CHAPTER 631

An Act to amend the Code of Virginia by adding in Title 54 a chapter
numbered 6.1 containing sections numbered 54-112.1 through
54-112.25, inclusive; to create the Virginia Commission of Registered
Professional Hairdressers, and prescribe its powers, duties and com-
pensation; to provide for the examination, registration and licensing
of Registered Professional Hairdressers, and for the renewal and
revocation of such registrations; to provide for the collection of
certain fees and to appropriate the same; to prohibit certain acts,
and to provide penalties for violations.
[S 115]

Approved April 6, 1962

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding in Title 54 a chapter
numbered 6.1, containing sections numbered 54-112.1 through 54-112.25,
as follows:

§ 54-112.1. Nothing in this chapter shall apply to:

(1) Barbers or barber shops.

(2) Gratuitous service as a Registered Professional Hairdresser.

(8) Students enrolled in a tax-supported school taking a course in
cosmetology or students of a school of cosmetology approved by the
Commission.

(4) Persons giving patented home permanent waves only, as such
are commonly known, for compensation, provided that such person has
first secured a business license as provided by law.

(5) Apprentices serving as provided in § 54-112.12.

§ 54-112.2. As used in this Chapter:

(1) “Cosmetic” means and includes any external application or
substance intended to beautify and improve the complexion, skin, or hair.

(2) “Registered Professional Hairdresser” means any person licensed
by the Commission to use cosmetics, or giving cosmetic treatments, or
cutting, curling, treating or dressing human hair for compensation.

§ 54-112.3. On and after January one, nineteen hundred sixty-three,
no person shall hold himself out as being or shall practice or offer to
practice as a “Registered Professional Hairdresser” unless he is the holder
of a certificate of registration as hereinafter provided.

§ 54-112.4. There is hereby created the “Virginia State Board of
Registered Professional Hairdressers”. The Board members shall be
appointed by the Governor and shall be composed of five members; one
to serve until June thirty, nineteen hundred sixty-three, one to serve
until June thirty, nineteen hundred sixty-four, one to serve until June
thirty, nineteen hundred sixty-five, one to serve until June thirty, nineteen
hundred sixty-six and one to serve until June thirty, nineteen hundred
sixty-seven. Thereafter, members shall be appointed for a term of five
years. Two Board members shall have been engaged in the practice of
hairdressing for at least five years prior to appointment. All interim
vacancies occurring on the Board shall be filled for the unexpired term
by the Governor.

§ 54-112.5. No person shall be eligible to serve on the Board for or
during more than two successive terms.

§ 54-112.6. The Commission shall make such reasonable rules and
regulations, not inconsistent with law, as may be necessary for the
performance of its duties, and to promote the ethical practice of “Pro-
fessional Hairdressing” and to discourage violations of the Act.

§ 54-112.7. There shall be a Chairman and a Vice-Chairman, each
of whom shall be elected annually by the Commission from its own
members. The administrative work of the Commission shall be per-
formed by the Director of the Department of Professional and Occupa-
tional Registration who shall act also as Secretary-Treasurer of the
Commission and who shall keep a full and complete record of all of the
proceedings of the Commission and of its accounts, which shall be open
to public inspection at all reasonable times.

§ 54-112.8. The Commission shall hold its annual meeting on the fourth
Monday in April of each year and in the city of Richmond, Virginia;
and may hold such other meetings at such times and places and upon
such notice as the Commission may determine and as its business may
require. Three members of the Commission shall constitute a quorum
for the transaction of business.

§ 54-112.9. The members of the Commission shall receive fifteen
dollars per day and shall be paid for their expenses incurred in perform-
ance of their duties.

§ 54-112.10. The Commission shall submit to the Governor an annual
report of its proceedings and a detailed account of all moneys received
and disbursed by it during the preceding year.

§ 54-112.11. The Commission shall make reasonable provision for
the examination of applicants for licensing as licensed ‘“‘Registered Pro-
fessional Hairdressers” and shall make such reasonable rules and regu-
lations governing examinations whereby the health, welfare, and safety
of the public shall be adequately protected.

Such examinations shall be held at least twice in each year if there
be any applicants for examination who have applied to the Commission
for examination at least thirty days before the date fixed for the holding
of such examinations, at such times and places as the said Commission
may determine.

§ 54-112.12. Upon filing timely application with the Department
of Professional and Occupational Registration, upon forms approved by
the Commission and upon payment of an examination fee of fifteen dollars,
which fee shall be nonrefundable, any person desiring to qualify for
licensing as a “Registered Professional Hairdresser” shall be permitted
to take such an examination provided that he submits, with his applica-
tion, evidence satisfactory to the Director of said Department that:

(1) He is at least seventeen years of age; and

(2) He has at least an eighth grade education or the equivalent
thereof in the opinion of the Commissioner; and

(3) He is of good moral character; and

(4) He is not suffering from an infectious or contagious disease in
a communicable state.

(5) All persons desiring to be examined and who file applications
on or after January one, nineteen hundred sixty-three, shall, in addition
to the foregoing, meet one of the following requirements:

A. Have completed the required course in cosmetology, in a tax-
supported school, which course has been approved by the State De-
partment of Education.

B. Completed the required course in cosmetology, which course has
been approved by the State Department of Education at a school ap-
proved by the Commission.

C. Completed an apprenticeship course in accordance with the stand-
ards established by the Division of Apprenticeship Training of the State
Department of Labor and Industry in a shop approved by the Commission.
§ 54-112.13. Examinations shall be confined to such knowledge as
lS essential, especially from the standpoint of protection of the public,
for practice as a Registered Professional Hairdresser, provided that
examinations shall embrace the following subjects:

(a) Sanitation

(b) Use of electrical appliances

(c) Practical hygiene

(d) Materials of cosmetology

(e) Applied cosmetology, including hairdressing

The examination shall be given in two parts as follows: (1) Sani-
tation, use of electrical appliances, practical hygiene, manicure and
pedicure; (2) Materials of cosmetology, applied cosmetology and hair-
dressing.

Any person satisfactorily passing one part shall not be required to
take the examination as to that part again provided said person shall
satisfactorily pass both parts within two years.

§ 54-112.14. Each applicant who successfully completes the examina-
tion shall receive a Certificate of “Registered Professional Hairdresser’’.

§ 54-112.15. Every person who is at least seventeen years of age,
of good moral character, if free of an infectious or contagious disease
in a communicable stage, and who has been substantially engaged for
a period of at least nine months as a hairdresser in Virginia prior to the
effective date of this Chapter, and who is now so engaged, shall upon
filing satisfactory evidence thereof with the Commission, and upon pay-
ment of a fee of ten dollars on or before July one, nineteen hundred sixty-
three, be issued a license forthwith as a “Registered Professional Hair-
dresser”. For good causes shown, the Commission may extend the time
in which a qualified person may make application for a license and pay
the fee prescribed by this Section. For the purposes of this Chapter
“substantially engaged’’ means a substantial portion of such person’s
gainfully employed time, the object of this Chapter being to assure that
only qualified persons shall practice as ‘Registered Professional Hair-
dressers’’.

§ 54-112.16. (a) Any person who has been duly licensed to practice
as a cosmetologist in any state in the United States which has a standard
of qualifications and examinations for such practice as high as that
provided for in Virginia by this Chapter, or who has been principally
engaged in such practice pursuant to such license, for a period of not less
than two years preceding may, upon proper application to the Commis-
sion and upon the payment of the sum of fifteen dollars, in lieu of ex-
amination and registration fees, be issued a Certificate of Registration
without examination and shall thereupon be authorized to practice as
a “Registered Professional Hairdresser” in this State, provided, however,
the same privilege be granted to citizens of this State.

(b) A nonresident ‘Registered Professional Hairdresser” may give
demonstrations in Virginia of the practice of cosmetology and hairdressing
for a period of not more than seven days in any calendar year without
first obtaining a Virginia Certificate of Registration.

§ 54-112.17. Every person to whom a certificate of registration has
been granted under this Chapter shall display the same in a conspicuous
part of the establishment wherein he is engaged as a “Registered Pro-
fessional Hairdresser’’.

§ 54-112.18. The operations of every ‘Registered Professional Hair-
dresser” shall be conducted in space separate from any living quarters,
although the same may be located in space in the same building as living
quarters.

§ 54-112.19. On or before January one, nineteen hundred sixty-three,
and annually thereafter, every ‘‘Registered Professional Hairdresser”
shall pay to the Department of Professional and Occupational Registra-
tion a fee of five dollars for the renewal of his certificate.

§ 54-112.20. All fees payable under this Chapter shall be collected
by the Secretary-Treasurer of the Commission and paid by him to the
general fund of the State Treasury. All money so collected during the
biennium beginning July one, nineteen hundred sixty-two, is hereby
appropriated to the Department of Professional and Occupational Regis-
tration for expenditure in carrying out the provisions of this Chapter.
§ 54-112.21. (a) The Commission shall revoke or suspend the cer-
tificate of registration of any person for any of the following causes:

(1) If such person is or becomes incompetent to practice as a
“Registered Professional Hairdresser” through addictions to narcotics,
alcohol or otherwise;

(2) Or, be guilty of fraud or deceit in the practice as a “Registered
Professional Hairdresser” or in complying with, or in securing any of
the benefits provided by the provisions of this Chapter;

(3) Or, shall practice as a “Registered Professional Hairdresser”
while suffering any infectious or contagious disease in a communicable

ge;

(4) Or, violates, induces others to violate or cooperates with others
in violating any of the provisions of this Chapter, or any lawful regulation
by the Commission in furtherance of this Chapter;

(5) Or, violates, induces others to violate or cooperates with others
in violating any lawful rule or regulation of the State Department of
Health governing standards of health and sanitation of the establish-
ment in which any “Registered Professional Hairdressers’”’ shall practice
or offer to practice.

Provided, however, that no certificate shall be revoked until the
holder thereof is given a hearing before the Commission after ten days
written notice of the time and place for such hearing. Such notice shall
be sent by the Secretary of the Commission by registered or certified
mail to the last known address of such person.

(b) In connection with any such hearings, the Commission shall
have power to issue subpoenas and subpoenas duces tecum, and at the
request of any party shall issue such subpoenas, and the failure of a
witness, without legal excuse, to appear or testify or produce documents
shall be reported by the Commission to the Corporation or Circuit Court
of the place of the hearing, and the proceedings thereon shall be as pro-
vided in § 8-302 of the Code of Virginia.

§ 54-112.22. Any person aggrieved by any action of the Board shall
have the right of appeal to the Corporation or the Circuit Court of the
city or county in which the person lives, which appeal shall be taken
within thirty days after the action complained of.

§ 54-112.28. A person whose certificate has been revoked may, after
the expiration of one year from the date of such revocation, apply for
a new certificate in the manner provided for in the original application;
and the Commission may in its discretion exempt the applicant from
examination and grant him a new certificate.

§ 54-112.24. Any person who shall engage or attempt to engage as
a “Registered Professional Hairdresser” without complying with the
provisions of this Chapter shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be punished in accordance with law.

§ 54-112.25. This Chapter is enacted in the exercise of the police
powers of the Commonwealth and its purposes generally are to protect
the public health, welfare and safety of the public in general. This
Chapter is to be liberally construed for the accomplishment of these
purposes; and is to be construed as severable, and if any provision or
portion of this Chapter shall be declared unconstitutional, in whole or
in part, then the remainder of this Chapter, including the portion or
portions not declared unconstitutional, shall remain in full force and
effect; and it is hereby declared to be the legislative intent that this
Chapter would have been adopted had such invalid provision or portion
not been included therein.