Part 4.
TEXAS COSMETOLOGY COMMISSION
Chapter 89.
GENERAL RULES AND REGULATIONS
22 TAC §89.5
The Texas Cosmetology Commission proposes amendments to §89.5
of the Commission's rules. Section 89.5 lists the fees charged for various
licenses issued by the commission and establishes timeframes within which
licensees must notify the commission of a change of address. The commission
proposes to add a new paragraph, §89.5(a)(5), stating that the fee charged
for an initial school license is $500 and the fee charged to renew a school
license is $200. The initial school license fee and renewal fee applies only
to private beauty culture school cosmetology programs.
The Commission further proposes to amend §89.5(d) to lengthen the
time in which individual licensees must notify the Commission of a change
of address from 10 days to 30 days.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for the first five-year period that the amendments are
in effect there will be no additional fiscal implications for state or local
governments as a result of enforcing or administering these amendments. The
proposed amendment concerning the license fee is not a substantive change
of commission policy or practice, but merely memorializes in the rule what
has for years been the standard policy and practice of the commission with
respect to the licensing of private cosmetology school programs. Accordingly,
this amendment to §89.5 has no fiscal implications with respect to commission
revenue.
Ms. Humphrey, also has determined that for each year of the first five
years the amendments proposing to add §89.5(a)(5) will be in effect,
the public benefit anticipated as a result of enforcing the amendments will
be to clarify the precise fees charged and collected by the Commission for
private beauty culture school licenses. The economic cost to persons required
to comply with this amendment for each year of the first five years that the
amendment proposed will be in effect are that each person or organization
seeking to operate a private beauty culture school will have to pay the initial
license fee of $500, as well as a $200 renewal fee on an annual basis thereafter.
With respect to amendment of §89.5(d), Ms. Humphrey, has determined
that for each year of the first five years the amendment as proposed will
be in effect, the public benefit anticipated as a result of enforcing the
amendment will be to enable 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. There is no anticipated economic
cost to persons who are required to comply with the amendment.
The amendments will have no impact on small businesses since the fee has
already long been the policy and practice of the commission and the amendment
merely codifies existing policy.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendment adding §89.5(a)(5) is proposed 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 to §89.5(d) is proposed 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.
There are no other statutes affected by these amendments.
§89.5.License Fees
(a)
The fees pertain to the following licensees at all times:
(1) - (4)
(No change.)
(5)
School Licenses (initial) $500 School
Licenses (renewal) $200
(b) - (c)
(No change.)
(d)
All licensees other than salons or private beauty culture,
vocational cosmetology, and post secondary schools must notify the commission
not later than
thirty (30)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208536
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.8
The Texas Cosmetology Commission proposes an amendment to §89.8,
concerning registration of students with the Commission for purposes of applying
for a student permit. 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 proposed amendment to §89.8(a)
seeks to remove the requirement that the student's enrollment contract be
submitted to the Commission along with his or her registration form.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendment
is in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the amendment.
Ms. Humphrey, also has determined that for each year of the first five
years the amendment is in effect, the public benefit anticipated as a result
of enforcing the amendment will be to remove cumbersome documentation requirements
which serve limited informational value. There is no anticipated economic
cost to persons who are required to comply with the amendment. The amendment
will not have an effect on small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendment to §89.8 is proposed 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.
There are no other statutes affected by these amendments.
§89.8.Student Registration.
(a)
For each student enrolling, transferring, or re-enrolling
in an introduction to cosmetology or cosmetology-related course in a school
of cosmetology, the school must submit a properly completed registration form,
[
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208537
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.9
The Texas Cosmetology Commission proposes an amendment to §89.9
which requires that student permits of students enrolled in a school be kept
in alphabetical order in an album in the school. The amendment seeks to change
the requirement of keeping the permits in alphabetical order from a mandatory
requirement to a preferred method.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendment
is in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the amendment.
Ms. Humphrey, also has determined that for each year of the first five
years the amendment is in effect, the public benefit anticipated as a result
of enforcing the amendment will be to avoid 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. There is no
anticipated economic cost to persons who are required to comply with the amendment.
The amendment will not have an effect on small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendment to §89.9 is proposed 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(a) governing the display
of student permits by a school.
There are no other statutes affected by this amendment.
§89.9.Student Permit
Each student must have a permit with a picture affixed in one album
in the school in which they are enrolled. The permits
should
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208538
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.11
The Texas Cosmetology Commission proposes an amendment to §89.11.
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 proposed
amendments to §89.11(a)(4) seek to clarify that students are required
to clock out when they leave the approved instructional facility for smoke
breaks. 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.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendments
are in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the amendments.
With regard to the amendment to §89.11(a)(4) requiring students to
clock out before leaving the building for smoke breaks, Ms. Humphrey, has
determined that for each year of the first five years the amendment is in
effect, the public benefit anticipated as a result of enforcing the amendment
will be to further clarify that leaving the facility for smoke breaks is not
to be credited as instructional time accrued to the student's hourly records.
The amendment will assist in avoiding abuses wherein which students who are
clocked in and accruing instructional time are not present within the facility
for extended periods of time. Unless students are required to clock out for
smoke breaks taken away from the instructional facility, there is no way for
a commission inspector to verify the length of time a student has been away
from the facility, or whether, in fact, the person was not present in the
facility for reasons unrelated to cosmetology instruction. 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.
There is no anticipated economic cost to persons who are required to comply
with the amendment. The amendment will not have an adverse effect on small
businesses.
With regard to the amendment to §89.11(a)(4) requiring that students
be under the supervision of a licensed instructor in instances where instruction
occurs on campus and outside the commission-approved facility, Ms. Humphrey,
has determined that for each year of the first five years the amendments are
in effect, the public benefit anticipated as a result of enforcing the amendment
will be to establish 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 taken. The amendment
does not represent a substantive change since §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.
There is no anticipated economic cost to persons who are required to comply
with the amendment. The amendment will not have an effect on small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendments to §89.11 are proposed 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. These amendments also implement §1602.451
which requires the holder of a private beauty culture school license to maintain
a daily record of student attendance.
The amendments 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.
These amendments do not affect any other statutes.
§89.11.Daily Attendance Register.
(a)
Each cosmetology school or program shall maintain a daily
record of attendance with each student personally punching the time clock.
Attendance records will be maintained in the school and available to authorized
personnel of the Texas Cosmetology Commission, for a period of 48 months after
the student completes or terminates attendance. All schools will be required
to use a time clock to track student hours. All schools shall be required
to post a sign at the time clock which states:
(1) - (3)
(No change.)
(4)
students leaving the facility for any reason,
including
smoke breaks,
must clock out, except if an instructional area on a campus
is located outside the approved facility, those areas must be approved by
the commission and the students must be under the supervision of a
licensed
instructor.
(A) - (C)
(No change.)
(b) - (c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208539
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.15
The Texas Cosmetology Commission proposes amendments to §89.15,
concerning authorization of various instructors licensed by the Texas Cosmetology
Commission. Section 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.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendments
are in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the amendment.
Ms. Humphrey, also has determined that for each year of the first five
years the amendments are in effect, the public benefit anticipated as a result
of enforcing the amendments will be to further clarify in the rules the authorization
granted to instructors licensed by the commission and to 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.
There is no anticipated economic cost to persons who are required to comply
with the amendments. The amendments will not have an effect on small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendments to §89.15(a), (b), and (c) are proposed pursuant
to §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. Section 1602.151 authorizes
the commission to adopt rules consistent with Chapter 1602 of the Texas Occupations
Code in order to implement the provisions of that chapter.
These amendments do not affect any other statutes.
§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 [
(b)
Manicure Specialty Instructor License. A Manicure Specialty
Instructor license authorizes the holder to instruct manicuring in any
Texas Cosmetology Commission
approved [
(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 [
(d) - (k)
(No change.)
(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
corporation
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208540
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.20
The Texas Cosmetology Commission proposes an amendment to §89.20,
concerning the length of coursework required to become eligible for a facial
specialist license. The commission seeks to amend §89.20(c) to increase
the number of hours of a facial specialist course in an approved school from
600 hours to 750 hours.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendment
is in effect, the fiscal implications for state or local governments as a
result of enforcing or administering the amendment are that public school,
junior college, and community college programs may incur limited additional
costs in order to lengthen their facial specialty courses by 150 hours in
order to comply with the rule. However, since most high school cosmetology
programs do not provide specialty courses, and since many junior college and
community college vocational programs will likely pass any added cost on to
the students through tuition increases, the costs ultimately incurred by such
governments agencies is likely to be minimal.
Ms. Humphrey, also has determined that for each year of the first five
years the amendment is in effect, the public benefit anticipated as a result
of enforcing the amendment will be to ensure that the educational requirements
for licensure as a facial specialist are sufficient to enable students to
become skilled and knowledgeable of the expanding subject material and recent
developments in the facial industry. (e.g. micro-dermabrasion, etc.)
The potential anticipated economic cost to persons who are required to
comply with the amendment is that students enrolling for a facial specialty
course in a private beauty culture school may be faced with increased tuition
as a result of the increased length of the course. In addition, with regard
to students enrolled in a facial specialty course in a high school vocational
program, such students may have graduation dates slightly later than otherwise.
The amendments will not have an adverse effect on small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendment to §89.20(c) is proposed pursuant to §1602.151(a)
of the Texas Occupations Code which authorizes the commission to prescribe
the minimum curriculum, including the subjects and the number of hours in
each subject, taught by private and public cosmetology schools. The amendment
also implements §1602.257 of the Texas Occupations Code which requires
the commission to prescribe the necessary coursework required to be eligible
for licensure as a facial specialist.
This amendment will affect §1602.453 concerning the requirements that
schools submit curriculum content and course length to the commission for
approval. The amendment does not affect any other statutes.
§89.20.Length of Courses.
(a) - (b)
(No change.)
(c)
Facial Specialist. A facial specialist course shall be
for
750
[
(d) - (e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208541
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.30
The Texas Cosmetology Commission proposes to amend §89.30,
concerning the application to take an examination for licensure in Texas.
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 commission first proposes to amend §89.30 to specify that a high
school identification card must be current to be accepted. Second, the commission
proposes to add 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. Finally, the commission proposes to 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 a an examination on or after April 1, 2003. The new subsection
would also describe 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.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendments
are in effect, there will be no fiscal implications for state or local government
as a result of enforcing or administering the amendments. All additional fees
which examination applicants will be required to pay for purchase of the examination
from the national testing service will be mailed by the students to the national
testing service directly and will not constitute revenue of the commission.
Ms. Humphrey, also has determined that for each year of the first five
years the amendments are in effect, the public benefit anticipated as a result
of enforcing the amendments will be to 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. In addition, 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 legal
defensible and fully-validated by testing professionals and industry experts.
The anticipated economic cost to persons who are required to comply with
the amendment is that students who are scheduled for an examination on or
after April 1, 2003 will be required to mail an additional application, along
with a fee of either $12.50 or $14.25 depending on the language in which they
wish the test to be provided, directly to the national testing service providing
the written licensure examination. Students who are required to retake the
examination due to failure or other reasons will be required to resubmit the
aforesaid fees directly to the national testing service.
The amendments will not have an effect on small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendments to §89.30 are proposed 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. In particular, this amendment implements §1602.259
of the Texas Occupations Code concerning selection and administering of a
written and practical examination.
No other statutes are affected by this amendment.
§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 requires
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 proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208542
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.31
The Texas Cosmetology Commission proposes to amend §89.31,
concerning the scoring methods used to grade commission licensure examinations
and concerning the performance required of students to pass commission licensure
examinations. Subsection (b) of §89.31 currently requires that, for the
licensure examinations listed in subsection (b), the practical portion of
the examination is given 2/3 weight and the written portion of the examination
is given 1/3 weight in order to produce a total composite grade. Subsection
(b) currently requires the student to make a composite score of 75% to pass
the examination.
The Commission proposes to amend subsection (b) of §89.31 such that,
with respect to the licensure examinations listed in subsection (b), 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 would 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.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendments
are in effect, there are no fiscal implications for state or local government
as a result of enforcing or administering the amendments.
Ms. Humphrey, also has determined that for each year of the first five
years the amendments are in effect, the public benefit anticipated as a result
of enforcing the amendments will be to 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. There are no anticipated
economic costs to persons who are required to comply with the amendments.
The amendments will not have an effect on small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendments to §89.31 are proposed 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.
No other statutes are effected by this amendment.
§89.31.Examination.
(a)
(No change.)
(b)
To pass
the operator, facial, manicure, wig,
hairweaving/braiding, and shampoo examinations,
the examinee must have
a score of seventy (70%) on the written exam and seventy (70%) on the practical
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208543
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.35
The Texas Cosmetology Commission proposes an amendment to §89.35,
governing the uniform requirements for cosmetology school students, certain
licensees and employees, and examination applicants. The amendment seeks to
add an additional requirement to subsection (a) to require that cosmetology
school students wear closed toe and heel shoes.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendment
is in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the amendment.
Ms. Humphrey, also has determined that for each year of the first five
years the amendment is in effect, the public benefit anticipated as a result
of enforcing the amendment will be to minimize sanitation concerns with respect
to both students and customers, maximize safety, and promote an attitude of
professionalism. There are no anticipated economic costs to persons who are
required to comply with the amendment. The amendment will not have an effect
on small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendment to §89.35 is proposed 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.
No other statutes are affected by this amendment.
§89.35.Uniforms.
(a)
Cosmetology school students shall wear a uniform of washable
material with armpits and chest covered as prescribed by the school. Tank
tops, lingerie, see-through fabric, topless and bottomless uniforms, and bare
feet are not allowed.
Students must wear closed toe and heel shoe.
(b) - (c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208544
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.39
The Texas Cosmetology Commission proposes to amend §89.39,
concerning the licensing and inspection requirements of new salons. The amendment
proposes to make certain technical changes with regard to the restroom and
equipment requirements of a new salon. Specifically, the amendment replaces
language in subsection (b)(4) to allow for a required public restroom to be
located in an adjoining property, replaces language in subsection (c)(1)(C)
and (6)(C) relating to the number of shampoos bowls required for certain facilities,
and clarifies language in subsection (c)(6)(D) relating to the type of dryers
required in a hairweaving/braiding salon.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendments
are in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the amendments.
Ms. Humphrey, also has determined that for each year of the first five
years the amendments are in effect, the public benefit anticipated as a result
of enforcing the amendments will be as follows: (1) The amendment to subsection
(b)(4) will make it more feasible and less costly for new salons to comply
with commission public restroom requirements by allowing such restrooms to
be on an adjoining property; (2) The amendment to subsection (c)(1)(C) and
(6)(C) replacing the technical numerical requirements for shampoo bowls in
a salon with general language requiring a sufficient number of shampoo bowls
provides a more workable standard for new salons, particularly as relates
to large salons with a large amount of work stations; (3) The amendment to
subsection (c)(6)(D) avoids confusion concerning what type of dryer is sufficient
for hairweaving/braiding salons.
There are no anticipated economic costs to persons who are required to
comply with the amendments. The amendments will not have an adverse effect
on small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendments to §89.39 are proposed 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, §1602.302
which authorizes the commission to establish the particular requisites for
beauty shops, 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.
No other statutes are affected by these amendments.
§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 [
(b)
Requirements for all salons:
(1) - (3)
(No change.)
(4)
A restroom must be
made available to the public within
the facility or on an adjoining property
[
(5) - (13)
(No change.)
(c)
Additional requirements by specialty:
(1)
Beauty Salon:
(A) - (B)
(No change.)
(C)
an adequate or sufficient amount of shampoo bowls
[
(D)
(No change.)
(2) - (5)
(No change.)
(6)
Hairweaving/Braiding Salon:
(A) - (B)
(No change.)
(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 proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208545
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.41
The Texas Cosmetology Commission proposes an amendment to §89.41,
concerning the change of location of a salon or school. This section specifies
the procedures, notification deadlines, and inspection requirements involved
in the change of location of a salon or school. The amendments specify that
a change of address of a salon or school must be reported within 30 days of
relocation. The amendments also restate that all salon or school relocations
will require a re-inspection.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendments
are in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the amendments. With respect to
the requirement for re-inspection, the amendment does not involve a substantive
change in policy or practice, but merely restates and further clarifies what
has long been the policy and practice of the commission pursuant to its rules.
Ms. Humphrey, also has determined that for each year of the first five
years the amendments are in effect, the public benefit anticipated as a result
of enforcing the amendments will be that the deadline stated in the rule for
reporting of a change of address will be unambiguous, 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 amendment also provides 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.
There are no anticipated economic costs to persons who are required to
comply with the amendments. The amendments will not have an effect on small
businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendments to §89.41 are proposed 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 - 1602.305 which govern
the commission's authority to prescribe rules for and inspect school and salon
facilities licensed by the commission. The amendments do not effect any other
statutes.
§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 as
within thirty (30) days
of re-location. All salon or school re-locations will require re-inspection.
[
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208546
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.42
The Texas Cosmetology Commission proposes an amendment to §89.42,
concerning the requirements to make a restroom available in facilities licensed
by the commission. The amendment proposes to delete 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. 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. Finally, the amendment would require only restrooms
within the licensed facility to meet sanitary rules and regulations.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendment
is in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the amendment.
Ms. Humphrey, also has determined that for each year of the first five
years the amendments are in effect, the public benefit anticipated as a result
of enforcing the amendments will be to ensure that all commission-licensed
facilities have public restrooms available in the vicinity, to make it more
feasible and less costly for new salons to comply with public restroom requirements
by allowing such restrooms to be on an adjoining property, and to make clear
that the commission's sanitary regulations will not apply to restrooms not
within the direct control of the facility licensee.
There are no anticipated economic costs to persons who are required to
comply with the amendments. The commission is unaware of any facilities which
have had their licenses issued prior to 1971 and which also continue to lack
a restroom available to the public within or adjoining the facility. Furthermore,
to the extent that there might be a small number of licensees who remain in
a facility that was issued a license prior to 1971, building codes in those
regions should more than likely ensure that owners of a commercial property
undertake the necessary renovations to comply with requirements of the amendment.
Futhermore, the amendment may reduce costs of compliance with commission
standards by enabling many licensed facilities to fulfill the restroom requirements
simply by having a restroom available on an adjoining property such as an
office building. The amendments will not have an adverse affect on small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendments to §89.42 are proposed 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 also affects §1602.302 which authorizes the commission
to establish the particular requisites for beauty shops. No other statutes
are affected by these amendments.
§89.42.Restrooms.
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208547
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.43
The Texas Cosmetology Commission proposes amendments to §89.43,
concerning the items required to be posted in salons and schools licensed
by the commission. The section currently requires schools and salons to post,
among other things, the establishment's normal business hours. Schools are
also currently required to post their behavioral rules and regulations. The
amendments seek to 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 amendment also clarifies that a school
need not post its rules and regulations concerning behavior, dress, attendance,
and progress as long as that information is made available.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendment
is in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the amendment.
Ms. Humphrey, also has determined that for each year of the first five
years the amendments are in effect, the public benefit anticipated as a result
of enforcing the amendments will be to ensure that customers of a salon are
provided with adequate information concerning the working hours of the salon,
and to provide inspectors, upon arrival at a closed establishment, with sufficient
information to determine when to return. With respect to removing the requirement
that schools post their rules and regulations regarding behavior, dress, attendance,
and progress, the amendment will alleviate cumbersome posting requirements
for schools while still requiring the information to be available upon request.
There are no anticipated economic costs to persons who are required to
comply with the amendments. The amendments will not affect small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendments to §89.43 are proposed 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 also implements §1602.551
regarding access of inspector to a license holders' premises.
No other statutes are affected by these amendments.
§89.43.Items to be Posted in Salon or School.
(a) - (b)
(No change.)
(c)
Each establishment at which the instruction or practice
of cosmetology is being conducted shall prominently display to the public
its normal business hours.
(1)
The normal business hours of the establishment must be
displayed so as to be visible from the outside of the business and shall be
located at or near the main entrance of the establishment. [
(2)
Schools must
make available
[
(3)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208548
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.47
The Texas Cosmetology Commission proposes an amendment to §89.47,
concerning the services that may be provided by a facial specialty salon.
The amendment proposes to add a new subsection (a)(7) to the list of services
that a facial specialty salon may provide. That new subsection would include
micro-dermabrasion as a service which a facial specialty salon can provide.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendment
is in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the amendment.
Ms. Humphrey, also has determined that for each year of the first five
years the amendment is in effect, the public benefit anticipated as a result
of enforcing the amendment will be to clarify confusion concerning whether
micro-dermabrasions can be provided by licensed facial specialty shops, while
also providing a means by which to more adequately regulate the activity on
behalf of the public.
There are no anticipated economic costs to persons who are required to
comply with the amendment. The amendments will not adversely affect small
businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendment to §89.47 is proposed 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 particular, the amendment implements or otherwise affects §1602.305
concerning the issuance of specialty shop licenses.
No other statutes are affected by this amendment.
§89.47.Definition of a Facial Specialty Salon.
(a)
A facial specialty salon is an establishment where only
the following services may be performed:
(1) - (6)
(No change.)
(7)
micro-dermabrasion
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208549
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.55
The Texas Cosmetology Commission proposes an amendment to §89.55,
concerning refresher courses provided by Texas cosmetology schools. Section
89.55 generally allows a person already licensed by the commission to enroll
in a refresher course and service clients in a school for a limited period
of time without receiving compensation. The amendment seeks to eliminate 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 would do away with any restriction concerning the length
of time a licensee can enroll and perform services in a school's refresher
course.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendment
is in effect there will be no fiscal implications for state or local governments
as a result of enforcing or administering the amendment.
Ms. Humphrey, also has determined that for each year of the first five
years the amendment is in effect, the public benefit anticipated as a result
of enforcing the amendment will be to provide commission licensees with the
flexibility to determine their own needs with respect to a refresher course.
There are no anticipated economic costs to persons who are required to comply
with the amendment. The amendments will not affect small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendment to §89.55 is proposed 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 otherwise affects §1602.456(b) concerning
the ability of a school to receive compensation for the services performed
by certain persons.
No other statutes are affected by this amendment.
§89.55.Refresher Courses/Schools Performing Services.
Schools of cosmetology may enroll applicants for a refresher course.
A person who holds a valid Texas license may service clients in the school
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208550
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.56
The Texas Cosmetology Commission proposes an amendment to §89.56,
concerning administrative processing fees. This section specifies the policies
of the commission relating to acceptance of checks and money orders and assesses
administrative fees in certain instances. The proposed amendment seeks to
delete current paragraph (2) thereby removing the prohibition against sending
personal checks to the commission. The proposed amendment re-numbers the remaining
paragraphs accordingly and makes minor modifications to new paragraph (2)
to clarify that all business checks are acceptable as well. Finally, the proposed
amendment insures that administrative fees for insufficient fund checks are
uniformly applied to all business and personal checks.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendment
is in effect there will be some limited fiscal implications for state or local
governments as a result of enforcing or administering the amendment. In particular,
it is expected that the commission's acceptance of personal checks of individuals
will result in a certain proportion of those checks being returned for insufficient
funds. Since the agency has not yet accepted personal checks on a large scale,
the agency does not have sufficient data at this time to determine the precise
percentage of checks that should be expected to fall in the return category,
the proportion of those returned checks which will likely remain unpaid, and
the proportion of those checks that will result in the collection of the assessment
fee prescribed by §89.56.
Ms. Humphrey, also has determined that for each year of the first five
years the amendment is in effect, the public benefit anticipated as a result
of enforcing the amendment will be that the commission will uniformly accept
all checks from either a school, salon, or individual, thus expanding the
methods which can used to make payments and maximizing the convenience of
the licensee.
The probable economic costs to persons who are required to comply with
the amendment is that those who send checks for "insufficient funds" will
be required to cover the cost of the bounced check, pay an added administrative
fee, and possibly be required to pay additional late charges relating to licensure
deadlines that have been missed as a result of the check not being accepted.
The amendments will not affect small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendment to §89.56 is proposed 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 proposed 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.
The amendment also affects §1602.352 of the Texas Occupations Code
relating to various license renewal fees, delinquency charges and other charges
that may result from check payments being returned late. No other statutes
are affected by this amendment.
§89.56.Administrative Processing Fees.
All schools, salons, independent contractors, and licensees will be
held responsible for the following.
(1)
(No change.)
[(2)
The commission does not accept personal
checks. Personal checks sent to the commission will be returned and a $10
processing fee will be charged.]
(2)
[
(3)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208551
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.71
The Texas Cosmetology Commission proposes to amend §89.71,
concerning the procedures by which a new secondary or post-secondary public
cosmetology school may obtain certification from the commission. 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 proposed amendment would add a new paragraph (6) specifying
that such applications for certification must include a $200 inspection fee
as part of the application to the commission.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendment
is in effect there will be no fiscal implications for state or local governments
as a result of enforcing or administering the amendment. The proposed amendment
is not a substantive change of commission policy or practice, but merely codifies
in the rule what has already been the standard policy and practice of the
commission with respect to the inspection fee for certification of a public
school cosmetology program. Accordingly, the rule has no fiscal implications
with respect to either commission revenue or the costs incurred by local school
districts.
Ms. Humphrey, has also determined that for each year of the first five
years the amendment is in effect, the public benefit anticipated as a result
of enforcing the amendment will be to memorialize in the rules what is already
current practice concerning the inspection fee charged to public schools for
certification with the commission.
The probable economic cost to persons required to comply with this amendment
for each year of the first five years that the amendment proposed will be
in effect are that each secondary or post-secondary public school cosmetology
program will be required to pay a $200 inspection fee for each inspection
trip required prior to the commission issuing certification to the school.
The amendment will not affect small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendment to §89.71 is proposed 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.
There are no other statutes affected by this amendment.
§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) - (3)
(No change.)
(4)
an inspection report of fire
marshal
[
(5)
a copy of the curriculum for each course offered,
and
;
(6)
Inspection fee $200.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208552
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.72
The Texas Cosmetology Commission proposes an amendment to §89.72,
which details the substantive curriculum requirements for the various specialties
recognized by the commission. The amendment proposes to delete 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.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendment
is in effect there will be no fiscal implications for state or local governments
as a result of enforcing or administering the amendment
Ms. Humphrey, also has determined that for each year of the first five
years the amendment is in effect, the public benefit anticipated as a result
of enforcing the amendment will be to enable cosmetology students to have
a greater versatility of skills with respect to application of certain weekly
rinses.
There are no anticipated economic costs to persons who are required to
comply with the amendment. The amendment will not affect small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendment to §89.72 is proposed 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 to §89.72 will affect §1602.451 and §1602.453
of the Texas Occupation Code which relate the curriculums used in a private
beauty culture school. No other statutes are affected by this amendment.
§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) - (6)
(No change.)
(7)
Hairweaving/Braiding Specialists curriculum (total 300
hours): The hairweaver/braider will only be allowed to practice those skills
as enumerated in [
(A) - (B)
(No change.)
(C)
Hairweaving/Braiding 150 hours:
(i)
Procedures:
(I) - (III)
(No change.)
(IV)
sizing and finishing by hand of hair ends [
(ii)
(No change.)
(D) - (E)
(No change.)
(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) - (C)
(No change.)
(D)
procedures 100 hours:
(i) - (iii)
(No change.)
(iv)
application of weekly rinses or semi-permanent rinses
[
(v) - (x)
(No change.)
(E) - (G)
(No change.)
(9)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208553
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
22 TAC §89.74
The Texas Cosmetology Commission proposes to amend §89.74,
concerning programs for voluntary continuing education in cosmetology. That
section describes the criteria and verification requirements for acceptance
of hours of continuing education by the commission. The commission proposes
to amend subsection (g) concerning appropriate time limits for breaks taken
during a continuing education program. Specifically, the amendment would strike
language limiting the number and time limit of breaks in a four hour period
and restate that a 10-minute break is permitted after each 50 minutes of instruction.
Antoinette Humphrey, Executive Director of the Texas Cosmetology Commission,
has determined that for each year of the first five-years that the amendment
is in effect there will be no fiscal implications for state or local governments
as a result of enforcing or administering the amendment
Ms. Humphrey, also has determined that for each year of the first five
years the amendment is in effect, the public benefit anticipated as a result
of enforcing the amendment will be to avoid confusion as to the extent of
break time permitted for each hour of instruction and avoid inconsistent application
of the rule in practice.
There are no anticipated economic costs to persons who are required to
comply with the amendment. The amendment will not affect small businesses.
Comments may be submitted to Stephen Vigorito, Texas Cosmetology Commission,
P.O. Box 26700, Austin, Texas 78755-0700, (512) 380-7608. Comments may also
be submitted electronically to stephen.vigorito@txcc.state.tx.us or faxed
to (512) 374-1564.
The amendment to §89.74 is proposed 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 proposed in conjunction with §1602.354 which authorizes
the commission to recognize, prepare, and administer continuing education
programs in cosmetology.
No other statutes are affected by the amendment.
§89.74.Program for Voluntary Continuing Education.
(a) - (f)
(No change.)
(g)
The credit will accrue at one hour of credit for each 50
minutes of classroom instruction,
with a 10-minute break
. [
(h) - (l)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2002.
TRD-200208554
Antoinette Humphrey
Executive Director
Texas Cosmetology Commission
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 380-7608
Chapter 184.
SURGICAL ASSISTANTS
22 TAC §§184.4, 184.6, 184.8
The Texas State Board of Medical Examiners proposes amendments
to §§184.4, 184.6, and 184.8, concerning licensure documentation,
licensure renewal and examination. The amendments allow the board to prorate
the initial annual renewal fees in order to set up a system to have surgical
assistants renew their license on the same date and to clarify several other
sections of the rule.
Michele Shackelford, General Counsel, Texas State Board of Medical Examiners,
has determined that for the first five-year period the amendments are in effect
there will be no fiscal implications to state or local government as a result
of enforcing the rules as proposed.
Ms. Shackelford also has determined that for each year of the first five
years the amendments as proposed are in effect the public benefit anticipated
as a result of enforcing the sections will be clarification of rules and to
prorate annual renewal system. There will be no effect on small or micro businesses.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendments are proposed under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
The following are affected by the proposed amendments: Texas Occupations
Code Annotated, Chapter 206, Subchapter E.
§184.4.Qualifications for Licensure.
(a)
Except as otherwise provided in this section, an individual
applying for licensure must:
(1) - (10)
(No change.)
(11)
pass an independently evaluated surgical
or first
assistant examination approved by the board;
(12) - (16)
(No change.)
(b)
An applicant who submits an application before September
1, 2002 must provide documentation that the applicant has passed
a surgical
or first assistant
[
(1) - (3)
(No change.)
(c)
(No change.)
§184.6.Licensure Documentation.
(a)
(No change.)
(b)
Documentation required of all applicants for licensure.
(1) - (3)
(No change.)
(4)
Certification. All applicants must submit:
(A)
(No change.)
(B)
a certificate of successful completion of an educational
program whose curriculum includes surgical assisting submitted directly from
the program [
(5) - (6)
(No change.)
(7)
License verifications. Each applicant for licensure who
is licensed, registered, or certified in another state must have that state
submit directly to the board, [
(c)
(No change.)
§184.8.License Renewal.
(a)
(No change.)
(b)
The board may prorate the length of the
initial surgical assistant registration and registration fees, so that registrations
expire on a single date, regardless of the board meeting at which the surgical
assistant is licensed.
(c)
[
(d)
[
(e)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 20, 2002.
TRD-200208462
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 305-7016
The Texas State Board of Medical Examiners proposes amendments to §187.18
and §187.39, concerning procedural rules. The amendments regard costs
of administrative hearings and informal settlement conferences based on personal
appearance.
Michele Shackelford, General Counsel, Texas State Board of Medical Examiners,
has determined that for the first five-year period the amendments are in effect
there will be no fiscal implications to state or local government as a result
of enforcing the rules as proposed.
Ms. Shackelford also has determined that for each year of the first five
years the amendments as proposed are in effect the public benefit anticipated
as a result of enforcing the sections will be updated regulations. There will
be no effect on small or micro businesses.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
Subchapter B. INFORMAL BOARD PROCEEDINGS
22 TAC §187.18
The amendments are proposed under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
The following are affected by the proposed amendments: Texas Occupations
Code Annotated, Chapter 164, Subchapter A.
§187.18.Informal Show Compliance Proceeding and Settlement Conference Based on Personal Appearance ("ISC").
(a)
Notice of the ISC shall be extended to the licensee
and the complainant(s) in writing, by hand delivery, regular mail, certified
mail - return receipt requested, overnight or express mail, courier service,
or registered mail, to the address of record of the complainants and the address
of record of the licensee or the licensee's authorized representative to be
received at least ten days prior to the date of the ISC. The notice shall
include the time, date, and location of the ISC; the rules governing the proceeding;
the deadline for submitting any additional material for presentation to the
board representatives; and a brief written statement of the nature of the
allegations to be addressed at the ISC.
[
(b)
Unless a timely written request from the licensee
for an informal show compliance proceeding based on written information is
received, the licensee shall be scheduled to appear in person for an ISC with
one or more board representatives.
[
(c) - (d)
(No change.)
(e)
The ISC shall allow:
(1) - (6)
(No change.)
(7)
questioning of the witnesses
in a manner prescribed
by the panel
;
(8) - (10)
(No change.)
(f)
The board representatives, board staff, the licensee,
and the licensee's authorized representative shall be present during the presentation
of statements and testimony during the ISC.
[
(g)
Notwithstanding subsection (f) of this
section, the board representatives may allow the person alleged to have suffered
harm due to actions of the licensee to testify outside the physical presence
of the licensee to protect the person from harassment and/or undue embarrassment,
for personal safety concerns, or for any other demonstrated and legitimate
need. If such testimony is allowed, arrangements will be made to allow the
licensee to listen to the testimony contemporaneously as it is given.
(h)
[
(i)
[
(j)
[
(k)
[
(l)
[
(m)
[
(n)
[
(o)
[
(p)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 20, 2002.
TRD-200208463
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 305-7016
22 TAC §187.39
The amendments are proposed under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
The following are affected by the proposed amendments: Texas Occupations
Code Annotated, Chapter 164, Subchapter A.
§187.39.Costs of Administrative Hearings.
(a) - (b)
(No change.)
(c)
Appeal. The costs of transcribing the testimony and preparing
the record for an appeal by judicial review shall be paid by the
party
who appeals
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208466
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 305-7016
22 TAC §§191.1, 191.3, 191.5
The Texas State Board of Medical Examiners proposes amendments
to §§191.1, 191.3 - 191.5, concerning district review committees.
The amendments are necessary for general clean up to the chapter.
Elsewhere in this issue of the
Texas Register
, the Texas State Board of Medical Examiners contemporaneously proposes
the rule review of Chapter 191.
Michele Shackelford, General Counsel, Texas State Board of Medical Examiners,
has determined that for the first five-year period the amendments are in effect
there will be no fiscal implications to state or local government as a result
of enforcing the rules as proposed.
Ms. Shackelford also has determined that for each year of the first five
years the amendments as proposed are in effect the public benefit anticipated
as a result of enforcing the sections will be current and updates rules. There
will be no effect on small or micro businesses.
Comments on the proposal may be submitted to Pat Wood, P.O. Box 2018, MC-901,
Austin, Texas 78768-2018. A public hearing will be held at a later date.
The amendments are proposed under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
The following are affected by the proposed amendments: Texas Occupations
Code Annotated, §§163.001-163.005.
§191.1.Purpose.
The purpose of this chapter is to establish district review committees
as required by
the Medical Practice Act, Tex. Occ. Code Ann. §§163.001
- 163.005.
[
§191.3.Committee Meetings.
[(a)
At the first committee meeting following
the appointment of a new member to the committee, and at other times as the
committee feels appropriate, an election shall be held to elect a chairman,
vice chairman, and reporting secretary. If more than two candidates contest
an election, and if no candidate receives a majority on the first ballot,
a second ballot will be conducted between the two candidates receiving the
highest number of votes.]
(a)
[
(b)
[
(c)
[
[(e)
All elections and other issues requiring
a vote of the committee shall be decided by a simple majority of the committee
members present. A quorum for transaction of business by the committee shall
be one more than half of the committee's membership at the time of the meeting.]
(d)
[
§191.4.Activities and Scope of Authority.
[(a)
After appropriate orientation and training
by the board and the disciplinary process review committee, one of the district
review committees selected on a rotating basis shall, when requested by the
executive director, meet in a location in Texas designated by the executive
director to review multiple liability claim files and make recommendations
for each respective investigative file to the board or the board's investigative
staff as may be appropriate and applicable.]
(a)
[
(b)
[
(c)
[
(d)
[
§191.5.Per Diem and Expenses.
Each district review committee [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 20, 2002.
TRD-200208467
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Earliest possible date of adoption: February 2, 2003
For further information, please call: (512) 305-7016
10
] days following any change
of address. The commission may send all notices on other information required
by The Cosmetology Act or any commission rule to any licensee's last known
address on file with the commission.
with a copy of the student's enrollment contract and
] a $25 fee,
to the commission office within ten 10 days of enrollment in order for the
student to receive credit for hours accrued.
must
] be in alphabetical order.
private
] 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.
private
] 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.
private
]
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 11/2 inches of the licensee shall
be attached to the front of the license.
corporations
] must certify that they are exempt and specify
the reason.
600
] hours in an approved school.
are scored on a 2/3 practical and 1/3 written grade. The examinee
must make a composite score of 75 percent to pass the examination
].
name
] of another licensee under this Act.
directly connected to
the salon with a sink or a public restroom available for client use
].
a minimum of one shampoo bowl and shampoo chair for each three
operators
];
a minimum of one shampoo bowl and shampoo chair for each three
hairweaver/braiders
]
soon as the change of address becomes available.
]
All licensed salons issued licenses prior to September 1, 1971,
will not be required to have restrooms in direct connection with said salon.
] If a restroom is provided for clients or operators, then the Texas
Cosmetology Commission reserves the right to inspect said facility.
All licensed facilities
[
after September 1, 1971,
] will be
required to have a restroom with sink and commode, or have a public restroom
available
to the public within the facility or located on an adjoining
property
. Restrooms
within the facilities
must meet all sanitary
rules and regulations in regard to sanitation.
In lieu of
the foregoing requirements, the licensee shall file with the commission a
certification of its normal business hours.
]
post
]
rules and regulations on behavior, attendance, dress, and progress, and the
school may suspend or terminate a student for noncompliance. Schools must
place the current commission rules and regulations book in a place where it
will be readily accessible to students.
for a 60 calendar day period of time once every three years
].
The school may receive compensation for services performed by a student holding
a valid Texas license; however, the student may not receive compensation.
(3) School
] 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.
(4)
] 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.
marshall
]l and electrical inspector; [
and
]
the
] hairweaving/braiding curriculum:
or by
using
] mechanical equipment.
not requiring hydrogen peroxide
];
No more than one break of 30 minutes per four hours of instruction will be
allowed. No more than two breaks can be given in each four-hour period of
instruction.
]
Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
an
] examination required for certification
by one of the following certifying boards:
on a form provided the board
], unless the applicant
qualifies for the special eligibility provision regarding education under §184.4(c)
of this title (relating to Qualifications for Licensure).
on a form provided by the board,
]
that the applicant's license, registration, or certification is current and
in full force and that the license, registration, or certification has not
been restricted, suspended, revoked or otherwise subject to disciplinary action.
The other state shall also include a description of any sanctions imposed
by or disciplinary matters pending in the state.
(b)
] The board shall provide written
notice to each practitioner at the practitioner's address of record at least
30 days prior to the expiration date of the license.
(c)
] Within 30 days of a surgical
assistant's change of mailing, residence or office address from the address
on file with the board, a surgical assistant shall notify the board in writing
of such change.
(d)
] Falsification of an affidavit
or submission of false information to obtain renewal of a license shall subject
a surgical assistant to denial of the renewal and/or to discipline pursuant
to §206.301 of the Act.
Chapter 187.
PROCEDURAL RULES
If there is no written
request for an informal show compliance proceeding based on written information,
the licensee shall be scheduled to appear for an ISC with one or more board
representatives.
]
Notice of the ISC shall be
extended to the licensee and the complainant(s) in writing, by hand delivery,
regular mail, certified mail - return receipt requested, overnight or express
mail, courier service, or registered mail, to the address of record of the
licensee or the licensee's authorized representative to be received at least
ten days prior to the date of the ISC. The notice shall include the time,
date, and location of the ISC; the rules governing the proceeding; the deadline
for submitting any additional material for presentation to the board representatives;
and a brief written statement of the nature of the allegations to be addressed
at the ISC.
]
The board representatives
may exclude from the ISC all persons except witnesses during their testimony
or presentation of statements, the licensee, the licensee's authorized representative,
board representatives, and board staff.
]
(g)
] All evidence that a licensee
wishes the board representatives to consider at the ISC must be submitted
to the board at least seven days before the ISC. The board representatives
may refuse to consider any evidence not submitted in a timely manner. If the
board representatives allow the licensee to submit late evidence, the representatives
may reschedule and/or assess an administrative penalty for the late submission.
(h)
] During the ISC, the board's
legal counsel shall be present to advise the board representatives or the
board's employees.
(i)
] At the ISC, the board representatives
shall attempt to resolve disputed matters and the representatives may call
upon the board staff at any time for assistance in conducting the ISC.
(j)
] The board representatives shall
prohibit or limit access to the board's investigative file by the licensee,
the licensee's authorized representative, the complainant(s), witnesses, and
the public consistent with Act,
§164.007
[
§164.006
].
(k)
] Although the participants may
make notes, mechanical or electronic recordings shall not be made of the ISC,
settlement discussions, or mediation efforts.
(l)
] The ISC shall be informal and
shall not follow the procedures established under this title for formal board
proceedings.
(m)
] At the conclusion of the presentations,
the board representatives shall deliberate in order to make recommendations
for the disposition of the complaint or allegations. During the deliberations
by the board representatives, the board representatives shall exclude, except
with agreement of the licensee, the board staff who presented the allegations
and facts related to the complaint against the licensee, the licensee, the
licensee's authorized representative, the complainant(s), witnesses, and the
general public. Counsel of the board shall be available for assistance during
deliberations.
(n)
] The board representatives may
make recommendations to dismiss the complaint or allegations.
(o)
] Upon a determination by the
board representatives that the licensee has violated the Act, board rules,
or board order, the board representatives may propose resolution of the issues
to the licensee to be reduced to writing and processed in accordance with §187.19
of this title (relating to Resolution by Agreed Order).
Subchapter D. FORMAL BOARD PROCEEDINGS
respondent
].
Chapter 191.
DISTRICT REVIEW COMMITTEES
Texas Civil Statutes, Article 4495b, section 5.03(b)
].
(b)
] Meetings of the committee may
be called by the executive director or president of the board. When the committee
or committee members wish to call a meeting, they shall first secure authorization
for the meeting from the executive director or the president.
(c)
] Any meeting called under any
of the above methods shall be promptly brought to the attention of the board
secretary or executive director in order to comply with all statutory requirements
of public notice of a committee meeting.
(d)
] The committee meetings and
all committee business shall be conducted in accordance with Robert's Rules
of Order Newly Revised, the Medical Practice Act
Tex. Occ. Code Ann.
Title 3 Subtitle B
[
(Article 4495b)
], the Administrative
Procedure [
and Texas Register
] Act
Tex. Gov't Code Ann. Chapter
2001
[
(Article 6252-13a)
], and the
Texas
Open
Meetings Act
Tex. Gov't Code Ann. Chapter 551
[
(Article 6252-17)
] as and where each may be applicable and consistent with the statutorily
confidential nature of the board's investigative files and a patient's right
to privacy.
(f)
] The board shall serve as the
official custodian of records of each district review committee.
(b)
] Each district review committee
member will endeavor to be reasonably available to act as a resource person
for board investigators in the event an investigator needs assistance from
the committee member.
(c)
] Upon the written request of
the board, the executive director, or the secretary-treasurer of the board
and upon a committee member's availability and willingness to do so, committee
members may on occasion be requested to serve as a public information representative
of the board. Information delivered at these events by representatives of
the board shall be factual, consistent with expressed board policy, and shall
not be personal opinions or viewpoints. No committee or member of a committee,
including its chairman, shall make or cause to be published any public statement
representing such to be the official position or policy of the board unless
such position or policy has been adopted or expressed by the board, nor make
nor cause to be published any statement or policy statement regarding the
committee's findings, recommendations, opinions, or conclusions.
(d)
] After appropriate orientation
and training by the board and the disciplinary process review committee, one
of the committees, selected on a rotating basis, may be requested to review
selected investigative files for evaluation of medical practice or professional
competency and make recommendations for each investigative file to the board
or to the board's investigative staff, as may be appropriate and applicable.
(e)
] After appropriate orientation
and training by the board and the disciplinary process review committee, district
review committee members may on occasion be requested by the executive director
to participate in informal settlement conferences, probationary panels, or
perform other duties as may be assigned to committees or committee members.
Pursuant to Chapter 187 of this title, (relating to
Procedural Rules
[
Procedure
]), the committee member shall make recommendations
for each investigative file [
to the executive director in instances where
he or she believes a violation of the Medical Practice Act has occurred, and
to the disciplinary process review committee in instances where he or she
believes there was no violation of the Medical Practice Act
].
and
] member shall not incur
or cause to be incurred any travel expenses, per diem expenses, or other expenses
for which the board may be responsible for payment or reimbursement unless
such expenses are approved in advance by the executive director or are incurred
at the request of the executive director.
Chapter 193.
STANDING DELEGATION ORDERS