18VAC41-50-420. Grounds for license or certificate revocation, suspension or probation; denial of application, renewal, or reinstatement; or imposition of a monetary penalty.
The board may, in considering the totality of the circumstances, refuse to issue, renew, or reinstate a license or certificate; 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, negligent, or unable, as a result of any mental or physical condition, as those terms are generally understood in the profession, to skillfully and safely (i) practice as a tattooer, tattooer apprentice, permanent cosmetic tattooer, or master permanent cosmetic tattooer or (ii) operate a parlor, 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, 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. Attempts to obtain, renew, or reinstate a license, certificate, or 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, or 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 any final action or disciplinary action taken against a license, apprentice or 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 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;
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, 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 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, permanent cosmetic tattooing, 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.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 22, Issue 25, eff. October 1, 2006; amended, Virginia Register Volume 39, Issue 22, eff. September 1, 2023; Volume 42, Issue 11, eff. January 5, 2026.