Cosmetologists Proposed Rules

Chapter 83.  Cosmetologists
Proposal Filed:  November 9, 2012 – Published in the Texas Register:  November 23, 2012

Deadline for Public Comment:  December 24, 2012

Underlined text is new language.

[Strike-thru text] is deleted language.

The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 83, §§83.10, 83.72 and 83.120, regarding the cosmetology program. The proposed rule changes are necessary to implement changes recommended by the Cosmetology Advisory Board at its meeting on October 15, 2012, and by Department staff to update and clarify existing rules and definitions to improve the regulation of the industry. These rule changes are proposed under the authority of Texas Occupations Code, Chapter 51 which mandates that the Texas Commission of Licensing and Regulation (Commission) adopt rules as necessary to implement each law establishing a program regulated by the Department.

Section 83.10 is amended by adding new paragraph (8) to define “distance education” so that beauty culture schools have the option of expanding their teaching methods to include distance learning instruction through a variety of communication technologies.

The amendment to §83.72 establishes responsibilities for beauty culture schools that elect to provide distance education and provides that distance education content be limited to instruction in theory. The amendment to §83.120(a) outlines the technical requirements for the operator curriculum and clarifies the maximum number of hours that may be earned through distance education.

William H. Kuntz, Jr., Executive Director has determined that, for the first five-year period the proposed rules are in effect there will be no foreseeable implications relating to cost or revenues of state or local government as a result of enforcing or administering the proposed rules.

Mr. Kuntz also has determined that for each year of the first five-year period the amendments are in effect, the public benefit will be the enhanced flexibility schools and students will gain by utilizing distance education to earn theory curriculum hours.

There will be no economic effect on small or micro-business or to persons who are required to comply with the rules as proposed under Texas Government Code, Chapter 2006, because the amendments are optional and beauty culture schools may or may not choose to implement distance education as an additional teaching method, The agency has also determined that the proposed rules will have no adverse economic effect on small businesses, and therefore preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.

Comments on the proposal may be submitted by mail to Shanna Dawson, Legal Assistant, General Counsel’s Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to 512/475-3032, or electronically to erule.comments@tdlr.texas.gov.  The deadline for comments is 30 days after publication in the Texas Register.

The rule amendments are proposed under Texas Occupations Code, Chapters 51 and 1602, which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51 and 1602.  No other statutes, articles, or codes are affected by the proposal.

§83.10. Definitions.

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

(1)-(7) (No change.)

(8) Distance education-- A formal education process in which the student and instructor are separated by physical distance and a variety of communication technologies are used to deliver instruction to the student.

(9) [(8)] Dual Shop--A dual barber and beauty shop licensed under Texas Occupations Code, §1603.205.

(10) [(9)] Eyelash Extension Application--The process of applying and removing a semi-permanent, thread-like, natural or synthetic single fiber to an eyelash, including cleansing of the eye area and lashes prior to applying and after removing extensions.

(11) [(10)] Eyelash Extension Specialist--A person who holds a specialty license and who is authorized to practice the service defined in Texas Occupations Code §1602.002(a)(12).

(12) [(11)] Esthetician--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1602.002(a)(6) - (9) and (12). The term esthetician in this chapter includes the term facialist.

(13) [(12)] Esthetician/Manicurist--An esthetician/manicurist may perform only those services defined in Texas Occupations Code §1602.002(a)(6) - (12).

(14) [(13)] Hair braider--A person authorized by 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.

(15) [(14)] Hair weaver--Person authorized by the department to perform the services of a hair braider as defined in this section and, additionally, may 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.

(16) [(15)] Instructor--An individual authorized by the department to perform or offer instruction in any act or practice of cosmetology under Texas Occupations Code, §1602.002.

(17) [(16)] Law and Rules Book--Texas Occupations Code, Chapters 1602 and 1603, and 16 Texas Administrative Code, Chapter 83.

(18) [(17)] License--A department-issued permit, certificate, approval, registration, or other similar permission required by law.

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

(20) [(19)] Manicurist--A manicurist may perform only those services defined in Texas Occupations Code, §1602.002(a)(10) and (11).

(21) [(20)] Mobile Shop--A beauty salon, specialty salon, or dual shop that is operated in a self-contained, self-supporting, enclosed mobile unit.

(22) [(21)] Operator--An individual authorized by the department to perform any act or practice of cosmetology under Texas Occupations Code, §1602.002.

(23) [(22)] Preparation--A substance used to beautify a person’s face, neck or arms or to temporarily remove superfluous hair from a person’s body including but not limited to antiseptics, tonics, lotions, powders, oils, clays, creams, sugars, waxes and/or chemicals.

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

(25) [(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.

(26) [(25)] Shampoo Apprentice--A person authorized to perform the practice of cosmetology as defined in Texas Occupations Code §1602.002(a)(3), relating to shampooing and conditioning a person's hair.

(27) [(26)] Specialty Instructor--An individual authorized by the department to perform or offer instruction in an act or practice of cosmetology limited to Texas Occupations Code, §1602.002(a)(7), (9), (10) and/or (12).

(28) [(27)] Specialty Salon--A cosmetology establishment in which only the practice of cosmetology as defined in Texas Occupations Code, §1602.002(a)(2), (4), (7), (9), (10) or (12) is performed. Specialty salons may only perform the act or practice of cosmetology in which the salon is licensed.

(29) [(28)] Tweezing Technique--Any type of temporary hair removal procedure involving the extraction of hair from the hair follicle by use of, but not limited to, an instrument, appliance or implement made of metal, plastic, thread or other material.

(30) [(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.

(31) [(30)] Wet disinfectant soaking container--A container with a cover to prevent contamination of the disinfectant solution and of a sufficient size such that the objects to be disinfected may be completely immersed in the disinfectant solution.

§83.72. Responsibilities of Beauty Culture Schools.

(a)-(f) (No change.)

(g) Schools offering distance education must;

(1) obtain department approval before offering a course;

(2) provide students with educational materials necessary to fulfill course requirements; and

(3) limit distance education content to instruction in theory.

(h) [(g)] Schools must maintain one album to display each student permit, including affixed picture, of each enrolled student. The permits shall be displayed in alphabetical order by last name, then alphabetical order by first name, and, if more than one student has the same name, by student permit number.

(i) [(h)] Schools may use a time clock to track student hours and maintain a daily record of attendance or schools may use credit hours.

(j) [(i)] Schools using time clocks shall post a sign at the time clock that states the following department requirements:

(1) Each student must personally clock in/out for himself/herself.

(2) No credit shall be given for any times written in, except in a documented case of time clock failure or other situations approved by the department.

(3) If a student is in or out of the facility for lunch, he/she must clock out.

(4) Students leaving the facility for any reason, including smoking breaks, must clock out, except when an instructional area on a campus is located outside the approved facility, that area is approved by the department and students are under the supervision of a licensed instructor.

(k) [(j)] Students are prohibited from preparing hour reports or supporting documents.  Student-instructors may prepare hour reports and supporting documents; however only school owners and school designees, including licensed instructors, may electronically submit information to the department in accordance with this chapter. No student permit holder, including student-instructors, may electronically submit information to the department under this chapter.

(l) [(k)] A school must properly account for the credit hours granted to each student. A school shall not engage in any act directly or indirectly that grants or approves student credit that is not accrued in accordance with this chapter. A school must maintain and have available for a department and/or student inspection the following documents for a period of the student’s enrollment through 48 months after the student completes the curriculum, withdraws, or is terminated:

(1) daily record of attendance;

(2) the following documents if a time clock is used:

(A) time clock record(s);

(B) time clock failure and repair record(s); and

(C) field trip records in accordance with §83.120(d)(5);

(3) all other relevant documents that account for a student’s credit under this chapter.

(m) [(l)] Schools using time clocks shall, at least one time per month submit to the department an electronic record of each student’s accrued clock hours in a manner and format prescribed by the department. A school’s initial submission of clock hours shall include all hours accrued at the school. Delayed data submission(s) are permitted only upon department approval, and the department shall prescribe the period of time for which a school may delay the electronic submission of data, to be determined 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.

(n) [(m)] Schools using credit hours shall, at the end of the course or module or if the student drops or withdraws, submit to the department an electronic record of each student’s accrued credit hours in a manner and format prescribed by the department.

(o) [(n)] Schools changing from clock hours to credit hours shall submit to the department their curriculum for approval before making the change.

(p) [(o)] Except for a documented leave of absence, schools shall electronically submit a student’s withdrawal or termination to the department within 10 calendar days after the withdrawal or termination. Except for a documented leave of absence, a school shall terminate a student who does not attend a cosmetology curriculum for 30 days.

(q) [(p)] Public schools shall electronically submit a student’s accrual of 500 hours in math, lab science, and English.

(r) [(q)] All areas of a school or campus are acceptable as instructional areas for a public cosmetology school, provided that the instructor is teaching cosmetology curricula required under §83.120.

(s) [(r)] A private cosmetology school or post-secondary school may provide cosmetology 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 cosmetology program for purposes of the Act and department rules.

(t) [(s)] Schools may establish school rules of operation and conduct, including rules relating to absences and clothing, that do not conflict with this chapter.

(u) [(t)] Beauty culture schools must have a classroom separated from the laboratory area by walls extending to the ceiling and equipped with the following equipment to properly instruct a minimum of ten students enrolled at the school:

(1) if using a time clock to track student hours, one day/date formatted computer time clock;

(2) desks and chairs or table space for each student in attendance;

(3) medical dictionary;

(4) audio/visual equipment;

(5) a dispensary containing a sink with hot and cold running water and space for storage and

dispensing of supplies and equipment;

(6) a suitable receptacle for used towels/linens;

(7) 2 covered trash cans in lab area; and

(8) one large wet disinfectant soaking container.

(9) If offering the operator curriculum the following equipment must be available in adequate number for student use:

(A) shampoo bowl and shampoo chair;

(B) heat processor or hand-held hair dryer and heat cap or therapeutic light;

(C) cold wave rods;

(D) thermal iron (electric or non-electric);

(E) styling station covered with a non-porous material that can be cleaned and disinfected, with mirror and styling chair (swivel or hydraulic);

(F) mannequin with sufficient hair, with table or attached to styling station;

(G) professional hand clippers;

(H) professional hand held dryer;

(I) manicure table and stool;

(J) facial chair or bed;

(K) lighted magnifying glass;

(L) dry sanitizer; and

(M) wet sanitizer.

(10) If offering the esthetician curriculum the following equipment must be available in adequate number for student use:

(A) facial chair;

(B) lighted magnifying glass;

(C) woods lamp;

(D) dry sanitizer;

(E) steamer machine;

(F) brush machine for cleaning;

(G) vacuum machine;

(H) high frequency machine for disinfection, product penetration, stimulation;

(I) galvanic machine for eliminating encrustations, product penetration;

(J) paraffin bath and paraffin wax;

(K) facial bed;

(L) mannequin head; and

(M) wet sanitizer.

(11) If offering the manicure curriculum the following equipment must be available in adequate number for student use:

(A) an autoclave, dry-heat sterilizer or ultra-violet sanitizer;

(B) complete manicure table with light;

(C) client chair;

(D) student stool or chair;

(E) whirlpool foot spa or foot basin;

(F) electric nail file;

(G) UV light curing system;

(H) paraffin bath and paraffin wax; and

(I) air brush system.

(12) If offering the esthetician/manicure curriculum, the equipment required for the esthetician curriculum as listed in paragraph (10); and the equipment required for the manicure curriculum as listed in paragraph (11); including a wax warmer and paraffin warmer for each service, in adequate number for student use.

(13) If offering the eyelash extension curriculum; the following equipment must be available in adequate number for student use:

(v) [(u)] Cosmetology establishments 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.

§83.120. Technical Requirements--Curriculum.

(a) Operator Curricula

PRIVATE AND PUBLIC POST-SECONDARY COSMETOLOGY SCHOOLS
(1500 CLOCK HOURS OR EQUIVALENT CREDIT HOURS)

(A) - Haircutting and styling - 450 Practical hours, 80 Theory hours
(B) - Hair coloring - 179 Practical hours, 31 Theory hours
(C) - Cold waving - 187 Practical hours, 33 Theory hours
(D) - Orientation, rules and laws - 50 Theory hours
(E) - Manicuring and diseases - 50 Practical hours, 75 Theory hours
(F) - Shampoo - 25 Practical hours, 10 Theory hours
(G) - Chemistry and anatomy - 55 Theory hours
(H) - Salon management - 60 Theory hours
(I) - Hair and scalp treatment and diseases - 45 Practical hours, 35 Theory hours
(J) - Chemical hair relaxing - 38 Practical hours, 12 Theory hours
(K) - Facials, diseases and hair removal - 50 Practical hours, 35 Theory hours

PUBLIC SECONDARY PROGRAMS FOR HIGH SCHOOL STUDENTS
(1000 CLOCK HOURS OR EQUIVALENT CREDIT HOURS)

(A) - Haircutting, styling, and related theory - 400 Practical hours
(B) - Hair coloring and related theory - 150 Practical hours
(C) - Cold waving and related theory - 100 Practical hours
(D) - Manicuring and related theory - 100 Practical hours
(E) - Orientation, rules and laws - 75 Practical hours
(F) - Shampoo and related theory - 75 Practical hours
(G) - Chemical hair relaxing and related theory - 50 Practical hours
(H) - Facials and related theory - 25 Practical hours
(I) - Hair and scalp treatment and related theory - 25 Practical hours

CLASS A BARBER TO COSMETOLOGY OPERATOR
(300 CLOCK HOURS OR EQUIVALENT CREDIT HOURS)

(A) - Haircutting, styling and related theory - 30 Practical hours
(B) - Hair coloring and related theory - 50 Practical hours
(C) - Permanent waving including chemical hair relaxing and related theory - 30 Practical hours
(D) - Orientation, rules and laws - 20 Practical hours
(E) - Manicuring and related theory - 50 Practical hours
(F) - Shampoo and related theory - 10 Practical hours
(G) - Chemistry - 20 Practical hours
(H) - Salon management and practices - 10 Practical hours
(I) - Hair and scalp treatment and related theory - 5 Practical hours
(J) - Facials and related theory - 75 Practical hours

(b)-(d) (No change.)

This agency hereby certifies that the proposal 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 November 9, 2012.

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

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