A. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. All terms defined in ascribed to them in Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia are incorporated in this chapter.:

Board

Tattoo parlor

Tattoo school

Tattooer

Tattooing

B. The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

"Apprenticeship program" means an approved tattooing training program conducted by an approved apprenticeship sponsor.

"Apprenticeship sponsor" means an individual approved to conduct tattooing apprenticeship training who meets the qualifications in 18VAC41-50-70.

"Aseptic technique" means a hygienic practice that prevents and hinders the direct transfer of microorganisms, regardless of pathogenicity, from one person or place to another person or place.

"Business entity" means a sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law.

"Clock hours" means a minimum of 50 minutes of supervised or directed instruction and appropriate breaks.

"Credit hour" means a combination of the number of hours in class each week and the number of hours per week in a laboratory by which a school may measure its course work. One unit of credit equals one hour of classroom or online study, two hours of laboratory experience or three hours of internship or practicum or a combination of the three times the number of weeks in the term.

"Direct supervision" means (i) that a Virginia licensed tattooer shall be present in the tattoo parlor at all times when services are being performed by an apprentice; (ii) that a Virginia licensed and certified tattooing instructor shall be present in the tattooing school at all times when services are being performed by a student; (iii) that a Virginia licensed and certified permanent cosmetic tattooing instructor shall be present in the permanent cosmetic tattooing school at all times when services are being performed by a student; (iv) that a Virginia licensed and certified master permanent cosmetic tattooer instructor shall be present in the permanent cosmetic tattooing school at all times when master permanent cosmetic tattooer services are being performed by a student; or (v) that a Virginia licensed tattooer shall be present in the tattoo parlor at all times when services are being performed by a guest tattooer a Virginia licensed tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer is present in the parlor or salon at all times when services are being performed by a temporary license holder or registered apprentice; or (ii) a Virginia licensed and certified tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing instructor or a student instructor temporary license holder is present in the tattooing or permanent cosmetic tattooing school at all times when services are being performed by a student, student instructor, or temporary license holder.

"Each and every location" means, for the purposes of schools with multiple suites or classrooms, a single location is one that is enclosed under one roof and all classrooms or suites are within 500 feet of the main office.

"Endorsement" means a method of obtaining a license by a person who is currently licensed in another state or jurisdiction of the United States.

"Event tattoo parlor" means a tattoo parlor temporary location licensed to operate for a maximum of five consecutive days.

"Firm" means any business entity recognized under the laws of the Commonwealth of Virginia.

"Gratuitous services" as used in § 54.1-701.5 of the Code Virginia means providing tattooing services without receiving compensation or reward, or obligation. Gratuitous services do not include services provided at no charge when goods are purchased.

"Guest tattooer" means a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer residing outside of Virginia who is licensed only to work for a two-week period at a specified tattoo parlor or permanent cosmetic tattoo salon.

"Guest tattooer sponsor" means a licensed tattoo parlor or permanent cosmetic tattooing salon that is sponsoring and providing direct supervision of a guest tattooer.

"Licensee" means any person, sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law individual or firm holding a license issued by the Board for Barbers and Cosmetology, as defined in § 54.1-700 of the Code of Virginia board.

"Master permanent cosmetic tattooer" means any person who for compensation practices permanent cosmetic tattooing known in the industry as advanced permanent cosmetic tattooing, including scalp micropigmentation, eye shadow, and breast and scar repigmentation or camouflage.

"Master permanent cosmetic tattooing instructor" means a person who has been certified by the board who meets the competency standards of the board as an instructor of master permanent cosmetic tattooing.

"Permanent cosmetic tattoo salon" means any place in which permanent cosmetic tattooing is offered or practiced for compensation.

"Permanent cosmetic tattooer" means any person who for compensation practices permanent cosmetic tattooing known in the industry as basic permanent cosmetic tattooing, including eyebrows, microblading, scalp micropigmentation, eyeliners, lip coloring, lip liners, or full lips.

"Permanent cosmetic tattooing" means placing marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin on the face, including eyebrows, eyeliners, lip coloring, lip liners, full lips, cheek blush, eye shadow, forehead and scalp micropigmentation, and on the body for breast and scar repigmentation or camouflage, also known as permanent makeup or micropigmentation.

"Permanent cosmetic tattooing instructor" means a person who has been certified by the board who meets the competency standards of the board as an instructor of permanent cosmetic tattooing.

"Permanent cosmetic tattooing school" means a place or establishment licensed by the board to accept and train students and offers a permanent cosmetic tattooing, or a master permanent cosmetic tattooing curriculum approved by the board.

"Pigments" means tattooing ink designed for use on human skin.

"Post-secondary educational level" means an accredited college or university that is approved or accredited by an accrediting agency recognized by the U.S. Department of Education.

"Reasonable hours" means the hours between 9 a.m. and 5 p.m.; however, if the licensee generally is not open to the public substantially during the same hours, "reasonable hours" shall mean the business hours when the licensee is open to the public.

"Reinstatement" means having a license restored to effectiveness after the expiration date has passed.

"Renewal" means continuing the effectiveness of a license or certificate for another period of time.

"Responsible management" means the following individuals:

1. The sole proprietor of a sole proprietorship;

2. The partners of a general partnership;

3. The managing partners of a limited partnership;

4. The officers of a corporation;

5. The managers of a limited liability company;

6. The officers or directors of an association or both; and

7. Individuals in other business entities recognized under the laws of the Commonwealth as having a fiduciary responsibility to the firm.

"Sole proprietor" means any individual, not a corporation, who is trading under that individual's own name, or under an assumed or fictitious name pursuant to the provisions of §§ 59.1-69 through 59.1-76 of the Code of Virginia.

"Sterilization area" means a separate room or area separate from workstations with restricted client access in which tattooing instruments are cleaned, disinfected, and sterilized.

"Substantially equivalent exam" means an examination administered by the licensing entity which covers Virginia's scope of practice for that profession.

"Substantially equivalent training" means at least 80% of the required hours in Virginia and curriculum content covering Virginia's scope of practice for that profession.

"Tattoo convention" means an event where Virginia and out-of-state tattooers gather for no more than five consecutive days to offer tattooing services to the public.

"Tattooing instructor" means a person who has been certified by the board who meets the competency standards of the board as an instructor of tattooing.

"Temporary location" means a fixed location at which tattooing is performed for a specified length of time of not more than five days in conjunction with a single event or convention.

Any individual who engages in tattooing, guest tattooing, permanent cosmetic tattooing or master permanent cosmetic tattooing without receiving compensation, reward or obligation is considered to be performing gratuitous services and is exempt from the provisions of this chapter. Gratuitous services do not include services provided at no charge when goods are purchased.

A. Any individual wishing to engage in tattooing, guest tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing shall must obtain a license in compliance with § 54.1-703 of the Code of Virginia and meet the following qualifications:

1. The applicant must be in good standing as a tattooer, guest tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer 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 tattooer, guest tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer. The applicant must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for licensure. This disclosure includes monetary penalties, fines, probation, 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 tattooer, guest tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer.

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 tattooing, guest tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing. 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 must disclose the applicant's physical address. A post office box is not acceptable may be provided as a secondary address.

3. The applicant shall must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia tattooing license laws and this chapter.

4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must 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 involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury; and

b. All felony convictions within 20 10 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 must 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 examination.

1. Training in the Commonwealth of Virginia. Any person completing an approved tattooing apprenticeship program in a Virginia licensed tattoo parlor or completing an approved tattooing training program in a Virginia licensed tattoo school or completing a permanent cosmetic tattooing or master permanent cosmetic tattooing training program in a Virginia licensed permanent cosmetic tattooing school shall be eligible to sit for the applicable examination. one of the following programs is eligible for examination:

a. An approved tattooing apprenticeship program in a Virginia licensed tattoo parlor;

b. An approved tattooing training program in a Virginia licensed tattoo school; or

c. A permanent cosmetic tattooing or master permanent cosmetic tattooing training program, in a Virginia licensed permanent cosmetic tattooing or tattooing school.

2. Training outside of the Commonwealth of Virginia but within the United States or jurisdiction of the United States. Any person completing a tattooing, permanent cosmetic tattooing, master permanent cosmetic tattooing training program, or tattooing apprenticeship 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 the required hours were completed, an applicant must submit (i) documentation acceptable to the board verifying the completion of a substantially equivalent tattooing training, tattooing apprenticeship, permanent cosmetic tattooing training, or master permanent cosmetic tattooing or documentation of three years of work experience within the preceding five years as a tattooer and (ii) documentation of completion of a minimum of five hours of health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing; (b) first aid; and (c) CPR that is acceptable to the board in order to be eligible for examination.

2. Training outside of the Commonwealth of Virginia.

a. Any person completing a tattooing, permanent cosmetic tattooing, master permanent cosmetic tattooing training program, or tattooing apprenticeship that is substantially equivalent to the Virginia program but is outside of the Commonwealth of Virginia must submit to the board (i) documentation of the successful completion of training or apprenticeship to be eligible for examination. Applicants who have earned a degree from an institution outside the United States must have their degree translated, authenticated and evaluated by an education evaluation service if credit is sought for the education. The board in its discretion may decline to accept any evaluation submitted by an applicant; and (ii) documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing; and (b) first aid.

b. Applicants who completed a training or apprenticeship program that is not substantially equivalent to Virginia’s training must submit (i) documentation acceptable to the board verifying three years of work experience in any other state or jurisdiction of the United States on a form provided by the board; and (ii) documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing; and (b) first aid.

A. Upon proper application to the board, any person currently licensed to practice as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer, or who is a licensed instructor in the respective profession in any other state or jurisdiction of the United States and who has completed a training or apprenticeship program and an examination that is substantially equivalent to that required by this chapter may be issued a tattooer license, permanent cosmetic tattooer license, or master permanent cosmetic tattooer license, or the respective instructor certificate, respectively, without an examination. The applicant must also meet the requirements set forth in 18VAC41-50-20 A 1 through A 4 and provide documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing; and (b) first aid.

B. Applicants for licensure by endorsement who completed a training or apprenticeship program that is not substantially equivalent to Virginia's training but otherwise meet all the requirements listed in subsection A of this section, may substitute three years of work experience for training. Applicants must provide their work history demonstrating three years of licensed experience in any other state or jurisdiction of the United States on a form provided by the board and provide documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing; and (b) first aid.

A. Applicants for initial licensure shall must pass an examination approved by the board. The examinations may be administered by the board or by a designated testing service.

B. Any candidate failing to appear as scheduled for examination shall forfeit the examination fee.

C. B. The applicant shall follow all procedures established by the board with regard to conduct at the examination. Such procedures shall include any written instructions communicated prior to the examination date and any instructions communicated at the site, either written or oral, on the date of the examination. Failure to comply with all procedures established by the board and the testing service with regard to conduct at the examination may be grounds for denial of application.

D. C. Any applicant who does not pass a reexamination within one year of the initial examination date shall be required to submit a new application.

E. D. The fee for examination or reexamination is subject to contracted charges to the board by an outside vendor. These contracts are competitively negotiated and bargained for in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). Fees may be adjusted and charged to the candidate in accordance with these contracts. The fee shall not exceed $225 per candidate.

F. E. Any candidate failing to apply for initial licensure within five years of passing the written examination shall be required to retake the examination. Records of examinations shall be maintained for a maximum of five years.

A. A temporary license to work under the direct supervision of a currently license individual may be issued only to applicants for initial licensure who the board finds eligible for applicable examination. There is no fee for a temporary license. Except as provided in this section, an applicant holding a temporary license must be supervised by an individual holding a license in the same scope of practice.

Licensed tattooers may also supervise permanent cosmetic tattoo and master permanent cosmetic tattoo temporary license holders. Licensed master permanent cosmetic tattooers may also supervise permanent cosmetic tattoo temporary license holders.

B. The temporary license will remain in force for 90 days and no subsequent temporary license shall be issued.

C. Any person continuing to practice tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing after a temporary license has expired may be prosecuted and fined by the Commonwealth under §§ 54.1-111 A 1 and 54.1-202 of the Code of Virginia.

D. Temporary licenses will not be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18VAC41-50-20.

A. Upon filing an application with the Board for Barbers and Cosmetology, any person meeting the qualifications set forth in this section may be eligible to sponsor a tattooing apprentice if the person Upon filing an application with the board, any individual wishing to sponsor a tattooing apprentice must meet the following qualifications:

1. Holds The applicant must hold and maintain a current Virginia tattooer license;

2. Provides The applicant must provide documentation of legally practicing tattooing for at least five years; and

3. Provides The applicant must provide documentation indicating that he the applicant is in good standing in all jurisdictions where the practice of tattooing is regulated.

B. Apprenticeship sponsors shall be required to maintain a tattooer license.

C. B. Apprenticeship sponsors shall ensure compliance with the 1500 hour tattooing apprenticeship program and tattooing apprenticeship standards.

A. Any firm wishing to operate a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon shall, including any mobile parlor or salon, must obtain a tattoo parlor license, event tattoo parlor license, or permanent cosmetic tattoo salon license in compliance with § 54.1-704.1 of the Code of Virginia and shall must meet the following qualifications in order to receive a license:

1. The applicant and all members of the responsible management shall must be in good standing as a licensed parlor or salon in Virginia and all other jurisdictions where licensed, certified or registered. The applicant and all members of the responsible management 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 operation of any tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon or practice of the profession. The applicant and all members of the responsible management must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for licensure. This disclosure includes monetary penalties, fines, probation, 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 or any member of the responsible management has been previously licensed in Virginia as a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon.

Upon review of the applicant's and all members of the responsible management's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein it deems the applicant is unfit or unsuited to engage in the operation of a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon. 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 must disclose the applicant's physical address. A post office box is not acceptable may be provided as a secondary address. Mobile parlors and salons must provide a physical address where the parlor or salon is permanently garaged.

3. The applicant shall must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia tattooing license laws and this chapter.

4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose the following information about the firm and all members of the responsible management regarding criminal convictions in Virginia and all other jurisdictions:

a. All misdemeanor convictions within two years of the date of application 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 10 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 must disclose the firm's responsible management.

B. A tattoo parlor license, event tattoo parlor license, or permanent cosmetic tattoo salon license are issued to firms as defined in this chapter and shall not be transferable and shall bear the same name and address of the business. Any changes in the name or address of the parlor or salon shall be reported to the board in writing within 30 days of such changes. The board shall not be responsible for the licensee’s failure to receive notices, communications, and correspondence caused by the licensee’s failure to promptly notify the board in writing of any change of name or address or for any other reason beyond the control of the board. The new responsible management shall be responsible for applying for a new license within 30 days of the changes.

C. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void and shall be returned to the board within 30 days of the change. Additionally, the The firm shall must notify the board, apply for a new license within 30 days of the change in the business entity, and destroy the license. Such changes include:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Conversion, formation, or dissolution of a corporation, a limited liability company, an association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

D. Any change in the officers of a corporation, managers of a limited liability company, or officers or directors of an association shall must be reported to the board in writing within 30 days of the change.

E. Any tattoo parlor or permanent cosmetic tattoo salon wishing to host a guest tattooer must identify itself as the guest tattooer sponsor and must provide direct supervision of any tattooing by the guest tattooer.

F. Any firm wishing to operate a tattoo parlor in a temporary location must have a tattoo parlor license or event tattoo parlor license issued by the board.

G. An event tattoo parlor license is effective for five consecutive days prior to the expiration date. Any firm wishing to operate an event tattoo parlor must submit an application to the board at least 45 days prior to the date for which approval is sought.

H. A firm may obtain a maximum of five event tattoo parlor licenses within a calendar year.

I. The board or any of its agents shall be allowed to inspect during reasonable hours any licensed parlor and salon for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

A. A guest tattooer license is effective for 14 days prior to the expiration date.

B. An out-of-state resident may apply for and obtain up to five guest tattooer licenses per calendar year.

C. A Per calendar year, a guest tattooer applicant must meet the following qualifications:

1. Requirements set forth in 18VAC41-50-20 A 1 through A 4.

2. Present documentation showing out-of-state residency.

3. Documentation of board-approved health education knowledge to include (i) bloodborne disease, sterilization, and aseptic techniques related to tattooing; and (ii) first aid; and (iii) CPR that is acceptable to the board.

4. Documentation showing guest tattooer sponsor, including signature of sponsor parlor's responsible management.

D. A guest tattooer must provide documentation with each application showing the guest tattooer sponsor, including a signature of sponsor parlor's responsible management.

D. E. A guest tattooer must provide the name and license number of the guest tattooer's sponsor and the duration of the guest tattooer's tattooing for all guest tattooer locations.

E. A guest tattooer applicant is not required to complete 18VAC41-50-20 A 5.

A. The licensed tattoo parlor sponsoring a guest tattooer shall must ensure that the guest tattooer:

1. Has a valid, current guest tattooer license for the entire duration of the guest tattooer tattooing at the parlor.

2. Is directly supervised by a licensed tattooer.

3. Complies with all Virginia regulations relating to health, sanitation, client qualifications, and standards of practice.

B. The licensed permanent cosmetic tattoo salon sponsoring a guest tattooer shall must ensure that the guest tattooer:

1. Has a valid, current guest tattooer licensed for the entire duration of the guest tattooer's tattooing at the salon.

2. Is directly supervised by a licensed tattooer or permanent cosmetic tattooer.

3. Complies with all Virginia regulations relating to health, sanitation, client qualifications, and standards of practice.

C. With the exception of tattoo conventions, a member of the guest tattooer sponsor's responsible management must sign the guest tattooer application certifying the sponsor will ensure the requirements of subsections A and B of this section.

D. The guest tattooer sponsor shall must be responsible for the acts or omissions of the guest tattooer in the performance of tattooing or permanent cosmetic tattooing.

A. Any firm wishing to operate a tattooing school or permanent cosmetic tattooing school shall must submit an application to the board at least 60 days prior to the date for which approval is sought, obtain a school license in compliance with § 54.1-704.2 of the Code of Virginia and shall must meet the following qualifications in order to receive a license:

1. The applicant and all members of the responsible management shall must be in good standing as a licensed parlor or salon school in Virginia and in all other jurisdictions where licensed, certified, or registered. The applicant and all members of the responsible management 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 operation of any tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon or practice of the profession. The applicant and all members of the responsible management must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for licensure. This disclosure includes monetary penalties, fines, probation, 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 or any member of the responsible management has been previously licensed in Virginia as a tattoo parlor, event tattoo parlor, or permanent cosmetic tattoo salon.

Upon review of the applicant's and all members of the responsible management's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant wherein it deems the applicant is unfit or unsuited to engage in the operation of a tattoo parlor, event tattoo parlor, school, or permanent cosmetic tattoo salon school. 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 must disclose the applicant's physical address. A post office box is not acceptable may be provided as a secondary address.

3. The applicant shall must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia tattooing license laws and this chapter.

4. In accordance with § 54.1-204 of the Code of Virginia, each applicant shall must disclose the following information about the firm and all members of the responsible management regarding criminal convictions in Virginia and all other jurisdictions:

a. All misdemeanor convictions within two years of the date of the application 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 10 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 must disclose the firm's responsible management.

B. A tattooing Tattooing school license licenses or permanent cosmetic tattooing school license licenses are issued to firms as defined in this chapter and shall not be transferable and shall bear the same name and address as the school. Any changes in the name or and address of record or principal place of business of the school shall must be reported to the board in writing within 30 days of such change. The board shall not be responsible for the licensee’s failure to receive notices, communications, and correspondence caused by the licensee’s failure to promptly notify the board in writing of any change of name or address or for any other reason beyond the control of the board. The name of the school must indicate that it is an educational institution. All signs or other advertisements must reflect the name as indicated on the license issued by the board and contain language indicating it is an educational institution.

C. Whenever the legal business entity holding the license is dissolved or altered to form a new business entity, the original license becomes void and shall be returned to the board within 30 days of the change. Additionally, the The firm shall must notify the board, apply for a new license within 30 days of the change in the business entity, and destroy the license. Such changes include:

1. Death of a sole proprietor;

2. Death or withdrawal of a general partner in a general partnership or the managing partner in a limited partnership; and

3. Conversion, formation, or dissolution of a corporation, a limited liability company, an association, or any other business entity recognized under the laws of the Commonwealth of Virginia.

D. Within 30 days of the closing, ceasing to operate, whether through dissolution or alteration of the business entity, the school shall return the license to the board and must provide a written report to the board on detailing the performances and hours of each student who has not completed the program.

E. Any change in the officers of a corporation, managers of a limited liability company, or officers or directors of an association shall must be reported to the board in writing within 30 days of the change.

F. The board or any of its agents shall be allowed to inspect during reasonable hours, any licensed school for compliance with provisions of Chapter 7 (§54.1-700 et seq.) of Title 54.1 of the Code of Virginia or this chapter.

A. Upon filing an application with the Board for Barbers and Cosmetology, any person meeting the qualifications set forth in this section shall be eligible for a tattooing instructor certificate if the person:

1. Holds a current Virginia tattooer license;

2. Provides documentation of legally tattooing for at least five years; and

3. Passes a course on teaching techniques in a post-secondary education level.

B. Tattooing instructors shall be required to maintain a tattooer license.

A. Any individual wishing to engage in tattoo, permanent cosmetic tattoo, or master permanent cosmetic tattoo instruction must meet the following qualifications:

1. The applicant must be in good standing as a licensed tattooer, permanent cosmetic tattooer, master permanent cosmetic tattooer, or instructor, respectively, in every jurisdiction where licensed, certified, or registered. The applicant must provide a copy of any disciplinary action taken in Virginia and all other jurisdictions to the board at the time of application for certification since being previously licensed as a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer. This includes monetary penalties, fines, probation, suspensions, revocations, surrender of a license or certification in connection with a disciplinary action, or voluntary termination of a license or certification.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny certification to any applicant wherein the board deems the applicant is unfit or unsuited to engage in the instruction of tattooing, permanent cosmetic tattooing or master permanent cosmetic tattooing.

2. In accordance with § 54.1-204 of the Code of Virginia, each applicant must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions since being previously licensed as a tattooer, permanent cosmetic tattooer or master permanent cosmetic tattooer:

a. All misdemeanor convictions within two years of the date of application involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury; and

b. All felony convictions within 10 years of the date of application.

The board, in its discretion, may deny certification to any applicant in accordance with § 54.1-204 of the Code of Virginia.

3. The applicant must hold and maintain a current Virginia tattooer license, permanent cosmetic tattooer license or master permanent cosmetic tattooer license in the respective profession.

4. The applicant must provide documentation of legally tattooing, permanent cosmetic tattooing or master permanent cosmetic tattooing for at least three years in Virginia or any other state or jurisdiction of the United States; and

5. The applicant must complete one of the following qualifications:

a. Pass a course on teaching techniques in a post-secondary education level; or

b. Train under a tattooer, permanent cosmetic tattooer or master permanent cosmetic tattooer instructor in the respective profession for 12 months.

B. Certified instructors may teach in any profession in which they hold the underlying license.

A. Upon filing an application with the Board for Barbers and Cosmetology, any person meeting the qualifications set forth in this section shall be eligible for a permanent cosmetic tattooing instructor certificate if the person:

1. Holds a current Virginia permanent cosmetic tattooer license or master permanent cosmetic tattooer license;

2. Provides documentation of legally tattooing for at least five years; and

3. Passes a course on teaching techniques at the post-secondary education level.

B. Permanent cosmetic tattooing instructors shall be required to maintain a permanent cosmetic tattooer license or master permanent cosmetic tattooer license.

A. A licensed tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer may be granted a twelve month student instructor temporary license to function under the direct supervision of a certified instructor in a licensed school. No subsequent student instructor temporary license shall be issued. Student instructors must pass an instructor examination administered by the board or by a testing service acting on behalf of the board.

B. Student instructors may teach in any profession in which they hold the underlying license. Failure to maintain a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer license shall disqualify an individual from holding a student instructor temporary license.

C. Certified tattoo instructors may also supervise permanent cosmetic tattoo and master permanent cosmetic tattoo student instructor temporary license holders. Certified master permanent cosmetic tattoo instructors may also supervise permanent cosmetic tattoo student instructor temporary license holders.

D. The student instructor temporary license holder must be associated with both a school and a direct supervisor.

E. Temporary licenses may not be issued where grounds may exist to deny a license pursuant to § 54.1-204 of the Code of Virginia or 18 VAC 41-50-110.

The following fees apply are nonrefundable and shall not be prorated:

All fees are nonrefundable and shall not be prorated.

A. Tattooer licenses, tattoo parlor licenses, tattooing instructors certificates, tattooing schools licenses, permanent cosmetic tattooer licenses, master permanent cosmetic tattooer licenses, permanent cosmetic tattoo salon licenses, permanent cosmetic tattooing instructor certificate, master permanent cosmetic tattooing instructor certificates, and permanent cosmetic tattooing schools licenses shall will expire two years from the last day of the month in which they were issued.

B. Guest tattooer licenses will expire 14 days after the effective date of the license and may not be renewed.

All licensed tattooers, permanent cosmetic tattooers, and master permanent cosmetic tattooers shall be required to must satisfactorily complete board-approved health education to include (i) bloodborne disease, sterilization, and aseptic techniques related to tattooing; and (ii) first aid; and (iii) CPR during their licensed term. Documentation of training completion shall must be provided at the time of renewal along with the required fee.

The Department of Professional and Occupational Regulation will mail a renewal notice to the licensee or certificate holder outlining the procedures for renewal. Failure to receive this notice, however, shall not relieve the licensee or certificate holder of the obligation to renew. If the licensee or certificate holder fails to receive the renewal notice, a copy of the old license may be submitted as evidence of intent to renew, along with the required fee.

A. When a licensed or certified an individual or business entity fails to renew its license or certificate within 30 days following the expiration date of the license, the licensee shall or certificate holder must meet the renewal requirements as prescribed in 18VAC41-50-170 18VAC41-50-160 and apply for reinstatement of the license by submitting to the Department of Professional and Occupational Regulation a reinstatement application along with the required renewal and pay the reinstatement fees.

B. When a licensed or certified an individual or business entity fails to renew its license or certification within two years following the expiration date, reinstatement is no longer possible. To resume practice:

1. The former licensee shall or certificate holder must apply for licensure or certification as a new applicant, shall and meet all current application entry requirements, shall pass the board's current examination, and shall receive a new license for each respective license or certificate. Individual licensees failing to renew must provide documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing; and (b) first aid.

2. An individual initially granted licensure under an examination exemption, known as grandfathering, pursuant to 18VAC41-50-20 A 6, shall submit a new application showing the individual met the requirements of the applicable examination waiver provision, demonstrate five years of licensed experience, and previously licensed in Virginia for a minimum of three years must submit (i) a new application (ii) documentation of completion of board-approved health education to include (a) bloodborne pathogens, sterilization, and aseptic techniques related to tattooing; and (b) first aid; and (iii) pass the required examination.

C. The application for reinstatement for a school license shall provide (i) the reasons for failing to renew prior to the expiration date, and (ii) a notarized statement that all students currently enrolled or seeking to enroll at the school have been notified in writing that the school's license has expired. All of these materials shall be called the application package. Reinstatement will be considered by the board if the school consents to and satisfactorily passes an inspection of the school and if the school's records are maintained in accordance with 18VAC41-50-250 and 18VAC41-50-330. Pursuant to 18VAC41-50-100, 18VAC41-50-230, and 18VAC41-50-310 upon receipt of the reinstatement fee, application package, and inspection results, the board may reinstate the school's license or require requalification or both. If the reinstatement application package and reinstatement fee are not received by the board within six months following the expiration date of the school's license, the board will notify the testing service that prospective graduates of the unlicensed school are not acceptable candidates for the examination. Such notification will be sent to the school and must be displayed in a conspicuous manner by the school in an area that is accessible to the public. No student shall be disqualified from taking the examination because the school was not licensed for a portion of the time the student attended if the school license is reinstated by the board. When a licensed school fails to renew its license within 30 days following its expiration date, the licensee must pay the reinstatement fee.

1. After 180 days, the school must submit a reinstatement application and must provide (i) the reasons for failing to renew prior to the expiration date and (ii) a statement that all students currently enrolled or seeking to enroll at the school have been notified in writing that the school's license has expired. All of these materials shall be called the application package. After 180 days, reinstatement will be considered by the board if the school consents to and satisfactorily passes an inspection of the school. Pursuant to 18VAC41-50-100 and 18VAC41-50-230, upon receipt of the reinstatement fee, application package, and inspection results, the board may reinstate the school's license or require requalification or both.

2. If the reinstatement application package and reinstatement fee are not received by the board within six months following the expiration date of the school's license, the board will notify the testing service that prospective graduates of the unlicensed school are not acceptable candidates for the examination. Such notification will be sent to the school and must be displayed in a conspicuous manner by the school in an area that is accessible to the public. No student shall be disqualified from taking the examination because the school was not licensed for a portion of the time the student attended if the school license is reinstated by the board.

D. The date a renewal fee is received by the Department of Professional and Occupational Regulation, or its agent, will be used to determine whether the requirement for reinstatement of a license is applicable and an additional fee is required.

E. When a license or certificate is reinstated, the licensee shall have the same license number and or certificate holder shall be assigned an expiration date two years from the date of the last day of the month of reinstatement.

F. A licensee or certificate holder that reinstates its license or certificate shall be regarded as having been continuously licensed without interruption. Therefore, a licensee or certificate holder shall be subject to the authority of the board for activities performed prior to reinstatement.

G. A licensee or certificate holder that fails to reinstate its license or certificate shall be regarded as unlicensed or uncertified from the expiration date of the license or certificate forward. Nothing in this chapter shall divest the board of its authority to discipline a licensee or certificate holder for a violation of the law or regulations during the period of time for which the individual was licensed or certified.

A. Any person desiring to enroll in the tattooing apprenticeship program shall be required to provide documentation of satisfactory completion of a minimum of five hours of board-approved health education to include but not limited to bloodborne disease, sterilization, and aseptic techniques related to tattooing, and first aid and CPR.

B. Any tattooer desiring approval to perform the duties of an apprenticeship sponsor and offer the board's tattooing apprenticeship program shall meet the requirements of 18VAC41-50-70.

C. All apprenticeship training shall be conducted in a tattoo parlor that has met the requirements of 18VAC41-50-80.

Apprenticeship curriculum requirements are as follows:

1. Microbiology.

a. Microorganisms, viruses, bacteria, fungi;

b. Transmission cycle of infectious diseases; and

c. Characteristics of antimicrobial agents.

2. Immunization.

a. Types of immunizations;

b. Hepatitis A—G transmission and immunization;

c. HIV/AIDS;

d. Tetanus, streptococcal, zoonotic, tuberculosis, pneumococcal, and influenza;

e. Measles, mumps, and rubella;

f. Vaccines and immunization; and

g. General preventative measures to be taken to protect the tattooer and client.

3. Sanitation and disinfection.

a. Definition of terms.

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation.

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, disinfectants, and fumigants;

d. The use of sanitation equipment;

e. Preservice sanitation procedure; and

f. Post-service sanitation procedure.

4. Safety.

a. Proper needle handling and disposal;

b. How to avoid overexposure to chemicals;

c. The use of Material Safety Data Sheets;

d. Blood spill procedures;

e. Equipment and instrument storage; and

f. First aid and CPR.

5. Bloodborne pathogen standards.

a. OSHA and CDC bloodborne pathogen standards;

b. Control plan for bloodborne pathogens;

c. Exposure control plan for tattooers;

d. Overview of compliance requirements; and

e. Disorders and when not to service a client.

6. Professional standards.

a. History of tattooing;

b. Ethics;

c. Recordkeeping:

(1) Client health history;

(2) Consent forms; and

(3) HIPAA (Health Insurance Portability and Accountability Act of 1996 Privacy Rule) Standards.

d. Preparing station, making appointments, parlor ethics:

(1) Maintaining professional appearance, notifying clients of schedule changes; and

(2) Promoting services of the parlor and establishing clientele.

e. Parlor management:

(1) Licensing requirements; and

(2) Taxes.

f. Supplies:

(1) Usages;

(2) Ordering; and

(3) Storage.

7. Tattooing.

a. Client consultation;

b. Client health form;

c. Client disclosure form;

d. Client preparation;

e. Sanitation and safety precautions;

f. Implement selection and use;

g. Proper use of equipment; and

h. Material selection and use;

i. Needles;

j. Ink;

k. Machine:

(1) Construction;

(2) Adjustment; and

(3) Power supply;

l. Art, drawing; and

m. Portfolio.

8. Anatomy:

a. Understanding of skin; and

b. Parts and functions of skin.

9. Virginia tattooing laws and regulations.

A. Curriculum requirements specified in 18VAC41-50-200 shall must be taught over a minimum of 1500 hours as follows:

1. 350 hours shall must be devoted to theory pertaining to subdivisions 1, 2, 4, 5, 6, 8, and 9 of 18VAC41-50-200;

2. 150 hours shall must be devoted to theory pertaining to subdivision 3 of 18VAC41-50-200; and

3. The remaining 1000 hours shall must be devoted to practical training to include apprenticeship curriculum requirements and a minimum of 100 performances pertaining to subdivision 7 of 18VAC41-50-200.

B. An approved tattooing apprenticeship program may conduct an assessment of an apprentice's competence in the theory and practical requirements for tattooing and, based on the assessment, give a maximum of 700 hours of credit toward the requirements in subdivisions A 1 and A 3 of this section. No credit shall be allowed for the 150 hours required in subdivision A 2 of this section.

Any person or entity desiring to operate a tattooing school shall submit an application to the board at least 60 days prior to the date for which approval is sought.

A tattooing and permanent cosmetic tattooing school shall must:

1. Hold a tattooing or permanent cosmetic tattooing school license for each and every location. 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.

2. Hold a tattoo parlor license or salon license if the school receives compensation for services provided in its clinic.

3. Employ a staff of and ensure all training is conducted under the direct supervision of licensed and certified tattooing, permanent cosmetic tattooing or master permanent cosmetic tattooing instructors, respectively.

a. Licensed and certified tattoo instructors may also instruct permanent cosmetic tattooing and master permanent cosmetic tattooing programs.

b. Licensed and certified master permanent cosmetic instructors may also instruct permanent cosmetic tattooing programs.

c. Instructor programs must be taught by a certified instructor.

d. Any change in instructors shall be reported to the board within 30 days of the change.

4. Develop individuals for entry-level competency in tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing.

5. Submit its curricula for board approval. All changes to curricula must be resubmitted and approved by the board. Tattoo curricula must be based on a minimum of 1000 clock or equivalent credit hours and shall include performances in accordance with 18VAC41-50-280 C. Permanent cosmetic tattoo curricula must be based on a minimum of 200 clock or equivalent credit hours and shall include performances in accordance with 18VAC41-50-280 D. Master permanent cosmetic tattoo curricula must be based on a minimum of 200 clock or equivalent credit hours and shall include performances in accordance with 18VAC41-50-280 E.

6. Inform the public that all services are performed by students if the tattooing or permanent cosmetic tattooing school receives compensation for services provided in its clinic by posting a notice in the reception area of the shop parlor or salon in plain view of the public.

7. Conduct classroom instruction in an area separate from the area where practical instruction is conducted and services are provided.

8. Conduct all instruction and training of students under the direct supervision of a licensed and certified tattooing instructor. The theory portions of the curriculum may be offered online. Practical instruction must be obtained in a traditional brick and mortar classroom setting.

a. Schools should utilize 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 privacy. Educational technologies must be capable of monitoring a student's time and activities.

b. 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.

A. Schools are required to keep upon graduation, termination, or withdrawal, written records of hours and performances showing what instruction a student has received for a period of five years after the student terminates or completes the curriculum of the school. These records shall be available for inspection by the Department of Professional and Occupation Regulation. All records must be kept on the premises of each school.

B. For a period of five years after a student completes the curriculum, terminates, or withdraws from the school, schools are required to provide documentation of hours and performances completed by a student upon receipt of a written request from the student.

A. Schools must maintain on the premises of each school and available for inspection by the board or any of its agents the following records for the period of a student's enrollment through five years after the student's completion of the curriculum, termination, or withdrawal:

1. Enrollment application containing student's signature and a two-inch by two-inch color head and shoulders photograph;

2. Daily record of attendance containing student's signature;

3. Student clock hours containing student's signature and method of calculation;

4. Practical performance completion sheets containing student's signature;

5. Final transcript;

6. Course descriptions; and

7. All other relevant documents that account for a student's accrued clock hours and practical applications.

B. Schools must produce to the board or any of its agents within 10 days of the request any document, book, or record concerning any student, or for which the licensee is required to maintain records, for inspection and copying by the board or its agents. The board may extend such timeframe upon a showing of extenuating circumstances prohibiting delivery within such 10-day period.

C. Schools shall must within 21 days upon receipt of a written request from a student provide documentation of hours and performances completed by the student as required to be maintained by subsection A of this section.

D. Prior to a school changing ownership or a school closing, the schools are required to provide to current students documentation of hours and performances completed.

E. For a period of one year after a school changes ownership, schools are required to provide documentation of hours and performances completed by a current student upon receipt of a written request from the student.

Each school must provide student rosters to the board quarterly, no later than January 15, April 15, July 15, and October 15 of every year;

1. A roster of all enrolled students and a roster of students who attended in the preceding six months prior to the reporting deadline.

2. Students who are enrolled but have not begun classes must be included in the report.

3. Rosters must be submitted via a secure link provided by the board on the board supplied document, which will include the students full name, date of birth, program type, date enrolled, the total number of hours to-date, and the date completed, terminated, or withdrawn.

4. Schools with no students enrolled, but the intention of operating, must submit a report to that effect. Schools with no students enrolled that no longer wish to operate should terminate their license in accordance with board regulations.

A. Any person desiring to enroll in the tattooing or permanent cosmetic tattooing school shall be required to provide documentation of satisfactory completion of a minimum of five hours of board-approved health education to include (i) bloodborne disease, sterilization, and aseptic techniques related to tattooing; and (ii) first aid; and (iii) CPR.

B. Tattooing school curriculum requirements are as follows: Each tattoo or permanent cosmetic tattoo school must submit with its application a curriculum including a course syllabus, a detailed course content outline, a sample of five lesson plans, a sample of evaluation methods to be used, days and hours of instruction, program length, a sample of a final transcript, and a breakdown of hours and performances for all courses to be taught that will lead to licensure.

C. The outline for tattooing must include the following:

1. Microbiology. - minimum of 100 hours of instruction.

a. Microorganisms, viruses, bacteria, fungus;

b. Transmission cycle of infectious diseases; and

c. Characteristics of antimicrobial agents.

2. Immunization. - minimum of 50 hours of instruction.

a. Types of immunizations;

b. Hepatitis A through G transmission and immunization;

c. HIV/AIDS;

d. Tetanus, streptococcal, zoonotic, tuberculosis, pneumococcal, and influenza;

e. Measles, mumps, and rubella;

f. Vaccines and immunization; and

g. General preventative measures to be taken to protect the tattooer and client.

3. Sanitation and disinfection. - minimum of 150 hours of instruction.

a. Definition of terms:

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation.

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, disinfectants, and fumigants;

d. The use of sanitation equipment;

e. Preservice sanitation procedure; and

f. Postservice sanitation procedure.

4. Safety. - minimum of 50 hours of instruction.

a. Proper needle handling and disposal;

b. How to avoid overexposure to chemicals;

c. The use of Material Safety Data Sheets;

d. Blood spill procedures;

e. Equipment and instrument storage; and

f. First aid and CPR.

5. Bloodborne pathogen standards. - minimum of 50 hours of instruction.

a. OSHA and CDC bloodborne pathogen standards;

b. Control plan for bloodborne pathogens;

c. Exposure control plan for tattooers;

d. Overview of compliance requirements; and

e. Disorders and when not to service a client.

6. Professional standards. - minimum of 30 hours of instruction.

a. History of tattooing;

b. Ethics;

c. Recordkeeping:

(1) Client health history;

(2) Consent forms; and

(3) HIPAA (Health Insurance Portability and Accountability Act of 1996 Privacy Rule) Standards;

d. Preparing station, making appointments, parlor ethics:

(1) Maintaining professional appearance, notifying clients of schedule changes; and

(2) Promoting services of the parlor and establishing clientele;

e. Parlor management.

(1) Licensing requirements; and

(2) Taxes; and

f. Supplies.

(1) Usages;

(2) Ordering; and

(3) Storage.

7. Tattooing. - minimum of 500 hours of instruction.

a. Client consultation;

b. Client health form;

c. Client disclosure form;

d. Client preparation;

e. Sanitation and safety precautions;

f. Implement selection and use;

g. Proper use of equipment;

h. Material selection and use;

i. Needles:

(1) Groupings;

(2) Properties; and

(3) Making;

j. Ink;

k. Machine:

(1) Construction;

(2) Adjustment; and

(3) Power supply;

l. Art, drawing; and

m. Portfolio.

8. Anatomy. - minimum of 60 hours of instruction.

a. Understanding of skin; and

b. Parts and functions of skin.

9. Virginia tattooing laws and regulations. - minimum of 10 hours of instruction.

D. The outline for permanent cosmetic tattooing must include the following:

1. Virginia tattooing laws and regulations. - minimum of 5 hours of instruction.

2. Machines and devices. - minimum of 15 hours of instruction.

a. Coil or rotary machine;

b. Hand device; and

c. Others devices.

3. Needles. and cartridges - minimum of 10 hours of instruction.

a. Types;

b. Uses; and

c. Application.

4. Anatomy. - minimum of 10 hours of instruction.

a. Layers of skin;

b. Parts and functions of skin; and

c. Diseases.

5. Color theory. - minimum of 5 hours of instruction.

a. Skin and pigment color; and

b. Handling and storage of pigments.

6. Transmission cycle of infectious diseases. - minimum of 5 hours of instruction.

7. Immunization. - minimum of 5 hours of instruction.

a. Types of immunizations; and

b. General preventative measures to be taken to protect the tattooer and client.

8. Sanitation and disinfection. - minimum of 15 hours of instruction.

a. Definition of terms:

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation;

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, and disinfectants;

d. The use of sanitation equipment;

e. Preservice sanitation procedure; and

f. Postservice sanitation procedure.

9. Safety. - minimum of 5 hours of instruction.

a. Proper needle handling and disposal;

b. Blood spill procedures;

c. Equipment and instrument storage; and

d. First aid.

10. Bloodborne pathogen standards. - minimum of 5 hours of instruction.

a. OSHA and CDC bloodborne pathogen standards;

b. Overview of compliance requirements; and

c. Disorders and when not to service a client.

11. Anesthetics. - minimum of 10 hours of instruction.

a. Use;

b. Types;

c. Application; and

d. Removal.

12. Equipment. - minimum of 5 hours of instruction.

a. Gloves;

b. Masks;

c. Apron;

d. Chair;

e. Lighting; and

f. Work table.

13. Professional standards. - minimum of 5 hours of instruction.

a. History of permanent cosmetic tattooing;

b. Ethics;

c. Recordkeeping:

(1) Client health history; and

(2) Consent forms;

d. Preparing station, making appointments, salon ethics:

(1) Maintaining professional appearance, notifying clients of schedule changes; and

(2) Promoting services of the salon and establishing clientele; and

e. Salon management:

(1) Licensing requirements; and

(2) Taxes.

14. Permanent cosmetic tattooing. - minimum of 100 hours of instruction.

a. Client consultation;

b. Client health form;

c. Client disclosure form;

d. Client preparation;

e. Drawing and mapping;

f. Sanitation and safety precautions;

g. Implement selection and use;

h. Proper use of equipment;

i. Material selection and use;

j. Eyebrows;

k. Microblading;

l. Eyeliner;

m. Lip coloring;

n. Lip liners; and

o. Scalp micropigmentation.

E. The outline for master permanent cosmetic tattooing must include the following:

1. Virginia tattooing laws and regulations. - minimum of 5 hours of instruction.

2. Machines and devices: - minimum of 5 hours of instruction.

a. Coil or rotary machine;

b. Hand device; and

c. Others devices.

3. Needles: and cartridges - minimum of 5 hours of instruction.

a. Types;

b. Uses; and

c. Application.

4. Advanced practical clinical anatomy: - minimum of 10 hours of instruction.

a. Eyelid anatomy;

b. Lip anatomy; and

c. Breast anatomy.

5. Advanced color theory. - minimum of 10 hours of instruction.

6. Organic and inorganic pigment. - minimum of 5 hours of instruction.

7. Understanding the surgical process: - minimum of 5 hours of instruction.

a. The latissimus dorsi flap procedure;

b. Abdominoplasty and breast reconstruction;

c. Other reconstruction procedures:

(1) Deep inferior epigastric artery (perforator (DIEP) flap; and

(2) Superior gluteal artery (perforator (DIEP) flap;

d. Flap size versus areola size; and

e. Implant reconstruction:

(1) Tissue expansion;

(2) Placing the implant;

(3) Implant versus flap reconstruction;

(4) Saline versus silicone;

(5) Radiation therapy; and

(6) Lymphedema.

8. Client consultation. - minimum of 10 hours of instruction.

9. Breast areolar pigmentation: - minimum of 10 hours of instruction.

a. Chart notes;

b. Health Insurance Portability and Accountability Act (HIPAA);

c. Room setup;

d. Anesthetic for breast procedures;

e. Color selection;

f. Needle selection;

g. Design and placement;

(1) Position of the areola/nipple complex;

(2) The Penn Triangle;

(3) Diameter of the areola; and

(4) Nipple reconstruction;

h. Creating three-dimensional nipple/areola;

(1) Understanding and creating a reflection of light; and

(2) The value of color;

i. Covering scar tissue and periareolar scar blending;

j. Aftercare;

(1) Tegaderm aftercare instructions; and

(2) Follow up; and

k. Precautions and contraindications.

10. Skin cancer: - minimum of 5 hours of instruction.

a. Basal cell carcinomas;

b. Squamous cell carcinomas; and

c. Melanoma.

11. The art of camouflage: - minimum of 10 hours of instruction.

a. Client/patient selection and handling;

b. Contraindications and when not to perform services;

c. Skin tones;

d. Color selection and skin tone matching;

e. Scars;

f. Burn scar; and

g. Common needle configurations used for camouflage.

12. Side effects. - minimum of 5 hours of instruction.

13. Insurance. - minimum of 5 hours of instruction.

14. Master permanent cosmetic tattooing procedures: - minimum of 110 hours of instruction.

a. Lip;

b. Areola;

c. Blush;

d. Camouflage; and

e. Eyeshadow.

C. F. A licensed tattoo or permanent cosmetic tattoo school may conduct an assessment of a transfer student's competence in the respective profession and, based on the assessment, give credit toward the hours requirements specified in this section and 18VAC41-50-290. A licensed tattoo or permanent cosmetic tattoo school with an approved master permanent cosmetic tattoo program may conduct an assessment of a transfer student's competence in master permanent cosmetic tattooing and, based on the assessment, give credit toward the requirements specified in subsection E of this section and 18VAC41-50-290 D.

The school shall must make the assessment based on a review of the student's transcript, documentation of hours and performances provided to the student by the school, and the successful completion of a board-approved competency examination administered by the school. The school may also request a copy of a catalog or bulletin giving the full course description when making the evaluation. The number of credit hours awarded shall not exceed the actual hours of instruction verified on the transcript or the number of hours specified in the board-approved curriculum for a specific topic. Credit may only be given for in-person training.

A. Curriculum Tattooing curriculum requirements specified in 18VAC41-50-280 shall 18VAC41-50-280 C must be taught over a minimum of 1,000 hours as follows:

1. 350 hours shall must be devoted to theory pertaining to 18VAC41-50-280 B 1, 2, 4, 5, 6, 8, and 9 18VAC41-50-280 C 1, 2, 4, 5, 6, 8, and 9;

2. 150 hours shall must be devoted to theory pertaining to 18VAC41-50-280 B 3 18VAC41-50-280 C 3; and

3. The remaining 500 hours shall must be devoted to practical training to include tattooing curriculum requirements and a minimum of 100 performances pertaining to 18VAC41-50-280 B 7 18VAC41-50-280 C 7.

B. An approved tattooing school may conduct an assessment of a student's competence in the theory and practical requirements for tattooing and, based on the assessment, give a maximum of 700 hours of credit toward the requirements in subdivisions A 1 and A 3 of this section. No credit shall be allowed for the 150 hours required in subdivision A 2 of this section.

C. Individuals enrolled in a program prior to July 1, 2022, may complete the program at the hours in effect at the time they enrolled.

B. Curriculum and performance requirements specified in 18VAC41-50-280 D and E must be taught over a minimum of 200 clock hours for permanent cosmetic tattooing program and 200 clock hours for a master permanent cosmetic tattooing program.

C. A minimum of 60 performances must be completed as part of the permanent cosmetic tattooing instruction, including:

D. A minimum of 55 performances must be completed as part of the master permanent cosmetic tattooing instruction, including:

E. Completion of performances are determined as follows:

1. Two complete eyebrows constitutes one performance;

2. Two complete eye liners constitutes one performance;

3. One complete lip liner (bottom or top lip separately) constitutes one performance;

4. One complete lip color (bottom or top lip separately) constitutes one performance; and

5. Two complete eyeshadows constitute one performance.

Any person or entity desiring to operate a permanent cosmetic tattooing school shall submit an application to the board at least 60 days prior to the date for which approval is sought.

A permanent cosmetic tattooing school shall:

1. Hold a permanent cosmetic tattooing school license for each and every location.

2. Hold a permanent cosmetic tattoo salon license if the school receives compensation for services provided in the area where practical instruction is conducted and services are provided.

3. Employ a staff of licensed and certified permanent cosmetic tattooing instructors or licensed and certified master permanent cosmetic tattooing instructors.

4. Develop individuals for entry-level competency in permanent cosmetic tattooing or master permanent cosmetic tattooing.

5. Submit its curricula for board approval.

6. Inform the public that all services are performed by students if the permanent cosmetic tattooing school receives compensation for services provided in its clinic by posting a notice in the reception area of the shop or salon in plain view of the public.

7. Conduct classroom instruction in an area separate from the area where practical instruction is conducted and services are provided.

8. Conduct all instruction and training of permanent cosmetic tattooers under the direct supervision of a licensed and certified permanent cosmetic tattooing instructor or a licensed and certified master permanent cosmetic tattooing instructor.

9. Conduct all instruction and training of master permanent cosmetic tattooers under the direct supervision of a licensed and certified master permanent cosmetic tattooing instructor.

A. Schools are required to keep upon graduation, termination or withdrawal, written records of hours and performances showing what instruction a student has received for a period of five years after the student terminates or completes the curriculum of the school. These records shall be available for inspection by the department. All records must be kept on the premises of each school.

B. For a period of five years after a student completes the curriculum, terminates or withdraws from the school, schools are required to provide documentation of hours and performances completed by a student upon receipt of a written request from the student.

C. Prior to a school changing ownership or a school closing, schools are required to provide to current students documentation of hours and performances completed.

D. For a period of one year after a school changes ownership, schools are required to provide documentation of hours and performances completed by a current student upon receipt of a written request from the student.

A. Any person desiring to enroll in the permanent cosmetic tattooing school shall be required to provide documentation of satisfactory completion of health education on bloodborne disease.

B. Permanent cosmetic tattooing school curriculum requirements are as follows:

1. Virginia tattooing laws and regulations.

2. Machines and devices.

a. Coil machine;

b. Hand device; and

c. Others devices.

3. Needles.

a. Types;

b. Uses; and

c. Application.

4. Anatomy.

a. Layers of skin;

b. Parts and functions of skin; and

c. Diseases.

5. Color theory.

a. Skin and pigment color; and

b. Handling and storage of pigments.

6. Transmission cycle of infectious diseases.

7. Immunization.

a. Types of immunizations; and

b. General preventative measures to be taken to protect the tattooer and client.

8. Sanitation and disinfection.

a. Definition of terms:

(1) Sterilization;

(2) Disinfection and disinfectant;

(3) Sterilizer or sterilant;

(4) Antiseptic;

(5) Germicide;

(6) Decontamination; and

(7) Sanitation;

b. The use of steam sterilization equipment and techniques;

c. The use of chemical agents, antiseptics, and disinfectants;

d. The use of sanitation equipment;

e. Preservice sanitation procedure; and

f. Postservice sanitation procedure.

9. Safety.

a. Proper needle handling and disposal;

b. Blood spill procedures;

c. Equipment and instrument storage; and

d. First aid.

10. Bloodborne pathogen standards.

a. OSHA and CDC bloodborne pathogen standards;

b. Overview of compliance requirements; and

c. Disorders and when not to service a client.

11. Anesthetics.

a. Use;

b. Types;

c. Application; and

d. Removal.

12. Equipment.

a. Gloves;

b. Masks;

c. Apron;

d. Chair;

e. Lighting; and

f. Work table.

13. Professional standards.

a. History of permanent cosmetic tattooing;

b. Ethics;

c. Recordkeeping:

(1) Client health history; and

(2) Consent forms;

d. Preparing station, making appointments, salon ethics:

(1) Maintaining professional appearance, notifying clients of schedule changes; and

(2) Promoting services of the salon and establishing clientele; and

e. Salon management:

(1) Licensing requirements; and

(2) Taxes.

14. Permanent cosmetic tattooing.

a. Client consultation;

b. Client health form;

c. Client disclosure form;

d. Client preparation;

e. Drawing and mapping;

f. Sanitation and safety precautions;

g. Implement selection and use;

h. Proper use of equipment;

i. Material selection and use;

j. Eyebrows;

k. Microblading;

l. Eyeliner;

m. Lip coloring;

n. Lip liners; and

o. Scalp micropigmentation.

C. Master permanent cosmetic tattooing program curriculum requirements are as follows:

1. Virginia tattooing laws and regulations.

2. Machines and devices:

a. Coil machine;

b. Hand device; and

c. Others devices.

3. Needles:

a. Types;

b. Uses; and

c. Application.

4. Advanced practical clinical anatomy:

a. Eyelid anatomy;

b. Lip anatomy; and

c. Breast anatomy.

5. Advanced color theory.

6. Organic and inorganic pigment.

7. Understanding the surgical process:

a. The latissimus dorsi flap procedure;

b. Abdominoplasty and breast reconstruction;

c. Other reconstruction procedures:

(1) Deep inferior epigastric artery perforator  (DIEP) flap; and

(2) Superior gluteal artery perforator  (DIEP) flap;

d. Flap size versus areola size; and

e. Implant reconstruction:

(1) Tissue expansion;

(2) Placing the implant;

(3) Implant versus flap reconstruction;

(4) Saline versus silicone;

(5) Radiation therapy; and

(6)  Lymphedema.

8. Client consultation.

9. Breast areolar pigmentation:

a. Chart notes;

b. Health Insurance Portability and Accountability Act (HIPAA);

c. Room setup;

d. Anesthetic for breast procedures;

e. Color selection;

f. Needle selection;

g. Design and placement;

(1) Position of the areola/nipple complex;

(2) The Penn Triangle;

(3) Diameter of the areola; and

(4) Nipple reconstruction;

h. Creating three-dimensional nipple/areola;

(1) Understanding and creating a reflection of light; and

(2) The value of color;

i. Covering scar tissue and periareolar scar blending;

j. Aftercare;

(1)  Tegaderm aftercare instructions; and

(2) Follow up; and

k. Precautions and contraindications.

10. Skin cancer:

a. Basal cell carcinomas;

b. Squamous cell carcinomas; and

c. Melanoma.

11. The art of camouflage:

a. Client/patient selection and handling;

b. Contraindications and when not to perform services;

c. Skin tones;

d. Color selection and skin tone matching;

e. Scars;

f. Burn scar; and

g. Common needle configurations used for camouflage.

12. Side effects.

13. Insurance.

14. Master permanent cosmetic tattooing procedures:

a. Lip;

b. Areola;

c. Blush;

d. Camouflage; and

e. Eyeshadow.

D. A licensed school with an approved permanent cosmetic tattooing or master permanent cosmetic tattooing program may conduct an assessment of a student's competence in the respective profession and, based on the assessment, give credit  toward the hours requirements specified in the respective subsection of this section and 18VAC41-50-370.

The school shall make the assessment based on a review of the student's transcript and the successful completion of a board-approved competency examination administered by the school. The school may also request a copy of a catalog or bulletin giving the full course description when making the evaluation. The number of credit hours awarded shall not exceed the actual hours of instruction verified on the transcript or diploma or the number of hours specified in the board-approved curriculum for a specific topic. Credit may only be given for in-person training.

A. Curriculum and performance requirements specified in 18VAC41-50-360 and this section shall be taught over a minimum of 200 clock hours for permanent cosmetic tattooing program and 200 clock hours for a master permanent cosmetic tattooing program.

B. A minimum of 50 performances shall be completed as part of the permanent cosmetic tattooing instruction, including two eyebrow, two microblading procedures, two lip liners, one lip color, and one full lips.

C. A minimum of  60 performances shall be completed as part of the master permanent cosmetic tattooing instruction, including:

D. Completion of performances are determined as follows:

1. Two complete eyebrows constitutes one performance;

2. Two complete eye liners constitutes one performance; and

3. One complete lip liner constitutes one performance.

E. Individuals enrolled in a program prior to July 1, 2022, may complete the program at the hours in effect at the time they enrolled.

A. The responsible management for each tattoo parlor or permanent cosmetic tattoo salon shall parlor, salon, or school must ensure that all current licenses or certificates issued by the board shall must be displayed at the licensee's station or in plain view of the public either in the reception area or at individual work stations of the parlor, salon or school. Duplicate licenses shall or certificates must be posted in a like manner in every parlor or salon or parlor, salon, or school location where the licensee provides services.

B. The responsible management for each tattoo parlor owner or permanent cosmetic tattoo salon shall parlor, salon, or school must ensure that no licensee, apprentice, or student performs any service beyond the scope of practice for the applicable license.

C. The responsible management for each tattoo parlor or permanent cosmetic tattoo salon shall must offer to licensees the full series of Hepatitis B vaccine.

D. The responsible management for each tattoo parlor or permanent cosmetic tattoo salon shall must maintain a record for each licensee of one of the following:

1. Proof of completion of the full series of Hepatitis B vaccine;

2. Proof of immunity by blood titer; or

3. Written declaration of refusal of the responsible management's offer of a full series of Hepatitis B vaccine.

E. All licensees shall must operate under the name in which the license is issued.

A. A parlor or salon must be located in a permanent building or portion of a building, which structure must be in a location permissible under local zoning codes, if any. If applicable, the A parlor or salon shall must be separated from any living quarters by complete floor to ceiling partitioning and shall must contain no access to living quarters. Mobile parlors and salons must be stationary while providing services, and may not operate where prohibited by local ordinance.

B. The parlor, salon, or temporary location shall must be maintained in a clean and orderly manner.

C. All facilities shall must have a blood spill clean-up kit in the work area that contains at minimum latex gloves, two 12-inch by 12-inch towels, one disposable trash bag, bleach, one empty spray bottle, and one mask with face shield or any Occupational Safety and Health Administration (OSHA) approved blood spill clean-up kit.

D. Work surfaces shall must be cleaned with a U.S. Environmental Protection Agency (EPA) registered, hospital grade disinfectant. Surfaces that come in contact with blood or other body fluids shall must be immediately disinfected with an EPA registered germicide solution. Appropriate personal protective equipment shall must be worn during cleaning and disinfecting procedures.

E. Cabinets for the storage of instruments, pigments, single-use articles, stencils and other utensils shall must be provided for each operator and shall must be maintained in a sanitary manner.

F. Bulk single-use articles shall must be commercially packaged and handled in such a way as to protect them from contamination.

G. All materials applied to the human skin shall must be from single-use articles or transferred from bulk containers to single-use containers and shall must be disposed of after each use.

H. The walls, ceilings, and floors shall must be kept in good repair. The tattooing area shall must be constructed of smooth, hard surfaces that are nonporous, free of open holes or cracks, light colored, and easily cleaned. New parlors shall must not include any dark-colored surfaces in the tattooing area. Existing parlors or salons with dark-colored surfaces in the tattooing area shall must replace the dark-colored surfaces with light-colored surfaces whenever the facilities are extensively remodeled or upon relocation of the business.

I. Parlors, salons, or temporary locations shall must have adequate lighting of at least 50-foot candles of illumination in the tattooing and sterilization areas.

J. Adequate mechanical ventilation shall must be provided in the parlor.

K. Each parlor, salon, or temporary location shall must be equipped with hand-cleaning facilities for its personnel with unobstructed access to the tattooing area such that the tattooer can return to the area without having to touch anything with the tattooer's hands. Hand-cleaning facilities shall must be equipped either with hot and cold or tempered running water under pressure and liquid germicidal soap or with a sanitizing solution to clean hands. Hand-cleaning facilities shall must be equipped with single-use towels or mechanical hand drying devices and a covered refuse container. Such facilities shall be kept clean and in good repair. All facilities must have running water and soap accessible for cleaning of hands contaminated by body fluids.

L. Animals are not permitted in the parlor, salon, or temporary location except for guide or service animals accompanying persons with disabilities, or nonmammalian animals in enclosed glass containers such as fish aquariums, which shall must be outside of the tattooing or sterilization areas. No animals are allowed in the tattooing or sterilization areas.

M. Use of tobacco products and consumption of alcoholic beverages shall must be prohibited in the tattooing or sterilization areas.

N. No food or drink will be stored or consumed in the tattooing or sterilization areas except for client's use in order to sustain optimal physical condition; such food and drink must be individually packaged.

O. If tattooing is performed where cosmetology services are provided, it shall must be performed in an area that is separate and enclosed.

P. All steam sterilizers shall must be biological spore tested at least monthly.

Q. Biological spore tests shall must be verified through an independent laboratory.

R. Biological spore test records shall must be retained for a period of three years and made available upon request.

S. Steam sterilizers shall must be used only for instruments used by the parlor's employees.

A. All tattooers shall must provide to the responsible management with one of the following:

1. Proof of completion of the full series of Hepatitis B vaccine;

2. Proof of immunity by blood titer; or

3. Written declaration of refusal of the responsible management's offer of a full series of Hepatitis B vaccine.

B. All tattooers shall must wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty.

C. All tattooers shall must clean their hands thoroughly using hot or tempered water with a liquid germicidal soap or use sanitizing solution to clean hands before and after tattooing and as necessary to remove contaminants.

D. All tattooers must wear single-use examination gloves while assembling tattooing instruments and while tattooing.

E. Each time there is an interruption in the service, the gloves become torn or perforated, or whenever the ability of the gloves to function as a barrier is compromised:

1. Gloves shall must be removed and disposed of; and

2. Hands shall must be cleaned and a fresh pair of gloves used.

F. Tattooers shall must use standard precautions while tattooing. A tattooer diagnosed with a communicable disease shall must provide to the Department of Professional and Occupation Regulation a written statement from a health care practitioner that the tattooer's condition no longer poses a threat to public health.

G. Tattooers with draining lesions on their hands or face will not be permitted to work until cleared by a health care professional.

H. The area of the client's skin to be tattooed shall must be cleaned with an approved germicidal soap according to label directions.

I. Tattooing pigments shall must be placed in a single-use disposable container for each client. Following the procedure, the unused contents and container will be properly disposed of.

J. If shaving is required, razors shall must be single-use. After use, razors shall must be recapped and properly disposed of.

K. Each tattooer performing any tattooing procedures in the parlor or salon shall must have the education, training, and experience, or any combination thereof to practice aseptic technique and prevent the transmission of bloodborne pathogens. All procedures shall must be performed using aseptic technique.

L. Multiuse instruments, equipment, furniture, and surfaces that may be contaminated during the tattooing process should must be covered or wrapped in a nonporous disposable barrier. This barrier should must be removed and disposed of after each service.

M. After the disposable barrier is removed, covered items should must be wiped down with a U.S. Environmental Protection Agency registered disinfectant that is bactericidal, virucidal, and fungicidal.

N. A set of individual, sterilized needles shall must be used for each client. Single-use disposable instruments shall be disposed of in a puncture resistant container.

O. Used, nondisposable instruments, such as stainless steel tubes, tips, and grips, shall must be kept in a separate, puncture resistant container until brush scrubbed in hot water soap and then sterilized by autoclaving. Contaminated instruments shall must be handled with disposable gloves.

P. Used nondisposable instruments that are ultrasonically cleaned shall must be rinsed under running hot water prior to being placed in the used instrument container;

Q. Used nondisposable instruments that are not ultrasonically cleaned prior to being placed in the used instrument container shall must be kept in a germicidal or soap solution until brush scrubbed in hot water and soap and sterilized by autoclaving.

R. The ultrasonic unit shall must be sanitized daily with a germicidal solution.

S. Nondisposable instruments shall must be sterilized and shall be handled and stored in a manner to prevent contamination. Instruments to be sterilized shall must be sealed in bags made specifically for the purpose of autoclave sterilization and shall must include the date of sterilization. If nontransparent bags are utilized, the bag shall must also list the contents.

T. Autoclave sterilization bags with a color code indicator that changes color upon proper sterilization shall must be utilized during the autoclave sterilization process.

U. Nondisposable instruments shall must be placed in the autoclave in a manner to allow live steam to circulate around them.

V. A Sealed, puncture proof dirty tube receptacle with cool, liquid sterilant should must be maintained in the biohazard or cleanup room.

W. Sharps containers should must be located within reach of the tattooing area.

X. Contaminated disposable and single-use items shall must be disposed of in accordance with federal and state regulations regarding disposal of biological hazardous materials.

Y. The manufacturer's written instructions of the autoclave shall must be followed.

A. Except as permitted in § 18.2-371.3 of the Code of Virginia, a client must be a minimum of 18 years of age and shall must present at the time of the tattooing or permanent cosmetic tattooing a valid, government issued, positive identification card including a driver's license, passport, or military identification. The identification must contain a photograph of the individual and a printed date of birth.

B. The tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer shall must verify and document in the permanent client record the client's age, date of birth, and the type of identification provided.

C. No person may be tattooed or permanent cosmetic tattooed who appears to be under the influence of alcohol or drugs.

D. Tattooing or permanent cosmetic tattooing shall must not be performed on any skin surface that manifests any evidence of unhealthy conditions, such as rashes, boils, infections, abrasions, or on any asymmetrical, irregular, blurred, or multicolored mole.

E. Before receiving a tattoo or permanent cosmetic tattoo, each client and client's parent or guardian, if applicable, shall must be informed verbally and in writing, using the client disclosure form prescribed by the board, about the possible risk and dangers associated with the application of each tattoo. Signatures of both the client or client’s parent or guardian and the tattooer shall must be required on the client disclosure form to acknowledge receipt of both the verbal and written disclosures.

F. The tattoo parlor or temporary location or permanent cosmetic tattoo salon shall must maintain proper records for each client. The information shall must be permanently recorded and made available for examination by the Department of Professional and Occupation Regulation or authorized agent. Records shall must be maintained at the tattoo parlor or permanent cosmetic tattoo salon for at least two years following the date of the last entry. The temporary location client records shall must be maintained by the license holder. The permanent records shall must include the following:

1. The name, address, and telephone number of the client or client’s parent or guardian;

2. The date tattooing or permanent cosmetic tattooing was performed;

3. The client's age, date of birth, and a copy of the positive identification provided to the tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer;

4. The specific color or colors of the tattoo or permanent cosmetic tattoo and, when available, the manufacturer's catalogue or identification number of each color used;

5. The location on the body where the tattooing or permanent cosmetic tattooing was performed;

6. The name of the tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer;

7. A statement that the client or client’s parent or guardian has received a copy of applicable written care instructions, and that the client has read and understands the instructions; and

8. The signature of the client and if applicable parent or guardian.

The board may, in considering the totality of the circumstances, fine any licensee or certificate holder and suspend, place on probation, or revoke or refuse to issue, renew or reinstate any a license or certificate, or deny any application impose a monetary penalty, place a license or certificate on probation with such terms and conditions and for such time as it may designate, suspend a license or certificate for a stated period of time; or revoke, a license or certificate issued under the provisions of Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia and this chapter if it finds that the licensee, certificate holder, or applicant:

1. Is incompetent or negligent in tattooing, or incapable mentally or physically practice or unable to practice with skill or safety as a result of any mental or physical condition, as those terms are generally understood in the profession, to (i) practice as a tattooer, tattooer apprentice, permanent cosmetic tattooer, or master permanent cosmetic tattooer or (ii) operate a parlor, permanent cosmetic tattooing salon, or school;

2. Is convicted of fraud or deceit in the practice or teaching of tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing or fails to teach the board-approved curriculum as provided for in this chapter, or fails to comply with 18VAC41-50-280 F when making an assessment of credit hours awarded;

3. Obtained, attempted to obtain, renewed, or reinstated a license by false or fraudulent representation Attempts to obtain, obtained, renewed or reinstated a license, certificate, apprentice or temporary license by false or fraudulent representation;

4. Violates or induces others to violate, or cooperates with others in violating, any of the provisions of this chapter or Chapter 7 (§ 54.1-700 et seq.) of Title 54.1 of the Code of Virginia or any local ordinance or regulation governing standards of health and sanitation of the establishment in which tattooers, permanent cosmetic tattooers, or master permanent cosmetic tattooers may practice or offer to practice;

5. Offers, gives, or promises anything of value or benefit to any federal, state, or local employee for the purpose of influencing that employee to circumvent, in the performance of that employee's duties, any federal, state, or local law, regulation, or ordinance governing tattooing as defined in § 54.1-700 of the Code of Virginia;

6. Fails to respond to the board or any of its agents or provides false, misleading, or incomplete information to an inquiry by the board or any of its agents;

7. Fails or refuses to allow the board or any of its agents to inspect during reasonable hours any licensed parlor, salon, or school for compliance with provisions of Chapter 7 (§ 54.1-700 et seq.) or this chapter;

8. Fails to produce, upon request or demand of the board or any of its agents, any document, book, record, or copy thereof in a licensee's, certificate holder's, temporary license holder's, apprentice's, applicant's or responsible management's possession or maintained in accordance with this chapter;

9. Fails to notify the board of a change of name or address in writing within 30 days of the change for each and every license, certificate, apprentice, or temporary license;

10. Makes any misrepresentation or publishes or causes to be published any advertisement that is false, deceptive, or misleading;

11. Fails to notify the board in writing within 30 days of the suspension, revocation, or surrender of a license or certificate in connection with a disciplinary action in any other jurisdiction or of any license or certificate that has been the subject of disciplinary action in any other jurisdiction any final action or disciplinary action taken against a license, apprentice, temporary license or certificate in any jurisdiction by a local, state or national regulatory body;

12. Has been convicted or found guilty, regardless of the manner of adjudication in Virginia or any other jurisdiction of the United States, of a misdemeanor involving moral turpitude, sexual offense, non-marijuana drug distribution, or physical injury or any felony, there being no appeal pending therefrom or the time for appeal having elapsed. Review of convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. The record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such conviction or guilt;

13. Fails to inform the board in writing within 30 days of pleading guilty or nolo contendere or being convicted or found guilty regardless of adjudication of any convictions as stated in subdivision 12 of this section;

14. Allows, as responsible management of a parlor, or salon, or school, a person who has not obtained a license, temporary license, or guest tattooer license to practice as a tattooer, permanent cosmetic tattooer , or master permanent cosmetic tattooer, unless the person is duly enrolled licensed as an apprentice;

15. Allows, as responsible management of a school, a person who has not obtained an instructor certificate or student instructor temporary license to practice as a tattooing, or permanent cosmetic tattooing instructor, or master permanent cosmetic tattooing instructor;

16. Fails to take sufficient measures to prevent transmission of communicable or infectious diseases or fails to comply with sanitary requirements provided for in this chapter or any local, state, or federal law or regulation governing the standards of health and sanitation for the practice of tattooing, or the operation of tattoo parlors or permanent cosmetic tattooing salons; or

17. Fails to comply with all procedures established by the board and the testing service with regard to conduct at any board examination.