Part 4.
TEXAS COSMETOLOGY COMMISSION
Chapter 89.
GENERAL RULES AND REGULATIONS
22 TAC §89.5
The Texas Cosmetology Commission adopts amendments to §89.5,
relating to the fees charged for various licenses issued by the Commission
and concerning the timeframes within which licensees must notify the Commission
of a change of address. The Commission adopts the amendments without changes
to the proposed text as published in the January 3, 2003, issue of the
The amendments codifies the fees charged for an initial school license
and for renewal of school licenses, thus ensuring that the rules accurately
reflect the fees charged by the Commission. The amendments also lengthen the
time in which individual licensees must notify the Commission of a change
of address from 10 days to 30 days, thus enabling licensees to have a more
reasonable amount of time to contact the Commission with information concerning
their change of address after transitioning to another location.
No comments were received regarding adoption of these amendments.
The amendment to §89.5(a)(5) is adopted pursuant to §1602.154
of the Texas Occupations Code which authorizes the Commission by rule to set
fees, including renewal fees, for licenses and certificates issued under chapter
1602. The commission has authority to issue such licenses and certificates
pursuant to §1602.303 relating to private beauty culture school licenses,
and §1602.352 relating to the renewal of licenses issued under the Act.
Section 1602.154 authorizes the commission to set fees in amounts reasonable
and necessary to cover the cost of administering chapter 1602.
The amendment is adopted pursuant to §1601.151 of the Texas Occupations
Code which authorizes the Commission to adopt rules consistent with Chapter
1602 in order to implement the provisions of that chapter.
The statutes affected by these amendments are §1602.303 and §1602.352
of the Texas Occupations Code.
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 February 24, 2003.
TRD-200301367
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.8
The Texas Cosmetology Commission adopts an amendment to §89.8,
concerning registration of students with the Commission for purposes of applying
for a student permit. The Commission adopts the amendment without changes
to the proposed text as published in the January 3, 2003, issue of the
Section 89.8 specifies the documentation required to be submitted to the
Commission once a student has enrolled in a school of cosmetology, and specifies
the deadlines for submission of such documents in order to obtain credit for
hours accrued. The amendment to §89.8(a) removes the requirement that
the student's enrollment contract be submitted to the Commission along with
his or her registration form, thus removing cumbersome documentation requirements
which serve limited informational value.
No comments were received regarding adoption of this amendment.
The amendment is adopted pursuant to §1602.151 of the Texas
Occupations Code which authorizes the commission to adopt rules consistent
with Chapter 1602 in order to implement the provisions of that chapter.
This amendment implements §1602.266 of the Texas Occupations Code
which authorizes the commission to require students enrolled in a cosmetology
school to obtain a student permit from the commission.
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 February 24, 2003.
TRD-200301368
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.9
The Texas Cosmetology Commission adopts an amendment to §89.9,
concerning the display by a school of the student permits of its students
in one album. The Commission adopts the amendment without changes to the proposed
text as published in the January 3, 2003, issue of the
Texas Register
(28 TexReg 17) and the text will not be republished.
Section 89.9 requires that student permits of students enrolled in a school
be kept in alphabetical order in an album in the school. The amendment changes
the requirement of keeping the permits in alphabetical order from a mandatory
to a preferred method, thus avoiding the issuance of violations to schools
for overly technical requirements with regard to the display of permits of
enrolled students by the school. It is preferred that schools alphabetize
the student permits in the album in order that commission inspectors will
be able to easily review enrollment and other records upon inspection. However,
it is recognized that there are times when, by mere chance, an inspection
will occur prior to the school having an opportunity to update the album alphabetically
with the student permits recently received from the commission.
No comments were received regarding adoption of this amendment.
The amendment is adopted pursuant to §1602.151 of the Texas
Occupations Code which authorizes the commission to adopt rules consistent
with Chapter 1602 in order to implement the provisions of that chapter.
The amendment implements §1602.266(a) governing the display of student
permits by a school.
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 February 24, 2003.
TRD-200301369
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.11
The Texas Cosmetology Commission adopts amendments to §89.11,
relating to the daily attendance register of students in a cosmetology school.
The Commission adopts the amendments without changes to the proposed text
as published in the January 3, 2003, issue of the
Texas Register
(28 TexReg 17) and the text will not be republished.
Section 89.11 governs the tracking of daily attendance of students by cosmetology
schools, including requiring that students clock out in certain instances
where they leave the instructional facility, and including supervision requirements
in the event instruction occurs outside the approved facility. The amendments
to §89.11(a)(4) clarify that students are required to clock out when
they leave the approved instructional facility for smoke breaks. The amendments
will better assure that students who are clocked in and accruing instructional
time do not vacate the premises for extended periods of time. The amendment
will strengthen the commission's ability to ensure that hours credited to
a student's record accurately reflects the instructional education they have
received.
The amendments further clarify that, in instances where instruction occurs
on campus, but outside the commission-approved facility, students must be
under the supervision of a licensed instructor, thus establishing consistency
between the language of this rule and the language of other rules in Chapter
89 which require supervision of a licensed instructor in order for a student
to receive credit for hours accrued. The amendment does not represent a substantive
change since subsection §89.11(a)(4)(C) already requires the presence
of a licensed instructor during all activities included in that rule and §89.4
already requires supervision by a licensed instructor in order to obtain credit
for instructional hours accrued. However, clarification of the language by
this amendment will maintain consistency within the language of the rule and
avoid any suggestion that supervision by a non-licensed instructor (e.g. student
instructor) is sufficient.
No comments were received regarding adoption of these amendments.
The amendments are adopted pursuant to §1602.151 of the
Texas Occupations Code which authorizes the commission to adopt rules consistent
with Chapter 1602 of the Code in order to implement the provisions of that
chapter. Section 1602.151(a) also specifically authorizes the commission to
prescribe the number of hours in each subject required to be taught in both
private and public cosmetology schools.
The amendments implement §1602.451 which requires the holder of a
private beauty culture school license to maintain a daily record of student
attendance. The amendments also affect §1602.454 which requires a school
to certify to the commission the number of hours accrued by students and §1602.551
which authorizes a commission inspector to verify a cosmetology school's compliance
with state statutes and commission rules.
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 February 24, 2003.
TRD-200301370
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.15
The Texas Cosmetology Commission adopts amendments to §89.15,
concerning authorization of various instructors licensed by the Texas Cosmetology
Commission. The Commission adopts the amendments with changes to the proposed
text as published in the January 3, 2003, issue of the
Texas Register
(28 TexReg 18) and the text will be republished. The
change in the adopted text substitutes the word "corporations" for the word
"corporation" in the last sentence of subsection (l) of the proposed amended
text as published in the January 3, 2003, issue of the
Texas Register
. This change is merely a grammatical correction.
Subsections 89.15 (a), (b), and (c) currently authorize cosmetology and
specialty instructors licensed by the commission to instruct in private cosmetology
schools and programs. The amendments make clear that the school in which the
licensee instructs must be a school or program approved by the Texas Cosmetology
Commission. The amendments further clarify that such licensees are authorized
to instruct in any commission-approved cosmetology school or program, whether
public or private. The amendments ensure that the rules accurately reflect
the practices and understanding of the commission and the industry. The amendments
do not represent a substantive change in practice of the agency or the industry
since persons obtaining an instructor's license from the commission have always
been viewed as being authorized to instruct in either private or public schools,
as is contemplated by §1602.251 of the Texas Occupations Code. Likewise,
both private and public schools have always been required to be approved by
the Texas Cosmetology Commission in order to operate.
No comments were received regarding adoption of these amendments.
The amendments are adopted pursuant to §1602.151 which authorizes
the commission to adopt rules consistent with Chapter 1602 of the Texas Occupations
Code in order to implement the provisions of that chapter.
The amendments implement §1602.251(b) and (c) of the Texas Occupations
Code governing the licensure requirements of cosmetology instructors in Texas
and the facilities within which they may instruct, in conjunction with §1602.151(a)(1), §1602.301, §1602.303
and §1602.304 of that Code governing the licensure and inspection requirements
of public and private school facilities.
§89.15.Definitions of License Authorizations.
(a)
Cosmetology Instructor License. A cosmetology instructor
license authorizes the holder to instruct in any Texas Cosmetology Commission
approved cosmetology school or program, and practice all phases of cosmetology
in a beauty salon and any of the specialties in a licensed specialty salon.
A current photograph approximately 1 1/2 inches by 1 1/2 inches of the licensee
shall be attached to the front of the license.
(b)
Manicure Specialty Instructor License. A Manicure Specialty
Instructor license authorizes the holder to instruct manicuring in any Texas
Cosmetology Commission approved cosmetology school, or program, and practice
all phases of manicuring in a beauty salon or a licensed specialty salon.
A current photograph approximately 1 1/2 inches by 1 1/2 inches of the licensee
shall be attached to the front of the license.
(c)
Facial Specialty Instructor License. A Facial Specialty
Instructor license authorizes the holder to instruct facials in any phase
of a Texas Cosmetology Commission approved cosmetology school, or program,
and practice all phases of the application of Facial cosmetics, manipulations,
eye tabbing, arches, lash and brow tints, and the temporary removal of superfluous
hair by the use of depilatory, mechanical tweezers, or wax in a beauty salon
and in a licensed specialty salon. A current photograph approximately 1 1/2
inches by 1 1/2 inches of the licensee shall be attached to the front of the
license.
(d)
Cosmetologist. A cosmetologist (operator) license authorizes
the holder to practice all phases of cosmetology in a beauty salon or any
specialties in a specialty salon. 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.
(e)
Wig Specialist. A Wig Specialist certificate authorizes
the holder to practice wiggery, or perform eye tabbing in a beauty or specialty
salon. 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.
(f)
Manicurist. A manicurist license authorizes the holder
to practice manicuring and pedicuring in a licensed beauty or specialty salon.
A manicurist shall not treat or remove calluses, soft calluses, or ingrown
nails. 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.
(g)
Shampoo/Conditioning Specialist. A shampoo specialist certificate
authorizes the holder to practice the art of shampooing, application of conditioners
and rinses, scalp manipulation, and shampooing hair goods in a licensed beauty
salon. A current photograph of the licensee approximately 1 1/2 inches by
1 1/2 inches shall be attached to the front of the certificate.
(h)
Facial Specialist. A facial specialist license authorizes
the holder to practice facial, application of facial cosmetics, manipulations,
eye tabbing, arches, lash and brow tints, and the temporary removal of superfluous
hair by the use of depilatory, mechanical tweezers, or wax in a licensed beauty
or specialty salon. 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.
(i)
Hairweaving/Braiding Specialist. A hairweaving specialist
certificate authorizes the holder to practice the art of hairweaving, braiding
and extensions in a licensed beauty or specialty salon. A current photograph
of the licensee approximately 1 1/2 inches by 1 1/2 inches shall be attached
to the front of the certificate. No other service may be performed. To do
so will lead to revocation of a specialty certificate.
(j)
Temporary License. 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.
(k)
Student Permit. A current photograph of the licensee approximately
1 1/2 inches by 1 1/2 inches shall be attached to the front of the permit.
(l)
Corporate License or Permit Application: General. Each
corporate applicant for any license or permit must certify, before the license
or permit is issued, that its state franchise taxes are current. Corporations
exempt from the payment of the franchise tax and out-of-state corporations
must certify that they are exempt and specify the reason.
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 February 24, 2003.
TRD-200301371
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.30
The Texas Cosmetology Commission adopts amendments to §89.30,
concerning the application to take an examination for licensure in Texas.
The Commission adopts the amendments with changes to the proposed text as
published in the January 3, 2003, issue of the
Texas
Register
(28 TexReg 20) and the text will be republished. The change
in the adopted text substitutes the word "required" for the word "requires"
in subsection (b)(2) of the proposed amended text as published in the January
3, 2003, issue of the
Texas Register
. This
change is merely a grammatical correction.
Section 89.30 describes the documentation necessary to be submitted to
the commission in order to be scheduled for a licensure examination with the
commission, and further describes the types of proof of identification which
the commission will deem acceptable in order for an applicant to take the
examination. The amendments to §89.30 specify that a high school identification
card must be current to be accepted and adds language which will enable the
commission to accept a government issued identification card other than a
drivers' license, DPS identification card, military identification card, high
school identification card, or resident alien card. These amendments will
make it easier for examination applicants who do not have a drivers' license
to comply with the requirements for proof of identification to take the examination,
including applicants from other nations who may not have a resident alien
card but do have a student visa or some other form of government issued identification.
The amendments further designate the current language of the rule as subsection
(a) and add a new subsection (b), the language of which would require that
the commission use a national testing service to provide the written portion
of its current licensure examinations for those scheduled to take an examination
on or after April 1, 2003. The new subsection also describes the procedures
which an examination applicant must follow in order to be scheduled for the
national examination as well as detail the cost of such examination. The transition
to a written examination provided by a national testing service will result
in the provision of a high quality written licensure examination that is legally
defensible and validated by testing professionals and industry experts.
The agency received comments from one organization, the Texas Industrial
Vocational Association. The Association expressed its support for a gradual
transition from the previously administered written examination developed
by the Commission to a national written examination provided by a national
testing service. The Association expressed concern that establishing a transition
date of April 1, 2003 would not allow the cosmetology educational industry
sufficient time to realign its course materials in order to adequately prepare
cosmetology students to pass the examination.
Although the position expressed by the Association is understood, the Commission
believes that it is imperative that the agency begin administering a fully
validated and legally defensible written examination as soon as possible as
is required by state law. That stated, the Commission recognizes the challenges
that any transition of this sort will present to the parties involved. However,
the Commission believes that the preparation resources currently available
to educators and potential examinees will sufficiently enable the parties
to adapt in a timely manner to the new examination.
The amendments are adopted pursuant to §1602.151 and §1602.154
of the Texas Occupations Code which authorize the commission to adopt rules
and set fees consistent with Chapter 1602 in order to implement the provisions
of that chapter.
This amendment implements §1602.259 of the Texas Occupations Code
concerning selection and administering of a written and practical examination.
§89.30.Examination Applications.
(a)
Application for examination must be filed and processed
and the examinee will be notified 10 days prior to his/her examination date.
The examination application consists of the verification of the applicant's
completion of the total hours and practical applications required, a statement
that the agreed tuition and fees have been tendered, or arrangements made
to tender the agreed tuition and fees, a current health certificate, not more
than one year old, and a current photograph. A copy of the student permit
and photograph must be posted in the school should the student continue to
attend to accrue hours between the time of application and date scheduled
for exam. The applicant for examination will be required to furnish a picture
I.D. that includes the date of birth prior to the exam from one of the following:
valid driver's license, a Texas Department of Public Safety identification
card, a military identification card, a current high school identification
card, a government issued identification card, or a resident alien card. No
other proof will be accepted. Students holding dates scheduled for exam who
do not appear without a seven-day notice to the commission of cancellation
may be denied scheduling for at least 60 days.
(b)
The commission shall contract with a national testing service
to purchase the written portion of the examinations for licensure in the fields
for which such written examinations are available.
(1)
In order to be scheduled by the commission for examination
on or after April 1, 2003, a separate application shall be submitted directly
to the national testing service by the examination applicants which includes
the applicant's name, social security number, permit or license number, language
in which they wish the test to be provided, and whether they are taking the
examination for the first time. The application to the national testing service
shall include the correct fee and be made payable by money order, cashier's
check, or certified check directly to the national testing service. No personal
checks will be accepted. The fee is nonrefundable.
(2)
In order to be scheduled for the examination, an applicant
who either fails to appear for a scheduled examination, or is otherwise required
to retake the examination, must forfeit previously paid fees and submit another
application and testing service fee to the national testing service directly.
(3)
The fee to be paid by examination applicants directly to
the national testing service is as follows:
(A)
$12.50 for a written test in English or Spanish
(B)
$14.25 for a written test in Vietnamese
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 February 24, 2003.
TRD-200301372
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.31
The Texas Cosmetology Commission adopts amendments to §89.31,
concerning the scoring methods used to grade commission licensure examinations
and concerning the performance required of students to pass commission licensure
examinations. The Commission adopts the amendments without changes to the
proposed text as published in the January 3, 2003, issue of the
Texas Register
(28 TexReg 21) and the text will not be republished.
The amendments specify that the practical examination and the written examination
will be graded separately and a student will receive an individual score for
each portion of the examination. The amendments further require that a student
receive a score of 70% on the practical portion and 70% on the written portion
in order to pass the examination. The amendments will ensure that persons
who obtain a cosmetology or specialty license in Texas will have both a theoretical
and practical expertise in the particular field for which they are licensed.
No comments were received regarding adoption of these amendments.
The amendments are adopted pursuant to §1602.151 of the
Texas Occupations Code which authorizes the commission to adopt rules consistent
with Chapter 1602 in order to implement the provisions of that chapter.
The amendment implements §1602.259 of the Texas Occupations Code which
authorizes the commission to select, develop, and administer both a practical
and written licensure examination.
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 February 24, 2003.
TRD-200301373
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: April 1, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.35
The Texas Cosmetology Commission adopts an amendment to §89.35,
governing the uniform requirements for cosmetology school students, certain
licensees and employees, and examination applicants. The Commission adopts
the amendment without changes to the proposed text as published in the January
3, 2003, issue of the
Texas Register
(28 TexReg
21) and the text will not be republished.
The amendment adds an additional requirement to subsection (a) to require
that cosmetology school students wear closed toe and heel shoes. The amendment
will minimize sanitation concerns with respect to both students and customers,
maximize safety, and promote an attitude of professionalism.
No comments were received regarding adoption of this amendment.
The amendment is adopted pursuant to §1602.151 of the Texas
Occupations Code which authorizes the commission to adopt rules consistent
with Chapter 1602 in order to implement the provisions of that chapter.
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 February 24, 2003.
TRD-200301374
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.39
The Texas Cosmetology Commission adopts amendments to §89.39,
concerning the licensing and inspection requirements of new salons. The Commission
adopts the amendments with changes to the proposed text as published in the
January 3, 2003, issue of the
Texas Register
(28
TexReg 22) and the text will be republished. The changes in the adopted text
insert the word "name" between the words "trade" and "of" in the last section
of subsection (a) of the text of the proposed amended text as published in
the January 3, 2003, issue of the
Texas Register
, insert a semicolon (";") at the end of the phrase in subsection (c)(6)(C)
of the proposed amended text as published in the January 3, 2003, issue of
the
Texas Register
, and insert a period (".")
at the end of the phrase in subsection (c)(6)(D) of the proposed amended text
as published in the January 3, 2003, issue of the
Texas Register
. The first change corrects the language in the proposed
amended text that inadvertently removed language the Commission did not intend
to delete, and the other changes are merely grammatical corrections.
The amendment replaces language in subsection (b)(4) to allow for a required
public restroom to be located in an adjoining property, thus making it more
feasible and less costly for new salons to comply with commission public restroom
requirements. The amendments further replace the technical numerical requirements
for shampoo bowls in a salon with general language requiring a sufficient
number of shampoo bowls, thus providing a more workable standard for new salons,
particularly as relates to large salons with a large amount of work stations.
Finally, the amendments clarify language in subsection (c)(6)(D) to avoid
confusion concerning what type of dryer is sufficient for hairweaving/braiding
salons.
No comments were received regarding adoption of these amendments.
The amendments are adopted pursuant to §1602.151(a) of the
Texas Occupations Code which authorizes the commission to establish sanitation
rules to prevent the spread of infectious or contagious diseases, and §1602.151(b)
which authorizes the commission generally to adopt rules consistent with Chapter
1602 in order to implement the provisions of that chapter.
The amendments implement §1602.302 which authorizes the commission
to establish the particular requisites for beauty shops.
§89.39.New Salon.
(a)
License requirements: Before a beauty or specialty salon
may open for business, the facility must obtain a license. The application
and fees must be submitted to the Texas Cosmetology Commission at least 45
days in advance of the anticipated opening date. The facility must be inspected
for approval as near to the opening date as possible. If the facility is licensed,
pending the inspection the salon may be open until the final approval is granted.
The facility will be given 10 work days to correct any deficiencies. No salon
may advertise, practice, or attempt to practice under the name or trade name
of another licensee under this Act.
(b)
Requirements for all salons:
(1)
Required floor space shall be a minimum of 150 square feet
for the first licensee and not less than 30 square feet for each additional
licensee. Dispensary, reception areas, restrooms, utility, heating and/or
cooling facilities and retail floor space are not included as working floor
space.
(2)
Carpeting is not allowed except in reception or offices.
(3)
A sink with hot and cold running water is required.
(4)
A restroom must be made available to the public within
the facility or on an adjoining property.
(5)
An identifiable sign with the salon's name must be displayed.
(6)
Closed container(s) for clean towels/linen.
(7)
Partially closed container(s) for soiled towels/linen.
(8)
One wet disinfectant soaking container.
(9)
A minimum of one dry storage container.
(10)
A minimum of one covered trash container.
(11)
The salon must be properly ventilated with an exhaust
fan or air filtering device extracting fumes and gases.
(12)
No cosmetology establishment shall, in any manner, represent
or permit representation to be made in its behalf that it is a barber shop,
whether made by use of a display or device similar to a barber pole or otherwise.
It may, however, advertise that services for males are available, with the
exception of trimming and/or shaving beards or mustaches.
(13)
Salon licenses will be issued as a specialty salon with
the notion which specialty is being practiced.
(c)
Additional requirements by specialty:
(1)
Beauty Salon:
(A)
one working station for each operator;
(B)
one styling chair for each operator;
(C)
an adequate or sufficient amount of shampoo bowls;
(D)
one dryer for each operator.
(2)
Manicure Salon:
(A)
one manicure table with light for each manicurist
(B)
one manicure stool for each manicurist
(C)
one professional client chair for each manicure station
(3)
Facial Salon:
(A)
one facial couch/chair for each facialist
(B)
one mirror for each facialist
(4)
Manicure/Facial Salon:
(A)
requirements for manicure salon, and
(B)
requirements for facial salon
(5)
Wig Salon
(A)
mannequin table, station, or styling bar to accommodate
a minimum of 10 hairpieces
(B)
one wig dryer
(C)
two canvas wig blocks
(6)
Hairweaving/Braiding Salon:
(A)
one work station for each hairweaver/braider
(B)
one styling chair for each hairweaver/braider
(C)
an adequate or sufficient amount of shampoo bowls;
(D)
one chair dryer/handheld dryer for each three hairweaver/braiders
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 February 24, 2003.
TRD-200301375
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.41
The Texas Cosmetology Commission adopts an amendment to §89.41,
concerning the change of location of a salon or school. The Commission adopts
the amendments with changes to the proposed text as published in the January
3, 2003, issue of the
Texas Register
(28 TexReg
22) and the text will be republished. The changes in the adopted text delete
the word "as" from between the words "address" and "within" in subsection
(a) of the text of the proposed amended rule as published in the January 3,
2003, issue of the
Texas Register
.
The amendments specify that a change of address of a salon or school must
be reported within 30 days of relocation, thus establishing an unambiguous
deadline that is more clearly verifiable by commission inspectors, and more
workable in terms of insuring that inspectors can coordinate their inspections
with the actual time when an establishment has opened for business in another
location. The amendments also provide further clarity within the rule that
re-inspections are required in all instances where a change of location of
a school or salon is involved, thus conforming the language of the rule to
already established agency practice.
No comments were received regarding adoption of these amendments.
The amendments are adopted pursuant to §1602.151 of the
Texas Occupations Code which authorizes the commission to adopt rules consistent
with Chapter 1602 in order to implement the provisions of that chapter.
The amendments specifically implement §1602.551 governing the authority
of commission inspectors to enter a license holder's facilities to ensure
compliance with state law and commission rules. The amendments also affect §§1602.301-305
which govern the commission's authority to prescribe rules for and inspect
school and salon facilities licensed by the commission.
§89.41.Change of Location of a Salon or School.
(a)
A salon or school may move and continue to operate with
the current license, but must be inspected and approved under the current
requirements in the new location. The salon or school must notify the commission
office in writing of the change of address within thirty (30) days of re-location.
All salon or school re-locations will require re-inspection.
(b)
When the commission receives notification of the change
of location, a form will be sent to the salon or school to be properly filled
out. The salon or school will mail the form back to the commission accompanied
with the appropriate inspection fee:
(1)
salon inspection fee - $35;
(2)
school inspection fee - $200.
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 February 24, 2003.
TRD-200301376
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.42
The Texas Cosmetology Commission adopts an amendment to §89.42,
concerning the requirements to make a restroom available in facilities licensed
by the commission. The Commission adopts the amendments without changes to
the proposed text as published in the January 3, 2003, issue of the
The amendment deletes language in the rule that currently allows that salons
licensed prior to September 1, 1971 will not be required to have restrooms
in direct connection with the salon, thus ensuring that all commission-licensed
facilities have public restrooms available in the vicinity. The amendment
further clarifies that all commission-licensed facilities are required to
have a restroom available to the public within the facility or located on
an adjoining property, thus making it more feasible and less costly for new
salons to comply with public restroom requirements. Finally, the amendment
requires only restrooms within the licensed facility to meet sanitary rules
and regulations, thus making clear that the commission's sanitary regulations
will not apply to restrooms not within the direct control of the salon owner.
No comments were received regarding adoption of these amendments.
The amendments are adopted pursuant to §1602.151(a) of the
Texas Occupations Code which authorizes the commission to establish sanitation
rules to prevent the spread of infectious or contagious diseases in all licensed
facilities, and §1602.151(b) which authorizes the commission generally
to adopt rules consistent with Chapter 1602 in order to implement the provisions
of that chapter.
The amendment affects §1602.302 which authorizes the commission to
establish the particular requisites for salons.
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 February 24, 2003.
TRD-200301377
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.43
The Texas Cosmetology Commission adopts amendments to §89.43,
concerning the items required to be posted in salons and schools licensed
by the commission. The Commission adopts the amendments without changes to
the proposed text as published in the January 3, 2003, issue of the
The amendments delete the language currently in subsection (c)(1) which
allows a school or salon to file with the commission a certification of its
normal business hours in lieu of displaying those hours so as to be visible
from the outside of the business. The amendments will ensure that customers
of a salon are provided with adequate information concerning the working hours
of the salon, and provide inspectors, upon arrival at a closed establishment,
with sufficient information to determine when to return. The amendments also
clarify that a school need not post its rules and regulations concerning behavior,
dress, attendance, and progress as long as that information is made available,
thus alleviating cumbersome posting requirements for schools while still requiring
the information to be available upon request.
No comments were received regarding adoption of these amendments.
The amendments are adopted pursuant to §1602.151 of the
Texas Occupations Code which authorizes the commission to adopt rules consistent
with Chapter 1602 in order to implement the provisions of that chapter.
The requirement to post hours of operation implements §1602.551 regarding
access of an inspector to a license holders' premises. No other statutes are
affected by these amendments.
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 February 24, 2003.
TRD-200301378
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.55
The Texas Cosmetology Commission adopts an amendment to §89.55,
concerning refresher courses provided by Texas cosmetology schools. The Commission
adopts the amendment without changes to the proposed text as published in
the January 3, 2003, issue of the
Texas Register
(28 TexReg 25) and the text will not be republished.
The amendment eliminates the current restriction preventing a licensee
in a refresher course from servicing clients in a school for more than a 60
calendar day period once every three years. The amendment will provide commission
licensees with the flexibility to determine their own needs with respect to
a refresher course.
No comments were received regarding adoption of this amendment.
The amendment is adopted pursuant to §1602.151 of the Texas
Occupations Code which authorizes the commission to adopt rules consistent
with Chapter 1602 in order to implement the provisions of that chapter.
The amendment affects §1602.456(b) concerning the ability of a school
to receive compensation for the services performed by certain persons.
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 February 24, 2003.
TRD-200301379
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.56
The Texas Cosmetology Commission adopts an amendment to §89.56,
concerning administrative processing fees. The Commission adopts the amendments
with a change to the proposed text as published in the January 3, 2003, issue
of the
Texas Register
(28 TexReg 25) and the
text will be republished. The change in the adopted text deletes the period
(".") located between the words "charged" and "to" in the second sentence
of the new re-numbered paragraph (2) of the proposed amended text as published
in the January 3, 2003, issue of the
Texas Register
. The change is merely a grammatical correction.
The amendment deletes current paragraph (2) thereby removing the prohibition
against sending personal checks to the commission. The amendment thus expands
the methods which can be used to make payments and maximizes the convenience
of the licensee. The amendment re-numbers the remaining subsections accordingly
and makes minor modifications to new paragraph (2) to clarify that all business
checks are acceptable as well.
No comments were received regarding adoption of this amendment.
The amendment is adopted pursuant to §1602.151 of the Texas
Occupations Code which authorizes the commission to adopt rules consistent
with Chapter 1602 in order to implement the provisions of that chapter. In
addition, the amendment is adopted pursuant to §1602.154 concerning the
authority of the commission to set certain fees in amounts reasonable and
necessary to cover the cost of administering this chapter.
§89.56.Administrative Processing Fees.
All schools, salons, independent contractors, and licensees will be
held responsible for the following.
(1)
Submitting incorrect material will result in a $10 processing
fee per submittal.
(2)
Business checks, money orders, and cashier's checks are
acceptable. Insufficient fund school checks will result in a $28 return check
fee being charged to the school. The second check sent to the commission must
be for the correct amount, with a $28 money order, cashier's check, or bank
check. If a second check is returned insufficient, an additional $28 insufficient
charge will be assessed. No services will be performed until the required
fees are paid and in good standing.
(3)
If personal checks are returned to the sender resulting
in acceptable payment being after the deadline, the license will be assessed
the late charge fee. Acceptable payment procedure must be completed before
the published deadline for the license.
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 February 24, 2003.
TRD-200301380
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.71
The Texas Cosmetology Commission adopts amendments §89.71,
concerning the procedures by which a new secondary or post-secondary public
cosmetology school may obtain certification from the commission. The Commission
adopts the amendments with changes to the proposed text as published in the
January 3, 2003, issue of the
Texas Register
(28
TexReg 26) and the text will be republished. The changes in the adopted text
substitute a semicolon (";") for the comma (",") between the words "offered"
and "and" in amended paragraph (5), and substitute a comma (",") for the semicolon
(";") at the end of amended paragraph (5) in the proposed amended text as
published in the January 3, 2003, issue of the
Texas
Register
. The changes are merely grammatical corrections.
The current rule lists the documentation which a public school cosmetology
program is required to submit to the commission in order to be considered
for certification by the commission. The amendment adds a new paragraph (6)
specifying that such applications for certification must include a $200 inspection
fee as part of the application to the commission. The amendment codifies already
existing policy and practice of the agency.
No comments were received regarding adoption of this amendment.
The amendment is adopted pursuant to implementation of §1602.304
of the Texas Occupations Code which authorizes the commission to charge an
inspection fee for each trip required before approval of the certificate.
The commission is further authorized by §1602.154 of the Code to set
fees, including renewal fees for licenses and certificates issued under chapter
1602, in amounts reasonable and necessary to cover the costs of administering
the chapter.
§89.71.New Secondary or Post-Secondary Public Cosmetology Certification.
An institution making application for public school cosmetology certification
must submit at least 45 days prior to the tentative opening date:
(1)
a detailed floor plan of the school;
(2)
proof of lease for the first consecutive 12 months of operation,
if off-campus facilities are used;
(3)
an application on a form prescribed by the commission;
(4)
an inspection report of fire marshal and electrical inspector;
(5)
a copy of the curriculum for each course offered; and,
(6)
Inspection fee $200.
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 February 24, 2003.
TRD-200301381
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.72
The Texas Cosmetology Commission adopts an amendment to §89.72,
which details the substantive curriculum requirements for the various specialties
recognized by the commission. The Commission adopts the amendments with changes
to the proposed text as published in the January 3, 2003, issue of the
The amendment deletes certain language in the shampoo and conditioning
specialist curriculum that limit the instruction involving application of
weekly rinses and semi-permanent rinses to those that do not require hydrogen
peroxide. The amendment will enable cosmetology students to have a greater
versatility of skills.
No comments were received regarding adoption of this amendment.
The amendment is adopted pursuant to §1602.151(a) of the
Texas Occupations Code which authorizes the commission to prescribe the minimum
curriculum taught by public and private cosmetology schools in Texas.
The amendment affects §1602.451 and §1602.453 of the Texas Occupation
Code which relate the curriculums used in a private beauty culture school.
§89.72.Curriculum Posted.
The curriculum listed has been established by the Texas Cosmetology
Commission and must be followed by all cosmetology schools. The curriculum
shall be posted in a conspicuous place in the school. A current syllabus and
lesson plans for each course shall be maintained by the school and be available
for inspection. Operator Curriculum:
(1)
Private, Public Post-Secondary Cosmetology Schools, and
Adult Education Programs:
(A)
orientation and T.C.C. Rules and Regulations 100 hours;
(B)
shampoo and related theory 100 hours;
(C)
hair and scalp treatment and related theory 50 hours;
(D)
cold waving and related theory 200 hours;
(E)
chemical hair relaxing and related theory 50 hours;
(F)
hair coloring and related theory 200 hours;
(G)
manicuring and related theory 100 hours;
(H)
facials and related theory 50 hours;
(I)
haircutting, styling and related theory 500 hours;
(J)
Chemistry 75 hours;
(K)
Salon Management and Practices 75 hours; Total: 1,500 hours.
(2)
Public Secondary Program for High School Students: The
Principal or Program Administrator must certify that each student has successfully
completed 1,000 clocked cosmetology hours before 500 academic hours can be
granted by the Texas Cosmetology Commission for successfully passing academically
approved courses to include math, lab science and English:
(A)
orientation and T.C.C. Rules and Regulations 75 hours;
(B)
shampoo and related theory 75 hours;
(C)
hair and scalp treatment and related theory 25 hours;
(D)
cold waving and related theory 100 hours;
(E)
chemical hair relaxing and related theory 50 hours;
(F)
hair coloring and related theory 150 hours;
(G)
manicuring and related theory 100 hours;
(H)
facials and related theory 25 hours;
(I)
haircutting, styling, and related theory 400 hours. Total:
1,000 hours.
(3)
Facial specialist curriculum (total 600 hours):
(A)
orientation and T.C.C. Rules and Regulations 25 hours;
(B)
sanitation, safety, and first aid 25 hours;
(C)
anatomy and physiology 90 hours;
(D)
chemistry 20 hours;
(E)
electricity, machines, and related equipment 60 hours;
(F)
care of client 15 hours;
(G)
facial treatment (cleansing, masking, therapy) 200 hours;
(H)
superfluous hair removal 20 hours;
(I)
aroma therapy 15 hours;
(J)
nutrition 10 hours;
(K)
color psychology 10 hours;
(L)
makeup 75 hours;
(M)
management 35 hours.
(4)
Manicure curriculum:
(A)
orientation and T.C.C. Rules and Regulations 15 hours;
(B)
preparation;
(C)
equipment and implements 15 hours;
(D)
supplies; and
(E)
procedures, 320 hours:
(i)
basic manicure and pedicure;
(ii)
oil manicure;
(iii)
removal of stains;
(iv)
repair work;
(v)
hand and arm massage;
(vi)
buffing;
(vii)
application of polish;
(viii)
application of artificial nails;
(ix)
application of cosmetic fingernails preparation
(x)
to build new nail; and
(xi)
application of nail extensions:
(I)
sculptured nails;
(II)
tips;
(III)
wraps; and
(IV)
fiberglass/gels;
(V)
odorless product;
(F)
arms and hands:
(i)
bones:
(I)
major bones; and
(II)
functions;
(ii)
muscles 10 hours;
(I)
major muscles; and
(II)
functions;
(iii)
nerves:
(I)
major nerves; and
(II)
functions;
(iv)
skin 10 hours:
(I)
structure;
(II)
functions;
(III)
appendages;
(IV)
conditions; and
(V)
lesions;
(v)
nails 50 hours:
(I)
structure and composition;
(II)
growth and regeneration;
(III)
nail irregularities; and
(IV)
nail diseases;
(G)
bacteriology, sanitation and safety measures 100 hours:
(i)
sanitation:
(I)
definitions;
(II)
importance;
(III)
rules and regulations (T.C.C.); and
(IV)
methods;
(ii)
safety measures;
(iii)
hazardous chemicals; and
(iv)
ventilation odor in salons;
(H)
professional practices 80 hours:
(i)
manicuring as a profession:
(I)
vocabulary; and
(II)
ethics;
(ii)
salon procedures:
(I)
hygiene and good grooming;
(II)
professional attitudes and salesmanship; and
(III)
public relations.
(I)
total, 600 hours.
(J)
Theory is construed to mean any topic of instruction (listed
in this subparagraph) in the classroom or practical area.
(5)
Instructor curriculum (total 750 hours):
(A)
orientation and T.C.C. Rules and Regulations 50 hours;
(B)
instruction and theory and lab/clinic operation 350 hours;
(C)
teaching and lab/clinic management 350 hours.
(6)
Instructor with two years experience curriculum (total
250 hours):
(A)
orientation and T.C.C. Rules and Regulations 10 hours;
(B)
learning theory 20 hours;
(C)
lesson plans 60 hours;
(D)
methods of teaching 60 hours;
(E)
visual aids preparation and use 20 hours;
(F)
classroom management 30 hours;
(G)
evaluation techniques 30 hours;
(H)
state laws and forms 20 hours.
(7)
Hairweaving/Braiding Specialists curriculum (total 300
hours): The hairweaver/braider will only be allowed to practice those skills
as enumerated in the hairweaving/braiding curriculum:
(A)
Sanitation and safety measures 10 hours:
(i)
Sanitation/Safety:
(I)
definitions;
(II)
importance;
(III)
sanitary rules and regulations, and also general rules
and regulations set up by TCC; and
(IV)
sterilization methods of unused hair
(V)
and fiber droppings;
(ii)
Safety measures: client protection for weaver/braider
10 hours;
(B)
Professional Practices:
(i)
Hairweaving/Braiding as a profession 10 hours:
(I)
vocabulary; and
(II)
ethics;
(ii)
salon procedures 10 hours:
(I)
hygiene and grooming;
(II)
professional attitudes and salesmanship;
(III)
public relations;
(iii)
Hairweaving/Braiding skills 20 hours:
(I)
purpose and effect;
(II)
equipment, implements and supplies;
(III)
preparation;
(C)
Hairweaving/Braiding 150 hours:
(i)
Procedures:
(I)
basic hairweaving/braiding;
(II)
repair on hairweaving/braiding;
(III)
removal of weft;
(IV)
sizing and finishing by hand of hair ends or by using
mechanical equipment.
(ii)
Shampooing client, weft and extensions 50 hours:
(I)
basic shampooing;
(II)
basic conditioners;
(III)
semi-permanent and weekly rinses;
(IV)
basic hair drying;
(V)
draping;
(D)
Anatomy and physiology-scalp:
(i)
Bones 20 hours:
(I)
major bones;
(II)
functions;
(ii)
Muscles:
(I)
major muscles;
(II)
functions
(iii)
Nerves:
(I)
major nerves;
(II)
functions
(iv)
Skin:
(I)
structures;
(II)
functions;
(III)
appendages;
(IV)
conditions;
(V)
lesions
(v)
Hair or fiber used 10 hours:
(I)
structure and composition;
(II)
hair regularities;
(III)
hair and scalp diseases
(E)
Chemistry in hairweaving/braiding:
(i)
Elements, compounds, and mixtures 10 hours;
(ii)
Composition and uses of cosmetics in hairweaving/braiding.
(8)
Shampoo and conditioning specialist curriculum (total 150
hours). Under no conditions will the certificate holder do any other skills
but those prescribed in this subparagraph by the commission:
(A)
professional practices 5 hours:
(i)
shampooing as a profession;
(ii)
vocabulary; and
(iii)
ethics;
(B)
salon procedures 5 hours:
(i)
hygiene and grooming;
(ii)
professional attitudes and salesmanship; and
(iii)
public relations;
(C)
shampooing and conditioning skills 10 hours:
(i)
purposes and effects;
(ii)
preparation;
(iii)
equipment and implements; and
(iv)
supplies;
(D)
procedures 100 hours:
(i)
basic shampoo techniques on all types of shampoo;
(ii)
application and removal of all types of conditioners;
(iii)
removal of hair color stains;
(iv)
application of weekly rinses or semi-permanent rinses;
(v)
removal of bleaches requiring shampoo;
(vi)
scalp and neck massage;
(vii)
removing hair tints requiring shampoo;
(viii)
cleansing and conditioning of all hair goods;
(ix)
hair and scalp analysis; and
(x)
scalp and hair manipulations;
(E)
scalp and neck; anatomy and physiology 10 hours:
(i)
bones:
(I)
major bones; and
(II)
functions;
(ii)
muscles:
(I)
major muscles;
(II)
functions;
(iii)
nerves:
(I)
major nerves; and
(II)
functions;
(iv)
blood:
(I)
major blood vessels;
(II)
functions;
(v)
skin:
(I)
structure;
(II)
functions;
(III)
appendages;
(IV)
condition; and
(V)
lesions;
(F)
chemistry of shampoo and conditioner 10 hours:
(i)
elements, compounds, and mixtures:
(I)
properties of;
(II)
acid and alkali (pH); and
(III)
chemistry of water;
(ii)
composition and uses of shampoo and conditioner;
(G)
sanitation and safety 10 hours:
(i)
sanitation;
(ii)
definitions;
(iii)
importance;
(iv)
TCC rules and regulations and sanitary rulings; and
(v)
methods.
(9)
Wig specialist curriculum (total 300 hours):
(A)
cutting and shaping, scissors and razor 20 hours;
(B)
styling 50 hours;
(C)
cleaning 10 hours;
(D)
sizing 5 hours;
(E)
alterations; installation of elastic 10 hours;
(F)
rolling 30 hours;
(G)
drying 5 hours;
(H)
conditioning 10 hours;
(I)
brushing technique prior to styling 10 hours;
(J)
combing out 50 hours;
(K)
measuring head for proper size 5 hours;
(L)
preparation of wig on block 5 hours;
(M)
hot iron 19 hours;
(N)
knowledge of coloring; J L 1 hour;
(O)
coloring, tinting, bleaching 37 hours;
(P)
eye tabbing 10 hours;
(Q)
identification and recognition; definition-wigs, wiggery,
wigology-pertaining to any human, synthetic, or animal hairpiece 10 hours;
(R)
sanitation and disinfecting as recommended by T.C.C. Rules
and Regulations 10 hours;
(S)
history, background, and salesmanship 3 hours.
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 February 24, 2003.
TRD-200301382
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
22 TAC §89.74
The Texas Cosmetology Commission adopts amendments to §89.74,
concerning programs for voluntary continuing education in cosmetology. The
Commission adopts the amendments without changes to the proposed text as published
in the January 3, 2003, issue of the
Texas Register
(28 TexReg 28) and the text will not be republished.
The amendment restates that a 10-minute break is permitted after each 50
minutes of instruction during continuing education programs. The amendment
clarifies previous language to avoid confusion as to the extent of break time
permitted for continuing education programs and avoids inconsistent application
of the rule in practice.
No comments were received regarding adoption of this amendment.
The amendment is adopted pursuant §1602.151 of the Texas
Occupations Code which authorizes the commission to adopt rules consistent
with Chapter 1602 in order implement the provisions of that chapter.
The amendment is adopted in conjunction with §1602.354 which authorizes
the commission to recognize, prepare, and administer continuing education
programs in cosmetology.
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 February 24, 2003.
TRD-200301383
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Effective date: March 16, 2003
Proposal publication date: January 3, 2003
For further information, please call: (512) 380-7608
Chapter 281.
ADMINISTRATIVE PRACTICE AND PROCEDURES
Subchapter A. GENERAL PROVISIONS
22 TAC §281.8
The Texas State Board of Pharmacy adopts amendments to §281.8,
concerning Grounds for Discipline for a Pharmacy License. The amendments are
adopted without changes to the proposed text as published in the December
20, 2002, issue of the
Texas Register
(27
TexReg 11890), and will not be republished.
The adopted amendments clarify the activities which could result in disciplinary
action being taken against the holder of a pharmacy license.
No comments were received regarding the amendments.
The amendments are adopted under §§551.002, 554.051,
and 565.002 of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, Texas
Occupations Code). The Board interprets §551.002 as authorizing the agency
to protect the public through the effective control and regulation of the
practice of pharmacy. The Board interprets §554.051 as authorizing the
agency to adopt rules for the proper administration and enforcement of the
Act. The Board interprets §565.002 as authorizing the agency to clarify
the activities which could result in disciplinary action being taken against
the holder of a pharmacy license.
The statutes affected by this rule: Chapters 551 - 566 and 568 - 569, Texas
Occupations Code.
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 February 20, 2003.
TRD-200301292
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: March 12, 2003
Proposal publication date: December 20, 2002
For further information, please call: (512) 305-8028
Subchapter A. ALL CLASSES OF PHARMACIES
22 TAC §§291.8, 291.12, 291.14 - 291.18, 291.29
The Texas State Board of Pharmacy adopts amendments to §291.8,
concerning Return of Prescription Drugs, §291.12, concerning Fire or
Other Disaster, §291.14, concerning Pharmacy License Renewal, §291.15,
concerning Notification of Theft or Loss of a Controlled Substance or a Dangerous
Drug, §291.16, concerning Definitions, §291.17, concerning Inventory
Requirements, §291.18, concerning Time Limit for Filing a Complaint,
and §291.29, concerning Exemption from Pharmacy Technician Certification
Requirements. The amendments are adopted without changes to the proposed text
as published in the December 20, 2002, issue of the
Texas Register
(27 TexReg 11891), and will not be republished.
The adopted amendments update statutory citations in these sections and
make other non-substantive changes.
No comments were received regarding the amendments.
The amendments are adopted under §551.002, and §554.051
of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, Texas Occupations
Code). The Board interprets §551.002 as authorizing the agency to protect
the public through the effective control and regulation of the practice of
pharmacy. The Board interprets §554.051 as authorizing the agency to
adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this rule: Chapters 551 - 566 and 568 - 569, Texas
Occupations Code.
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 February 20, 2003.
TRD-200301293
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: March 12, 2003
Proposal publication date: December 20, 2002
For further information, please call: (512) 305-8028
22 TAC §291.91, §291.93
The Texas State Board of Pharmacy adopts amendments to §291.91,
concerning Definitions, and §291.93, concerning Operational Standards.
The amendments are adopted without changes to the proposed text as published
in the December 20, 2002, issue of the
Texas Register
(27 TexReg 11893), and will not be republished.
The adopted amendments: (1) clarify drug storage requirements for Class
D pharmacies operating at temporary clinic sites; (2) permit Class D pharmacies
with expanded formularies to have beta adrenergic receptor blocking agents
under certain conditions; and (3) update citations and rule language to be
consistent with statutes.
One comment was received from the Rusk School Health Promotion Project
in Houston, Texas. The comment supports the change allowing dangerous (prescription)
drugs to remain on a mobile unit after hours. However, the comment disagrees
that the mobile unit should be parked at the location of the clinic pharmacy
and requests a change to allow the mobile unit to be parked at another secure
location. The Board disagrees with the change because the Texas Dangerous
Drug Act requires stock dangerous drugs to be in the possession of the pharmacy
license. In addition, use of a mobile clinic is not a requirement but an option.
Although the Board understands the concerns for personal safety of employees,
other security options are available.
The amendments are adopted under §§551.002, 554.051,
and 560.052 of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, Texas
Occupations Code). The Board interprets §551.002 as authorizing the agency
to protect the public through the effective control and regulation of the
practice of pharmacy. The Board interprets §554.051 as authorizing the
agency to adopt rules for the proper administration and enforcement of the
Act. The Board interprets §560.052 as authorizing the agency to establish
standards for licensing as a Class D pharmacy, including the types of drugs
allowed in the limited formulary.
The statutes affected by this rule: Chapters 551 - 566 and 568 - 569, Texas
Occupations Code.
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 February 20, 2003.
TRD-200301294
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: March 12, 2003
Proposal publication date: December 20, 2002
For further information, please call: (512) 305-8028
22 TAC §303.1, §303.2
The Texas State Board of Pharmacy adopts amendments to §303.1,
concerning Destruction of Dispensed Drugs, and §303.2, concerning Disposal
of Stock Prescription Drugs. The amendments are adopted without changes to
the proposed text as published in the December 20, 2002, issue of the
The adopted amendments make changes in the rule to correct references and
to reflect the current drug destruction policy of the Drug Enforcement Administration.
No comments were received regarding the amendments.
The amendments are proposed under §551.002 and §554.051
of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, Texas Occupations
Code). The Board interprets §551.002 as authorizing the agency to protect
the public through the effective control and regulation of the practice of
pharmacy. The Board interprets §554.051 as authorizing the agency to
adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this rule: Chapters 551 - 566 and 568 - 569, Texas
Occupations Code.
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 February 20, 2003.
TRD-200301295
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: March 12, 2003
Proposal publication date: December 20, 2002
For further information, please call: (512) 305-8028
Chapter 573.
RULES OF PROFESSIONAL CONDUCT
Subchapter G. OTHER PROVISIONS
Part 15.
TEXAS STATE BOARD OF PHARMACY
Chapter 291.
PHARMACIES
Subchapter E. CLINIC PHARMACY (CLASS D)
Chapter 303.
DESTRUCTION OF DANGEROUS DRUGS AND CONTROLLED SUBSTANCES
Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS