Frequently Asked Questions Regarding HB2106, New Sterilization Requirements and Barber Shop / School Inspections
House Bill 2106, relating to the regulating of barbering and cosmetology, was passed in the 80th Legislative Session. Here are some answers to frequently asked questions concerning that legislation and barber shop / school inspections.
- New Sterilization Requirements
- Barber Shop / School Inspections
- Barber Hair Braiding Specialist
- Barber Hair Braiding Specialty Shops
- Barber Hair Weaving Specialist
- Barber Hair Weaving Specialty Shops
- Grandfathered Barber Hair Braiding Specialty Certificate
New Sterilization Requirements
What is an approved sterilizer?
Texas Occupations Code 1603.352 lists the three methods of approved sterilization;
autoclave, dry heat, and ultraviolet light. These are the methods required
to sterilize all metal manicure/pedicure instruments. The sterilizer
must be listed with the FDA.
What establishments are required to
have sterilizers?
Effective June 15, 2007, all Texas barber and cosmetology shops, salons and
schools that provide manicure/pedicure services are required to sterilize
all metal instruments with an autoclave, dry heat, or ultraviolet light sterilizer
that is listed with the FDA.
What if I only use single-use instruments?
If a barber or cosmetology shop, salon, or school only utilizes single-use
manicure/pedicure instruments, then the sterilization requirement would not
apply.
Who is responsible for providing a sterilizer?
The owner or manager of a barber or cosmetology shop, salon or school that
provides manicure/pedicure services is responsible for providing a department
approved and FDA listed sterilizer for the sterilization of metal instruments.
How do I know what type of sterilizer will comply with the requirement?
The sterilizer must be listed with the FDA. Use this link - http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfRL/listing.cfm -
to find sterilizers that have been listed.
In the field titled “product code,” type “FLE” for
autoclaves, “KMH” for
dry heat sterilizers. This search will provide you with the current FDA listed
sterilizers.
The following is the procedure for all implements that require sterilization:
The metal implements must be cleaned (hot soap and water), disinfected (in a wet sanitizer for required time), and placed in a sterilizer (autoclave, dry heat sterilizer, and ultraviolet sanitizer).
How do I operate the sterilizer? Are there
any time and temperature requirements?
The sterilizer must be used in accordance with the sterilizer manufacturer’s
instructions.
Barber Shop / School Inspections
I
am planning to open my own shop. Do I need to wait for the initial
inspection before I can open for business?
No. Shop permits are printed
and mailed as soon as they are processed; however, by checking the verification
box, you are affirming that you will not open until you have met all the
requirements for opening a shop. You may not open for
business until you have your shop permit in
hand.
When will I be inspected after I get my shop permit?
Shop inspections
will be performed during the normal operating hours of the establishment. Except for
initial inspections of barber schools, the department
may conduct inspections without
advanced notice.
How often will my barber shop be inspected?
Shops will be inspected once every two years unless there are significant
violations of sanitation rules; in which case, inspections will be at least
once a year.
How often are barber schools inspected?
Barber school inspections
will be increased from once a year to 2 times a year.
Barber Hair Braiding Specialist
What are the requirements for being certified as a Hair Braiding Specialist?
The department shall issue a Hair Braiding Specialist Certificate
to an applicant who:
Is at least 17 years old;
Satisfies the requirements specified by the department; including training through a commission approved training program;
Pays the required registration fee, and
Has not committed an act that constitutes a ground for denial of the certificate.
Will I need to go to school to be a Hair Braiding Specialist?
Yes,
you will need to enroll in a Licensed Barber School/College for the 35 clock
hour Hair Braiding Specialist course.
Will I be required to take a state exam to obtain a Hair Braiding Specialist
Certificate?
No, there is no state examination for the Hair Braiding
Specialist Certificate. The
Barber School must certify your completed hours and you must submit the
application and fee for the certificate.
What services may a Hair Braiding Specialist provide?
A
hair braiding specialist may only braid a person’s
hair and attach commercial hair only by braiding and without the
use of chemicals or adhesives. Such practice shall not include
shampooing, conditioning, drying, styling, or the application of any chemicals
to the hair; such as, color, chemicals, relaxers, perm solutions or alter
the natural hair in any way. A Hair Braiding Specialist may trim
hair extensions only as applicable to the braiding process.
Does a Hair Braiding Specialist Certificate need to be renewed?
Yes, a Hair Braiding Specialist Certificate is valid for 2 years and
must be renewed the same as all other licenses and certificates.
Is there any continuing education required to renew a Hair Braiding Specialist
Certificate?
No, none of the licenses issued under Chapter 1601 of the Texas Occupations
Code require any continuing education at this time.
Where may I work with my Hair Braiding Specialist Certificate?
A Hair Braiding Specialist may only work in a facility licensed under
the Barber law, such as a Barber shop or Hair Braiding shop, Hair Weaving/Braiding
shop; or a Dual shop/salon.
Barber Hair Braiding Specialty Shops
I am interested in opening a shop to do hair braiding. What
do I need to do?
You will need to submit an application for a Hair Braiding Specialty
shop with the application fee.
What are the requirements for a Hair Braiding Specialty shop?
A
Hair Braiding shop must meet the essential requirements for a barber shop;
such as a restroom, hand washing sink, signs, posting of sanitation rules
and licenses in addition to one work station and one styling chair for each
licensee present and providing services. Hair Braiding Specialty
shops must follow the barber health and safety rules.
Can a Hair Braiding Specialist work in a Hair Weaving Specialty
shop?
Yes, because a Hair Weaving Specialist may also braid hair, a Hair Braiding
Specialist may work in a Hair Weaving Specialty shop as well as a full
service Barber shop.
Can I work in a Cosmetology salon or Cosmetology Hair Weaving/Braiding
salon with my Hair Braiding Specialty license?
No, because your Hair Braiding Specialty license is issued through the
barber laws and rules, the salon must apply for a barber Hair Braiding
Specialty shop license.
Barber Hair Weaving Specialist
What are the requirements for being certified as a Hair Weaving
Specialist?
The department shall issue a Hair Weaving Specialist Certificate to an applicant
who:
Is at least 17 years old;
Satisfies the requirements specified by the department; including training through a commission approved training program;
Pays the required registration fee, and
Has not committed an act that constitutes a ground for denial of the certificate.
Will I need to go to school to be a Hair Weaving Specialist?
Yes, you will need to enroll in a Licensed Barber School/College for the
300 clock hour Hair Weaving Specialist course.
Will I be required to take a state exam to obtain a Hair Weaving
Specialist Certificate?
Yes. Upon completion of the required course, you will need to submit
a license application and fee to the department. You will be contacted
to schedule and pay for the written examination. Once the written examination
has been passed, you will be contacted to schedule and pay for the practical
examination.
What services may a Hair Weaving Specialist provide?
A person who holds a Hair Weaving Specialist Certificate may perform
the services of a hair braiding specialist in addition to attaching commercial
hair by any weaving method.
The practice may include shampooing, conditioning, and drying in connections with a hair weaving service. Such practice does not include styling, cutting, or trimming hair except to the extent such activity is incidental to a hair weaving service; and, does not include the application of color, chemicals, relaxers, perm solutions, or other preparations to alter the color or alter the structure of the hair such as straightening or curling.
Does a Hair Weaving Specialist Certificate need to be renewed?
Yes, a Hair Weaving Specialist Certificate is valid for 2 years and must
be renewed the same as all other licenses and certificates.
Is there any continuing education required to renew a Hair Weaving
Specialist Certificate?
No, none of the licenses issued under Chapter 1601 of the Texas Occupations
Code require any continuing education at this time.
Where may I work with my Hair Weaving Specialist Certificate?
A Hair Braiding Specialist may only work in a facility licensed under the
Barber law, such as a Barber shop or, Hair Weaving/Braiding shop; or a
Dual shop/salon.
Barber Hair Weaving Specialty Shops
What are the requirements for a Hair Weaving Specialty shop?
A Hair Weaving Specialty shop must meet the essential requirements for a
barber shop, such as a restroom, hand washing sink, signs and postings,
one work station and one styling chair for each licensee present and providing
services in addition to a sufficient number of shampoo bowls and one chair
dryer/handheld dryer for each three licensees providing services. Hair
Weaving Specialty shops must follow the barber health and safety rules.
Can a Hair Weaving Specialist provide services in a Hair Braiding
Specialty shop?
No, a Hair Weaving Specialist may only work in a full service Barber shop
or Hair Weaving Specialty shop.
May I work in a Cosmetology salon or Cosmetology Hair Weaving/Braiding
salon with my Hair Weaving Specialty license?
No, because your Hair Weaving Specialty license is issued under the barber
laws and rules, the salon must apply for a Barber shop license or Hair Weaving
Specialty shop license.
Grandfathered Barber Hair Braiding Specialty Certificate
I have been braiding hair many years. Is it
possible to be licensed through grandfathering?
Yes, if you meet
the qualifications for a Grandfathered Barber Hair Braiding Specialty certificate.
What are the qualifications to be grandfathered as a Barber
Hair Braiding Specialist?
Qualifications for grandfathered Barber Hair Braiding certificate:
Submit an application for a Hair Braiding Specialist certificate of registration.
Pay the application fee
Must have at least 10 years of work experience hair braiding in TEXAS before June 1997.
What is the deadline for submitting an application for a certificate
of registration as a barber hair braider through grandfathering?
All applications for a certificate of registration through the grandfathering
process must be submitted no later than October 1, 2007. Applications
after this date will not be accepted and the applicant must complete
the hair braiding course through a licensed barber school.
Where may I perform braiding services?
Because the Barber Hair Braiding Specialty certificate of registration
will be issued under the barber laws and rules, a Hair Braiding Specialist
may work only in a licensed barber shop, a licensed barber
hair braiding shop, or a licensed barber hair weaving shop.
No, the Barber Hair Braiding Specialty certificate of registration is not valid in a cosmetology salon because the certificate is issued under barber law and rules.
