Virginia Law

A. Any individual who wants to engage in body-piercing or ear-piercing 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 body-piercer or ear-piercer in every jurisdiction where licensed, certified, or registered. The applicant must 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 body-piercer or ear-piercer. This disclosure includes monetary penalties, fines, suspensions, revocations, surrender of a license in connection with a disciplinary action, or voluntary termination of a license. The applicant must disclose to the board at the time of application for licensure if the applicant has been previously licensed in Virginia as a body-piercer or ear-piercer.

Upon review of the applicant's prior disciplinary action, the board, in its discretion, may deny licensure to any applicant who the board deems unfit or unsuited to engage in body-piercing, ear-piercing, or ear-piercing earlobe only. 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 must 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 must disclose the applicant's physical address. A post office box is not acceptable.

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

4. 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:

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; and

b. All felony convictions within 20 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 must provide evidence satisfactory to the board that the applicant has passed the respective board-approved examination, administered either by the board or by a designated testing service.

B. Eligibility to sit for a board-approved examination.

1. Training in the Commonwealth of Virginia. Any person completing one of the following programs is eligible to sit for an examination:

a. An approved body-piercing apprenticeship program in a Virginia licensed body-piercing salon; or

b. An approved ear-piercing apprenticeship program in a Virginia licensed body-piercing or ear-piercing salon.

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

C. In order to receive a license as an ear-piercer earlobe only, an applicant must meet the following qualifications:

1. The applicant must have completed a minimum of three hours of board-approved health education to include bloodborne disease and first aid and provide verification of training on a mechanized, presterilized ear-piercing system that penetrates the lobe of the ear and aftercare of piercing.

2. The applicant must be in good standing in every jurisdiction where licensed, certified, or registered. The applicant must disclose to the board at the time of application for licensure any disciplinary action taken in another jurisdiction in connection with the applicant's licensed, certified, or registered practice. The applicant must disclose to the board at the time of application for licensure whether the applicant has been previously licensed in Virginia in any profession regulated by the board.

3. The applicant must disclose the applicant's physical address. A post office box is not acceptable.

4. The applicant must sign, as part of the application, a statement certifying that the applicant has read and understands the Virginia body-piercing and ear-piercing license laws and the board's body-piercing regulations.

5. 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:

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; and

b. All felony convictions within 20 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.