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2015 SESSION
15101381DBe it enacted by the General Assembly of Virginia:
1. That § 54.1-700 of the Code of Virginia is amended and reenacted as follows:
§ 54.1-700. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Approved school" or "school" means a place or establishment licensed by the Board to accept and train students in a curriculum, either practically or theoretically or both, of barbering, body-piercing, cosmetology, esthetics, nail care, tattooing, or waxing.
"Barber" means any person who shaves, shapes or trims the beard; cuts, singes, shampoos or dyes the hair or applies lotions thereto; applies, treats or massages the face, neck or scalp with oils, creams, lotions, cosmetics, antiseptics, powders, clays or other preparations in connection with shaving, cutting or trimming the hair or beard, and practices barbering for compensation and when such services are not performed for the treatment of disease.
"Barbering" means any one or any combination of the
following acts, when done on the human body for compensation and not for the
treatment of disease,: shaving, shaping and trimming
the beard; cutting, singeing, shampooing or dyeing the hair or applying lotions
thereto; applications, treatment or massages of the face, neck or scalp with
oils, creams, lotions, cosmetics, antiseptics, powders, clays, or other
preparations in connection with shaving, cutting or trimming the hair or a
beard. The term "barbering" shall does not apply to the acts
described hereinabove in this definition when
performed by any person in his home if such service is not offered to the
public.
"Barber instructor" means any person who
has been certified by the Board as having completed an approved curriculum and
who meets the competency standards of the Board as an instructor of barbering.
"Barbershop" means any establishment or place of business within which the practice of barbering is engaged in or carried on by one or more barbers.
"Board" means the Board for Barbers and Cosmetology.
"Body-piercer" means any person who for remuneration penetrates the skin of a person to make a hole, mark, or scar, generally permanent in nature.
"Body-piercing" means the act of penetrating the skin of a person to make a hole, mark, or scar, generally permanent in nature.
"Body-piercing salon" means any place in which a fee is charged for the act of penetrating the skin of a person to make a hole, mark, or scar, generally permanent in nature.
"Body-piercing school" means a place or
establishment licensed by the Board to accept and train students in
body-piercing.
"Cosmetic treatments" includes but is not limited to: (i) the following practices to enhance or improve the appearance of the skin: cleansing, toning, performing effleurage or other related movements, stimulating, exfoliating, or performing any other similar procedure on the skin of the human body or scalp by means of cosmetic preparations, treatments, or any nonlaser device, whether electrical, mechanical, or manual, for care of the skin; (ii) applying make-up or eyelashes to any person, tinting or perming eyelashes and eyebrows, or lightening hair on the body except the scalp; and (iii) removing unwanted hair from the body of any person by the use of tweezing or by chemical or mechanical means but does not include removing hair by the use of string or thread.
"Cosmetologist" means any person who administers cosmetic treatments; manicures or pedicures the nails of any person; arranges, dresses, curls, waves, cleanses, cuts, shapes, singes, waxes, tweezes, shaves, bleaches, colors, relaxes, straightens, or performs similar work, upon human hair, or a wig or hairpiece, by any means, including hands or mechanical or electrical apparatus or appliances unless such acts as adjusting, combing, or brushing prestyled wigs or hairpieces do not alter the prestyled nature of the wig or hairpiece, and practices cosmetology for compensation.
"Cosmetology" includes, but is not limited to, the
following practices: administering cosmetic treatments; manicuring or pedicuring
the nails of any person; arranging, dressing, curling, waving, cleansing,
cutting, shaping, singeing, waxing, tweezing, shaving, bleaching, coloring,
relaxing, straightening, or similar work, upon human hair, or a wig or
hairpiece, by any means, including hands or mechanical or electrical apparatus
or appliances,
but shall does
not include hair braiding or such acts as adjusting, combing, or brushing
prestyled wigs or hairpieces when such acts do not alter the prestyled nature
of the wig or hairpiece.
"Cosmetology instructor" means a person
who has been certified by the Board as having completed an approved curriculum
and who meets the competency standards of the Board as an instructor of
cosmetology.
"Cosmetology salon" means any commercial establishment, residence, vehicle or other establishment, place or event wherein cosmetology is offered or practiced on a regular basis for compensation and may include the training of apprentices under regulations of the Board.
"Esthetician" means a person who engages in the practice of esthetics for compensation.
"Esthetics" includes, but
is not limited to, the following practices means the practice of administering cosmetic treatments to enhance
or improve the appearance of the skin: cleansing, toning, performing effleurage
or other related movements, stimulating, exfoliating, or performing any other
similar procedure on the skin of the human body or scalp by means of cosmetic
preparations, treatments, any nonlaser device, electrical, mechanical, or
manual, for care of the skin; applying make-up or eyelashes to any person,
tinting or perming eyelashes and eyebrows, and lightening hair on the body
except the scalp; and removing unwanted hair from the body of any person by the
use of tweezing, chemical, or mechanical means. However,
"esthetics" is not a healing art and shall does not include any practice,
activity, or treatment that constitutes the practice of medicine, osteopathic
medicine, or chiropractic. The terms "healing arts," "practice
of medicine," "practice of osteopathic medicine," and
"practice of chiropractic" shall mean have the same meanings as those terms are
defined in § 54.1-2900.
"Esthetics instructor" means a licensed
esthetician who has been certified by the Board as having completed an approved
curriculum and who meets the competency standards of the Board as an instructor
of esthetics.
"Esthetics spa" means any commercial establishment, residence, vehicle, or other establishment, place, or event wherein esthetics is offered or practiced on a regular basis for compensation under regulations of the Board.
"Instructor" means a person who has been certified by the Board as meeting the competency standards to teach, conduct classes, and supervise students in an approved school of barbering, body-piercing, cosmetology, esthetics, nail care, tattooing, or waxing.
"Master esthetician" means a licensed esthetician who, in addition to the practice of esthetics, offers to the public for compensation, without the use of laser technology, lymphatic drainage, chemical exfoliation, or microdermabrasion, and who has met such additional requirements as determined by the Board to practice lymphatic drainage, chemical exfoliation with products other than Schedules II through VI controlled substances as defined in the Drug Control Act (§ 54.1-3400 et seq.), and microdermabrasion of the epidermis.
"Nail care" means manicuring or pedicuring natural nails or performing artificial nail services.
"Nail salon" means any commercial establishment, residence, vehicle or other establishment, place or event wherein nail care is offered or practiced on a regular basis for compensation and may include the training of apprentices under regulations of the Board.
"Nail school" means a place or
establishment licensed by the board to accept and train students in nail care.
"Nail technician" means any person who for compensation manicures or pedicures natural nails, or who performs artificial nail services for compensation, or any combination thereof.
"Nail technician instructor" means a
licensed nail technician who has been certified by the Board as having
completed an approved curriculum and who meets the competency standards of the
Board as an instructor of nail care.
"Physical (wax) depilatory" means the wax depilatory product or substance used to remove superfluous hair.
"School of cosmetology" means a place or
establishment licensed by the Board to accept and train students and which
offers a cosmetology curriculum approved by the Board.
"School of esthetics" means a place or
establishment licensed by the Board to accept and train students and which
offers an esthetics curriculum approved by the Board.
"Tattoo parlor" means any place in which tattooing is offered or practiced.
"Tattoo school" means a place or
establishment licensed by the Board to accept and train students in tattooing.
"Tattooer" means any person who for remuneration practices tattooing.
"Tattooing" means the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin.
"Wax technician" means any person licensed by the Board who removes hair from the hair follicle using a physical (wax) depilatory or by tweezing.
"Wax technician instructor" means a
licensed wax technician who has been certified by the Board as having completed
an approved curriculum and who meets the competency standards of the Board as
an instructor of waxing.
"Waxing" means the temporary removal of superfluous hair from the hair follicle on any area of the human body through the use of a physical (wax) depilatory or by tweezing.
"Waxing salon" means any commercial establishment, residence, vehicle or other establishment, place or event wherein waxing is offered or practiced on a regular basis for compensation and may include the training of apprentices under regulations of the Board.
"Waxing school" means a place or
establishment licensed by the Board to accept and train students in waxing.