Barbering Adopted Administrative Rules

JUSTIFICATION FOR ADOPTED RULES

Chapter 82 Barbers

16 Texas Administrative Code (TAC), Chapter 82, §§82.10, 82.20 - 82.23, 82.31, 82.40, 82.70 - 82.72, 82.80, 82.100, 82.104, 82.106, 82.112; repeal of §§82.75 - 82.77 and 82.120; new rule §82.120

(Effective: February 1, 2012)

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code, (TAC), Chapter 82, §§82.10, 82.20 - 82.23, 82.31, 82.40, 82.70 - 82.72, 82.80, 82.100, 82.104, 82.106, and 82.112; the repeal of §§82.75 - 82.77 and 82.120; and new rule §82.120 regarding the Barbers program as published in the October 7, 2011 issue of the Texas Register (36 TexReg 6602). The amendments to §§82.10, 82.20 - 82.22, 82.31, 82.40, 82.70 - 82.72, 82.100, 82.104, 82.106, and 82.112; the repeal of §§82.75 - 82.77, and 82.120; and new rule §82.120 are adopted without changes to the proposed text as published in the October 7, 2011, issue of the Texas Register (36 TexReg 6602). Sections 82.23 and 82.80 are adopted with changes to the proposed text as published in the October 7, 2011, issue of the Texas Register (36 TexReg 6602). The adoption takes effect February 1, 2012.

The amendments, repeal, and new rule are necessary to implement Senate Bill 1170, 82^nd Legislature, Regular Session (2011) and changes recommended by the Advisory Board on Barbering. A summary of the proposed amendments, repeals, and new rule were included in the notice of proposed rules published in the October 7, 2011, issue of the Texas Register (36 TexReg 6602).

One commenter stated that barber schools currently provide a “liquid sanitizer” for each work station and do not provide a “liquid sterilizer” as required in §82.23. The commenter suggested changing the term to accurately reflect the industry standard.

Department response: The Department agrees that the term “liquid sanitizer” more accurately reflects the industry standard and the rule, as adopted, changes the term “liquid sterilizer” to “liquid sanitizer”.

The same commenter proposed requiring that schools provide at least 12 neck dusters and three styling brushes to students so they can be properly sanitized before reuse.

Department response: The Department disagrees with this comment. Section 82.72 requires barber schools to furnish one neck duster and one hair styling brush and the Department believes that the requirement is sufficient for a student kit. The Department does not believe that the volume of customers typically seen by students would necessitate the increase in these items.

The same commenter proposed requiring that all barber students have a vaccination for Hepatitis B before starting school.

Department response: The Department disagrees with this comment. Texas Occupations Code §1601.505 prohibits an owner, operator or manager of a barber shop from knowingly permitting a person with a communicable skin disease or venereal disease from working in a shop and also prohibits a person who knowingly has any of these diseases from working in a shop. The Department believes that absent a legislative expansion of these prohibitions, the Department does not have the authority to require mandatory vaccination for all barber students.

The same commenter proposed changing the ratio of sinks-to-chairs in barber shops from “one sink, wash basin, or hand sanitizer for every three work stations” to “one sink for every two work stations” to conform to the current ratio required in barber schools.

Department response: The Department disagrees with this comment. Changing the ratio of sinks to work stations in barber shops would be costly for the many small business owners who would be required to either remodel or relocate their barber shops to comply with the rule change and would not result in a measurable increase in safety or sanitation.

Another commenter stated that the proposed rule reducing the barber fee from $70 to $60 and eliminating the newsletter is not a sufficient fee reduction and that the fee appears to be set at a rate higher than that required to cover administrative costs.

Department response: The Department disagrees with this comment. In arriving at the $60 figure, the Department analyzed the level of fees necessary to generate the revenue required to operate the barber program. The fee adopted is the appropriate amount in light of this consideration. In addition,§82.80 is adopted with license renewal fee reductions for the following license and certificate types expiring on or after March 15, 2012: Class A Barber, Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/ Hair Weaving, Hair Weaving, Hair Braiding and School Permit. This will provide the Department with sufficient time to make the necessary programming adjustments to facilitate the fee reductions.

Another commenter suggested removing the rule requiring that one barber chair be available for each student in attendance on the practical floor to allow newer students to learn by observing.

Department response: The Department disagrees with this comment. Requiring one barber chair for each student does not limit the possibility for observational learning by newer students. Students always have the option of observational learning but are also guaranteed a chair when they are ready to engage in “hands on” learning.

Another commenter suggested clarifying the language of §82.72(f) because it seems to indicate that if a student cannot provide his or her own equipment the school is obligated to do so.

Department response: The Department disagrees with this comment. The Department believes that the rule is sufficiently clear for both schools and students.

The same commenter suggested that even though FDA approval is no longer required for sterilizers or sanitizers, the Department should consider requiring FDA approval anyway because such approval is not prohibited.

Department response: The Department disagrees with this comment. While the statute does not forbid a rule requiring FDA approval, to do so would frustrate the legislative intent of SB1170 to expand industry options for sanitizing and/or sterilizing tools and implements.

One commenter suggested expanding the definition of disinfectant and provided definitions for the following terms: High Level Disinfectant, Ultraviolet Sanitizer, Antiseptic, Porosity, OSHA Blood Borne Pathogen Standard, Personal Protective Equipment, Sharps, Sharps Container And Contaminated Sharps Injury, Contaminated Waste, Universal Precautions, Texas Commission On Environmental Quality, AOAC (An Agency That Establishes Testing Criteria For Evaluating Anti-Microbial Products),FIFRA ( Federal Insecticide, Fungicide and Rodenticide Act), and Terminal Sterilant.

Department Response: The Department disagrees with this comment. The Department believes that the current health and safety definitions and the adopted definitions provide sufficient standards to adequately protect the licensee and the consumer.

The amendments and new rule are adopted under Texas Occupations Code, Chapters 51, 1601, and 1603 which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department. In particular, Texas Occupations Code, §51.202(a) directs the Commission to set fees in amounts reasonable and necessary to cover the costs of administering programs or activities.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 1601, and 1603. No other statutes, articles, or codes are affected by the adoption.

§82.10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Act--Texas Occupations Code Chapters 1601 and 1603.

(2) Barber Establishment--A barbershop, specialty shop, dual shop, mobile shop, or school that is subject to regulation under the Act.

(3) Barber Instructor--A person authorized by the department to perform or offer instruction in any act or practice of barbering under Texas Occupations Code §1601.002.

(4)Barber School–-An entity that holds a permit issued under this chapter to teach the practice of barbering and that may be privately or publicly funded. The term includes a barber college.

(5) Barber Technician--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1601.002(1)(C), (D), (F), (G) and (I).

(6) Barber Technician/Manicurist--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1601.002(1)(C) - (G).

(7) Barber Technician/Hair Weaver--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1601.002(1)(C), (D), (G) and (H).

(8) Beard--The beard extends from below the line of demarcation and includes all facial hair regardless of texture.

(9) Board--The Advisory Board on Barbering.

(10) Booth Rental Permit--A permit that allows a barber, barber instructor, specialty instructor, barber technician, manicurist, barber technician/manicurist, barber technician/hair weaver, hair weaver, or hair braider to lease space on the premises of a barbershop, specialty shop, or dual shop to engage in the practice of barbering as an independent contractor.

(11) Class A Barber--A person authorized by the department to perform any act or practice of barbering under Texas Occupations Code §1601.002.

(12) Commission--The Texas Commission of Licensing and Regulation.

(13) Department--The Texas Department of Licensing and Regulation.

(14) Dual shop--A dual barber and beauty shop licensed under Texas Occupations Code §1603.205.

(15) Hair braider--A person who holds a Hair Braiding Specialty Certificate of Registration from the department to braid hair. Such practice shall not include shampooing, conditioning, drying, styling, or applying any chemicals, including color chemicals, relaxers, perm solutions, or other preparations to alter the color or to straighten, curl or alter the structure of hair. A hair braider may trim hair extensions only as applicable to the braiding process. Commercial hair may be attached only by braiding and without the use of chemicals or adhesives.

(16) Hair Relating to Haircutting--The hair extending from the scalp of the head is recognized as the hair trimmed, shaped or cut in the process of hair cutting.

(17) Hair weaver--A person who holds a Hair Weaving Specialty Certificate of Registration from the department to perform the services of a hair braider as defined in this section and, additionally, attach hair by any weaving method. Such practice may include shampooing, conditioning, and drying performed in connection with a hair weaving service. Such practice may not include styling, cutting, or trimming hair except to the extent such activity is incidental to a hair weaving service. Such practice shall not include the application of color chemicals, relaxers, perm solutions, or other preparations to alter the color or to straighten, curl, or alter the structure of hair.

(18) License--A license, permit, certificate, or registration issued under the authority of the Act.

(19) License by reciprocity--A process that permits a barber license holder from another jurisdiction or foreign country to obtain a Texas barber license without repeating barber education or examination license requirements.

(20) Line of Demarcation between "the hair" and "the beard"--The demarcation boundary between scalp hair ("the hair") and facial hair ("the beard") is a horizontal line drawn from the bottom of the ear.

(21) Manicurist--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1601.002(1)(E) and (F).

(22) Mobile Shop--A barbershop, specialty shop, or dual shop that is operated in a self-contained, self-supporting, enclosed mobile unit.

(23) Provisional license--A license that allows a person to practice barbering in Texas pending the department’s approval or denial of that person’s application for licensure by reciprocity.

(24) Self-Contained--Containing within itself all that is necessary to be able to operate without connecting to outside utilities such as water and electricity.

(25) Shampoo Apprentice Permit--A non-renewable permit that allows a person to perform the practice of barbering defined in Texas Occupations Code §1601.002(1)(I).

(26) Sideburn--Part of a haircut or style that is a continuation of the natural scalp hair growth, does not extend below the line of demarcation, and is not connected to any other bearded area on the face.

(27) Specialty Instructor--A person authorized by the department to perform or offer instruction in an act or practice of barbering limited to Texas Occupations Code §1601.002(1)(C) - (H) and (K).

(28) Specialty Shop--A barber establishment in which only the practice of barbering as defined in Texas Occupations Code §1601.002(1)(E), (F), (H) or (K) is performed.

(29) Weaving--The process of attaching, by any method, commercial hair (hair pieces, hair extensions) to a client’s hair and/or scalp. Weaving is also known as hair integration or hair intensification.

§82.20. License Requirements—Individuals.

(a) To be eligible for a Class A Barber Certificate, Barber Instructor License, Barber Technician License, Manicurist License, Barber Technician/Manicurist License, Barber Technician/Hair Weaving License or Hair Weaving Specialty Certificate of Registration, an applicant must:

(1) submit the completed application on a department-approved form;

(2) pass the applicable examinations;

(3) pay the fee required under §82.80; and

(4) meet other applicable requirements of the Act, this section, and the applicable curriculum set forth in §82.120.

(b) To be eligible for a Hair Braiding Specialty Certificate of Registration or Student Permit, an applicant must:

(1) submit the completed application on a department-approved form;

(2) pay the fee required under §82.80; and

(3) meet other applicable requirements of the Act, this section and the applicable curriculum set forth in §82.120.

(c) Class A Barber Certificate--To be eligible for a Class A barber certificate, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.253.

(d) Barber Instructor License--To be eligible for a Barber Instructor License, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.254.

(e) Barber Technician License--To be eligible for a Barber Technician License, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.256.

(f) Manicurist License--To be eligible for a Manicurist license, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.257.

(g) Hair Weaving Specialty Certificate of Registration--To be eligible for a Hair Weaving Specialty Certificate of Registration, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.258.

(h) Hair Braiding Specialty Certificate of Registration--To be eligible for a Hair Braiding Specialty Certificate of Registration, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.259. No examination is required.

(i) Student Permit--To be eligible for a Student permit, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.260.

(j) Shampoo Apprentice Permit--To be eligible for a Shampoo Apprentice Permit, an applicant must submit a completed application on a department-approved form and meet the eligibility requirements set forth in Texas Occupations Code §1601.261. A Shampoo Apprentice Permit may not be renewed and no examination is required.

(k) Barber Technician/Manicurist License--To be eligible for a Barber Technician/Manicurist License, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.262.

(l) Barber Technician/Hair Weaving License--To be eligible for a Barber Technician/Hair Weaving License, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.263.

(m) To be eligible for a Specialty Instructor License as a Manicurist Instructor, Barber Technician Instructor, Barber Technician/Manicurist Instructor, Barber Technician/Hair Weaving Instructor, Hair Weaving Instructor or Hair Braiding Instructor, an applicant must:

(1) submit the completed application on a department-approved form;

(2) pay the fee required under §82.80;

(3) be at least 18 years of age;

(4) have a high school diploma or high school equivalency certificate;

(5) hold a current specialty license in the specialty or specialties in which the applicant is seeking licensure; and

(A) have completed a course consisting of 750 hours of instruction in barber courses and methods of teaching in a barber school; or

(B) have at least one year of licensed work experience in each of the specialties in which the applicant is seeking licensure; and

(i) have completed 500 hours of instruction in barber courses and methods of teaching in a barber school; or

(ii) have completed 15 semester hours in education courses from an accredited college or university within the 10 years preceding the date of the application; or

(iii) have obtained a degree in education from an accredited college or university; and

(6) pass a written and practical exam required under §82.21.

§82.21. License Requirements--Examinations.

(a) To be eligible for a department examination, an applicant must:

(1) submit a completed license application on a department-approved form;

(2) pay the applicable license application fee under §82.80; and

(3) have completed the number of curriculum hours required by this chapter and the Act.

(b) For a Class A barber certificate, a student enrolled in a 1,500 hour program is eligible to take the written examination when the department receives proof of completion of 1,000 curriculum hours . A student enrolled in a 1,000 hour program is eligible to take the written examination when the department receives proof of completion of 900 curriculum hours.

(c) All department examinations consist of a written and practical part. A passing grade of 70 on each part is needed to satisfy the examination requirement.

(d) Examinees must pass the written examination before being eligible to take the practical examination.

(e) When appearing for an examination the examinee shall bring the instruments necessary to give a practical demonstration of the barbering services applicable to the license for which the examinee is applying.

(f) The examinee shall provide a model, of 16 years of age or older, on whom to demonstrate the practical work. The department may require parental approval for models under 18 years of age.

(g) To be admitted to an examination, the examinee must present a current, valid government-issued photo identification, which includes the applicant’s full name and date of birth.

(h) Examinees are required to wear a smock or professional attire for the practical examination.

(i) The department will notify an examinee if the examinee fails either the written or practical examination.

(j) Any student or applicant having had a name change during his or her enrollment at any department licensed barber school must notify the department in writing prior to the date on which the student or applicant is scheduled to take any examination, written or practical.

§82.22. Permit Requirements--Barbershops, Specialty Shops, Dual Shops, Mobile Shops, and Booth Rental.

(a) To be eligible for a Barbershop, Specialty Shop Permit, a Dual Shop or Mobile Shop License, or a Booth Rental Permit, an applicant must:

(1) submit the completed application on a department approved form;

(2) pay the fee required under §82.80; and

(3) meet other applicable requirements of the Act and this chapter.

(b) Barbershop Permit--To be eligible for a barbershop permit, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.303.

(c) Specialty Shop Permit-- To be eligible for a Specialty Shop Permit, an applicant must meet the eligibility requirements set forth in Texas Occupations Code §1601.305. The categories of Specialty Shop Permits issued by the department are: manicurist, hair weaving, and hair braiding.

(d) Dual Shop License--To be eligible for a Dual Shop License, an applicant must comply with the requirements of the Act, this chapter, Texas Occupations Code Chapter 1602, and 16 TAC Chapter 83 for obtaining a beauty salon license and a barbershop permit.

(e) Mobile Shop License--To be eligible for a Mobile Shop License, an applicant must:

(1) provide a permanent physical address from which the mobile unit is dispatched and to which the mobile unit is returned when not in use;

(2) provide a permanent mailing address where correspondence from the department may be received; and

(3) verify that the mobile shop complies with the requirements of the Act and this chapter.

(f) Booth Rental Permit--To be eligible for a booth rental permit, an applicant must hold a valid department-issued Class A barber certificate, barber technician license, barber technician/manicurist license, barber technician/hair weaving license, barber instructor license, specialty instructor license, manicurist license, hair weaving specialty certificate of registration, or hair braiding specialty certificate of registration and meet the requirements of this section.

§82.23. Permit Requirements--Barber Schools.

(a) To be eligible for a Barber School Permit, an applicant must:

(1) submit the completed application on a department-approved form;

(2) pay the fee required under §82.80;

(3) satisfy the facility and equipment requirements of Texas Occupations Code §1601.353; and

(4) meet other applicable requirements of the Act and this chapter.

(b) In addition to the eligibility requirements of subsection (a), a private barber school must also pay any required fee under §82.40 and provide adequate proof of financial responsibility.

(d) Barber schools must have and maintain the following:

(1) a building of permanent construction that must include classroom and practical areas covered in a hard-surface floor covering of tile or other suitable material and that must also include access to permanent restrooms, adequate drinking fountain and adequate lighting for each room;

(2) in municipalities with populations of more than 50,000 the building must have a minimum of 2,000 square feet of floor space. In municipalities with populations of 50,000 or less or in an unincorporated area of a county, the building must have a minimum of 1,000 square feet of floor space. Population shall be determined according to the most current decennial census compiled by the United States Census Bureau;

(3) at least 10 student work stations that include a chair that reclines, a back bar, and a wall mirror;

(4) a sink behind every two workstations;

(5) a liquid sanitizer for each workstations; and

(6) at least 10 classroom chairs and other materials necessary to teach the required subjects.

§82.31. Licenses--License Terms.

(a) The following licenses issued under this chapter shall have a term of two years from the date of issuance:

(1) Class A Barber Certificate;

(2) Barber Instructor License;

(3) Specialty License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving;

(4) Specialty Certificate of Registration -- Hair Weaving, Hair Braiding;

(5) Specialty Instructor License-- Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving, Hair Weaving, Hair Braiding;

(6) Shampoo Apprentice Permit;

(7) Barbershop Permit;

(8) Specialty Shop Permit;

(9) Dual Shop License;

(10) Mobile Shop License; and

(11) Booth Rental Permit.

(b) A Barber School Permit issued under this chapter shall have a term of one year from the date of issuance.

§82.40. Private Barber School Tuition Protection Account.

(a) Pursuant to §1601.3571 of the Act, the Private Barber School Tuition Protection Account is created to refund unused tuition if a barber school ceases operation before its course of instruction is complete.

(b) In each year in which the balance of the account is less than $25,000 the department will determine a fee that shall be paid by all permitted barber schools to the account.

(c) The necessity for assessing the fee will be determined by the department when it conducts its annual account balance review prior to December 31st. The fee that is assessed by the department shall be in effect for a period of 12 months.

(d) The fee shall be paid by each permitted barber school, upon annual renewal of the license during the 12-month period and shall be paid in addition to the renewal fee. The renewal notice sent by the department will reflect the fee due to the account.

(e) In addition to any other fees, all new schools applying for a barber school permit shall pay the prescribed fee to the account before a permit will be issued.

(f) The total payment of a claim from the account may not exceed $1,000. The total amount of claims paid against a single closed school may not exceed $2,500.

(g) The executive director may authorize payment to a student from the account, if:

(1) the student makes a claim for payment on a form approved by the executive director;

(2) a closed barber school has failed to refund unused tuition to the student within 30 days after the date the student became eligible for the refund;

(3) the executive director determines after investigation that the student is owed the refund; and

(4) the student assigns to the department all rights of the student against the barber school to the extent of the amount paid to the student from the account.

(h) The department shall pay claims on a pro rata basis from appropriated money available in the account if:

(1) the account contains insufficient assets to pay all claims;

(2) insufficient money has been appropriated to the department from the account to pay all claims; or

(3) the total amount of claims against a single closed school exceeds the amount specified in subsection (f).

(i) The department shall notify a closed barber school of any claim made against the closed school under this section. Before the executive director may authorize any payment from the account, the school shall have 20 days from the date of notice of the claim to dispute the claim and present evidence to the executive director in opposition to the claim.

(j) If payment is made from the account on a claim against a closed barber school:

(1) the school shall reimburse the account immediately or agree in writing to reimburse the account, on a schedule to be determined by the executive director;

(2) the school shall immediately pay the student any additional amount due to the student under the Act or agree in writing to pay the student on a schedule to be determined by the executive director;

(3) payments made by a school to the account or to a student under this subsection include interest accruing at the rate of eight percent a year beginning on the date the executive director pays the claim;

(4) the department shall be subrogated to all rights of the student against the barber school to the extent of the amount paid to the student; and

(5) the department may assess administrative penalties or sanctions against the school and may deny an application for a license, certificate, or permit or an application for renewal of a license, certificate, or permit filed by the holder of the barber school permit.

§82.70. Responsibilities of Individuals.

(a) Only a permitted barber school, barbershop, specialty shop, dual shop, mobile shop, or a licensed barber may advertise in the yellow pages of the telephone directory under "Barber."

(b) License holders, including Class A barbers, barber instructors, barber technicians, barber technician/manicurists, barber technician/hair weavers, hair weavers, hair braiders, manicurists, specialty instructors and shampoo apprentices are responsible for compliance with the health and safety standards of this chapter.

(c) Licensees shall wear clean top and bottom outer garments and footwear while performing services authorized under the Act. Outer garments include tee shirts, blouses, sweaters, dresses, smocks, pants, jeans, shorts, and other similar clothing, and does not include lingerie or see-through fabric.

(d) Licensees shall notify the department in writing of any name change within thirty days of the change.

(e) Licensees shall maintain a current mailing address on file with the department and must notify the department not later than thirty days following any change of mailing address.

(f) Barbers, manicurists, barber instructors, specialty instructors, barber technicians, barber technician/manicurists, barber technician/hair weavers, hair weavers or hair braiders who lease space on the premises of a barbershop or specialty shop to engage in the practice of barbering as an independent contractor must obtain a booth rental permit.

§82.71. Responsibilities of Barbershops, Specialty Shops, and Dual Shops.

(a) The owner of a barbershop or specialty shop and the shop manager in whose name the shop permit is jointly issued, if different from the owner, shall both be responsible individually and jointly for ensuring that all persons who work in a shop are properly licensed at all times. Individuals who do not hold a current license and/or permit required by the department shall not be allowed to engage in barbering. Shop owners and shop managers commit an offense in violation of department rules if an individual with an expired license or permit or no license or no permit engages in barbering in a shop.

(b) Shop owners and/or shop managers shall verify that all employees and independent contractors have current licenses and permits, as applicable.

(c) The shop owner and/or shop manager shall maintain a current list of all individuals who work in a shop at the time of inspection including employees and independent contractors who engage in barbering. The list is to be made available to department inspectors upon demand. The list shall contain at least the following information:

(1) name of each individual working in the shop;

(2) the file number (license number) for each individual;

(3) the booth rental permit number for each independent contractor (booth renter);

(4) whether the individual is an employee or an independent contractor who engages in barbering;

(5) the type of license or permit held by the individual (e.g., barber, manicurist);

(6) the expiration date of the individual's license and/or permit; and

(7) the expiration date of the independent contractor's booth rental permit.

(d) Each barbershop may display a barber pole. This pole shall be the traditional red, white with the optional blue.

(e) In addition, barbershops shall display on the exterior of the building or premises a sign containing the words "Barber Shop" or "Barber Salon" or any phrase containing the word "Barber".

(f) Food or drink must be disposed of in a closed container and the shop shall be separated by a solid wall and have a separate entrance if located in the same building with a restaurant or food preparation area. This rule will not apply to a licensed barbershop or specialty shop in a department store when the sale of food and drink is not immediately adjacent to the shop.

(g) A shop shall provide for the use of individuals who work in the shop at least one sink, wash basin, or hand sanitizer for every three chairs or stations.

(h) Only a permitted barber school, barbershop, or specialty shop or a licensed barber may advertise in the yellow pages of the telephone directory under "Barber".

(i) A shop is responsible for compliance with the health and safety standards of this chapter.

(j) Alterations to the shop's floor plan must be in compliance with the requirements of the Act and this chapter.

(k) A barber establishment shall display in the establishment, in a conspicuous place clearly visible to the public, a copy of the establishment's most recent inspection report issued by the department.

(l) Shops may establish rules of operation and conduct, which may include rules relating to clothing, that do not conflict with this chapter.

(m) Shops shall notify the department in writing of any name change of the shop within thirty days of the change.

(n) Shops shall maintain a current mailing address on file with the department and must notify the department not later than thirty days following any change of mailing address.

(o) Hair weaving specialty shops shall provide the following equipment for each licensee present and providing services:

(1) one work station;

(2) one styling chair;

(3) a sufficient amount of shampoo bowls for licensees providing hair weaving services; and

(4) one chair dryer/handheld dryer for each three licensees providing hair weaving services.

(p) Hair braiding specialty shops shall provide the following equipment for each licensee present and providing services:

(1) one work station; and

(2) one styling chair.

(q) Manicure specialty shops shall provide the following equipment for each licensee present and providing services;

(1) one manicure table with light;

(2) one manicure stool; and

(3) one professional client chair for each manicure station.

(r) Dual shops shall:

(1) comply with all requirements of the Act and this chapter applicable to barbershops;

(2) comply with all requirements of Texas Occupations Code Chapter 1602 and 16 TAC Chapter 83 applicable to beauty salons; and

(3) if the shop does not currently have employed or have a contract with at least one licensed barber (or cosmetologist) the owner must immediately display a prominent sign at the entrance and exit of the shop indicating that no barber (or cosmetologist) is available; and

(4) if the shop has neither employed nor contracted with at least one licensed barber (or cosmetologist) for a period of 45 days or more the owner shall;

(A) not place any new advertisement or display any sign or symbol indicating that the shop offers barbering (or cosmetology) services; and

(B) remove or obscure any existing sign or symbol indicating that the shop offers barbering (or cosmetology) services.

§82.72. Responsibilities of Barber Schools

(a) If a barber school changes ownership, the new owner must apply for a new school permit, including the new permit fee, ten days prior to the change of ownership.

(b) A new permit fee shall be required from a barber school that has changed ownership.

(c) A barber school must have one barber chair available for each student in attendance on the practical floor. Additional students in attendance must be assigned to the beginner's department or theory classroom.

(d) A barber school shall furnish each student within seven days of the student's enrollment his or her own copy of the law and rules book published by the department. Each student shall retain permanent ownership of the books so that he or she will have ready access to and be knowledgeable of the laws and rules that regulate barbering.

(e) The barber school must issue within seven days of enrollment each student his or her own textbook or books which shall contain all subjects referred to in Texas Occupations Code §1601.558. The department must approve each textbook or books before it may be used in the barber school curriculum.

(f) Within 30 days of enrollment, a barber school shall furnish to or ensure that each student is equipped with his or her own personal tools which must include the following:

(1) one professional electric clipper of modern design;

(2) one neck duster;

(3) one barber shears;

(4) one thinning shears;

(5) one razor equipped with disposable blades;

(6) three barber combs;

(7) one styptic powder or liquid styptic;

(8) one tool kit (carrying kit);

(9) one hair styling brush;

(10) one neck clip;

(11) one can clipper oil;

(12) one hand held hair dryer; and

(13) one T-edger or outliner.

(g) No student may take instruction or accrue hours for practical work unless he or she is equipped with the tools required above.

(h) Each barber school shall have:

(1) for each student in attendance on the practical floor, enrolled in a manicurist course outlined in §82.120, one complete manicure table, one complete set of manicuring implements for plain and sculptured nails, and one textbook with complete instructions;

(2) an adequate supply of permanent wave rods , and optional hair styling rollers;

(3) a minimum of two canvas-type wig blocks;

(4) two mannequins, one long-haired and one short-haired;

(5) a minimum of one wig, one hairpiece, and hair extensions for weaving;

(6) clock;

(7) bulletin board;

(8) chalk board or dry erase board;

(9) one hooded hair dryer;

(10) fire extinguisher with current inspection report;

(11) instructor’s desk in classroom; and

(12) if providing manicure or pedicure nail services, an autoclave, dry heat sterilizer or ultraviolet sanitizer.

(i) A student instructor may instruct theory only if assisted by a person holding a barber instructor's license.

(j) A barber school shall submit each application for student permit in a manner prescribed by the department.

(k) Students must have a permit to attend barber school and are authorized to only practice barbering in that school. The school must attach a current student photograph to the school’s portion of the permit and to the student’s portion of the permit. No student permit is valid unless these photographs are attached.

(l) A barber school shall maintain one album displaying the school’s portion of student permits, including affixed picture, of all enrolled students. The permits shall be in alphabetical order. No student may accrue hours for practical work or theory unless the student’s permit is displayed in accordance with this subsection.

(m) Each barber school approved by the department shall include in its instruction the curricula approved by the department.

(n) No business other than the teaching and practicing of barbering can be operated on the premises of a barber school, with the exception of vending machines or retail products directly relating to hair care.

(o) Only a permitted barber school, barbershop, or manicurist specialty shop or a licensed barber may advertise in the yellow pages of the telephone directory under "Barber."

(p) Schools may establish rules of operation and conduct, which may include rules relating to student clothing, that do not conflict with this chapter.

(q) A student enrolled in a barber school must wear a clean uniform or smock during school hours.

(r) Barber schools are responsible for compliance with the health and safety standards of this chapter.

(s) Alterations to the school’s floor plan must be in compliance with the requirements of the Act and this chapter.

(t) Barber schools shall notify the department in writing of any name change of the school within thirty days of the change.

(u) Barber schools shall maintain a current mailing address on file with the department and must notify the department not later than thirty days following any change of mailing address.

(v) At least one time per month, barber schools shall submit to the department an electronic record of each student’s accrued hours, in a manner and format prescribed by the department. Delayed data submission(s) are permitted only upon department approval, and the department shall determine the period of time for which a school may delay the electronic submission of data on a case by case basis. Upon department approval, a school may submit data required under this subsection in an alternate manner and format as determined by the department, if the school demonstrates that the requirements of this subsection would cause a substantial hardship to the school.

(w) A school shall maintain and have available for department and/or student inspection the monthly progress report required by Texas Occupations Code §1601.561(a), documenting the daily attendance record of each student and number of credit hours earned. The school shall maintain the monthly progress report throughout the period of the student’s enrollment and for 48 months after the student completes the curriculum, withdraws, or is terminated.

(x) A barber establishment shall display in the establishment, in a conspicuous place clearly visible to the public, a copy of the establishment’s most recent inspection report issued by the department.

(y) A barber school must have at least one instructor for every 25 students on the school’s premises.

(z) A barber school must have at least one instructor for every three student instructors on the school’s premises. A student instructor shall concentrate on developing teaching skills and may not be booked with customers.

(aa) A private barber school or post secondary barber school may provide barber instruction to public high school students by contracting with the school district and complying with Texas Education Agency law and rules. A public high school student receiving instruction under such contract is considered to be a public high school student enrolled in a public school barber program for purposes of the Act and department rules.

§82.80. Fees.

(a) Application Fees:

(1) Class A Barber Certificate--$60

(2) Barber Instructor License--$70

(3) Specialty License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving--$30

(4) Student Permit--$35 (includes $10 law and rules book fee)

(5) Shampoo Apprentice Permit--No charge

(6) Specialty Certificate of Registration--Hair Weaving, Hair Braiding--$43

(7) Specialty Instructor License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving, Hair Weaving, Hair Braiding--$70

(8) Barbershop Permit--$60

(9) Specialty Shop Permit--$50

(10) Booth Rental Permit--$50

(11) School Original Permit--$500

(12) Dual Shop--$130

(13) Mobile Shop--$60

(b) Renewal Fees:

(1) Class A Barber Certificate--$70 for certificates expiring prior to March 15, 2012; $60 for certificates expiring on or after March 15, 2012

(2) Barber Instructor License--$70

(3) Specialty License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving--$40 for certificates expiring prior to March 15, 2012; $30 for certificates expiring on or after March 15, 2012

(4) Student Permit--No charge

(5) Specialty Certificate of Registration--Hair Weaving, Hair Braiding-- $53 for certificates expiring prior to March 15, 2012; $43 for certificates expiring on or after March 15, 2012

(6) Specialty Instructor License--Barber Technician, Manicurist, Barber Technician/Manicurist, Barber Technician/Hair Weaving, Hair Weaving, Hair Braiding--$70

(7) Barbershop Permit--$60

(8) Specialty Shop Permit--$50

(9) Booth Rental Permit--$50

(10) School Permit--$300 for certificates expiring prior to March 15, 2012; $200 for certificates expiring on or after March 15, 2012

(11) Dual Shop--$100

(12) Mobile Shop--$60

(d) Issuance of a revised or duplicate license, certificate or permit--$25

(e) Verification of license, permit or certificate to other states--$25

(f) Law and Rules Book Fee--$10

(g) Late renewals fees for licenses, certificates and permits issued under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

(h) Inspection Fees (for each occurrence):

(1) Initial Inspection or Reinspection of school--$200

(2) Risk-based Inspection Fees for schools and shops--$150

(i) All fees are nonrefundable, except as otherwise provided by law or commission rule.

§82.100. Health and Safety Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Chlorine bleach solutions--A chemical used to destroy bacteria and to disinfect implements and non-porous surfaces; solution should be mixed fresh at least once per day. As used in this chapter, chlorine bleach solutions fall into three categories based on concentration and exposure time:

(A) Low level disinfection (100 - 200 ppm)--Add two teaspoons household (5.25%) bleach to one gallon water. Soak 10 minutes minimum.

(B) High level disinfection (1,000 ppm)--Add one-third (1/3) cup household (5.25%) bleach to one gallon water. Soak 20 minutes minimum.

(C) Blood and body fluid cleanup and disinfection (5,000 ppm)--Add one-and-three-quarters (1 3/4) cups household (5.25%) bleach to one gallon water. Also referred to as 10% bleach solution.

(2) Clean or cleansing--Washing with liquid soap and water, detergent, antiseptics, or other adequate methods to remove all visible debris or residue. Cleansing is not disinfection.

(3) Disinfect or disinfection--The use of chemicals to destroy pathogens on implements and other non-porous surfaces to render an item safe for handling, use, and disposal.

(4) Disinfectant--In this chapter, one of the following department-approved chemicals:

(A) an EPA-registered bactericidal, fungicidal, and virucidal disinfectant used in accordance with the manufacturer's instructions;

(B) a chlorine bleach solution used in accordance with this chapter; or

(C) an Isopropyl alcohol used at a concentration of at least 70% and ethyl alcohol used at a concentration of at least 90%.

(5) EPA-registered bactericidal, fungicidal, and virucidal disinfectant--When used according to manufacturer's instructions, a chemical that is a low-level disinfectant used to destroy bacteria and to disinfect implements and non-porous surfaces.

(6) Isopropyl or Ethyl alcohol--Isopropyl alcohol used at a concentration of at least 70% and ethyl alcohol used at a concentration of at least 90% are chemicals that are a low-level disinfectant used to destroy bacteria and to disinfect implements.

(7) Multi-use items--Items constructed of hard materials with smooth surfaces such as metal, glass, or plastic typically for use on more than one client. The term includes but is not limited to such items as clippers, scissors, combs, nippers, and some nails files.

(8) Single-use items--Porous items made or constructed of cloth, wood, or other absorbent materials having rough surfaces usually intended for single use including but not limited to such items as tissues, orangewood sticks, cotton balls, some buffer blocks, and gauze.

(9) Sterilize or sterilization--To eliminate all forms of bacteria or other microorganisms by use of an autoclave or dry heat sterilizer,

(10) Sanitize or sanitization--To reduce the number of microorganisms to a safe level by use of an ultraviolet sanitizer.

§82.104. Health and Safety Standards--Facial Services.

(a) Barbers and barber technicians shall wash their hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client. Gloves shall be worn during any type of extraction.

(b) Equipment, implements, tools and materials shall be properly cleaned and disinfected prior to servicing each client in accordance to this rule.

(c) Facial chairs and beds, including headrest for each, shall be cleaned and disinfected prior to providing service to each client. The chair or bed shall be made of or covered in a non-porous material that can be disinfected.

(d) After each client, multiple use implements such as metal tweezers and comedone extractors shall be cleaned and disinfected.

(e) The following implements are single-use items and shall be discarded in a trash receptacle after use: cotton pads, cotton balls, gauze, wooden applicators, disposable gloves, tissues, disposable wipes, lancets, fabric strips and other items used for a similar purpose as one or more of the items listed above.

(f) The following items that are used during services shall be replaced with clean items for each client: disposable and terry cloth towels, hair caps, headbands, brushes, gowns, makeup brushes, spatulas that contact skin or products from multi-use containers, sponges and other items used for a similar purpose as any one of the items listed above.

(g) Items subject to possible cross contamination such as creams, cosmetics, astringents, lotions, removers, waxes, moisturizers, masks and oils shall be used in a manner so as not to contaminate the remaining product. Applicators shall not be re-dipped in product. Permitted procedures to avoid cross contamination are:

(1) Disposing of the remaining product before beginning services on each client; or

(2) Using a single-use disposable implement to apply product and disposing of such implement after use; or

(3) Using an applicator bottle to apply the product.

§82.106. Health and Safety Standards--Manicure and Pedicure Services.

(a) Barbers and barber manicurists shall clean their hands with soap and water or a hand sanitizer prior to performing any services.

(b) Barbers and barber manicurists shall clean the areas of the client's body on which the service is to be administered.

(c) All metal manicure and pedicure tools shall be properly cleaned, disinfected and sterilized or sanitized after each service, in accordance with this chapter, regardless of the tool’s multiuse for only a single client or for multiple clients.

(d) After each client, the following implements shall be cleaned, disinfected, and sterilized or sanitized in accordance with the rule: metal pusher and files, cuticle nipper and scissors, metal tweezers, finger and toe nail clippers and electric drill bits.

(e) The following implements are single-use items and shall be discarded after use: orangewood sticks, cotton balls, nail wipes and disposable towels.

(f) Buffer blocks, porous nail files, pedicure files, callus rasps, natural pumice and foot brush, arbor, sanding bands, sleeves, heel and toe pumice, exfoliating block (rough surfaced or absorbent materials) shall be cleaned by manually brushing or other adequate methods to remove all visible debris after each use, and then sprayed with Isopropyl or ethyl alcohol, an EPA-registered bactericidal, fungicidal, and virucidal disinfectant, or a high-level disinfection chlorine bleach solution in accordance with this chapter. If a buffer block or porous nail file is exposed to broken skin (skin that is not intact) or unhealthy skin or nails, it must be discarded immediately after use in a trash receptacle.

(g) The following materials that are used during a manicure and pedicure shall be replaced with new or clean articles for each client: terry cloth towels, finger bowls and spatulas that contact skin or skin products from multi-use containers.

§82.112. Health and Safety Standards--Prohibited Products or Practices.

(a) Licensees may not use any of the following substances or products in performing barbering services:

(1) Methyl Methacrylate Liquid Monomers, a.k.a., MMA

(2) Razor-type callus shavers designed and intended to cut growths of skin such as corns and calluses, e.g., credo blades.

(3) Alum or other astringents in stick or lump form. (Alum or other astringents in powder or liquid form are acceptable.)

(4) Fumigants such as formalin (formaldehyde) tablets or liquids.

(b) Possession on licensed premises of any item listed in this section is a violation under this chapter.

(c) The use of any product, preparation or procedure that comes into contact with or penetrates the dermis layer of the skin is prohibited.

§82.120. Technical Requirements--Curricula.

(a) Requirement for enrollment. No person may enroll in an instructor’s course in an approved barber school before receiving the appropriate license.

(b) The curriculum for the 750 hour barber instructor license must be completed in a course of not less than 20 weeks as follows:

Figure: 16 TAC §82.120(b)

(c) The curriculum for the barber instructor license with one year experience consists of 500 hours to be completed in a course of not less than 13 weeks as follows:

Figure: 16 TAC §82.120(c)

(d) The curriculum for the class A barber certificate in a private or public post-secondary barber school consists of 1,500 hours, to be completed in a course of not less than nine months, as follows:

Figure: 16 TAC §82.120(d)

(e) The curriculum for the class A barber certificate while holding a cosmetology operator license consists of 300 hours, to be completed in a course of not less than 9 weeks, as follows:

Figure: 16 TAC §82.120(e)

(f) The curriculum for the class A barber certificate in a public secondary program for high school students consists of 1,000 hours of instruction in barber courses and 500 hours of related high school courses prescribed by the commission in a vocational barber program in a public school to be completed in a course of not less than six months, with the 1,000 hours as follows:

Figure: 16 TAC §82.120(f)

(g) The curriculum for the manicurist license consists of 600 hours, to be completed in a course of not less than 16 weeks, as follows:

Figure: 16 TAC §82.120 (g)

(h) The curriculum for the barber technician/manicurist license consists of 900 hours; to be completed in a course of not less than 24 weeks, as follows:

Figure: 16 TAC §82.120(h)

(i) The curriculum for the barber technician/hair weaving license consists of 600 hours to be completed in a course of not less than 16 weeks, as follows:

Figure: 16 TAC §82.120(i)

(j) The curriculum for the barber technician license consists of 300 hours, to be completed in a course of not less than 8 weeks, as follows:

Figure: 16 TAC §82.120(j)

(k) The curriculum for the hair braiding specialty certificate of registration consists of 35 hours as follows:

Figure: 16 TAC §82.120(k)

(l) The curriculum for the hair weaving specialty certificate of registration consists of 300 hours as follows:

Figure: 16 TAC §82.120(l)

(m) Field Trips

(1) Barber related field trips are permitted under the following conditions for students enrolled in the following courses and the guidelines under this subsection must be strictly followed.

(2) A student may obtain the following field trip curriculum hours:

(A) a maximum of 75 hours out of the 1,500 hour Class A Barber course;

(B) a maximum of 50 hours out of the 1,000 hour class A Barber course;

(D) a maximum of 20 hours for the Barber Technician course;

(E) a maximum of 45 hours for the Barber Technician/Manicurist course;

(F) a maximum of 30 hours for the Barber Technician/Hair Weaving course;

(G) a maximum of 20 hours for the Hair Weaving course;

(H) a maximum of 35 hours for the 750 hour Instructor course;

(I) a maximum of 25 hours for the 500 hour Instructor course; and

(J) a maximum of 15 hours for the Cosmetology Operator to Class A Barber course.

(3) Students must be under the supervision of a licensed instructor from the school where the student is enrolled at all times during the field trip. The instructor-student ratio required in a school is required on a field trip.

(4) Complete documentation is required, including student names, instructor names, activity, location, date, and duration of the activity.

(5) No credit may be earned for travel.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on January 12, 2012.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

The repeals are adopted under Texas Occupations Code, Chapters 51, 1601, and 1603 which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement this chapter and any other law establishing a program regulated by the Department.

The statutory provisions affected by the repeal are those set forth in Texas Occupations Code, Chapters 51, 1601, and 1603. No other statutes, articles, or codes are affected by the adoption.

§82.75. Responsibilities of Registered Examination Proctor.

§82.76. Responsibilities of Barber Technician.

§82.77. Barber Refresher Course.

§82.120. Technical Requirements—Curricula

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on January 12, 2012.

William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation

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