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HB5538 • 2026
To expand licensing opportunities and safety regulation in the esthetics industry
To expand licensing opportunities and safety regulation in the esthetics industry
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-02-16
H
To House Government Organization
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2026-02-16
H
Introduced in House
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2026-02-16
H
To Government Organization
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2026-02-16
H
Filed for introduction
Official Summary Text
To expand licensing opportunities and safety regulation in the esthetics industry
Current Bill Text
Read the full stored bill text
HB 5538 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Introduced Version House Bill 5538 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE 2026 REGULAR SESSION Introduced House Bill 5538 By Delegates Funkhouser, Flanigan, Ridenour, Linville, Masters, and White [Introduced February 16, 2026; referred to the Committee on Government Organization] A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article designated §30-27A-1, §30-27A-2, §30-27A-3, §30-27A-4, §30-27A-5, §30-27A-6, and §30-27A-7, relating to the creation of a master esthetician license; definitions; establishing licensure requirements, scope of practice, reciprocity, discipline, and rulemaking authority. Be it enacted by the Legislature of West Virginia: ARTICLE 27A. Master esthetician license. §30-27A-1. Purpose and legislative findings. (a) The Legislature finds that: (1) The profession of esthetics has expanded to include advanced, noninvasive cosmetic procedures requiring additional education, training, and competency; (2) Clear licensure distinctions between basic and advanced esthetics practice enhance consumer protection and public safety; (3) Many states recognize advanced or master-level esthetics credentials to regulate higher-skill services within a nonmedical scope of practice; (4) Establishing a master esthetician license will promote workforce development, professional advancement, and regulatory clarity within the state. (b) The purpose of this article is to: (1) Create a master esthetician license under the authority of the West Virginia Board of Barbers and Cosmetologists; (2) Establish minimum education, examination, and professional standards for advanced esthetics practice; (3) Ensure advanced esthetic services are performed safely and within a clearly defined, nonmedical scope of practice; and (4) Provide the board with rulemaking authority necessary to implement and administer the master esthetician license. §30-27A-2. Definitions. As used in this article, the following words and terms have the meanings ascribed to them unless the context clearly indicates otherwise: (1) "Board" means the West Virginia Board of Barbers and Cosmetologists. (2) "Esthetician" means a person licensed under this article to practice esthetics, including the cosmetic treatment of the skin. (3) "Master Esthetician" means a person licensed under this article who is authorized to perform advanced esthetic services beyond the scope of a licensed esthetician. (4) "Advanced esthetic services" means noninvasive cosmetic procedures and modalities affecting the epidermis and superficial dermis, as authorized by rule of the board. §30-27A-3. Master Esthetician license; requirements; scope of practice. (a) Creation of license. — There is hereby created a master esthetician license to be issued by the board. (b) License required. — A person may not practice or offer to practice as a Master Esthetician, or use the title "Master Esthetician," unless licensed by the board pursuant to this section. (c) Qualifications for licensure. — An applicant for licensure as a Master Esthetician shall: (1) Be at least 18 years of age; (2) Hold a current esthetician license issued by the board in good standing; (3) Complete a minimum of 600 hours of advanced esthetics education at a board‑approved school or training program, which shall include advanced skin analysis, advanced chemical exfoliation, advanced electrical and machine‑based modalities, infection control, and applicable state laws and rules; (4) Pass a board‑approved written and practical examination; and (5) Pay all applicable fees established by the board. (d) Scope of practice. — (1) A Master Esthetician may perform all services authorized for a licensed esthetician and, in addition, may perform advanced esthetic services as defined by board rule. (2) A Master Esthetician may not perform: (A) Any procedure that penetrates beyond the superficial dermis; (B) Any medical or surgical procedure; or (C) Any service requiring a license to practice medicine, nursing, or another health profession. (e) Rules. — The board shall promulgate legislative rules defining the scope of advanced esthetic services, safety standards, equipment usage, and professional conduct for Master Estheticians. §30-27A-4. Licensure by endorsement. (a) The board may issue a master esthetician license by endorsement to an applicant licensed or certified in another jurisdiction if the board determines that the applicant’s education, examination, and experience are substantially equivalent to the requirements of this state. (b) The board may require additional training or examination if substantial equivalency is not met. §30-27A-5. Renewal and continuing education . (a) A master esthetician license shall be renewed biennially. (b) As a condition of renewal, a licensee shall complete continuing education requirements established by the board, which may include advanced safety and infection control training. §30-27A-6. Discipline. A master esthetician is subject to the disciplinary authority of the board pursuant to this article, including suspension, revocation, or other sanctions for violations of this article or board rules. §30-27A-7. Effective date . This act shall take effect 90 days from passage. NOTE: The purpose of this bill is to add the use of lasers, intense pulsed light (IPL) devices, microneedling, and radiofrequency treatments by aesthetics or esthetics; and define "Master esthetics licensee" as a person with 600 hours of specialized training. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. 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