Part I. General
18VAC41-50-10. Definitions.
A. The following words and terms when used in this chapter have the meanings ascribed to them in § 54.1-700 of the Code of Virginia:
"Board"
"Tattoo parlor"
"Tattoo school"
"Tattooer"
"Tattooing"
B. The following words and terms when used in this chapter have the following meanings, unless the context clearly indicates otherwise:
"Apprenticeship program" means an approved tattooing training program conducted by an approved apprenticeship sponsor.
"Apprenticeship sponsor" means an individual approved to conduct tattooing apprenticeship training who meets the qualifications in 18VAC41-50-70.
"Aseptic technique" means a hygienic practice that prevents and hinders the direct transfer of microorganisms, regardless of pathogenicity, from one person or place to another person or place.
"Business entity" means a sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or any other form of organization permitted by law.
"Clock hour" means a minimum of 50 minutes of supervised or directed instruction and appropriate breaks.
"Credit hour" means a combination of the number of hours in class each week and the number of hours per week in a laboratory by which a school may measure its course work. One unit of credit equals one hour of classroom or online study, two hours of laboratory experience, or three hours of internship or practicum or a combination of the three times the number of weeks in the term.
"Direct supervision" means (i) that a Virginia licensed tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer is present in the parlor or salon at all times when services are being performed by a temporary license holder or registered apprentice or (ii) that a Virginia licensed and certified tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing instructor or student instructor temporary license holder is present in the tattooing or permanent cosmetic tattooing school at all times when services are being performed by a student, student instructor, or temporary license holder.
"Each and every location" means, for the purposes of schools with multiple suites or classrooms, a single location is one that is enclosed under one roof and all classrooms or suites are within 500 feet of the main office.
"Event tattoo parlor" means a tattoo parlor temporary location licensed to operate for a maximum of seven consecutive days.
"Firm" means any business entity recognized under the laws of the Commonwealth of Virginia.
"Guest tattooer" means a tattooer, permanent cosmetic tattooer, or master permanent cosmetic tattooer residing outside of Virginia who is licensed only to work for a two-week period at a specified tattoo parlor or permanent cosmetic tattoo salon.
"Guest tattooer sponsor" means a licensed tattoo parlor or permanent cosmetic tattooing salon that is sponsoring and providing direct supervision of a guest tattooer.
"Licensee" means any individual or firm holding a license issued by the board.
"Master permanent cosmetic tattooer" means any person who for compensation practices permanent cosmetic tattooing known in the industry as advanced permanent cosmetic tattooing, including eye shadow and breast and scar repigmentation or camouflage.
"Master permanent cosmetic tattooing instructor" means a person who has been certified by the board and who meets the competency standards of the board as an instructor of master permanent cosmetic tattooing.
"Permanent cosmetic tattoo salon" means any place in which permanent cosmetic tattooing is offered or practiced for compensation.
"Permanent cosmetic tattooer" means any person who for compensation practices permanent cosmetic tattooing known in the industry as basic permanent cosmetic tattooing, including eyebrows, microblading, scalp micropigmentation, eyeliners, lip coloring, lip liners, or full lips.
"Permanent cosmetic tattooing" means placing marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin on the face, including eyebrows, eyeliners, lip coloring, lip liners, full lips, cheek blush, eye shadow, forehead and scalp micropigmentation, and on the body for breast and scar repigmentation or camouflage, also known as permanent makeup or micropigmentation.
"Permanent cosmetic tattooing instructor" means a person who has been certified by the board who meets the competency standards of the board as an instructor of permanent cosmetic tattooing.
"Permanent cosmetic tattooing school" means a place or establishment licensed by the board to accept and train students and that offers a permanent cosmetic tattooing or master permanent cosmetic tattooing curriculum approved by the board.
"Pigments" means tattooing ink designed for use on human skin.
"Post-secondary educational level" means an accredited college or university that is approved or accredited by an accrediting agency recognized by the U.S. Department of Education.
"Reasonable hours" means the hours between 9 a.m. and 5 p.m.; however, if the licensee generally is not open to the public substantially during the same hours, "reasonable hours" means the business hours when the licensee is open to the public.
"Reinstatement" means having a license restored to effectiveness after the expiration date has passed.
"Renewal" means continuing the effectiveness of a license or certificate for another period of time.
"Responsible management" means the following individuals:
1. The sole proprietor of a sole proprietorship;
2. The partners of a general partnership;
3. The managing partners of a limited partnership;
4. The officers of a corporation;
5. The managers of a limited liability company;
6. The officers or directors of an association; and
7. Individuals in other business entities recognized under the laws of the Commonwealth as having a fiduciary responsibility to the firm.
"Sole proprietor" means any individual, not a corporation, who is trading under that individual's own name or under an assumed or fictitious name pursuant to the provisions of §§ 59.1-69 through 59.1-76 of the Code of Virginia.
"Sterilization area" means a separate room or area separate from workstations with restricted client access in which tattooing instruments are cleaned, disinfected, and sterilized.
"Substantially equivalent exam" means an examination administered by the licensing entity that covers Virginia's scope of practice for that profession.
"Substantially equivalent training" means at least 80% of the required hours in Virginia and curriculum content covering Virginia's scope of practice for that profession.
"Tattoo convention" means an event where Virginia and out-of-state tattooers gather for no more than seven consecutive days to offer tattooing services to the public.
"Tattooing instructor" means a person who has been certified by the board who meets the competency standards of the board as an instructor of tattooing.
"Temporary location" means a fixed location at which tattooing is performed for a specified length of time of not more than seven days in conjunction with a single event or convention.
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.
18VAC41-50-15. Gratuitous services.
As provided in subdivision 5 of § 54.1-701 of the Code of Virginia, any individual who engages in tattooing, guest tattooing, permanent cosmetic tattooing, or master permanent cosmetic tattooing without receiving compensation, reward, or obligation is considered to be performing gratuitous services and is exempt from the provisions of this chapter. Gratuitous services do not include services provided at no charge when goods are purchased.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 42, Issue 11, eff. January 5, 2026.