Proposed Rules for Cosmetologists

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Chapter 83. Cosmetologists
Proposal Filed: June 20, 2011 – Published in the Texas Register: July 1, 2011
Deadline for Public Comment: August 1, 2011

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) §§83.10, 83.20, 83.21, 83.25, 83.31, 83.70, 83.71, 83.72, 83.74, 83.80 and 83.120, and the repeal of §83.75 regarding the cosmetology program.

The Department is proposing amendments to Chapter 83 in response to its required four-year rule review and the Texas Commission of Licensing and Regulation’s (Commission) rule simplification initiative.

The proposed rule changes are necessary to eliminate the definition and licensing requirements relating to registered examination proctors; eliminate continuing education licensing requirements for licenses expiring before September 1, 2008; modify the number of continuing education courses required for license renewal; expand the ways for cosmetology schools to track student hours; clarify the definition of school withdrawal and termination and eliminate the specific number of practical applications that students must perform along with the requirement that schools record and transmit that information to the Department.

The Department published a Notice of Intent to Review its cosmetology program rules as part of the four-year rule review required under Texas Government Code §2001.039, in the November 12, 2010, issue of the Texas Register (35 TexReg 10064). A subsequent notice was published in the December 10, 2010, issue of the Texas Register (35 TexReg 11079), which extended the public comment period until January 13, 2011.

The Department received public comments in response to its Notice of Intent to Review. The re-adoption notice stated that the Department would address those public comments along with the suggested changes resulting from the Department’s own review in a future proposed rulemaking. In addition to those suggested changes, the Texas Commission of Licensing and Regulation (Commission), has directed the Department’s advisory boards to review their respective program rules with a goal of simplifying the rules and eliminating any unnecessary or obsolete rules.

The current proposal reflects the public comments submitted in response to the Notice of Intent to Review, the Department’s own review of the rules, and input and recommendations from the Cosmetology Advisory Board (Advisory Board) on the rule review proposal and the rule simplification initiative. The Department’s responses to the public comments that were submitted in response to the Notice of Intent to Review are specifically addressed in this proposal.

§83.10

The proposal amends §83.10. Definitions, by deleting current §82.10(20), “registered examination proctor” defined as “an individual authorized by the department to evaluate or grade practical examinations…” The Department does not use registered examination proctors to grade exams. It is more cost effective to contract with PSI Exams for this service because the company also develops and administers examinations for all occupational licenses that the Department regulates. As a result, the rules requiring registration and regulation of examination proctors are unnecessary.

The proposal also renumbers the remaining definitions as applicable to reflect the deleted definition.

Three public comments were submitted on §83.10 in response to the Notice of Intent to Review. One individual urged reform of the registered examination proctor qualifications and registration. The Department did not incorporate the commenter’s suggestions into this proposal but instead is recommending that the examination proctor registrant definition and all rules referencing the term be eliminated.

Another individual strongly felt that the term facialist should be changed to Aesthetician because the term “aesthetician” is more widely used in the industry. The Department did not make any changes in response to this public comment. This suggestion would require a statutory change by the legislature.

A third individual submitted a public comment suggesting that the term “approved program” be added to §83.10 as “a program approved by the Department to provide training for a specialty license that is subject to regulation under the act”. The Department did not make any changes in response to this public comment. This suggestion would require a statutory change by the legislature.

§83.20

The proposal deletes §83.20(f)(1)-(5), eligibility requirements for registered examination proctors.

Four public comments were submitted on §83.20 in response to the Notice of Intent to Review. One individual suggested that standardizing the written exam by using the NIC exam will make discussions of reciprocity more relevant since 36 states currently adhere to NIC testing. The Department did not make any changes in response to this public comment because the decision to contract with testing services is not determined by rule.

The same individual questioned whether weaving, braiding and wig specialty should be removed from the definition of cosmetology. A second individual stated that the braiding and weaving license be combined and the hours increased to 750 because it takes more practice for someone to learn to braid or weave than it does to learn to cut, color, or relax hair.

The Department did not make any changes in response to these public comments however the Commission’s rule simplification initiative is an ongoing project and the Advisory Board and the Department will consider curriculum recommendations at a later date.

A representative of Southeast Texas Career Institute commented that all instructors should be required to complete 750 hours in methods of teaching instead of having the option to substitute two years of practical experience for 500 hours of training in teaching methods. This would ensure that instructor learn effective teaching methods. The Department did not make any changes in response to this public comment. This suggestion would require a statutory change by the legislature.

A fourth individual commented that an apprenticeship program should be an educational requirement for licensure. The Department did not make any changes in response to this public comment. This suggestion would require a statutory change by the legislature.

§83.21

The proposal amends §83.21(g) to eliminate the requirement that applicants wear a smock/lab coat with sleeves when taking the practical examination. The Advisory Board’s opinion is that the requirement is not necessary to ensure safety or sanitation during testing.
One public comment was submitted on §83.21 in response to the Notice of Intent to Review. A representative of Regency Beauty Institute commented that these subparagraphs make no reference to requiring students to complete the remainder of their 1500 clock hours prior to taking the written exam and as such, the rule leads students to believe that they can move forward with taking their written and practical exam with only 1000 hours completed. The individual suggests that the rule be clarified to indicate that schools must certify a student’s graduation prior to registration for the practical exam. The Department did not make any changes in response to this public comment however the Commission’s rule simplification initiative is an ongoing project and the Advisory Board and the Department will consider this recommendation at a later date.

§83.22

One public comment was submitted on §83.22 in response to the Notice of Intent to Review which questioned why there should be separate licenses for barbers and cosmetologists since there is no difference between the two occupations except that barbers can shave clients. The Department did not make any changes in response to this public comment. This suggestion would require a statutory change by the legislature.

The same commenter suggested that new salons be permitted to open if they have submitted a completed application certifying that they have complied with TDLR requirements and paid the fee since allowing opening prior to inspection would create jobs more quickly for cosmetologists. The Department did not make any changes in response to this public comment however the Commission’s rule simplification initiative is an ongoing project and the Advisory Board and the Department will consider this recommendation at a later date.

A second individual was concerned about the complications of moving a shop from one location to another without closing the business for a few days stating that it is not practical and that some leniency should be given to shop owners so they don’t have to close their business. The Department did not make any changes in response to this public comment however the Commission’s rule simplification initiative is an ongoing project and the Advisory Board and the Department will consider this recommendation at a later date.

§83.25

The proposal amends §83.25 by eliminating subsections (b)-(d) which refer to continuing education licensing requirements for licenses that expire before September 1, 2008. These subsections were included as transition provisions and are no longer necessary because all licenses issued prior to September 1, 2008, have expired.

Section 83.25 is amended based upon the Advisory Board’s review of the continuing education requirements. The board’s opinion is that the overall number of continuing education hours should be reduced from six to four. The number of sanitation hours required for operators and specialty instructors are decreased from two to one and three hours must be earned in any topic listed in subsections (g) including sanitation, law and rules other than sanitation, and the curriculum subjects listed in §§83.120.

Three public comments were submitted on §83.25 in response to the Notice of Intent to Review. One cosmetologist submitted a comment suggesting that continuing education requirements for renewal should be eliminated.

A second individual suggested that the Department find a way for continuing education to be reduced or streamlined and a third individual commented that there is no justifiable reason to require continuing education for license renewal and questioned the exemption for licensees over 65 years of age if continuing education requirements are really necessary. The Advisory Board has proposed reducing the continuing education requirements and has incorporated the suggestions into this proposal.

§83.28

One public comment was submitted on §83.28 in response to the Notice of Intent to Review. The commenter stated that the reciprocity requirements are too stringent and that Texas should allow all out-of-state qualified cosmetologists to obtain a license. The Department did not make any changes in response to this public comment. The requirements for allowing out-of-state qualified cosmetologists to obtain a license are set out in §83.28(a)(1)(A).

§83.31

The proposal deletes §83.31(b)(3), license terms for examination proctor registration.

§83.65

One individual commented on §83.65 in response to the Notice of Intent Review. The individual suggested barring cosmetology school owners from sitting on the Advisory Board as one of several ways to make obtaining a license less expensive and improve the quality of graduates. The Department did not make any changes in response to this public comment. This suggestion would require a statutory change by the legislature.

§83.70

The proposal amends §83.70(e) to expand the options a license holder has when displaying her /his license. The amendment will allow the licensee to either post the license at her/his work station or make it available at the salon reception desk.

The proposal eliminates §83.70(i) which requires licensees to make appointments to provide services to incapacitated or deceased persons through a salon. The Advisory Board believes that eliminating this subsection will make it more convenient for a licensee because she/he will be able to make arrangements to directly schedule the service without using an intermediary salon.

§83.71

The proposal eliminates §83.71(e)(1)(D) and (e)(6)(D) which currently requires salons to provide hand-held hair dryers to salon employees. The Advisory Board recommends this change to reflect the standard practice in the industry that stylists use their own hand-held hair dryers when working.

§83.72

The proposal amends §83.72 to provide an additional way for beauty culture schools to track student hours. Currently, schools may only track student hours by using a time clock. The proposed amendments give schools the option of using credit hours to track student hours. The amendments establish procedures for schools that elect to use credit hours. Schools choosing to change from clock to credit hours will be required to submit their curriculum to the Department for approval before making the change to ensure that the proposed curriculum hours are equivalent to clock hours.

One public comment was submitted by an instructor at the Odessa College Cosmetology High School Department on §83.72 in response to the Notice of Intent to Review. The cosmetology instructor favored eliminating clock hours for cosmetology students because it would put more focus on learning instead of accumulating hours in a subject area and would allow instructor input when scheduling exams based upon student mastery of subject matter instead of hours accumulated. The instructor believes that this change would help to reduce failure rates. The Department incorporated the commenter’s suggestion into the proposal by providing an additional method of tracking student hours by credit so that schools may have the option of using either clock hours or credit hours.

A second public comment was received from Regency Beauty Institute on §83.72(f) in response to the Notice of Intent to Review requesting that the requirement that a full-time instructor be on staff and on duty during business hours be amended to include part-time instructors. The Department did not make any changes in response to this public comment. This suggestion would require a statutory change by the legislature.

§83.74

The proposal amends §83.74(b),(c), (i)-(k)to change the term “credit hours” to “credit” so that the term will include both clock hours and credit hours.

The Department proposes to amend §83.74(g) to define the terms “withdrawal or termination” by the number of hours scheduled according to the contract the student has signed with the school and not the clock hours the student has earned during class attendance. The amendment creates a method of calculating withdrawal or termination that does not solely reference clock hours but also includes credit hours.

§83.75

The proposal repeals §83.75. Responsibilities of Registered Examination Proctors.

§83.80

The proposal deletes §83.80(a)(12), (b)(12) and (j), registration, examination and renewal fees of registered examination proctors.

One public comment was submitted on §83.80 in response to the Notice of Intent to Review. The individual stated that “the extravagant costs of licensing fees for out-of-state applicants needs to be lowered for anyone who has already taken and successfully passed a test in their previous state.” In the alternative, fees should be lowered for individuals who are required to test in Texas. The Department did not make any changes in response to this public comment. The Department is required to set fees in amounts reasonable and necessary to cover the costs of administering programs under its jurisdiction. The fees currently in place are commensurate with the amount required by the Department to cover costs.

§83.120

The proposal amends §83.120(d) to eliminate the requirement that each cosmetology student complete minimum practical applications of the curriculum according to the practical applications of the curriculum set out in subsection (d)(A)-(H). The current rule requiring that cosmetology students complete the same number of practical applications does not take into account the aptitude of the individual student and the amount of time it may or may not take a student to achieve mastery of a specific application. The elimination of the practical application minimum requirements will allow schools to consider the needs of each student, individually, when assigning practical applications.

William H. Kuntz, Jr., Executive Director has determined that, for the first five-year period the proposed amendments and repeal 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 proposed amendments and repeal are in effect, the public benefit will be enhanced by making current rules more accessible and understandable to the cosmetology industry as a result of repealing obsolete or unnecessary rules.

The reduction in continuing education hours may have some negative financial impact on small or micro-businesses who provide continuing education courses for cosmetologists. The Department does not monitor the fees that continuing education providers charge for hours or courses but a review of on-line courses shows an average price of $55 to $65 for a six hour course. The estimated fees could be reduced by approximately one-third if course hours and/or fees are reduced to reflect the reduction in continuing education hours. The Department does not regulate the fees that continuing education providers charge and some providers may choose to raise fees in response to the reduction in hours.

Conversely, there will be costs and time savings to approximately 187,000 licensees who will benefit from the reduction in hours, many of whom are also small business. The amount of savings to each licensee will vary depending upon the course in which the licensee chooses to enroll.

The Department has considered not reducing continuing education hours or reducing them by one hour instead of two, however the Advisory Board believes that the benefit to license holders out-weighs any possible negative impact to continuing education providers.
Comments on the proposal may be submitted by mail to Caroline Jackson, Legal Assistant Team Lead, 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 amendments are proposed under Texas Occupations Code, Chapters 51, 1602, and 1603, which authorize the Department’s governing body, the Commission, 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, 1601, 1602 and 1603. 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)- (15) (No change.)

(16) Manicurist--A manicurist may perform only those services defined in Texas Occupations Code §1602.002(10) and (11).

(17)- (19) (No Change.)

[(20) Registered Examination Proctor--An individual authorized by the department to evaluate or grade a practical examination for the department for a license issued under Texas Occupations Code, Chapter 1602.]

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

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

(22) [~~(23)~~] Specialty Instructor--An individual authorized by the department to offer instruction in an act or practice of cosmetology limited to Texas Occupations Code, §1602.002(7), (9), and/or (10). Specialty instructors may only teach the subject matter in which they are licensed.

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

(24) [~~(25)~~] 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.

(25) [~~(26)~~] 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.

§83.20. License Requirements--Individuals.

(a)-(e) (No change.)
[~~(f) To be eligible for a registered examination proctor registration, an applicant must:~~]
[~~(1) have held an active instructor license for at least two of the five years preceding the application;~~]
[~~(2) hold an active instructor license;~~]
[~~(3) obtain a certificate of completion from a department-approved training course;~~]
[~~(4) submit a completed application on a department-approved form; and~~]
[~~(5) pay the applicable fee under §83.80.~~]
(f) [~~(g)~~] A license application is valid for one year from the date it is filed with the department.

§83.21. License Requirements--Examinations.

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

(g) Examinees are required to wear [~~a smock/lab coat with sleeves and~~] closed toe shoes for the practical examination.

(h) (No change.)

§83.25. License Requirements--Continuing Education.

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

[(b) To renew an operator or instructor license that expires prior to September 1, 2008, a licensee must complete a total of 12 hours of continuing education through department approved courses, of which 4 hours must be in Sanitation required under the Act and 16 Texas Administrative Code, Chapter 83.]

[(c) To renew a manicure instructor specialty license, manicurist specialty license, facial instructor specialty license, facialist specialty license, hair weaving specialty certificate, hair braiding specialty certificate, wig specialty certificate, and shampoo/conditioning specialty certificate that expires prior to September 1, 2008, a licensee must complete a total of 8 hours of continuing education through department-approved courses, of which 4 hours must be in Sanitation required under the Act and 16 Texas Administrative Code, Chapter 83.]

[(d) If a licensee holds an instructor license, facial instructor specialty license, or manicure instructor specialty license that expires prior to September 1, 2008, then, of the total hours required under subsections (b) or (c), the licensee must complete 2 hours in Methods of Teaching in accordance with §83.120.]

(b) [~~(e)~~] To renew an operator license, manicurist specialty license, facialist specialty license, hair weaving specialty certificate, hair braiding specialty certificate, wig specialty certificate, or shampoo/conditioning specialty certificate [~~that expires on or after September 1, 2008~~], a licensee must complete a total of 4 [6] hours of continuing education through department-approved courses. The continuing education hours must include the following:

(1) 1 hour [~~2 hours~~] in Sanitation required under the Act and 16 Texas Administrative Code, Chapter 83; and

[~~(2) 2 hours in the Act and 16 Texas Administrative Code, Chapter 83, addressing topics other than Sanitation; and~~]

(2) [~~(3)~~] 3 [2] hours in any topics listed in subsection (g) [~~(j)~~].

(c) [~~(f)~~] To renew an instructor license, manicure instructor specialty license, or facial instructor specialty license [~~that expires on or after September 1, 2008,~~] a licensee must complete a total of 4 [6] hours of continuing education through department-approved courses. The continuing education hours must include the following:

(1) 1 hour [~~2 hours~~] in Sanitation required under the Act and 16 Texas Administrative Code, Chapter 83 ; and

[~~(2) 2 hours in the Act and 16 Texas Administrative Code, Chapter 83, addressing topics other than Sanitation; and~~]

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

(d) [~~(g)~~] 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.

(e) [~~(h)~~] 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.

(f) [~~(i)~~] 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.

(g) [~~(j)~~] 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 16 TAC, Chapter 83;

(2) the Act and 16 TAC, Chapter 83, addressing topics other than Sanitation;

(3) the curriculum subjects listed in 16 TAC, §83.120.

(h) [~~(k)~~] 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.

(i) [~~(l)~~] 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.

(j) [~~(m)~~] Notwithstanding subsections (b) and (c) [~~- (f)~~] a licensee may satisfy the continuing education requirement for renewal by completing two hours 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.

§83.31. Licenses--License Terms.

(a) (No change.)

(b) The following licenses have a term of one (1) year:

(1) private beauty culture school license; and

(2) public secondary or postsecondary beauty culture school certificate . [~~; and~~]
[~~(3) examination proctor registration.~~]

§83.70. Responsibilities of Individuals.

(a)-(d) (No change.)

(e) Individual licenses and booth rental (independent contractor) licenses may [~~must~~] be posted at the licensee's work station in the public view or be made available in a notebook at the salon reception desk.

(f)–(h) (No change.)

[(i) Cosmetology services may be performed on incapacitated or deceased persons provided that the appointment is made through the salon. Licensees must have their license in their possession while performing the service.]

(i) [~~(j)~~] 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 do [~~does~~] not include lingerie or see-through fabric.

§83.71. Responsibilities of Beauty Salons, Specialty Salons, Dual Shops, and Booth Rentals.

(a)-(d) (No Change.)

(e) In addition to the requirements of subsection (d):

(1) beauty salons shall provide the following equipment for each licensee present and providing services:

(A) one working station;

(B) one styling chair; and

[~~(D) one hand-held hair dryer or hood hair dryer, with or without chair~~].

(2)-(5)(No Change.)

(6) hair weaving salons shall provide the following equipment for each licensee present and providing services:

(A) one work station;

(B) one styling chair; and

[~~(D) one chair dryer/handheld dryer for each three licensees providing hair weaving services.~~].

(7)-(8) (No Change.)

(f)-((j) (No Change.)

§83.72. Responsibilities of Beauty Culture Schools.

(a)-(g) (No Change.)

(h) Schools may [~~must~~] use a time clock to track student hours and maintain a daily record of attendance or schools may use credit hours [~~with each student personally punching the time clock~~].

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

(1) Each student must personally punch the time clock [~~in/out for himself/herself~~]. No student may allow another person to clock in or out on his/her behalf [~~of that student~~].

(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 smoke 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.

(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.

(k) A school must properly account for the credit [~~clock hours~~] granted to each student. A school shall not engage in any act directly or indirectly that grants or approves student credit [~~hours~~] that is [~~are~~] 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) [~~student clock hours as demonstrated by~~] the following documents if a time clock is used;

(A) time clock record(s);

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

[~~(3) practical applications of the curriculum; and~~]

(3) [~~(4)~~] all other relevant documents that account for a student’s credit [~~accrued clock hours and practical applications~~] under this chapter.

(l)Schools using time clocks [~~At least one time per month, schools~~] 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. [Upon graduation, a school shall affirm in an electronic manner and format prescribed by the department that a student completed the practical applications, if any, prescribed by the department’s minimum standards or the school’s published standards.] 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.

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

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

(o) [~~(m)~~] 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.

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

(q) [~~(o)~~] 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.

(r) [~~(p)~~] A private cosmetology school may provide cosmetology instruction to public high school students by contracting with the Texas Education Agency and complying with Texas Education Agency law and rules. A public high school student receiving instruction at a private cosmetology school in accordance with a contract between the private cosmetology school and the Texas Education Agency is considered to be a public high school student enrolled in a public school cosmetology program for purposes of the Act and department rules.

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

(t) [~~(r)~~] Beauty culture schools must have a classroom separated from the laboratory area by walls extending to the ceiling and equipped with the following:

(1) desks and chairs or table space for a minimum of 10 students (plus one desk or chair or table space for additional students enrolled an in attendance per theory class);

(2) charts covering, bones, muscles, nerves, skin, and nails;

(3) medical dictionary;

(4) minimum visual aid requirements: television and VCR or DVD;

(5) a dispensary of not less than 50 contiguous square feet with a double sink with hot and cold running water and space for storage and dispensing of supplies and equipment;

(6) six shampoo bowls and six shampoo chairs;

(7) eight heat processors or hand-held hair dryers;

(8) one heat cap or therapeutic light;

(9) eight dozen cold wave rods;

(10) three electric irons, or marcel stoves and irons;

(11) sixteen styling stations covered with a non-porous material that can be cleaned and disinfected, with mirror, and 16 styling chairs (swivel or hydraulic);

(12) twelve mannequins with sufficient hair with table or attached to styling stations;

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

(14) one pair of professional hand clippers;

(15) three professional hand held dryers;

(16) four manicure tables and four stools;

(17) a suitable receptacle for used towels/linen;

(18) four covered trash cans in lab area;

(19) one large wet disinfectant soaking container;

(20) a clean, dry, debris-free storage area;

(21) if teaching facial courses:

(A) facial chair;

(B) magnifying lamp;

(D) dry sanitizer;

(E) steamer;

(F) brush machine for cleaning;

(G) vacuum machine that includes spray device;

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

(I) galvanic for eliminating encrustations, product penetration;

(J) paraffin bath and paraffin wax; and

(22) if providing manicure or pedicure nail services, a department-approved sterilizer.

(u) [~~(s)~~] 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.

§83.74. Responsibilities--Withdrawal, Termination, Transfer, School Closure.

(a) A student desiring to transfer from one school to another must withdraw from the first school prior to the transfer. Enrollment in two or more schools of cosmetology at the same time is prohibited.

(b) A student transferring to a school who desires to claim credit [~~hours and practical applications~~] earned must inform the school transferred to prior to enrollment of his/her prior attendance and must furnish to that school and the department a record of credit [~~hours~~] claimed [~~and practical applications completed~~]. This record may be in the form of a transcript from the prior school or an extract from records of the department.

[~~(c) A student may not graduate until all previously accrued hours, upon re-entry to that school or transferring from another school, have been reported.~~]

[~~(d) A student may withdraw from school at any time by notifying the school in writing.~~]

(c) [~~(e)~~] Upon withdrawal, and provided that the agreed tuition and fees have been tendered, a student is entitled to an official transcript of credit earned [~~hours taken and practical application performed~~] at the school withdrawn from. The transcript [~~and practical applications~~] must be ready for pickup or, if mailed, postmarked within ten calendar days of the school’s receipt of notice of withdrawal. A copy of the transcript [~~and practical applications~~] must be kept in the student's file for 48 months and the copy must be made available at the request of the department.

(d) [~~(f)~~] A student who withdraws from a cosmetology school is entitled to a refund in accordance with Texas Occupations Code, Chapter 1602.

(e) [~~(g)~~] Withdrawal or termination during the first week shall be defined by the number of hours scheduled according to the contract the student has signed with the school and not the clock hours the student has earned during class attendance. [~~If scheduled clock hours are 40 hours per week, then the week is defined to be 40 clock hours; for part time students, the amount of scheduled clock hours per week defines the week.~~]

[~~(h) Enrollment is defined as the time elapsed between the actual starting date and the date of the student’s last day of attendance.~~]

(f) [~~(i)~~] If a school closes or ceases operation before the class credit is earned [~~hours are completed,~~] the student is entitled to a tuition refund in accordance with Texas Occupations Code, Chapter 1602.

(g) [~~(j)~~] Any student of an out-of-state private or public cosmetology school may submit a request to the department to transfer the completed credit [~~hours of instruction~~] to a Texas school. A transcript must be submitted on the prescribed form and certified by the school in which the instruction was given. Portions of the curricula of the department not taught in another state must be taken in an approved Texas school prior to taking the Texas examination.

(h) [~~(k)~~] A student enrolled for a specialty course may withdraw and transfer credit [~~hours~~] acquired to the operator course not to exceed the amount of hours of that subject in the operator curriculum. Students enrolled in the operator course may withdraw and transfer up to the maximum specialty hours within the operator curriculum for that course. [~~Once a license is obtained, hours may not be transferred to another course.~~]

§83.80. Fees.

(a) Application fees.

(1)-(11) (No Change.)

[~~(12) Examination Proctor Registration--$25~~]

(12) [~~(13)~~] Beauty and specialty salons--$106

(13) [~~(14)~~] Booth Rental (Independent Contractor) License--$67

(14) [~~(15)~~] Private Beauty Culture School--$500

(15) [~~(16)~~] Dual Shop--$130

(16) [~~(17)~~] Mobile Shop--$106

(17) [~~(18)~~] Temporary Beauty Salon, Specialty Salon, or Dual Shop License--$20

(b) Renewal fees.

(1)-(11) (No Change.)

[~~(12) Examination Proctor Registration--$25~~]

(12) [~~(13)~~] Beauty and specialty salons--$69

(13) [~~(14)~~] Booth Rental (Independent Contractor) License--$67

(14) [~~(15)~~] Private Beauty Culture School--$200

(15) [~~(16)~~] Dual Shop--$100

(16) [~~(17)~~] Mobile Shop--$69

(c)-(i) (No Change.)

[~~(j) Registered Examination Proctor Department training course--$50~~]

(j) [~~(k)~~] Late renewals fees for licenses under this chapter are provided under §60.83 of this title (relating to Late Renewal Fees).

(k) [~~(l)~~] All fees are nonrefundable, except as otherwise provided by law or commission rule.

§83.120. Technical Requirements--Curriculum.

(a)-(c) (No Change.)

[~~(d) Practical Applications of the Curriculum~~]

[~~Figure: 16 TAC §83.120(d)~~]

(d) [~~(e)~~] Field Trips.

(1) Cosmetology 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 hours operator course;

(B) a maximum of 50 hours out of the 1,000 hours operator course;[.]

(D) a maximum of 30 hours for the facial course; and

(E) a maximum of 30 hours for students taking the 750 hour instructor course.

(3) Unless provided by this subsection, field trips are not allowed for specialty courses.

(4) 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.

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

(6) No hours are allowed for travel.

(7) Prior department approval is not required.

[~~(f) The changes in this section, as adopted by the commission on June 14, 2006, shall apply to students who enroll in a cosmetology school on or after September 1, 2006.~~]

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 June 20, 2011.

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

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