Title 3 W. Va. C.S.R.

Barbers And Cosmetologists Barbers And Cosmetologists

Series 01 Procedures, Criteria and Curricula for Examination and License of Barbers, Cosmetologists, Nail Technicians, Aestheticians, and Hair Stylists

W. Va. Code R. § 3-1-1 General

1.1. Scope. -- This legislative rule establishes the minimum licensing and curriculum requirements for barbers, cosmetologists, hair stylists, aestheticians, and manicurists.

1.2. Authority. -- W. Va. Code §§ 30-27-5 and 30-27-6.

1.3. Filing Date. -- May 9, 2024

1.4. Effective Date. -- May 9, 2024

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2034.

W. Va. Code R. § 3-1-2 License Requirement

2.1. It is unlawful for any person to practice or offer to practice barbering, cosmetology, hair styling, manicuring, or aesthetics in this state without first obtaining a license for that purpose from the Board.

2.2. A person and student practicing barbering, cosmetology, hair styling, manicuring or aesthetics shall display his or her license or license renewal at the workstation the individual is currently working and shall exhibit the license to the board or its authorized representative.

2.3. In addition to the license that must be displayed every person practicing barbering, cosmetology, hair styling, manicuring or aesthetics in this state shall possess a government issued identification card containing the licensee’s photograph.

W. Va. Code R. § 3-1-3 Qualification for Licensure

3.1. An applicant for licensure shall present satisfactory evidence to the Board that he or she:

3.1.a. Is at least 18 years of age;

3.1.b. Has completed at least the twelfth grade of public school or its equivalent, or has passed an ability to benefit test approved by the U.S. Dept. Of Education;

3.1.c. Has graduated from a school of barbering, hair styling, or cosmetology approved by the WV Council for Community & Technical College Education (CCTCE), Department of Education in conjunction with CCTCE or Department of Education in conjunction with the Division of Corrections and Rehabilitation; or in the case of a manicurist or aesthetician, has successfully completed an approved course in manicuring or aesthetics in a school of cosmetology or graduated from a school of aesthetics or nail technology/manicuring;

3.1.d. Has passed the appropriate examination;

3.1.e. Has transmitted the appropriate application to the Board with the respective fee; and

3.1.f. Has presented a certificate of health from a licensed physician to the Board.

3.1.g. Is a citizen of the United State or is eligible for employment in the United States;

3.1.h. Has fulfilled any other requirement specified by the board.

W. Va. Code R. § 3-1-4 Minimum Curriculum for Barbers

4.1. A barber student shall complete a course of study consisting of 1200 clock hours of barbering as defined pursuant to W. Va. Code § 30-27-3.

W. Va. Code R. § 3-1-5 Minimum Curriculum for Cosmetologists

5.1. A cosmetologist student shall complete a course of study consisting of a minimum of 1800 clock hours consisting of hair, aesthetics, and nail technology as defined pursuant to W. Va. Code § 30-27-3.

W. Va. Code R. § 3-1-6 Minimum Curriculum for Manicurists

6.1. A manicurist/nail technician student shall complete a course of study consisting of a minimum of 400 clock hours of nail technology as defined pursuant to W. Va. Code § 30-27-3.

W. Va. Code R. § 3-1-7 Minimum Curriculum for Barbers to Obtain a Cross-Over Cosmetologist’s License

7.1. A barber student who has completed 1200 hours or a licensed barber, without chemical services, wishing to obtain a cross-over cosmetologist’s license must complete 300 clock hours consisting of nail technology, 500 clock hours consisting of aesthetics, and 100 clock hours of the “chemicals” course of cosmetology as defined pursuant to W. Va. Code § 30-27-3.

W. Va. Code R. § 3-1-8 Minimum Curriculum for Cosmetologists to Obtain a Cross-Over Barber License

8.1. A cosmetology student who has completed 1800 clock-hours of cosmetology or a licensed cosmetologist wishing to obtain a cross-over barber’s license must complete a 300 clock-hour course specializing in just clipper cuts, shaving, and facial hair trimming.

W. Va. Code R. § 3-1-9 Minimum Curriculum for Aestheticians

9.1. An aesthetician student shall complete a course of study consisting of a minimum of 600 clock hours consisting of aesthetics as defined pursuant to W. Va. Code § 30-27-3.

W. Va. Code R. § 3-1-10 Minimum Curriculum for Hair Stylists

10.1. A hair stylist student shall complete a course of study consisting of a minimum of 1000 clock- hours of hair styling as defined pursuant to W. Va. Code § 30-27-3.

W. Va. Code R. § 3-1-11 Reciprocity

11.1. A applicant who has previously attended school, or who has graduated from a school of barbering or cosmetology in another state, may receive credit towards the 1800 clock-hours for cosmetology, 1500 clock-hours for barbering with chemical services, or 1200 clock-hours for barbering without chemical services, 1000 clock-hours for hair styling, 600 clock-hours for aesthetics, and 400 clock-hours for nail technology for graduation in this state if, on entrance into a school in this state, the applicant requests credit for hours obtained in another state and subsequently presents to the in-state school manager, credentials showing subjects studied and the hours of credit received, duly signed and certified by the manager of the school previously attended. The Board may also award credit to those applicants who can demonstrate work experience. The amount of credit awarded shall be 25 hours credit for each month or 300 hours credit for 1 year, not to exceed a total award of 50% of West Virginia’s hour requirements.

11.2. The Board shall recognize reciprocity for military barbers with a DD214.

W. Va. Code R. § 3-1-12 Administrative Due Process

12.1. A person adversely affected by the enforcement of this rule has the right to request a contested case hearing consistent with the provisions of W. Va. Code § 30-27-1 et seq. and § 29A-5-1 et seq.

Minimum Curriculum for a Barber INTRODUCTION INTO BARBERING Course Outlines Study Skills Professional Image as a Student and Future Licensee THE SCIENCE OF BARBERING Microbiology Implements, Tools, and Equipment Anatomy and Physiology Chemistry Electricity Properties and Disorders of the Skin, Hair and Scalp PROFESSIONAL BARBERING Treatment of the Hair and Scalp Shaving and Facial Hair Design Men’s Haircutting and Styling Men’s Hair Replacements Minimum Curriculum for a 1500 Barber INTRODUCTION INTO BARBERING Course Outlines Study Skills Professional Image as a Student and Future Licensee THE SCIENCE OF BARBERING Microbiology Infection Control Specifically to Barbering Implements, Tools, and Equipment Anatomy and Physiology Chemistry Electricity Properties and Disorders of the Skin, Hair and Scalp PROFESSIONAL BARBERING Treatment of the Hair and Scalp Shaving and Facial Hair Design Men’s Haircutting and Styling Men’s Hair Replacements CHEMICALS Chemical Texture Services Hair Coloring Minimum Curriculum for a Cosmetologist THE SCIENCE OF COSMETOLOGY General Anatomy and Physiology Skin Diseases and Disorders and Structure Properties of the Hair and Scalp Basics of Chemistry Basics of Electricity PROFESSIONAL COSMETOLOGY Principles of Hair Design Scalp Care, Shampooing, and Conditioning Haircutting Hairstyling Braiding and Extensions Wigs and Hair Additions CHEMICALS Chemical Texture Services Hair Coloring THE SCIENCE OF AESTHETICS Basics of Nutrition SKIN SCIENCES Physiology and Histology of the Skin Skin Analysis Skin Care Products: Chemistry, Ingredients and Selection GENERAL AESTHETICS The Treatment Room Basic Facial Facial Massage Hair Removal Advance Topics and Treatments Makeup THE SCIENCE OF NAIL TECHNOLOGY Skin Structure and Growth Nail Structure and Growth Nail Diseases and Disorders Nail Product Chemistry Electricity BASIC PROCEDURES Pre and Post Service Procedures Handling and Exposure Incidents Performing Basic Manicures and Pedicures Hand, Arm, Foot, and Leg Massages Disinfecting Tools and Implements Wraps, Tips, Paraffin Wax Treatments Polishing, UV Gel, and Design THE ART OF NAIL TECHNOLOGY Advanced Manicuring and Pedicuring Electric Filing Nail Tips and Wraps Monomer Liquid and Polymer Powder Nail Enhancements UV Gels Creative Design Minimum Curriculum for a Manicurist/Nail Technician THE SCIENCE OF NAIL TECHNOLOGY General Anatomy and Physiology Skin Structure and Growth Nail Structure and Growth Nail Diseases and Disorders Basics of Chemistry Nail Product Chemistry Electricity BASIC PROCEDURES Pre and Post Service Procedures Handling and Exposure Incidents Performing Basic Manicures and Pedicures Hand, Arm, Foot, and Leg Massages Wraps, Tips, Paraffin Wax Treatments Polishing, UV Gel, and Design THE ART OF NAIL TECHNOLOGY Advanced Manicuring and Pedicuring Electric Filing Nail Tips and Wraps Monomer Liquid and Polymer Powder Nail Enhancements UV Gels Creative Design Minimum Curriculum for a Barber to Obtain Cosmetology Cross-Over Chemicals Chemical Texture Services Hair Coloring Minimum Curriculum for a Aesthetician THE SCIENCE OF AESTHETICS General Anatomy and Physiology Basics of Chemistry Basics of Electricity Basics of Nutrition SKIN SCIENCES Physiology and Histology of the Skin Disorders and Diseases of the Skin Skin Analysis Skin Care Products: Chemistry, Ingredients and Selection GENERAL AESTHETICS The Treatment Room Basic Facial Facial Massage Makeup Hair Removal Advance Topics and Treatments Minimum Curriculum for a Hair Stylist THE SCIENCE OF HAIR STYLING General Anatomy and Physiology Skin diseases and Disorders and Structure Properties of the Hair and Scalp Basics of Chemistry Basics of Electricity PROFESSIONAL HAIR STYLING Principles of Hair Design Scalp Care, Shampooing, and Conditioning Haircutting Hairstyling Braiding and Extensions Wigs and Hair Additions CHEMICALS Chemical Texture Services Hair Coloring 3CSR1

Series 02 Qualifications, Training, Examination, and Certification of Instructors in Barbering, Hair Styling, Nail Technology, Aesthetics, Waxing, and Cosmetology

W. Va. Code R. § 3-2-1 General

1.1. Scope. -- This legislative rule establishes the qualifications, training, examination, and certification of instructors in schools of barbering, hair styling, nail technology, aesthetics, waxing, or cosmetology.

1.2. Authority. -- §§ 30-27-6 and 30-27-16 et seq.

1.3. Filing Date. -- April 24, 2026.

1.4. Effective Date. -- April 24, 2026.

1.5. Sunset Provision: This rule shall terminate and have no further force or effect on August 1, 2036.

W. Va. Code R. § 3-2-2 General Qualifications for Certification as an Instructor

2.1. An individual seeking certification must:

2.1.1. Have successfully passed a “teaching techniques” course at a post-secondary education level;

2.1.2. Have a high school diploma, GED, or “ability to benefit” test approved by the United States Department of Education;

2.1.3. Have graduated from a recognized school of barbering, hair styling, aesthetics, nail technology, or cosmetology;

2.1.4. Have submitted an application to the Board with the appropriate fees;

2.1.5. Have passed an examination approved by the Board consisting of an NIC Instructor exam with at least an 80% pass percentage; and

2.1.6. Pay applicable certification, examination and registration fees.

W. Va. Code R. § 3-2-3 Renewal of Certification as an Instructor

3.1. The renewal requirements for instructors represent minimum standards for teacher training. In order to maintain well-trained teachers, the Board recommends that an "In-Service" training program be conducted in both the schools of barbering and cosmetology in the art of teaching.

3.2. The applicant for renewal must submit the appropriate fee as specified in 3 CSR 6.

W. Va. Code R. § 3-2-4 Universal Licensure

4.1. An applicant seeking certification as an instructor who holds a valid instructor certification to teach barbering, cosmetology, nail technology, aesthetics, hair styling, or waxing in another state must:

4.1.1. Hold a valid instructor certification to teach barbering, cosmetology, nail technology, aesthetics, hair styling, or waxing in another state which was granted after completion of educational requirements required in another state;

4.1.2. Not have charges pending against his or her valid instructor certification to teach and has never had a valid instructor certification revoked;

4.1.3. Have a high school diploma, GED, or “ability to benefit” test approved by the United States Department of Education;

4.1.4. Be at least 18 years of age;

4.1.5. Be a citizen of the United States or is eligible for employment in the United States;

4.1.6. Present a certificate of health issued by a licensed physician; and

4.1.7. Have submitted an application to the Board with the appropriate fees.

W. Va. Code R. § 3-2-5 Revocation of Certificate

5.1. The certificate of an instructor in barbering, cosmetology, nail technology, aesthetics, hair styling, or waxing may be revoked or suspended by the Board for any reason specified in W. Va. Code § 30-27-1 et seq.

5.2. Any person who is certified as an instructor and his or her certification has been suspended or revoked may at the discretion of the Board, be entitled to continue to practice barbering, cosmetology, nail technology, aesthetics, hair styling, or waxing.

W. Va. Code R. § 3-2-6 Administrative Due Process

6.1. Those persons adversely affected by the enforcement of this rule have the right to request a hearing in a manner pursuant to the provisions of W. Va. Code § 30-27-1 et seq.

3CSR2

3CSR2

Series 04 Operational Standards for Schools of Barbering, Cosmetology, Hair Styling, Nail Technology and Aesthetics

W. Va. Code R. § 3-4-1 General

1.1. Scope. -- This legislative rule establishes the operational standards for schools of cosmetology, hair styling, nail technology, waxing, aesthetics and barbering which operate in the State of West Virginia as adopted by the Board of Barbers and Cosmetologists (hereinafter Board).

1.2. Authority. -- W. Va. Code § 30-27-6. Related - W. Va. Code § 30-27-1 et seq.

1.3. Filing Date. -- April 24, 2026.

1.4. Effective Date. -- April 24, 2026.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2036.

W. Va. Code R. § 3-4-2 Operation of Schools of Barbering Cosmetology, Hair Styling, Waxing, Nail Technology and Aesthetics

2.1. Record and Posting Requirements

2.1.1. The school shall prepare an accurate record of the number of hours devoted to the prescribed subjects during the previous month and the cumulative total of hours completed since the student's enrollment for each student by permit number. This record is to be posted on the schools bulletin board at all times and be made available to all students.

2.1.2. The school must post a copy of this rule on a bulletin board and make the rule available to all students in each school.

W. Va. Code R. § 3-4-3 Classroom and Equipment Standards for Schools of Cosmetology, Hair Styling, Waxing, Nail Technology, Aesthetics, and Barbering

3.1. Classrooms, Equipment - Each school shall have a minimum of two (2) rooms in use at all times. The school shall utilize a classroom for the teaching of theory, illustrations and lectures. The school shall also utilize a clinical room for clinical or demonstrative work. A school shall have the following equipment for the accommodation of each student enrolled. A school shall install additional equipment in proportion to any increase in enrollment.

3.1.1. One (1) blackboard or whiteboard, not less than 4 x 8 feet in size for all curriculums.

3.1.2. Dresserettes and mirrors, or combination work tables with hydraulic chairs for haircutting. There must be a work station table and chair for each student enrolled in school during practical instruction for cosmetology, hair styling, and barbering.

3.1.3. One (1) shampoo bowl for every four (4) students in cosmetology and hair styling, maximum of five (5).

3.1.4. One (1) hood hair dryer for every ten (10) students in cosmetology and hair styling, maximum of ten (10).

3.1.5. One (1) facial chair for every seven (7) students in cosmetology and one (1) facial chair for every two (2) students in aesthetics or waxing, maximum of three (3).

3.1.6. One (1) facial supply tray for every student in cosmetology, waxing, and aesthetics.

3.1.7. One (1) manicure table for every five (5) students in cosmetology and (1) manicure table for every two (2) students in nail technology, maximum of three (3).

3.1.8. Sufficient clean linen cabinet space for all curriculums.

3.1.9. One compartment-type, individual disinfection container which must be of sufficient size to allow all multi-use implements including but not limited to, combs, brushes, and shears to be completely submerged for each booth and work table for all curriculums. The solution in each individual disinfection container must be diluted properly in accordance with the manufacturers label.

3.1.10. Approved disinfectant products sufficient to accommodate as many students as are engaged in clinical work at any one time. For the purposes of this rule, an approved disinfectant means a quaternary ammonium solution that is bactericidal, virucidal and fungicidal and is registered with the United States Environmental Protection Agency (EPA). EPA registered bactericidal, virucidal, and fungicidal sprays, foams, and wipes may be used.

3.1.11. Sufficient training aids for all curriculums.

3.1.12. One (1) hydraulic chair for every student in cosmetology, barbering, and hair styling during practical instruction.

3.1.13. Head mannequins to be furnished by the school for each student, as part of a kit for cosmetology, aesthetics, barbering, and hair styling.

3.1.14. One (1) classroom chair for every student (all curriculums) during practical instruction.

3.1.15. One (1) waste container for every two (2) students (all curriculums), maximum of ten (10).

3.1.16. One (1) large bulletin board conspicuously located for student permits, rules, regulations, notices, etc. (all curriculums).

3.1.17. One (1) set of books used solely for the records required by Section 7 of this rule (all curriculums).

3.2. General requirements for Schools.

3.2.1. All schools shall provide and maintain adequate and sanitary facilities.

3.2.2. A school shall not permit any student to enter any class for study, or give credit for any work done in school, prior to the time his or her permit has been received from the Board.

3.2.3. Each school shall maintain a library of suitable reference books approved by the Board.

3.2.4. Each school shall hold regular classes for the teaching of both the theory and the practice of the profession being taught.

3.2.5. Schools shall not guarantee positions to students, nor guarantee financial aid to students for help in adequately equipping a salon or shop.

3.2.6. Schools are not limited to any particular system of teaching cosmetology, hair styling, nail technology, barbering, waxing, or aesthetics. Students should be familiar with the various methods and practices in their profession and the different supplies and equipment used in the industry. Each student must start studies at the beginning of the chapter being taught.

3.2.7. Each school must have an admission office, properly equipped with a filing cabinet, etc., and maintain duplicate copies of records sent to the Board.

3.2.8. Each school shall display conspicuously at the entrance to the school a sign in plain block, display lettering at least one (1) inch in height, to read as follows: "All Work Done By Students Only."

3.2.9. The school must display all service prices in the clinic area. The prices must be followed by the words, "Student Work", in lettering at least one half (1/2) the size of the lettering used to display the price.

3.2.10. During school hours instructors, as well as students, shall wear washable uniforms which must be kept clean and neat at all times. Instructors shall wear different uniforms from those worn by the students so they may be easily recognized.

3.2.11. All bottles and containers in use must be distinctly and correctly labeled, showing the use for which the contents are intended.

3.2.12. The school shall furnish the Board with a copy of the current school catalog, student handbook, and a copy of its boilerplate student contracts and provide the Board with a copy upon changes to the boilerplate contracts. At any time when changes are made in the catalog or student handbook, the school shall furnish the Board with a copy of the catalog or handbook prior to implementing the proposed change or revision. At a minimum, student catalogs shall consist of course outlines, a school grading policy, and class schedules. Student handbooks shall consist of at least a student attendance policy, student expectations, and school responsibilities.

3.2.13. Schools shall provide theory and instructor-led demonstrations on subject matters prior to a student performing the subject matter on a customer.

3.2.14. Students shall not be charged for products used to provide a service in the school when performed for training purposes or on a paying customer. This no charge requirement is when the student uses an acceptable amount of the product.

3.2.15. Cosmetology and hair styling students shall be taught how to use clippers and have access to clippers while on the clinic floor.

3.2.16. Schools shall follow the approved catalog, student handbook, and student contract.

3.2.17. Each student shall periodically be tested on components of the curriculum as part of regular course study. Students shall receive official school reports on their progress and standing in classroom theory and practical instruction and clinical work at least on a quarterly basis.

W. Va. Code R. § 3-4-4 Attendance at Schools of Barbering, Cosmetology, Hair Styling, Nail Technology, Waxing, and Aesthetics

4.1. All schools must establish regular school hours. For the purpose of this rule, hour means full clock hours.

4.2. All schools shall require that all students attend classes at least eighty percent (80%) of the time that they are enrolled in school. Schools shall not require attendance to exceed eight (8) hours in any twenty-four (24) hour period, exclusive of the lunch period.

4.3. The Board shall not limit the number of hours a student earns online outside the physical premises of a school; Provided, those hours consist of theory work only. All practical work must be completed within the physical premises of a school and under the general supervision of a certified instructor.

W. Va. Code R. § 3-4-5 Records

5.1. Daily Records – Each school shall keep a daily class record of each student, showing the number hours earned daily, the total number of hours the student is in attendance and the days each student is absent. Daily hours shall be recorded by the school using a time tracking system that cannot be edited by a student. Each student shall clock himself or herself in and out of school.

5.2. Monthly Records - Schools shall keep a monthly record of the student's entire enrollment and send this record to the Board on forms furnished to the schools for that purpose, showing the permit number of each student; the number of months addressed by the report; the number of, and the days that each student is absent or present; the overall attendance percentage of each student over the course of the program.

5.3. Permanent Records - The school's manager shall compile a permanent record, including the information described in subsections 5.1. and 5.2., of each school from the daily class records. The manager shall keep this compilation up-to-date in a permanent file, subject to inspection at any time by any member of the Board or any authorized representative.

5.4. Final - The manager of each school shall compile from the school's records a summary of each student's subjects, clinical operations, grades, hours and attendance. The school shall present this record to the student upon graduation and this record shall also be made a part of the student's application to the Board for licensure by examination. The manager must sign each copy of the required records and must certify that the record is correct and that the student has received a diploma from the school.

5.5. Student Rights to Records- Students shall be provided with an individual monthly report indicating the student’s current monthly hours, current grades in each section of the curriculum outlined in 3CSR1, total attendance percentage, total hours, and any warnings, probation, or disciplinary action that has been taken by the school against the student. Students shall have an official transcript from the school attended to be eligible for licensure. A student may not receive his or her official transcript until they have paid the school in full.

W. Va. Code R. § 3-4-6 Teaching Staff

6.1. No school may operate with less than two (2) certified instructors. There must be one (1) instructor for every thirty (30) students. An instructor shall be in the classrooms of the school at all hours and supervise all practice student work.

6.2. No instructor in a school of barbering, cosmetology, hair styling, nail technology, waxing, or aesthetics may use any portion of the allotted time for school hours, in the performance of any public or private practice of his or her respective profession, for compensation or remuneration of any form. 6.3 A demonstrator may exhibit new processes, preparations, and appliances to the student only in the presence of the certified instructors.

6.4. Schools may give private lessons to registered barbers, hair stylists, nail technicians, aestheticians, waxing specialists, or cosmetologists who desire to gain more knowledge in any subject, or subjects, which they are already entitled to practice.

W. Va. Code R. § 3-4-7 Administrative Due Process

7.1. Those persons adversely affected by the enforcement of this rule have the right to request a contested case hearing in a manner pursuant to the provisions of W. Va. Code § 30-27-1 et seq.

W. Va. Code R. § 3-4-8 Severability

8.1. If any provision of this rule, or the application thereof, to any person or circumstance is determined to be invalid, such invalidity shall not affect the provisions or applications of this rule which can be given effect without the invalid provision or application, and to this end, the provisions of this rule are severable.

Series 05 Operation of Barber, Cosmetology, Nail Technology, Aesthetic, Hair Styling, and Waxing Salons and Schools

W. Va. Code R. § 3-5-1 General

1.1. Scope. -- This legislative rule establishes the sanitation and operation requirements for salons and schools of barbering, cosmetology, nail technology, aesthetics, hair styling, and waxing which operate in the State of West Virginia and are licensed by the Board of Barbers and Cosmetologists.

1.2. Authority. -- W. Va. Code §§30-27-5 and 30-27-6. Related -- W. Va. Code §§30-27-1 and 3027-17 et seq.

1.3. Filing Date. – May 21, 2025

1.4. Effective Date. – May 21, 2025

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2035.

W. Va. Code R. § 3-5-2 Sanitation and Operation Requirements

2.1. All salons and schools must have cross air ventilation before opening and whenever operating as a salon or school. All salons’ and schools’ respective toilets and adjoining rooms used in connection therewith must be kept clean, well lighted, and ventilated at all times.

2.2. Each practitioner, instructor, and student shall thoroughly cleanse his or her hands with soap and water immediately before serving any client. Hands must be washed after using the restroom, smoking, and eating.

2.3. Each client must be served with clean, freshly laundered linen which is kept in a clean, closed container used for that purpose alone. All linens immediately after being used shall be placed in a closed container used for that purpose alone.

2.4. The head rests of all chairs must be wiped down with an approved disinfectant or a change of paper must be provided for each client. Used shaving papers must be deposited in a closed container used for that purpose alone.

2.5. All salons and schools must be equipped with hot and cold running water piped to hot and cold water faucets of a lavatory. For purposes of this rule, a lavatory is that plumbing fixture commonly used for hand washing. Waste water must be drained through proper plumbing facilities into a sewer system, cesspool, sewage tank, or other system that complies with Department of Health legislative rule 64 CSR 9 (“Sewer Systems, Sewage Treatment Systems, and Sewage Tank Cleaners”).

2.6. Salons located in residences must have a private entrance, proper toilet facilities, and must be confined strictly to rooms used exclusively for performing services.

2.7. Each practitioner, instructor, and student shall be held responsible for keeping his or her individual chair, work stand, mirror, drawers, disinfectant containers, and entire booth or stand clean during working or training hours.

2.8. Any member of the Board, or its inspectors may enter or inspect any salon or school during business hours to check any part of the premises in order to ascertain whether or not any part of these rules are being violated, and to take any other action necessary to properly enforce the law.

2.9. A copy of this rule must be framed and posted in a conspicuous place in every salon and school. Licenses or other individual authorizations must be framed and posted at each work station at which the individual is currently working.

2.10. All salons or schools must have an inspection completed by a licensed electrician stating the electrical wiring within the salon or school is adequate to the proposed usage of the facility.

2.11. No salon or school may operate equipment primarily used for a service that is governed by this Board that the salon or school or its authorized practitioners, instructors, and students are not authorized to operate.

2.12. All salon owners must present annual records of all booth renters on July 1 of each year. The record should include: name of renter, renter’s license number, name of salon, salon’s license number, and length of current rental or lease agreement.

2.13. All salons and school ceilings, ceiling tiles, floors, flooring tiles, base boards, and walls shall be in good repair without signs of excessive dirt, suspect mold or mildew, or any damage that is considered a threat to public safety and/or sanitation. Floors and base boards must be kept clean and free from hair, and where possible, mopped each day.

W. Va. Code R. § 3-5-3 Disinfecting Instruments and Equipment

3.1. Only cleaned, disinfected, and properly stored tools and implements must be used on a client. For the purposes of this rule, an approved disinfectant means a quaternary ammonium solution that is bactericidal, virucidal and fungicidal and is registered with the United States Environmental Protection Agency (EPA). EPA-registered bactericidal, virucidal, and fungicidal sprays, foams, and wipes may be used.

3.2. Before disinfecting any surface or item, any visible debris and disposable parts must be removed and the surface or item must be washed with soap and water or a cleaning agent, rinsed thoroughly, and dried before being disinfected. Surfaces may be wiped with a cleaning agent before being disinfected. All surfaces of a tool or implement, including handles, must be disinfected by fully submerging the item in disinfectant in a covered container for the full contact time listed in the manufacturer's directions. Following disinfection, items must be rinsed to prevent exposure of clients, practitioners, students, and instructors to unsafe pesticides and chemicals. Items must be dried before being stored in a closed container.

3.3. A supply of disinfected tools, disinfected implements, single-use supplies, and disinfectant must be present and available for use by practitioners, instructors, and students. The supply must be sufficient, based on the service volume of the practitioner, salon, or school, to ensure each client is serviced with properly cleaned and disinfected tools and implements each day.

3.4. Scissors and razors are not required to be washed, but must be wiped to remove hair, product residue, and skin debris, and then disinfected with an EPA-registered, disinfectant spray, wipe, or foam after each use. The surfaces must remain wet with the disinfectant for the contact time listed on the disinfectant label and the manufacturer’s directions must be followed.

3.5. Electric clippers, nail drills, glass or metal electrodes, high frequency wands, aesthetic machines, steamers, diffusers, and other electric or electronic tools must be cleaned and disinfected after each use, including the body, handle, and attached cord. The surface of the tool's body, handles, and attached cord must be brushed or wiped clean of all product residue, hair, skin debris, nail dust, and other visible debris, and then disinfected with an EPA-registered disinfectant spray, wipe, or foam after each use. The surfaces must remain wet with the disinfectant for the contact time listed on the disinfectant label and the manufacturer's directions must be followed.

3.6. Plastic guards and any nonmetal removable parts must be removed, cleaned, and disinfected prior to use. Metal guards, clipper blades, drill bits, and other removable parts must be removed. All product residue, hair, skin debris, nail dust, and other visible debris must be brushed or wiped off, and the removable part must be disinfected with an EPA-registered, disinfectant spray, wipe, or foam after each use. The surfaces must remain wet with the disinfectant for the contact time listed on the disinfectant label and the manufacturer's directions must be followed.

3.7. Clipper blades that are not detachable must have the hair removed using a disinfected brush or a blade wash, and the clipper blade must be disinfected with an EPA-registered disinfectant spray, wipe, or foam. The surfaces must remain wet with the disinfectant for the contact time listed on the disinfectant label and the manufacturer's directions must be followed.

W. Va. Code R. § 3-5-4 Prohibited

4.1. Prohibited substances in salons and schools are methyl methacrylate (MMA) liquid monomers, formalin tablets, formalin liquids, and other fumigants and must not be present in a salon or school. 4.2 The use of chunk alum, powder puffs, and styptic pencils in any salon or school is prohibited.

4.3. Prohibited skin cutting equipment includes razor-type callus shavers, credo blades, rasps, or graters and other implements that are used to remove corns or calluses by cutting below the skin surface and must not be present in a salon or school. No practitioner, student, or instructor is permitted to remove warts, moles, or skin blemishes. No practitioner, student, or instructor may attempt to treat any disease of the skin or scalp. Persons desiring, or in need of treatment of any disease, must be advised to contact a licensed physician.

4.4. UV sterilizers or light boxes are not an acceptable infection control device and must not be present in a salon or school. This does not apply to UV dryers or ultraviolet lamps used to dry or cure nail products.

4.5. Autoclaves and autoclave packaging of tools are prohibited unless regular spore tests are performed by a contracted laboratory at least once every 30 days. If a positive spore test is received, the autoclave must not be used until a negative spore result is received. The salon or school must maintain a log of each use, all testing samples and results, and a maintenance log of all maintenance performed according to the manufacturer's directions. The salon or school must retain the most recent 12 months of the log at the salon or school for review by the Board or its agents.

4.6. Electric or battery-operated files or drills not specifically manufactured for use on humans are prohibited.

4.7. Practitioners, instructors, and students must not use tools or implements provided by clients unless the practitioner, instructor, or student first cleans and disinfects the tool or implement. Client-supplied prohibited tools must not be used and must be immediately removed from the salon premises. Client-supplied single-use items must be new. Salons and schools must not store a client’s tools or implements.

4.8. No animals shall be kept in or allowed to inhabit salons or schools or the entrance to such salons or schools other than fish in an aquarium: Provided, That certified service animals are permitted in salons and schools.

W. Va. Code R. § 3-5-5 Pedicure Services

5.1. Pedicure tubs, including basins and piped and pipeless tubs, must be cleaned and disinfected prior to use. After each use, used water must be drained and any visible debris removed from the pedicure tub. The pedicure tub must be scrubbed with detergent and water, and rinsed with water and drained. The pedicure tub must be filled with clean water and an EPA-registered disinfectant must be added following the manufacturer's directions. If the pedicure tub is electrical, the fan or pump must be turned on and the unit operated for the entire contact time and after the contact time is complete, the disinfectant must be drained and the tub rinsed with clean water. All removable filter screens, inlet jets, footplates, impeller assemblies, and other parts must be removed and debris eliminated and scrubbed with a disinfected brush and detergent and water.

5.2. Pedicure tub liners are single-use items and must be discarded immediately after each use. When disposable tub liners are used, §3-5-5.1. does not apply. When tub liners are used, the pedicure tubs must remain in a clean and disinfected condition.

5.3. Pedicure tubs of all kinds must always be maintained in a clean and disinfected condition, even if the tub is broken or not in service. If the circulating mechanism is not working, the screens must be cleaned and the tub surface disinfected.

W. Va. Code R. § 3-5-6 Single-Use Items

6.1. Items that are single-use and must be discarded in a closed container after each use include but are not limited to: Foam toe separators, foam buffer blocks, pedicure tub liners, pumice bars or stones; chamois, paper, or foam flip-flops or slippers; nail files; sanding bands or sleeves; paper sandpaper drill bits; wooden applicators/orangewood sticks; cotton balls, cotton pads, or swabs; gauze pads; neck strips; wax strips; and other items made with paper, wood, foam, or other porous materials.

6.2. New, single-use items must be stored in clean, covered containers with solid sides and lids containing only new or disinfected items. New items in the original sealed packaging may be stored out in the open.

6.3. All nail files are single-use items unless made of metal, glass, or crystal. Ceramic nail files are single-use items unless completely sealed by a glaze. For the purpose of scoring the edges of sharp single-use files, one file may be repeatedly used to file down the edge of a supply of new files, provided that the practitioner wears gloves while preparing the new files and that the file used by the practitioner is kept in a disinfected container labeled "score file." Each salon may have only one score file.

W. Va. Code R. § 3-5-7 Waxing

7.1. Wax pots and paraffin warmers must be kept covered and the exterior cleaned daily. If debris is found in the wax pot or paraffin warmer, or if the wax or paraffin has been contaminated by contact with skin, unclean applicators, or double-dipping, the wax pot or paraffin warmer must be emptied, the wax must be discarded, and the pot or warmer must be disinfected.

7.2. Disposable spatulas and wooden sticks must be dipped into the wax only once and then discarded without using the other end.

7.3. Applicators must be dipped only once into the wax unless the wax is a single-service item and unused wax is discarded after each service.

7.4. Any surface touched by a used wax stick must be cleaned and disinfected immediately after the service.

7.5. Paraffin wax must be portioned out for each client in a bag or other container, or dispensed in a manner that prevents contamination of the unused supply.

W. Va. Code R. § 3-5-8 Duty to Carry Out Rules, Reporting, and Complaints

8.1. It shall be the duty of the proprietors of all salons and schools, and all practitioners, instructors, students, and others to assist in carrying out the provisions of this rule by reporting any violation thereof to the Board or any of its duly authorized agents.

8.2. Complaints may be presented to an inspector at the time of inspection, filed online, or mailed to the Board. Complaints will be investigated as promptly as possible.

W. Va. Code R. § 3-5-9 Administrative Due Process

9.1. Those persons adversely affected by the enforcement of this rule shall have the right to request a hearing in a manner pursuant to the provisions of W. Va. Code §30-27-1 et seq.

Series 06 Schedule of Fees

W. Va. Code R. § 3-6-1 General

1.1. Scope. -- This legislative rule establishes the various fees that are to be submitted to the Board of Barbers and Cosmetologists by students, instructors, and owners and operators of schools of barbering and cosmetology and owners of barber, cosmetology, nail technology, hair styling, waxing, and aesthetic salons.

1.2. Authority. -- W. Va. Code §30-27-6.

1.3. Filing Date. May 22, 2025

1.4. Effective Date. May 22, 2025.

1.5. Sunset Provision: This rule shall terminate and have no further force or effect on August 1, 2035.

W. Va. Code R. § 3-6-2 Schedule of Fees. 2.1 Examination and re-examination fee (to be paid to the National Interstate Council [NIC] sponsored third-party examiner) (Cost of exams are based on NIC rates not to exceed $114.00)

Current Rates [National Written and National Practical or National Practical - $107.00] [National Written - $80.00] 2.2 Issuance or License fee 2.3 Reciprocity $100.00 2.4 Annual license renewal fee 2.5 Late renewal fee for license renewal:

Plus a $10.00 late fee for each 30 days late not to exceed $205.00 2.6 Student permit $25.00 2.7 Initial instructor certification fee $50.00 2.8 Annual renewal of instructor certification fee $50.00 2.9 Late Renewal Fee for instructor certification:

Plus a $10.00 late fee for each 30 days late not to exceed $205.00 $50.00 2.10 Registration fee for booth or chair rental $15.00 2.11 Annual renewal for booth or chair rental $15.00 2.12 Late renewal for booth or chair rental:

Plus $10.00 late fee for each 30 days late not to exceed $100.00 $15.00 2.13 Salon or school opening inspection fee $50.00 2.14 Duplicate license fee $10.00 2.15 Initial license fee for cosmetology, barber, nail technology, hair styling, waxing, and aesthetic salon $40.00 2.16 Annual renewal fee for cosmetology, barber, nail technology, hair styling, waxing, and aesthetic salon $40.00 2.17 Late Renewal Fee for salon license:

Plus a $10.00 late fee for each 30 days late $40.00 2.18 Fee for certification of licensure 2.19 Place individual license on inactive status $10.00 2.20 Work permit fee $15.00 2.21 Initial certification fee for waxing specialist 2.22 Annual renewal certification fee for waxing specialist 2.23 Late renewal fee for waxing specialist certification Plus a $10 late fee for each 30 days late not to exceed $205.00 3CSR6 3CSR6

Series 07 Schedule of Fines

W. Va. Code R. § 3-7-1 General

1.1. Scope. -- This legislative rule establishes a system of fines as adopted by the Board of Barbers and Cosmetologists.

1.2. Authority. -- W. Va. Code §30-1-8.

1.3. Filing Date. -- May 22, 2025

1.4. Effective Date. -- May 22, 2025

1.5. Sunset Provision. – This rule shall terminate and have no further force or effect on August 1, 2035.

W. Va. Code R. § 3-7-2 Schedule of Fines

Any person holding a salon license or an individual authorization under the provisions of W. Va. Code §30-27-1 et seq. is subject to the fines specified in this section for the following conduct, practices, or acts:

2.1. Failing to post a license, certification, permit or other authorization in a publicly visible place within a salon or school. 3rd offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.2. Working with an expired individual license, certification, permit or other individual authorization. 1st offense: $100.00 2nd offense: $500.00 3rd offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.3. Operating a salon without first filing a salon application, paying the fee, and receiving a salon license. 1st offense: $200.00 2nd offense: $500.00 3rd offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.4. Performing services (when only temporary) in connection with an event such as, but not limited to, any fair, carnival bazaar, product or business promotion, weekend market or glamour photos without first obtaining a temporary license. 2nd offense: $200.00 3rd offense: $500.00 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.5. Performing services which the person is not authorized to perform. 1st offense: $400.00 2nd offense: $1,000.00 3rd offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.6. Practicing barbering, cosmetology, nail technology, aesthetics, hair styling, or waxing without an individual authorization or with an individual authorization issued to another person. 1st offense: $500.00 2nd offense: $1,000.00 3rd offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.7. Allowing a person without an individual authorization to practice in a salon or school. 1st offense: $500.00 2nd offense: $1,000.00 3rd offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.8. Altering a license, certification, permit or other authorization issued by the Board. 1st offense: $500.00 2nd offense: $1,000.00 3rd offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.9. Failing to meet the specifications relating to exits and fire standards in a salon located in the basement or above the first floor of a home. 3rd offense: $500.00 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.10. Failing to identify a salon located in a home by means of a house number or a sign easily visible from the street. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.11. Failing to have a separate entry for a salon located in a home or to properly separate the salon from the living area of the home. 2nd offense: $50.00 for each violation 3rd offense: $100.00 for each violation 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.12. Failing to submit to an inspection by the Board or refusing to allow the Board to inspect the premises when a salon or school is open. 1st offense: $300.00 2nd offense: $500.00 3rd offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.13. Failing to apply for a Booth/Chair Rental Registration Certificate within 30 days of a change of work location. 1st offense: $20.00 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.14. Failing to notify the Board of a change of home address within 30 days of the change. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.15. Failing to apply for a salon license prior to taking over the operation of an existing salon. 3rd offense: $200.00 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.16. Failing to have adequate lighting in a salon or school. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.17. Failing to have a supply of both hot and cold running water on the premises of a salon or school. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.18. Failing to have toilet facilities available which are reasonably accessible. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.19. Failing to keep a toilet facility located on the premises of a salon or school clean. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.20. Having frayed electrical wiring or overloading the electrical circuits in a salon or school. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.21. Failing to use clean towels or linens for each client or store clean towels and linens in a closed container. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.22. Failing to deposit chemical waste materials in a closed container or deposit used towels, linens, or other fabrics with chemical residue in a closed container after use. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.23. Failing to immediately deposit all non-chemical waste and refuse in covered containers or failing to keep the covered containers clean. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.24. Failing to have sealable plastic bags and sealable rigid containers available for use of blood or other bodily fluids, and sharp-edged materials. 2nd offense: $300.00 3rd offense: $500.00 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.25. Failing to discard a single-use item after use on a client. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.26. Failing to possess an approved EPA-registered disinfectant that is bactericidal, virucidal, and fungicidal. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.27. Failing to clean and disinfect tools and/or surfaces which come in contact with clients. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.28. Failing to store disinfected or cleaned tools and implements separately from used tools and implements that have not yet been cleaned and disinfected. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.29. Failing to keep storage cabinets, receptacles, drawers, work stations, and the inside of microwave ovens or other such equipment clean. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.30. Failing to use a disposable cover on the head of a client who is trying on a hairpiece or to clean and label used hair goods as “used” prior to resale. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.31. Having animals in a salon or school other than certified service animals or fish in an aquarium. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.32. Failing to clean and disinfect a piped or pipeless tub/sink or pedicure basin after each use. 3rd offense: $200.00 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.33. Failing to keep equipment in a salon or school, including upholstery fabrics, clean and in good repair. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.34. Failing to have washable, non-absorbent floor surfaces in the area(s) in which services are performed. 3rd offense: $200.00 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.35. Failing to keep walls, floors, base boards, and ceilings clean and free of excessive spots, mildew, scuff marks, gathered dirt, mold, condensation, hair clippings, or peeling paint. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.36. Treating any disease, knowingly serving a client suffering from a communicable disease or condition, or performing services while suffering from a communicable disease or condition. 1st offense: $250.00 2nd offense: $500.00 3rd offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.37. Failing to thoroughly cleanse one’s hands with soap and water before serving a client. 2nd offense: $25.00 3rd offense: $50.00 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.38. Mixing chemicals near a client or mixing or storing chemicals near an open flame or other potential source of ignition. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.39. Failing to maintain a salon or school free of insects and/or rodents. 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.40. Working with an expired Booth/Chair Rental Registration Certificate. 1st offense: $10.00 3rd offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.41. Allowing a person without a Booth/Chair Rental Registration Certificate or with an expired Booth/Chair Rental Registration Certificate to practice in a salon. 1st offense: $50.00 3rd offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

2.42. Possessing a prohibited item or substance in a salon or school. 1st offense: $100.00 2nd offense: $300.00 3rd offense: $500.00 4th offense: The Board shall summon the person to appear before the Board for the assessment of a fine and any other penalties allowed by law including the proposed revocation, suspension, or refusal to issue a license or other authorization.

3CSR7

3CSR7

Series 08 Shampoo Assistants

W. Va. Code R. § 3-8-1 General

1.1. Scope. -- This legislative rule establishes the minimum requirements for shampoo assistants.

1.2. Authority. -- W. Va. Code §30-27-11a.

1.3. Filing Date. -- April 12, 2012.

1.4. Effective Date. -- May 1, 2012.

W. Va. Code R. § 3-8-2 Definition of Shampoo Assistant

2.1. “Shampoo Assistant” means any person who engages in the practice of shampooing and rinsing hair, removing rollers or permanent rods, cleanses or performs other sink-related functions that do not require the skill of a licensee.

W. Va. Code R. § 3-8-3 Qualifications for Shampoo Assistants

3.1. Is at least sixteen years of age;

3.2. Is of good moral character;

3.3. Is in high school or has a high school diploma, a GED, or has passed the “ability to benefit test” approved by the United State Department of Education;

3.4. Has paid the applicable fee;

3.5. Has a certificate of health from a licensed physician;

3.6. Is a citizen of the United States or is eligible for employment in the United States;

3.7. Has passed a 3 clock hour board approved in-person or online sanitation course consisting of the purpose and importance of sanitation and the sanitation process;

3.8. Has submitted an application verifying the requirements within this section; and

3.9. Has fulfilled any other requirement specified by the board.

W. Va. Code R. § 3-8-4 Permit Requirements for Shampoo Assistants

4.1. Shampoo assistants can only perform services within the defined term of shampoo assistant in this rule.

4.2. It is unlawful for any person to shampoo or offer to shampoo without first obtaining a license or a permit from the Board.

4.3. Every shampoo assistant shall display his or her permit or permit renewal at the station the individual is currently working and shall exhibit the license to the board or its authorized representative.

4.4. In addition to the permit, each individual must possess a United States or state government issued photograph identification card and shall exhibit to the board or its authorized representative.

4.5. Shampoo permits are valid for one (1) year and must be renewed annually on or before July 1st of each year.

4.6. Shop owners and/or managers are responsible for ensuring that shampoo permit holders follow all provisions under the jurisdiction of the board.

W. Va. Code R. § 3-8-5 Revocation of Permit

5.1. The permit of a shampoo assistant may be revoked or suspended by the Board for any reason specified in W. Va. Code §30-27-1 et seq.

W. Va. Code R. § 3-8-6 Administrative Due Process

6.1. Those persons adversely affected by the enforcement of this rule have the right to request a hearing in a manner pursuant to the provisions of W. Va. Code §30-27-1 et seq.

3CSR8

3CSR8

Series 09 Complaint Procedures

W. Va. Code R. § 3-9-1 General

1.1. Scope. -- This procedural rule establishes procedures to process complaints submitted to the Board.

1.2. Authority. -- W. Va. Code ''30-27-8 and 30-27-1.

1.3. Filing Date. -- November 29, 2000.

1.4. Effective Date. -- January 1, 2001.

W. Va. Code R. § 3-9-2 Complaint Procedures

2.1. Any individual may make a complaint to the Board concerning a licensee.

2.2. The Board may accept an anonymous complaint if the information provided is adequate to begin an investigation.

2.3. The Board shall accept a complaint in writing, by telephone or in person. The Board may provide a form for the purpose of submitting a written complaint, but shall accept a complaint if the information includes:

2.3.1. The alleged violation which prompted the complaint.

2.3.2. The name and address of the individual against whom the complaint is lodged.

2.3.3. The date the incident occured; and

2.3.4. The name or names of witnesses to the incident.

2.4. All complaints shall be referred to the executive Secretary or counsel for the Board, who shall act as a representative for the Board.

2.5. The Board shall maintain a complaint log which records the receipt of each complaint, and the nature and disposition of the complaint.

2.6. The representative shall conduct an investigation to determine the validity of the allegation contained in the complaint.

2.7. The Board may issue subpoenas to gather information to determine the validity of the allegations contained in the complaint.

2.8. The Board shall provide copies of complaint forms and other available evidence to the licensee against whom a complaint is filed. The licensee shall respond, in writing, to the allegations contained in the complaint within fourteen (14) days from receipt of the complaint.

2.9. The representative for the Board shall evaluate the complaint, licensee response, and other investigative information to determine if a violation of the law has occurred and to determine the need for additional investigation.

2.10. The representative for the Board may recommend that a complaint be dismissed if probable cause for further action is not identified. Complaints recommended for dismissal due to lack of probable cause shall be referred to the Board for review of the complaint and investigative information. The Board may approve dismissal of the complaint or direct the Board representative to proceed with further investigation of the complaint.

2.11. The representative for the Board may negotiate terms of a consent agreement if probable cause for disciplinary action is established.

2.12. The Board shall review the terms of the consent agreement and all investigative information. The Board may approve the consent agreement, request revisions to the consent agreement or reject the consent agreement.

2.13. If the Board rejects the consent agreement, the Board representative shall schedule a hearing on the complaint.

2.14. If the licensee contests the allegations and an agreement can not be reached, the Board=s representative shall schedule a hearing on the complaint. All hearings shall be in accordance with the W. Va. Code '29A-5-1 et seq. of the Administrative Procedures Act.

2.15. A hearing shall be held before a hearing examiner or before members of the Board.

2.16. The Board shall make a determination on the matter based on the facts, evidence submitted, testimony and recommendations of the hearing examiner.

2.17. The Board shall issue a final order which shall include findings of fact, conclusions of law and the decision of the Board on the complaint.

2.18. The licensee, his or her attorney of record, if any, and the individual who filed the complaint shall be provided a copy of the decision and accompanying findings of fact and conclusions of law, whether it is the result of a formal hearing or the execution of a consent agreement.

2.19. The decision of the Board is final unless vacated or modified upon judicial review.

3CSR9

Series 11 Continuing Education

W. Va. Code R. § 3-11-1 General

1.1. Scope. – The legislative rule establishes requirements for continuing education to practice hair styling, barbering, cosmetology, manicuring/nail technology, and aesthetics. All persons licensed by the Board to practice beauty culture must earn a minimum of four (4) hours of continuing education credits annually. Licensees who have been licensed for twenty (20) years or more are exempt from the continuing education requirements but must take a three (3) hour sanitation class every other year.

1.2. Authority. -- W. Va. Code §§ 30-27-6, 7, 8 and 9.

1.3. Filing Date. – May 12, 2017.

1.4. Effective Date. -- May 12, 2017.

1.5. Sunset Provision: This rule shall terminate and have no further force or effect on May 12, 2027.

W. Va. Code R. § 3-11-2 Definitions

2.1. “Approved academic course” means a formal course of study offered by an accredited post-secondary educational institution as it relates to the barbering, cosmetology, hair styling, manicuring/nail technology, and aesthetics.

2.2. “Approved provider” means a local, state or national agency, organization or association recognized by the Board.

2.3. “Audit” means the selection of licensees for verification of satisfactory completion of continuing education during a specified time period, or the selection of approved providers for verification of adherence to continuing education approved provider requirements during a specified time period.

2.4. “Beauty Culture” means the act or practice of aesthetics, barbering crossover, barber permanent waving, cosmetology, cosmetology crossover, hair styling and nail care.

2.5. “Contact person” means a person submitting a Request for Approval Form.

2.6. “Continuing education” means planned, organized learning activities engaged in following initial licensure and designed to maintain, improve, or expand beauty knowledge and skills or to develop new knowledge and skills related to beauty culture practice, education, or theory development.

2.7. “Continuing education activity” means a learning activity that is planned, organized and administered to enhance the professional knowledge and skills underlying the professional performance that the licensee uses to provide services the public. To qualify as continuing education, the activity must provide sufficient depth and scope of a subject area.

2.8. “Continuing education credit” means credit earned for completing a continuing education activity, expressed in units as provided in section 3.1 of this rule.

2.9. “Continuing Education Provider License” means a licensed provider of continuing education.

2.10. “Documentation” means proof of participation in a continuing education activity.

2.11. “Formal offering” means an extension course, independent study, or other course which is offered, for college credit, by a recognized educational institution.

2.12. “Informal offering” means a workshop, seminar, institute, conference, lecture, or short term course, which is offered for credit in continuing education units.

2.13. “Objectives” means an expression in measurable and observable terms of what the participant will learn as a result of the educational activity.

2.14. “Sponsor” means an organization, including professional societies, academic institutions, individuals, corporations, or governmental agencies, which plans, organizes, supports, endorses, subsidizes and/or administers educational activities, and is responsible for the content, quality and integrity of the educational activity.

W. Va. Code R. § 3-11-3 Continuing Education

3.1. Each applicant for renewal or reinstatement of a license shall verify that he or she has satisfactorily completed four (4) credits of continuing education during the prescribed year reporting period.

3.1.a. Units of measurement for continuing education credits are calculated as follows: 30 to 49 minutes = 0.5 CE credits 50 to 74 minutes = 1 CE credits 75 to 99 minutes = 1.5 CE credits 100 minutes = 2 CE credits Activities lasting less than 30 minutes are not eligible for credit.

3.1.b. Writing an article which is published in a magazine directly related to the profession will qualify for 4 credits of continuing education within the continuing education reporting period. A copy of the article must be maintained by the licensee for a period of 3 years following the continuing education activity.

3.2. Credits may not be granted for identical continuing education activities submitted during any single year reporting period. Credits may not be accumulated for use in a future single year reporting period.

3.3. Documentation of continuing education credits must be submitted with applications for license renewal.

W. Va. Code R. § 3-11-4 Exceptions to Continuing Education Requirements

4.1. Reciprocity applicants and newly licensed applicants are exempt from the continuing education requirements until the first renewal period after initial West Virginia licensure.

4.2. A licensee who resides outside of West Virginia and who holds a current license to practice in a state other than West Virginia shall satisfy the continuing education requirements for West Virginia in order to renew his or her license in this state.

4.3. The Board may grant a waiver to a licensee who has a physical or mental disability or illness or who is providing direct care to a member of his or her immediate family during all or a portion of the reporting period. A waiver provides for an extension of time or exception from some or all of the continuing education requirements. Any licensee may request an application for a waiver from the Board. The Board may approve or deny an application for waiver after review of the application. The Board may not grant a waiver of continuing education requirements for more than a one (1) year reporting period.

4.4. Licensees who have been licensed for twenty (20) years or more are exempt from the continuing education requirements but must take a three (3) hour sanitation class every other year.

W. Va. Code R. § 3-11-5 Failure to Meet Requirements or Exceptions to Requirements

5.1. The Board may place the licensee on inactive status without penalty and may waive the continuing education requirements, providing that the licensee notifies the Board in writing of his or her desire to have the Board place his or her license on inactive status before the last day of the reporting period.

5.2. The Board may suspend the license of any person who fails to notify the Board, in writing, prior to the last day of the reporting period that he or she wishes to place his or her license on the inactive status.

W. Va. Code R. § 3-11-6 Reinstatement of a License on Inactive Status or Issuance of a Probational Temporary License

6.1. A person wishing to reinstate a license from inactive status or from suspended status shall:

6.1.a. Make application for reinstatement of the license from inactive status or suspended status.

6.1.b. Meet the continuing education requirements as set forth in this rule; and

6.1.c. Pay the fee for reinstatement of the suspended license as specified in the Board’s rule, Schedule of fees for services rendered.

W. Va. Code R. § 3-11-7 Audit of Licensee

7.1. The Board may select any licensee who holds a current license to audit for compliance with continuing education requirements no fewer than 60 days prior to the expiration of the license.

7.2. To comply with the audit request from the Board, a licensee shall submit legible copies of certificates of attendance at continuing education activities.

7.3. The licensee shall submit the required documents within thirty (30) days of the date he or she receives notification of the audit. The Board may grant an extension of time for submission of the documents, on an individual basis in cases of hardship, if the licensee makes a written request for an extension of time and provides justification for such the request.

7.4. Licensees shall keep certificates of attendance at continuing education activities, letters verifying special approval for informal offerings from non-approved providers, transcripts of courses, and documentation of compliance with exceptions for a three (3) year period following the continuing education activities.

7.5. The Board shall complete the audit within 30 days of receipt of required documentation and shall notify the licensee of the satisfactory completion of the audit.

7.6. If a person fails to submit the audit information requested by the Board, the Board may not renew the license Board before the information is received and the audit is completed.

7.7. Licensees shall notify the Board of any changes of mailing address, and are not absolved from the audit requirements.

W. Va. Code R. § 3-11-8 Minimum Standards for Approved Provider

8.1. All providers of continuing education shall complete an application, pay the required fees, and obtain a Continuing Education Provider License, before offering to provide continuing education.

8.2. The Board shall maintain a current list of approved providers which is available to the public upon request.

8.3. The Board shall notify providers who fail to meet the minimum acceptable provider standards, in writing, of specific deficiencies and offer a reasonable period of time to correct deficiencies.

8.4. The Board may remove an approved provider who fails to meet the approved provider standards from the list of approved providers.

8.5. The providers shall provide a certificate to the licensee indicating the following information:

8.5.a. Name of licensee who attended the continuing education class;

8.5.b. The date attended;

8.5.c. The value of continuing education credits; and

8.5.d. Contact information for the continuing education provider.

8.6. The providers shall provide a list to the State Board in a Microsoft Excel format in paper and disc form within 30 days of the continuing education class. The list shall include:

8.6.a. Names of licensees;

8.6.b. License numbers of licensee;

8.6.c. Location of class;

8.6.d. The date held; and

8.6.e. Title of continuing education class or activity.

8.7. The application for a continuing education provider license shall provide detailed descriptions of the subject areas, sponsors, speakers, instructors, training courses, events, demonstrations or shows for which the applicant seeks approval.

W. Va. Code R. § 3-11-9 Continuing Education Subjects/Events

9.1. Continued education offerings shall consist of one or more of the following subject areas or events:

9.1.a. Product information or training;

9.1.b. Events, speakers, or shows by third party administrators held at beauty schools/conventions;

9.1.c. Tax, business, or computer training or courses;

9.1.d. Styling or application demonstrations;

9.1.e. Sanitation courses;

9.1.f. HIV/AIDS awareness and other communicable disease awareness courses;

9.1.g. Training or courses on West Virginia state laws governing the practices licensed by the board; and

9.1.h. Continuing education activities sponsored by the National Cosmetology Association (NCA), National Interstate Council of State Boards of Cosmetology (NIC), National Cosmetology Seminar, Aesthetic International Association, National Association of Barbering and Hairstyling, National Association of Barber Boards of American approved courses, seminars, and demonstrations or any other national association approved by the Board.

W. Va. Code R. § 3-11-10 Approved Continuing Education Courses 10.1 The Board has approved for continuing education credit any education course providing instruction in any curriculum, subject matter or discipline included in the education required for licensure that is submitted to the board or offered by:

10.1.a. A licensed school or instructor, outside of school instruction;

10.1.b. A manufacturer or distributor of barbering;

10.1.c. A barber or cosmetology trade organization; or

10.1.d. Any course offered at an accredited private or public university, college or community college in this state that relates to the profession or a general business class.

W. Va. Code R. § 3-11-11 Activities Not Acceptable for Continuing Education Credit

11.1. The following activities are not acceptable for continuing education credit:

11.1.a. Job related practice;

11.1.b. Development and presentation of programs as part of the licensee’s on-going job responsibilities;

11.1.c. Orientation to and update of policies and procedures specific to the licensee's employing facility;

11.1.d. Activities which are part of a licensee's usual job responsibility; and/or

11.1.e. In-house training from a regular employee, manager or owner of the facility.

3CSR11

3CSR11

Series 13 Barber Apprenticeship

W. Va. Code R. § 3-13-1 General

1.1. Scope. -- This legislative rule establishes a barber apprenticeship.

1.2. Authority. -- W. Va. Code §30-27-8(a).

1.3. Filing Date. – April 27, 2026.

1.4. Effective Date. – April 27, 2026.

1.5. Sunset Provision: This rule shall terminate and have no further force or effect on August 1, 2036.

W. Va. Code R. § 3-13-2 Definitions

2.1. “Barber Apprentice” means a permitted person seeking to learn barbering under a permitted master barber.

2.2. “Apprenticeship Provider” means a permitted licensed barber that instructs and is responsible for a barber apprentice during the time of the apprenticeship.

2.3. “Barber Apprenticeship” means the program in which a apprenticeship provider instructs a barber apprentice in the profession of barbering which includes theory and practical instruction.

2.4. “Paying Customer” means an individual paying for services.

2.5. “Cosmetologist” means a person licensed under the provisions of W. Va. Code §30-27 who engages in the practice of cosmetology.

W. Va. Code R. § 3-13-3 Qualifications for a Barber Apprentice

3.1. To be eligible to practice as a barber apprentice an applicant:

3.1.1. Is at least sixteen years of age;

3.1.2. Has a high school diploma, a GED, or has passed the “ability to benefit test” approved by the US Department of Education;

3.1.3. Has paid the application fee;

3.1.4. Has a certificate of health from a licensed physician;

3.1.5. Is a citizen of the United States or is eligible for employment in the United States; and

3.1.6. Has submitted completed application to the Board.

W. Va. Code R. § 3-13-4 Qualification for a Apprenticeship Provider Offering Barber Apprenticeship

4.1. To be eligible to be a apprenticeship provider, a licensee:

4.1.1. Has had an active Barber license in West Virginia for at least five years;

4.1.2. Has worked in a licensed barber shop in West Virginia or in another state for the last five years with at least two barber chairs in the barber shop;

4.1.3. Has consistent history of satisfactory inspections conducted by Board’s agent at shop.

4.1.4. Has an individual license currently in good standing with the Board; and works in a barber shop currently in good standing with the Board;

4.1.5. Has paid the application fee; and

4.1.6. Has submitted completed application to the Board.

W. Va. Code R. § 3-13-5 Apprentice Requirements

5.1. To obtain a barber’s license a barber apprentice:

5.1.1. Shall complete 2,400 hours of apprenticeship training offered solely by a apprenticeship provider or in conjunction with a school or in conjunction with a Board pre-approved online theory educational program for teaching theory courses.

5.1.2. Shall complete the curriculum listed in Table 1.

5.1.3. Shall obtain a work permit from the Board immediately after completing apprenticeship hours and while waiting to take the examination. A work permit can only be issued if the applicant is registered for the upcoming examination and can only be renewed once.

5.1.4. Shall complete theory work focusing on General Professional Information, Science of Barbering, and Professional Barbering categories, as indicated in Table 1, before commencing practical work on a mannequin.

5.1.5. Shall use Milady Barbering Textbook or Pivot Point Barbering Textbook, less than 5 years from published date, for apprenticeship theory work.

5.1.6. Shall successfully pass each chapter review examination with at least a 70% and shall retain each examination for a period of two years after completion of apprenticeship program.

5.1.7. Shall complete apprenticeship program within 30 months of commencing studies.

5.1.8. Shall have direct supervision from the registered Apprenticeship Provider while performing services.

5.1.9. Shall work with Apprenticeship Provider to ensure accurate record keeping including, but not limited to, daily hours attended, number of customers serviced, hours spent learning theory, and other information to assist with ensuring completion of the apprentice program. A Board created and required records form will be issued to the apprentice and Apprenticeship Provider. Tracking of hours, services, and education progress will be indicated on the form.

5.1.10. Shall keep all records on file at the Apprenticeship Provider’s shop for inspection by the Board or its agents.

5.1.11. Shall have access to all records pertaining to his/her apprenticeship within three days of request from the Apprenticeship Provider.

5.1.12. Shall submit to questions from Board’s agent pertaining to sanitation steps and processes used.

5.1.13. Shall submit an application for registration for licensure after completing apprenticeship and passing the barber examination.

W. Va. Code R. § 3-13-6 Apprenticeship Provider Requirements. 6.1 To be a Apprenticeship Provider, a licensed barber shall:

6.1.1. Follow the curriculum listed in Table 1.

6.1.2. Promote good attendance from apprentice that would ensure completion of the barber apprenticeship within 30 months of commencing studies.

6.1.3. Ensure apprentice completes at least 150 hours of practical work on a mannequin and is professionally competent before practicing on a live individual in a licensed facility.

6.1.4. Grade and oversee completion of theory work and written examinations.

6.1.5. Oversee and check all practical work performed during the apprenticeship.

6.1.6. Use Milady Barbering Textbook or Pivot Point Barbering Textbook, less than 5 years from published date, for apprenticeship theory work.

6.1.7. Keep accurate records to include name of apprentice(s), daily hours attended, number of customers serviced, hours spent learning theory, and other information to assist with ensuring completion of the apprentice program.

6.1.8. Submit monthly records electronically to the Board on a form provided by the Board.

6.1.9. Have no more than two apprentices at any time.

6.1.10. Assume professional responsibility over apprentice at all times while apprentice is in the shop and must have direct supervision over apprentice while apprentice is performing services.

6.1.11. Perform frequent practical demonstrations for the apprentice to include haircuts, shaves, styling, and other techniques commonly used by licensed barbers. Demonstrations may be done on paying customers or a mannequin.

6.1.12. Submit to inspection of shop, apprentice documents, and other required records ensuring compliance with this rule and other rules created by the Board.

W. Va. Code R. § 3-13-7 Apprenticeship Provider Shop Requirements

7.1. Shop shall have at least two working hydraulic chairs.

7.2. Shop shall maintain proper equipment in good repair and products to perform daily services typically offered in a barber shop.

7.3. Shop shall have and post a sign clearly visible to the public indicating a barber apprentice is on staff and shall have service prices indicating the cost for barber apprentice.

W. Va. Code R. § 3-13-8 Cosmetologist Requirements for Barber Apprenticeship 8.1 A cosmetologist who wants to obtain licensure as a barber through an apprentice program shall:

8.1.1. Submit application to the Board;

8.1.2. Pay the applicable issuance fee;

8.1.3. Have a West Virginia license in good standing;

8.1.4. Graduate from a school of cosmetology and complete the required clock hours of training in clipper cuts and face shaving in theory work, practical work, and demonstration observations, for a total of 2,100 hours pursuant to W. Va. Code §30-27.

8.1.5. Complete the apprenticeship program within 6 months of commencing studies.

W. Va. Code R. § 3-13-9 Revocation of Apprenticeship Provider and Barber Apprentice Permit

9.1. The permit of a Apprenticeship Provider and Barber Apprentice may be revoked or suspended by the Board for any reason specified in W.Va. Code § 30-27-1 et seq.

W. Va. Code R. § 3-13-10 Administrative Due Process

10.1. Those persons adversely affected by the enforcement of this rule have the right to request a hearing in a manner pursuant to the provisions of W.Va. Code § 30-27-1 et seq.

TABLE 1

(Option 1: Full Apprentice in a Shop Under Apprenticeship Provider)

General Professional Information In this section, students will learn by reading required textbook, lectures from Apprenticeship Provider, and chapter review examinations:

Professional Development Effective Communication Human Relations Business Management/Ownership State Law Sanitation in the Licensed Facility Sanitation Processes and Guidelines First Aid General Infection Control Introduction into Barbering In this section, students will learn by reading required textbook, lectures from Apprenticeship Provider, and chapter review examinations:

Course Outlines Study Skills Professional Image as a Student and Future Licensee The Science of Barbering In this section, students will learn by reading required textbook, lectures from Apprenticeship Provider, and chapter review examinations:

Microbiology Infection Control Specifically to Barbering Implements, Tools, and Equipment Anatomy and Physiology Chemistry Electricity Properties and Disorders of the Skin, Hair, and Scalp Chemical Texture Services and Hair Coloring (Optional)

Professional Barbering In this section, students will learn by watching demonstrations of the items below, reading required textbook, lectures from Apprenticeship Provider, and chapter review examinations:

Treatment of the Hair and Scalp Shaving and Facial Hair Design Men’s Haircutting and Styling Men’s Hair Replacements Total Barbering Program TOTAL HOURS-2,400 TABLE 2 (Option 2 Part 1: Theory of Apprenticeship at a School)

General Professional Information In this section, students will learn by reading required textbook, lectures from Apprenticeship Provider, and chapter review examinations:

Professional Development Effective Communication Human Relations Business Management/Ownership State Law Sanitation in the Licensed Facility Sanitation Processes and Guidelines First Aid General Infection Control Introduction into Barbering In this section, students will learn by reading required textbook, lectures from Apprenticeship Provider, and chapter review examinations:

Course Outlines

History of Barbering Study Skills Professional Image as a Student and Future Licensee The Science of Barbering In this section, students will learn by reading required textbook, lectures from Apprenticeship Provider, and chapter review examinations:

Microbiology Infection Control Specifically to Barbering Implements, Tools, and Equipment Anatomy and Physiology Chemistry Electricity Properties and Disorders of the Skin, Hair, and Scalp Professional Barbering In this section, students will learn by watching demonstrations of the items below, reading required textbook, lectures from Apprenticeship Provider, and chapter review examinations:

Treatment of the Hair and Scalp Shaving and Facial Hair Design Men’s Haircutting and Styling Men’s Hair Replacements TABLE 3 (Option 2 Part 2: Practical Work in a Shop Under Apprenticeship Provider)

The Science of Barbering/General Professional Information (continued)

In this section, students will learn by reading required textbook, lectures from Apprenticeship Provider, and chapter review examinations:

Microbiology Infection Control Specifically to Barbering Implements, Tools, and Equipment Anatomy and Physiology Chemistry Electricity Properties and Disorders of the Skin, Hair, and Scalp Sanitation in the Licensed Facility Sanitation Processes and Guidelines First Aid General Infection Control Professional Barbering In this section, students will learn by watching demonstrations of the items below, reading required textbook, lectures from Apprenticeship Provider, and chapter review examinations:

Treatment of the Hair and Scalp Shaving and Facial Hair Design Men’s Haircutting and Styling Men’s Hair Replacements 3CSR13 3CSR13

Series 14 Waxing Specialist

W. Va. Code R. § 3-14-1 General

Scope. -- This legislative rule establishes the minimum requirements for a waxing specialist.

Authority. -- W. Va. Code § 30-27-8b; W. Va. Code § 30-27-6;

Filing Date. – April 27, 2026.

Effective Date – April 27, 2026.

Sunset Date. – This rule shall terminate and no further force or effect on August 1, 2036.

W. Va. Code R. § 3-14-2 Definitions

2.1. “Waxing Specialist” is a certified individual who engages in the practicing of waxing and tweezing of hair on another person’s body.

W. Va. Code R. § 3-14-3 Qualifications for Waxing Specialist

3.1. Is at least eighteen years of age;

3.2. Is in high school or has a high school diploma, a GED, or has passed the “ability to benefit test” approved by the United State Department of Education;

3.3. Has paid the applicable fee;

3.4. Has a certificate of health from a licensed physician;

3.5. Is a citizen of the United States or is eligible for employment in the United States;

3.6. Has completed a 100 hour class that consists of: professional requirements, safety and health, skin structure, disorders and diseases, removal of superfluous hair and 25 hours on the clinic floor, supervised, for a total of 125 hours;

3.7. Has passed the appropriate examinations (National Written and Practical);

3.8. Has submitted an application verifying the requirements within this section; and

3.9. Possesses a United States or state government issued photograph identification card and shall exhibit to the board or its authorized representative.

W. Va. Code R. § 3-14-4 Authorized Services by Waxing Specialist

4.1. Waxing specialists shall only perform services within the definition of waxing specialist in this rule.

4.2. It is unlawful for any person to wax or tweeze or offer to wax or tweeze without a license or certification from the Board.

W. Va. Code R. § 3-14-5 Display of Certificate

5.1. Every waxing specialist shall display his or her certificate or certificate renewal at the station the individual is currently working and shall exhibit the certificate to the board or its authorized representative.

W. Va. Code R. § 3-14-6 Renewal

6.1. Certifications are valid for one (1) year and must be renewed annually on or before January 1st of each year.

W. Va. Code R. § 3-14-7 Duties of Salon/Shop Owners

7.1. Shop or salon owners and/or managers are responsible for ensuring that waxing specialists follow all provisions under the jurisdiction of the board.

W. Va. Code R. § 3-14-8 Revocation of Certificate

8.1. The certification of a waxing specialist may be revoked or suspended by the Board for any reason specified herein or otherwise set forth in W. Va. Code § 30-27-1 et seq.

W. Va. Code R. § 3-14-9 Administrative Due Process

9.1. Those persons adversely affected by the enforcement of this rule have the right to request a hearing in a manner pursuant to the provisions of W. Va. Code § 30-27-1 et seq.

Series 15 Waiver of Initial Licensure Fee

W. Va. Code R. § 3-15-1 General

1.1. Scope. -- This rule establishes procedures for waiving the initial licensing fee for low-income individuals and military personnel and their spouses.

1.2. Authority. -- W. Va. Code § 30-1-23, and W. Va. Code § 30-27.

1.3. Filing Date. -- May 8, 2024

1.4. Effective Date. -- May 8, 2024

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2034.

W. Va. Code R. § 3-15-2 Definitions

2.1. “Board” means the West Virginia Board of Barbers and Cosmetologists.

2.2. “Initial” means obtaining a license or certification in West Virginia for the practice of barbering, cosmetology, aesthetics, nail technology, hair styling, or waxing for the first time.

2.3. "Local labor market" means every county in West Virginia, and any county outside of West Virginia if any portion of that county is within fifty miles of the border of West Virginia, pursuant to W.Va. Code §21-1C-2.

2.4. “Low-income individual” means an individual in the local labor market as defined in W. Va. Code §21-1C-2, whose household adjusted gross income is below 130 percent of the federal poverty line. This term also includes any person enrolled in a state or federal public assistance program including, but not limited to, the Temporary Assistance for Needy Families Program (TANF), Medicaid, or the Supplemental Nutrition Assistance Program (SNAP).

2.5. “Military families” means any person who serves as an active member of the armed forces of the United States, the National Guard, or a reserve component as described in 38 U. S. C. §101, honorably discharged veterans of those forces, and their spouses. This term also includes surviving spouses of deceased service members who have not remarried.

W. Va. Code R. § 3-15-3 Application for Waiver of Initial Licensure Fees

3.1. The Board may issue a license to an applicant who meets the requirements of W. Va. Code §30-27-1 et seq. and the rules promulgated by the Board, and the Board shall waive the initial licensure fee if the applicant qualifies as a “low-income individual” or as a member of one or more “military families” as defined in this rule.

3.2. Low-income individuals, as defined in this rule, may seek a waiver of the initial licensure or certification fee for licensure or certification as a professional barber, cosmetologist, aesthetician, nail technician, hair stylist, or waxing specialist by submitting with their complete application a low-income waiver of initial licensure fee form, provided by the Board, and all required verification documents as prescribed by the Board. The Board shall review the application and issue a decision within 30 days of receipt of the complete application.

3.3. Military families, as defined in this rule, may seek a waiver of the initial licensure or certification fee for licensure as a professional barber, cosmetologist, aesthetician, nail technician, hair stylist, or waxing specialist by submitting with their complete application a military service verification form, provided by the Board, and all required verification documents as prescribed by the Board. The Board shall review the application and issue a decision within 30 days of receipt of the complete application.

W. Va. Code R. § 3-15-4 Required Documentation for Waiver of Initial Licensure Fees

4.1. Individuals requesting a waiver of initial licensing fees for low income or military service personnel and their spouses, an applicant shall submit to the Board with the application for initial licensure waiver MTLB-LIW or MTLB-MFW form and the appropriate documentation as specified in this section.

4.2. To establish low income eligibility for an initial licensing fee waiver, an applicant shall submit to the Board evidence that the adjusted gross income of the household of the applicant is below 130% of the federal poverty level by submitting documentation of eligibility for:

4.2.1. Temporary Assistance for Needy Families Program;

4.2.2. Medicaid;

4.2.3. Supplemental Nutrition Assistance Program; or

4.2.4. A Federal Tax Return.

4.3. To establish military family eligibility for the initial licensing fee waiver, an applicant shall submit to the Board proof of qualifying military service and proof of eligibility as a qualifying spouse or surviving spouse, as follows:

4.3.1. A service members DD-214 form;

4.3.2. A service members NGB-22 form;

4.3.3. A service members DD-1300 form; or

4.3.4. A copy of their current military orders; or

4.3.5. Other official military documentation, determined to be appropriate by the Board, demonstrating the service member’s qualifying past or current military service; and

4.3.6. A copy of the marriage certificate with the qualifying service member and where applicable, the death certificate of the service member if the surviving spouse is applying for the military family waiver and where applicable a notarized affidavit from the surviving spouse verifying the surviving spouse has not remarried.

4.4. Honorably discharged applicants shall submit to the Board a completed application and a DD-214 form or an NGB-22 form showing the applicant has been honorably discharged from military service.

W. Va. Code R. § 3-15-5 Administrative Due Process

5.1. Those persons adversely affected by the enforcement of this rule shall have the right to request a hearing in a manner pursuant to the provisions of W. Va. Code § 30-27-1 et seq.

Series 16 Cosmetology Apprenticeship

W. Va. Code R. § 3-16-1 General

1.1. Scope. -- This legislative rule establishes a cosmetology apprenticeship.

1.2. Authority. -- W. Va. Code §30-27-8(a).

1.3. Filing Date. -- April 11, 2024

1.4. Effective Date. -- April 11, 2024

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2034.

W. Va. Code R. § 3-16-2 Definitions

2.1. “Cosmetologist Apprentice” means a permitted person seeking to learn cosmetology under a permitted licensed cosmetologist.

2.2. “Apprenticeship Provider” means a permitted licensed cosmetologist that instructs and is responsible for a cosmetologist apprentice during the time of the apprenticeship.

2.3. “Cosmetology Apprenticeship” means the program in which a cosmetology apprenticeship provider instructs a cosmetologist apprentice in the profession of cosmetology which includes theory and practical instruction.

2.4. “Paying Customer” means an individual paying for services.

2.5. “Barber” means a person licensed under the provisions of W. Va. Code § 30-27 and who engages in the practice of barbering.

W. Va. Code R. § 3-16-3 Qualifications for a Cosmetologist Apprentice

3.1. To be eligible to practice as a cosmetologist apprentice, an applicant:

3.1.a. Must be at least sixteen years of age;

3.1.b. Has a high school diploma, a GED, proof of high school enrollment, or has passed the “ability to benefit test” approved by the US Department of Education;

3.1.c. Has paid the application fee;

3.1.d. Has a certificate of health from a licensed physician;

3.1.e. Is a citizen of the United States or is eligible for employment in the United States; and

3.1.f. Has submitted completed application to the Board.

W. Va. Code R. § 3-16-4 Qualifications for an Apprenticeship Provider Offering Cosmetology Apprenticeship

4.1. To be eligible to be a cosmetologist apprenticeship provider, the provider:

4.1.a. Has had an active Cosmetologist license in West Virginia for at least five years;

4.1.b. Has worked in a licensed salon/shop in West Virginia for the last five years;

4.1.c. Can provide training at a licensed salon/shop in West Virginia which has consistent history of satisfactory inspections conducted by Board.

4.1.d. Has a Cosmetologist license currently in good standing with the Board; and works in a barber shop currently in good standing with the Board;

4.1.e. Has paid the application fee; and

4.1.f. Has submitted completed application to the Board.

W. Va. Code R. § 3-16-5 Cosmetologist Apprentice Requirements

5.1. To obtain a cosmetologist license, a cosmetologist apprentice:

5.1.a. Shall complete 3,600 clock hours of apprenticeship training offered solely by a cosmetology apprenticeship provider at a licensed salon/shop or 2,600 clock hours by a cosmetology apprenticeship provider at a licensed salon/shop and 1,000 clock hours with an approved school of cosmetology.

5.1.b. Shall obtain a work permit from the Board immediately after completing apprenticeship hours and while waiting to take the examination. A work permit can only be issued if the applicant is registered for the upcoming examination and can only be renewed once.

5.1.c. Shall use Milady Cosmetology Textbook or Pivot Point Cosmetology Textbook, less than 5 years from published date, for apprenticeship theory work.

5.1.d. Shall successfully pass each chapter review examination with at least a 70%.

5.1.e. Shall complete apprenticeship program within 48 months of commencing studies.

5.1.f. Shall have direct supervision from the registered Apprenticeship Provider while performing services.

5.1.g. Shall work with Apprenticeship Provider to ensure accurate record keeping including, but not limited to, daily hours attended, number of customers serviced, hours spent learning theory, and other information to assist with ensuring completion of the apprentice program. A Board created and required records form will be issued to apprentice and Apprenticeship Provider. Tracking of hours, services, and education progress will be indicated on the form.

5.1.h. Shall keep all records on file at the salon/shop in which the apprentice is training for inspection by the Board or its agents.

5.1.i. Shall have access to all records pertaining to his/her apprenticeship within three days of request from the Apprenticeship Provider.

5.1.j. Shall submit to questions from Board’s agent pertaining to sanitation steps and processes used.

5.1.k. Shall submit an application for registration for licensure to the Board after completing apprenticeship and passing the cosmetology examination.

W. Va. Code R. § 3-16-6 Cosmetology Apprenticeship Provider Requirements

6.1. To be an apprenticeship provider, a licensed cosmetologist shall:

6.1.a. Promote good attendance from apprentice that would ensure completion of the cosmetology apprenticeship within 48 months of commencing studies.

6.1.b. Ensure apprentice is professionally competent before practicing on a live individual in a licensed salon/shop.

6.1.c. Grade and oversee completion of theory work and written examinations.

6.1.d. Oversee and check all practical work performed during the apprenticeship.

6.1.e. Use Milady Cosmetology Textbook or Pivot Point Cosmetology Textbook, less than 5 years from published date, for apprenticeship theory work.

6.1.f. Keep accurate records to include name of apprentice(s), daily hours attended, number of customers serviced, hours spent learning theory, and other information to assist with ensuring completion of the apprentice program.

6.1.g. Submit monthly records on a form created by the Board electronically.

6.1.h. Have no more than one apprentice at any time and no more than three apprentices at a salon/shop at any time.

6.1.i. Assume professional responsibility over apprentice at all times while apprentice is in the salon/shop and must have direct supervision over apprentice while apprentice is performing services.

6.1.j. Perform frequent practical demonstrations for apprentice to include hair, aesthetic, and nail practices and techniques commonly used by licensed cosmetologists. Demonstrations may be done on paying customers or mannequin.

6.1.k. Submit to inspection of shop, apprentice documents, and other required records ensuring compliance with this rule and other rules created by the Board.

W. Va. Code R. § 3-16-7 Salon/Shop Requirements

7.1. Salon/Shop shall have a working hydraulic chair for every apprentice.

7.2. Salon/Shop shall maintain proper equipment in good repair and products to perform daily services typically offered in a salon/shop which provides hair, aesthetic, and nail services.

7.3. Salon/Shop shall have and post a sign clearly visible to the public indicating a cosmetologist apprentice is on staff and shall have service prices indicating the cost for cosmetologist apprentice.

W. Va. Code R. § 3-16-8 Barber Requirements for Cosmetology Apprenticeship

8.1. A barber who wants to obtain licensure as a cosmetologist through an apprentice program shall:

8.1.a. Submit application to the Board;

8.1.b. Pay the applicable issuance fee;

8.1.c. Have a West Virginia barber license in good standing;

8.1.d. Complete 300 clock hours consisting of nail technology, 500 clock hours consisting of aesthetics, and 100 clock hours consisting of the “chemicals” course of cosmetology as defined pursuant to W. Va. Code § 30-27-3.

8.1.e. Complete the total 900-hour apprentice program within 24 months of commencing studies; and

8.1.f. Sit for the cosmetologist examination and must pass within 6 months of completing apprenticeship.

W. Va. Code R. § 3-16-9 Revocation of Apprenticeship Provider and Cosmetologist Apprentice Permit

9.1. The permit of an Apprenticeship Provider and Cosmetologist Apprentice may be revoked or suspended by the Board for any reason specified in W.Va. Code § 30-27-1 et seq.

W. Va. Code R. § 3-16-10 Administrative Due Process

10.1. Those persons adversely affected by the enforcement of this rule have the right to request a hearing in a manner pursuant to the provisions of W.Va. Code § 30-27-1 et seq.