2006 Code of Virginia § 54.1-700 - Definitions

54.1-700. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Barber" means any person who shaves, shapes or trims the beard; cuts,singes, shampoos or dyes the hair or applies lotions thereto; applies, treatsor 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 forcompensation and when such services are not performed for the treatment ofdisease.

"Barbering" means any one or any combination of the following acts, whendone on the human body for compensation and not for the treatment of disease,shaving, shaping and trimming the beard; cutting, singeing, shampooing ordyeing the hair or applying lotions thereto; applications, treatment ormassages of the face, neck or scalp with oils, creams, lotions, cosmetics,antiseptics, powders, clays, or other preparations in connection withshaving, cutting or trimming the hair or a beard. The term "barbering"shall not apply to the acts described hereinabove when performed by anyperson in his home if such service is not offered to the public.

"Barber instructor" means any person who has been certified by the Board ashaving completed an approved curriculum and who meets the competencystandards of the Board as an instructor of barbering.

"Barbershop" means any establishment or place of business within which thepractice 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 ofa 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 ahole, mark, or scar, generally permanent in nature.

"Body-piercing salon" means any place in which a fee is charged for the actof penetrating the skin of a person to make a hole, mark, or scar, generallypermanent in nature.

"Body-piercing school" means a place or establishment licensed by the Boardto accept and train students in body-piercing.

"Braiding salon" means any commercial establishment, residence, vehicle, orother establishment, place, or event wherein hair braiding is offered orpracticed on a regular basis for compensation.

"Braiding school" means a place or establishment licensed by the Board toaccept and train students and which offers a hair braiding curriculumapproved by the Board.

"Cosmetologist" means any person who administers cosmetic treatments;manicures or pedicures the nails of any person; arranges, braids, dresses,curls, waves, cleanses, cuts, shapes, singes, waxes, tweezes, shaves,bleaches, colors, relaxes, straightens, or performs similar work, upon humanhair, or a wig or hairpiece, by any means, including hands or mechanical orelectrical apparatus or appliances unless such acts as adjusting, combing, orbrushing prestyled wigs or hairpieces do not alter the prestyled nature ofthe 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 anyperson; arranging, braiding, 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, byany means, including hands or mechanical or electrical apparatus orappliances, but shall not include such acts as adjusting, combing, orbrushing prestyled wigs or hairpieces when such acts do not alter theprestyled nature of the wig or hairpiece.

"Cosmetology instructor" means a person who has been certified by the Boardas having completed an approved curriculum and who meets the competencystandards of the Board as an instructor of cosmetology.

"Cosmetology salon" means any commercial establishment, residence, vehicleor other establishment, place or event wherein cosmetology is offered orpracticed on a regular basis for compensation and may include the training ofapprentices under regulations of the Board.

(Effective July 1, 2007) "Esthetician" means a person who engages in thepractice of esthetics for compensation.

(Effective July 1, 2007) "Esthetics" includes, but is not limited to, thefollowing practices of administering cosmetic treatments to enhance orimprove the appearance of the skin: cleansing, toning, performing effleurageor other related movements, stimulating, exfoliating, or performing any othersimilar procedure on the skin of the human body or scalp by means of cosmeticpreparations, treatments, any nonlaser device, electrical, mechanical, ormanual, for care of the skin; applying make-up or eyelashes to any person,tinting or perming eyelashes and eyebrows, and lightening hair on the bodyexcept the scalp; and removing unwanted hair from the body of any person bythe use of tweezing, chemical, or mechanical means. However, "esthetics" isnot a healing art and shall not include any practice, activity, or treatmentthat constitutes the practice of medicine, osteopathic medicine, orchiropractic. The terms "healing arts," "practice of medicine,""practice of osteopathic medicine," and "practice of chiropractic" shallmean the same as those terms are defined in 54.1-2900.

(Effective July 1, 2007) "Esthetics instructor" means a licensedesthetician who has been certified by the Board as having completed anapproved curriculum and who meets the competency standards of the Board as aninstructor of esthetics.

(Effective July 1, 2007) "Esthetics spa" means any commercialestablishment, residence, vehicle, or other establishment, place, or eventwherein esthetics is offered or practiced on a regular basis for compensationunder regulations of the Board.

"Hair braider" means a person who engages in the practice of hair braidingon a regular basis for compensation.

"Hair braiding" means the braiding, twisting, wrapping, weaving, extending,or locking of natural human hair by hand or mechanical device, provided thatthe service does not include hair cutting or the application of dyes,reactive chemicals, or other preparations to alter the color of the hair orto straighten, curl, or alter the structure of the hair.

(Effective July 1, 2007) "Master esthetician" means a licensed estheticianwho, in addition to the practice of esthetics, offers to the public forcompensation, without the use of laser technology, lymphatic drainage,chemical exfoliation, or microdermabrasion, and who has met such additionalrequirements as determined by the Board to practice lymphatic drainage,chemical exfoliation with products other than Schedules II through VIcontrolled substances as defined in the Drug Control Act ( 54.1-3400 etseq.), and microdermabrasion of the epidermis.

"Nail care" means manicuring or pedicuring natural nails or performingartificial nail services.

"Nail salon" means any commercial establishment, residence, vehicle orother establishment, place or event wherein nail care is offered or practicedon a regular basis for compensation and may include the training ofapprentices under regulations of the Board.

"Nail school" means a place or establishment licensed by the board toaccept and train students in nail care.

"Nail technician" means any person who for compensation manicures orpedicures natural nails, or who performs artificial nail services forcompensation, or any combination thereof.

"Nail technician instructor" means a licensed nail technician who has beencertified by the Board as having completed an approved curriculum and whomeets the competency standards of the Board as an instructor of nail care.

"Physical (wax) depilatory" means the wax depilatory product or substanceused to remove superfluous hair.

"School of cosmetology" means a place or establishment licensed by theBoard to accept and train students and which offers a cosmetology curriculumapproved by the Board.

(Effective July 1, 2007) "School of esthetics" means a place orestablishment licensed by the Board to accept and train students and whichoffers 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 toaccept 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 orany other substance, resulting in the permanent coloration of the skin,including permanent make-up or permanent jewelry, by the aid of needles orany other instrument designed to touch or puncture the skin.

"Wax technician" means any person licensed by the Board who removes hairfrom the hair follicle using a physical (wax) depilatory or by tweezing.

"Wax technician instructor" means a licensed wax technician who has beencertified by the Board as having completed an approved curriculum and whomeets the competency standards of the Board as an instructor of waxing.

"Waxing" means the temporary removal of superfluous hair from the hairfollicle 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 orother establishment, place or event wherein waxing is offered or practiced ona regular basis for compensation and may include the training of apprenticesunder regulations of the Board.

"Waxing school" means a place or establishment licensed by the Board toaccept and train students in waxing.

(1962, c. 639, 1, 54-83.2; 1966, c. 610; 1973, c. 86; 1974, c. 534; 1988,c. 765; 2000, c. 726; 2002, cc. 797, 869; 2003, c. 600; 2005, c. 829.)