? For what purpose?
- Who is legally accountable/liable for acts performed under supervision?
- Is the supervisor a member of a regulated profession (please elaborate)?
- What is contained in a typical supervisory or collaborative arrangement protocol?
- Does the practitioner of this occupation supervise others? Describe the nature of this supervision (as above).
- What is a typical work setting like, including supervisory arrangements and interaction of the practitioner with other regulated/unregulated occupations and professions?
- Does this occupational group treat or serve a specific consumer population?
- Are consumers referred to this occupational group for services? If so, by whom? Describe a typical referral mechanism.
- Are consumers referred from this occupational group for services? If so, to what practitioners are such referrals made? Describe a typical referral mechanism.
- How and on what basis are decisions to refer made?
- Which functions of this occupation are similar to those performed by other occupational groups?
- Which group(s)?
- Are the other groups regulated by the state?
- If so, why might the applicant group be considered different?
- Which functions of this occupation are distinct from other similar occupational groups?
- Which group(s)?
- Are the other groups regulated by the state?
- How will the regulation of this occupational group affect the scope of practice, marketability, and economic status of the other, similar groups (whether regulated or unregulated)?
Alternatives to Regulation.
- What are the range and average incomes of members of this occupational group in the Commonwealth? In adjoining states? Nationally?
- What are the typical current fees for services provided by this group in the Commonwealth? In adjoining states? Nationally?
- Is there any evidence that cost for services provided by this occupational group will increase if the group becomes state regulated? In other states, have there been any effects on fees/salaries attributable to state regulation?
- Would state regulation of this occupation restrict other groups from providing services given by this group?
- Are any of the other groups able to provide similar care at lower costs?
- How is it that this lower cost is possible?
- Are there current shortages/oversupplies of practitioners in Virginia? In the region? Nationally?
Least Restrictive Regulation
- What laws or regulations currently exist to govern:
- Facilities in which practitioners practice or are employed?
- Standards or practice?
- Does the occupational group participate in a nongovernmental credentialing program, either thorough a national certifying agency or professional association.
- How are the standards set and enforced in the program?
- What is the extent of participation of practitioners in the program?
- Does a Code of Ethics exist for this profession?
- What is it?
- Who established the Code?
- How is it enforced?
- Is adherence mandatory?
- Does any peer group evaluation mechanism exist in Virginia or elsewhere? Elaborate.
- How is a practitioner disciplined and for what causes? Violation of standards of care? Unprofessional conduct? Other causes?
- Do any other means exist within the occupational group to protect the consumer from negligence or incompetence (e.g., insurance, review boards that handle complaints)? How are challenges to a practitioner¡¦s competency handled?
- Should the occupation or profession be regulated?
- If so, what is the most appropriate level of regulation?
Guideline for Petitons PDF
Guidance Document: Barber, Cosmetology, Esthetics School Locations Interpretation of Location
November 14, 2016
Interpretation of what the requirement in 18 VAC 41-20-200.1 and 18 VAC 41-70-180.1 that schools hold a license for each and every location means:
On November 14, 2016, the Board issued the following guidance: For the purposes of schools with multiple suites or classrooms, a single location is one that is enclosed under one roof and all classrooms/suites are within 500 feet of the main office. Any suites or classrooms that are located in a different building or are further than 500 feet from the main office are considered a separate location, and require the school hold an additional license.
School Location PDF
Guidance Document: License Required for Certain Procedures
May 7, 2018
Interpretation of what license is required to perform certain procedures under Code of Virginia §54.1-700 et. seq. , re: Eyelash Extensions, Microblading, Microneedling, Chemical Exfoliation
Applying eyelashes, as referenced in §54.1-700, refers to applying any natural or synthetic extension to an individual’s natural eyelashes. This practice may be known as eye tabbing or eyelash extensions. These services require a cosmetology or esthetics license.
Strip, band, or bundle eyelashes, which adhere to the skin, are services that are ancillary to makeup, and exempted under §54.1-701.10.
Microblading, also called eyebrow embroidery, refers to the application of a semi-permanent ink to the skin of the eyebrow. This practice, when performed with a needle or group of needles, requires a tattooing or permanent cosmetic tattooing license. Microblading performed with a scalpel is beyond the scope of licensure and should not be performed by a licensee of the Board.
Microneedling, also known as dermarolling, is the use of needles designed to pierce the skin for the purpose of collagen production or cellular renewal. This practice is beyond the scope of licensure and should not be performed by a licensee of the Board.
Chemical exfoliation is the removal of dead skin cells and/or the intercellular matrix through the use of chemicals. The Code of Virginia 54.1-700 defines master esthetician as “a licensed esthetician who, in addition to the practice of esthetics, offers to the public for compensation, without the use of laser technology, lymphatic drainage, chemical exfoliation, or microdermabrasion….” Chemical exfoliation requires a master esthetician license. As such, estheticians may not use chemicals, including the chemicals listed in 18VAC 41-70-250.B, to remove dead skin cells or the intercellular matrix in the skin without holding a master esthetician license.
License Required for Certain Procedures PDF
Guidance Document: Esthetics –
Cleaning Multiuse Items That Cannot Be Immersed
May 8, 2017
Interpretation of how to cleanse multiuse articles, tools, or products that cannot be immersed in light of 18 VAC 41-70-270.D.1, prohibiting multiuse items which cannot be cleansed.
While 18 VAC 41-70-270.A.2 requires multiuse items to be fully immersed during the disinfection process, certain multiuse articles, tools, or products cannot be fully immersed without damaging the item. Multiuse items that cannot be fully immersed without damaging the item should be cleaned according to manufacturer’s recommendation.
Any multiuse items that cannot be disinfected by full immersion as specified in 18 VAC 41-70-270.A.2 or cleaned according to manufacturer’s recommendation is prohibited from use per 18 VAC 41-70-270.D.1.
Cleaning Multi-use Items PDF
Guidance Document: Approved Health Education Certifying Agencies
May 8, 2017
The following health education (as referred to in 18 VAC 41-50, including limited term tattooers, and 18 VAC 41-60) is deemed acceptable to the Board. Documentation verifying course completion shall bear the name of the individual as it appears on the application or license as well as the name of the Board approved certifying agency.
Content delivery requirements:
Adult CPR – no more than ½ the content delivered online; ½ in person/classroom
First Aid – no more than ½ the content delivered online; ½ in person/classroom
Bloodborne Pathogens – may be in person or online
Board approved courses are listed below:
American Heart Association
Emergency Care and Safety Institute
American Safety and Health Institute (ASHI)
Medic First Aid
American Red Cross
National Safety Council
Pro Trainings (Pro CPR)
Emergency First Response
International Board of Medicine and Surgery
Body Art Training Group
Currently Certified Virginia Emergency Medical Technician (VDH)
*Other courses not currently listed, may be submitted to the Board for consideration as an approved provider, but will not necessarily be approved to qualify towards licensure requirements.
Health Education Agencies PDF
Guidance Document: Endorsement Applicants Not Eligible for Temporary Permits
November 6, 2017
Interpretation of whether 18 VAC 41-20-90 – Barber, cosmetology, nail technician, and wax technician temporary permits, or 18 VAC 41-70-70 – Esthetician Temporary Permits, allow endorsement applicants to receive temporary permits.
18 VAC 41-20-90 and 18 VAC 41-70-70 allow for temporary licenses to be issued to applicants for initial licensure that the Board finds eligible to sit of the exam. Because endorsement candidate already have a license and they are not applicants by examination, they are not eligible for temporary permits.
Endorsement Applicants Not Eligible for Temporary Permits - PDF
Guidance Document: Chemical Exfoliation
May 7, 2018
Definition of Chemical Exfoliation and interpretation of what license is required to use chemical exfoliants under Code of Virginia §54.1-700 et. seq.
Chemical exfoliation is the removal of dead skin cells and/or the intercellular matrix through the use of chemicals.
Chemical exfoliation requires a master esthetician license. The Code of Virginia 54.1-700 defines master esthetician as “a licensed esthetician who, in addition to the practice of esthetics, offers to the public for compensation, without the use of laser technology, lymphatic drainage, chemical exfoliation, or microdermabrasion….” As such, estheticians may not use chemicals, including the chemicals listed in 18VAC 41-70-250.B, to remove dead skin cells or the intercellular matrix in the skin without holding a master esthetician license.
Chemical Exfoliation - PDF
Application Review Matrix
May 7, 2018
The following convictions will not be reviewed by the Board*:
- Felony convictions more than 20 years old with no subsequent reportable convictions of a similar nature, unless the conviction resulted in incarceration where the release date is less than three years from the application date.
- Felony convictions more than five years old with no subsequent reportable convictions of a similar nature, unless the conviction resulted in incarceration where the release date is less than three years from the application date. This does not include convictions involving murder, sexual assault, rape, robbery, indecent liberties, fraud, embezzlement.
- Felony convictions for possession of controlled substance more than two years old, where the applicant has completed a deterrence program if required by the court.
- Felony convictions of Title 46 of the Code of Virginia (Traffic Code) more than two years old.
- Misdemeanor convictions where the applicant has no record of felony convictions.
- Misdemeanor convictions more than one year from the date of application.
- Misdemeanor convictions for assault, disorderly conduct, drunk in public, petit larceny, failure to appear, and/or trespassing.
- Misdemeanor convictions for possession or distribution of a controlled substance with no other convictions.
- DUI convictions where the applicant has completed VASAP or another similar program accepted by the court or DMV after the latest conviction if required by the court. This does not include felony convictions.
- Juvenile convictions.
*The matrix shall not apply to applicants who are currently incarcerated, except those incarcerated for juvenile convictions.
Application Review Matrix Criminal History- PDF