1.4 Scope of Practice (Barber vs Master Barber vs Cosmetologist), Grounds for Discipline and Penalties
Key Takeaways
Under Code of Virginia § 54.1-700, barbering includes shaving and trimming the beard and cutting, singeing or dyeing the hair, so a Virginia barber may color (dye) hair.
A Virginia master barber may also wave, bleach, relax and straighten hair, work on wigs and hairpieces, and wax the scalp (§ 54.1-700).
Since December 1, 2025, Virginia cosmetologists may not perform straight-razor shaving, body treatments or machine facials (DPOR curriculum notice).
The Virginia Board may impose a monetary penalty of up to $2,500 for each violation (Code of Virginia § 54.1-202).
Willful unlicensed practice in Virginia is a Class 1 misdemeanor, and a third conviction within 36 months is a Class 6 felony (§ 54.1-111).
Scope of Practice Comes from the Statute
The definitions in Code of Virginia § 54.1-700 (adopted by 18VAC41-20-10) set what each license allows.
- Barbering means any one or combination of the following, done on the human body for compensation and not to treat disease: shaving, shaping and trimming the beard; cutting, singeing or dyeing the hair or applying lotions to it; and applications, treatments or massages of the face, neck or scalp with oils, creams, lotions, cosmetics, antiseptics, powders, clays or other preparations in connection with shaving, cutting or trimming the hair or beard. These acts are not barbering when done by a person in their home and not offered to the public.
- A master barber is a person who, in addition to barbering, performs waving, shaping, bleaching, relaxing or straightening of human hair, does similar work on a wig or hairpiece, or performs waxing limited to the scalp. Under § 54.1-706 B, the master barber license goes to barbers licensed before December 8, 2017, and to applicants who complete the required education and experience and pass the exam.
- Cosmetology (revised by 2025 House Bill 2669) includes hair removal; basic cleansing facials limited to cleanse, tone and mask or moisturizer; manicures and pedicures; and arranging, cutting, coloring, bleaching, relaxing and similar work on hair, wigs and hairpieces. Hair braiding is excluded. DPOR's notice on the December 1, 2025 regulation changes states that cosmetologists may no longer perform straight-razor shaving, body treatments or machine facials.
Important
A common trap: Virginia barbers may dye (color) hair. The barber curriculum requires 50 hours of hair color instruction and 20 color performances (tints, temporary rinses and semi-permanent color). Bleaching (lightening), permanent waving, relaxing and straightening belong to the master barber license.
| Service | Barber | Master barber | Cosmetologist |
|---|---|---|---|
| Haircutting, tapering and thinning with shears, clippers or razor | Yes | Yes | Yes |
| Straight-razor shaving of the face and neck | Yes | Yes | No (since Dec. 1, 2025) |
| Shaping and trimming beards and mustaches | Yes | Yes | No straight razor |
| Dyeing (coloring) hair | Yes | Yes | Yes |
| Bleaching or lightening hair | No | Yes | Yes |
| Permanent waving, relaxing or straightening | No | Yes | Yes |
| Work on wigs and hairpieces | Not in the barber definition | Yes | Yes |
| Scalp, face and neck treatments and massage tied to a barbering service | Yes | Yes | Scalp treatments; facials limited to basic cleansing facials |
| Waxing | Separate wax technician license | Scalp only | Yes (hair removal) |
| Manicures and pedicures | Separate nail technician license | Separate nail technician license | Yes |
The shop's responsible management must make sure no one performs a service beyond the scope of their license (18VAC41-20-260 B).
Grounds for Discipline (18VAC41-20-280)
The Board, considering the totality of the circumstances, may refuse to issue, renew or reinstate a license; impose a monetary penalty; place a license on probation; suspend it for a stated period; or revoke it. It may do so if the licensee, certificate holder, temporary license holder or applicant:
- Is incompetent or negligent, or cannot practice skillfully and safely because of a mental or physical condition.
- Is convicted of fraud or deceit in practice or teaching, or a school fails to teach the approved curriculum or misawards transfer credit.
- Obtains or tries to obtain a license by false or fraudulent representation.
- Violates, or helps others violate, the chapter, the barber statutes, or local health and sanitation ordinances.
- Offers anything of value to a public employee to circumvent the law.
- Fails to respond to the Board, or gives it false, misleading or incomplete information.
- Refuses an inspection during reasonable hours.
- Fails to produce documents or records on request.
- Fails to report a change of name or address within 30 days.
- Publishes false, deceptive or misleading advertising or makes misrepresentations.
- Fails to report, within 30 days, a final or disciplinary action taken against a license in any jurisdiction.
- Has been convicted of any felony, reviewed under § 54.1-204.
- Fails to report a felony guilty or nolo contendere plea or conviction within 30 days.
- As shop management, allows an unlicensed person to practice unless that person is a registered apprentice.
- As school management, allows a person without an instructor certificate or student instructor temporary license to teach.
- Fails to take sufficient measures to prevent transmission of communicable or infectious diseases, or fails to meet sanitary requirements.
- Fails to follow exam procedures set by the Board and the testing service.
Note
Virginia's regulations do not list specific diseases that require refusing a client. The legal duty is broader: licensees must take sufficient measures to prevent transmission of communicable and infectious diseases (18VAC41-20-270 A 4 and 280(16)). In practice, a barber who sees signs of a contagious condition, such as ringworm, impetigo, head lice or open, draining lesions, declines the service politely and privately and suggests that the client see a physician. The barber does not diagnose.
Penalties
| Law | What it provides |
|---|---|
| § 54.1-202 (administrative) | A licensee who violates a statute or regulation and is not criminally prosecuted is subject to a monetary penalty of up to $2,500 per violation. The Board may delegate authority to the DPOR Director to enter consent agreements, also capped at $2,500 per violation. |
| § 54.1-111 A (unlawful acts) | Includes practicing without a valid license, using a title that suggests licensure, performing restricted acts without a license, misrepresenting facts on an application, refusing to furnish required records and violating any regulation. |
| § 54.1-111 B (criminal) | Willfully committing an unlawful act is a Class 1 misdemeanor (up to 12 months in jail and/or a fine of up to $2,500). A third or later conviction within 36 months is a Class 6 felony. Courts may order restitution. |
| § 54.1-111 C–D (civil) | The DPOR Director may issue a cease-and-desist notice. DPOR may also seek an injunction and a civil penalty of $200 to $5,000 per violation, capped at $25,000 per year per person. |
A reinstated licensee is treated as continuously licensed, so the Board can still discipline conduct from before reinstatement (18VAC41-20-180 F).
A client asks a Virginia barber (not a master barber) for a service. Which service falls within the barber's statutory scope of practice?
Applying a semi-permanent color to cover gray
Bleaching the hair to lighten it two levels
Applying a chemical relaxer to straighten curly hair
Waxing the client's eyebrows
What is the maximum monetary penalty the Board for Barbers and Cosmetology may impose for each violation under Code of Virginia § 54.1-202?
$500
$1,000
$2,500
$25,000
A shop manager lets a friend who holds no license and is not a registered apprentice cut hair for paying customers. Which statement is correct?
It is allowed if a licensed barber checks the finished haircut
It is allowed for up to 90 days without any paperwork
Only the friend can be disciplined, because management has no duty to check licenses
It is a ground for discipline against the shop's responsible management under 18VAC41-20-280
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