Barber Penalties and Sanctions

16 Texas Administration Code, Chapter 82
Texas Occupations Code, Chapter 1601
Texas Occupations Code, Chapter 1603

Class A:

1st Violation, warning letter to $500

2nd Violation, $500 to $2,000 and/or up to 6-month probated suspension

3rd Violation, $2,000 to $4,000 per day not corrected plus 1-year probated suspension up to 1-year full suspension

POSTING AND PUBLIC INFORMATION VIOLATIONS

  • Failure to display original license or certificate and attached photograph of the holder in a conspicuous place near the holder’s work chair in shop where holder is working - 1601.451
  • Failure to display a copy of the sanitation rules - 1601.452
  • Failure to display barbershop permit in a conspicuous place - 1601.501
  • Displaying a barber pole with colors not red and white - 82.71(d)
  • Failure to display a sign containing the word "Barber" on the exterior of the shop - 82.71(e)
  • Failure to post the last inspection report in public view - 82.71(k)

ADMINISTRATIVE VIOLATIONS

  • Failure to notify the Department of a name change within 30 days following the change - 82.70(d), 82.71(m), 82.76(d)
  • Failure to notify the Department of an address change within 30 days following the change - 82.70(e), 82.71(n), 82.76(e)

SANITATION VIOLATIONS

  • Clothes improper or unclean - 82.70(c)
  • Failure to keep floors, walls, ceilings, shelves, furniture, furnishings, and fixtures clean and in good repair; failure to repair or fill any cracks, holes, or other similar disrepair not readily accessible for cleaning to create a smooth, washable surface - 82.114(a)
  • Failure to have floors in areas where barber services are performed of a material which is not porous or absorbent and is easily washable; having carpet in unpermitted areas - 82.114(b)
  • Failure to keep plumbing fixtures clean and free from cracks and similar disrepair that cannot be readily accessible for cleaning - 82.114(c)
  • Preparing food or beverages on licensed premises for sale or client consumption - 82.114(f)
  • Storing chemical supplies in restroom - 82.114(e)
  • Allowed animals in establishment - 82.114(i)

Class B:

1st Violation, $100 to $1,000

2nd Violation, $1,000 to $3,000 and/or up to 6-month probated suspension

3rd Violation, $2,500 to $4,500 per day not corrected plus 1-year probated suspension up to revocation

PRACTICING WITHOUT PROPER LICENSE OR INSPECTION

  • Performing or attempting to perform any practice of barbering with an expired license - 1601.251(a),1601.402(b)
  • Owning, operating, or managing a barbershop with an expired permit - 1601.301((a)
  • Transferring a barbershop or specialty shop permit - 1601.308(a)
  • Failure of a new owner of an already licensed barbershop or specialty shop to obtain a new permit within 30 days following the transfer - 1601.308(b)
  • Practicing at specialty shop regulated under the Barbering Laws under the authority of license, permit, or certificate issued under the Cosmetology Laws- 1601.309
  • Individual license holder practicing barbering at a location that does not have a barber shop permit - 1601.453
  • Failure to have a new or relocated barber shop inspected and/or pay the inspection fee - 1603.103(a), 82.22(e), 82.29(b), 82.51(a), 82.51(b)
  • Failure to apply for a new establishment license after relocating - 82.29(b)
  • Failure to apply for a new establishment license within 30 days of change of ownership - 82.29(c)
  • Failure to have a barber shop inspected following a change of ownership - 82.29(c), 82.51(a)
  • Failure to have a barber establishment that does not pass initial inspection re-inspected and/or pay the re-inspection fee - 82.51(f)
  • Failure to have an individual booth rental permit - 82.70(f)

ADMINISTRATIVE VIOLATIONS

  • Failure of a barber establishment owner, manager, or their representative to cooperate with an inspector in the performance of the inspection - 82.50(d)
  • Failure to maintain list of all individuals currently working in a barber shop, including employees and independent contractors - 82.71(c)
  • Failure to include all required information for each individual in the list of all individuals working in shop - 82.71(c)
  • Failure to supply list of independent contractors to Department inspector upon request - 82.52(b), 82.53(c), 82.71(c)

SANITATION VIOLATIONS

  • Using a disposable supply or instrument that was not purchased at the location where the service is performed nor provided by the person on whom the service is performed - 1601.506(e)(2), 1603.352(a)(2)
  • Failure to prepare fresh disinfectant solution daily or more often as needed, for immersion of implements - 82.101(a)(3)
  • Failure to use disinfectant in accordance with the manufacturers’ recommendation or other guidance in the barber rules - 82.101(a)(4)
  • Failure to mix chlorine bleach solution daily at correct concentration - 82.101(b)(2)
  • Failure to keep chlorine bleach in a closed covered container not exposed to sunlight - 82.101(b)(3)
  • Placing or storing chlorine bleach near other chemicals or near flame - 82.101(b)(5)
  • Failure to dispose of used or soiled chlorine bleach solution each day - 82.101(b)(6)
  • Using isopropyl or ethyl alcohol at other than the required concentration - 82.101(c)(1)
  • Failure to keep alcohol in a covered container - 82.101(c)(3)
  • Failure to discard single-use equipment, implements, tools or porous items after use on a single client - 82.102(d)
  • Failure to wipe clean and disinfect electrical equipment that cannot be immersed in liquid prior to each use on a client - 82.102(e)
  • Failure to store in a clean, dry, debris-free environment, separate from soiled implements and materials, all cleaned and disinfected implements and materials when not in use - 82.102(f)
  • Failure to store non-barber related supplies in separate drawers or locations - 82.102(f)
  • Failure to have a container of liquid disinfectant located at each barber chair or station - 82.102(g)
  • Failure to disinfect shampoo bowls and manicure tables prior to use for each client - 82.102(h)
  • Failure to thoroughly clean floors in barber establishments each day - 82.102(i)
  • Failure to sweep up and deposit hair cuttings in a closed receptacle as soon as practicable - 82.102(i)
  • Failure to empty all trash containers daily or keep clean by washing or using plastic liners - 82.102(j)
  • Failure to keep all products used in the conduct of business properly labeled in compliance with OSHA requirements - 82.102(n)
  • Failure to use a clean single-use cape or a sanitized towel/neck strip; cape unclean - 82.102(o)

SANITATION VIOLATIONS–HAIR CUTTING, STYLING, TREATMENT AND SHAVING SERVICES

  • Failure to properly clean and disinfect hair cutting, styling and treatment equipment, implements, tools and materials prior to servicing each client - 82.103(b), 82.101(a), 82.102(a), 82.102(c)
  • Failure to clean required implements and spray with either an EPA-registered disinfectant, alcohol, or bleach solution after each client - 82.103(c), 82.101(a), 82.102(a), 82.102(c)
  • Failure to clean required implements at the end of each day of use by manually scrubbing with soap and water or adequate methods, and then disinfecting by complete immersion in an EPA-registered disinfectant, alcohol, or bleach solution - 82.103(d), 82.101(a), 82.102(a), 82.102(c)

SANITATION VIOLATIONS–FACIAL SERVICES

  • Failure to properly clean and disinfect facial equipment, implements, tools and materials prior to servicing each client - 82.104(b), 82.101(a), 82.102(a), 82.102(c)
  • Failure to clean facial chairs and beds, including headrest, prior to providing service to each client - 82.104(c), 82.101(a), 82.102(a), 82.102(c)
  • Failure to have facial chair made of or covered in a non-porous material - 82.104(c)
  • Failure to clean and disinfect tweezers and comedone extractors after each client - 82.104(d), 82.101(a), 82.102(a), 82.102(c)
  • Failure to discard single-use items in a trash receptacle after use - 82.104(e)
  • Failure to replace facial tools and accessories with clean items for each client - 82.104(f)
  • Failure to use items subject to possible cross contamination in a manner that does not contaminate the remaining product - 82.104(g)

SANITATION VIOLATIONS–WAXING SERVICES

  • Failure to clean the areas of the client’s body on which a waxing service is to be administered - 82.105(a)
  • Failure to dispose of after each use all wax that has been in contact with a client’s skin; reusing wax - 82.105(c)
  • Failure to clean and disinfect all wax pots or leaving applicators standing in the wax - 82.105(d), 82.101(a), 82.102(a), 82.102(c)

SANITATION VIOLATIONS—ELECTRIC DRILL BITS

  • Using electric files, drills, or machines other than those specifically designed and manufactured for use in the professional nail industry - 82.107(a)
  • Failure to clean diamond, carbide, natural and metal bits after each use with a brush or ultrasonic cleaner, or by immersing in acetone - 82.107(b), 82.101(a), 82.102(a), 82.102(c)
  • Failure to disinfect diamond, carbide, natural and metal bits by complete immersion in an appropriate disinfectant, and then sterilize, between clients - 82.107(c), 82.101(a), 82.102(a), 82.102(c)
  • Failure to clean or replace buffing bits and chamois between clients or to clean with soap and water at the end of each day - 82.107(d)

SANITATION VIOLATIONS—WIG AND HAIRPIECE SERVICES

  • Failure to properly clean and disinfect wig and hairpiece equipment, implements, tools and materials prior to servicing each client - 82.109(b), 82.101(a), 82.102(a), 82.102(c)
  • Failure to wipe implements clean with clean paper or fabric towel and spray with an EPA-registered disinfectant, alcohol, or bleach solution after each client - 82.109(c), 82.101(a), 82.102(a), 82.102(c)
  • Failure to manually scrub implements and tools with soap and water and disinfect by complete immersion in an EPA-registered disinfectant, alcohol, or bleach solution at the end of each day - 82.109(d), 82.101(a), 82.102(a), 82.102(c)
  • Failure to properly disinfect a hairpiece prior to resale - 82.109(e)
  • Failure to keep used wigs and hairpieces in a closed bag or container until ready to be cleaned - 82.109(f)
  • Failure to sanitize wig blocks and keep separate in a plastic bag in a sanitized condition - 82.109(g)
  • Failure to keep soiled wigs and hairpieces separate from finished wigs and hairpieces - 82.109(h)

SANITATION VIOLATIONS—HAIR WEAVING SERVICES

  • Failure to properly clean and disinfect hair weaving equipment, implements, tools and materials prior to servicing each client - 82.110(b), 82.101(a), 82.102(a), 82.102(c)
  • Failure to store hair extensions, tracks, needles, and thread in a bag or covered container until ready to use; storing unrelated items in the same bag or container - 82.110(c)
  • Failure to spray needles with a disinfectant before use - 82.110(d), 82.101(a), 82.102(a), 82.102(c)

FACILITY AND EQUIPMENT VIOLATIONS

  • Permitting a person to sleep in a room used as part of a barbershop - 1601.507(a)
  • Acting as a barber in a room used as sleeping quarters - 1601.507(b)
  • Food and drink not disposed of in a closed container - 82.71(f)
  • Shop not separated by a solid wall or has a separate entrance from a place where food is prepared or served - 82.71(f)
  • Failure to provide at least one restroom located on or near the premises of the establishment - 82.114(e)
  • Failure to have shop properly ventilated - 82.114(g)
  • Using a barbering establishment for living or sleeping purposes or any other purpose that would tend to make the premises unsanitary, unsafe, or endanger the health and safety of the public - 82.114(h)
  • Failure of a residential shop to maintain a separate and distinct entrance not open to living quarters - 82.114(h)
  • Door leading to living quarters not closed during business hours - 82.114(h)

Class C:

1st Violation, $500 to $3,000 and/or up to 6-month probated suspension

2nd Violation, $2,000 to $4,000 and/or 1-year probated suspension up to 1-year full suspension

3rd Violation, $3,500 to $5,000 plus 6-month full suspension up to revocation

UNLICENSED ACTIVITY

  • Performing, offering or attempting to perform an act of barbering without holding the appropriate certificate, license, or permit - 1601.251(a)
  • Owning, operating, or managing a barbershop or specialty shop without holding the appropriate permit - 1601.301(a)
  • Failure to submit an application for an appropriate permit for a shop within 3 days following its opening - 1601.301(b)
  • Performing barbering other than allowed under § 1601.002(1)(E) and (F) in a manicurist specialty shop - 1601.304(a)
  • Operating a manicurist specialty shop while not under the direction of a person who holds a manicurist license - 1601.304(a)
  • Acting as an examination proctor without a registration - 1603.257(a)
  • Allowing an unlicensed person to work in a barber shop - 82.71(a), 82.71(b)
  • Barber technician cutting hair - 82.76(b)
  • Performing a waxing service in an area other than the client’s face or neck - 82.105(a)

ADMINISTRATIVE VIOLATIONS

  • Failure to equip barbershop with the necessary equipment to allow compliance with the Barbering Laws - 1601.504
  • Failure to pay risk-based inspection fee - 1603.104(e), 82.53(a)

ADVERTISING VIOLATIONS

  • Using “barber” or similar terms in a business name without holding the appropriate certificate, license, or permit - 1601.251(b)
  • Creating an impression with the public that the person is qualified or authorized to practice barbering or own or manage a barbershop, specialty shop, or barber school when that person does not hold a license, permit, or certificate - 1601.251(c)
  • Knowingly making a false or deceptive statement in advertising - 1603.401(3)
  • Advertising, practicing, or attempting to practice under another person's name or trade name - 1603.401(4)
  • Advertising in the yellow pages under “Barber” when not a barber school, licensed barber, barbershop, or manicurist specialty shop - 82.70(a), 82.71(h)

SANITATION AND PUBLIC HEALTH VIOLATIONS

  • Knowingly permitting a person with a communicable skin disease or a venereal disease to act as a barber or employee or work in a barber or specialty shop - 1601.505(a)
  • Acting as a barber or working in a barbershop or specialty shop while knowingly having a communicable skin disease or a venereal disease - 1601.505(b), 1603.401(2)
  • Failure to disinfect and sterilize non-disposable instruments with an autoclave - 1603.352(a)(1)
  • Failure of manager or owner to provide approved autoclave - 1603.352(b)
  • Engaging in gross malpractice - 1603.401(1)
  • Failure to provide at least one sink, wash basin, or hand sanitizer for every three chairs or stations - 82.71(g)
  • Performing services on a client the licensee has reason to believe has a contagious condition such as head lice, nits, ringworm; or inflamed, infected, broken, raised or swollen skin or nail tissue; or an open wound or sore in the area to be serviced - 82.102(b)
  • Failure to provide hand washing facilities for employees which include hot and cold running water - 82.102(k)
  • Failure to use clean towels on each client - 82.102(l)
  • Failure to wash towels in hot water and chlorine bleach - 82.102(l)
  • Failure to remove soiled towels after use on each client and deposit in a suitable receptacle - 82.102(m)
  • Failure to wash hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client - 82.103(a), 82.104(a), 82.105(b), 82.106(a), 82.109(a), 82.110(a)
  • Failure to wear gloves when performing an extraction - 82.104(a)
  • Possession or use of Methyl Methacrylate Liquid Monomers (MMA); buying, selling, using, or applying liquid MMA to a person - 82.112(a)(1), 82.112(b), 82.113(c)
  • Possession or use of razor-type callus shavers designed and intended to cut growths of skin such as corns and calluses, e.g. credo blades - 82.112(a)(2), 82.112(b)
  • Possession or use of alum or other astringents in stick or lump form - 82.112(a)(3), 82.112(b)
  • Possession or use of fumigants such as formalin (formaldehyde) tablets or liquids - 82.112(a)(4), 82.112(b)
  • Possession or use of a drill or similar tool without proof of certification or training - 82.112(a)(5), 82.112(b)
  • Possession, storage, or use of any product banned or deemed to be poisonous or unsafe by the USFDA or any other governmental agency responsible for such determinations - 82.113(a), 82.113(b)
  • Failure to have suitable plumbing that provides hot and cold running water and is connected to drain sewage and potable water in work areas - 82.114(d)

SANITATION VIOLATIONS–MANICURE AND PEDICURE SERVICES

  • Failure to clean the areas of the client’s body on which a manicure or pedicure service is to be administered - 82.106(b)
  • Failure to properly clean, disinfect and sterilize all non-porous manicure and pedicure tools prior to servicing each client - 82.106(c), 82.101(a), 82.102(a), 82.102(c)
  • Failure to clean, disinfect, and sterilize manicure and pedicure implements after each use - 82.106(d), 82.101(a), 82.102(a), 82.102(c)
  • Failure to discard orangewood sticks, cotton balls, nail wipes and disposable towels after single use - 82.106(e)
  • Failure to clean and disinfect manicure and pedicure tools by manually brushing or otherwise removing all visible debris after each use, and then spraying with an EPA-registered disinfectant, alcohol, or bleach solution - 82.106(f), 82.101(a), 82.102(a), 82.102(c)
  • Failure to discard buffer blocks or porous nail files after exposure to broken skin or unhealthy skin or nails - 82.106(f)
  • Failure to replace terry cloth towels, finger bowls and spatulas that contact skin, or skin products from multi-use containers, with new or clean articles for each client - 82.106(g)

SANITATION VIOLATIONS – WHIRLPOOL FOOT SPAS

  • Failure to clean and sanitize whirlpool foot spas as required before use by each patron, specifically: (82.108(b))
    • Failure to drain all water and remove all debris from spa basin
    • Failure to clean spa basin with soap or detergent and water
    • Failure to disinfect spa basin with an EPA-registered disinfectant
    • Failure to wipe spa basin dry with clean towel
  • Failure to clean and sanitize whirlpool foot spas as required at the end of each day, specifically: (82.108(c))
    • Failure to remove screen and remove all trapped debris
    • Failure to wash screen and inlet with soap or detergent and water
    • Failure to wash screen with correct chlorine bleach solution or immerse in an EPA-registered disinfectant before replacing screen
    • Failure to flush the spa system with soap and warm water for at least ten (10) minutes and/or failure to rinse and drain afterwards
  • Failure to clean and sanitize whirlpool foot spas as required on a bi-weekly basis, specifically: (82.108(d))
    • Failure to completely fill spa basin with correct chlorine bleach solution
    • Failure to flush spa system with chlorine bleach solution or EPA-registered disinfectant for 5 to 10 minutes and/or failure to allow to sit for 6 to 10 hours afterward
    • Failure to drain and flush with water before use by a patron
  • Failure to keep a record of the date and time of each daily or bi-weekly cleaning - 82.108(e)
  • Failure to make the cleaning record available to a patron or the Department - 82.108(e)
  • Failure to remove from service a foot spa found to be in violation or for which records have not been maintained - 82.108(f)
  • Failure to clean and disinfect footspa chair prior to providing service to each client - 82.108(g)
  • Failure to have footspa chair made of or covered in a non-porous material - 82.108(g)

SANITATION VIOLATIONS— BLOOD AND BODY FLUIDS

  • Failure to apply powdered alum, styptic powder, or a cyanoacrylate to an open wound with a disposable cotton-tipped instrument - 82.111(a)
  • Failure to immediately discard cotton-tipped instrument after application of alum, styptic powder, or a cyanoacrylate to an open wound - 82.111(a)
  • Failure to use an approved disinfectant to clean blood or body fluids from a surface area - 82.111(b), 82.101(c)(2)
  • Failure to immediately clean and disinfect by approved method a non-porous instrument contacted by blood or body fluid - 82.111(c)
  • Failure to immediately double-bag and discard in a closed trash container or biohazard box a porous instrument contacted by blood or body fluid - 82.111(d)

Class D:

1st Violation, Revocation

2nd Violation, Revocation

3rd Violation, Revocation

  • Engaged in fraud or deceit in obtaining a certificate, license, or permit - 1603.401(5)
  • Failed to comply with previous order of Commission/Executive Director - 51.353(a)
  • Failed to pay a processing fee for a dishonored check - 60.82

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