Justification For Adopted Rules

Cosmetologists
16 TAC, Chapter 83, §83.25
(Effective: September 4, 2012)

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code, (TAC), Chapter 83, §83.25 regarding the Cosmetology program, as published in the June 8, 2012, issue of the Texas Register (36 TexReg 4145) without changes. The adoption takes effect September 4, 2012.

The amendments are necessary to provide §83.25(e) continuing education hour options for all instructor licenses renewing on or after September 1, 2012. Section 83.25, adopted on February 17, 2012, and published in the Texas Register on February 10, 2012, (37 TexReg 681) reduced the required continuing education hours from six to four and changed the type of hours from two hours each in sanitation, any topic other than sanitation, and methods of teaching, to one hour in sanitation and three hours in methods of teaching.

Because the majority of continuing education classes are currently provided in two hour increments, instructors must take two methods of teaching courses in order to acquire three continuing education hours. Currently instructors must take five hours of continuing education to meet the topic requirements, and many have already completed the six-hour requirement, yet they still find themselves short one hour of continuing education in methods of teaching. The adopted amendments will give instructors options for acquiring the continuing education hours that do not necessitate taking more hours than required. Option 2 will expire on September 14, 2014, because the Department anticipates that continuing education courses will be changed to meet the reduction in continuing education hours and those courses will be offered in one hour and three hour increments. A summary of each rule amendment was included in the notice of proposed rules published in the June 8, 2012, issue of the Texas Register (36 TexReg 4145).

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed amendments were published in the Texas Register on June 8, 2012. The 60-day public comment period closed on August 10, 2012. The Department received one public comment from a continuing education certified instructor. The commenter expressed support for the proposed amendment and stated that the rule change will benefit instructors.

The amendments are adopted under Texas Occupations Code, Chapter 51, and Texas Government Code, Chapter 57, which authorizes the Commission, the Department’s governing body, to adopt rules as necessary to implement this chapter or a law establishing a program regulated by the Department.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51, and Texas Government Code, Chapter 57. No other statutes, articles, or codes are affected by the adoption.

§83.25. License Requirements--Continuing Education.

(a) Terms used in this section have the meanings assigned by Chapter 59 of this title (relating to Continuing Education Requirements), unless the context indicates otherwise.

(b) To renew an operator license, or an esthetician, manicurist, esthetician/manicurist or a hair weaving, hair braiding, wig, or shampoo/conditioning specialty certificate that expires prior to September 1, 2012, a licensee must complete a total of 6 hours of continuing education through department-approved courses. The continuing education hours must include the following:

(1) 2 hours in Sanitation required under the Act and this chapter;

(2) 2 hours in the Act and this chapter addressing topics other than Sanitation; and

(3) 2 hours in any topics listed in subsection (i).

(c) To renew an operator license, or an esthetician, manicurist, esthetician/manicurist or eyelash extension specialty license, or a hair weaving, hair braiding, wig, or shampoo/conditioning specialty certificate that expires on or after September 1, 2012, a licensee must complete a total of 4 hours of continuing education through department-approved courses. The continuing education hours must include the following:

(1) 1 hour in Sanitation required under the Act and this chapter; and

(2) 3 hours in any topics listed in subsection (i).

(d) To renew an instructor license, an esthetician instructor, manicure instructor, or esthetician/manicure instructor license, that expires prior to September 1, 2012, a licensee must complete a total of 6 hours of continuing education through department-approved courses. The continuing education hours must include the following:

(1) 2 hours in Sanitation required under the Act and this chapter;

(2) 2 hours in the Act and this chapter, addressing topics other than Sanitation; and

(3) 2 hours in methods of teaching in accordance with §83.120.

(e) To renew an instructor license, or an esthetician instructor, manicure instructor, esthetician/manicure instructor or eyelash extension instructor specialty license that expires on or after September 1, 2012, a licensee must complete a total of 4 hours of continuing education through department-approved courses in the following manner:

(1) Option One

(A) 1 hour in Sanitation required under the Act and this chapter; and

(B) 3 hours in methods of teaching in accordance with §83.120; or

(2) Option Two (which expires on 9/1/2014)

(A) 2 hours in Sanitation required under the Act and this chapter: and

(B) 2 hours in methods of teaching in accordance with §83.120.

(f) For a timely or a late renewal, a licensee must complete the required continuing education hours within the two year period immediately preceding the renewal date.

(g) A licensee may receive continuing education hours in accordance with the following:

(1) A licensee may not receive continuing education hours for attending the same course more than once.

(2) A licensee will receive continuing education hours for only those courses that are registered with the department, under procedures prescribed by the department.

(h) A licensee shall retain a copy of the certificate of completion for a course for two years after the date of completion. In conducting any inspection or investigation of the licensee, the department may examine the licensee's records to determine compliance with this subsection.

(i) To be approved under Chapter 59 of this title, a provider's course must be dedicated to instruction in one or more of the following topics:

(1) Sanitation required under the Act and this chapter;

(2) the Act and this chapter, addressing topics other than Sanitation;

(3) the curriculum subjects listed in §83.120.

(j) A registered course may be offered until the expiration of the course registration or until the provider ceases to hold an active provider registration, whichever occurs first.

(k) A provider shall pay to the department a continuing education record fee of $5 for each licensee who completes a course for continuing education credit. A provider's failure to pay the record fee for courses completed may result in disciplinary action against the provider, up to and including revocation of the provider's registration under Chapter 59 of this title.

(l) Notwithstanding subsections (b) through (e) a licensee may satisfy the continuing education requirement for renewal by completing one hour of Sanitation in department-approved courses, if the licensee:

(1) is at least 65 years of age; and

(2) has held a cosmetology license for at least 15 years.

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 August 16, 2012.

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

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