reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 82 - BARBERS › Section 82.120 - Technical Requirements-Curricula Standards (before August 1, 2023)

Current through Reg. 49, No. 28; July 12, 2024
(a) The curriculum
				standards for the class A barber certificate in a private or public
				post-secondary barber school consists of 1,000 hours, to be completed in a
				course of not less than six months, as follows:
Attached
				  Graphic
(b) The
				curriculum standards for the class A barber certificate while holding a
				cosmetology operator license consists of 300 hours, to be completed in a course
				of not less than 9 weeks, as follows:
Attached
				  Graphic
(c) The
				curriculum standards for the class A barber certificate in a public secondary
				program for high school students consists of 1,000 hours of instruction in
				barber courses to be completed in a course of not less than six months, with
				the 1,000 hours as follows:
Attached
				  Graphic
(d) The
				curriculum standards for the manicurist license consists of 600 hours, to be
				completed in a course of not less than 16 weeks, as follows:
Attached
				  Graphic
(e) The
				curriculum standards for the barber technician/manicurist license consists of
				900 hours, to be completed in a course of not less than 24 weeks, as follows:
Attached
				  Graphic
(f) The
				curriculum standards for the barber technician/hair weaving license consists of
				600 hours to be completed in a course of not less than 16 weeks, as follows:
Attached
				  Graphic
(g) The
				curriculum standards for the barber technician license consists of 300 hours,
				to be completed in a course of not less than 8 weeks, as follows:
Attached
				  Graphic
(h) The
				curriculum standards for the hair weaving specialty certificate of registration
				consists of 300 hours as follows:
Attached
				  Graphic
(i)
				Field Trips.
(1) Barber related field trips
				are permitted under the following conditions for students enrolled in the
				following courses and the guidelines under this subsection must be strictly
				followed.
(2) A student may obtain
				the following field trip hours:
(A) a maximum
				of 50 hours out of the 1,000 hour class A Barber course;
(B) a maximum of 30 hours for the Manicure
				course;
(C) a maximum of 20 hours
				for the Barber Techniciancourse;
(D) a maximum of 45 hours for the Barber
				Technician/Manicurist course;
(E) a
				maximum of 30 hours for the Barber Technician/Hair Weaving course;
(F) a maximum of 20 hours for the Hair
				Weaving course; and
(G) a maximum
				of 15 hours for the Cosmetology Operator to Class A Barber course.
(3) Students must be under the
				supervision of an instructor from the school where the student is enrolled at
				all times during the field trip. The instructor-student ratio required in a
				school is required on a field trip.
(4) Complete documentation is required,
				including student names, instructor names, activity, location, date, and
				duration of the activity.
(5) No
				credit may be earned for travel.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
These rules are promulgated under the authority of the Texas
				  Occupations Code, Chapters 51 and 1603, and House Bill 1560, Article 3, 87th
				  Legislature, Regular Session (2021).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Act--Texas Occupations
				Code Chapter 1603.
(2)
				Barbering--The services described by §1603.0011(a) and (b) of the
				Act.
(3) Board--The Barbering and
				Cosmetology Advisory Board.
(4)
				Class A Barber--A person who holds a class A barber license and who is
				authorized to perform any barbering service under Texas Occupations Code §
									1603.0011(a) and
				(b).
(5) Commission--The Texas Commission of
				Licensing and Regulation.
(6)
				Common Area--An area within an establishment or school which contains equipment
				and facilities available for use by all persons who practice barbering or
				cosmetology on the premises under a license or permit issued under this chapter
				or Texas Occupations Code, Chapter 1603.
(7) Cosmetology--The services described by
				§1603.0011(a) and (c) of the Act.
(8) Department--The Texas Department of
				Licensing and Regulation.
(9)
				Digital Network--Any online-enabled application, Internet website, or system
				offered or used by a remote service business that allows a client to arrange
				for a digitally prearranged remote service.
(10) Digitally Prearranged Remote Service--A
				barbering or cosmetology service performed for compensation by a person holding
				a license under this chapter that is:
(A)
				prearranged through a digital network; and
(B) performed at a location other than an
				establishment.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.20 - License Requirements-Individuals (before September 1, 2023)

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				for an operator license, an applicant must:
(1) submit a completed application in the
				manner prescribed by the department;
(2) pay the applicable fee required under
				§83.80;
(3) be at least 17
				years of age;
(4) have obtained a
				high school diploma, or the equivalent of a high school diploma, or have passed
				a valid examination administered by a certified testing agency that measures
				the person's ability to benefit from training;
(5) have completed the following hours of
				cosmetology instruction at a licensed beauty culture school either:
(A) 1,000 hours of instruction in a beauty
				culture school; or
(B) 300 hours of
				instruction in cosmetology through a commission-approved training program in a
				beauty culture school and hold an active Class A barber certificate;
				and
(6) pass a written
				and practical examination required under §83.21.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.21 - License Requirements-Examinations

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				for a department examination, an examinee must:
(1) submit a completed license application in
				the manner prescribed by the department;
(2) pay the applicable license fee under
				§83.80; and
(3) have completed
				the number of hours required under this chapter and the Act.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.22 - License Requirements-Establishments

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				for an establishment 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 and verified
				application in the manner prescribed by the department;
(4) pay the fee required under
				§83.80;
(5) own or rent the
				establishment; and
(6) have not
				committed an act that constitutes a ground for denial of a license.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.23 - License Requirements-Schools

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				for a 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 in the manner prescribed by the department;
(4) pay any applicable fees required under
				§83.40 and §83.80;
(5)
				meet the health and safety standards of this chapter; and
(6) for a private school, provide a current
				financial statement prepared by a certified public accountant in the format
				prescribed by the department. 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. The applicant must demonstrate that it has the
				financial resources to ensure continuity of operation of the school, provide a
				quality educational program, and fulfill its obligations to students for at
				least 12 months, without relying on student tuition.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.24 - Inactive Status

Current through Reg. 49, No. 28; July 12, 2024
(a) To change a
				license to inactive status, an applicant must:
(1) submit a completed application in the
				manner prescribed by the department not later than the expiration date of the
				license; and
(2) pay fee required
				under §83.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.25 - License Requirements-Continuing Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Terms used in
				this section have the meanings assigned by Chapter 59 (relating to Continuing
				Education Requirements), unless the context indicates otherwise.
(b) To renew a practitioner license, a
				licensee must complete at least 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;
(2)
				for renewals on or after September 1, 2025, 1 hour on human trafficking
				prevention, which at a minimum must include information on:
(A) activities commonly associated with human
				trafficking;
(B) recognition of
				potential victims of human trafficking; and
(C) methods for assisting victims of human
				trafficking, including how to report human trafficking; and
(3) the remaining hours in any
				topics listed in subsection (h).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.26 - Licensing Requirements-Renewals

Current through Reg. 49, No. 28; July 12, 2024
(a) To renew a
				license, an applicant must:
(1) comply with
				applicable requirements of the Act and this chapter;
(2) submit a completed application in the
				manner prescribed by the department; and
(3) pay the applicable fee required under
				§83.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.28 - Substantial Equivalence and Provisional Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) To be granted a
				license through substantial equivalence, an applicant must:
(1) submit a completed application in the
				manner prescribed by the department;
(2) furnish a certified transcript of hours
				from the state board, territory, or foreign country from which the applicant is
				applying;
(3) provide one of the
				following:
(A) if an applicant is from another
				state of the United States, provide documentation that licensure in another
				state was obtained by standards substantially equivalent to those of Texas;
				or
(B) if an applicant is from a
				territory or foreign country, provide documents verified by the department or a
				certified credentialing agency confirming that licensure in the territory or
				foreign country was obtained by standards substantially equivalent to those of
				Texas;
(4) furnish an
				active and valid license or certificate to indicate that the applicant is
				licensed in good standing in another jurisdiction or foreign country;
(5) pay the substantial equivalence fee and
				applicable license application fee required under §83.80; and
(6) for applications on or after September 1,
				2023, be at least 17 years of age.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.29 - Establishment or School Relocation, Change of Ownership, Owner Death or Incompetency

Current through Reg. 49, No. 28; July 12, 2024
(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. The requirements of this subsection do not apply to mobile
				establishments.
(c) If a school
				relocates, the licensee must submit a change of location application in the
				manner prescribed by the department and pay the applicable fee required under
				§
									83.80 of this chapter.
				Additionally, a relocated school must be inspected and meet the applicable
				requirements of the Act and this chapter prior to operation.
(d) If an establishment or school changes
				ownership, the new owner must apply for a new license within 30 days after the
				change of ownership. Additionally, a 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 or school.
(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 of the owner.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.31 - Licenses-License Terms

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				licenses have a term of two (2) years:
(1)
				practitioner licenses; and
(2)
				establishment licenses.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.40 - Barbering and Cosmetology School Tuition Protection Account

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				Subchapter H-1 of the Act, the Barbering and Cosmetology School Tuition
				Protection Account is createdto:
(1) refund
				tuition and fees to a student if a private 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 school in providing training directly related to
				educating a student from a closed school.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.50 - Inspections-General

Current through Reg. 49, No. 28; July 12, 2024
(a) Schools and
				establishments must be inspected in accordance with Texas Occupations Code,
				Chapter 51, and the inspection rules under 16 Texas Administrative Code,
				Chapter 60, Subchapter H.
(b) An
				establishment 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-establishment licensees who work in
				the establishment.
(c) The
				department will make information available to establishment and school owners
				and managers on best practices for risk-reduction techniques.
(d) The establishment or school owner,
				manager, employee, contractor, or their representative must cooperate with the
				inspector or investigator in the performance of the inspection or
				investigation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.51 - Initial Inspections-Inspection of Schools Before Operation

Current through Reg. 49, No. 28; July 12, 2024
(a) Any new or
				relocated school must be inspected and approved by the department before it may
				operate. Additionally, a school that has changed ownership must be inspected
				and approved by the department but may continue to operate prior to
				inspection.
(b) The school owner
				must 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 will schedule the initial
				inspection date and notify the owner.
(d) Schools must be inspected in accordance
				with Texas Occupations Code, Chapter 51, and the inspection rules under 16
				Texas Administrative Code, Chapter 60, Subchapter H.
(e) A school that does not meet the minimum
				requirements on initial inspection may be reinspected. The school owner must
				submit the request for reinspection before the department will perform the
				reinspection.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.65 - Barbering and Cosmetology Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				the Barbering and Cosmetology Advisory Board is to advise the Commission and
				department on:
(1) education and curricula
				for applicants;
(2) the content of
				examinations;
(3) proposed rules
				and standards on technical issues related to barbering and cosmetology;
				and
(4) other issues affecting
				barbering and cosmetology.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.70 - Responsibilities of Individual Practitioners

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				this section, "licensed facility" means the premises of an establishment or
				school.
(b) A practitioner 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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.71 - Responsibilities of Establishments

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				establishment must have the current law and rules book.
(b) Each establishment is responsible for
				compliance with the health and safety standards of this chapter.
(c) An establishment may lease space to an
				independent contractor who is a practitioner. The lessor to an independent
				contractor practitioner must maintain a list of all renters that includes the
				name of renter and the license number of the renter. The lessor must supply the
				department representative with a list of renters upon request.
(d) An establishment may lease space to
				mini-establishment license holders. The lessor must maintain a list of all
				mini-establishment license numbers and expiration dates and must provide the
				list to a department representative upon request.
(e) A mini-establishment license holder must
				maintain the name, license number, and license expiration date of each person
				working in the mini-establishment.
(f) Establishments that lease space to
				mini-establishments must maintain all common areas.
(g) Each establishment must comply with the
				following requirements:
(1) a sink with hot
				and cold running water in an area where services are performed;
(2) an identifiable sign with the
				establishment'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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.72 - Responsibilities of Schools

Current through Reg. 49, No. 28; July 12, 2024
(a) Each school
				must have the current law and rules book.
(b) Each school is responsible for compliance
				with the health and safety standards of this chapter.
(c) Each school must notify the department of
				any alterations to a school's floor plan.
(d) The certificate of curriculum approval
				must be posted in a conspicuous place in the school. A current syllabus and
				lesson plan for each course must be maintained by the school and be available
				for inspection.
(e) Schools must
				have at least one instructor on duty for each 25 students in attendance,
				including evening classes. An instructor must be physically present during all
				practical curriculum standard activities, and physically present or
				participating through distance education for theory curriculum standard
				activities. No credit for instructional hours can be granted to a student
				unless such hours are accrued under the supervision of an instructor.
(f) 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 standards in §83.120(c) and §83.202(e) by limiting
				distance education to instruction in theory.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.73 - Responsibilities of Students

Current through Reg. 49, No. 28; July 12, 2024
(a) Students are
				responsible for compliance with the health and safety standards of this
				chapter.
(b) Students may not
				engage in any act that constitutes dishonesty or misrepresentation related to a
				student's hours accrued under this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.74 - Responsibilities-Withdrawal, Termination, Transfer, School Closure

Current through Reg. 49, No. 28; July 12, 2024
(a) A student
				desiring to transfer from one school to another must withdraw from the first
				school prior to the transfer. Enrollment in two or more schools at the same
				time is prohibited.
(b) A student
				transferring to a school who desires to claim credit earned must inform the
				school transferred to prior to enrollment of the student's prior attendance and
				must furnish to that school and the department a record of credit claimed. This
				record may be in the form of a transcript from the prior school or an extract
				from records of the department.
(c)
				Upon withdrawal, and provided that the agreed tuition and fees have been
				tendered, a student is entitled to an official transcript of credit earned at
				the school withdrawn from. The transcript must be ready for pickup or, if
				mailed, postmarked within ten calendar days of the school's receipt of notice
				of withdrawal. A copy of the transcript must be kept in the student's file for
				48 months and the copy must be made available at the request of the
				department.
(d) A student who
				withdraws from a school is entitled to a refund in accordance with Texas
				Occupations Code, Chapter 1603 and this chapter.
(e) Withdrawal or termination must be defined
				by the number of hours scheduled according to the enrollment agreement or
				contract the student has signed with the school or other document acceptable to
				the department and not the clock hours the student has earned during class
				attendance.
(f) If a school closes
				or ceases operation before the class credit is earned, the student is entitled
				to a tuition refund in accordance with Texas Occupations Code, Chapter
				1603.
(g) Any student of an
				out-of-state private or public school may submit a request to the department to
				transfer the completed credit to a Texas school. A transcript must be submitted
				on the prescribed form and certified by the school in which the instruction was
				given. Portions of the curricula of the department not taught in another state
				must be taken in an approved Texas school prior to taking the Texas
				examination.
(h) A student enrolled
				for a class A barber, operator, or specialty course may withdraw and transfer
				hours acquired to another course not to exceed the amount of hours of that
				subject in the applicable curriculum standards.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.77 - Remote Service Business Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) A person or
				entity licensed under this chapter may not operate a remote service business
				without first:
(1) providing, in a manner
				prescribed by the department, notice of the licensee's intent to operate a
				remote service business;
(2)
				providing a permanent mailing address for the remote service business;
				and
(3) verifying that the remote
				service business complies with the requirements of the Act and this
				chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.78 - Responsibilities of Mobile Establishment

Current through Reg. 49, No. 28; July 12, 2024
(a) A mobile
				establishment must comply with all health and safety requirements and all other
				requirements of the Act and this chapter for establishments or specialty
				establishments, as applicable, except as modified by this section or as
				otherwise indicated.
(b) A mobile
				establishment license holder must maintain a permanent physical address as
				required by §83.22(c). The mobile establishment must notify the department
				in writing of any change in mailing address within 10 calendar days of the
				change.
(c) Records of the
				following must be kept within the mobile establishment unit and made available
				for inspection by department personnel: appointments; itineraries, if the
				establishment submits itineraries to the department as provided by subsection
				(d); license numbers of employees and independent contractors; and vehicle
				identification numbers of the mobile establishment. Records of appointments and
				itineraries must be kept for a period of at least one year from the date the
				record is made.
(d) A mobile
				establishment must either:
(1) have a Global
				Positioning System (GPS) tracking device that enables the department to track
				the location of the mobile establishment over the internet and meet the
				following requirements:
(A) the device must
				be on board and functioning at all times the mobile establishment is in
				operation or open for business; and
(B) the mobile establishment must provide the
				department with all information necessary to track the establishment over the
				internet; or
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.80 - Fees (before September 1, 2023)

Current through Reg. 49, No. 28; July 12, 2024
(a) Application
				fees.
(1) Operator License--$50
(2) Specialty License--Esthetician,
				Manicurist, Esthetician/Manicurist, Eyelash Extension, Hair
				Weaving--$50
(3) Student
				Permit--$25
(4) Beauty and
				specialty salon--$106
(5)
				Mini-Salon License--$60
(6) Beauty
				Culture School--$300
(7) Mobile
				Shop--$106
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.90 - Administrative Sanctions and Penalties

Current through Reg. 49, No. 28; July 12, 2024
A person that violates Texas Occupations Code, Chapter 1603,
				  a rule, or an order of the Executive Director or Commission relating to Chapter
				  1603, will be subject to the imposition of administrative sanctions and/or
				  administrative penalties in accordance with Texas Occupations Code, Chapters 51
				  and 1603, and 16 Texas Administrative Code, Chapter 60 (relating to the Texas
				  Department of Licensing and Regulation).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.100 - Health and Safety Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Chlorine bleach
				solutions--A chemical used to destroy bacteria and to disinfect implements and
				non-porous surfaces; solution should be mixed fresh at least once per day. As
				used in this chapter, chlorine bleach solutions fall into three categories
				based on concentration and exposure time:
(A)
				Low level disinfection (100 - 200 ppm)--Add two teaspoons household (5.25%)
				bleach to one gallon water. Soak 10 minutes minimum.
(B) High level disinfection (1,000 ppm)--Add
				one-third (1/3) cup household (5.25%) bleach to one gallon water. Soak 20
				minutes minimum.
(C) Blood and body
				fluid cleanup and disinfection (5,000 ppm)--Add one and three-quarters (1 3/4)
				cups household (5.25%) bleach to one gallon water. Also referred to as a 10%
				bleach solution.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.101 - Health and Safety Standards-Department-Approved Disinfectants

Current through Reg. 49, No. 28; July 12, 2024
(a) EPA-registered
				bactericidal, fungicidal, and virucidal disinfectants must be used as follows:
(1) Implements and surfaces must first be
				thoroughly cleaned of all visible debris prior to disinfection. EPA-registered
				bactericidal, fungicidal, and virucidal disinfectants become inactivated and
				ineffective when visibly contaminated with debris, hair, dirt and
				particulates.
(2) Some
				disinfectants may be sprayed on the instruments, tools, or equipment to be
				disinfected.
(3) Disinfectants in
				which implements are to be immersed must be prepared fresh daily or more often
				if solution becomes diluted or soiled.
(4) In all cases the disinfectant must be
				used in accordance with the manufacturers' instructions for disinfecting or
				other guidance in this rule.
(5)
				These chemicals are harsh and may affect the long-term use of scissors and
				other sharp objects. Therefore, the department recommends leaving items in
				solution in accordance with the manufacturers' recommendation for effective
				disinfection.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.103 - Health and Safety Standards-Hair Cutting, Styling, Shaving, and Treatment Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Practitioners
				must wash their hands with soap and water, or use a liquid hand sanitizer,
				prior to performing any services on a client.
(b) All equipment, implements, tools and
				materials must be properly cleaned and disinfected in accordance with this rule
				prior to servicing each client.
(c)
				After each client, all non-single-use implements must be wiped with a clean
				paper or fabric towel and sprayed with either an EPA-registered bactericidal,
				fungicidal, and virucidal disinfectant, or a high-level disinfectant chlorine
				bleach solution. Equipment, implements, tools and materials to be cleaned and
				disinfected include but are not limited to combs and picks, haircutting shears,
				thinning shears/texturizers, razors, safety razors, edgers, guards, clippers,
				and perm rods.
(d) At the end of
				each day of use, the above items, along with any other tools, such as
				sectioning clips, brushes, combs and picks must be cleaned by manually
				scrubbing with soap and water or adequate methods, and then disinfected by one
				of the following methods:
(1) Complete
				immersion in an EPA-registered bactericidal, fungicidal, and virucidal
				disinfectant in accordance with manufacturer's instructions; or
(2) Complete immersion in a high-level
				disinfectant chlorine bleach solution.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.104 - Health and Safety Standards-Esthetician Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Practitioners
				must wash their hands with soap and water, or use a liquid hand sanitizer,
				prior to performing any services on a client. Gloves must be worn during any
				type of extraction.
(b) Equipment,
				implements, tools and materials must be properly cleaned and disinfected after
				servicing each client in accordance with this rule.
(c) Facial chairs and beds, including
				headrest for each, must be cleaned and disinfected after providing service to
				each client. The chair or bed must be made of or covered in a non-porous
				material that can be disinfected.
(d) After each client, multiple use
				implements such as metal tweezers and comedone extractors must be cleaned and
				disinfected.
(e) The following
				implements are single-use items and must be discarded in a trash receptacle
				after use: cotton pads, cotton balls, gauze, wooden applicators, disposable
				gloves, tissues, thread, disposable wipes, lancets, fabric strips and other
				items used for a similar purpose as one or more of the items listed
				above.
(f) The following items that
				are used during services must be replaced with clean items for each client:
				disposable and terry cloth towels, hair caps, headbands, brushes, gowns, makeup
				brushes, spatulas that contact skin or products from multi-use containers,
				sponges and other items used for a similar purpose as one or more of the items
				listed above.
(g) Items subject to
				possible cross contamination such as creams, cosmetics, astringents, lotions,
				removers, waxes, moisturizers, masks, oils and other preparations must be used
				in a manner so as not to contaminate the remaining product. Applicators must
				not be re-dipped in product. Permitted procedures to avoid cross contamination
				are:
(1) Disposing of the remaining product
				before beginning services on each client; or
(2) Using a single-use disposable implement
				to apply product and disposing of such implement after use; or
(3) Using an applicator bottle to apply the
				product.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.105 - Health and Safety Standards-Temporary Hair Removal Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Practitioners
				must wash their hands with soap and water, or use a liquid hand sanitizer,
				prior to performing any services on a client.
(b) Practitioners must clean the areas of the
				client's body on which the service is to be administered.
(c) Practitioners performing temporary hair
				removal services involving the use of wax, depilatories, preparations or
				tweezing techniques must 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 must be cleaned and
				disinfected in accordance with manufacturer's recommendations. No applicators
				may be left standing in the wax at any time and wax may not be reused under any
				circumstances.
(e) All multi-use
				items must be properly cleaned, disinfected and sterilized or sanitized prior
				to each service, in accordance with this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.106 - Health and Safety Standards-Manicure and Pedicure Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Practitioners
				must clean their hands with soap and water or a hand sanitizer prior to
				performing any services.
(b)
				Practitioner must clean the areas of the client's body on which the service is
				to be administered.
(c) All metal
				manicure and pedicure tools must be properly cleaned, disinfected and
				sterilized or sanitized prior to each service, in accordance with this chapter,
				regardless of the tool's multiuse for only a single client or for multiple
				clients.
(d) After each client, the
				following implements must be cleaned, disinfected and sterilized or sanitized
				in accordance with the rule: metal pusher and files, cuticle nipper and
				scissors, metal tweezers, finger and toe nail clippers, and electric drill
				bits.
(e) The following implements
				are single-use items and must be discarded after use: orangewood sticks, cotton
				balls, nail wipes and disposable towels.
(f) Buffer blocks, porous nail files,
				pedicure files, callus rasps, natural pumice and foot brush, arbor, sanding
				bands, sleeves, heel and toe pumice, exfoliating block (washable materials)
				must be cleaned by manually brushing or other adequate methods to remove all
				visible debris after each use, and then sprayed with an EPA-registered
				bactericidal, fungicidal, and virucidal disinfectant, or a high level
				disinfection chlorine bleach solution in accordance with this chapter. If a
				buffer block or porous nail file is exposed to broken skin (skin that is not
				intact) or unhealthy skin or nails, it must be discarded immediately after use
				in a trash receptacle.
(g) The
				following materials that are used during a manicure and pedicure must be
				replaced with new or clean articles for each client: terry cloth towels, finger
				bowls and spatulas that contact skin or skin products from multi-use
				containers.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.107 - Health and Safety Standards-Electric Drill Bits

Current through Reg. 49, No. 28; July 12, 2024
(a) Only electric
				files, drills, or machines specifically designed and manufactured for use in
				the professional nail industry may be used in any establishment or school for
				performing manicure or pedicure services. Craft, hardware, and hobby tools
				cannot be used under any circumstances.
(b) After each use, diamond, carbide, natural
				and metal bits must be cleaned by either
(1)
				using a brush;
(2) using an
				ultrasonic cleaner; or
(3)
				immersing the bit in acetone for 5 to 10 minutes.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.108 - Health and Safety Standards-Foot Spas, Foot Basins, and Spa Liners

Current through Reg. 49, No. 28; July 12, 2024
(a) As used in this
				section, "whirlpool foot spa" or "spa" is defined as any basin using
				circulating water, either in a self-contained unit or in a unit that is
				connected to other plumbing in the establishment or school.
(b) After use upon each client, each
				whirlpool foot spa must be cleaned and disinfected in the following sequential
				manner.
(1) All water must be drained and all
				debris must be removed from the spa basin.
(2) The spa basin must be cleaned with soap
				or detergent and water.
(3) The spa
				basin must be disinfected with an EPA registered disinfectant with demonstrated
				bactericidal, fungicidal, and virucidal activity which must be used according
				to the manufacturer's instructions.
(4) The spa basin must be wiped dry with a
				clean towel.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.110 - Health and Safety Standards-Hair Weaving Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Practitioners
				must wash their hands with soap and water, or use a liquid hand sanitizer,
				prior to performing any services on a client.
(b) All equipment, implements, tools and
				materials must be properly cleaned and disinfected in accordance with this rule
				prior to servicing each client.
(c)
				Hair extensions, tracks, needles, and thread must be stored in a bag or covered
				container until ready to use. No unrelated items may be stored in the same bag
				or container.
(d) Needles, combs,
				and hair clips must be sprayed with a disinfectant before use.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.111 - Health and Safety Standards-Blood and Body Fluids

Current through Reg. 49, No. 28; July 12, 2024
(a) Blood can carry
				many pathogens. For this reason, licensees should never touch a client's open
				sore or wound. Powdered alum, styptic powder, or a cyanoacrylate (e.g.
				liquid-type bandage) may be used to contact the skin to stop minor bleeding,
				and should be applied to the open area with a disposable cotton-tipped
				instrument that is immediately discarded after application.
(b) In the case of blood or body fluid
				contact on any surface area such as a table, chair, or the floor, an
				EPA-registered hospital grade disinfectant, a tuberculocidal disinfectant, or a
				blood and body fluid cleanup and disinfection chlorine bleach solution must be
				used per manufacturer's instructions immediately to clean up all visible blood
				or body fluids.
(c) If any
				non-porous instrument is contacted with blood or body fluid, it must be
				immediately cleaned and disinfected using an EPA-registered hospital grade
				disinfectant, a tuberculocidal disinfectant in accordance with the
				manufacturer's instructions, or totally immersed in a blood and body fluid
				cleanup and disinfection chlorine bleach solution for 5 minutes.
(d) If any porous instrument contacts blood
				or body fluid, it must be immediately double-bagged and discarded in a closed
				trash container or biohazard box.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.112 - Health and Safety Standards-Prohibited Products or Practices

Current through Reg. 49, No. 28; July 12, 2024
(a) Practitioners
				may not use any of the following substances or products in performing barbering
				or cosmetology services:
(1) Methyl
				Methacrylate Liquid Monomers, (MMA).
(2) Razor-type callus shavers designed and
				intended to cut growths of skin such as corns and calluses, e.g., credo
				blades.
(3) Alum or other
				astringents in stick or lump form. (Alum or other astringents in powder or
				liquid form are acceptable.)
(4)
				Fumigants such as formalin (formaldehyde) tablets or liquids.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.113 - Health and Safety Standards-FDA

Current through Reg. 49, No. 28; July 12, 2024
(a) Practitioners
				may not use any product in providing a service authorized under the Act that is
				banned or deemed to be poisonous or unsafe by the United States Food and Drug
				Administration (FDA) or other local, state, or federal governmental agencies
				responsible for making such determinations.
(b) Possession or storage on licensed
				premises of any item banned or deemed to be poisonous or unsafe by the FDA or
				other governmental agency will be considered prima facie evidence of its
				use.
(c) For the purpose of
				performing services authorized under the Act, no practitioner may buy, sell,
				use, or apply to any person liquid monomeric methyl methacrylate
				(MMA).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 83 - BARBERS AND COSMETOLOGISTS › Section 83.114 - Health and Safety Standards-Establishments and Schools

Current through Reg. 49, No. 28; July 12, 2024
(a) Establishments
				and schools must keep the floors, walls, ceilings, shelves, furniture,
				furnishings, and fixtures clean and in good repair. Any cracks, holes, or other
				similar disrepair not readily accessible for cleaning must be repaired or
				filled in to create a smooth, washable surface.
(b) All floors in areas where services under
				the Act are performed, including restrooms and areas where chemicals are mixed
				or where water may splash, must be of a material which is not porous or
				absorbent and is easily washable, except that anti-slip applications or plastic
				floor coverings may be used for safety reasons. Carpet is permitted in all
				other areas.
(c) Plumbing fixtures,
				including toilets and wash basins, must be kept clean. They must be free from
				cracks and similar disrepair that cannot be readily accessible for
				cleaning.
(d) Each establishment
				and school must have suitable plumbing that provides an adequate and readily
				available supply of hot and cold running water at all times and that is
				connected for drainage of sewage and potable water within the areas where work
				is performed and supplies dispensed.
(e) Every establishment and school must
				provide at least one restroom located on or near the licensed premises. For
				public safety, chemical supplies may not be stored in the restroom.
(f) Food or beverages may not be prepared on
				licensed premises for sale. Pre-packaged food or beverages may be sold to or
				consumed by clients.
(g) For public
				health and safety, licensed premises must eliminate any strong odors through
				adequate ventilation, including but not limited to, exhaust fans and air
				filtration to exhaust chemicals and fumes away from the public area and to
				provide for the input of fresh air.
(h) Licensed premises may not be utilized 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.
				An establishment or school that is attached to a residence must have an
				entrance that is separate and distinct from the residential entrance. Any door
				between a residence and a licensed facility must be closed during business
				hours.
(i) Only service animals are
				allowed in establishments and schools. Covered aquariums are allowed provided
				that they are maintained in a sanitary condition.