Part 2.
TEXAS STATE BOARD OF BARBER EXAMINERS
Chapter 51.
PRACTICE AND PROCEDURE
Subchapter A. THE BOARD
22 TAC §51.3
The Texas State Board of Barber Examiners proposes an amendment
to §51.3 (Administrative Fines) to add fines for violations of the proposed
new §51.91 that clarifies the responsibilities of barber shop and specialty
shop owners and managers in regard to verifying the licenses and permits of
all employees and independent contractors (booth renters) who engage in barbering
in the shop. The fine for allowing an independent contractor without a license
or a booth rental permit to engage in barbering in a shop would be $500 for
the first offense, $750 for the second offense, and $1,000 for the third and
subsequent offenses. The fines for allowing an employee or independent contractor
to engage in barbering with an expired license or an expired booth rental
permit would be $100 for the first offense, $300 for the second offense, and
$500 for the third and subsequent offenses.
The action is proposed to increase compliance by licensees and permit holders
with the statutes and rules under which they are regulated and help ensure
that all individuals engaged in barbering in a barber shop or specialty shop
have the appropriate current licenses and permits issued by the Board.
Glenn Parker, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal impact for local
government as a result of enforcing or administering the rule. In addition,
Mr. Parker has determined that for the first five year period the rule is
in effect, revenue to the state will increase by approximately $50,000 per
year as a result of the increased in fines and penalties for violations of
the rule.
Mr. Parker has also determined that for the first five year period the
rule is in effect, the public benefit will be a decrease in the number of
individuals practicing barbering without a license or permit or with an expired
license or permit, an increase in compliance by barbers and other licensees
with the statutes and rules under which they are regulated, and an increase
in funds available within the State's General Fund due to the collection of
fines and penalties for violations of the rule. There will be no costs to
the general public. There will be no cost to small or micro-businesses, or
individuals associated with the enforcement of the proposed rule.
Comments on the proposed amendment to the rule may be submitted in writing
within 30 days after the publication of the proposal in the
Texas Register
to Glenn Parker, Executive Director, Texas State Board
of Barber Examiners, 5717 Balcones Drive, Suite 217, Austin, Texas 78731-4203.
The amendment is proposed under the Texas Occupations Code, Chapter
1601, §1601.151 which provides the Texas State Board of Barber Examiners
with the authority to adopt and enforce all rules necessary for the performance
of its duties, and under Texas Occupations Code, Chapter 1601, §1601.155
which provides the Board with the authority to set fees, and under Texas Occupations
Code, Chapter 1601, §1601.701 which provides the Board with the authority
to impose administrative penalties.
No other code, article, or statute is affected by this proposed amendment.
§51.3.Administrative Fines.
(a) (No change.)
(b) Fine Schedule:
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2004.
TRD-200407503
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: February 13, 2005
For further information, please call: (512) 936-6333
22 TAC §51.93
The Texas State Board of Barber Examiners proposes an amendment
to §51.93, concerning Sanitation Rules for Barber Shops, Manicurist Specialty
Shops, and Barber Schools and Colleges to require that each chair or station
in a barber shop have its own jar or container of liquid sterilizer for use
in sterilizing combs, brushes, clipper guards, or other appropriate implements
between use.
The action is proposed to help protect the public from the potential spread
of disease or other health hazards that may be spread through the use of unsanitary
or non-sterilized equipment or implements.
Glenn Parker, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal impact for local
government as a result of enforcing or administering the rule, nor will there
be an impact to state government.
Mr. Parker has also determined that for each year of the first five years
the rule is to be in effect, the public benefit anticipated as a result of
enforcing the rule will be an increase in the level of protection from the
potential spread of disease and other health hazards for customers of barber
shops. There will be no direct costs to the general public. There will be
no cost to small or micro-businesses, or individuals associated with the enforcement
of the proposed rule. Barbers will be required to purchase and maintain a
container of liquid sterilizer at their work stations.
Comments on the proposed amendment to the rule may be submitted in writing
within 30 days after the publication of the proposal in the
Texas Register
to Glenn Parker, Executive Director, Texas State Board
of Barber Examiners, 5717 Balcones Drive, Suite #217, Austin, Texas 78731-4203.
The amendment is proposed under the Texas Occupations Code, Chapter
1601, §1601.151 which provides the Texas State Board of Barber Examiners
with the authority to adopt and enforce all rules necessary for the performance
of it duties, and under Chapter 1601, §1601.152 which provides the Board
with the authority to adopt reasonable rules on sanitation for the operation
of barber shops, specialty shops, and barber schools.
No other code, article, or statute is affected by this proposed amendment.
§51.93.Sanitation Rules for Barber Shops, Manicurist Specialty Shops, and Barber Schools and Colleges.
(a) - (d)
(No change.)
(e)
Cleaning and Disinfecting.
(1)
A container of liquid sterilizer shall
be located at each barber chair or station in a shop, school, or college to
be used to disinfect or sterilize combs, brushes, scissors or other equipment
described in subsection (c)(1) of this section, which may be safely immersed
in a liquid sterilizer. Equipment and tools to be placed in the liquid sterilizer
shall first be cleaned by wiping, brushing or by running water over the implement
to remove hair and other contaminants before being immersed in the liquid
sterilizer. The liquid sterilizer shall be kept reasonably free of hair and
other debris and shall be replaced in accordance with the manufacturer's instructions.
(2)
[
(3)
[
(A)
As used in this section, "whirlpool footspa" or "spa" is
defined as any basin using circulating water.
(B)
Before use upon each patron, each whirlpool footspa shall
be cleaned and disinfected in the following manner:
(i)
All water shall be drained and all debris shall be removed
from the spa basin.
(ii)
The spa basin must be cleaned with soap or detergent and
water.
(iii)
The spa basin must be disinfected with an EPA-registered
disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity
which must be used according to manufacturer's instructions.
(iv)
The spa basin must be wiped clean with a dry towel.
(C)
At the end of each day, each whirlpool footspa shall be
cleaned and disinfected in the following manner:
(i)
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.
(ii)
Before replacing the screen, one of the following procedures
shall be performed:
(I)
The screen shall washed with a chlorine bleach solution
of one (1) teaspoon of 5% chlorine bleach to one (1) gallon of water, or
(II)
The screen shall be totally immersed in an EPA-registered
disinfectant with demonstrated bactericidal, fungicidal, and virucidal activity
which must be used according to the manufacturer's instructions.
(iii)
The spa system shall be flushed with low sudsing 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 subparagraph (C) in this paragraph, each whirlpool footspa
shall be cleaned and disinfected in the following manner:
(i)
The spa basin shall be filled completely with water and
one (1) teaspoon of 5% bleach for each one (1) gallon of water.
(ii)
The spa system shall be flushed with the bleach and water
solution for 5 to 10 minutes and allowed to sit for 6 to 10 hours.
(iii)
The spa system shall be drained and flushed with water
before use upon a patron.
(E)
A record shall be made of the date and time of each cleaning
and disinfecting as required by subparagraphs
(B), (C),
[
(F)
A violation of this section may result in an administrative
fine and/or disciplinary action. Each footspa not in compliance with this
section may result in a separate violation.
(G)
A footspa found to be in violation of the cleaning or
disinfecting requirements of this rule, or 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 been cleaned and disinfected in accordance
with the requirements of this rule and the records have been properly updated.
(f) - (n)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on December 27, 2004.
TRD-200407500
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: February 13, 2005
For further information, please call: (512) 936-6333
Chapter 102.
FEES
The Texas State Board of Dental Examiners (Board) proposes the repeal
of 22 TAC Chapter 102, §102.1, concerning fees charged by the Board,
and proposes new §102.1 to replace it. The proposed new section contains
new language to enact certain fee requirements imposed by Senate Bills 1152
and 263, §10 and §19, 78th Legislature. The new section, compared
to the current iteration, also contains extensive revisions to clarify and
standardize language, and to improve organization.
Section 102.1(a)(4)(A) reflects the addition of the statutorily required
$5 online fee for dental licensees, changing the annual dental registration
renewal fee from $111 to $116.
Section 102.1(b)(4)(A) reflects the addition of the statutorily required
$3 online fee for dental licensees, changing the annual dental registration
renewal fee from $66 to $69.
Section 102.1(c)(1) reflects the addition of fees for the new dental assistant
registration program, in the amount of $50 for the initial registration, and
$25 for the annual renewal.
Section 102.1(c)(2) reflects a proposed reduction in the fees for a pit
and fissure sealant certification, in order to help offset the cost to dental
assistants who wish to hold both a dental assistant registration and a pit
and fissure sealant certification. The initial registration fee has been reduced
from $50 to $25, and the annual renewal fee has been reduced from $50 to $15.
Section 102.1(d)(2)(B) reflects the addition of the statutorily required
annual $3.00 "e-pay" service fee for dental licensees.
There are no other substantive changes to the section.
Bobby D. Schmidt, Executive Director, Texas State Board of Dental Examiners
has determined that for each year of the first five-year period the section
is in effect, there will be no fiscal implications for local or state government
as a result of enforcing or administering the section.
The public benefit anticipated as a result of enforcing or administering
the section will be minimal.
The impact on large, small or micro-businesses will be minimal.
The anticipated economic cost to persons as a result of enforcing or administering
the section will be negligible. Dental assistants who wish to be able to legally
position and expose x-rays will now have to pay a fee as part of the registration
requirement. However, the Board has made an effort to keep those fees to a
minimum, and has reduced other fees to try to help compensate.
Comments on the proposal may be submitted to Bobby D. Schmidt, M.Ed. Executive
Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite
800, Austin, Texas 78701, (512) 475-1660. To be considered, all written comments
must be received by the Texas State Board of Dental Examiners no later than
30 days from the date that the proposal is published in the
Texas Register
.
22 TAC §102.1
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the State Board of Dental Examiners or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal of §102.1 is proposed under Texas
Government Code §§2001.021 et seq; Texas Civil Statutes; the Occupations
Code §254.001, which provides the Board with the authority to adopt and
enforce rules necessary for it to perform its duties.
The proposed repeal affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapters 101 - 125.
§102.1.Fee Schedule.
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 29, 2004.
TRD-200407523
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: February 13, 2005
For further information, please call: (512) 475-0972
22 TAC §102.1
The section is proposed under Texas Government Code §§2001.021
et seq.; Texas Civil Statutes; the Occupations Code §254.001, which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties.
The proposed section affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapters 101 - 125.
§102.1.Fee Schedule.
(a)
Dentists
(1)
Application for licensure by examination:
(A)
Initial application/examination--$155; and
(B)
Initial assessment by the Texas Legislature for deposit
to the General Revenue Fund--$200.
(2)
Application for licensure by credentials--$2,005
(3)
Application for temporary licensure by credentials--$500
(4)
Annual registration renewal:
(A)
Annual registration--$116;
(B)
Annual peer assistance--$9; and,
(C)
Annual assessment by Texas Legislature for deposit to the
General Revenue Fund--$200.
(5)
Duplicate license--$15
(6)
Duplicate renewal certificate--$15
(7)
Reactivate a retired license--$50
(8)
Sedation/Anesthesia Permit Application:
(A)
Initial application--$28.75.
(B)
Annual renewal--$5.
(b)
Dental Hygienists
(1)
Application for licensure by examination--$75
(2)
Application for licensure by credentials--$480
(3)
Application for temporary licensure by credentials--$100
(4)
Annual registration renewal:
(A)
Annual registration--$69; and,
(B)
Annual peer assistance--$2.
(5)
Duplicate license--$15
(6)
Duplicate renewal certificate--$15
(7)
Reactivate a retired license--$50
(c)
Dental Assistants
(1)
Dental assistant registration:
(A)
Initial application--$50.
(B)
Annual renewal--$25.
(2)
Pit and fissure sealant certification:
(A)
Initial application--$25.
(B)
Annual renewal--$15.
(d)
Dental Laboratories
(1)
Initial application--$105
(2)
Annual registration renewal:
(A)
Annual registration--$101; and,
(B)
Annual e-pay service fee--$3.
(e)
Mobile Dental Facilities or Portable Dental Units
(1)
Initial application--$50
(2)
Annual renewal--$50
(f)
Application for dental intern or resident exception tracking
(identification) number--$25
(g)
Dentist or dental hygienist faculty application--$75
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 29, 2004.
TRD-200407524
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Earliest possible date of adoption: February 13, 2005
For further information, please call: (512) 475-0972
Chapter 206.
GUARANTEED STUDENT LOANS
Subchapter D. BARBER SHOPS
(1)
] A disinfectant, germicide,
or bactericide used shall be approved by the Environmental Protection Agency
and used according to label instructions. When not in use,
or when not
in a liquid sterilizer,
instruments
shall
[
may
]
be placed in dry disinfectant equipment or under germicidal ultraviolet light.
Metallic instruments with a cutting edge
shall
[
may
]
be disinfected after proper washing by wiping carefully with a clean cotton
pad saturated with a 70%
ethyl
alcohol solution, or clipper blades
may be disinfected with spray-type disinfectants approved by the Environmental
Protection Agency.
(2)
] Whirlpool Footspas
(D)
] and (D) of this paragraph and indicate whether the cleaning was
a daily or bi-weekly cleaning. Cleaning and disinfecting records shall be
made available upon request by either a patron or a Texas State Board of Barber
Examiners representative.
Part 5.
STATE BOARD OF DENTAL EXAMINERS
Part 10.
TEXAS FUNERAL SERVICE COMMISSION