Justification for Administrative Rule Adoption

JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
Cosmetologists
16 TAC Chapter 83, amendments §§83.10, 83.22 - 83.25, 83.29, 83.31, 83.40, 83.50 - 83.52, 83.54, 83.70 - 83.73, 83.78, 83.80, 83.102 and 83.105; and repeal §83.53

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 83, §§83.10, 83.22 - 83.25, 83.29, 83.31, 83.40, 83.50 - 83.52, 83.54, 83.70 - 83.73, 83.78, 83.80, 83.102 and 83.105; and the repeal of current §83.53, regarding the Cosmetologists program, without changes to the proposed text as published in the October 6, 2017, issue of the Texas Register (42 TexReg 5319). The rules will not be republished.

The Texas Legislature enacted Senate Bill 1503, Senate Bill 2065, House Bill 2552, House Bill 2738, House Bill 2739, 85th Legislature, Regular Session (2017). The adopted amendments and repeal include removing the requirement for a shampoo apprentice permit or shampoo specialty certificate; eliminating risk-based inspections; clarifying the definition of cosmetology to exclude threading; authorizing licensed schools to account for hours on the basis of clock or credit; allowing standards to be established for equivalency and conversion of clock to credit hours and vice versa; requiring continuing education hours to include information on human trafficking; removing square footage, chair, and sink requirements for cosmetology schools; and distinguishing between larger and specialty school requirements. The adopted amendments and repeal are necessary to implement the legislative changes.

The adopted amendments to §83.10 correct references, remove outdated language, and add “specialty shop” to be consistent with statutory language.

The adopted amendments to §83.22 removes redundant language for clarity.

The adopted amendments to §83.23 removes specific requirements for beauty culture schools.

The adopted amendments to §83.24 removes language regarding inactive license status to reflect current practice.

The adopted amendments to §83.25 corrects a reference and adds human trafficking to continuing education requirements.

The adopted amendments to §83.29 clarifies the current requirements for establishment relocation and change of ownership.

The adopted amendments to §83.31 removes shampoo specialty certificates.

The adopted amendments to §83.40 reduces the maximum amount per claim per student to assist more students in the event of a school closure.

The adopted amendments to §83.50 removes a reference to risk-based inspections.

The adopted amendments to §83.51 updates language to be consistent with statutory language.

The adopted amendments to §83.52 removes risk-based inspections from periodic inspections.

The adopted repeal of §83.53 removes risk-based inspections and classifications.

The adopted amendments to §83.54 allows individuals a full 10 days to complete the necessary modification after an inspection.

The adopted amendments to §83.70 updates language to be consistent throughout chapter. 

The adopted amendments to §83.71 removes shampoo permit requirements, adds facility license posting requirements, and updates language for consistency.

The adopted amendments to §83.72 requires human trafficking information to be posted, removes outdated language, and establishes equivalency and conversion standards between credit and clock hours.

The adopted amendments to §83.73 removes the shampoo apprentice permits and shampoo specialty certificates.

The adopted amendments to §83.78 updates language for clarity.

The adopted amendments to §83.80 removes fees relating to shampoo certificates and risk-based inspections and renumbers the section accordingly.

The adopted amendments to §83.102 streamlines language for clarity and quick reference.

The adopted amendments to §83.105 removes threading language for clarity.

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the October 6, 2017, issue of the Texas Register (42 TexReg 5319). The deadline for public comments was November 6, 2017. The Department received comments from 16 interested parties during the 30-day public comment period. The public comments received are summarized below.

Comment--One commenter raised several issues with the Cosmetology Program. First, the commenter would like to see an optional “refresher course” offered for licensed cosmetologists and those on inactive status. The commenter would like the board to issue a professional designation to all Texas cosmetologists who are licensed. The commenter states that a cosmetology operator should be allowed to instruct others using DVDs, tapes, or other mechanical means. The commenter believes that the fee for cosmetologists over the age of 60 should be lowered. Finally, the commenter states that cosmetologists should be given blanket authority to practice their profession wherever the need arises and/or exists.

Department Response--These comments do not address any current proposed rule change. The purpose of the proposed rules is to implement changes as a result of legislation passed during the 85th Texas Legislative Session. Cosmetologists are required to complete at least four hours of continuing education. Three of the hours must cover any topic under §83.120 (Technical Requirements--Curriculum). To be a Department-approved education provider, a course must be dedicated to instruction in one or more of the topics: (1) Sanitation required under the Act and this chapter; (2) the Act and this chapter, addressing topics other than Sanitation; (3) the curriculum subjects listed in §83.120. At this time, education course providers have the ability to create “refresher courses” as the commenter suggests. A person may not perform or attempt to perform a practice of cosmetology unless the person holds a license or certification to perform that practice. There is no current prohibition on a licensed cosmetologist stating or designating that they are a “licensed cosmetologist.” Section 1602.251 of Chapter 1602, Texas Occupations Code states that only licensed cosmetology instructors are allowed to instruct. Additionally, portions of cosmetology instruction can already be done through different types of mediums, including DVDs and tapes. Texas Occupations Code, Chapter 51, requires the Texas Commission of Licensing and Regulation to set fees in amounts reasonable and necessary to cover the costs of administering the program. Finally, where a licensed cosmetologist is able to provide services is established in law by Texas Occupations Code Chapter 1602, Section 1602.251(c) and would require a statutory change. The Department did not make any changes to the rules in response to these comments.

Comment--Two commenters would like to see the period for renewing an expired license extended from three years to five or eight years. The commenters would like to make the process of reapplying more convenient and states that it is too difficult to take the exam, both written and practical, again for licensing.

Department Response--This comment does not address any current proposed rule change. The law states that a person who has a license that has been expired for more than three years may not renew the license. Texas Occupations Code, Chapter 51, Section 51.401 requires a person whose license that has been expired for more than three years must obtain a new license and the requirements and procedures, including the examination requirements, for which obtaining an original license must be complied. The Department did not make any changes to the proposed rules in response to these comments.

Comment--The commenter believes that the clock to credit, credit to clock, hour conversion chosen was not designed to be used to measure learning and that the calculation may violate other parts of the rules.  The commenter is concerned that the number chosen represents an outdated method that is no longer fully supported by its creators.

Department Response--The purpose of the proposed rule changes is to implement changes as a result of legislation passed during the 85th Texas Legislative Session.  During the 85th Texas Legislative Session, the legislature passed Senate Bill 2065 and House Bill 2738 instructing the commission to establish standards for determining the equivalency and conversion of clock hours to credit hours and credit hours to clock and authorizing a school to account for any hours of instruction completed under Chapters 1601 or 1602 based on clock or credit. The Department established a clock to credit and credit to clock conversion formula with the help and advice of the Cosmetology Advisory Board Education Workgroup. Furthermore, the formula of 37.5 clock hours to 1 credit ensure schools comply with the federal student aid requirements. The Department did not make any changes to the rules in response to this comment.

Comment--Seven commenters do not agree with human trafficking information being included in their continuing education requirements.

Department Response--The purpose of the proposed rule changes is to implement changes as a result of legislation passed during the 85th Texas Legislative Session. House Bill 2552 requires the commission to adopt rules to require all cosmetology continuing education programs to include information on human trafficking. The proposed rule change implements the statutory requirements. The Department did not make any changes to the proposed rules in response to this comment.

Comment--One commenter raised concerns about the safety of their work place.

Department Response--This comment does not address any current proposed rule. The comment has been referred to the appropriate division for review. The Department did not make any changes to the proposed rules in response to this comment.

Comment--One commenter raised several issues with the proposed rules. First, the commenter believes that the reference for §83.10(21) is incorrect. The commenter believes that the wording of §83.25(l) is confusing because it is drafted as two separate lines. Finally, the commenter raises concerns with the inspections process.

Department Response--The purpose of the proposed rules is to implement changes as a result of legislation passed during the 85th Texas Legislative Session. Senate Bill 1503 removed shampooing and conditioning from the definition of cosmetology and renumbered the section accordingly. The rule change reflects the statutory change and corrects the reference. The comments on the wording of §83.25 and concerning inspections were not about a currently proposed rule change and have been referred to the appropriate divisions for review. The Department did not make any changes to the rules in response to this comment.

Comment--One commenter would like to know how to pay for their renewal.

Department Response--This comment does not address any current proposed rule change. However, it has been referred to the appropriate division for review and response. The Department did not make any changes to the rules in response to this comment.

Comment--One commenter raises concern with salons employing unlicensed individuals using borrowed or rented licenses.

Department Response--This comment does not address any current proposed rule change. However, it has been referred to the appropriate division for review. The Department did not make any changes to the rules in response to this comment.

Comment--One commenter was unable to view the rule proposal because the link did not work.

Department Response--This comment does not address any current proposed rule change. The link to the proposed rules was resent to the commenter. The Department did not make any changes to the rules in response to this comment.

The Advisory Board on Cosmetology met on November 13, 2017, but lacked a quorum to recommend adopting the proposed rules. However, the Board members present agreed with the Department to send the rules to the Commission. At its meeting on December 15, 2017, the Commission adopted the proposed rules without changes.

The amendments are adopted under Texas Occupations Code, Chapter 51, 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 adoption are those set forth in Texas Occupations Code, Chapters 51, 1602, and 1603. No other statutes, articles, or codes are affected by the adoption.

§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) Act--Texas Occupations Code, Chapters 1602 and 1603.

(2) Beauty Culture School--A cosmetology school, public or private that is subject to regulation under the Act.

(3) Board--The Advisory Board on Cosmetology.

(4) Booth rental license--A license issued or renewed to an applicant the same time the applicant is issued one of the following license types: operator, manicurist, esthetician, esthetician/manicurist, eyelash extension specialist, hair weaver, wig specialist, instructor, or specialty instructor, which allows the holder to lease space on the premises of a beauty shop, specialty shop, mini-salon, dual shop, or mini-dual shop to engage in the practice of cosmetology as an independent contractor.

(5) Department--The Texas Department of Licensing and Regulation.

(6) Commission--The Texas Commission of Licensing and Regulation.

(7) Common Area--An area within a cosmetology establishment which contains equipment and facilities available for use by all persons who practice cosmetology on the premises under a license, certificate or permit issued under this chapter or Texas Occupations Code, Chapter 1603.

(8) Cosmetology establishment--A beauty salon, specialty salon, mini-salon, dual shop, mini-dual shop, mobile shop, or beauty culture school, public or private, that is subject to regulation under the Act.

(9) Distance Education--A formal instructional process in which the student and teacher are separated by physical distance and a variety of communication technologies are used to deliver instruction in theory to the student. Courses taught by distance education do not satisfy the requirements of the practical portion of the course curriculum.

(10) Dual Shop--A shop owned, operated, or managed by a person holding a dual barber and beauty shop license issued under Texas Occupations Code, Chapter 1603.

(11) 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.

(12) 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)(10).

(13) Esthetician--A person who holds a specialty license and who is authorized to practice the services defined in Texas Occupations Code §1602.002(a)(4) - (7), and (10).  The term esthetician in this chapter includes the term facialist.

(14) Esthetician/Manicurist--An esthetician/manicurist may perform only those services defined in Texas Occupations Code §1602.002(a)(4)-(9).

(15) Guest Presenter--A person who possesses subject matter knowledge in specific curriculum topics and who has the teaching ability necessary to impart the information to cosmetology students. Instruction is limited to the presenter's area of expertise and a licensed instructor must be present during the classroom session in order for students to earn hours.

(16) Hair weaver--A person who holds a hair weaving specialty certificate and who may perform only the practice of cosmetology defined in Texas Occupations Code §1602.002(a)(11).

(17) 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.

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

(19) License--A department-issued permit, certificate, approval, registration, or other similar permission required under Texas Occupations Code, Chapter 1601, 1602, or 1603.

(20) 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.

(21) Manicurist--A manicurist may perform only those services defined in Texas Occupations Code §1602.002(a)(8) and (9).

(22) Mini-Salon--A cosmetology establishment in which a person practices cosmetology under a license, certificate or permit issued under this chapter and which consists of a room or suite of rooms that is one of a number of connected establishments in a single premises that open onto a common hallway or common area.

(23) Mini-Dual Shop--A shop owned, operated, or managed by a person meeting the requirements of both a mini-barbershop and mini-beauty shop license under Texas Occupations Code §1603.207.

(24) Mini-Salon Licensee--A person or entity that holds a license for a mini-salon or mini-dual shop. The mini-salon licensee shall be responsible for rules under Texas Occupations Code, Chapters 1601, 1602, and 1603, and 16 TAC Chapters 82 and 83 for the mini-salon or mini-dual shop.

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

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

(27) 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.

(28) 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.

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

(30) Safety Razor--A razor that is fitted with a guard close to the cutting edge of the razor that is intended to prevent the razor from cutting too deeply and reduces the risk and incidence of accidental cuts.

(31) Special Event--Includes weddings, quinceaneras, pageants, proms, debutante balls, birthday parties, religious and cultural ceremonies, and on-stage performances.

(32) 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)(5), (7), (8), and (10).

(33) Specialty Salon or Specialty Shop--A cosmetology establishment in which only the practice of cosmetology as defined in Texas Occupations Code, §1602.002(a)(2), (5), (7), (8), or (10) is performed.  Specialty salons may only perform the act or practice of cosmetology in which the salon is licensed.

(34) Student Permit--A permit issued by the department to a student enrolled in cosmetology school which states the student’s name and the name of the school.

(35) 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, or other material.

 (36) 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.

(37) 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.

(38) Wig Specialist--A person who holds a wig specialty certificate and who may perform only the practice of cosmetology defined in Texas Occupations Code §1602.002(a)(2).

§83.22. License Requirements--Beauty Salons, Specialty Salons, Mini-Salons, Dual Shops, Mini-Dual Shops, Mobile Shops, and Booth Rentals (Independent Contractors). 

(a) To be eligible for a beauty salon, specialty salon, dual shop, mobile shop, mini-salon, mini-dual shop, or booth rental license, an applicant must:

(1) obtain the current law and rules book;

(2) comply with the requirements of the Act and this chapter;

(3) submit a completed application on a department-approved form; and

(4) pay the fee required under §83.80.

(b) In addition to the requirements of subsection (a), an applicant for a dual shop or mini-dual shop must also comply with Texas Occupations Code, Chapters 1601, 1602, and 1603 and 16 TAC Chapters 82 and 83 for obtaining a beauty salon license and a barbershop permit.

(c) In addition to the requirements of subsection (a), a mobile shop license applicant must:

(1) provide a permanent physical address from which the mobile unit is dispatched and to which the mobile unit is returned when not in use;

(2) provide a permanent mailing address where correspondence from the department may be received; and

(3) verify that the mobile shop complies with the requirements of the Act and this chapter.

§83.23. License Requirements--Beauty Culture Schools. 

(a) To be eligible for a beauty culture school license, an applicant must:

 (1) obtain the current law and rules book;

(2) comply with the requirements of the Act and this chapter;

(3) submit a completed application on a department-approved form; and

(4) one of the following:

(A) for a private beauty culture school, pay the applicable license and inspection fees required under §83.80 and any required fee under §83.40; or

(B) for a public beauty culture school, pay the applicable inspection fee required under §83.80; and

(5) for a private beauty culture school, provide a current financial statement prepared by a certified public accountant. If the financial statement is more than 180 days old, an applicant must also provide a supplemental financial statement within 180 days of the application.

(b) A beauty culture school must be inspected and approved by the department prior to the operation of the school.

(c) Private beauty culture schools offering instruction for persons seeking a license or certificate must have and maintain the following:

(1) a building of permanent construction that must include two separate areas, one area for instruction in theory and one area for clinic work, and that must also include access to permanent restrooms and adequate drinking fountain facilities;

(2) adequate space, equipment, and instructional materials to provide quality classroom training to the number of students enrolled;

(3) proof of ownership of building or proof of a lease for the first 12 months of operation; and

(4) a copy of the curriculum approved by the department for each course offered. 

(d) Public beauty culture schools must have and maintain the following:

(1) Adequate space to provide quality classroom training for the number of students enrolled including an office, dispensary, classroom and laboratory space;

(2) adequate equipment and instructional materials required by the department; and

(3) a copy of the curriculum approved by the department for each course offered.

(e) A beauty culture schools offering instruction for persons seeking a license or certificate must comply with all health and safety standards established by this chapter.

§83.24. Inactive Status.

(a) To change a license to inactive status, an applicant must submit a completed application on a department-approved form.

(b) A person whose license is on inactive status may not practice cosmetology authorized by that license.

(c) A license on inactive status must be renewed in accordance with §83.26; however, continuing education is not required for renewal of a license on inactive status.

(d) To change from an inactive license to an active license, an applicant must:

(1) submit a completed application on a department-approved form;

(2) pay the fee required under §83.80; and

(3) complete the continuing education that is required for the renewal of an active license during the preceding license period. Continuing education hours used to satisfy the requirement for changing from an inactive license status to an active license status may not also be utilized for a future renewal of an active license.

§83.25. License Requirements--Continuing Education.

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

(b) To renew an operator license, or an esthetician, manicurist, esthetician/manicurist or eyelash extension specialty license, or a hair weaving, or wig specialty certificate, a licensee must complete a total of 4 hours of continuing education through department-approved courses. The continuing education hours must include the following:

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

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

(c) Continuing education hours required under Section 83.25(b)(2) must include information on human trafficking as required by Texas Occupations Code Chapter 1602, §1602.354(c) and at a minimum must include information on:

(1) activities commonly associated with human trafficking;

(2) recognition of potential victims of human trafficking; and

(3) methods for assisting victims of human trafficking, including how to report human trafficking.

(d) To renew an instructor license, or an esthetician instructor, manicure instructor, esthetician/manicure instructor or eyelash extension instructor specialty license, a licensee must complete a total of 4 hours of continuing education through department-approved courses. The continuing education hours must include the following:

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

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

(e) Continuing education hours required under §83.25(c)(2) must include information on human trafficking as required by Texas Occupations Code Chapter 1602, §1602.354(c) and at a minimum must include information on:

(1) activities commonly associated with human trafficking;

(2) recognition of potential victims of human trafficking; and

(3) methods for assisting victims of human trafficking, including how to report human trafficking.

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

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

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

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

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

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

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

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

(3) the curriculum subjects listed in §83.120.

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

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

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

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

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

§83.29. Establishment Relocation, Change of Ownership, Owner Death or Incompetency. 

(a) Under the Act, a license is not transferable.

(b) If an establishment relocates, the licensee must apply for a new establishment license and verify that the new establishment meets the requirements of the Act and this chapter. Additionally, a relocated beauty culture school must be inspected prior to operation under the Act. The requirements of this subsection do not apply to mobile shops.

(c) If an establishment changes ownership, the new owner must apply for a new establishment license within 30 days after the change of ownership.  Additionally, a beauty culture school must be inspected but may continue to operate pending the department’s inspection. A change of ownership includes the following:

(1) For a sole proprietorship, the licensee no longer owns the establishment.

(2) For a partnership or limited partnership, the partnership is dissolved.

(3) For a corporation or limited liability company, if sold to another person or entity. A change of ownership does not include corporate officer or stockholder restructuring.

(4) Legal incompetence or death.

§83.31. Licenses--License Terms. 

(a) The following licenses have a term of two (2) years:

(1) operator license;

(2) specialty license--esthetician, manicurist, esthetician/manicurist, eyelash extension;

(3) specialty certificate--hair weaving, wig;

(4) instructor license;

(5) instructor specialty license--esthetician, manicurist, esthetician/manicure, eyelash extension;

(6) booth rental (independent contractor) license;

(7) beauty and specialty salon license;

(8) dual shop license;

(9) mini-salon license;

(10) mini-dual shop permit; and

(11) mobile shop license.

(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 license.

(c) A student permit issued under this chapter does not expire.

§83.40. Private Beauty Culture School Tuition Protection Account. 

(a) Pursuant to §1602.463 of the Act, the Private Beauty Culture School Tuition Protection Account is created to:

(1) refund tuition and fees to a student if a private beauty culture school closes and the school fails to pay the refund as required by the Act; and

(2) pay the tuition costs and expenses incurred by a private beauty culture school in providing training directly related to educating a student from a closed school.

(b) In each year in which the balance of the Private Beauty Culture School Tuition Protection Account is less than $200,000 the department will determine a fee that shall be paid by all private beauty culture schools to the account.

(c) The necessity for assessing the fee will be determined by the department when it conducts its annual account balance review prior to December 31st. The fee that is assessed by the department shall be in effect for a period of 12 months.

(d) The fee shall be paid by each private beauty culture school, upon annual renewal of the license during the 12-month period and shall be paid in addition to the renewal fee. The renewal notice sent by the department will reflect the fee due to the account.

(e) In addition to any other fees, all new schools applying for a private beauty culture school license shall pay the prescribed fee to the account as determined under subsection (b) before a license will be issued.

(f) In the event a student from a closed school cannot be placed or does not accept a place in another school, a refund, calculated under the closed school’s refund policy, may be paid from the Private Beauty Culture School Tuition Protection Account and the total payment of a claim may not exceed $10,000. The total amount of claims paid against a single closed school may not exceed $100,000.

(g) The executive director may authorize payment to a student from the Private Beauty Culture School Tuition Protection Account if:

(1) the student makes a claim for payment on a form approved by the executive director;

(2) a closed private beauty culture school has failed to pay a refund to the student within 30 days after the date the student became eligible for the refund, and the student has not been placed or accepted a place in another school with appropriate credit given to the student for tuition and fees paid to the closed school;

(3) the executive director determines after investigation that the student is owed the refund; and

(4) the student assigns to the department all rights of the student against the closed school to the extent of the amount paid to the student from the account.

(h) The executive director may authorize payment to a private beauty culture school from the Private Beauty Culture School Tuition Protection Account if:

(1) the school makes a claim for payment on a form approved by the executive director;

(2) the school has incurred expenses in providing training directly related to educating a student from a closed private beauty culture school, including the applicable tuition for the period for which the student paid tuition;

(3) the executive director determines after investigation that the school is entitled to payment from the account; and

(4) the school assigns to the department all rights of the school against the closed school to the extent of the amount paid from the account.

(i) The department shall pay claims on a pro rata basis from appropriated money available in the account if:

(1) the account contains insufficient assets to pay all claims;

(2) insufficient money has been appropriated to the department from the account to pay all claims; or

(3) the total amount of claims against a single closed school exceeds the amount specified in Subsection (f).

(j) The department shall notify a closed private beauty culture school of any claim made against the closed school under this section. Before the executive director may authorize any payment from the account, the school shall have 20 days from the date of notice of the claim to dispute the claim and present evidence to the executive director in opposition to the claim.

(k) If payment is made from the Private Beauty Culture School Tuition Protection Account on a claim against a closed private beauty culture school:

(1) the school shall reimburse the account immediately or agree in writing to reimburse the account, on a schedule to be determined by the executive director;

(2) the school shall immediately pay the student any additional amount due to the student under the Act or agree in writing to pay the student on a schedule to be determined by the executive director;

(3) payments made by a school to the account under this subsection include interest accruing at the rate of eight percent a year beginning on the date the executive director pays the claim;

(4) the department shall be subrogated to all rights of the claimant against the school to the extent of the amount paid to the claimant; and

(5) the department may assess administrative penalties or sanctions against the school and may deny an application for a license, certificate, or permit or an application for renewal of a license, certificate, or permit filed by the holder of the private beauty culture school license.

§83.50. Inspections--General. 

(a) Cosmetology establishments shall be inspected periodically or as a result of a complaint.  These inspections will be performed to determine compliance with the requirements of the Act and this chapter, particularly those requirements relating to public safety, licensing, and sanitation. In addition, the department will make information available to cosmetology establishment owners and managers on best practices for risk-reduction techniques.

(b) Inspections shall be performed during the normal operating hours of the cosmetology establishments. Except for initial inspections of beauty culture schools, the department may conduct inspections under the Act and this chapter without advance notice.

(c) The department inspector will contact the cosmetology establishment owner, manager, or their representative upon arrival at the cosmetology establishment, and before proceeding with the inspection.

(d) The cosmetology establishment owner, manager, or their representative shall cooperate with the inspector in the performance of the inspection.

§83.51. Initial Inspections--Inspection of Beauty Culture Schools Before Operation. 

(a) Any new or relocated beauty culture school must be inspected and approved by the department before it may operate. Additionally, a beauty culture school that has changed ownership must be inspected and approved by the department but may continue to operate prior to inspection.

(b) The beauty culture school owner shall request an initial inspection from the department and pay the fee required by §83.80.

(c) Upon receipt of the owner's request and the fee, the department shall schedule the initial inspection date and notify the owner.

(d) Upon completion of the initial inspection, the owner shall be advised in writing of the results. The inspection report will indicate whether the beauty culture school meets or does not meet the minimum requirements of the Act and this chapter.

(e) For beauty culture schools that do not meet the minimum requirements, the report will reflect those minimum requirements that remain to be addressed by the owner.

(f) A beauty culture school that does not meet the minimum requirements on initial inspection may be reinspected. The beauty culture school owner must submit the request for reinspection along with the fee required by §83.80, before the department will perform the reinspection.

§83.52. Periodic Inspections. 

(a) Each beauty salon, specialty salon, dual shop, mini-salon, or mini-dual shop shall be inspected at least once every two years. Each beauty culture school shall be inspected at least twice per year.

(b) The beauty salon, specialty salon, or dual shop owner, manager, or their representative must, upon request, make available to the department representative the list required by §83.71(c) of all independent contractors and all mini-salon licensees or mini-dual shop permittees who work in the salon or shop.

(c) Upon completion of the inspection, the owner shall be advised in writing of the results. The inspection report will indicate whether the inspection was approved or not approved, and will describe any violations identified during the inspection.

(d) For inspections that are not approved, the inspection report will identify violations that must be corrected by the owner. The report will also indicate the corrective modifications required to address the violations, in accordance with §83.54. Additionally, the department may assess administrative penalties and/or administrative sanctions for violations, in accordance with §83.90.

(e) Based on the results of the periodic inspection, a cosmetology establishment found out of compliance may be re-inspected.

§83.54. Corrective Modifications Following Inspection. 

(a) When corrective modifications to achieve compliance are required:

(1) the department shall provide the owner a list of required corrective modification(s);

(2) within 10 days after receiving the list of required corrective modifications, the owner shall complete all corrective modifications and provide verification, in a manner prescribed by the department, of the corrective modifications, within thirty (30) days of completion; and

(3) the department may grant an extension, consistent with established procedures, if satisfactory evidence is presented showing that the time period specified is inadequate to perform the necessary corrections.

(b) When corrective modifications to achieve compliance involve violations of sanitation rules or violations relating to unlicensed practice, those violations may be referred to the department's enforcement division for further action. The cosmetology establishment will be contacted by the department to arrange final resolution of these violations. Additionally, the department may assess administrative penalties and/or administrative sanctions for violations or for failure to complete corrective modifications timely or provide written verification to the department timely, in accordance with §83.90.

§83.70. Responsibilities of Individuals. 

(a) For purposes of this section, "licensed facility" means the premises of a place of business that holds a license, certificate, or permit under Texas Occupations Code, Chapters 1601, 1602 and 1603.

(b) A licensee is restricted to working in a licensed facility but may perform a service within the scope of the license, at a location other than a licensed facility for a customer who:

(1) is unable to receive the services at a licensed facility because of illness or physical or mental incapacitation; or

(2) will receive the services in preparation for and at the location of a special event; and

(3) makes the appointment for services through a licensed facility.

(c) A licensee who leases space as an independent contractor on the premises of a cosmetology establishment must hold a booth rental permit.

(d) Specialty certificate holders may only perform the practice authorized by the specialty certificate.

(e) All current licenses may 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) A current photograph of the licensee approximately 1 1/2 inches by 1 1/2 inches shall be attached to the front of the license, certificate or permit.

(g) Licensees shall notify the department in writing of any name change within thirty (30) days of the change.

(h) Licensees must notify the department within thirty (30) days following any change of address. The department may send all notices on other information required by applicable laws and rules to any licensee's last known mailing address on file with the department.

(i) 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 not include lingerie or see-through fabric.

(j) Licensees are responsible for compliance with the health and safety standards of this chapter.

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

(a) Each establishment must have a copy of the current law and rules book.

(b) Each establishment is responsible for compliance with the health and safety standards of this chapter.

(c) Beauty salons, specialty salons and dual shops may lease space to an independent contractor who holds a booth rental (independent contractor) license. The lessor to an independent contractor must maintain a list of all renters that includes the name of renter and the cosmetology license number of the renter. The lessor must supply the department representative with a list of renters upon request.

(d) Beauty salons, specialty salons and dual shops may lease space to mini-salon licensees or mini-dual shop permittees. The lessor must maintain a list of all mini-salon or mini-dual shop license numbers and expiration dates and must provide the list to a department representative upon request.

(e) Mini-salon licensees and mini-dual shop permittees must maintain the name, license number, and license expiration date of each person working in the mini-salon or mini-dual shop.

(f) Cosmetology establishments that lease space to mini-salon licensees or mini-dual shop permittees must maintain all common areas.

(g) Each salon shall comply with the following requirements:

(1) a sink with hot and cold running water;

(2) an identifiable sign with the salon's name;

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

(4) a wet disinfectant soaking container, large enough to fully immerse tools and implements;

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

(6) a minimum of one covered trash container; and

(7) if providing manicure or pedicure nail services, an autoclave, dry heat sterilizer or ultraviolet sanitizer.           

(h) In addition to the requirements of subsection (g):

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

(A) one working station;

(B) one styling chair; and

(C) a sufficient amount of shampoo bowls.

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

(A) one manicure table with light;

(B) one manicure stool; and

(C) one professional client chair for each manicure station.

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

(A) one facial bed or chair; and

(B) one mirror.

(4) combination esthetician/manicure salons shall provide the following equipment:

(A) the requirements for manicure salon; and

(B) the requirements for esthetician salon.

(5) eyelash extension salons shall provide the following equipment for each licensee present and providing services:

(A) one facial bed or massage table that allows the consumer to lie completely flat;

(B) one lamp; and

(C) one stool or chair.

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

(A) one mannequin table, station, or styling bar to accommodate a minimum of 10 hairpieces;

(B) one wig dryer; and

(C) two canvas wig blocks.

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

(A) one work station;

(B) one styling chair; and

(C) a sufficient amount of shampoo bowls for licensees providing hair weaving services.

(8) Dual shops shall:

(A) comply with all requirements of the Act and this chapter applicable to beauty salons;

(B) comply with all requirements of Texas Occupations Code, Chapter 1601, and Chapter 82 of this title applicable to barbershops;

(C) if the shop does not currently have employed or have a contract with at least one licensed barber or one licensed cosmetologist, the owner must immediately display a prominent sign at the entrance and exit of the shop indicating that no barber or no cosmetologist is available; and

(D) if the shop has neither employed nor contracted with at least one licensed barber or cosmetologist for a period of 45 days or more the owner shall:

(i) not place any new advertisement or display any sign or symbol indicating that the shop offers barbering or cosmetology services; and

(ii) remove or obscure any existing sign or symbol indicating that the shop offers barbering or cosmetology services.

(9) Mini-dual shops shall:

(A) comply with all requirements of the Act and this chapter applicable to beauty salons; and

(B) comply with all requirements of Texas Occupations Code, Chapter 1601, and 16 TAC Chapter 82 applicable to barbershops.

(i) All booth rental licensees acting as independent contractors must have the following items:

(1) a wet disinfectant soaking container, large enough to fully immerse tools and implements;

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

(3) a suitable receptacle for used towels/linen; and

(4) a current law and rules book.

(j) In addition to the requirements in subsection (i), booth rental licensees acting as independent contractors must have the following items.

(1) If practicing in a beauty salon, one work station and one styling chair.

(2) If practicing in an esthetician salon, one facial bed or chair and one mirror, wall hung or hand held.

(3) If practicing in a manicure salon, one manicure table with a light, one manicure stool, and one chair, professional in appearance.

(4) If practicing in an eyelash extension salon, one facial bed or massage table that allows the consumer to lie completely flat, one stool or chair and one lamp.

(k) Booth rental licensees acting as independent contractors must comply with all state and federal laws relating to independent contractors.

(l) 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.       

(m) All licensed facilities must display in a conspicuous place clearly visible to the public a sign, acceptable to the department, regarding human trafficking information as required by Texas Occupations Code, Chapter 1602, Section 1602.408.

§83.72. Responsibilities of Beauty Culture Schools. 

(a) Each establishment must have a copy of the current law and rules book.

(b) Each establishment is responsible for compliance with the health and safety standards of this chapter.

(c) Notify the department of any alterations of a cosmetology establishment’s floor plan.

(d) The approved curricula shall be posted in a conspicuous place in the school. A current syllabus and lesson plan for each course shall be maintained by the school and be available for inspection.

(e) Unless the context clearly indicates otherwise, when used in this section the term "student-instructor" shall mean a student permit holder who is enrolled in an instructor curriculum of a beauty culture school.

(f) Schools must have at least one licensed instructor on duty for each 25 students in attendance, including evening classes. A school may not enroll more than three student-instructors for each licensed instructor teaching in the school. The student-instructor shall at all times work under the direct supervision of the licensed instructor and may not service clients, but will concentrate on teaching skills. A licensed instructor must be physically present during all curriculum activities. No credit for instructional hours can be granted to a cosmetology student unless such hours are accrued under the supervision of a licensed instructor.

(g) Schools offering distance education must:

(1) obtain department approval before offering a course;

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

(3) comply with the curriculum requirements in §83.120(d) by limiting distance education to instruction in theory.

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

(j) 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) 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) 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(e)(5);

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

(m) 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) 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) Schools changing from clock hours to credit hours or from credit hours to clock hours must apply with the department for approval, on a department approved form, prior to making any changes.

(p) Successful completion of 1 credit hour is equal to 37.5 clock hours. This equivalency will be used for conversion between clock hours to credit hours or credit hours to clock hours and the department must periodically assess this equivalency conversion to ensure it is an acceptable industry standard.

(q) 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.

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

(s) 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.

(t) 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.

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

(v) Schools must ensure that guest presenters possess the necessary knowledge and teaching ability to present a curriculum topic and that a licensed instructor is present during the guest presenter’s classroom teaching.

(w) 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 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) covered trash cans in lab area; and

(8) wet disinfectant soaking container, large enough to fully immerse tools and implements.

(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, hand-held hair dryer, 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 disinfectant soaking containers, large enough to fully immerse tools and implements.

(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 disinfectant soaking containers, large enough to fully immerse tools and implements.

(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;

(I) air brush system; and

(J) wet disinfectant soaking containers, large enough to fully immerse tools and implements.

(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:

(A) facial bed or massage table that allows the consumer to lie completely flat;

(B) stool or chair;

(C) lamp;

(D) mannequin head;

(E) wet disinfectant soaking containers; and

(F) dry sanitizer.

(x) Cosmetology schools shall display in the school, in a conspicuous place clearly visible to the public:

(1) a copy of the school’s most recent inspection report issued by the department; and

(2) a sign, acceptable to the department, regarding human trafficking information as required by Texas Occupations Code, Chapter 1602, §1602.408.

§83.73. Responsibilities of Students. 

(a) Students are responsible for compliance with the health and safety standards of this chapter.

(b) Students shall not engage in any act that constitutes dishonesty or misrepresentation of or relating to a student's hours accrued under this chapter.

§83.78. Responsibilities of Mobile Shops. 

(a) A mobile shop shall comply with all health and safety requirements and all other requirements of the Act and this chapter for beauty salons or specialty salons, as applicable, except as modified by this section or as otherwise indicated.

(b) A mobile shop license holder shall maintain a permanent physical address as required by §83.22(c). The mobile shop shall notify the department in writing of any change in physical or mailing address within 10 calendar days of the change.

(c) Records of the following shall be kept within the mobile unit and made available for inspection by department personnel: appointments; itineraries, if the shop submits itineraries to the department as provided by subsection (d); license numbers of employees and independent contractors; and vehicle identification numbers of the mobile shop. Records of appointments and itineraries shall be kept for a period of at least one year from the date the record is made.

(d) A mobile shop shall either:

(1) have a Global Positioning System (GPS) tracking device that enables the department to track the location of the mobile shop over the Internet and meet the following requirements:

(A) the device shall be on board and functioning at all times the mobile shop is in operation or open for business; and

(B) the mobile shop shall provide the department with all information necessary to track the shop over the Internet; or

(2) submit to the department, in a manner specified by the department, a weekly itinerary showing the dates, exact locations, and times of service to be provided. The license holder shall submit the itinerary not less than 7 calendar days prior to the beginning of service described in the itinerary and shall submit to the department any changes in the itinerary not less than 24 hours prior to the change. A mobile shop shall follow the itinerary in providing service and notify the department of any changes.

(e) Furniture shall be anchored to the unit.

(f) All chemicals in the mobile shop shall be stored in cabinets secured with safety catches and shall be stored separate and apart from other articles or equipment in the shop.

(g) A mobile shop shall display on both sides of the exterior of the mobile shop, the mobile shop's license number and a sign stating the name of the shop.

(h) A mobile shop shall have a water heater that provides fresh, hot water continuously and on demand.

(i) A mobile unit shall have a fresh water tank holding a sufficient amount of fresh water to perform the day's business. If a mobile unit's fresh water supply is depleted, operation must cease until the supply is replenished.

(j) A mobile shop shall have a functioning restroom within its perimeter, including a self-contained, flush toilet with holding tank.

(k) No services may be performed outside the mobile shop or while the mobile shop is in motion.

(l) A mobile shop may not be used as a residence or for any other purpose besides providing cosmetology services.

§83.80. Fees. 

(a) Application fees.

(1) Operator License--$50

(2) Specialty License--Esthetician, Manicurist, Esthetician/Manicurist, Eyelash Extension--$50

(3) Specialty Certificate--Hair Weaving, Wig--$50

(4) Student Permit--$25

(5) Instructor License--$60

(6) Instructor Specialty License--Esthetician, Manicurist, Esthetician/Manicure, Eyelash Extension--$60

(7) Beauty and specialty salons--$106

(8) Mini-Salon License--$60

(9) Booth Rental (Independent Contractor) License--No fee

(10) Beauty Culture School--$300

(11) Dual Shop--$130

(12) Mini-Dual Shop Permit--$60

(13) Mobile Shop--$106

(b) Renewal fees.

(1) Operator License--$50

(2) Specialty License--Esthetician, Manicurist, Esthetician/Manicurist, Eyelash Extension--$50

(3) Specialty Certificate--Hair Weaving, Wig--$50

(4) Instructor License--$60

(5) Instructor Specialty License--Esthetician, Manicurist, Esthetician/Manicure, Eyelash Extension--$60

(6) Beauty and specialty salons--$69

(7) Mini-Salon--$60

(8) Mini-Dual Shop--$60

(9) Booth Rental (Independent Contractor) License--No fee

(10) Beauty Culture School--$200

(11) Dual Shop--$100

(12) Mobile Shop--$69

(c) Reciprocity or Endorsement Fee--$50

(d) Inactive License Status

(1) Renewal of license on inactive status--renewal fees as stated in §83.80(b).

(2) Change from inactive status to active status--$25.

(e) Revised/Duplicate License/Certificate/Permit/Registration--$25

(f) Law and Rules book--$14

(g) School (public and private) Inspection Fees (for each occurrence)--$200

(h) Verification of license, permit, or certificate to other states--$15

(i) Student transcript fee--$5

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

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

(l) Law and rule book fee is included in the application and renewal fees for student, individual and establishment licenses, certificates, and permits.

§83.102.  Health and Safety Standards--General Requirements. 

(a) All licensees shall clean their hands with soap and water or use a hand sanitizer prior to performing any services and as necessary during the service to ensure a client health and safety. All cosmetology establishments and licensees shall utilize clean and disinfected equipment, tools, implements, and supplies in accordance with this chapter, and shall employ good hygiene habits while providing cosmetology services.

(b) A licensee may not perform services on a client if the licensee has reason to believe the client has a contagious condition such as head lice, nits, ringworm, conjunctivitis; or inflamed, infected, broken, raised or swollen skin or nail tissue; or an open wound or sore in the area to be serviced.

(c) Multi-use equipment, implements, tools or materials not addressed in this chapter shall be cleaned and disinfected before use on each client. Except as otherwise provided in this chapter, chairs and dryers do not need to be disinfected prior to use for each client.

(d) Single-use equipment, implements, tools or porous items not addressed in this rule shall be discarded after use on a single client.

(e) Electrical equipment that cannot be immersed in liquid shall be wiped clean and disinfected prior to each use on a client.

(f) All clean and disinfected implements and materials when not in use shall be stored in a clean, dry, debris-free environment including but not limited to drawers, cases, tool belts, rolling trays, or hung from hooks. They must be stored separate from soiled implements and materials. Ultraviolet electrical sanitizers are permissible for use as a dry storage container. Non-cosmetology related supplies must be stored in separate drawers or locations.

(g) Shampoo bowls, and manicure tables shall be disinfected prior to use for each client.

(h) Floors in cosmetology establishments shall be thoroughly cleaned each day. Hair cuttings must be swept up and deposited in a closed receptacle after each hair cut.

(i) All trash containers must be emptied daily and kept clean by washing or using plastic liners.

(j) Hand washing facilities, including hot and cold running water must be provided for employees.

(k) Clean towels shall be used on each client. Towels must be washed in hot water and chlorine bleach.

(l) Soiled towels shall be removed after use on each client and deposited in a suitable receptacle.

(m) Each cosmetology establishment shall keep all products used in the conduct of their business properly labeled in compliance with OSHA requirements.

(n) Hair cutting and shampoo capes shall be kept clean. A clean (one-use) cape shall be used for each client or a sanitary neck strip or towel shall be used to keep the capes from coming into direct contact with the client's neck.

§83.105.  Health and Safety Standards--Temporary Hair Removal Services. 

(a) Cosmetologists and estheticians shall wash their hands with soap and water, or use a liquid hand sanitizer, prior to performing any services on a client.

(b) Cosmetologists and estheticians shall clean the areas of the client's body on which the service is to be administered.

(c) Cosmetologists and estheticians performing temporary hair removal services involving the use of depilatories, preparations or tweezing techniques shall dispose of after each use all products or single use items that have been in contact with a client's skin.

(d) All wax pots shall be cleaned and disinfected in accordance with manufacturer's recommendations. No applicators shall be left standing in the wax at any time and wax may not be reused under any circumstances.

(e) All multi-use items shall be properly cleaned, disinfected and sterilized or sanitized prior to each service, in accordance with this chapter.

The repeal is adopted under Texas Occupations Code, Chapters 51, 1602, and 1603, 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 adoption are those set forth in Texas Occupations Code, Chapters 51, 1602, and 1603.  No other statutes, articles, or codes are affected by the adoption.

[§83.53. Risk-Based Inspections]

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.


Filed with the Office of the Secretary of State, on December 21, 2017.
Brian E. Francis
Executive Director
Texas Department of Licensing and Regulation