Virginia Law

A. Sanitation and safety standards.

1. Any spa or school where esthetics services are delivered to the public must be clean and sanitary at all times.

2. Mobile spas must be stationary while providing services and may not operate where prohibited by local ordinance.

3. Compliance with these rules does not confer compliance with other requirements set forth by federal, state, and local laws, codes, ordinances, and regulations as they apply to business operation, physical construction and maintenance, safety, and public health.

4. Licensees must take sufficient measures to prevent the transmission of communicable and infectious diseases and comply with the sanitation standards identified in this section and must ensure that all employees likewise comply.

B. Disinfection and storage of implements.

1. Each esthetician and master esthetician must have a wet disinfection unit available for use and must meet the standards in the definition of wet disinfection requirements. A wet disinfection unit must have a cover to prevent contamination and any disinfection solutions must be used according to manufacturer instructions.

2. Disinfection of multiuse implements constructed of hard, nonporous materials such as metal, glass, or plastic that the manufacturer designed for use on more than one client is to be carried out in the following manner prior to servicing a client:

a. Remove all foreign matter from the object, utilizing a brush if needed;

b. Wash thoroughly with hot water and soap;

c. Rinse thoroughly with clean water and dry thoroughly with a clean paper towel;

d. Fully immerse implements into wet disinfectant solution for a minimum of 10 minutes; and

e. After immersion, rinse articles, dry thoroughly with a clean paper towel, and store in a clean, predisinfected, and dry cabinet, drawer, or sealed covered container, or leave instruments in a wet disinfection unit used according to manufacturer's directions.

3. Single-use items designed by the manufacturer for use on no more than one client should be discarded immediately after use on each individual client, including powder puffs, lip color, cheek color, sponges, styptic pencils, wood implements, chamois, skin care implements, or disposable razors. The disinfection and reuse of these items is not permitted and the use of single-use items on more than one client is prohibited.

4. For the purpose of recharging, rechargeable tools or implements may be stored in an area other than in a closed cabinet or container. This area must be clean.

5. All wax pots must be cleaned and disinfected with an EPA-registered disinfectant that is bactericidal, virucidal, and fungicidal with no sticks left standing in the wax at any time. The area immediately surrounding the wax pot must be clean and free of clutter, waste materials, spills, and any other items that may pose a hazard.

6. Sinks, bowls, tubs, whirlpool units, air-jetted basins, pipe-less units, and non-whirlpool basins necessitated by the performance of skin care services must be maintained in accordance with manufacturer's recommendations. They must be cleaned and disinfected immediately after each client in the following manner:

a. Drain all water and remove all debris;

b. Clean the surfaces and walls with soap or detergent to remove all visible debris, oils, and product residues and then rinse with water;

c. Disinfect by spraying or wiping the surface with an EPA-registered disinfectant that is bactericidal, virucidal, and fungicidal in accordance with manufacturer directions; and

d. Wipe dry with a clean towel.

C. General sanitation and safety requirements.

1. Service chairs, workstations and workstands, and back bars must be clean;

2. The floor surface in all work areas must be of a washable surface other than carpet;

3. All furniture, fixtures, walls, floors, windows, and ceilings must be in good repair and free of water seepage and dirt. All mats must be secured or lie flat;

4. A fully functional bathroom with a working toilet and sink must be available for clients. There must be hot and cold running water. Fixtures must be in good condition. The bathroom must be lighted and sufficiently ventilated. There must be soap and clean single-use towels or a hand air-drying device for the client's use. For facilities newly occupied after January 1, 2017, the bathroom must be available for client use and must adhere to all sanitation requirements of this chapter;

5. Electrical cords must be placed to prevent entanglement by the client or licensee and electrical outlets must be covered by plates;

6. All sharp tools, implements, and heat-producing appliances must be in safe working order at all times, safely stored, and placed so as to prevent any accidental injury to the client or licensee;

7. The spa area must be sufficiently ventilated to exhaust hazardous or objectionable airborne chemicals and to allow the free flow of air; and

8. Adequate lighting must be provided.

D. Articles, tools, and products.

1. Any multiuse article, tool, or product that cannot be cleansed or disinfected is prohibited from use;

2. Soiled implements must be removed from the tops of work stations immediately after use;

3. Clean spatulas, other clean tools, or clean disposable gloves must be used to remove bulk substances from containers;

4. Any multiuse article, tool, or product that cannot be disinfected by full immersion as specified in 18VAC41-70-270 B 2 or cleaned according to manufacturer's recommendation, including natural hairbrushes or neck dusters, is prohibited from use;

5. Lotions, ointments, creams, and powders must be accurately labeled and kept in closed containers. A clean spatula must be used to remove creams or other products from jars. Sterile cotton or sponges must be used to apply creams, lotions, and powders. Cosmetic containers must be covered after each use;

6. All appliances must be safely stored;

7. Presanitized tools and implements, linens, and equipment must be stored for use in a sanitary enclosed cabinet or covered receptacle;

8. Clean towels, robes, or other linens must be used for each patron. Clean towels, robes, or other linens must be stored in a clean predisinfected and dry cabinet, drawer, or nonairtight covered container. Soiled towels, robes, or other linens must be stored in a container enclosed on all sides, including the top, except if stored in a separate laundry room;

9. No substance other than a sterile styptic powder or sterile liquid astringent approved for homeostasis and applied with a sterile single-use applicator may be used to check bleeding; and

10. Any disposable material making contact with blood or other body fluid must be double-bagged, labeled as a biohazard, and disposed of in a closed receptacle.

E. Chemical storage and emergency information.

1. Spas and schools must have in the immediate working area a binder with all Safety Data Sheets (SDS) provided by manufacturers for any chemical products used;

2. Spas and schools must have a blood spill clean-up kit in the work area that contains, at a 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;

3. Flammable chemicals must be labeled and stored in a nonflammable storage cabinet or a properly ventilated room; and

4. Chemicals that could interact in a hazardous manner (e.g., oxidizers, catalysts, and solvents) must be labeled and separated in storage.

F. Client health guidelines.

1. All employees providing client services must cleanse their hands with a soap product prior to providing services to each client;

2. All employees providing client services must wear gloves while providing services when exposure to bloodborne pathogens is possible;

3. No spa or school providing esthetics services will have on the premises esthetics products containing hazardous substances that have been banned by the U.S. Food and Drug Administration (FDA) for use in esthetics products;

4. No product will be used in a manner that is disapproved by the FDA; and

5. Esthetics spas must be in compliance with current building and zoning codes.

G. In addition to the requirements set forth in this section, all licensees and temporary license holders must adhere to regulations and guidelines established by the Virginia Department of Health and the Occupational and Safety Division of the Virginia Department of Labor and Industry.

H. All spas and schools must immediately report the results of any inspection of the spa or school by the Virginia Department of Health as required by § 54.1-705 of the Code of Virginia.

I. All spas and schools must conduct a self-inspection on an annual basis and maintain a self-inspection form on file for five years so that it may be requested and reviewed by the board at its discretion.