Cosmetology Schools Penalties and Sanctions

Texas Occupations Code, Chapter 1602
Texas Occupations Code, Chapter 1603
16 Texas Administration Code, Chapter 83

Class A:

1st Violation: warning letter to $1,000
2nd Violation: $1,000 to $3,000 and/or up to 1-year probated suspension
3rd Violation: $3,000 to $5,000 per day not corrected plus 1-year probated suspension up to 1-year full suspension

POSTING AND PUBLIC INFORMATION VIOLATIONS

Failure of school to display album containing the permits, with picture attached, of each student in the required manner. 1602.266(a), 1602.456(a), 83.72(g)
Failure to post current school license. 1602.401
Failure of a school to post a copy of the school's curriculum in a conspicuous place in the school. 1602.451(a)(8), 83.72(d)
Failure of a private beauty culture school license holder to publish in the school's catalogue and enrollment contract a description of the refund policy required under Section. 1602.458 1602.451(a)(9)
Failure to have current law and rules book. 83.72(a)
Failure to display the most recent inspection report in public view. 83.72(s)

VIOLATIONS IN OPERATING A SCHOOL

Private beauty culture school license holder requiring a student to work, be instructed, or earn credit for more than 48 hours in a calendar week. 1602.451(b)
Failure of a private beauty culture school license holder to provide a prospective student with required information. 1602.452
Accepting the transfer of a student’s hours from a private beauty culture school license holder which has a license expired more than 30 days. 1602.455(e)
Failure of a private beauty school to record a grade of incomplete upon request for a student who withdraws but is not entitled to a refund. 1602.462(a)
Failure of a school to maintain a copy of the curriculum of each course offered. 83.23(c)(5), 83.23(d)(5)
Failure of a public beauty culture school to maintain the equipment required by the Department. 83.23(d)(2)
Failure to maintain a current syllabus and lesson plan for each course. 83.72(d)
Time clock requirements not posted. 83.72(i)
Allowing a student to prepare the monthly report of hours accrued by students. 83.72(j)
Allowing a student or student-instructor to electronically submit information to the Department. 83.72(j)
Failure to keep required documents through 48 months after student completes/terminates attendance. 83.72(k)
Failure to make required documents available for Department and/or student inspection. 83.72(k)
Failure to provide transcript to student within ten days of notice of withdrawal. 83.74(e)
Failure to keep a copy of transcript and practical applications in withdrawn student's file for 48 months. 83.74(e)

ADMINISTRATIVE VIOLATIONS

Failure of a private beauty culture school license holder to provide the department with information on course completion and job placement rates. 1602.451(a)(10)
Failure of private beauty culture school to notify the department when a student graduates from a course of training offered by the school and is eligible to take the appropriate examination. 1602.454
Failure to submit transcript of hours to the Department. 1602.455(b)
Failure of a private beauty culture school license holder to pay the costs of a peer review. 1602.465(d)
Failure to make a current syllabus and lesson plan for each course available for inspection by the Department. 83.72(d)
Failure to submit an electronic record of a student’s accrued clock hours at least once per month. 83.72(l)
Failure to have the initial submission of a student’s clock hours include all hours accrued at school. 83.72(l)
Failure to affirm electronically upon a student’s graduation that all practical applications were completed. 83.72(l)
Failure to electronically submit a student’s withdrawal or termination to the Department within 10 days. 83.72(m)
Failure to terminate a student who does not attend a cosmetology curriculum for 30 days. 83.72(m)
Failure of a public school to electronically submit a student’s accrual of 500 hours in math, lab science, and English. 83.72(n)
Failure to make withdrawn student’s file available to the Department upon request. 83.74(e)

SANITATION VIOLATIONS

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. 83.114(a)
Failure to have floors in areas where cosmetology services are performed of a material which is not porous or absorbent and is easily washable; having carpet in unpermitted areas. 83.114(b)
Failure to keep plumbing fixtures clean and free from cracks and similar disrepair that cannot be readily accessible for cleaning. 83.114(c)
Storing chemical supplies in restroom. 83.114(e)
Preparing food or beverages on licensed premises for sale or client consumption. 83.114(f)
Allowed animals in school. 83.114(i)

FACILITY AND EQUIPMENT VIOLATIONS

Failure to comply with required floor plan/inadequate square footage. 83.23(c)(1), 83.23(d)(1)
Failure of a private beauty culture school to have equipment sufficient to instruct 50 students. 83.23(c)(2)
Failure of a private beauty culture school to provide proof of ownership of building or of a 12 month lease. 83.23(c)(3)
Failure to maintain current fire and/or electrical inspection reports. 83.23(c)(4), 83.23(d)(4)
Failure of a public beauty culture school to provide proof of a 12 month lease for an off-campus facility. 83.23(d)(3)

VIOLATIONS BY STUDENTS

Allowing another person to clock in or out for the student. 83.72(i)(1)
Failure to clock out for lunch. 83.72(i)(3)
Failure to clock out when leaving the facility. 83.72(i)(4)
Student preparing monthly report. 83.72(j)
Student engaging in any act that constitutes dishonesty or misrepresentation of or relating to a student’s hours accrued. 83.73(b)
Failure of student to withdraw from one school before transferring to another. 83.74(a)
Enrollment of a student in more than one school at a time. 83.74(a)

Class B:

1st Violation: $500 to $3,000
2nd Violation: $2,500 to $4,000 and/or up to 1-year probated suspension
3rd Violation: $3,500 to $5,000 per day not corrected plus 1-year probated suspension up to revocation

VIOLATIONS IN OPERATING A SCHOOL

No instructor on duty/failure to have one instructor per 25 students. 1602.451(a)(2), 83.72(f)
Failure of a school to maintain a daily record of students' attendance. 1602.451(a)(3), 83.72(h)
Failure of a private beauty culture school to establish regular class and instruction hours and grades. 1602.451(a)(4)
Failure of a private beauty culture school to hold examinations before issuing diplomas. 1602.451(a)(7)
Failure of a private beauty culture school to pay the required interest on tuition not refunded within the required period. 1602.460(a) & (b)
Private beauty culture school charging additional tuition within a 48-month period to a student who received a grade of incomplete. 1602.462(b)
Enrolling more than three student instructors for each full-time licensed instructor. 83.72(f)
Failure to have licensed instructor physically present during all curriculum activities. 83.72(f)
Student instructor not under supervision of full-time licensed instructor. 83.72(f)
Student instructor servicing clients at the school. 83.72(f)
Time clock not in use. 83.72(h)
Allowing another person to clock in or out for the student. 83.72(i)(1)
Credit given for written times other than those resulting from clock failure. 83.72(i)(2)
Failure to properly account for hours granted to each student. 83.72(k)
Establishing school rules that conflict with Department rules. 83.72(q)
Failure to follow field trip requirements. 83.120(e)

ADMINISTRATIVE VIOLATIONS

Failure of a cosmetology establishment owner, manager, or their representative to cooperate with an inspector in the performance of the inspection. 83.50(d)

SANITATION VIOLATIONS

Failure to prepare fresh disinfectant solution daily or more often as needed, for immersion of implements. 83.101(a)(3)
Failure to use disinfectant in accordance with the manufacturers’ recommendation or other guidance in the cosmetology rules. 83.101(a)(4)
Failure to mix chlorine bleach solution daily at correct concentration. 83.101(b)(2)
Failure to keep chlorine bleach in a closed covered container not exposed to sunlight. 83.101(b)(3)
Placing or storing chlorine bleach near other chemicals or near flame. 83.101(b)(5)
Failure to dispose of used or soiled chlorine bleach solution each day. 83.101(b)(6)
Using isopropyl or ethyl alcohol at an incorrect concentration for disinfection. 83.101(c)(1)
Failure to keep alcohol in a covered container. 83.101(c)(3)
Failure to discard single-use equipment, implements, tools or porous items after use on a single client. 83.102(d)
Failure to wipe clean and disinfect electrical equipment that cannot be immersed in liquid prior to each use on a client. 83.102(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. 83.102(f)
Failure to store non-cosmetology related supplies in separate drawers or locations. 83.102(f)
Failure to disinfect shampoo bowls and manicure tables prior to use for each client. 83.102(g)
Failure to thoroughly clean floors in cosmetology establishments each day. 83.102(h)
Failure to sweep up and deposit hair cuttings in a closed receptacle after each hair cut. 83.102(h)
Failure to empty all trash containers daily or keep clean by washing or using plastic liners. 83.102(i)
Failure to keep all products used in the conduct of business properly labeled in compliance with OSHA requirements. 83.102(m)
Failure to use a clean single-use cape or a sanitized towel/neck strip; cape unclean. 83.102(n)

SANITATION VIOLATIONS–HAIR CUTTING, STYLING, AND TREATMENT SERVICES

Failure to properly clean and disinfect hair cutting, styling and treatment equipment, implements, tools and materials prior to servicing each client. 83.103(b), 83.101(a), 83.102 (a) & (c)
Failure to wipe required implements after each client with a clean paper or fabric towel and spray with either an EPA-registered disinfectant, alcohol, or bleach solution. 83.103(c), 83.101(a), 83.102 (a) & (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. 83.103(d), 83.101(a), 83.102 (a) & (c)

SANITATION VIOLATIONS–FACIAL SERVICES

Failure to properly clean and disinfect facial equipment, implements, tools and materials prior to servicing each client. 83.104(b), 83.101(a), 83.102 (a) & (c)
Failure to clean and disinfect facial chairs and beds, including headrest, prior to providing service to each client. 83.104(c), 83.101(a), 83.102 (a) & (c)
Failure to have facial chair made of or covered in a non-porous material. 83.104(c)
Failure to clean and disinfect tweezers and comedone extractors after each client. 83.104(d), 83.101(a), 83.102 (a) & (c)
Failure to discard single-use items in a trash receptacle after use. 83.104(e)
Failure to replace facial tools and accessories with clean items for each client. 83.104(f)
Failure to use items subject to possible cross contamination in a manner that does not contaminate the remaining product. 83.104(g)

SANITATION VIOLATIONS–WAXING SERVICES

Failure to clean the areas of the client’s body on which a waxing service is to be administered. 83.105(b)
Failure to dispose of after each use all wax that has been in contact with a client’s skin; reusing wax. 83.105(c)
Failure to clean and disinfect all wax pots or leaving applicators standing in the wax. 83.105(d), 83.101(a), 83.102 (a) & (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. 83.107(a)
Failure to clean diamond, carbide, natural and metal bits after each use with a brush or ultrasonic cleaner or by immersing in acetone. 83.107(b), 83.101(a), 83.102 (a) & (c)
Failure to disinfect diamond, carbide, natural and metal bits by complete immersion in an appropriate disinfectant, and then sterilize, between clients. 83.107(c), 83.101(a), 83.102 (a) & (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. 83.107(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. 83.109(b), 83.101(a), 83.102 (a) & (c)
Failure to wipe implements clean with clean paper or fabric towel and spray with an EPA-registered disinfectant, alcohol, or bleach solution. 83.109(c), 83.101(a), 83.102 (a) & (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. 83.109(d), 83.101(a), 83.102 (a) & (c)
Failure to properly disinfect a hairpiece prior to resale. 83.109(e)
Failure to keep used wigs and hairpieces in a closed bag or container until ready to be cleaned. 83.109(f)
Failure to sanitize wig blocks and keep separate in a plastic bag in a sanitized condition. 83.109(g)
Failure to keep soiled wigs and hairpieces separate from finished wigs and hairpieces. 83.109(h)

SANITATION VIOLATIONS—HAIR WEAVING AND HAIR BRAIDING SERVICES

Failure to properly clean and disinfect hair weaving and hair braiding equipment, implements, tools and materials prior to servicing each client. 83.110(b), 83.101(a), 83.102 (a) & (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. 83.110(c)
Failure to spray needles with a disinfectant before use. 83.110(d), 83.101(a), 83.102 (a) & (c)

FACILITY AND EQUIPMENT VIOLATIONS

School operating in conjunction with another facility without proper separation. 1602.404
Failure to have classroom separated from laboratory area by walls. 83.72(r)
Failure of beauty culture school to have required classroom or school equipment. 83.72(r)
Failure of beauty culture school to have required equipment for facialist courses. 83.72(r)(21)
Failure to provide at least one restroom located on or near the premises of the establishment. 83.114(e)
Failure to have school properly ventilated. 83.114(g)
Using a cosmetology 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. 83.114(h)
Failure of a school attached to a residence to maintain a separate and distinct entrance not open to living quarters. 83.114(h)
Door leading to living quarters not closed during business hours. 83.114(h)

Class C:

1st Violation: $2,000 to $4,000 and/or up to 6-month probated suspension
2nd Violation: $3,000 to $4,500 and/or 1-year probated suspension up to 1-year full suspension
3rd Violation: $4,000 to $5,000 plus 6-month full suspension up to revocation

PRACTICING WITHOUT PROPER LICENSE OR INSPECTION

Failure to have a new or relocated school inspected and/or pay the inspection fee. 1603.103(a), 83.23(b), 83.29(b), 83.51(a), 83.51(b)
Instructing cosmetology or a related specialty course with an expired instructor license. 1602.251(b), 1602.351
Operating a beauty culture school, or other place of business in which cosmetology is taught or practiced with an expired business license. 1602.301(a), 1602.351
Operating a vocational cosmetology program in a public school with an expired license. 1602.301(b), 1602.351
Private beauty culture school employing a person holding an operator or manicurist license or special certificate to perform solely the practices of cosmetology for which they are licensed. 1602.403(a)
Private beauty culture school employing a person holding an instructor license to perform any acts or practices of cosmetology. 1602.403(b)
Failure to apply for a new establishment license after relocating. 83.29(b)
Failure to apply for a new establishment license within 30 days of change of ownership. 83.29(c)
Failure to have a school inspected following a change of ownership. 83.29(c), 83.51(a)
Failure to have a beauty school that does not pass initial inspection re-inspected and/or pay the re-inspection fee. 83.51(f)

VIOLATIONS IN OPERATING A SCHOOL

Failure to verify that the school’s curriculum is being followed. 1602.451(a)(8)
Manipulating course lengths without Department approval. 1602.453(d)
Receiving compensation for work done by student who has not completed more than 10% hours. 1602.456(b)
Failure of a private beauty culture school to allow a student to re-enter after withdrawing or terminating voluntarily after 50% of the course is completed within 48 months after withdrawal or termination. 1602.461
Transferring more than the approved amount of hours between courses. 83.74(k)
Failure of a curriculum to include all required hours. 83.120(a), (b) & (c)
Failure of a curriculum to include all required applications. 83.120(d)

REFUND VIOLATIONS

Failure of a private beauty culture school to maintain cancellation policy that provides a full refund of all money paid by a student if the student meet cancellation requirements, or entered into the enrollment agreement or contract because of misrepresentation made in the advertising or promotional materials of the school or by an owner or representative of the school. 1602.457
Failure of a private beauty culture school to maintain refund policy for the refund of the unused part of tuition, fees, and other charges paid by the student. 1602.458(a)
Failure of a private beauty culture school’s refund policy to provide that refund is based on the period of the student’s enrollment, the effect date of the termination for refund purposes, and when it is applicable for the school to retain more than $100. 1602.458(b)
Failure of a private beauty culture school to refund correct percentage. 1602.459(b)
Failure of a private beauty culture school to pay refund within 30 days to a student who has withdrawn or been terminated from the course before the course has completed 50%. 1602.459(c)

ADMINISTRATIVE VIOLATIONS

Failure to submit course length and curriculum content to the Department for approval. 1602.453(b), 1603.351
Failure to pay risk-based inspection fee. 1603.104(e), 83.53(a)

Class D:

1st Violation: $2,500 to $4,500 and/or up to 1-year probated suspension
2nd Violation: $3,500 to $5,000 and/or 1-year probated suspension up to 2-year full suspension
3rd Violation: $5,000 plus 1-year full suspension up to revocation

UNLICENSED ACTIVITY

Instructing cosmetology or a related specialty course without first obtaining the appropriate instructor license. 1602.251(b)
Instructing cosmetology while not in a private beauty culture school or a vocational cosmetology program in a public school. 1602.251(b)
Failure to have student permit. 1602.266(a)
Operating a beauty culture school, or other place of business in which cosmetology is taught or practiced without obtaining the appropriate business license. 1602.301(a)
Operating a vocational cosmetology program in a public school without holding a license. 1602.301(b)
Specialty instructor teaching subject matter for which he/she is not licensed. 83.10(19)

ADVERTISING VIOLATIONS

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)

SANITATION AND PUBLIC HEALTH VIOLATIONS

Engaging in gross malpractice. 1603.401(1)
Instructing in a cosmetology school while knowingly suffering with an infection or animal parasites or an infectious or communicable disease for which the person is not entitled to protection under the federal Americans with Disabilities Act of 1990 (ADA). 1602.406(a), 1603.401(2),
Knowingly employed an infectious/contagious person who is not entitled to protection under ADA. 1602.406(b)
Failure to clean, disinfect, and sterilize metal instruments with an autoclave, or a dry heat, ultraviolet, or other Department-approved sterilizer. 1603.352(a)
Failure of manager or owner to provide approved autoclave or a dry heat, ultraviolet, or other department-approved sterilizer. 1602.408(b), 1603.352(b), 83.72(r)(22)
Failure to store sterilized instruments according to manufacturer’s instructions. 1603.352(c)
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. 83.102(b)
Failure to provide hand washing facilities for employees which include hot and cold running water. 83.102(j)
Failure to use clean towels on each client. 83.102(k)
Failure to wash towels in hot water and chlorine bleach. 83.102(k)
Failure to remove soiled towels after use on each client and deposit in a suitable receptacle. 83.102(l)
Failure to wash hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client. 83.103(a), 83.104(a), 83.105(a), 83.106(a), 83.109(a), 83.110(a)
Failure to wear gloves when performing an extraction. 83.104(a)
Possession or use of Methyl Methacrylate Liquid Monomers (MMA); buying, selling, using, or applying liquid MMA to a person. 83.112(a)(1) & (b), 83.113(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. 83.112(a)(2) & (b)
Possession or use of alum or other astringents in stick or lump form; 83.112(a)(3) & (b)
Possession or use of fumigants such as formalin (formaldehyde) tablets or liquids. 83.112(a)(4) & (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. 83.113(a), 83.113(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. 83.114(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. 83.106(b)
Failure to properly clean, disinfect and sterilize all non-porous manicure and pedicure tools prior to servicing each client. 83.106(c), 83.101(a), 83.102 (a) & (c)
Failure to clean, disinfect, and sterilize manicure and pedicure implements after each use. 83.106(d), 83.101(a), 83.102 (a) & (c)
Failure to discard orangewood sticks, cotton balls, nail wipes and disposable towels after single use. 83.106(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. 83.106(f), 83.101(a), 83.102 (a) & (c)
Failure to discard buffer blocks or porous nail files after exposure to broken skin or unhealthy skin or nails. 83.106(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. 83.106(g)

SANITATION VIOLATIONS – WHIRLPOOL FOOT SPAS

Failure to clean and sanitize whirlpool foot spas as required before use by each patron, specifically:

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. 83.108(b)

Failure to clean and sanitize whirlpool foot spas as required at the end of each day, specifically:

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. 83.108(c)

Failure to clean and sanitize whirlpool foot spas as required on a bi-weekly basis, specifically:

Failure to completely fill spa basin with correct chlorine bleach solution
Failure to flush spa system with chlorine bleach solution or an 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. 83.108(d)

Failure to keep a record of the date and time of each daily or bi-weekly cleaning. 83.108(e)
Failure to make the cleaning record available to a patron or the Department. 83.108(e)
Failure to remove from service a foot spa found to be in violation or for which records have not been maintained. 83.108(f)
Failure to clean and disinfect footspa chair prior to providing service to each client. 83.108(g)
Failure to have footspa chair made of or covered in a non-porous material. 83.108(g)

SANITATION VIOLATIONS— BLOOD AND BODY FLUIDS

Failure to apply powdered alum, styptic powder, or a cyanoacrylate to open wound with a disposable cotton-tipped instrument. 83.111(a)
Failure to immediately discard cotton-tipped instrument after application of alum, styptic powder, or a cyanoacrylate to an open wound. 83.111(a)
Failure to use an approved disinfectant to clean blood or body fluids from a surface area. 83.111(b), 83.101(c)(2)
Failure to immediately clean and disinfect by approved method a non-porous instrument contacted by blood or body fluid. 83.111(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. 83.111(d)

Class E:

1st Violation: Revocation
2nd Violation: Revocation
3rd Violation: Revocation

Failure of a private beauty culture school license holder to require a school term of not less than nine months and not less than 1,500 hours instruction for a complete course in cosmetology. 1602.451(a)(5)
Failure of a private beauty culture school license holder to require a school term of not less than 600 hours instruction for a complete course in manicuring. 1602.451(a)(6)
Engaged in fraud or deceit in obtaining a certificate, license, or permit. 1603.401(5)
Granted credit for hours accrued while not under the supervision of a licensed instructor. 83.72(f)
Directly or indirectly granting or approving student hours not correctly accrued. 83.72(k)
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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