Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 64.
TEMPORARY COMMON WORKER EMPLOYERS
16 TAC §§64.10, 64.20, 64.70, 64.72, 64.80
The Texas Department of Licensing and Regulation ("Department")
proposes amendments to 16 Texas Administrative Code Chapter 64, §§64.10,
64.20, 64.70, 64.72, and 64.80, regarding the Temporary Common Worker Employers
program.
The proposed rule changes are necessary to update statutory references
and conform rule requirements to current law. In addition, the rule changes
are needed to reorganize certain provisions for greater clarity and readability
and to delete unnecessary provisions. The Department in a separate concurrent
rulemaking will propose the repeal of certain rules in 16 Texas Administrative
Code Chapter 64, some of which are replaced by these amended rules.
In §64.10, the definition of "consumer" has been amended and a definition
of the term "place of business" has been added to clarify the terms. Also,
a definition of the term "temporary common worker employer" has been deleted
because the term in defined in statute.
Section 64.20 has been amended to remove the requirement that an applicant
request an application from the Department and to update rule cross-references.
The title of §64.70 has been clarified by removing the words "Rights
and." Other changes to §64.70 include using the term "license holder"
in place of "temporary common worker employer" and removing references to
"labor hall," since that term is included in the definition of "place of business."
Section 64.70(e) is deleted because it established a mostly unenforceable
requirement that license holder and consumers attempt to resolve complaints.
New subsections (e) - (h) are taken from former §64.71, which is proposed
for repeal in a separate rulemaking.
The title of §64.72 has been amended to clarify that it contains licensee
labor hall responsibilities. Language in §64.72(a) has been deleted that
required service of process on both the license holder and the license holder's
agent.
Section 64.80 has been amended to indicate that application fees are non-refundable.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the proposed amendments are in effect there will be
no costs to the state or local government.
Mr. Kuntz also has determined that for each year of the first five-year
period the amendments are in effect, the public benefit will be that the rule
requirements for temporary common worker employers will be clearer and better
organized.
There will be no effect on large, small, or micro-businesses as a result
of the proposed amendments. There are no anticipated economic costs to persons
who are required to comply with the rules as amended.
Comments on the proposal may be submitted to Tamala Fletcher, Legal Assistant,
Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas
78711, facsimile (512) 475-3032, or electronically: tamala.fletcher@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The amendments are proposed under Texas Labor Code, Chapter 92
and Texas Occupations Code, Chapter 51, which authorizes the Department to
adopt rules as necessary to implement this chapter and any other law establishing
a program regulated by the Department.
The statutory provisions affected by the proposal are those set forth in
Texas Labor Code, Chapter 92 and Texas Occupations Code, Chapter 51. No other
statutes, articles, or codes are affected by the proposal.
§64.10.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Consumer--A common worker and/or a [
(2)
Place of Business--A location, including
a labor hall at which a person operates as a temporary common worker employer.
(3)
[
[(3)
Temporary Common Worker Employer--A person
that provides common worker employees to a third party user and includes both
a temporary common worker agent and a temporary common worker agency.]
§64.20.Licensing Requirements General.
(a)
[
(b)
All applications shall be submitted on
a department-approved
[
(c)
The application for a license must include a certificate
of insurance showing coverage as required in
§64.70(f)
[
§64.70.[
(a)
A license holder must display the license in a conspicuous
place in each place of business [
(b)
A license holder
[
(c)
A license holder
[
(d)
A
[
(e)
A license holder shall comply with the terms and provisions
of, including payment of the common workers, of contracts entered into between
the license holder and consumers.
[
(f)
A license holder shall maintain a policy
of insurance with an insurance carrier authorized to do business in the State
of Texas in the amount of at least $100,000 per occurrence and $300,000 aggregate,
which insures the license holder against liability for damage to persons or
property arising out of the license holder's operation, or ownership of any
motor vehicle for the transportation of individuals in connection with their
business, activities or operations as a temporary common worker employer.
(g)
All vehicles used by a license holder
for the transportation of common workers shall:
(1)
have displayed prominently on the vehicle the name of the
temporary common worker employer and the number of their license issued by
the department;
(2)
be equipped with one 10 pound BC fire extinguisher or two
5 pound BC fire extinguishers; and
(3)
comply with all applicable Texas vehicle inspection and
safety regulations.
(h)
Each license holder shall, semimonthly
or at the time of each payment of wages, furnish each client/worker employed
by the labor hall either a detachable part of the check, draft, or voucher
paying the employee's wages, or separately, an itemized statement in writing
showing in detail each and every deduction made from the wages.
§64.72. Licensee [
(a)
An attendant must be on the labor hall premises as an agent
for legal process for the temporary common worker employer at all times that
common workers are on the premises during normal business hours. [
(b) - (h)
(No change.)
(i)
A license holder shall comply with the provisions of all
applicable federal, state, and local statutes, ordinances, regulations, or
codes, including, but not limited to,
State Department of Health Services
food service sanitation regulations,
[
(j)
A license holder that violates a prohibition, statute,
ordinance, or code set forth above may have its license suspended [
§64.80.Fees.
(a)
The
non-refundable application
fee for
an
[
(b)
The
non-refundable application
fee for a renewal
license is $550.
[(c)
These fees are not refundable.]
(c)
[
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 9, 2005.
TRD-200505687
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: January 22, 2006
For further information, please call: (512) 463-6208
16 TAC §64.60, §64.71
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Licensing and Regulation or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Licensing and Regulation
("Department") proposes the repeal of 16 Texas Administrative Code Chapter
64, §64.60 and §64.71, regarding the Temporary Common Worker Employers
program.
The repeal of these sections is being proposed because they have been deleted
either as unnecessary or as inconsistent with statutory requirements, or combined
with other sections for clarity.
The Department in a separate concurrent rulemaking action will propose
amendments to 16 Texas Administrative Code Chapter 64 that will replace some
of the rules affected by the repeal.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the proposed repeal is in effect there will be no cost
to state or local government as a result of enforcing or administering the
repeal.
Mr. Kuntz also has determined that for each year of the first five-year
period the repeal is in effect, the public benefit will be less redundancy
in that unnecessary rule language has been deleted.
There will be no effect on large, small, or micro-businesses as a result
of the proposed repeal. There are no anticipated economic costs to persons
who are required to comply with the rules as repealed.
Comments on the proposal may be submitted to Tamala Fletcher, Legal Assistant,
Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas
78711, facsimile (512) 475-3032, or electronically: tamala.fletcher@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The repeal is proposed under Texas Labor Code, Chapter 92 and
Texas Occupations Code, Chapter 51, which authorizes the Department to adopt
rules as necessary to implement this chapter and any other law establishing
a program regulated by the Department.
The statutory provisions affected by the proposal are those set forth in
Texas Labor Code, Chapter 92 and Texas Occupations Code, Chapter 51. No other
statutes, articles, or codes are affected by the proposal.
§64.60.Powers and Duties of the Department and Executive Director.
§64.71.Other Duties of License Holder.
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 9, 2005.
TRD-200505686
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: January 22, 2006
For further information, please call: (512) 463-6208
16 TAC §§82.10, 82.20 - 82.23, 82.28, 82.29, 82.31, 82.32, 82.70 - 82.73, 82.75, 82.76, 82.80, 82.100 - 82.114, 82.120
The Texas Department of Licensing and Regulation ("Department")
proposes amendments to existing rules at 16 Texas Administrative Code, §§82.10,
82.20 - 82.23, 82.28, 82.31, 82.32, 82.70 - 82.73, 82.75, 82.76, and 82.80,
regarding the Barbers program. The Department also proposes new rules at 16
Texas Administrative Code, §§82.29, 82.100 - 82.114, and 82.120
regarding the Barbers program.
These proposed new and amended rules are necessary to implement provisions
of Senate Bill 411, 79th Legislature, Regular Session. Senate Bill 411 abolished
the Texas State Board of Barber Examiners and transferred the licensing and
regulation of barbering to the Department. These proposed rules are part of
a second phase of rulemaking to implement the transfer of the barber program
to the Department. The first phase of Department rules concerning the barber
program became effective on December 8, 2005. These proposed rules reorganize
provisions for greater clarity and readability and update rule requirements,
particularly health and safety requirements for barbers.
A definition of "barber establishment" is added to §82.10 because
that term is used in proposed new rules concerning Department inspections.
Those new inspection rules were filed with the Texas Register on December
5, 2005 and are scheduled to be published for public comment on December 16,
2005. Other proposed changes to §82.10 are the following: deleting language
from the definition of "beard" as a result of a prior change to the cosmetology
statute, Texas Occupations Code, Chapter 1602; adding definitions of "booth
rental permit," "license by reciprocity," and "provisional license" to clarify
the purpose of those license and permit types; and deleting the definition
of "out of scope" because the substance of that definition now appears in
new §82.112(a).
A provision is added to §82.20 specifying that a license application
is valid for one year from the date of filing. The requirement in subsection
(i) that a licensee notify the Department of a change of mailing address has
been moved to §82.70.
In §82.21 provisions relating to examination procedure and eligibility
to take an examination have been reorganized and updated. There will no longer
be a separate examination application or examination fee that is paid to the
Department. Rather, the examination will be part of the license application
process after the filing of the license application, with the exception of
persons who are eligible to take the written examination early. A provision
is added that an examinee must pass the written examination before being eligible
to take the practical examination. The minimum age of a model for the practical
examination is lowered from 18 to 16 years. The requirements for an examinee’s
photo identification are amended to specify the type of identification that
is acceptable. Finally, the clothing requirement for an examinee taking the
practical examination has been changed to allow a smock or professional attire.
Section 82.22 is amended to incorporate eligibility requirements for a
booth rental permit. In addition, a provision is added to require that a barbershop
or manicurist specialty shop must be inspected and approved by the Department
before operation of the shop. This provision tracks the requirement of Texas
Occupations Code, §1603.103(a), added by Senate Bill 411.
In §82.23(a), a change is made to clarify that a school must be in
compliance with all requirements of Chapter 82 to be eligible for a permit.
Subsection (b) is added to require that an applicant for a barber school permit
must provide a current financial statement prepared by a certified public
accountant, and, if the financial statement is more than 180 days old, the
applicant must also provide a supplemental financial statement. This provision
implements the requirement of Texas Occupations Code, §1601.352 that
a school be financially sound. Subsection (c) requires that the school be
inspected and approved by the Department prior to operation, consistent with
Texas Occupations Code, §1603.103(a).
Amendments to §82.28 update and clarify the application process for
a reciprocal license. In particular, the rule recognizes that the applicant
will pay separate fees for license by reciprocity, the license application,
and the law and rules book. The rule also establishes eligibility requirements
for a provisional license that may be issued to an applicant for a license
by reciprocity. These new eligibility requirements implement Texas Occupations
Code, §1603.203, as added by Senate Bill 411, relating to provisional
certificates or licenses.
New §82.29 requires that a barber establishment that relocates must
apply for a new license and be inspected prior to operation. The rule also
requires that if an establishment changes ownership the new owner must apply
for a new license within 30 days after the change. A school must be inspected
upon a change of ownership but may continue to operate prior to inspection.
The rule defines the term "change of ownership," which includes the death
or legal incompetency of the owner.
Section 82.31 is amended to change the term of a student permit from one
year to two years.
Section 82.32 is amended to remove an unnecessary requirement that a student
transferring hours from out of state submit two pictures of the student. A
reference to the examination fee, which will no longer be required, is also
removed.
In §82.70(c) is amended to refer to the new health and safety provisions.
The rule specifies new requirements for licensee clothing while performing
barbering services. The rule requires licensees to notify the Department of
a name change or change of mailing address. The rule also includes the requirement
that a barber or manicurist leasing space on the premises of a barbershop
or manicurist specialty shop as an independent contractor obtain a booth rental
permit.
In §82.71, amendments to subsection (c) remove specific height and
location requirements of a barbershop’s display of the word "barber"
as unnecessary. A reference to sanitation requirements is updated. The rule
specifies that alterations to a shop’s floor plan must be in compliance
with law and rule provisions. The rule clarifies that shops may establish
rules of operation and conduct, including rules relating to clothing, that
do not conflict with the Department’s rules. Also included are requirements
that the permit holder notify the Department of a change in the name of the
shop or a change in mailing address.
In §82.72 unnecessary reporting requirements for schools are removed.
References to application for enrollment are changed to "student permit" for
consistency. The rule specifies that alterations to a school’s floor
plan must be in compliance with law and rule provisions. The rule clarifies
that schools may establish rules of operation and conduct, including rules
relating to absences and clothing, that do not conflict with the Department’s
rules. In light of this, the provision specifying requirements for student
clothing has been removed. A reference to sanitation requirements is updated.
Also, requirements are added that the permit holder notify the Department
of a change in the name of the shop or a change in mailing address.
In §82.73 unnecessary provisions concerning student permits are removed.
A provision is added that students are responsible for compliance with the
Department’s health and safety requirements. The rule requires the student
to notify the Department of a change in mailing address. Subsection (h), concerning
display of a reenrolled or transferred student’s permit, is deleted
as unnecessary.
Section 82.75 is amended to add that a registered examination proctor must
notify the Department of a name change or change in mailing address.
Section 82.76 is amended to add that barber technicians are responsible
for compliance with the Department’s health and safety standards. In
addition, barber technicians must notify the Department of a name change or
change in mailing address.
Technical changes are made to §82.80 to clarify that the application
and renewal fees for Class A barber, barber technician, and manicurist include
a $10 newsletter fee and that the application and renewal fees for a student
permit include the $10 law and rules book fee. School fees are relocated to
the appropriate subsection of the rule. The reciprocity fee is amended to
make it a $100 fee that is in addition to the license application fee. To
implement the proposed new inspection rules, a $35 fee is added for reinspection
of a shop prior to operation, and a fee is added for each risk-based inspection
of a school or shop.
New §82.120 is a renumbering of repealed §82.101. No other changes
are made to that section.
New health and safety standard rules are added at §§82.100 to
82.114. These new rules update and supplement existing sanitation rules to
accord with accepted industry standards. Section 82.100 contains definitions
of key health and safety terms. Section 82.101 contains standards relating
to Department-approved disinfectants. The rule describes the manner in which
each type of disinfectant may be used. Section 82.102 contains general health
and safety requirements, such as requiring a container of liquid disinfectant
at each barber chair or station and the removal of hair cuttings as soon as
practicable. Section 82.103 describes health and safety standards that apply
specifically to hair cutting, styling, treatment, and shaving. Section 82.104
describes health and safety standards that apply specifically to facial services.
Section 82.105 prescribes health and safety standards for waxing. Section
82.106 prescribes health and safety standards for manicure and pedicure services.
In particular, the rule requires sterilization of tools by use of an autoclave,
dry heat, or ultraviolet light. Section 82.107 contains requirements for the
use of electric drill bits in manicuring and pedicuring. Section 82.108 contains
requirements for footspas. Section 82.109 relates specifically to wig and
hairpiece services. Section 82.110 relates specifically to hair weaving. Section
82.111 prescribes the standards for dealing with blood and body fluids. Section
82.112 prohibits certain products and practices, such as Methyl Methacrylate
Liquid Monomers (MMA), which is an adhesive that is banned by the United States
Food and Drug Administration (FDA) for use in nail services. The rule states
that possession on licensed premises of any of the prohibited items is a violation
of Department rules. Section 82.113 prohibits use, possession, or storage
of products that are banned or deemed to be poisonous or unsafe by the FDA.
Finally, §82.114 contains health and safety standards for barber establishments.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the proposed amendments and new rules are in effect
there will be no significant cost to state government as a result of enforcing
or administering the proposed rules. There will be some decrease in revenue
from the elimination of separate fees for examinations. There will be an increase
in revenue from the new $35 fee for a reinspection of a shop before operation
and from the new $150 fee for a risk-based inspection. The revenue from these
fees should be sufficient to offset additional costs to the Department. These
costs result from additional inspections that are required under inspection
rules proposed in a separate rulemaking. There will be no cost to local government.
The additional inspections and additional fees result from statutory changes
in Senate Bill 411.
Mr. Kuntz also has determined that for each year of the first five-year
period the amended and new rules are in effect, the public benefit will be
increased health and safety by having clear and up-to-date standards for licensees.
The public will also benefit from the elimination of some unnecessary regulatory
requirements.
There will be some additional cost to persons who are required to comply
with the rules, including small or micro-businesses. Barber licensees who
perform manicure and pedicure services will be required to sterilize tools
using an autoclave, dry heat, or ultraviolet light. There likely will be some
cost to the licensee in acquiring an autoclave or other sterilizer. This sterilization
requirement results from statutory changes made by the Texas Legislature.
In addition, establishments that are subject to risk-based inspections will
be required to pay the new $150 for each risk-based inspection. Shops that
are not approved on initial inspection prior to operation will be required
to pay the new $35 fee for a reinspection. There also will be some decreased
costs of compliance as a result of the elimination of unnecessary regulatory
requirements.
Comments on the proposal may be submitted to Tamala Fletcher, Legal Assistant,
Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas
78711, or facsimile (512) 475-3032, or electronically: tamala.fletcher@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The amendments and new rules are proposed under Texas Occupations
Code, Chapters 51, 1601 and 1603 which authorizes the Department to adopt
rules as necessary to implement these chapters. In particular, the rules implement
provisions of Senate Bill 411, 79th Legislature, Regular Session.
The statutory provisions affected by the proposal are those set forth in
Texas Occupations Code, Chapters 51, 1601 and 1603. No other statutes, articles,
or codes are affected by the proposal.
§82.10.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Act--Texas Occupations Code, Chapters 1601 and 1603.
(2)
Barber Establishment--A barbershop,
manicurist specialty shop, or school, licensed under the Act.
(3)
[
(4)
[
(5)
[
(6)
[
(7)
Booth Rental Permit--A permit
that allows a barber or manicurist to lease space on the premises of a barbershop
or manicurist specialty shop to engage in the practice of barbering as an
independent contractor.
(8)
[
(9)
[
(10)
[
(11)
[
(12)
License by reciprocity--A
process that permits a barber license holder from another jurisdiction or
foreign country to obtain a Texas barber license without repeating barber
education or examination license requirements.
(13)
[
[
[
[
[
[
(14)
Provisional license--A license
that allows a person to practice barbering in Texas pending the department’s
approval or denial of that person’s application for licensure by reciprocity.
(15)
[
(16)
[
§82.20.Licensing, Permitting and Certification Requirements--Individuals.
(a)
To be eligible for a Class A Barber Certificate, a Teacher’s
Certificate, Barber Technician License, Manicurist License, or Student Permit,
an applicant must:
(1)
submit the application on a Department approved form;
(2)
pass the applicable examination;
(3)
pay the fee required under §82.80; and
(4)
meet other applicable requirements of the Act and this
section.
(b)
Class A Barber Certificate--To be eligible for a Class
A barber certificate, an applicant must meet the eligibility requirements
set forth in Texas Occupations Code §1601.253;
(c)
Teacher’s Certificate--To be eligible for a teacher’s
certificate, an applicant must meet the eligibility requirements set forth
in Texas Occupations Code §1601.254;
(d)
Barber Technician License--To be eligible for a Barber
Technician License, an applicant must meet the eligibility requirements set
forth in Texas Occupations Code §1601.256;
(e)
Manicurist License--To be eligible for a Manicurist license,
an applicant must meet the eligibility requirements set forth in Texas Occupations
Code §1601.257;
(f)
Student Permit--To be eligible for a Student permit, an
applicant must meet the eligibility requirements set forth in Texas Occupations
Code §1601.260;
(g)
Registered Examination Proctor--To be eligible for an Examination
Proctor registration, an applicant must:
(1)
have held an active teacher’s certificate for at
least two of the five years preceding the application;
(2)
hold an active teacher’s certificate;
(3)
obtain a certificate of completion from a department approved
training course;
(4)
submit a completed application for initial registration
on a form approved by the department; and
(5)
pay the applicable fee under §82.80.
(h)
A license application is valid for one year from the
date it is filed with the department.
[
[
§82.21.License Requirements--Examinations.
(a)
To be eligible for a department examination,
an applicant must:
(1)
submit a completed license application on a
department-approved form;
(2)
pay the applicable license application fee under §82.80;
and
(3)
have completed the number of curriculum hours
required by this chapter and the Act.
(b)
[
(c)
[
[
[
[
[
[
(d)
When appearing for an examination for a Class A barber
certificate or a teacher's certificate, the examinee shall bring the instruments
necessary to give a practical demonstration of barbering services.
(e)
An examinee for a manicurist or barber technician license
shall bring to the examination any instruments necessary for a practical demonstration
of the services distinctive to his or her specialty.
(f)
The examinee shall provide a model, of
16
[
[
(g)
[
(h)
Examinees are required to wear
a smock or professional attire for the practical examination.
[
(i)
[
(j)
[
§82.22.Permit Requirements--Barbershops , [
(a)
To be eligible for a Barbershop or Manicurist Specialty
Shop Permit,
or a Booth Rental Permit,
an applicant must:
(1)
submit the application on a department approved form;
(2)
pay the fee required under §82.80; and
(3)
meet other applicable requirements of the Act and this
chapter
[
(b)
Barbershop Permit--To be eligible for a barbershop permit,
an applicant must meet the eligibility requirements set forth in Texas Occupations
Code §1601.303.
(c)
Manicurist Specialty Shop Permit--To be eligible for a
Manicurist Specialty Shop Permit, an applicant must meet the eligibility requirements
set forth in Texas Occupations Code §1601.305.
(d)
Booth Rental Permit--To be
eligible for a booth rental permit, an applicant must hold a valid Department-issued
Class A barber certificate or manicurist license and meet the requirements
of this section.
(e)
A barbershop or manicurist
specialty shop must be inspected and approved by the Department prior to the
operation of the shop. To ensure timely inspection, an applicant should submit
a completed application at least 45 days in advance of the anticipated opening
date.
§82.23.Permit Requirements--Barber Schools.
(a)
To be eligible for a Barber School Permit, an applicant
must:
(1)
submit the application on a department approved form;
(2)
pay the fee required under §82.80 and any required
fee under §82.40; and
(3)
meet other applicable requirements of the Act and this
chapter
[
(b)
An applicant must provide a current financial statement
prepared by a certified public accountant. If the financial statement is more
than 180 days old, an applicant must also provide a supplemental financial
statement dated to within 180 days of the application.
[
(c)
A school must be inspected and approved by the Department
prior to the operation of the school. To ensure timely inspection, an applicant
should submit a completed application at least 45 days in advance of the anticipated
opening date.
[
(d)
An applicant must provide a
current financial statement prepared by a certified public accountant. If
the financial statements are more than 180 days old, an applicant must also
provide a supplemental financial statement dated to within 180 days of the
application.
§82.28.Reciprocity or Endorsement and Provisional Licensure .
(a)
The examination requirement shall be waived for any person
who completes the application for and payment of fees prescribed by the department
for a certificate of registration, license, or permit and who submits satisfactory
proof that he or she holds a current, valid certificate, license or permit
from another state or country that has substantially equivalent licensing
requirements to those of the State of Texas.
(b)
Applicant must [
(1)
submit a
[
(2)
pay the fee for license by reciprocity, the applicable
license application fee, and the law and rules book fee, under §82.80;
[
(3)
be
at least 16 years of age and
have
[
(4)
[
[
[
(5)
provide one of the following:
(A)
[
(B)
if the applicant is from a
territory or foreign country, provide documents verified by a certified credentialing
agency confirming that the licensure in the territory or foreign country was
obtained by standards substantially equivalent to those of Texas.
(c)
Texas requires 1,500 hours of training substantially equivalent
to the Texas curriculum. If the applicant graduated in a state that required
less than 1,500 hours, documented work experience may be substituted at the
rate of 25 hours per month worked, up to a maximum of 500 hours, or the applicant
must complete the balance of hours required in an approved Texas barber school.
(d)
The department may issue a
provisional license to applicants currently licensed in another jurisdiction
who file an application for a Texas barber license by reciprocity.
(e)
To be eligible for a provisional
license, an applicant must:
(1)
file a completed application for a Texas barber
license by reciprocity;
(2)
provide information sufficient for the department
to verify the applicant’s licensure in good standing, for at least two
years immediately preceding the person’s Texas application, in the same
license type for which the person seeks the certificate or license; and
(3)
have been licensed in a jurisdiction or foreign
country in which the requirements for obtaining the same certificate or license
are substantially equivalent to the requirements under the Act, including
passage of a national examination or other examination recognized by the commission
relating to the practice of the profession.
(f)
Licensure in good standing
means that a person must hold an active and valid license in another jurisdiction
or foreign country.
(g)
A person issued a provisional
license may perform those acts of barbering authorized by the provisional
certificate or license pending the department’s approval or denial of
an applicant’s license by reciprocity.
(h)
A provisional certificate or
license is valid until the date the department approves or denies the application
for licensure by reciprocity. The department must approve or deny a provisional
certificate or license holder’s application for a certificate or license
by reciprocity not later than the 180th day after the date the provisional
certificate or license is issued.
(i)
The department shall issue
a certificate or license by reciprocity to the provisional certificate or
license holder if the person is eligible to hold a certificate or license
under the Act.
(j)
An applicant for licensure
by reciprocity is eligible for a provisional certificate or license only once.
A person who is denied licensure by reciprocity and subsequently reapplies
for licensure by reciprocity is not eligible to obtain additional provisional
certificates or licenses to practice barbering in Texas.
§82.29.Establishment Relocation, Change of Ownership, School Owner Death or Incompetency.
(a)
Under the Act, a license is not transferable.
(b)
If an establishment relocates, the licensee must apply
for a new establishment license and the new establishment must be inspected
prior to operation under the Act.
(c)
If an establishment changes ownership, the new owner must
apply for a license within 30 days after the change of ownership. Additionally,
a school must be inspected but may continue to operate prior to inspection.
A change of ownership is defined as:
(1)
For a sole proprietorship, the licensee no longer owns
and/or operates the establishment.
(2)
For a partnership, the partnership is dissolved.
(3)
For a corporation, the corporation is sold to another person
or entity. A change of ownership does not include corporate officer or stockholder
restructuring.
(4)
The death or legal incompetency of the owner.
§82.31.Licenses--License Terms.
(a)
The following licenses issued under this chapter shall
have a term of two years from the date of issuance:
(1)
Class A Barber Certificate;
(2)
Teacher’s Certificate;
(3)
Barber Technician License;
(4)
Manicurist License;
(5)
Barbershop Permit;
(6)
Manicurist Specialty Shop Permit; [
(7)
Booth Rental Permit
; and
[
(8)
Student Permit.
(b)
The following licenses issued under this chapter shall
have a term of one year from the date of issuance:
[
(1)
[
(2)
[
§82.32.Transfer of Student Hours from Out of State.
(a)
A student barber may transfer hours of training as a barber
from school of other states to Texas by providing to the department:
(1)
an official transcript from the school attended, showing
hours credited;
(2)
a statement from the barber board of that state giving
hours credited;
and
(3)
proof of at least a seventh grade education
.
[
[
[
(b)
If the student has not completed 1,500 hours in another
state, credit for hours completed will be given when he or she is enrolled
in a Texas barber school and when a student permit is issued.
§82.70.Responsibilities of Individual License Holders.
(a)
Only a permitted barber school or a licensed barber may
advertise in the yellow pages of the telephone directory under "Barber."
(b)
A licensed barber who is enrolled in a barber refresher
course cannot at the same time be employed or serve as a manager or instructor
in the school.
(c)
License holders, including Class A barbers, teachers, barber
technicians and manicurists are responsible for compliance with the
health and safety standards of this chapter
[
(d)
Licensees shall wear clean
top and bottom outer garments and footwear while performing services authorized
under the Act. Outer garments include tee shirts, blouses, sweaters, dresses,
smocks, pants, jeans, shorts, and other similar clothing and does not include
lingerie or see-through fabric.
(e)
Licensees shall notify the
department in writing of any name change within thirty days of the change.
(f)
Licensees shall maintain a
current mailing address on file with the department and must notify the department
not later than thirty days following any change of mailing address.
§82.71.Responsibilities of Shop Owner and/or Shop Manager.
(a)
The owner of a barbershop or manicurist specialty shop
and the shop manager in whose name the shop permit is jointly issued, if different
from the owner, shall both be responsible individually and jointly for ensuring
that all persons who work in a shop are properly licensed at all times. Individuals
who do not hold a current license and/or permit required by the department
shall not be allowed to engage in barbering. Shop owners and shop managers
commit an offense in violation of department rules if an individual with an
expired license or permit or no license or no permit engages in barbering
in a shop.
(b)
Shop owners and/or shop managers shall verify that all
employees and independent contractors have current licenses and permits, as
applicable.
(c)
The shop owner and/or shop manager shall maintain a current
list of all individuals who work in a shop at the time of inspection including
employees and independent contractors who engage in barbering. The list is
to be made available to department inspectors upon demand. The list shall
contain at least the following information:
(1)
name of each individual working in the shop;
(2)
the file number (license number) for each individual;
(3)
the booth rental permit number for each independent contractor
(booth renter) whose booth rental permit was issued on or after September
1, 2004;
(4)
whether the individual is an employee or an independent
contractor who engages in barbering;
(5)
the type of license or permit held by the individual (e.g.,
barber, manicurist);
(6)
the expiration date of the individual's license and/or
permit; and
(7)
the expiration date of the independent contractor's booth
rental permit.
(d)
Each barbershop may display a barber pole. This pole shall
be the traditional red, white with the optional blue.
(e)
In addition, barbershops shall display
on the exterior
of the building or premises a sign containing
the words "Barber Shop"
or "Barber Salon" or any phrase containing the word "Barber" [
(f)
A barbershop or specialty shop shall not prepare for sale
or consumption food and drink except by vending machine, any food or drink
must be disposed of in a closed container and the shop shall be separated
by a solid wall and have a separate entrance if located in the same building
with a restaurant or food preparation area. This rule will not apply to a
licensed barbershop or specialty shop in a department store when the sale
of food and drink is not immediately adjacent to the shop.
(g)
No products may be sold in a barbershop or specialty shop
other than products related to the practicing of barbering, including, but
not limited to shampoos and treatment products, hair dyes, bleaches, wigs,
toupees and hairpieces, cosmetic preparations and skin treatments, manicuring
preparations, and implements, appliances, or ornaments used on the hair, skin,
or nails.
(h)
Permit holders are responsible for compliance with the
health and safety standards of this chapter
[
(i)
Alterations to the shop’s
floor plan must be in compliance with the requirements of the Act and this
chapter.
(j)
Shops may establish rules of
operation and conduct, which may include rules relating to clothing, that
do not conflict with this chapter.
(k)
Permit holders shall notify
the department in writing of any name change of the shop within thirty days
of the change.
(l)
Permit holders shall maintain
a current mailing address on file with the department and must notify the
department not later than thirty days following any change of mailing address.
§82.72.Responsibilities of Barber Schools.
(a)
If a barber school changes ownership, the new owner shall
notify the department of the change and apply for a new permit from the department
within thirty days of the change of ownership.
(b)
The department shall inspect a barber school that has changed
ownership to determine that it fulfills all requirements of the department
and of the Act.
(c)
A new permit fee shall be required from a barber school
that has changed ownership.
[
(d)
[
(e)
[
(f)
[
(g)
[
(1)
one professional electric clipper of modern design;
(2)
one neck duster;
(3)
one barber shears;
(4)
one thinning shears;
(5)
one razor equipped with disposable blades;
(6)
three barber combs;
(7)
one styptic powder or liquid styptic;
(8)
one tool kit (carrying kit);
(9)
one hair styling brush;
(10)
one neck clip;
(11)
one can clipper oil;
(12)
two washable uniforms;
(13)
one hand held hair dryer; and
(14)
one T-edger or outliner.
(h)
[
(1)
one razor strop;
(2)
one razor hone; and
(3)
one straight razor.
(i)
[
(j)
[
(1)
for each student in attendance on the practical floor,
enrolled in a manicurist course outlined in §
82.120
[
(2)
an adequate supply of permanent wave rods;
(3)
a minimum of two canvas-type wig blocks;
(4)
two mannequins, one long-haired and one short-haired;
(5)
a minimum of one wig, one hairpiece, and one hairwoven
piece;
(6)
clock;
(7)
bulletin board;
(8)
fire extinguisher with current inspection report; and
(9)
teacher's desk in classroom.
(k)
[
(l)
[
(m)
[
(n)
[
(1)
The original of the application for
student permit
[
(2)
Proof of a seventh-grade education or its equivalency.
This shall be in the form of a transcript or photostatic copy of the diploma,
equivalency certificate, or record.
(3)
Two recent, identical, permanent-type photographs, size
two-inch by two-inch, with applicant's signature on front. No Polaroid photographs
will be accepted.
(o)
[
(p)
[
[
(q)
[
(r)
[
(s)
Schools may establish rules
of operation and conduct, which may include rules relating to student clothing,
that do not conflict with this chapter.
[
(t)
[
[
(u)
Alterations to the school’s
floor plan must be in compliance with the requirements of the Act and this
chapter.
(v)
Permit holders shall notify
the department in writing of any name change of the school within thirty days
of the change.
(w)
Permit holders shall maintain
a current mailing address on file with the department and must notify the
department not later than thirty days following any change of mailing address.
§82.73.Responsibilities of Students.
[
(a)
[
[
(b)
[
(c)
[
(d)
[
(e)
[
(1)
Upon receipt of the accepting schools notification of transfer
the department shall notify the school at which the student was formerly enrolled
of such transfer.
(2)
Upon receipt of the department’s transfer notification
the manager or owner of the barber school shall, within seven days of receipt
of the department’s transfer notification, send to the department the
student permit with the following information written on the permit:
(A)
the last day of the student's attendance;
(B)
the number of credit hours accrued by the student; and
(C)
the manager’s or owner’s signature.
(f)
Students are responsible for
compliance with the health and safety standards of this chapter.
(g)
Students shall maintain a current
mailing address on file with the department and must notify the department
not later than thirty days following any change of mailing address.
[
§82.75.Responsibilities of Registered Examination Proctor.
(a)
Responsibilities of Registrant
(1)
A registrant shall be knowledgeable of and comply with
all standards, specifications, and procedures established by the commission
or department relating to the evaluation or grading of practical examinations.
(2)
A registrant shall be knowledgeable of and have expertise
in the subject matter(s) of the practical examination. It is the obligation
of the registered examination proctor to exercise reasonable judgment and
skill in the evaluation or grading of practical examinations conducted under
Texas Occupations Code, Chapter 1601.
(3)
A registrant shall be professional, honest and trustworthy
in the evaluation or grading of practical examinations and any activities
related to evaluating or grading practical examinations.
(4)
A registrant must hold a current and active teacher certification
throughout the entire period of the registration.
(5)
A registrant shall notify the
department in writing of any name change within thirty days of the change.
(6)
A registrant shall maintain
a current mailing address on file with the department and must notify the
department not later than thirty days following any change of mailing address.
(b)
Responsibilities of Registrant--Prohibited Acts
(1)
A registrant shall not perform as an examination proctor
without a current and active examination proctor registration.
(2)
A registrant shall not evaluate or grade a practical examination
of an applicant who is the registrant’s current student.
(3)
A registrant shall not evaluate or grade a practical examination
of an applicant who is the registrant’s current employee, employer or
co-worker.
(4)
A registrant shall not evaluate or grade a practical examination
of an applicant who is related to the registrant by family or by other personal
or financial interest or relationship.
(5)
A registrant shall not knowingly furnish false, misleading,
inaccurate, or deceitful information about an applicant or an applicant’s
performance on a practical examination.
(6)
A registrant shall not engage in any act or practice that
constitutes a threat, coercion or extortion of an applicant.
(7)
A registrant shall not ask for or receive directly from
an applicant anything in connection to a registrant’s evaluation or
grading of an applicant.
(8)
A registrant shall not state or imply that the department
will grant or approve an applicant’s certificate or license, or that
the applicant will pass the examination.
(9)
A registrant shall not engage in any activity that constitutes
dishonesty or misrepresentation of or relating to the registrant’s responsibilities.
§82.76.Responsibilities of Barber Technician.
(a)
A barber technician may:
(1)
assist the barber in shampooing and sterilizing in a barbershop
and shall work under the direction of a registered Class A barber; and
(2)
give massages, administer facial treatments, and apply
makeup.
(b)
A barber technician may not cut hair.
(c)
Barber technicians are responsible
for compliance with the health and safety standards of this chapter.
(d)
Barber technicians shall notify
the department in writing of any name change within thirty days of the change.
(e)
Barber technicians shall maintain
a current mailing address on file with the department and must notify the
department not later than thirty days following any change of mailing address.
§82.80.Fees.
(a)
Application Fees:
(1)
Class A Registered Barber License--$90
(includes $10
newsletter fee)
(2)
Barber Teacher Certificate--$70
(3)
Barber Technician License--$90
(includes $10 newsletter
fee)
(4)
Manicurist License--$40
(includes $10 newsletter fee)
(5)
Student Permit--$35 (includes
$10
law and rules
book
fee
)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
School Original Inspection
(Permit)--$1,000
(b)
Renewal Fees:
(1)
Class A Registered Barber License--$90
(includes $10
newsletter fee)
(2)
Barber Teacher Certificate--$70
(3)
Barber Technician License--$90
(includes $10 newsletter
fee)
(4)
Manicurist License--$40
(includes $10 newsletter fee)
(5)
Student Permit--$35 (includes
$10
law and rules
book
fee
)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
School Permit--$300
(c)
License by Reciprocity or Endorsement--$100
[
[
[
[
[
[
[
[
[
[
(d)
[
(e)
[
(f)
[
(g)
[
(h)
[
(i)
Inspection Fees (for each occurrence):
(1)
Reinspection of shop prior to operation--$35
(2)
Reinspection of school prior to operation--$500
(3)
Risk-based Inspection Fees for schools and shops--$150
§82.100.Health and Safety Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Chlorine bleach solutions--A chemical used to destroy bacteria
and to disinfect implements and hard, non-porous surfaces; solution should
be mixed fresh at least once per day. As used in this chapter, chlorine bleach
solutions fall into two categories based on concentration and exposure time:
(A)
Low level disinfection (100 - 200 ppm)--Add one teaspoon
(5ml) household (5.25%) bleach to one liter water. Soak 10 minutes minimum.
(B)
High level disinfection (1,000 ppm)--Add five teaspoons
(25ml) household (5.25%) bleach to one liter water. Soak 20 minutes minimum.
(2)
Clean or cleansing--Washing with liquid soap and water,
detergent, antiseptics, or other adequate methods. Cleansing is not disinfection.
(3)
Disinfect or disinfection--The use of chemicals to destroy
pathogens on implements and other hard, nonporous surfaces to render an item
safe for handling, use, and disposal.
(4)
Disinfectant--In this chapter, one of the following department-approved
chemicals:
(A)
an EPA-registered bactericidal, fungicidal, or virucidal
disinfectant used in accordance with the manufacturer’s instructions;
(B)
a chlorine bleach solution consisting of 3/4 cup of 5.25%
per gallon of water; or
(C)
an Isopropyl alcohol used at a concentration of at least
70% and ethyl alcohol used at a concentration of at least 90%.
(5)
EPA-registered bactericidal, fungicidal, or virucidal disinfectant--When
used according to manufacturer’s instructions, a chemical that is a
low-level disinfectant used to destroy bacteria and to disinfect implements
and hard, non-porous surfaces.
(6)
Isopropyl or Ethyl alcohol--Isopropyl alcohol used at a
concentration of at least 70% and ethyl alcohol used at a concentration of
at least 90% are chemicals that are a low-level disinfectant used to destroy
bacteria and to disinfect implements.
(7)
Multi-use items--Items constructed of hard materials with
smooth surfaces such as metal, glass, or plastic typically for use on more
than one client. The term includes but is not limited to such items as clippers,
scissors, combs, nippers, and some nails files.
(8)
Single-use items--Porous items made or constructed of cloth,
wood, or other absorbent materials having rough surfaces usually intended
for single use including but not limited to such items as tissues, orangewood
sticks, cotton balls, some buffer blocks, and gauze.
(9)
Sterilize or sterilization--To make free from live bacteria
or other microorganisms by use of an autoclave, dry heat or ultraviolet light.
§82.101.Health and Safety Standards--Department-Approved Disinfectants.
(a)
EPA-registered bactericidal, fungicidal, or virucidal disinfectants
shall be used as follows:
(1)
Implements and surfaces shall first be thoroughly cleaned
of all visible debris prior to disinfection.
(2)
Some disinfectants may be sprayed on the instruments, tools,
or equipment to be disinfected. EPA-registered bactericidal, fungicidal, or
virucidal disinfectants become inactivated and ineffective when visibly contaminated
with debris, hair, dirt and particulates.
(3)
Disinfectants in which implements are to be immersed shall
be prepared fresh daily or more often if solution becomes diluted or soiled.
(4)
In all cases the disinfectant shall be used in accordance
with the manufacturers’ recommendation or other guidance in this rule.
(5)
These chemicals are harsh and may affect the long term
use of scissors and other sharp objects. Therefore, the Department recommends
leaving items in solution in accordance with the manufacturers’ recommendation
for effective disinfection.
(b)
Chlorine bleach solutions shall be used as follows:
(1)
Chlorine bleach at the appropriate concentration is an
effective disinfectant for all purposes in a salon.
(2)
Chlorine bleach solutions shall be mixed daily at the following
minimum standard: 3/4 cup of 5.25% bleach per gallon of water.
(3)
Chlorine bleach shall be kept in a closed covered container
and not exposed to sunlight.
(4)
Chlorine bleach may affect the long-term use of scissors
and other sharp objects so the Department does not recommend leaving items
in bleach solution beyond 2 minutes for effective disinfection (5 minutes
if disinfecting for blood contamination).
(5)
Chlorine bleach vapors might react with vapors from other
chemicals. Therefore chlorine bleach shall not be placed or stored near other
chemicals used in salons (i.e. acrylic monomers, alcohol, or other disinfecting
products) or near flame.
(6)
Used or soiled chlorine bleach solution shall be properly
disposed of each day.
(c)
Isopropyl or Ethyl alcohols shall be used as follows:
(1)
Isopropyl alcohol at a concentration of at least 70% and
ethyl alcohol at a concentration of at least 90% are low-level disinfectants.
(2)
Alcohol shall not be used for blood spills.
(3)
All alcohol shall be kept in a covered container. Alcohol
deteriorates in some plastics, metals and rubber items.
(4)
Alcohol may affect the long-term use of scissors and other
sharp objects.
(5)
The Department recommends leaving items in alcohol in accordance
with the manufacturer’s recommendation for effective disinfection. When
using alcohol on surfaces other than non-porous materials, the time of contact
shall be between 1 to 3 minutes after proper cleaning that removed all visible
debris.
(6)
Alcohol may be sprayed onto porous or absorbent surfaces
after cleaning, with contact time on the surface of the item for at least
1 minute, provided the porous items have not contacted broken or unhealthy
skin or nails.
§82.102.Health and Safety Standards--General Requirements.
(a)
All barber establishments and licensees shall utilize clean
and disinfected equipment, tools, implements, and supplies in accordance with
this Chapter, and shall employ good hygiene habits while providing barbering
services.
(b)
A licensee may not perform services on a client if the
licensee has reason to believe the client has a contagious condition such
as head lice, nits, ringworm; or inflamed, infected, broken, raised or swollen
skin or nail tissue; or an open wound or sore in the area to be serviced.
(c)
Multi-use equipment, implements, tools or materials not
addressed in this chapter shall be cleaned and disinfected before use on each
client.
(d)
Single-use equipment, implements, tools or porous items
not addressed in this rule shall be discarded after use on a single client.
(e)
Electrical equipment that cannot be immersed in liquid
shall be wiped clean and disinfected prior to each use on a client.
(f)
All clean and disinfected implements and materials when
not in use shall be stored in a clean, dry, debris-free environment including
but not limited to drawers, cases, tool belts, rolling trays, or hung from
hooks. They must be stored separate from soiled implements and materials.
Ultraviolet electrical sanitizers are permissible for use as a dry storage
container. Non-barber related supplies must be stored in separate drawers
or locations.
(g)
A container of liquid disinfectant shall be located at
each barber chair or station in a barber establishment to be used to disinfect
combs, brushes, scissors or other equipment which may be safely immersed in
a liquid disinfectant.
(h)
Shampoo bowls and manicure tables shall be disinfected
prior to use for each client.
(i)
Floors in barber establishments shall be thoroughly cleaned
each day. All hair cuttings shall be removed as soon as practicable.
(j)
All trash containers must be emptied daily and kept clean
by washing or using plastic liners.
(k)
Hand washing facilities, including hot and cold running
water must be provided for employees.
(l)
Clean towels shall be used on each client.
(m)
Soiled towels shall be removed after use on each client
and deposited in a suitable receptacle.
(n)
Each barber establishment shall keep all products used
in the conduct of their business properly labeled in compliance with OSHA
requirements.
§82.103.Health and Safety Standards--Hair Cutting, Styling, Treatment and Shaving Services.
(a)
Barbers shall wash their hands with soap and water, or
use a liquid hand sanitizer, prior to performing any services on a client.
(b)
All equipment, implements, tools and materials shall be
properly cleaned and disinfected in accordance with this rule prior to servicing
each client.
(c)
After each client, the following implements shall be wiped
with a clean paper or fabric towel and sprayed with either an EPA-registered
bactericidal, fungicidal, or virucidal disinfectant, or isopropyl alcohol,
ethyl alcohol, or bleach solution. Equipment, implements, tools and materials
to be cleaned and disinfected include but are not limited to combs and picks,
haircutting shears, thinning shears/texturizers, razors, edgers, guards and
perm rods.
(d)
At the end of each day of use, the above items, along with
any other tools, such as sectioning clips, brushes, comb and picks shall be
cleaned by manually scrubbing with soap and water or adequate methods, and
then disinfected by one of the following methods:
(1)
Complete immersion in an EPA-registered bactericidal, fungicidal,
or virucidal disinfectant in accordance with manufacturer’s instructions.
(2)
Complete immersion in isopropyl alcohol or ethyl alcohol;
(3)
Complete immersion in chlorine bleach solution.
§82.104.Health and Safety Standards--Facial Services.
(a)
Barbers and barber technicians shall wash their hands with
soap and water, or use a liquid hand sanitizer, prior to performing any services
on a client. Gloves shall be worn during any type of extraction.
(b)
Equipment, implements, tools and materials shall be properly
cleaned and disinfected prior to servicing each client in accordance to this
rule.
(c)
Facial chairs and beds, including headrest for each, shall
be cleaned prior to providing service to each client.
(d)
After each client, the following implements shall be cleaned
and disinfected: tweezers and comedone extractors.
(e)
The following implements are single-use items and shall
be discarded in a trash receptacle after use: cotton pads, cotton balls, gauze,
wooden applicators, disposable gloves, tissues, disposable wipes, lancets,
fabric strips and other items used for a similar purpose as one or more of
the items listed above.
(f)
The following items that are used during services shall
be replaced with clean items for each client: disposable and terry cloth towels,
hair caps, headbands, brushes, gowns, makeup brushes, spatulas that contact
skin or products from multi-use containers, sponges and other items used for
a similar purpose as any one of the items listed above.
(g)
Items subject to possible cross contamination such as creams,
cosmetics, astringents, lotions, removers, waxes, moisturizers, masks and
oils shall be used in a manner so as not to contaminate the remaining product.
Applicators shall not be re-dipped in product. Permitted procedures to avoid
cross contamination are:
(1)
Disposing of the remaining product before beginning services
on each client; or
(2)
Using a single-use disposable implement to apply product
and disposing of such implement after use; or
(3)
Using an applicator bottle to apply the product.
§82.105.Health and Safety Standards--Waxing Services.
(a)
Barbers and barber technicians shall clean the areas of
the client’s body on which the service is to be administered. Barbers
and barber technicians may perform waxing services only on the face and/or
neck of a client.
(b)
Barbers and barber technicians shall wash their hands with
soap and water, or use a liquid hand sanitizer, prior to performing any services
on a client.
(c)
Barbers and barber technicians performing waxing services
shall dispose of after each use all wax that has been in contact with a client’s
skin. Wax may not be reused under any circumstances.
(d)
All wax pots shall be cleaned and disinfected in accordance
with manufacturer’s recommendations. No applicators shall be left standing
in the wax at any time.
§82.106.Health and Safety Standards--Manicure and Pedicure Services.
(a)
Barbers and barber manicurists shall clean their hands
with soap and water or a hand sanitizer prior to performing any services.
(b)
Barbers and barber manicurists shall clean the areas of
the client’s body on which the service is to be administered.
(c)
All non-porous manicure and pedicure tools shall be properly
cleaned, disinfected and sterilized prior to servicing each client in accordance
with this rule.
(d)
After each client, the following implements shall be cleaned
and disinfected in accordance with the rule: metal pusher and files, cuticle
nipper and scissors, tweezers, nail brushes, finger and toe nail clippers
and electric file bits.
(e)
The following implements are single-use items and shall
be discarded after use: orangewood sticks, cotton balls, nail wipes and disposable
towels.
(f)
Buffer blocks, porous nail files, pedicure files, callus
rasps, natural pumice and foot brush, arbor, sanding bands, sleeves, heel
and toe pumice, exfoliating block (rough surfaced or absorbent materials)
shall be cleaned by manually brushing or other adequate methods to remove
all visible debris after each use, and then sprayed with Isopropyl or ethyl
alcohol. If a buffer block or porous nail file is exposed to broken skin (skin
that is not intact) or unhealthy skin or nails, it must be discarded immediately
after use in a trash receptacle.
(g)
The following materials that are used during a manicure
and pedicure shall be replaced with new or clean articles for each client:
terry cloth towels, finger bowls and spatulas that contact skin or skin products
from multi-use containers.
§82.107.Health and Safety Standards--Electric Drill Bits.
(a)
Only electric files, drills, or machines specifically designed
and manufactured for use in the professional nail industry may be used in
any barber establishment for performing manicure or pedicure services. Craft,
hardware, and hobby tools cannot be used under any circumstances.
(b)
After each use, diamond, carbide, natural and metal bits
shall be cleaned by either
(1)
using a brush; or
(2)
using an ultrasonic cleaner; or
(3)
immersing the bit in acetone for 5 to 10 minutes
(c)
Immediately after cleaning all visible debris, diamond,
carbide, natural and metal bits shall be disinfected by complete immersion
in an appropriate disinfectant between clients.
(d)
Buffing bits and chamois shall be cleaned with soap and
water at the end of every day of use in addition to being cleaned or replaced
between clients.
§82.108.Health and Safety Standards--Footspas.
(a)
As used in this section, "whirlpool footspa" or "spa" is
defined as any basin using circulating water, either in a self-contained unit
or in a unit that is connected to other plumbing in the establishment.
(b)
Before use upon each patron, each whirlpool foot spa shall
be cleaned and disinfected in the following manner.
(1)
All water shall be drained and all debris shall be removed
from the spa basin.
(2)
The spa basin must be cleaned with soap or detergent and
water.
(3)
The spa basin must be disinfected with an EPA registered
disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity
which must be used according to the manufacturer’s instructions.
(4)
The spa basin must be wiped dry with a clean towel.
(c)
At the end of each day, each whirlpool foot spa shall be
cleaned and disinfected in the following manner:
(1)
The screen shall be removed, all debris trapped behind
the screen shall be removed, and the screen and the inlet shall be washed
with soap and water or detergent and water.
(2)
Before replacing the screen, one of the following procedures
shall be performed:
(A)
The screen shall be washed with a chlorine bleach solution
of one teaspoon of 5% chlorine bleach to one (1) gallon of water; or
(B)
The screen shall be totally immersed in an EPA-registered
disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity
which must be used according to manufacturer’s instructions.
(3)
The spa system shall be flushed with soap and warm water
for at least ten (10) minutes, after which the spa shall be rinsed and drained.
(d)
Every other week (bi-weekly), after cleaning and disinfecting
as provided in this subsection, each whirlpool foot spa shall be cleaned and
disinfected in the following manner:
(1)
The spa basin shall be filled completely with water and
one (1) teaspoon of 5% bleach for each one (1) gallon of water.
(2)
The spa system shall be flushed with the chlorine bleach
and water solution of 5 to 10 minutes and allowed to sit for 6 to 10 hours.
(3)
The spa system shall be drained and flushed with water
before use upon a patron.
(e)
A record shall be made on a form prescribe by the Department
of the date and time of each cleaning and disinfecting indicating whether
the cleaning was a daily or bi-weekly cleaning. This record shall be made
at or near the time of cleaning and disinfecting. The record shall indicate
if a spa was not used at all during any individual work day. Cleaning and
disinfecting records shall be made available upon request by either a patron
or a Department representative.
(f)
A footspa for which documentation is not maintained in
accordance with this rule must be removed from service and not used again
until it has be cleaned and disinfected in accordance with the requirements
of this rule and the records have been properly updated.
§82.109.Health and Safety Standards--Wig and Hairpiece Services.
(a)
Barbers shall wash their hands with soap and water, or
use a liquid hand sanitizer, prior to performing any services on a client.
(b)
All equipment, implements, tools and materials shall be
properly cleaned and disinfected in accordance with this rule prior to servicing
each client.
(c)
After each client, the following implements shall be wiped
with a clean paper or fabric towel and sprayed with either an EPA-registered
bactericidal, fungicidal, or virucidal disinfectant, or isopropyl alcohol,
ethyl alcohol, or bleach solution. Equipment, implements, tools and materials
to be cleaned and disinfected include but are not limited to combs and picks,
haircutting shears, thinning shears/texturizers, razors, edgers, guards, perm
rods and bowls or containers used to clean or color wigs or hairpieces.
(d)
At the end of each day of use, the above items, along with
any other tools, such as sectioning clips, brushes, comb and picks shall be
cleaned by manually scrubbing with soap and water or adequate methods, and
then disinfected by one of the following methods:
(1)
Complete immersion in an EPA-registered bactericidal, fungicidal,
or virucidal disinfectant in accordance with manufacturer’s instructions.
(2)
Complete immersion in isopropyl alcohol or ethyl alcohol;
(3)
Complete immersion in chlorine bleach solution.
(e)
After the initial sale of a hairpiece, and prior to that
hairpiece being resold, it must be properly disinfected.
(f)
Used wigs and hairpieces shall be kept in a close bag or
container until ready to be cleaned.
(g)
Any wig block used to service a hairpiece should be covered
with a plastic bag and kept in a sanitized condition after each use. Any wig
block used to service hairpieces shall be sprayed with an EPA registered disinfectant
solution after each use and kept in a sanitary condition.
(h)
Finished wigs and hairpieces shall be placed away from
soiled wigs and hairpieces until ready to be returned to the client.
§82.110.Health and Safety Standards--Hair Weaving Services.
(a)
Barbers shall wash their hands with soap and water, or
use a liquid hand sanitizer, prior to performing any services on a client.
(b)
All equipment, implements, tools and materials shall be
properly cleaned and disinfected in accordance with this rule prior to servicing
each client.
(c)
Hair extensions, tracks, needles, and thread shall be stored
in a bag or covered container until ready to use. No unrelated items shall
be stored in the same bag or container.
(d)
Needles shall be sprayed with a disinfectant before use.
§82.111.Health and Safety Standards--Blood and Body Fluids.
(a)
Blood can carry many pathogens. For this reason licensees
should never touch a client’s open sore or wound. Powdered alum, styptic
powder, or a cyanoacrylate (e.g. liquid-type bandage) may be used to contract
the skin to stop minor bleeding, and should be applied to the open area with
a disposable cotton-tipped instrument that is immediately discarded after
application.
(b)
In the case of blood or body fluid contact on any surface
area such as a table, chair, or the floor, an EPA-registered hospital grade
disinfectant, a tuberculocidal disinfectant, or a 10% bleach solution shall
be used per manufacturer’s instructions immediately to clean up all
visible blood or body fluids.
(c)
If any non-porous instrument is contacted with blood or
body fluid, it shall be immediately cleaned and disinfected using an EPA-registered
hospital grade disinfectant or a tuberculocidal disinfectant in accordance
with the manufacturer’s instructions, or totally immersed in a 10% bleach
solution for 5 minutes.
(d)
If any porous instrument contacts blood or body fluid,
it shall be immediately double-bagged and discarded in a closed trash container
or biohazard box.
§82.112.Health and Safety Standards--Prohibited Products or Practices.
(a)
Licensees may not use any of the following substances or
products in performing barbering services:
(1)
Methyl Methacrylate Liquid Monomers, a.k.a., MMA
(2)
Razor-type callus shavers designed and intended to cut
growths of skin such as corns and calluses, e.g., credo blades.
(3)
Alum or other astringents in stick or lump form. (Alum
or other astringents in powder or liquid form are acceptable.)
(4)
Fumigants such as formalin (formaldehyde) tablets or liquids.
(5)
A drill or similar tool designed for use by a manicurist
or pedicurist, without proof of certification of training of that manicurist
or pedicurist through a program approved by the department.
(b)
Possession on licensed premises of any item listed in this
section is a violation under this chapter.
§82.113.Health and Safety Standards--FDA.
(a)
Licensees shall not use any product in providing a service
authorized under the Act that is banned or deemed to be poisonous or unsafe
by the United States Food and Drug Administration (FDA) or other local, state,
or federal governmental agencies responsible for making such determinations.
(b)
Possession or storage on licensed premises of any item
banned or deemed to be poisonous or unsafe by the FDA or other governmental
agency shall be considered prima facie evidence of its use.
(c)
For the purpose of performing services authorized under
the Act, no licensee shall buy, sell, use, or apply to any person monomeric
methyl methacrylate (MMA), an adhesive banned for use in nail services by
the FDA.
§82.114.Health and Safety Standards--Establishments.
(a)
Establishments shall keep the floors, walls, ceilings,
shelves, furniture, furnishings, and fixtures clean and in good repair. Any
cracks, holes, or other similar disrepair not readily accessible for cleaning
shall be repaired or filled in to create a smooth, washable surface.
(b)
All floors in areas where services under the Act are performed,
including restrooms and areas where chemicals are mixed or where water may
splash, must be of a material which is not porous or absorbent and is easily
washable, except that anti-slip applications or plastic floor coverings may
be used for safety reasons. Carpet is permitted in the reception area.
(c)
Plumbing fixtures, including toilets and wash basins, shall
be kept clean. They must be free from cracks and similar disrepair that cannot
be readily accessible for cleaning.
(d)
Each establishment must have suitable plumbing that provides
an adequate and readily available supply of hot and cold running water at
all times and that is connected for drainage of sewage and potable water within
the areas where work is performed and supplies dispensed.
(e)
Every establishment shall provide at least one restroom
located on or near the premises of the establishment. For public safety, supplies
shall not be stored in the restroom.
(f)
Food shall not be prepared on licensed premises. Pre-packaged
food may be sold.
(g)
For public health and safety, licensed premises shall eliminate
any strong odors through adequate ventilation, including but not limited to,
exhaust fans and air filtration to exhaust chemicals and fumes away from the
public area and to provide for the input of fresh air.
(h)
Licensed premises shall not be utilized for living or sleeping
purposes, or any other purpose that would tend to make the premises unsanitary,
unsafe, or endanger the health and safety of the public. An establishment
that is attached to a residence must have an entrance that is separate and
distinct from the residential entrance. Any door between a residence and a
licensed facility must be closed during business hours.
(i)
No animals with the exception of those providing assistance
to individuals are allowed in establishments. Covered aquariums are allowed
provided that they are maintained in a sanitary condition.
§82.120.Technical Requirements--Curricula.
(a)
Full-time student teacher. A person enrolled in the six-month
postgraduate course as a student teacher in an approved barber school shall
complete a total of 26 consecutive weeks of training in such barber school.
The full-time course shall consist of not less than:
(1)
seven hours, 45 minutes per day for a five-day week; or
(2)
six hours, 30 minutes per day for a six-day week.
(b)
Part-time student teacher. A part-time student teacher
at three-fourths time shall be required to attend school either:
(1)
six hours per day for a five-day week for 33 weeks, plus
an additional two days; or
(2)
five hours per day for a six-day week for 33 weeks, plus
an additional two days.
(c)
Part-time student teacher requirements. On a part-time
basis, a student teacher shall complete the course of 1,000 hours in not more
than 18 months or shall surrender the student certificate, unless the student
produces sufficient evidence of cause to the department in the form of an
affidavit.
(d)
Requirement for enrollment. No person may enroll in a teacher's
course in an approved barber school before receiving a certificate of registration
as a Class A barber.
(e) The curriculum to prepare a student for the examination
for the teacher’s certificate will consist of 1,000 hours, to include:
(f) The curriculum to prepare a student for the examination
for the class A barber certificate will consist of 1,500 hours to include
the following:
(g) The curriculum to prepare a student for the examination
for the manicurist license will consist of 600 hours, to be completed in a
course of not less than 16 weeks, to include:
(h) The curriculum to prepare a student for the examination
for the barber technician license will consists of 300 hours, to include:
(i) The curriculum for a barber refresher course will consist
of 300 hours to include:
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 12, 2005.
TRD-200505781
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: January 22, 2006
For further information, please call: (512) 463-6208
16 TAC §§82.27, 82.100 - 82.102
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Licensing and Regulation or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Licensing and Regulation
("Department") proposes the repeal of existing rules at 16 Texas Administrative
Code, §82.27 and §§82.100 - 82.102, regarding the Barbers program.
This proposed repeal is in conjunction with new and amended rules that
are proposed in a separate, concurrent rulemaking. The repeal of these rules
is necessary to update and reorganize rules in the barber program. Section
82.27 is repealed because necessary provisions concerning booth rental permits
are relocated to other rule sections. Other provisions are deleted as unnecessary.
Section 82.100 is repealed because this section is being replaced by new rules
at §§82.100 - 82.114 relating to health and safety standards for
barbers. Section 82.101 is repealed so that it may be renumbered as §82.120.
Section 82.102 is repealed because the monthly reporting requirement for barber
schools is no longer prescribed by statute, and the rule is no longer necessary.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the proposed repeal is in effect there will be no cost
to state or local government as a result of enforcing or administering the
repeal.
Mr. Kuntz also has determined that for each year of the first five-year
period the repealed rules are in effect, the public benefit will be better
organization for rules in the barbering program and the elimination of unnecessary
regulatory requirements.
Mr. Kuntz has determined that there may be some decreased cost of compliance
to barber schools, including small or micro-businesses, as a result of the
proposed repeal of reporting requirements. There are no anticipated economic
costs to persons who are required to comply with the rules as repealed.
Comments on the proposal may be submitted to Tamala Fletcher, Legal Assistant,
Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas
78711, or facsimile (512) 475-3032, or electronically: tamala.fletcher@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The repeal is proposed under Texas Occupations Code, Chapters
51, 1601 and 1603 which authorizes the Department to adopt rules as necessary
to implement these chapters.
The statutory provisions affected by the repeal are those set forth in
Texas Occupations Code, Chapters 51, 1601 and 1603. No other statutes, articles,
or codes are affected by the repeal.
§82.27.Booth Rental Permit.
§82.100.Technical Requirements--Sanitation.
§82.101.Technical Requirements--Curricula.
§82.102.Technical Requirements--Reporting.
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 12, 2005.
TRD-200505780
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: January 22, 2006
For further information, please call: (512) 463-6208
third party
]
user
of common workers
as defined in Texas Labor Code, Chapter
92.
(2)
] Registered agent--The individual
or entity, designated by the temporary common worker employer to which all
departmental communications or correspondence will be addressed.
Each person desiring a state of Texas temporary common
worker employer license shall request an application from the department.
] A separate application and fee must be submitted for each place of
business [
or labor hall
] operated in the state.
the
] form [
approved by the executive director and
provided by the department,
] and must be completed.
§64.71(c) of this title (relating to Other Duties of License Holder)
].
Rights and ] Duties of a License Holder.
or labor hall
] operated by the
license holder in the state.
Each temporary common
worker employer
] must notify the department, in writing, of any changes
in information regarding location or ownership
,
[
. The notification
must be received by the department
] no later than 30 days after the
change occurs.
Each temporary common
worker employer
] shall provide employees and consumers with access to
the name, mailing address, and telephone number of the department for the
purpose of directing complaints to the department.
The
] license holder must allow
department representatives, as part of an inspection or investigation, to
enter the business premises during regular business hours and examine and
copy any records that relate directly or indirectly to the inspection or investigation
being conducted. The department representatives may inspect all records, books,
and documents, whether paper or electronic, pertaining to the business operation.
Each license holder must respond
within two working days from its receipt of a written complaint from a consumer,
and must attempt to resolve the complaint not later than the 10th day after
the date of receipt. If the license holder is unable to resolve the complaint
within the specified 10 days, the complaint shall be referred to the department.
]
Additional Provisions for ] Labor Hall Responsibilities [ Halls ].
In
addition to service on the registered agent, any process involving a license
holder shall be served, in person or by registered mail, on the license holder.
]
Texas Department of Health
Rules on Food Service Sanitation;
] mechanical, building, electrical,
fire prevention, and life safety codes.
or
] revoked
, or the department may refuse to renew its license under
Texas Occupations Code §51.353
[
under §64.90 of this
title (relating to Sanctions)
].
the
] initial license is $550.
(d)
] Late renewal fees for licenses
issued under this chapter are provided under §60.83 of this title (relating
to Late Renewal Fees).
Chapter 82.
BARBERS
(2)
] Barber Refresher Course--A
department-approved course to renew or update the skills of a currently licensed
barber, or a barber who has not practiced for a period of time, or to prepare
a formerly licensed barber for the examination.
(3)
] Barber School--When used in
this chapter includes both barber schools and barber colleges.
(4)
] Beard--The beard extends from
below the line of demarcation and includes all facial hair regardless of texture
and shall only be trimmed, shaped or cut by a licensed barber.
(5)
] Board--The Advisory Board on
Barbering.
(6)
] Commission--The Texas Commission
of Licensing and Regulation.
(7)
] Department--The Texas Department
of Licensing and Regulation.
(8)
] Hair Relating to Haircutting--The
hair extending from the scalp of the head is recognized as the hair trimmed,
shaped or cut in the process of hair cutting.
(9)
] License--A license, permit,
certificate, or registration issued under the authority of the Act.
(10)
] Line of Demarcation between
"the hair" and "the beard"--The demarcation boundary between scalp hair ("the
hair") and facial hair ("the beard") is a line drawn from the bottom of the
ear.
(11)
Out of Scope--]
(A)
The use of any blade or cutting tool for the
purpose of removing any or all corns or calluses is considered a medical practice
and is prohibited. The possession or storage of any blade or cutting tool
for the purpose as contemplated by this rule is prima facie evidence of use.]
(B)
The use of any drill or similar tool designed
for use by a manicurist or pedicurist is prohibited without proof of certification
of training of that manicurist or pedicurist through a program approved by
the department.]
(C)
Any chemical currently not approved for a particular
use by the EPA, FDA, or any other governmental agency is prohibited.]
(D)
Or any other practice prohibited by the Act
or these rules.]
(12)
] Registered Examination Proctor--An
individual authorized by the Department to evaluate or grade a practical examination
for the department for a certificate or license issued under Texas Occupations
Code, Chapter 1601.
(13)
] Sideburn--A sideburn may
be part of a hair cut or style that is a continuation of the natural scalp
hair growth, and must not extend below the bottom of the ear lobe, and must
not be connected to any other bearded area on the face. Only a licensed barber
shall trim, shape or cut the sideburns with any type of razor.
Any person who holds a certificate
of registration, permit, or license issued by the department shall notify
the department in writing of any name change within thirty days and request
a revised registration, permit or license.
]
(i)
It is the responsibility of
licensees to maintain a current mailing address on file with the department.
All licensees must notify the department not later than 14 calendar days following
any change of mailing address.]
(a)
]
For a Class A barber or
teacher certificate, a student is eligible to take the written examination
when the department receives proof of completion of 1,000 curriculum hours,
as specified by Texas Occupations Code, §1603.255, relating to early
examination.
[
Upon completion of 1,500 hours in not less than nine
months, a student may apply for examination for a Class A registered barber
certificate. This application shall be on forms furnished by the department.
]
(b)
]
Examinees must pass the
written examination before being eligible to take the practical examination.
[
Each applicant shall submit to the department the following:
]
(1)
the application for examination
form;]
(2)
a statement from the manager
or owner of the barber school, stating that the course is completed;]
(3)
the examination fee;]
(4)
the student certificate with
photograph. Unless the student supplied a size two-inch by two-inch permanent-type
photograph (no Polaroid photographs) upon application for enrollment, he or
she shall submit a new photograph of this size and type.]
(c)
Each school will be furnished
schedules of examination dates and locations. Students will not be individually
notified. Each barber school is responsible for ensuring that applications
for examinations are provided to the department no later than the 15th day
of the month prior to the date on which the student is scheduled to take any
examination, written or practical.]
18
] years of age or older, on whom to demonstrate the practical work.
(g)
Each examinee is required
to wear a clean and fastened barber smock, without any lettering or logos
during both written and practical portions of the exams.]
(h)
]
To be admitted to an examination,
the
[
The
] examinee
must present
[
shall provide
] a current, valid
government-issued
photo identification
, which includes the applicant’s full name and date of birth
.
(i)
The department will notify
an examinee of the results of the examination by letter. The letter will be
sent to the student in care of the barber school that he or she attended.]
(j)
] The department will notify
an examinee if the examinee fails either or both portions of the examination.
If an examinee fails any part of the examination, he or she will be required
to [
complete a new exam application; submit a new examination fee; and
] retake the entire failed portion, either written or practical, or
both portions in the event the entire examination was failed.
(k)
] Any student or [
examination
] applicant having had a name change during his or her enrollment at
any department licensed barber school must notify the department in writing
prior to the date on which the student or [
examination
] applicant
is scheduled to take any examination, written or practical.
and ] Manicurist Specialty Shops , and Booth Rental.
section
].
section
].
Barber
School Permit--To be eligible for a barber school permit, an applicant must
meet the eligibility requirements set forth in Texas Occupations Code Chapter
1601, Subchapter H.
]
The department shall inspect a proposed new barber
school to determine that it fulfills all requirements of the department, applicable
rules, and the Act. The required inspection (permit) fee or the re-inspection
fee must be received by the department before the initial inspection or re-inspection
will be scheduled.
]
provide
]:
The
] completed application
on a department-approved form;
[
, all required documents, and fees
for a Class A registered barber certificate and the fee for the current law
and rules book published by the department must be submitted to the department
office in Austin.
]
Proof that the applicant is
]
has
] at least a seventh grade education
;
[
.
]
(3)
]
hold a
[
A
] current original barber license from the home licensing state or country
; and
[
.
]
(4)
A certified transcript of
hours completed in an approved barber school and proof of graduation. If the
applicant has an apprentice or assistant barber license, proof of 1,500 hours
of barber school or working experience will be required from the licensing
board or barber school. ]
(5)
One current two-inch by two-inch
process photograph (not Polaroid).]
(6)
]
a
[
A
]
letter from the licensing board in the home state, bearing its official seal
of office, stating that the applicant's license is current and in good standing
; or
[
.
]
and
]
.
]
(1)
Student Permit;]
(2)
] Barber School Permit; and
(3)
] Examination Proctor Registration.
;
]
(4)
two recent, identical pictures,
size two inches by two inches; and ]
(5)
payment of applicable examination
fee.]
sanitation requirements
of §82.100
].
on the
entrance door or window of the shop in letters at least three inches high
].
sanitation requirements
of §82.100
].
(d)
Each barber school must inform
the department in writing which hours and days the school is open and closed.]
(e)
] A barber school must have one
barber chair available for each student in attendance on the practical floor.
Additional students in attendance must be assigned to the beginner's department
or theory classroom.
(f)
] A barber school shall furnish
each student within seven days of the student's enrollment his or her own
copy of the law and rules book published by the department. Each student shall
retain permanent ownership of the books so that he or she will have ready
access to and be knowledgeable of the laws and rules that regulate barbering.
(g)
] The barber school must issue
within seven days of enrollment each student his or her own textbook or books
which shall contain all subjects referred to in Texas Occupations Code §1601.558.
The department must approve each textbook or books before it may be used in
the barber school curriculum.
(h)
] Within 30 days of enrollment,
a barber school shall furnish to or ensure that each student is equipped with
his or her own personal tools which must include the following:
(i)
] Optional equipment for the
kit will be as follows:
(j)
] No student may take instruction
or accrue hours for practical work unless he or she is equipped with the tools
required above.
(k)
] Each barber school shall have:
82.101
], one complete manicure table, one complete set of manicuring
implements for plain and sculptured nails, and one textbook with complete
instructions;
(l)
] Each classroom consultant to
theory instruction in a barber school shall have a valid Texas barber teacher's
certificate, an academic degree or specialized training or expertise in the
subject being taught if the subject pertains to material relating to barbering.
(m)
] A student teacher may instruct
theory only if assisted by a person holding a teaching certificate.
(n)
] Whenever an approved barber
school is without the services of at least one teacher who has a valid Texas
barber teacher's certificate for all or any portion of three consecutive business
days,
no
[
the owner, manager, or authorized agent of the school
must notify the department in writing. This notification must be on or before
the seventh calendar day following the first day of the absence, and must
explain the absence and its duration or expected duration. No
] instruction
may be provided, and no student shall accrue hours for either practical work
or theory for the duration of such absence.
(o)
] A barber school shall submit
each application for
student permit
[
enrollment
] which
shall include the following items;
enrollment
] form.
(p)
] Application for
a student
permit
[
enrollment in a barber school
] must be sent to the
department in complete form within ten days of actual date of enrollment.
(q)
] Each barber school approved
by the department shall include in its instruction the curriculum approved
by the department.
(r)
All hours earned by a student
in a barber refresher course must be reported to the department on the school's
monthly progress report, and the student permit must be returned by the school
owner or manager within 7 days to the department when the student has completed
300 hours. ]
(s)
] No business other than the
teaching and practicing of barbering can be operated on the premises of a
barber school, with the exception of vending machines or retail products directly
relating to hair care.
(t)
] Only a permitted barber school
or a licensed barber may advertise in the yellow pages of the telephone directory
under "Barber."
(u)
A student enrolled in a barber
school must wear a clean uniform or smock during school hours.]
(v)
] Barber schools are responsible
for compliance with the
health and safety standards of this chapter
[
sanitation requirements of §82.100
].
(w)
Barber schools are responsible
for compliance with the reporting requirements of §82.102].
(a)
Each person enrolling in an
approved barber school in Texas must apply on forms approved by the department.]
(b)
] After the department receives
the completed
student permit
application [
for enrollment
]
the department will issue a student permit which gives the student the right
to do barber service only in the school. Affixed to the student permit will
be a current photograph furnished by the student to the school in accordance
with §82.72. No student permit is valid unless this photograph is attached
thereto.
(c)
A student permit expires 12
months after the date of enrollment. If a student has not completed the 1,500
hours required by §82.101 within 12 months from the date of enrollment,
upon request by the school the department will reissue the student permit
for an additional 12 month period.]
(d)
] The student is responsible
for ensuring that a student permit is on display at all times during the student’s
enrollment at or near the
student’s
[
students
]
work station. No student may accrue hours for practical work or theory unless
the permit is displayed in accordance with this subsection.
(e)
] When a student withdraws or
otherwise interrupts his or her training in a barber school, for more than
60 days, after last date of attendance, the school shall send the student
permit to the department within seven days after such withdraw, or interruption.
The manager or owner of the barber school shall write on the permit the last
day of the student's attendance and the number of credit hours accrued by
the student and shall sign the student permit.
(f)
] If a student returns to the
same barber school after interruption the school shall notify the department
in writing and a student permit shall be reissued.
(g)
] When a barber school accepts
a transfer of a student from another school the accepting school, shall on
behalf of the student, submit to the department in writing the student's enrollment
application and a request that the department issue a new student permit for
the transferring student.
(h)
No reenrolled or transferred
students may take instruction or accrue hours for practical work or theory
unless the new student permit issued by the department is on display at or
near the student’s work station.]
(6)
Barber by Endorsement or Reciprocity
from Other States--$180 (includes law and rules book)]
(7)
] Registered Examination Proctor--$25
(8)
] Barbershop Permit--$60
(9)
] Manicurist Specialty Shop
Permit--$50
(10)
] Booth Rental Permit--$50
(6)
Barber by Endorsement or Reciprocity
from Other States--$180 (includes law and rules book)]
(7)
] Registered Examination Proctor--$25
(8)
] Barbershop Permit--$60
(9)
] Manicurist Specialty Shop Permit--$50
(10)
] Booth Rental Permit--$50
Barber School Fees:
]
(1)
Original Inspection (Permit)--$1,000]
(2)
Re-inspection--$500]
(3)
School (Renewal) Permit--$300]
(d)
Examination Fees:]
(1)
Student Barber--$40]
(2)
Student Manicurist--$40]
(3)
Student Teacher--$70]
(4)
Five-year Barber Teacher--$70]
(5)
Expired License Barber (Old Texan)--$75]
(e)
] Issuance of a revised or duplicate
license, certificate or permit--$25
(f)
] Verification of license, permit
or certificate to other states--$25
(g)
] Law and Rules Book Fee--$10
(h)
] Registered Examination Proctor
Department Training Course--$50
(i)
] Late renewals fees for licenses,
certificates and permits issued under this chapter are provided under §60.83
of this title (relating to Late Renewal Fees).
Chapter 83.
COSMETOLOGISTS